Implementation of the Transparency Directive Amending Directive and other Disclosure Rule and Transparency Rule Changes

This article first appeared in Company Secretary’s Review in May 2015


HM Treasury and the Financial Conduct Authority (FCA) have published a joint consultation paper (CP15/11)(1) on proposed amendments to the Disclosure and Transparency Rules (DTRs) and the Financial Services and Markets Act 2000 (FSMA) which are required in order to implement the Transparency Directive Amending Directive ((2013/50/EU) (TDAD). The FCA is also proposing some other changes to the DTRs, relating to stock lending and investment managers. The submission deadline for responses is 20 May 2015. More…

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Beirne, Maynard & Parsons partners Jeffrey Parsons and Patrick Johnson were re-selected as ranked lawyers in Chambers USA 2015 for Insurance (Texas, Band 4) and Bankruptcy/Restructuring law (Louisiana, Band 2) respectively.

Jeffrey Parsons is a founding partner of Beirne, Maynard & Parsons with more than 30 years of trial experience. He has counseled clients across multiple industries and practice areas with significant experience in complex insurance coverage disputes. More…

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Legal Medicine and Medical Ethics, 9th Ed.

Beirne, Maynard & Parsons partner Thomas Sartwelle together with Dr. James C. Johnston M.D.,J.D. contributed a chapter “Cerebral Palsy Litigation: A Continuing 21st Century Epidemic” to the recently published American College of Legal Medicine textbook Legal Medicine and Medical Ethics. The American College of Legal Medicine is the official AMA organization authorized to examine and issue Board Certifications to physicians in the field of legal medicine. This book is the official study guide for physicians taking the legal medicine written examination for certification by the American Board of Legal Medicine. More…

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The fallout from yesterday’s forex fines

Yesterday saw yet another round of substantial fines by regulators against banks. This time the £3.6bn of fines against banks are for the foreign exchange (forex) scandal, where the banks stand accused of rigging the forex market.

For most the impact of the forex scandal is not immediately obvious. We have set out an overview of the scandal and its potential fallout below. More…

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Civil Class Actions Available in Thailand’s Courts of Justice
Thailand’s Civil Procedure Code has been amended to allow class action suits in the Kingdom’s courts, previously not a procedural option in the legal system. The amendment has received royal endorsement and been published in the Royal Gazette. It will become effective on December 4, 2015. The new class action law is based on US class action law and has similar rules. In a class action, a group of individuals or business entities can collectively bring a claim to court, and now in Thailand, groups can now file class action suits for breach of contract and on labor law, consumer protection, and trade competition, among others. Members of a class action suit also have the right to opt out and pursue individual claims. The jurisdiction for a class action case will rest in the court which is empowered to hear an individual case on the same matter. For example, for a class action case on trade protection, the competent court will be the Intellectual Property and International Trade Court. In class action matters, courts will be able to summon expert witnesses and appeals will be limited to matters on judgment debt, not points of law or fact. More…

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Restrictive covenants

Developers and landowners often find that development sites are subject to covenants which prohibit certain actions, such as use for a specific purpose, or the construction of or alteration to a building. These covenants are known as restrictive covenants and can have a significant impact on a proposed development. Having identified such a restrictive covenant, it is very important to undertake a full analysis of it to establish whether the restriction properly affects the land, is still enforceable and who (if anyone) has the benefit of it. More…

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Media interviews David Austin

Various media outlets interviewed David Austin on the Lax Kw’alaams rejection of a $1.1-billion cash and land offer to support Petronas’ $11-billion LNG project in Prince Rupert. Should the project move forward against the First Nation’s wishes, “it would be a very complex case. Would an LNG developer be patient while it was winding its way through the courts, or would it seek alternatives in another part of the world?” asks David. Learn more about this “$36-billion question.” David also says “The devil is in the details, but risk is definitely being allocated to taxpayers,” in an article by The Globe and Mail.

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Does a Person with a Medical Condition Affecting His Mind Have the Mental Capacity to Make a Will?

One of the grounds for challenging the validity of a Will is that the person who made the Will did not have the mental capacity to understand his actions.  With an aging population and higher rates of medical conditions, such as Dementia and Alzheimer’s Disease, which may affect a person’s memory and other mental functions, questions about testamentary capacity arise more frequently.

In a recent case Bull Estate v. Bull, the Supreme Court of BC provided further guidance on the issue of testamentary capacity. In Bull Estate, the deceased made a Will in 2010 leaving more assets to her daughter than her son. The deceased died in September 2012. Her son challenged the Will on the basis that, amongst other things, the deceased’s progressive dementia made her incapable of making the Will.

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Marks & Spencer on kuum!

Marks & Spencer teatas 661 miljoni naelasest kasumist märtsis lõppenud finantsaastal, mis on 6,1% rohkem kui eelmisel aastal. Tähelepanuväärne on, et Briti suurim rõivakauplus on teenib täna enim raha pisikeste kodulähedaste toidupoodidega. Trend meiegi jaoks?

Risto Vahimets
Tark Grunte Sutkiene

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This article was first written for and published by LawInSport on 7 May 2015. View the original article.

During a pre-Super Bowl interview on January 27, Marshawn Lynch wore a hat featuring his “Beast Mode” logo. By the next day, the hats were completely sold out. In December, Anthony Davis’ trademark application for FEAR THE BROW® was granted registration. Ryan Lochte’s trademark application for JEAH™ has been approved for registration pending proof of use. It seems that nowadays, every JOHNNY FOOTBALL™ or Bill Rafferty runs, jumps, passes and kicks their way to the Trademark Office. More…

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