The US Second Circuit Court of Appeals, overturning an earlier court ruling from a lower court, has held that the US Government cannot compel Microsoft to hand over emails stored on a server in Dublin in a narcotics case.
Privacy & Data SecurityDr Vincent Power, Partner, A&L Goodbody gives a preliminary assessment of the impact of Brexit on Competition Law.
BrexitIn ACC Bank plc v Walsh & Anor [2017] IECA 166 both husband and wife defendants appealed a High Court order for summary judgment however, only Mrs Walsh appeared at the appeal when she told the Court that the defendants had separated in November 2006.
DisputesAs an Irish lawyer based in Silicon Valley, I regularly speak to fast-growing companies that are entering into new international markets for the first time. Companies frequently ask me to advise on the best way to structure their overseas business.
Corporate & M&AOn 17 July 2017, Ireland's Competition and Consumer Protection Commission ("CCPC") announced that it has launched a study into the Personal Contract Plan ("PCP") in the motor sector. A PCP is a form of hire purchase used in the motor sector. It has become very popular across the Irish motor sector and is now regarded by many as the primary method of finance offered by dealers.
EU, Competition & ProcurementIn July 2017, the Environmental Protection Agency ('EPA') produced its 2016 Enforcement Report. A few key points are particularly worth noting.
Environmental & PlanningIn this case commentary, Alison Fanagan, Consultant in Environmental law, considers the decision of Barrett J in the High Court of Connolly v An Bord Pleanála (14 June 2016), and in particular, what implications the decision may have for An Bord Pleanála (and other competent authorities) in formulating decisions relative to proposed developments that involve Environmental Impact Assessment (EIA) a
Environmental & PlanningOn the Domestic Front: CCPC publishes its Mortgages Options Paper; Central Bank launches a Consultation in order to update their 2014 Implementation Notice in relation to the exercise of Options and Discretions arising from the CRD Regulations and CRR. On the EU Front: EBA publishes its Annual Report for 2016; EBA updates final guidelines on Disclosure Requirements pursuant to the CRR.
FinanceOn the Domestic Front: Central Bank publishes revised guidance on Share Classes and updated Central Bank UCITS Questions and Answers. On the EU Front: Money Market Funds Regulation published in the Official Journal; Commission addresses cross-border distribution and supervision of UCITS and AIFs.
Asset Management & Investment FundsOn 23 June 2017 the Government published the Information about People with Significant Control (Amendment) Regulations 2017. Two important changes have been made to the current PSC regime:
BelfastOn the Domestic Front: Central Bank publishes Markets Update, Issue 4 2017; Central Bank publishes updated Q&As on the Investment Firm Regulations 2017. On the EU Front: Commission publishes proposal to amend the EMIR with accompanying Q&As on the proposal; ESMA publishes updated MiFID II/ MIFIR Investor Protection Q&As.
Asset Management & Investment FundsThe Article 29 Working Party (WP29) has recently provided its Opinion 2/2017 on data processing at work.
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