ir Could shareholders inadvertently cancel their Shareholders Agreement? By www.eversheds.com Published On :: 2019-08-02 Following the judgment in De Freitas v Chamdor Meat Packers [2015] JOL 33940 (GJ), when a company proposes to its shareholders the adoption of a new Memorandum of Incorporation, the shareholders should carefully consider the provisions of the new Me... Full Article
ir New ESG requirements for Hong Kong listed issuers By www.eversheds.com Published On :: 2020-02-17 Companies nowadays are placing a greater emphasis on environmental, social and governance (“ESG”) matters as they recognise what the impact of these may have on their businesses. Coupled with the increased demands from investors on discl... Full Article
ir Coronavirus - Update for UK companies - UK By www.eversheds.com Published On :: 2020-03-17 Year end reporting and filing accounts Year end reporting and audit As a reminder, the Financial Reporting Council (FRC) published advice to all companies and auditors in February on COVID-19 related risk disclosures in year-... Full Article
ir Coronavirus - Impact on AGMs and other matters for traded companies UK By www.eversheds.com Published On :: 2020-03-19 For listed and traded UK companies with a 31 December year end, the COVID-19 pandemic and the potential for further tightening of restrictions on gatherings and travel in the UK raise particular issues as they enter into reporting and AGM seas... Full Article
ir Eversheds Sutherland advises on Baird Capitals investment in Aura Futures By www.eversheds.com Published On :: 2020-03-19 Eversheds Sutherland has advised Baird Capital, the direct investment arm of Baird, on its investment in Aura Futures (Aura), a leading provider of workspace technology solutions to mid to large-size enterprises operating in over 60 countries... Full Article
ir Coronavirus Authorities respond to reporting difficulties - UK By www.eversheds.com Published On :: 2020-03-30 Companies are facing difficult times with reporting, audits and meetings in view of the COVID-19 outbreak. In this update we take a look at the measures that have been announced this week to assist companies. Whilst we are seeing some creative... Full Article
ir Coronavirus - Overview of the impacts of the lockdown in Mauritius Part II - Employment law considerations By www.eversheds.com Published On :: 2020-03-31 Employment law considerations Whilst considering the health and safety recommendations implemented by the Government, the Occupational Safety and Health Act 2005 (OSHA), also establishes legal principles guiding employers and employees in dealing wi... Full Article
ir Coronavirus - Bridging the gap on purchase price - Germany By www.eversheds.com Published On :: 2020-03-31 What sellers and buyers can do to agree on a purchase price Due to the economic turmoil that has been caused due to Covid-19 Sellers and Buyers are trying to find common grounds for the valuation of target companies ("Target"). Many Sellers are sti... Full Article
ir Coronavirus Shareholders and board meetings Belgium By www.eversheds.com Published On :: 2020-04-02 Decisions of the management body The Belgian Companies and Associations Code (hereafter CAC) allows for the management body to take all decisions by way of unanimous written consent of all directors except when the articles of association exclude ... Full Article
ir Coronavirus - Impact on working capital and fundraising options - UK By www.eversheds.com Published On :: 2020-04-02 Background The ongoing coronavirus pandemic is a public health crisis which has quickly developed into a deep economic crisis. Many businesses, particularly those in the retail, leisure and hospitality sectors, are facing a complete and indefinite c... Full Article
ir Coronavirus Impact on AGMs Hong Kong By www.eversheds.com Published On :: 2020-04-08 Discover how coronavirus is impacting AGMs for Hong Kong listed companies with this COVID-19 briefing from global law firm Eversheds Sutherland With the recent surge in the number of coronavirus disease 2019 cases in Hong Kong, this has prese... Full Article
ir Coronavirus - FCA announces additional measures to aid listed companies with fundraisings - UK By www.eversheds.com Published On :: 2020-04-09 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... Full Article
ir Coronavirus New measures affecting business Russia By www.eversheds.com Published On :: 2020-04-14 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... Full Article
ir Coronavirus Fiducie Facilitating the obtaining of secured financing and the disposal of distressed assets France By www.eversheds.com Published On :: 2020-04-15 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 ... Full Article
ir Coronavirus Shareholders and board meetings Belgium By www.eversheds.com Published On :: 2020-04-16 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... Full Article
ir Coronavirus - General meetings in lockdown Switzerland By www.eversheds.com Published On :: 2020-04-27 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... Full Article
ir Coronavirus - The certainty of change: M&A in a pandemic - Global By www.eversheds.com Published On :: 2020-04-28 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... Full Article
ir Coronavirus - Bridging valuation gaps with earn-outs and put/call options - Global By www.eversheds.com Published On :: 2020-04-29 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... Full Article
ir Coronavirus - Special corporate governance rules - Hungary By www.eversheds.com Published On :: 2020-04-30 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 ... Full Article
ir Coronavirus - Guidance issued to Remuneration Committees - UK By www.eversheds.com Published On :: 2020-04-30 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
ir Coronavirus Podcast: DAC6 implications on corporate reorganisations - Global By www.eversheds.com Published On :: 2020-05-05 ... Full Article
ir Coronavirus - Podcast series: M&A and COVID-19 - Global By www.eversheds.com Published On :: 2020-05-07 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 ... Full Article
ir Local Government Briefing Note 40 of 2012: Fair Deal: the latest developments By www.eversheds.com Published On :: 2012-12-18 Fair Deal: the latest developments On 19 November 2012 HM Treasury published its response to the March 2011 consultation on the future of the Fair Deal for Staff Pensions guidance. The Fair Deal review is part of the Government’s broader revi... Full Article
ir Successful judicial review challenge against Councils home to school transport policy which was held to be indirectly discriminatory By www.eversheds.com Published On :: 2015-08-11 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... Full Article
ir The proposal for an EC Directive on the protection of trade secrets A state of play By www.eversheds.com Published On :: 2015-05-29 The protection of trade secrets has been on the European legislator’s agenda since 2011. It was felt that the lack of harmonisation in this field is very disadvantageous for cross-border innovation in Europe. After the initial report requested... Full Article
ir E-Commerce Sector Inquiry E-Briefing By www.eversheds.com Published On :: 2015-06-04 Introduction On 6 May the European Commission (the Commission) announced the launch of a competition law inquiry into the e-commerce sector, where it is believed that companies who engage in selling via the internet may be employing methods... Full Article
ir Commission probes online restrictions on retailers - e-commerce sector inquiry update By www.eversheds.com Published On :: 2015-07-14 It has been reported that the European Commission (the “Commission”) is asking retailers to detail the difficulties they face while trying to sell their products online, as part of the lengthy questionnaires sent to the retailers followi... Full Article
ir UK Launches Online Platforms Inquiry By www.eversheds.com Published On :: 2015-09-24 On 17 September 2015, the House of Lords EU Internal Market Sub-Committee (the Committee) launched an inquiry into the regulation of online platforms in the EU. The Committee intends to gather evidence on the benefits and problems online platforms... Full Article
ir The Treasury report on crypto-assets: the first step towards crypto regulation? By www.eversheds.com Published On :: 2018-09-19 The UK's Treasury Select Committee released a report into crypto-assets on 19 September. The Committee’s key conclusion is that regulation of crypto-assets is necessary. Striking a negative tone, it identifies the problems of volatile pr... Full Article
ir Coronavirus - Block Exemption for the Retail Property Sector South Africa By www.eversheds.com Published On :: 2020-04-03 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... Full Article
ir Airlines Face Turbulence Over Compensation Payments Following Supreme Court Decision By www.eversheds.com Published On :: 2018-04-03 Intro / Summary The Supreme Court has refused to grant Emirates permission to appeal the Court of Appeal’s decision in the joint case of Gahan v Emirates and Buckley and ors v Emirates meaning the Court of Appeal’s decision to award comp... Full Article
ir Do your drivers still need to maintain their CPC, post- Brexit? By www.eversheds.com Published On :: 2019-09-18 ... Full Article
ir Coronavirus Department of Transport Regulations South Africa By www.eversheds.com Published On :: 2020-04-01 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 ... Full Article
ir Irish Data Protection Commissioner (DPC) issues guidance on CCTV for controllers By www.eversheds.com Published On :: 2019-07-08 The DPC has published useful guidance on CCTV usage for controllers. The guidance is intended to assist owners and occupiers of premises to understand their responsibilities and obligations regarding data protection when using CCTV. This is particul... Full Article
ir A transparent process: Irish DPC issues new guidance on data sharing in the public sector By www.eversheds.com Published On :: 2019-10-10 The Data Protection Commission (“DPC”) issued guidance on data sharing in the public sector. The DPC noted its support for developing more efficient and customer-centric public services and sought to clarify the public sector obligations... Full Article
ir New regulations permit the Central Bank of Ireland to limit the rights of data subjects under the GDPR By www.eversheds.com Published On :: 2020-01-15 Precis: In this briefing, we look at the new regulations permitting the Central Bank of Ireland to limit the rights of individuals under the GDPR. On 30 October 2019 the Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations ... Full Article
ir Coronavirus - The use of Personal Data in connection with Covid-19 Hong Kong By www.eversheds.com Published On :: 2020-03-18 As a general rule of data privacy protection in Hong Kong, personal data should be used only for the original purpose for which the data was collected, or a directly related purpose. One exception is where the data user obtains the consent from the ... Full Article
ir Coronavirus Data Protection considerations for alternative communication platforms Global By www.eversheds.com Published On :: 2020-03-25 How does the communication within a team take place in the home office? Due to the increasing intensity of preventive measures against the spread of corona, more and more companies are closing down their locations and, where possible, relocating bus... Full Article
ir Coronavirus - Protecting your company and brand - Global By www.eversheds.com Published On :: 2020-04-14 ... Full Article
ir Coronavirus - Returning to the office: back to normal? - UK By www.eversheds.com Published On :: 2020-05-04 This week, the Government intends to set out its “road map” to “unlock the economy” and get people back to work. Therefore, in the not too distant future (hopefully sooner rather than later for the majority), businesses will ... Full Article
ir FCA imposes fines in first competition enforcement case By www.eversheds.com Published On :: 2019-02-21 Competition partner Julia Woodward-Carlton, who acted for one of the main parties on this case, considers the decision and potential implications of the case in this article. The Financial Conduct Authority (‘FCA’) has today issued ... Full Article
ir First fine imposed for obstructing CMA inspection By www.eversheds.com Published On :: 2019-03-28 On 20 March 2019 the Competition and Markets Authority (‘CMA’) imposed a fine of £25,000 on the guitar supplier Fender Musical Instruments Europe Limited (‘Fender Europe’) for failure to comply with a ... Full Article
ir Highest EU court confirms pay for delay settlement agreements may be abusive and restrict competition by object or effect By www.eversheds.com Published On :: 2020-02-05 On 30 January 2020, the Court of Justice of the EU (“CJEU”) confirmed that an agreement in settlement of a patent dispute in the pharmaceutical sector may constitute a restriction of competition by object or effect, as well as an abuse o... Full Article
ir Coronavirus - Impact on International Trade & overview of unilateral protectionist measures By www.eversheds.com Published On :: 2020-03-06 Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi... Full Article
ir Coronavirus - Impact on International Trade & overview of unilateral protectionist measures By www.eversheds.com Published On :: 2020-03-06 Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi... Full Article
ir Coronavirus EU Border Closure impact on International Trade - Global By www.eversheds.com Published On :: 2020-03-20 Border Closure Update In an attempt to stem the virus outbreak in Europe, a number of European Union (EU) and Schengen zone Member States exercised their right to temporarily re-introduced border controls between themselves and other Member States. ... Full Article
ir Coronavirus Podcast series: Competition and Coronavirus - Global By www.eversheds.com Published On :: 2020-04-29 Join us in a series of podcasts, where we address the key issues impacting the global Competition landscape as a result of the coronavirus pandemic. Episode 1: Competition and Cooperation during Covid-19 This podcast is a panel style discussion mode... Full Article
ir Coronavirus - Consumer cancellation and refund guidelines - UK By www.eversheds.com Published On :: 2020-05-06 On 30 April 2020, the Competition and Markets Authority (“CMA”) released a statement on consumer protection law in relation to cancellations and refund complaints. The coronavirus outbreak has seen a significant increase in consum... Full Article
ir Coronavirus - Communication on relaxation of competition law - Italy By www.eversheds.com Published On :: 2020-05-07 Introduction The coronavirus has forced antitrust authorities both at EU and national level to adopt an exceptional approach on competition rules. At an EU level, on 8 April the European Commission approved specific guidance to guide companies in t... Full Article
ir Regulating firms culture - The increasing focus by financial regulators internationally on supervising firms culture By www.eversheds.com Published On :: 2017-05-18 Introduction Financial services firms’ corporate governance and risk cultures is a ‘hot’ topic with financial regulators globally. Regulators have noted that serious corporate governance and conduct failings of financial services f... Full Article
