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Firm: A&L Goodbody LLP

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Interim Legislation to Update Outdated Gambling Laws
A&L Goodbody LLP, December 2017

The Minister of State in the Department of Justice and Equality, Mr. David Stanton, has expressed an intention to bring forward the long awaited Gambling Control Bill (the GCB) by the end of 2017. The Government's Legislation Programme for Autumn 2017 notes that work is underway on the GCB. However, there has been no further information on when the draft of the GCB will be published, which is the next substantive step...

Successfully Doing Business Overseas: The Case for an EU-Wide Sandbox Initiative
A&L Goodbody LLP, November 2017

 Last month, the UK Financial Conduct Authority (FCA) published its "Regulatory Sandbox – Lessons Learned Report". In the Report, the FCA evaluated the progress of the UK financial regulatory sandbox during its first year of operation and tentatively concluded that the initiative has so far been a success...

New Construction (Design and Management) Regulations come into force on 1 August 2016
A&L Goodbody LLP, July 2016

The Construction (Design and Management) Regulations (Northern Ireland) 2016 ("CDM 2016") come into force on 1 August 2016. The legislation includes transitional provisions, so that, where a project has already started by 1 August 2016, the Client must appoint a Principal Designer before 1 August 2017 (unless the project ends before that date). In the meantime, the existing CDM Co-ordinator must comply with the duties of a Principal Designer...

High Court Finds No Binding Oral Agreement with Bank
A&L Goodbody LLP, July 2016

Allied Irish Bank PLC -v- Moloney & anor [2016] IEHC 346 Twomey J, 20 June 2016, concerned an application by Allied Irish Bank (AIB) for summary judgment in the sum of €10.8m. The defendants contested the application claiming that they had a binding oral agreement with AIB, whereby it was agreed that the defendants would sell the properties charged to AIB, and the outstanding loan would be written off. The fact of the borrowings was not disputed...

Microsoft wins landmark US appeal against search warrant for emails stored in Ireland
A&L Goodbody LLP, July 2016

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. The decision is a milestone victory for privacy rights and will be greatly welcomed by US technology companies storing data abroad...

European Commission Adopts Privacy Shield
A&L Goodbody LLP, July 2016

The European Commission has today adopted the Privacy Shield.  The Privacy Shield is intended to provide a framework for EU-US data transfers. What is the Privacy Shield? European data protection law restricts the transfer of personal data outside the European Economic Area (EEA) unless the country to which the data is transferred ensures an adequate level of data protection...

Brexit – What Next for Your Pan-European Asset Management Business?
A&L Goodbody LLP, June 2016

Background The UK referendum held on 23 June 2016 has resulted in a majority voting in favour of the UK leaving the EU.  As of now the UK is still a part of the EU notwithstanding the vote on 23 June.  It is now up to the UK parliament to decide if, and if so when, to formally start the process to leave the EU.  The exit of a member state from the EU is dealt with in Article 50 of the Treaty on European Union (TEU) which has only existed since 1 December 2009...

Climate Action and Low Carbon Development Act 2015 – National Adaption Framework (12 May 2016)
A&L Goodbody LLP, May 2016

The Climate Action and Low Carbon Development Act 2015 (the Act) was signed into law on 10 December 2015. The Act comprises of a framework designed to achieve a low carbon, climate resilient, and environmentally sustainable economy by 2050. The Act provides for two statutory plans which will guide policy in relation to greenhouse gas emission reduction and climate change adaption. The plans are: 1) National Mitigation Plan; and 2) National Adaption Framework (NAF)...

Transfers of Value go public on 1 July 2016
A&L Goodbody LLP, March 2016

Are you ready to disclose? All Transfers of Value (ToV) from 2015 must be disclosed publicly via the Irish Pharmaceutical Healthcare Association (IPHA) central reporting system by 1 July 2016. This relates to all ToVs that were made by pharmaceutical companies to Healthcare Providers (HCPs) and Healthcare Organisations (HCOs) in connection with the development and sale of prescription only medicinal products for human use...

High Court adopts broad interpretation of the definition of "environmental information" under the AIE Regulations (23 February 2016)
A&L Goodbody LLP, March 2016

The High Court has delivered judgment in the case of Minch v The Commissioner of Environmental Information (CEI) (16 February 2016) concerning the scope of access to environmental information...

Countering Money Laundering and Terrorist Financing in Gambling - A Missed Opportunity for Ireland?
A&L Goodbody LLP, December 2015

INTRODUCTION With the increased, Europe-wide focus on countering money laundering and terrorist financing in recent years, it is an anomaly that Irish anti-money laundering and anti-terrorist financing laws have not to date been extended to cover land-based or online bookmakers or gaming operators...

Power Politics: The End of Subsidies for Onshore Wind Farms?
A&L Goodbody LLP, July 2015

Ahead of the recent election it was no secret that the Conservatives wanted to see a cut in taxpayer support for the development of wind farms. What did come as a surprise was the recent announcement by the Westminster Department of Energy and Climate Change (DECC) that the main form of subsidy for wind farms would suddenly be closed in March 2016...

Northern Ireland is Positioning itself as a Leading Technology Hub
A&L Goodbody LLP, July 2015

Earlier this year, the UK government launched 'Tech Nation'; an interactive data project that shows the growth of digital businesses within specific areas/regions across the UK. The report is the first of its kind and ranked Belfast as the second highest region in the UK in terms of the highest average company turnover in this sector, with Greater Manchester securing the top spot and Sheffield, Inner London and South Wales coming third, fourth and fifth respectively...

The Front Page, Asset Management & Investment Funds: EU & International Developments
A&L Goodbody LLP, March 2015

MMF Regulation: The European Parliament's Committee on Economic and Monetary Affairs (ECON) published its report (which includes the draft regulation) (dated 4 March 2015) on the proposed Regulation on Money Market Funds (MMF Regulation). The EU Parliament is scheduled to consider the legislative proposal on 27 to 30 April 2015.  ESMA AIFMD Q&AESMA has published updated AIFMD Q&A with new reporting issues and some additional guidance on marketing...

Interception of Telecommunications Messages
A&L Goodbody LLP, December 2014

A Ministerial Order (S.I. 541/2014) has been passed commencing Part 3 of the Criminal Justice (Mutual Assistance) Act 2008 (the Act), from last Monday 1 December, 2014.  The Act provides for various forms of mutual legal assistance to foreign law enforcement authorities. Part 3 concerns requests for mutual assistance between Ireland and other Member States of the EU for interception of telecommunications messages for the purposes of criminal investigations...

The Damages Directive comes closer: Businesses and consumers to be helped bring claims for losses due to anti-competitive behaviour
A&L Goodbody LLP, November 2014

Businesses and consumers who suffer loss because of the anti-competitive behaviour of others may sue for damages. Some businesses have mounted major actions to claim damages in various courts to recover losses due to cartels, abuses of dominance and other breaches of competition law. The European Union is trying to encourage such actions so as to deter anti-competitive behaviour but also to facilitate the payment of compensation as a way of restoring the competitive balance to the economy...

The Central Bank of Ireland changes rules to permit managers to set up loan originating funds
A&L Goodbody LLP, September 2014

The Central Bank of Ireland has today issued its feedback statement on Consultation Paper 85 dealing with loan originating qualifying investor alternative investment funds (QIAIFs).  In the feedback statement the Central Bank has announced that it will allow for the authorisation of QIAIFs that originate loans from 1 October 2014. The Central Bank's AIF Rulebook is being updated to reflect this change...

Bullying - Recent Bullying And Harassment Cases Before the High Court
A&L Goodbody LLP, May 2014

The High Court recently issued 2 important judgments on the topic of bullying in the workplace. In the first case the plaintiff was successful and in the second case the plaintiff's claim failed. In the case of Una Ruffley v. the Board of Management of St. Anne's School (May 2014) a special needs assistant was awarded the sum of €255,276 in compensation and loss of earnings as a result of bullying which she suffered in the work place...

Confidential Information - Taking Confidential Information With You - The Legal Issues
A&L Goodbody LLP, May 2014

The prolific growth in the use of social media has resulted in an increasing tension between employers and employees over social media account ownership. The crux of the issue is that employers are encouraging their employees to use social networking websites, whilst trying to claim that the contacts should remain confidential at the end of their employment...

Is Big Brother Watching You? - CCTV Surveillance At Work
A&L Goodbody LLP, April 2014

CCTV surveillance is becoming increasingly prevalent in every aspect of our lives.  Recognizable images of people captured by CCTV cameras constitute "personal data" as defined in the Data Protection Acts 1988 and 2003 ("the DPAs"). Accordingly, all use of CCTV by employers must be undertaken in compliance with the DPAs...

EU Funding Opportunities for R&D on the Horizon
A&L Goodbody LLP, March 2014

Horizon 2020 is the new EU Framework Programme offering more than €70bn funding for Research and Innovation initiatives over the period 2014 to 2020 and covering every stage of the innovation process from research to market uptake. Ivan Waide and Kate Keith, IP & Technology lawyers at A&L Goodbody, take a closer look at the programme, including opportunities available to Northern Ireland businesses and research organisations...

UK Report Provides Insight into Effective Approaches to Audit Committee Reporting
A&L Goodbody LLP, November 2013

A Report into effective approaches to audit committee reporting has been published by the Financial Reporting Lab, which is a forum set up by the Financial Reporting Council (FRC) to encourage better communication between listed companies and investors in the UK. The aim of the Report is to provide insight from companies and investors on effective approaches to audit committee reporting...

Website Found Liable for Online Commentary
A&L Goodbody LLP, October 2013

The European Court of Human Rights (the ECHR), in Delfi AS v Estonia, has upheld unanimously a finding of liability against an Internet news portal regarding offensive comments that were posted online by one of its readers. The ECHR held that making Delfi AS liable for the comments was a justified and proportionate interference with its right to freedom of expression and that there was no violation of Article 10 (freedom of expression) of the European Convention on Human Rights (the Convention)...

European Commission Introduces New Rules on Breach Notification by Telcos and ISPs
A&L Goodbody LLP, July 2013

On 26 June 2013, a new Commission Regulation on what telecommunications operators (Telcos) and Internet Service Providers (ISPs) should do if their customers' personal data is lost, stolen or otherwise compromised, was published in the Official Journal of the European Union. The purpose of the new rules is to ensure businesses, operating in more than one EU country, can take a pan-EU approach in the event of a data breach...

Tax Client Update: VAT and Property Transactions
A&L Goodbody LLP, February 2013

Acquiring investment property This alert is intended to highlight certain VAT issues relating to the purchase and management of property which is subject to a lease(s). In general VAT should not be chargeable on the sale of such property. Depending on the circumstances this VAT free treatment is based on exemption from VAT and/or “transfer of business” relief applying. VAT free treatment does not apply in all situations but exceptions are few...

 

 

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