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Member News

Member News

Vulcan Insight: Analysis of the Latest EU Developments

Impact of Johnson Victory on Ireland The Conservative victory this morning was a clear triumph for Boris Johnson whose line “Get Brexit Done” brought out millions of new Tory voters despite horrendous weather conditions. The decisive nature of the victory has been welcomed in Dublin since it provides the clarity which has been sought for the past 3 years. Speaking this morning in Brussels the Taoiseach congratulated Johnson on his formidable victory and noted; “The next step is to ratify...
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USTR Announces Additional Exclusions Granted to SEC. 301 List 3 Products

On December 12, 2019, the U.S. Trade Representative (“USTR”) announced that 44 additional HTS provisions and product descriptions will be excluded from the Section 301 trade remedies imposed on Chinese-origin products. The newly announced exclusions all relate to items on China 301 List 3 (the $200 billion trade action) which, unless excluded, are subject to an additional tariff of 25% ad valorem. The list of newly-excluded items (which supplements the exclusions previously granted by the USTR) is provided below. The exclusions...
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Data Breaches in M&A Transactions: True Stories of Breaches and Lessons to Learn

Data is now one of the most valuable commodities in the world, with a market estimated at USD 92 billion globally by 2026.  Rapidly increasing values mean rapidly increasing responsibilities: this is why both the sellers’ and buyers’ approach to certain transactions has significantly changed over the past few months. It is hard to say at what particular stage of a transaction data and analytics are most impactful: certainly, “the sooner the better” saying seems to fit perfectly also in...
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Brexit Business Brief | What happens Now

The UK is set to leave the EU on 31 January 2020. With the Conservative Party now in a substantial majority in the House of Commons, it appears inevitable that the United Kingdom will leave the European Union at the end of January 2020 on the terms of the Withdrawal Agreement agreed on 19 October 2019. Here are the steps by which that departure is expected to happen. Step One: get the WAB into the UK statute book Mr Johnson has indicated...
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Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute: Request for Comments

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Docket No. USTR-2019-0003 Review of Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute AGENCY: Office of the United States Trade Representative. ACTION: Request for comments. SUMMARY: The U.S. Trade Representative is reviewing the action being taken in the Section 301 investigation involving the enforcement of U.S. WTO rights in the Large Civil Aircraft dispute. Annex I to this notice contains a list of products currently subject to additional duties. Annex II contains...
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Regulation on Sustainability‐Related Disclosures in the Financial Services Sector Published

In response to growing concerns over climate change, and as part of broader efforts to connect finance with the specific needs of the European and global economy for the benefit of the planet and our society, the European Union has been examining how to integrate sustainability considerations into its financial policy framework in order to mobilise finance for sustainable growth. The action plan In March 2018, the European Commission published an action plan on sustainable finance (the “Action Plan”) specifically aiming...
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Second Circuit Holds Judicial Approval Not Required When Settling FLSA Claim Pursuant to Rule 68(a) Offer of Judgment

On Dec. 6, 2019, the Second Circuit issued a decision in Yu v. Hasaki Restaurant, Inc. that will likely impact settlement of wage and hour actions under the Fair Labor Standards Act (FLSA). In a split decision, the court reversed a district court ruling and held that judicial approval is not required when settling an FLSA claim pursuant to a Federal Rule of Civil Procedure 68(a) offer of judgment. In this case, the plaintiff filed a complaint alleging FLSA overtime violations. After...
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Europe: High Financial Penalties for Infringements of Formal Obligations Incompatible with Freedom of Services

On September 12, 2019, the European Court of Justice ruled that very high financial penalties for infringements of formal obligations in the context of a secondment are incompatible with the freedom to provide services. An Austrian contractor had contracted with a Croatian subcontractor to provide a service on Austrian territory. During an audit, the Austrian Tax Investigation Service established that for most of the employees, no payroll documents or work permits could be submitted. Both the manager of the Austrian...

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