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DORDA | November 2022

Environmental, social and governance (ESG) reporting is a major and evolving regulatory area in Europe. Disclosures play a crucial role in helping the financial sector address climate change and sustainability. They are also being used to address issues such as poor workplace diversity and gender pay gaps. Several jurisdictions have introduced or plan to introduce measures dealing with ESG risks in supply chains ...

Mamo TCV Advocates | November 2022

 The agreement on a new EU-U.S. data privacy framework between EU Commission President Ursula Von Der Leyen and U.S. President Joe Biden had already been announced on 25 March 2022 (for background, please refer to our previous article The EU-US Privacy Shield: Third Time’s a Charm? – Mamo TCV) ...

Shoosmiths LLP | November 2022

On the first day of Christmas, HR was asked, “Who should we invite to the Christmas party?”. And HR replied...everyone! When it comes to Christmas parties, although it is rare for employees who are absent, for example on sick leave or maternity or other family leave, to be deliberately excluded from the invite list, it is often the case that they are overlooked, particularly if they have been absent for some time ...

Shoosmiths LLP | November 2022

Congratulations! You won your case in court and all the expense and hard work of the past few months, or years (not to mention the broken business relationships and sleepless nights along the way) might just have been worth it to experience this moment of jubilation ...

Mamo TCV Advocates | November 2022

  On the 12th of April 2021, the Malta Financial Services Authority (‘MFSA’) introduced the requirement for all collective investment schemes that are locally licensed or notified to submit a novel return, being the Annual Fund Return. Various amendments to the Annual Fund Return have been made as can be seen in the Circular issued by the MFSA on the 21st of December 2021, along with the updated Guidelines ...

Simonsen Vogt Wiig AS | November 2022

On appeal, the trademark infringement was no longer in dispute. Still, the decision has a fundamental interest in the intellectual property legal space. The judgement deals with principal issues related to compensation claims for trademark infringement where the infringement and alleged damage merely relates to a subpart of the infringer’s ads and turnover. Norgesgjerde and Vindex (the original plaintiffs) claimed total damages and compensation in excess of NOK 10 million ...

Shoosmiths LLP | November 2022

Blockchain litigation lead, Matt Green will be hosting our latest podcast series, 'In Early - The Crypto Podcast' - Listen to episode 3. During this five-part series, Matt will be speaking to special guests at the forefront of the digital asset space, telling real life stories, discussing the growth and growing pains of the industry, and exploring how blockchain technology has made an impact on people’s lives ...

Shoosmiths LLP | November 2022

According to a recent Employment Appeal Tribunal decision, an employee cannot settle future statutory claims that have not arisen at the date of the settlement agreement. We review what this means in practice for parties entering into such agreements. In order for a settlement agreement to be valid, it must comply with the necessary statutory requirements ...

Shoosmiths LLP | November 2022

Shoosmiths’ head of energy and infrastructure (E&I) sector, James Wood-Robertson, details and reacts to the much-anticipated E&I developments and proposals set out in the UK government’s 2022 Autumn Statement ...

Shoosmiths LLP | November 2022

Recent months have seen a flurry of developments globally towards the regulation of Artificial Intelligence. Government bodies in the US, UK and EU have released proposals and updates around regulating AI, with each approach showing important distinctions ...

Shoosmiths LLP | November 2022

Commercial landlords and tenants have less than five months to go until the first major change comes into force following the government implementing the Minimum Energy Efficiency Standards (MEES) in 2018.  Currently, a commercial landlord cannot grant a new lease of a property that has an energy performance rating of less than E - unless an exemption applies ...

Shoosmiths LLP | November 2022

The Criminal Procedure (Amendment No.2) Rules introduce changes to private prosecutions. The Rules amend the existing Criminal Procedure Rules 2020, introducing new criteria that may well serve to curtail the increasing number of private prosecutions, thereby reducing the consequent pressure on the courts and all those involved.  The Criminal Procedure (Amendment No.2) Rules The Criminal Procedure (Amendment No.2) Rules (S.I ...

Shoosmiths LLP | November 2022

On 3 October 2022 the Environment Secretary (‘ES’), Ranil Jayawardena, announced proposals to raise the maximum civil penalty for water companies who pollute the environment by 1,000-fold, from £250,000 to a proposed £250 million.  The proposals are subject to consultation, but if they are implemented, it is hoped they would help to prevent water companies from causing serious polluting incidents and preserve public and environmental health for future generations ...

Shoosmiths LLP | November 2022

Now the dust has settled on this year’s hugely influential SCV2UK Summit – which brings together global entrepreneurs, investors, and tech leaders the UK and Bay Area - Partner James Klein reflects on another successful event which the firm has again supported ...

Mamo TCV Advocates | November 2022

  MamoTCV has contributed to the 10th Edition of The Insurance and Reinsurance Law Review. This edition was edited by Simon Cooper (Ince Gordon Dadds LLP) and provides an overview of the legal and regulatory regime for (re)insurance undertakings and intermediaries in 30 jurisdictions. The publication provides guidance on legal and market developments in each jurisdiction aiding comparative analysis ...

Shoosmiths LLP | November 2022

July was a busy month for the FCA in publishing guidance, policy and rules which have a significant impact on a firm’s relationships with its senior managers and staff.  On 30 June, and towards the beginning of the “crypto winter”, Sarah Pritchard, Executive Director of Markets at the FCA gave a speech to the City UK Annual Conference entitled “Finding Opportunity in a World of Uncertainty” ...

Shoosmiths LLP | November 2022

On 20 April 2022 the FCA published its final rules requiring the disclosure of data in relation to diversity on listed company boards and executive committees. Policy Statement On 20 April 2022, the FCA published its final rules requiring the disclosure of data in relation to diversity on listed company boards and executive committees. The rules will apply to financial years beginning on or after 1 April 2022, so the first reporting will be in 2023 ...

Shoosmiths LLP | November 2022

How can an employment disciplinary investigation findings determine fitness and propriety? Senior Managers & Certification Regime (SM&CR) firms are under a duty to consider fitness and propriety on an ongoing basis ...

Shoosmiths LLP | November 2022

Employers will be familiar with the desire to settle a Tribunal claim before it reaches a final hearing, in fact the Tribunal itself actively encourages mediation and settlement. Swiss Re Corporate Solutions Ltd v Sommer EAT is an excellent example of why it is important to be careful in all without prejudice communication so that if a settlement is not reached, the without prejudice communication does not end up disclosed as part of the Tribunal proceedings ...

Shoosmiths LLP | November 2022

The Confederation of British Industry (CBI) has recently published its most recent Financial Services Survey, the results of which demonstrate the effect that Brexit is having on immigration of employees and expertise in to the UK in the financial services sector. There are an estimated 1.1 million UK jobs in the financial services sector. Historically, the sector obtained one fifth of its workers from outside of the UK ...

Shoosmiths LLP | November 2022

Direct marketing by email is a keystone for many businesses. It can be efficient and effective: but are you confident you are getting it right? Getting it wrong can cost customer goodwill and see the regulator knocking at the door. On 17 October the UK data regulator, the Information Commissioner’s Office (ICO), issued new guidance on electronic mail for direct marketing purposes which should be helpful for companies trying to do the right thing ...

Shoosmiths LLP | November 2022

Tackling rising prices within the parameters of public procurement. One of the main symptoms of the current economic crisis is rising prices, for individuals and businesses. Brexit and the Russian invasion of Ukraine are just two contributory factors in fuelling increases in prices across the supply chain in the UK, particularly the cost of raw materials, labour and transport ...

Mamo TCV Advocates | November 2022

The Pre-Insolvency Bill (‘the Bill’) is at its second reading in Parliament. The Bill is being proposed as an Act to partially transpose EU Directive 2019/1023 (‘the Directive’) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt ...

Asters | November 2022

Asters' Counsel and pro bono legal advisor of the Committee on Industrial Ecology and Sustainable Development of the European Business Association (EBA) Anzhelika Livitska contributed to EBA White Paper "Deregulation of environmental legislation in a time of war and reforms aimed for European integration" ...

Shoosmiths LLP | November 2022

In our final quarterly case law update of 2022, we discuss four of the most significant employment law cases since August 2022 and the lessons that employers should take from them. Whistleblowing In the case of Kong v Gulf International Bank, Ms Kong made protected disclosures to the Head of Legal, Ms Harding ...

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