Freshfields Risk & Compliance

July 31, 2020

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Important UK Supreme Court decision – limiting the reflective loss principle

In a landmark decision, seven Supreme Court judges have unanimously narrowed the scope of the reflective loss principle first established...

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Stephan Dorn, Laura Whiting

July 29, 2020

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SEP disputes – the willing licensee takes on a new look – German perspectives (Part 1/3)

A key determinant in patent infringement disputes relating to standard essential patents (SEPs) is the assessment of whether the user of...

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Nabeel Yousef, Dr. Stephan Denk, Natasha Good, Lukas Pomaroli, Katerina Gross

July 22, 2020

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UK bans Huawei, starting with 5G, and Europe may follow

On July 14, 2020, the UK’s National Cyber Security Centre (NCSC) issued guidance that bans Huawei from involvement in future 5G...

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David Mendel, Mila Kostadinova, Nicholas Squire

July 17, 2020

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WorkLife 2.0: UK labour enforcement in the post-COVID era

Matthew Taylor, the Interim Director of Labour Market Enforcement (LME) for the UK Government published yesterday his annual report ('the...

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Daniel Travers, Marcel Michaelis, Janina Heinz

July 17, 2020

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Germany raids its own financial intelligence authority over backlog of suspicious activity reports

It is not every day that one criminal law enforcement authority raids another. However, that is just what happened when, on 14 July 2020,...

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Kim Rosenberg, Zara Merali, Kiyashni Kollapen

July 16, 2020

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Employee surveillance in the DIFC and ADGM – striking the right balance

Employee surveillance is a contentious topic given the inherent tension between the employer’s interest in protecting its operations and...

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Alexey Yadykin

July 15, 2020

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Russia: new law affects arbitration agreements concluded with parties targeted by sanctions

A new Russian statute has changed the rules relevant to arbitration and choice-of-court agreements for disputes involving Russian parties...

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Noiana Marigo, Natalia Zibibbo, Matheus Bastos Oliveira

July 15, 2020

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Will the new wave of insolvencies affect arbitrations?

The COVID-19 pandemic is upending economies globally, causing a wave of unexpected insolvencies. The businesses that remain standing may...

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Neil Donovan, Tahleel Lateef

July 15, 2020

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UK/EU sanctions landscape continues to develop at pace

We have seen three significant developments in the UK and EU sanctions regimes in recent weeks:

On 6 July 2020, the UK...

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Laura Llangozi, Jean-Francois Gerard

July 15, 2020

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Non-essential travel to EU – the latest EU recommendation and related pitfalls

Almost two months after many countries lifted their pandemic measures and at a time when some countries and regions are putting...

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Charles Mondelli, Anthea Bowater

July 14, 2020

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Court of Appeal confirms UK bank’s approach to foreign sanctions law

The Court of Appeal has confirmed that a UK bank was justified in refusing to make payments under a facility agreement where those...

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Nikolaas Van Robbroeck

July 14, 2020

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COVID-19: Belgian tax measures in and out of the crisis. What’s next?

Since the beginning of the COVID-19 outbreak, the Belgian government and legislator have introduced a series of financial support...

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Andrew Austin, Haris Ismail

July 14, 2020

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CMA’s COVID focus shifts from excessive pricing to refund practices

The UK’s Competition and Markets Authority (CMA) yesterday discontinued three of its four investigations into pharmacies and convenience...

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Melanie Fitzsimons, James Smethurst

July 14, 2020

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The UK Investment Firms Prudential Regime

HM Treasury’s policy statement on prudential standards in the Financial Services Bill and an FCA discussion paper have set out more...

July 13, 2020

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Superfunds: Navigating the legal issues before transacting

We reported in our previous blog published on 19 June 2020 that the UK Pensions Regulator had released detailed guidance for superfunds...

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Eva Schneider, Stephan Pachinger, Stella Klepp

July 13, 2020

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New regulatory sandbox for Austria

In September 2020, Austria introduces its regulatory sandbox. This is welcome news, with Austria joining several other European countries...

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Sarah Naisby

July 13, 2020

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Neurim not fit for purpose, but are SPCs?

On 9 July 2020, the CJEU followed the Advocate General’s recommendation in Santen (see Is Neurim fit for purpose? Santen AGO on SPCs for...

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Nicholas Squire, David Mendel, Rose Pollard

July 13, 2020

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UK Coronavirus Job Retention Scheme – update as at 10 July 2020

As many businesses will be aware, on 25 June 2020, the Chancellor of the UK Government published an updated Treasury Direction (the

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David Mendel, Caroline Stroud, Jonathan Isted, Guy Huffen

July 10, 2020

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WorkLife 2.0: managing the risk of multiparty employment claims

An awful lot of change has happened to the employment landscape in the UK over the past few months since the outbreak of the COVID-19...

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Jonathan Barnett, Sharon Grennan, Benjamin Hewson

July 10, 2020

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UK’s Business and Property Courts – Disclosure Pilot Scheme extended for a further year

An important pilot aimed at reducing the cost and volume of disclosure in civil litigation has been extended for a further year, with the...

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Paul Davison

July 10, 2020

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To furlough or not to furlough – UK tax points for the employer

It seems that Victoria Beckham is setting a trend. Back in May, she reversed a decision to furlough some employees at her fashion label...

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Deba Das, Daniel Wylde, Sophie Tang

July 9, 2020

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A boost for the CMA’s pursuit of director disqualifications – the High Court grants its first Competition Disqualification Order

On 3 July 2020, Insolvency and Companies Court Judge Jones handed down his judgment disqualifying Mr Michael Martin as a director for 7...

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Charles Magoffin, Gareth Davies, Guy Huffen

July 7, 2020

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COVID-19: further guidance issued on UK pension scheme funding

The Pensions Regulator (TPR) recently updated its guidance designed to help pension scheme trustees and employers of defined benefit...

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Eric Bruce, Adam Siegel, Daniel Braun, Olivia Radin, Kimberly Zelnick, Mark Goldberg

July 7, 2020

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Recent changes to the US FCPA resource guide: legal and practical considerations

On July 3, 2020, the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) published the second edition of the

July 3, 2020

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Regulators now expect action on UK financial services firms’ approach to managing climate risks

In a letter published on Wednesday this week, the Prudential Regulation Authority (PRA) has advised UK financial services firms that it...

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Dawn Heath, Tharusha Rajapakse, Charles Smye

July 3, 2020

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The UK Pension Schemes Bill – further progress through Parliament

In January 2020, we reported that the Pension Schemes Bill ('the Bill') had been reintroduced into Parliament by the UK government.

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Mark Goldberg, Nabeel Yousef, Stephanie Brown Cripps

July 2, 2020

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Risks and strategies in Xinjiang: lessons from the new US government business advisory

On Tuesday, July 1, a group of US government agencies (including the Departments of State, Treasury, Commerce and Homeland Security)...

Andreas von Bonin

July 1, 2020

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EU Commission publishes third amendment to its Temporary Framework for state aid in relation to the COVID-19 crisis

The EU Commission has published a third amendment to its 19 March 2020 guidance document on state aid in reaction to the COVID-19 outbreak (

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Mark Kalderon

July 1, 2020

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The future of post-trade and the legal implications of standardisation

The Bank of England has published a report (PDF) setting out the findings of the Post-Trade Technology Market Practitioner Panel that it...

July 1, 2020

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European Commission launches public consultation on the Market Definition Notice

On 26 June, the European Commission launched a public consultation on its Market Definition Notice. The public consultation forms an...

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