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Coronavirus - FCA announces additional measures to aid listed companies with fundraisings - UK

Listed companies and recapitalisation issuances The FCA has announced a series of measures aimed to assist companies in raising additional capital in response to the Coronavirus crisis, whilst at the same time aiming to retain appropriate protection...




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Coronavirus – New measures affecting business – Russia

On 1 April 2020, the President of the Russian Federation signed Federal Law No. 98-FZ On Amendments to Certain Legislative Acts of the Russian Federation on Disaster Management and Emergency Response, which introduces a number of measures in differe...




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Coronavirus – Fiducie – Facilitating the obtaining of secured financing and the disposal of distressed assets – France

When the economic situation deteriorates, when the financial situation becomes strained, when the granting of credit becomes more difficult, being able to provide effective collateral in order to obtain cash from lenders is more important than ever ...




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Coronavirus – Shareholders and board meetings – Belgium

Royal decree No 4 1 contains various provisions on co-ownership and companies and associations law in the context of the fight against the Covid-19 pandemic. It was published in the Belgian State Gazette on 9 April 2020. The COVID-19 Decree is, amon...




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Eversheds Sutherland advises CEO and owner of Sarcus group on the sale to private equity investor Maxburg Capital Partners

Eversheds Sutherland has advised the CEO and owner of Saracus group on the sale of the group to an investment fund managed by private equity investor Maxburg Capital Partners. The parties agreed to keep the purchase price confidential. The client wi...




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Coronavirus - General meetings in lockdown – Switzerland

The COVID-19 pandemic and the associated "lockdown" poses completely new challenges for Swiss societies. This concerns, among other things, the numerous upcoming annual general meetings, which are usually held between April and June. According to th...




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Coronavirus - The certainty of change: M&A in a pandemic - Global

Right now M&A activity has been significantly decreased, and the projected numbers for foreign direct investment and Gross Domestic Product in many countries are concerning. However, we must remember that we have been through many crises over th...




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Coronavirus - Bridging valuation gaps with earn-outs and put/call options - Global

The continued impact of the coronavirus pandemic is undoubtedly increasing uncertainty around asset valuations. With the need to bridge valuation gaps in order for parties to strike deals, this article looks at two key tools to navigate this te...




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Coronavirus - Special corporate governance rules - Hungary

On 10 April 2020, a Government Decree was issued that prescribes the application of different company law rules as part of the government’s Economic Protection Action Plan. This adds new opportunities for corporate decision-making to mitigate ...




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Coronavirus - Guidance issued to Remuneration Committees - UK

The Investment Association (IA) has issued guidance to UK listed companies on how to approach executive pay issues during the COVID-19 pandemic. The IA published a Full Article



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Coronavirus – Podcast: DAC6 implications on corporate reorganisations - Global

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Eversheds Sutherland have advised the management team shareholders on the sale of a minority stake in Waterlogic

Eversheds Sutherland have advised the management team shareholders on the sale of a significant minority stake in Waterlogic, a UK-based designer, manufacturer, distributor and service provider of purified water dispensers, to four strong instituti...




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Eversheds Sutherland has advised Investment House Q.P.S.C. (“IH”), one of the leading investment banks and asset managers in Qatar

Eversheds Sutherland has advised Investment House Q.P.S.C. (“IH”), one of the leading investment banks and asset managers in Qatar, in connection with the first private fund in the country to invest in the alternative asset class of commercial shipp...




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Coronavirus - Podcast series: M&A and COVID-19 - Global

We have produced a series of podcasts looking at how COVID-19 has impacted the M&A market with discussions around key issues including technology, pricing and insolvency. Episode 1: Lessons from 2008 In Episode 1 our Corporate Partners ...




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The Greater Good: real estate supporting the fight against covid-19

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UK Government announces legislation for implementation of a UK digital service tax from April 2020

Speed brief: On 11 July 2019, the UK Government published legislation confirming its intention to introduce a digital services tax (DST). The key features of this DST are as follows: • 2% tax on revenues (not profit) generated from UK users &bu...




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The regulatory positions of OTT - a global view

Part 4 of 4 Compared to the rest of the world, OTT regulation is fairly advanced in Europe and subject to a completely different approach in Africa and Middle East. It seems that in this part of the world, OTT services are commonly banned to protect...




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Covid 19 – What next?

In light of the recent two-week extension of the lockdown, there is a lot of uncertainty regarding what may possibly transpire at the end of the lockdown period. There is also uncertainty regarding the extent of the Government’s powers, in res...




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Extended Lockdown period - ICT as essential service

On Thursday, 9 April 2020, President Cyril Ramaphosa announced the extension of the nationwide lockdown for an additional 2 weeks, until 30 April 2020. The Companies and Intellectual Property Commission (CIPC) advised that all companies providing es...




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Local Government Briefing Note 38 of 2012: Expert evidence in procurement claims - no general admission

Expert evidence in procurement claims – no general admission On 28 September 2012 the High Court rejected an application under...




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Local Government Briefing Note 39 of 2012: Registered Providers to face longer, more complicated and more expensive claims?

Registered Providers to face longer, more complicated and more expensive claims? The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LAPSO") LAPSO received Royal Assent on 1 May 2012 and will come into force on 1 April 2013. It will hav...




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Local Government Briefing Note 20 of 2013: Judicial Review: Proposals for further reform

On 1 July 2013, following its consultation Judicial Review: proposals for reform, the Government introduced significant changes to the judicial review process.  The stated aim was to balance the need to ensure lawful public administration with ...




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Planning Provisions in the Infrastructure Bill

From a planning perspective the Bill does not envisage major regime change, but rather concentrates on refinements to the nationally significant infrastructure projects (NSIP) system and includes a measure aimed at accelerating decisions at a local ...




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Successful judicial review challenge against Council’s home to school transport policy which was held to be indirectly discriminatory

In R (on the application of Diocese of Menevia and others) v Swansea City and County Council1 (“the Council”), the Administrative Court was required to consider whether a change in policy made by the Council in respect of school transpor...




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Retail Speed Brief: ICO issues fine for security breach involving failure to adhere to PCI-DSS

The security of personal information, including customer payment card data and related details, is integral to the functioning of retailers with an online offering, and there are serious consequences in the event of security breaches. Penalties...




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Eversheds advises Windmill in successful defence of Court of Appeal challenge to retail planning permission

R (on the application of Tesco Stores Limited) v Forest of Dean District Council and (1) JD Norman Lydney Limited (2) Asda Stores Limited (3) Windmill Limited (4) MMC Land & Regeneration Limited1 The Court of Appeal, upholding a decision of the ...




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Food / Retail Sector Update: European Commission President calls for review of supermarkets’ power

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...




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Food / Retail Sector Update: European Commission President calls for review of supermarkets’ power

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...




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When can sales via online platforms be restricted?

Selective Distribution – Some recent developments in the adidas case: when can sales via online platforms be restricted? On 18 November 2015, the Autorité de la concurrence (the “French Competition Authority” or “...




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E-commerce: Commission probes suspected competition infringements in consumer electronics, videogames and hotel sectors

The European Commission has launched three investigations into suspected breach of the competition rules by companies in the consumer electronics, videogames and hotel sectors.  The consumer electronics and videogames probes come out of the Com...




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E-commerce: can luxury brands prevent retailers selling via online marketplaces?

On 26 July 2017, the European Court of Justice (“ECJ”) published an opinion issued by Advocate General Nils Wahl (the “AG’s Opinion”) indicating that luxury brands may prevent retailers from selling via online marketpla...




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Coronavirus - Block Exemption for the Retail Property Sector – South Africa

The Covid-19 Block Exemption for the Retail Property Sector (the “Regulations”) were published on 24 March 2020 in response to the declaration of the National State of Disaster. The Regulations exempt certain agreements or practices with...




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Brexit: Aviation sector

The EU single aviation market is the ...




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Shipping: a wider scope for without prejudice privilege?

Introduction It is always important to establish whether or not communications with the opposing party in a dispute are truly without prejudice (“WP”). If a communication is deemed not to be protected by WP privilege, a party exposes the...




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Brexit: what might it mean for the aviation sector?

In our pre-referendum briefin...




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Rail regulation: ORR concludes its initial consultation on the 2018 Periodic Review of Network Rail

Background - The 2018 Periodic Review The Office of Rail and Road (“ORR”) has recently published its conclusions (the “Conclusions”) following its initial consultation in relation to the creation of the 2018 Periodic Review ...




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Contestability of the UK Railway Market – An update on the Hansford Review

What is the Hansford Review and what is its purpose? Professor Peter Hansford was commissioned by the Board of Network Rail to chair an independent review of “contestability” in the UK Rail Market, with the intent of “encouraging t...




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Update: Draft EU Implementing Regulation on access to service facilities and use of rail-related services

Executive Summary The European Commission has consulted on an implementing regulation which will provide additional detail for procedures and criteria to be followed by service facility operators in order to satisfy their obligations under Directive...




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Consultation on the passenger rail public service obligation levy

Background Following the recommendations of the Competition and Markets Authority (“CMA”), the Department for Transport (“DfT”) ran a consultation seeking views on the introduction of a “public service obligation levy&r...




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Rail Network Enhancements Pipeline Update (Autumn 2019) - Government provides update on rail enhancement projects seeking DfT funding

Background On 16 October 2019 the Department for Transport (“DfT”) issued its “Rail Network Enhancements Pipeline Update” for Autumn 2019 (the “Enhancements Pipeline Update”). A copy of the Enhancements Pipeline U...




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Coronavirus – Department of Transport Regulations – South Africa

A notice was published in the government gazette on 30 March 2020, in terms of which the minister of transport (the “Minister”) has, in terms of section 18(7) of the National Road Traffic Act (No. 93 of 1996), extended the licensing and ...




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CSC-EWC Visiting Scholars Program

China Scholarship Council–East-West Center Visiting Scholars Program at the East-West Center in Honolulu, Hawai'i

The East-West Center (EWC) welcomes scholars and analysts from China who wish to participate in the “China Scholarship Council – East-West Center Joint Program” to consider applying for placement as “CSC-EWC Visiting Scholars” at the EWC in Honolulu, Hawai'i. These placements are designed for scholars who wish to undertake research and writing on topics of relevance to contemporary US-Asia policy that will compliment the Research Program’s three broad thematic areas: governance, security and justice; environment, population and health; and innovation, economic integration and growth as well as higher education policy.




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Shining a light on what “necessity” means for GDPR & tightening up “contract” as a lawful processing ground in the context of “online services”

The European Data Protection Board (EDPB) has published a set of guidelines (in draft) for public consultation. These will be absolutely key to providers of online services, such as social media, e-commerce, internet search engines, communication an...




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Consultation on proposals to regulate consumer IoT device security

On 1 May 2019 the UK government, through the Department for Digital, Culture, Media & Sport, launched a consultation on its proposals to regulate the security of consumer Internet of Things (“IoT”) or “smart” devices, whi...




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ICO updates guidance on timescales for responding to individuals’ rights: Date of receipt is ‘day one’

What you need to know UK regulatory guidance has been updated to the effect that the timescale for responding to individuals’ requests (including subject access requests) is one calendar month from the day of receipt of the ...




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Have you read the draft EDPB guidelines for the use of video devices (eg CCTV)? Perhaps you should – if you use such video devices

Quick Read Many readers may have chosen to skip looking at the Guidelines that the EDPB published for consultation recently, if you are one of them, and you routinely use CCTV (or other similar devices) within your business – you may want to h...




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ICO updates guidance on ‘manifestly unfounded’ and ‘excessive’ in the context of responding to individuals’ rights

What you need to know UK regulatory guidance has been updated to explain what ‘manifestly unfounded’ and ‘excessive’ means in relation to the individual rights of data subjects under GDPR. This includes but is not limited to ...




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A review of the Online Harms White Paper

In response to the surge of harmful and illegal content being spread online, the Government currently deliberates legislation for 2020 to establish a regulatory framework that will attempt to make the UK “the safest place in the world to be on...




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Speed read: Useful November 2019 guidelines on controller, processor and joint controllership concepts from the European Data Protection Supervisor

Summary On 7 November 2019 the EDPS issued guidance on how to determine who is a controller, processor and joint controller. The EDPS is an independent supervisory authority whose primary objective is to ensure EU institutions and bodies respect the...




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Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II

What do I need to know? On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Full Article