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28 September 2017
IBM v Dalgleish says “reasonable expectations” are just that – but beware the Consultation Regulations, the new ‘wolf in sheep’s clothing’
IBM’s emphatic win in the Court of Appeal has been widely acclaimed as a victory for employers seeking to manage their pension liabilities – and rightly so. But could the judgment have a sting in its tail?
01 March 2017
General Counsel Update, February 2017
This is the latest in our series of general counsel updates which aim to summarise major developments in key areas. Please see a summary of contents below and you can click download above for a full copy. For more information, please contact Simone Pearlman , Editor.
27 February 2017
A DOSE OF ECONOMIC REALITY – THE PENSIONS GREEN PAPER
Last Monday, 20 February the Government published its long-awaited Green Paper, "Security and Sustainability in Defined Benefit Pension Schemes". It focuses on the "central challenge" for DB pension schemes, namely how best to provide a high degree of security in income in a world where nothing can...
10 January 2017
Preview of 2017 - a schedule of anticipated legal developments for the year ahead
2017 will see major changes to the UK legal landscape, with Article 50 of the Treaty on European Union expected to be triggered by the end of March 2017 to begin the Brexit process. The legal implications of Brexit will be hugely significant; preparing for their impact will be a substantial...
GDPR made simple - Pensions and Lifetime Savings Association
The Pensions team at Herbert Smith Freehills have collaborated with the Pensions and Lifetime Savings Association (PLSA) to produce a "Made Simple" guide to help pension trustees prepare for the arrival of the GDPR , and to illustrate how they can best ensure GDPR-readiness in advance of 25 May...
13 January 2021
VIEWS ON AN EVOLVING AUTOMOTIVE INDUSTRY – STANDARDS AND ESSENTIAL PATENTS
The automotive industry is unquestionably evolving at considerable pace whether through advances in connectivity and autonomy in vehicles, developments in the way that consumers access and use vehicles or changes driven by the 'electric revolution' and the industry disruption caused by the COVID-19...
13 January 2021
New Italian rules on the review of foreign investments in Italy: dawn of an era of greater certainty for foreign investors? A focus on the energy sector
Article 10-ter of Law of 18 December 2020, no. 176, extended the temporary regime introduced with the Liquidity Decree until 30 June 2021. Following the extension of the Governmental Powers on FDI carried out with Law Decree of 8 April 2020, No. 23 (the “ Liquidity Decree ”), on 18 and 23 December...
12 January 2021
Executive remuneration and accountability – the revised APRA CPS 511 Remuneration
On 12 November 2020, the Australian Prudential Regulation Authority ( APRA ) released a revised draft Prudential Standard CPS 511 Remuneration for consultation ( Revised Draft CPS 511 ). The revised standard has moved away from the prescriptive requirements of the initial consultation draft,...
11 January 2021
New year, new UK sanctions regime
Upon the end of the Brexit transition period at 11pm on 31 December 2020, the UK ceased to implement EU sanctions. UK sanctions are now in force under the UK’s domestic sanctions regime, the framework for which is contained in the Sanctions and Money Laundering Act 2018 (“SAMLA”). The UK has...
11 January 2021
M&A in 2021: Resilient, agile and coming off mute
2020 proved to be a year of two halves. In Q1 and Q2 the market suffered the effects of the pandemic in a dramatic way. But Q3 and Q4 proved surprisingly resilient, and we saw significant M&A activity, whether paused deals restarted, or new opportunities taken. After a year when the three most...
11 January 2021
Green finance and innovation - point 10 of the UK Government’s Ten Point Plan
In the final limb of its Ten Point Plan (the Plan ), the Government acknowledges the significant investment required to achieve net zero through the developments and innovations elsewhere in the Plan. It seeks to leverage public and private sources of financing, increasing investment in research...
08 January 2021
TROUBLE AND HOW TO AVOID IT WEBINAR SERIES
By virtue of the types of financial services our client institutions provide to customers ranging from individuals to professional investors and the client-facing nature of these services, they are often on the receiving end of unexpected events and trouble. In this series that is designed...
08 January 2021
Protecting our natural environment - point 9 of the UK Government’s Ten Point Plan
Recognising that the natural environment plays a key role in capturing and sequestering carbon, and with the objective of reversing environmental harm and enhancing biodiversity, the government has committed to “safeguard our cherished landscapes, restore habitats for wildlife…and adapt to climate...
06 January 2021
Carbon capture, usage and storage – point 8 of the UK Government’s Ten Point Plan
Becoming a world-leader in carbon capture, usage and storage ( CCUS ) technology is at the heart of the UK Government’s new plan for a “green industrial revolution” released on 18 November 2020 ( Ten Point Plan ).
05 January 2021
Homes and public buildings – point 7 of the UK Government’s Ten Point Plan
One of the aspects of the Government’s new Ten Point Plan is to make homes and public buildings greener. According to Government figures, homes in the UK made up 15% of greenhouse gas emissions in 2018, or 22% if electricity consumption is included.
31 December 2020
The View From Brussels: EU-UK Trade and Cooperation Agreement Level Playing Field Provisions and their Enforcement
We now have an agreement on the future partnership between the UK and the EU. It is given the name Trade and Cooperation Agreement ( TCA ) but is, in EU parlance, an Association Agreement – a type of agreement which, in accordance with its legal basis - Article 217 TFEU, involves “reciprocal rights...
29 December 2020
Pressure Points: Covid-19 related closures of commercial premises resulting in a frustration of contract (Störung der Geschäftsgrundlage) - Does new legislation provide certainty?
On 17 December 2020, the German Parliament adopted a law, which among others, includes the implementation of the following provision: "Frustration of Contract regarding Lease Agreements If, as a result of government measures implemented to control the Covid-19 pandemic, leased premises (except for...