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Legal Updates & Insights

  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    The Central Bank of Ireland (Central Bank) has recently published additional Solvency II Information Notes. The first of these, Note 4, outlines its approach to applications for approvals regarding undertaking-specific parameters (which are being accepted by the Central Bank since 1 April 2015).

    Finance
  • Article

    MMF Regulation

    On 29 April 2015, the European Parliament agreed its position on MMF reform following a plenary vote.

    Asset Management & Investment Funds
  • Article

    CJEU considers an allegedly unfair contractual term in an insurance contract

    In Jean-Claude Van Hove v CNP Assurances SA (Case C-96/14) the Court of Justice of the European Union (CJEU) considered Article 4(2) of the Unfair Terms in Consumer Contracts Directive 93/13/EEC (the Directive), in the context of proceedings involving an allegedly unfair contractual term in an insurance contract.

    Commercial Contracts
  • Article

    Companies Act 2014 - Key potential side effects for Irish insurers and reinsurers

    Most of the provisions of the Companies Act 2014 (the Act) are expected to be commenced on 1 June 2015.

    Insurance & Reinsurance
  • Article

    Defendant failed to show that there was no negligence in signing loan facility

    In AIB v Higgins & ors [2015] IECA 23, the Court of Appeal considered the necessary elements of the defence of 'non est factum'. Generally speaking if a person signs a document they are affirming the contents and will be bound by their signature. The defence of 'non est factum' (meaning literally “it is not my deed”) alleges that the signed agreement is void due to an absence of consent by the sig

    Disputes
  • Article

    The Front Page, Asset Management & Investment Funds: EU & International Developments

    On the International Front, we look at the AIFMD Delegated Regulation, ELTIFs, the SFT Regulation, the Benchmark Regulation, the Fourth Anti-Money Laundering Directive and the Wire Transfer Regulation.

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: Irish Practice Developments

    On the Domestic Front, we look at a Capital Markets Union Consultation, ISE changes and Connected Party Transactions.

    Asset Management & Investment Funds
  • Article

    The Woolworths Case - Employers can pick and don’t have to mix

    The eagerly awaited judgment in the Woolworths and Ethel Austin cases has been handed down today by the Court of Justice of the European Union (ECJ).

    Employment
  • Article

    Equality Tribunal Update on enforceability of settlement agreements

    A recent determination from the Equality Tribunal highlights again the importance of a properly drafted compromise agreement where employers and employees are terminating the employment relationship and any claims arising from it.

    Pensions & Incentives
  • Article

    Allegations of mis-selling could not be considered by Financial Services Ombudsman when they occurred more than six years previously

    In Geoghegan v Financial Services Ombudsman & ors [2015] IEHC 217, Kearns P in the High Court rejected an appeal of a decision of the Financial Services Ombudsman.

    Disputes
  • Article

    The details of Ireland’s new Betting (Amendment) Act

    The Irish President signed Ireland’s Betting (Amendment) Act 2015 into law on 15 March. This Act introduces a licensing regime for remote bookmakers and betting intermediaries in Ireland, bringing both online and brick-and-mortar bookmakers onto a more level playing field. Joe Kelly, Maire Conneely and Rowena Caulfield of A&L Goodbody discuss in detail the principle features of the new Act. This a

    Betting, Gaming & Licensing
  • Article

    Principal Shareholder of Company refused permission to legally represent Company in High Court Proceedings

    The High Court in a recent decision has made it clear that only in exceptional circumstances will it exercise its discretion to allow a shareholder to represent a company in legal proceedings.

    Disputes