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Latest documents

• AIFMD II – A Summary of the Key Changes

  10 years after the Alternative Investment Fund Managers Directive (AIFMD) entered into force, the Council of the European Union (EU) has published the final text of the political agreement reached in relation to the changes to the AIFMD. This follows an announcement on July 20, 2023 that the Council of the EU and the EU Parliament had reached agreement on the targeted amendments to the AIFMD.

• Double-Dip Financings: The Next Wave in European Liability Management?

  A “double-dip” structure is considered a way to allow some creditors to have multiple claims against key obligors arising out of the same underlying transactions. These additional claims could improve their position relative to other creditors in a bankruptcy or liquidation.

• EU Emergency Response Update – Key Policy & Regulatory Developments No. 108

  This regular alert covers key regulatory developments related to EU emergency responses, including in particular, to COVID-19, Russia’s war of aggression against Ukraine, and cyber threats. It does not purport to provide an exhaustive overview of developments.

• 10 Things You Should Know About the EU Artificial Intelligence Act

  The Artificial Intelligence Act (AI Act) is the first comprehensive legislation that intends to regulate AI horizontally across all sectors in Europe. It will have far reaching consequences on all companies developing, implementing, or using AI solutions in the EU and beyond. These FAQs provide key information you should know before the AI Act is adopted, and some tips on what you can already be doing to prepare.

• The European Green Bond Standard - The New Green Bond “Gold Standard”?

  The European Green Bond Standard seeks to be the “gold standard” for green bonds and reinforce the EU’s position as the leading market for sustainable finance. With the adoption of the EU green bond standard (the EU GBS), the European Commission (the Commission) takes another important step towards implementing its Sustainable Finance Action Plan to support the growth of sustainable finance and direct capital towards sustainable growth. The EU GBS has been much anticipated, having been announced in concept by the Commission on January 14, 2020 as part of the “European Green Deal Investment Plan”, and then first proposed3 in substance on July 6, 2021, setting out requirements for environmentally sustainable bonds marketed in the European Union as “European green bonds” (EuGB). The EU GBS establishes a new voluntary regime for green bonds that seeks to cement the EU’s position as the leading market for sustainable finance, combat greenwashing risks associated with sustainable finance products, and provide greater investor protections through regulating the use of the EuGB label. Please see full Alert below for more information.

• Littler 2023 European Employer Survey Report - November 2023

  EXECUTIVE SUMMARY - After years of disruptions from the pandemic, artificial intelligence, shifting regulations and changing employee preferences, are European workplaces finally reaching a consensus on the “new normal”? Please see full Publication below for more information.

• Regulatory monitoring: EU version - October 2023

  The EBA has published the European Supervisory Examination Programme (ESEP) for 2024, which identifies key topics for heightened supervisory attention across the EU. The EBA selected three key topics for supervisory attention for 2024 on the basis of its EU-wide risk analysis, its relevant policy work and the practical experience of competent authorities: liquidity and funding risk, interest rate risk and hedging, and recovery operationalisation. Please see full Newsletter below for more information.

• Fact Sheet on the EU Foreign Subsidies Regulation

  The EU’s Foreign Subsidies Regulation (FSR) gives the European Commission (EC) broad powers to control subsidies from non-EU countries, complementing the EU’s longstanding state aid regime that deals with subsidies from EU Member States. Please see full Facts Sheet below for more information.

• EU Emergency Response Update – Key Policy & Regulatory Developments No. 107

  This regular alert covers key regulatory developments related to EU emergency responses, including in particular, to COVID-19, Russia’s war of aggression against Ukraine, and cyber threats. It does not purport to provide an exhaustive overview of developments. Please see Publication below for more information.

• Conversion into law of the Justice Decree

  What is new in the field of crimes pursuant to Legislative Decree 231, disturbed freedom of enchantment, environmental crimes and the practical implications for the Organisational Models of entities - On 9 October 2023, the law converting Decree-Law No. 105 of 10 August 2023 (the Law), which – inter alia – introduces significant changes in criminal matters, and Legislative Decree No. 231 of 8 June 2001 (Decree 231) was published in the Official Gazette. Please see full Article below for more information.

Featured documents

• DechertOnPoint: Product Intervention

  The Financial Services Authority (the “FSA”) published in late January this year a discussion paper (DP11/1) which contained a Foreword — unusually written by its Chairman Lord Adair Taylor —considering how the FSA (and its proposed successor body) will pursue its consumer protection objective and...

• European Commission Finds “Pay For Delay” Deals On The Decline In Europe But Pharma Sector Antitrust Scrutiny Continues

  On July 6, 2011 the European Commission (Commission) published the results of its second monitoring exercise of patent settlements in the pharmaceutical sector (Second Monitoring Report). The Commission notes “with satisfaction” that there is a continued decline in the number of patent...

• EU Updates Burma/Myanmar Sanctions

  To keep the EU’s existing sanctions measures against Burma/Myanmar up to date, the European Commission has published updated designated parties lists in Commission Implementing Regulation 891/2011.1 These updated lists – specifying enterprises in Burma/Myanmar in certain industry sectors to which...

• Preserving The Stockholder Franchise: Johnston V. Pedersen (Del. Ch. Sept 23, 2011)

  In This Issue - Preserving the Stockholder Franchise: Johnston v. Pedersen (Del. Ch. Sept 23, 2011) - Recent Compensation Trends in Mergers and Acquisitions and Section 409A - Recent Reforms and Trends in the French Public M&A Market - Delaware Supreme Court Rules on Sale of “Sub...

• Global Tax Report - December 2011

  In This Issue: Czech Republic — Investing in the Czech Republic; France — Inbound Investments Made by Non-Resident Investors; Germany — European Court of Justice: German WHT on Dividends Paid to EU/EEA Minority; Shareholders Violates Free Movement of Capital; Hungary — Brief Update on the...

• EU Environment Report - March 2012

  In this issue: - Chemicals *Member states to evaluate chemicals published in first list of substances under REACH Regulation *EU restricts the use of phosphates and other phosphorus compounds in detergents *ECHA publishes summary of consumer products containing Substances of...

• The Euro Crisis: Impacts on Cross-border Contracts

  The eventual departure of one or more countries from the Eurozone, and reversion to national currency(ies) is no longer unlikely. It may still be too early to evaluate with any certainty the specific legal impacts of any such departure from the European Monetary Union on contracts entered into...

• “But what is it, Doc?” – Health Care Professionals under Professionals under Regulation 1924/2006

  Changes in the epidemiological profile in Western countries during the last three decades have shown an increasing trend in the development of non-transmissible chronic diseases in the adult population. Nutrition-related lifestyles have been identified as one of the main risk factors for the onset...

• News from Abroad: EPO Codifies CJEU's Decision on Human Embryonic Stem Cells

  On 8 October 2011, the Court of Justice of the European Union's (CJEU) handed down a landmark judgment on the correct interpretation of Article 6(2)(c) of the Biotechnology Directive (98/44/EC) relating to the patentability of human embryonic stem cells....

• Proposed Remedies in the Midst of the Patent Wars: EU and US Antitrust Watchdogs Push to Strengthen FRAND in Standard Setting

  Chief Economists from the US Federal Trade Commission, the US Department of Justice and the EU Directorate General for Competition, have agreed on a set of four, non-binding suggestions that should—if followed by standard-setting organisations—increase the level of protection afforded to consumers...