JD Supra European Union
- Publisher:
- JD Supra
- Publication date:
- 2019-04-29
Publisher
- JD Supra (9471)
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Latest documents
- Global business in a changing Europe - 2024
With Parliamentary elections and a series of national votes in 2024, the EU is entering a pivotal period in its history. In this study, ‘Global business in a changing Europe’, we speak to corporate leaders across the world to explore the bloc’s key risks and opportunities, their views on the EU’s regulatory structures – and how they are navigating this increasingly complex environment.
- Key forthcoming EU legislation on Cybersecurity, Artificial Intelligence, Data and Digital Markets
NETWORK AND INFORMATION SECURITY 2 DIRECTIVE (NIS2) - WHO WILL BE IN SCOPE? Operators of essential and important services across various sectors including energy, transport, banking, health, medical devices, chemicals and digital. In-scope entities in the digital sector include infrastructure providers (including cloud computing) as well as other digital providers such as online marketplaces, search engines and social networks.
- AIFMD Refresher: Deal Notifications & Anti-Asset Stripping Rules
The AIFMD contains numerous ongoing obligations that apply to sponsors and funds long after fundraising has completed. As part of our AIFMD refresher series, this article summarises one of the key AIFMD ongoing requirements that both EU and non-EU alternative investment fund managers must comply with for each fund marketed in the European Union and the United Kingdom. As most sponsors are aware, the AIFMD includes ongoing compliance requirements, including reporting to regulators and investors, post-deal notifications to EU and UK regulators and ESG investor reporting – this article focusses on the portfolio company and anti-asset stripping rules under Article 26-30 of the AIFMD.
- AIFMD Refresher: The AIFMD Compliant Annual Report
The AIFMD contains numerous ongoing obligations that apply to sponsors and funds long after fundraising has completed. As part of our AIFMD refresher series, this article summarizes one of the key AIFMD ongoing requirements that both EU and non-EU alternative investment fund managers must comply with for each fund marketed in the European Union and the United Kingdom. As most sponsors are aware, the AIFMD includes ongoing compliance requirements, including reporting to regulators and investors, post-deal notifications to EU and UK regulators and ESG investor reporting – this article focusses on the AIFMD-compliant annual report under Article 22 of the AIFMD.
- Deal Flow 4.0: 5 Things We Learned About European Tech Deal Terms in 2023
Venture capital investment in European startups reached over $60B last year, higher than pre-pandemic levels but lower than the highs of 2021 and 2022. To see how this changed deal terms, Orrick used in-house technologies, systems and processes to undertake a deep and unparalleled analysis of the deal terms of over 350 venture capital and growth equity investments our clients completed in Europe last year.
- Market Definition Under the New Notice - What Companies Need to Know
The European Commission (EC) has revamped the 1997 Commission Notice on the definition of the relevant market for the purposes of Community competition law (the 1997 Notice), and published a new Notice (Notice) on 8 February 2024.
- Regulatory monitoring: EU version Newsletter - February 2024
1. Bank regulation - 1.1 Prudential regulation - (a) General - (i) EU - ECB: Memorandum of Cooperation between ECB and CAs on third-country bank supervision - Status: Final - The ECB has published a Memorandum of Cooperation (MoC) between the ECB and competent authorities (CAs) in relation to the supervision of third-country banking groups and branches. The MoC’s aims include to: (i) ensure cooperation by the authorities with the aim that all activities of third-country groups in the EU are subject to comprehensive supervision. It seeks to strengthen the supervisory framework established by the CRD and the CRR that applies to third-country groups in the Union, prevent the circumvention of its requirements and prevent any detrimental impact on the financial stability of the EU;..
- AIFMD Refresher: Regulatory Reporting under Article 24
The AIFMD contains numerous ongoing obligations that apply to sponsors and funds long after fundraising has completed. As part of our AIFMD refresher series, this article summarizes one of the key AIFMD ongoing requirements that both EU and non-EU alternative investment fund managers must comply with for each fund marketed in the European Union and the United Kingdom. As most sponsors are aware, the AIFMD includes ongoing compliance requirements, including ongoing reporting to regulators and investors, post-deal notifications to EU and UK regulators, and ongoing ESG reporting – this article focuses on regulatory reporting under Article 24 of the AIFMD.
- EU Emergency Response Update – Key Policy & Regulatory Developments No. 111
This regular alert covers key regulatory developments related to EU emergency responses, including in particular to Russia’s war of aggression against Ukraine, COVID-19, and cyber threats. It does not purport to provide an exhaustive overview of developments.
- EU Reaches Provisional Agreement on ESG Ratings Regulation
The European Parliament and the Council of the EU have made some significant changes to the European Commission’s proposal. Key Points: ..The agreed text includes important clarifications on the scope of the regime and additional exemptions, amongst other changes. ..The amendments will have notable impacts on global ESG ratings providers, the companies using their services, and financial institutions that embed ESG ratings within their products and services.
Featured documents
- European IP Bulletin - Issue 76, January 2011
In This Issue: COPYRIGHT Copyright Designs and Patents Act 1988 (Amendment): PPL Licence Exemptions Abolished The Newspaper Licensing Agency Ltd v Meltwater Holding BV: Online Commercial Media Monitoring Services and The End User Licence Debate ITV Broadcasting Ltd v TV Catch Up Ltd:...
- European IP Bulletin - Issue 78, March 2011
In This Issue: TRADEMARKS: Hasbro Inc v 123 Nahrmittel GmbH: Acquired Distinctiveness Versus Descriptiveness BACKGROUND -Hasbro’s modelling clay for children, sold under the PLAYDOH mark, has been in existence since the 1950s. Hasbro owns UK and Community trade marks for the words PLAYDOH....
- Dealing With Data Breaches in Europe and Beyond
The use of increasingly advanced technology means that the ways in which data breaches occur are becoming more difficult to prevent and track. Influenced by the US model, a growing number of EU and European Economic Area (EEA) countries are developing rules on data breach notification. In Europe, “d...
- EU's Top Competition Court Rules that Companies Seeking Damages May Have Access to Leniency Statements
Introduction The European Commission has consistently taken the position that applications for leniency from suspected cartel participants should not be disclosed to prospective claimants wishing to bring follow-on damages claims. A recent decision by the Court of Justice of the European...
- Guidelines from European Regulator Focus on High Frequency and Algorithmic Trading Obligations
1. Background On July 20, 2011, the European Securities and Markets Authority (ESMA) issued a consultation paper on systems and controls relating to high frequency trading (HFT) and other forms of automated trading. ESMA is a newly established European authority with the remit to work on and...
- EU Opens Antitrust Probe Into E-Payment Services
On September 26, 2011, the European Commission (Commission) announced that it has opened a competition law investigation into the standardisation process for payments over the internet (e-payments) undertaken by the European Payments Council (EPC). The Commission will examine the standardisation...
- European Commission Reform of Antitrust Procedures and Revised Hearing Officer Mandate
On October 17, 2011, the European Commission (Commission) adopted a set of packages designed to safeguard parties’ procedural rights and to increase interaction between the Commission and interested parties in EU antitrust proceedings. The package comprises best practices guidelines on the conduct...
- The Review Of The Markets In Financial Instruments Directive: The European Commission Publishes Legislative Proposals
The Markets in Financial Instruments Directive (2004/39/EC) (“MiFID”) and implementing legislation, in force since November 2007, sets out a framework for regulating investment services in financial instruments provided by investment firms and credit institutions. MiFID also provides a framework...
- Cancellation of State guarantees made more difficult - The Residex ruling of the ECJ requires national courts to look for more proportionate measures to remedy unlawful State aid
Cancellation of State guarantees made more difficult On 8 December 2011, the European Court of Justice (“ECJ”) gave its hotly anticipated ruling in the Residex case on guarantees under the State aid rules. The issue is whether EU law requires State guarantees to be cancelled when non-notified,...
- "European Securities and Markets Authority Publishes New Guidelines to Apply From May 2012 for Regulation of Automated and Algorithmic Trading in the EU"
On 22 December 2011, the European Securities and Markets Authority (“ESMA”) published guidelines (the “Guidelines”) on EU electronic trading systems, trading algorithms and the provision by investment firms of direct market or sponsored trading system access. ESMA is the European Supervisory...