EACC New York Member Mason Hayes + Curran provided us with a number of updates around UCITS and the AIFMD: I) UCITS IV Update: Requirements for SMICs The Central Bank has issued correspondence regarding the adoption of UCITS IV by self-managed investment companies. The adoption timeline previously set out by the Central Bank for such entities had been suspended pending clarification from it. Read More II. UCITS: Proposals for UCITS V and VI Published The European Commission has issued proposals for UCITS...

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The EU Council formally approved the Regulation on OTC derivatives, central counterparties and trade repositories, which the European Parliament had already adopted at first reading on 29 March 2012. The Regulation, which is also known as the European Market Infrastructure Regulation or EMIR, will enter into force shortly after its forthcoming publication in the Official Journal of the EU. EMIR will radically change the OTC derivatives landscape. Market participants will have to review and, in many cases, adapt their current...

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With its groundbreaking judgment of 3 July 2012, the Court of Justice of the European Union (CJEU) has decided that the resale of software licences is allowed in spite of contractual prohibitions. The German company UsedSoft GmbH sells "second-hand" licences for Oracle standard software, i.e. licences acquired by UsedSoft from Oracle licensees. After purchasing the second-hand licence, customers of UsedSoft can download the software from Oracle's website. Oracle objected to this resale of its software licences (inter alia because Oracle's...

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The ING Foundation is awarding college scholarships to teams of young girls who participated in the ING-Girls Inc. Investment Challenge, a program that provides practical, hands-on investing experience to girls at Girls Inc. affiliates around the country. Teams of girls in the first cycle of the challenge from New York City, Denver, and Los Angeles and Alameda counties in California each spent the past three years building and managing a virtual $50,000 diversified, real-time portfolio as part of an integrated...

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Ms. Ahn will lead the Firm’s Immigration practice.  Ms. Ahn’s career in Immigration and Nationality Law spans more than seventeen (17) years representing such premiere international organizations as Goldman Sachs, BNP Paribas, The International Monetary Fund (IMF), P&O Nedlloyd, and The World Bank in all phases of the business and employment related immigration process. She has in-depth experience in all matters of immigration law, including EB-5 Investor filings, as well as employment-based and family-based immigration and visa processing.  She has...

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The Flex BV made simple: Reaping the benefits from the new Dutch Company rule. NautaDutilh's Flex BV website offers practical insights for taking advantage of the opportunities created by the new rules and requirements for: Management and Supervisory Board Members Private Equity Group Structures Joint Ventures Financiers /Sponsors (In house) lawyers Read more »

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EACCNY member Frank Ciano of Goldberg Segalla is speaking at the Ninth Annual FDCC Corporate Counsel Symposium (“CCS”). The forum will be held in Philadelphia at the Four Seasons Hotel from September 12to 14, 2012. More about Frank J. Ciano's presentation can be found at: Protecting Your Company’s Intellectual Property For more complete program information, you can visit the Federation website, www.fdccconferences.org.

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Financial institutions have spent a year anticipating and predicting when the Consumer Financial Protection Bureau (CFPB) would put its broad enforcement powers to use. The anticipation ended on July 18, 2012, when the CFPB announced its first enforcement action with the entry of a consent order against Capitol One Bank. See, Stipulation and Consent Order, available at https://files.consumerfinance.gov/f/201207_cfpb_consent_order_0001.pdf. The subject of the consent order was Capital One's marketing practices for credit card add-on products, such as payment protection and credit monitoring....

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Delaware Imposes New Restrictions on Short-Term Lending On June 27, Delaware Gov. Jack Markell signed into law House Bill 289, legislation that places a number of severe limitations on short-term loans made by a Delaware licensed lender. These limitations will apply to both brick-and-mortar lenders, as well as Internet lenders operating under the Delaware Licensed Lender Act. The new limitations become effective on January 1, 2013. Read more Questions? Contact: Richard P. Eckman | eckmanr@pepperlaw.com Andrew R. Mavraganis | mavraganisa@pepperlaw.com Darcy Lee | leeda@pepperlaw.com* *Darcy Lee is...

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Enforcement and its Implications for Companies Download PDF Version With the one-year anniversary of the U.K. Bribery Act upon us, companies may be breathing a sigh of relief. To date, not a single successful prosecution has been brought against a company by the U.K.’s Serious Fraud Office (SFO), which is responsible for enforcing the law. However, such relief may, in fact, be premature. Recently, the SFO has reaffirmed its commitment to pursuing bribery cases. As a result, now may not...

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