Publications
It is an integral part of our business to alert our clients to new legislation and case law that may affect their business. As part of this service, we provide a range of legal publications and updates across practice, industry and geographical areas.
You can use the search box on the right to conduct a full-text search of all the client publications and newsletters (in pdf format) on our website.
Most of the publications here can be viewed immediately, but in some cases you will need to order a publication by placing a tick beside its title, and filling in and submitting the form at the bottom of the page.
Briefings
Here you can find briefings, guides and information cards on a range of topics of interest to our clients.
Newsletters
Many of our practice and industry teams produce regular newsletters to keep clients up to date with legal developments in their area.
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Recent publications in English
| Date | Title | Group | Language |
|---|---|---|---|
| 31/8/2010 | Employee data protection | Employment, pensions and benefits | English |
Germany’s federal government has adopted a draft law on employee data protection. It will apply to virtually all data collected and used by employers over the course of an employment relationship. This briefing outlines the most important aspects. In practice, the planned restrictions on using emails to expose cases of white-collar crime are likely to be of particular importance. (31 August 2010) | |||
| 31/8/2010 | Third energy account: the 2011-13 incentives for photovoltaic power generation | Energy | English |
The third energy account confirms incentives for the installation of photovoltaic power plants in Italy and modifies the deadline for admission to the second energy account. In addition to simplified authorisation procedures for installation and reconstruction of the plants, it offers 20-year feed-in tariffs that are linked to the production of electricity and may, therefore, be added to the proceeds from (i) the sale of electricity on the free market, (ii) reverse metering (scambio sul posto) or (iii) power off-takes (ritiro dedicato) by Gestore dei Servizi Energetici. The incentive scheme applies to plants that will become operational within 14 months of the 3,000MW capacity being installed and decreases over time and in accordance with the increased capacity of the plant. (August 2010) | |||
| 31/8/2010 | UK defined-benefit pension schemes and corporate restructurings | Employment, pensions and benefits | English |
This briefing explains why pension deficits can be a critical issue in a corporate restructuring and how pension scheme trustees, the Pensions Regulator and the Pension Protection Fund can be key players in the process and outcomes. (August 2010) | |||
| 27/8/2010 | US antitrust authorities release new Horizontal Merger Guidelines | Antitrust, competition and trade | English |
The United States antitrust agencies recently released the final version of the revised Horizontal Merger Guidelines (2010 Guidelines), issued first in draft form in April for public comment. The 2010 Guidelines are designed to better align with current agency practice, reflecting the fact-intensive, economically-driven, multi-faceted approach to merger review currently practiced by the Agencies. (August 2010) | |||
| 24/8/2010 | EPB Pensions Bulletin: EPB Pension Bulletin | General | English |
Reminder – A-day transitional provisions expire 5 April 2011 Regulated Apportionment Arrangements – Regulator gives guidance on how to apply for approval Switch from the RPI to the CPI - draft regulations issued for the Pension Protection Fund and Financial Assistance Scheme Equality Commission’s guidance on how new Equality Act may apply to pension schemes | |||
| 23/8/2010 | Duties of supervisory board and powers of activist shareholders revisited | Corporate | English |
In its recent decision on ASMI the Supreme Court of the Netherlands confirmed that the strategy of a company is part of the management board’s competency. In principle, the management board is not required to involve shareholders before its decision making in matters of strategy or to enter into discussions with activist shareholders that disagree with the management board’s position. Furthermore, the supervisory board is not obliged to mediate in conflicts between the management board and the shareholders, and the management and supervisory board are free to appoint (strategic) advisers, even if these advisers play a crucial role with respect to the policies of the company. This briefing explains these and other findings and summarises their implications for Dutch businesses. (August 2010) | |||
| 23/8/2010 | High Court rules on company voluntary arrangement challenges | Finance | English |
The High Court has in the past month ruled on two challenges to company voluntary arrangements (CVAs) on the grounds of unfair prejudice and material irregularity, reaching a different conclusion in each case. This briefing examines the facts and findings of each case and their possible impact on future CVA structures. (August 2010) | |||
| 17/8/2010 | Chinese Ministry of Commerce imposes conditions on Novartis for its acquisition of Alcon | Antitrust, competition and trade | English |
On 13 August 2010, the Chinese Ministry of Commerce (MOFCOM) conditionally cleared the acquisition by Novartis of Alcon. This marks the sixth occasion that MOFCOM has imposed conditions since China’s Anti-monopoly Law came into effect in August 2008. This briefing explores the conditions in more detail. (August 2010) | |||
| 13/8/2010 | United States tightens rules on foreign tax credits and other international tax provisions | Tax | English |
On August 10, provisions tightening US foreign tax credit and other international tax rules became law. This briefing summarizes key provisions that: deny foreign tax credit benefits produced by treating share acquisitions as asset acquisitions for US tax purposes; limit foreign tax credits arising from controlled foreign corporations’ investments in US property; and deny foreign tax credits for foreign tax on income that the person claiming the credit has not yet recognized for US tax purposes. This briefing provides only general information, not advice on which you can rely to avoid US tax penalties. (August 2010) | |||
| 11/8/2010 | High Court considers the balance sheet test of insolvency in the context of a securitisation transaction | Finance | English |
The recent case of BNY v Eurosail 1 is an important modern decision on the balance sheet test of insolvency. The High Court considered whether a note issuer was unable to pay its debts within the meaning of section 123(2) of the Insolvency Act 1986 and whether, if the issuer was insolvent, the existence of a post-enforcement call option agreement (PECO) entered into by the issuer would change the court’s analysis. The High Court held that (1) the issuer was not insolvent, (2) ‘taking account of’ contingent and prospective liabilities does not require such liabilities to be aggregated at their face value, (3) the balance sheet test is not necessarily the same as the accounting test and (4) the use of a PECO does not cure balance sheet insolvency. (August 2010) | |||