- Takeover Panel consultation on the application of the Takeover Codeon April 26, 2024 at 12:00 am
Background The current application of the Code UK registered and securities admitted to trading on a UK regulated market, a UK MTF or any stock exchange in CI/IoM exchange UK registered […]
- Caps on employer liability: letters of intent and CLS v WJGEon April 26, 2024 at 12:00 am
Letters of intent are commonly used in the construction industry typically when negotiations for a building contract are underway but the parties are keen to start work before the contract is […]
- SEC Risk Alert on Compliance with the Marketing Rule- Examination Observationson April 26, 2024 at 12:00 am
On April 17, 2024, the Division of Examinations (the “Division”) of the Securities and Exchange Commission (the “SEC”) published a Risk Alert entitled: “Initial Observations Regarding […]
- FinCEN updates CTA FAQs for the first time in three monthson April 25, 2024 at 12:00 am
On April 18, 2024, the Financial Crimes Enforcement Network (FinCEN) published an updated set of Frequently Asked Questions (FAQs) pertaining to the Beneficial Ownership Information (BOI) Reporting […]
- FTC bans employee noncompeteson April 24, 2024 at 12:00 am
On April 23, 2024, the Federal Trade Commission issued a final rule that would ban all non-compete clauses (“noncompetes”) with employees in the United States going forward. The rule, which would […]
- New DOJ Pilot Program Incentivizes Individuals to Report Criminal Conducton April 23, 2024 at 12:00 am
Companies beware! The U.S. Department of Justice (DOJ) announced a pilot program “designed to encourage voluntary self-disclosure by individual participants in certain types of criminal conduct […]
- Regulators Impose Extraordinary Fine Amounts in Recent Off-Channel Communications Enforcement…on April 23, 2024 at 12:00 am
The Securities and Exchange Commission (“SEC”) and the Financial Industry Regulatory Authority (“FINRA”) have, in two separate recent settled enforcement actions involving off-channel […]
- Compound Error: Bank Mishandles Customer Accounts and Then Makes it Worseby Peter D. Hutcheon on April 22, 2024 at 8:00 am
WHISTLEBLOWER INCENTIVES AND PROTECTIONS: The Great Recession of 2007-2009 shook America’s, and the world’s, capital markets. In response to the economic turmoil, the U.S. Congress enacted the […]
- The French law on the regulation of games including NFT is passed: Place your betson April 22, 2024 at 12:00 am
We have been talking about it since last year: the bill to secure and regulate the digital space (“SREN”) has now been passed. The legislative process leading up to the enactment of the SREN bill has […]
- SEC enforcement sweep regarding hypothetical performance – round 2on April 18, 2024 at 12:00 am
On April 12, 2024, the U.S. Securities and Exchange Commission (the “SEC”) announced settled charges against five registered investment advisers for violations of Rule 206(4)-1 (the “Marketing […]
- AI Developers – make sure you are compliant with the GDPR!on April 18, 2024 at 12:00 am
Overview The CNIL’s newly released recommendations for AI system developers set out the regulator’s expectations for the entire development process of an AI system, from design to database […]
- Fair Representation: SEC Approves Revised FINRA Dispute Resolution Rulesby Peter D. Hutcheon on April 15, 2024 at 9:00 am
A Brief History of Arbitration Arbitration has been used as a process for resolving disputes between persons and countries for thousands of years. References to arbitration proceedings appear in […]
- To retrofit or rebuild – is planning policy a help or hinderance?on April 15, 2024 at 12:00 am
Retrofitting and reuse of existing buildings, as opposed to their demolition and rebuild, is a more environmentally sustainable approach to development in most (but not all) cases, in terms of lower […]
- Lining up Completion Obligations and Delay Damages in Project Documentson April 10, 2024 at 12:00 am
A version of this article was first published on 8 April 2024 in PLC Construction under the title: The importance of consistent drafting (a solar energy case). This article contains some links which […]
- The right-sizing of commercial leases in Hong Kong SAR and Mainland Chinaon April 10, 2024 at 12:00 am
Background In Hong Kong SAR and in Mainland China, we have observed an increase in the relative bargaining power of office tenants to negotiate their leases. A variety of factors, including a […]
- Issuance of Reverse Yankee Bonds remains activeon April 9, 2024 at 12:00 am
Potential Benefits to US Issuers from the Issuance of Reverse Yankee Bonds US issuers may elect to issue Reverse Yankee bonds for a number of reasons. Of significant importance is likely to be […]
- Fraud Around the Block: SEC Sanctions Morgan Stanley and Former Managing Directorby Peter D. Hutcheon on April 8, 2024 at 8:00 am
At the outset of this blog it is important to have some understanding of the economic consequences of particular transactions. At least since the seminal work of the great Scottish Professor of Moral […]
- New York May Lead the Pack Through Imposition of Data Excise Taxeson April 8, 2024 at 12:00 am
New York may lead the charge on implementation of data excise taxes (i.e., “data mining taxes”) which will impose taxes on businesses that collect personal data. These data excise taxes […]
- Q1 2024 UK Oil and Gas Sector Updateon April 3, 2024 at 12:00 am
Change in Control of Oil and Gas Licensees The Energy Act 2023 (the “Act”) (in force as from 26 October 2023) amends[2]model clauses contained in exploration and production licences[3]to […]
- UK Corporate Briefing April 2024on April 2, 2024 at 12:00 am
FTSE Russell Comments on UK Listing Rule Reform On 15 March 2024, FTSE Russell provided insight on its provisional changes to the FTSE UK Index Series Ground Rules in light of the proposed changes to […]
- What Constitutes a “Financial Institution” for Purposes of the Corporate Transparency Act?by Andrew J. Kimball on April 1, 2024 at 5:59 pm
The Corporate Transparency Act (“CTA”) took effect on Jan. 1, 2024. The CTA requires businesses organized or qualified to do business in the U.S. to report beneficial ownership information […]
- SEC Narrows Internet Adviser Registration Ruleon March 29, 2024 at 12:00 am
On March 27, 2024, the U.S. Securities and Exchange Commission (the “SEC”) adopted amendments to narrow its rule permitting certain internet investment advisers to register with the SEC (the […]
- Operational Real Estateon March 28, 2024 at 12:00 am
A distinct asset class? Operational real estate is often spoken about as if it is a distinct real estate type or as if the term is only applicable to certain more operationally intensive real estate […]
- UK HR Two-Minute Monthly: March 2024on March 27, 2024 at 12:00 am
Can an actor be dismissed for strict and publicly held religious beliefs The claimant is an actor and a committed Christian. Her religious beliefs had in the past led her to refuse to play certain […]
- Unpacking The Law Commission’s Digital Assets Consultationon March 27, 2024 at 12:00 am
On Feb. 22, the U.K. Law Commission launched a consultation on the Property (Digital Assets etc) Act 2024, a draft legislation that confirms the existence of a third category of personal property. […]
- Foreign Direct Investment: key recent and future developments in Europe and the USon March 26, 2024 at 12:00 am
Strengthening inbound investment screening In response to growing national security concerns, many jurisdictions are sharpening their screening regimes – primarily through capturing more types of […]
- State specific requirements for wind and solar project land contractson March 26, 2024 at 12:00 am
In the U.S., wind and solar project development continues to increase. In fact, the Energy Information Administration (EIA) anticipates that wind and solar energy will continue to exceed electrical […]
- Climate Change Due Diligence for Real Estate Acquisitionson March 26, 2024 at 12:00 am
By 2050 rising sea levels will exacerbate episodic storm surges and inundate an estimated 87,000 square kilometers (21.5 million acres) of coastal areas worldwide, exposing $1.7 trillion of real […]
- Digital Speaks – Don’t Gamble on Your Consumer T&Cson March 26, 2024 at 12:00 am
Online terms and conditions have long been a challenge for businesses. How can you simultaneously ensure a consumer is made aware of the key terms of an online contract (so they are incorporated into […]
- The Price Is “Wrong”: SEC Sanctions Pharma Company for Faulty Rebatesby Peter D. Hutcheon on March 25, 2024 at 1:27 pm
Multiple sclerosis (“MS”) is a long lasting, chronic, and truly terrible disease of the central nervous system. MS will cause ever-increasing disability and, in some cases, can lead to death. It […]
- Briefcase 2024 quarter 1: key real estate cases and updateson March 25, 2024 at 12:00 am
Blackhorse Investments (Borough) Ltd v Southwark London Borough Council Upper Tribunal considers whether common long leasehold covenants can be modified The Upper Tribunal found that an alienation […]
- The UK hydrogen policy – infrastructure and industry concernson March 25, 2024 at 12:00 am
Whilst the UK’s hydrogen policy was established by the Ten Point Plan in November 2020, the 2021 Hydrogen Strategy was intended to stimulate the next steps for hydrogen energy development and […]
- European distressed real estate – how will it play out this time?on March 22, 2024 at 12:00 am
BCLP’s Pan-European Real Estate team hosted a round-table event on 27 February 2024 with several Managing Directors at Alvarez & Marsal to discuss the European commercial real estate market, […]
- CFTC’s Annual Enforcement Results: Another Blockbuster Yearon March 21, 2024 at 12:00 am
Digital Assets The enforcement results demonstrate that the CFTC continues to focus on cryptocurrency, with 47 of the 96 enforcement actions filed in FY 2023 – nearly 50% – involving digital […]
- The Evolving Real Estate and Construction Disputes Landscapeon March 21, 2024 at 12:00 am
Strategies for resolving disputes among the different parties to development projects Parties to development projects want to develop long-term commercial and business relationships. This greatly […]
- BSA 2022: recommended changes to construction contractson March 21, 2024 at 12:00 am
This article contains links which are only accessible by PLC subscribers. UK construction standard form contracts tend to be robust enough to deal with most external events without requiring […]
- The Corporate Transparency Act: What is Self-Authentication Regarding Beneficial Ownership…by Andrew J. Kimball on March 18, 2024 at 11:41 am
On Jan. 1, 2024, the Corporate Transparency Act (the “CTA”) went into effect, requiring certain businesses organized or qualified to do business in the U.S. to report beneficial ownership […]
- NEC ECC Hong Kong Edition: 5 Key Featureson March 18, 2024 at 12:00 am
The Hong Kong Edition of the New Engineering Contract (“NEC”) was published in July 2023 in a joint undertaking with the Development Bureau (“DEVB”) of the HKSAR Government […]
- SEC Adopts Expanded Exchange Act Dealer Rules: What Do the New SEC Rules Mean for DeFi?on March 18, 2024 at 12:00 am
In March of 2022, the SEC proposed rules to include “any market participant that engages in activities as describe in the rules [as] a ‘dealer’ or ‘government securities dealer[.]’”[1]On […]
- Reforms to NSIP application process coming forward this springon March 14, 2024 at 12:00 am
Reforming parts of the DCO process has been a government objective since 2020 to ensure the process works effectively to deliver the country’s future infrastructure needs. This spring (2024) will […]
- GBA Standard Contract to Promote Cross-Border Data Flowon March 13, 2024 at 12:00 am
Background On 13 December 2023, the Innovation, Technology and Industry Bureau (ITIB) and the Cyberspace Administration of China (CAC) issued the “Standard Contract for the Cross-boundary Flow of […]
- Caught in the crosshairson March 12, 2024 at 12:00 am
- Important planning changes set out in new consultationon March 12, 2024 at 12:00 am
Three new proposed measures Three new proposed measures to speed up planning decisions are included in the consultation comprising: An ‘Accelerated Planning Service’ providing decisions in 10 […]
- Laying Down the Law: SEC Sanctions UK Broker/Dealer and Four U.S. Representativesby Peter D. Hutcheon on March 11, 2024 at 11:38 am
One of the enduring areas of difficulty and dispute in the securities industry is determining the scope of responsibility owed to an investor by the securities market intermediaries. There are at […]
- What is FemTech and how can it meet the privacy needs of its users?on March 8, 2024 at 12:00 am
What is FemTech? Relatively speaking, female biology is complicated. So much so, that female subjects (of all species) tended to be excluded from pharmaceutical clinical trials until the early 1990s […]
- Changes to The Register of Overseas Entities Regime – the impact of the Economic Crime and…on March 8, 2024 at 12:00 am
Background By way of reminder, the Register of Overseas Entities (ROE) is a register of beneficial owners of overseas entities that own qualifying estates – in England & Wales, that is […]
- Offshore Wind Projects: Contracts, risks and looking forwardon March 7, 2024 at 12:00 am
2023 proved a challenging year for offshore wind projects. Stubbornly high project costs up and down the supply chain, high interest rates, an unstable geo-political environment (with wars in Ukraine […]
- Recent changes to the special administration regime for water companieson March 7, 2024 at 12:00 am
The most notable changes to the WISAR are as follows: Rescue purpose Where a company enters special administration on the grounds that it is, or is likely to be, unable to pay its debts (i.e. on […]
- Fair payment practices: recent developmentson March 6, 2024 at 12:00 am
Payment is one of the most important issues in a construction contract, and yet for several reasons late payment and long payment terms remain a key problem in construction and engineering projects. […]
- Spring Budget 2024on March 6, 2024 at 12:00 am
SDLT – MDR abolished MDR was introduced in 2011 to promote investment in residential property and increase private rental sector housing supply, by reducing the SDLT cost of portfolio purchases. […]