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Eversheds Article RSS | International http://www.eversheds.com/global/en/what/publications/index.page Eversheds RSS Mon Apr 19 19:00:43 2021 GMT Eversheds RSS www.eversheds.com/images/Websites/Interface/Logos/logo.gif www.eversheds.com/uk/Home/index.page High Court grants release from collateral undertaking relating to the use of documents under a Worldwide Freezing Order  PJSC National Bank Trust and another v Mints and others [2020] EWHC 3252 (Comm) Facts of the case A worldwide freezing order (“WFO”) was granted against the Defendants (“Ds”) on 28 June 2... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/PJSC_National_Bank_Trust_and_another_v_Mints_and_others 2021-04-19 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/PJSC_National_Bank_Trust_and_another_v_Mints_and_others COVID-19 vaccine fraud on the increase With the continuing roll out of the COVID-19 vaccine, we consider the reports of fraud and scams being perpetrated against the public and businesses. The roll out of the COVID-19 vaccine began in December 2020. To date, over 31 million people have ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Fraud_and_financial_crime/COVID19_vaccine_fraud_on_the_increase 2021-04-19 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Fraud_and_financial_crime/COVID19_vaccine_fraud_on_the_increase The US Imposes New Sanctions on Russia: Executive Order Targeting the Harmful Foreign Activities of the Russian Government On 15 April 2021, President Biden signed the Executive Order on Blocking Property with Respect to Specified Harmful Foreign Activities of the Government of the Russian Federat... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Fraud_and_financial_crime/The_US_Imposes_New_Sanctions_on_Russia 2021-04-19 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Fraud_and_financial_crime/The_US_Imposes_New_Sanctions_on_Russia Missing pieces: the jigsaw of development sites When undertaking due diligence for a residential development site, it is imperative that all the pieces of the title jigsaw can be found and put together to assemble a seamless site with sufficient access. But it is so often the case that a thin sli... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Real_estate/Missing_pieces_the_jigsaw_of_development_sites 2021-04-19 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Real_estate/Missing_pieces_the_jigsaw_of_development_sites Unauthorised payment fraud Commercial Court supports recovery efforts  Speedread Fraudsters are constantly seeking to catch out unwitting victims by tricking them, or those that represent them, into making unauthorised payments. They will often then shift funds quickly and by sophi... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Commercial_dispute_resolution/Unauthorised_payment_fraud 2021-04-16 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Commercial_dispute_resolution/Unauthorised_payment_fraud Personal Injury Claims Bulletin: March 2021 Edition LIABILITY Mather v Ministry of Defence <a href="https://www.lexisnexis.com/uk/lexispsl/personalinjury/document/281949/62BH-W073-GXFD-847N-00000-00/linkHandler.faces?psldocinfo=Mather_v_Ministry_of_Defence&linkInfo=F%23GB%23E... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Personal_injury_claims_litigation/personal_injury_claims_bulletin_march_2021 2021-04-16 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Personal_injury_claims_litigation/personal_injury_claims_bulletin_march_2021 TCFD - climate risks in the UK mortgage market One could be forgiven for asking what the residents of Fairbourne, North Wales, and Florida have in common. The answer lies beneath the waves. Both coastal communities are being affected by climate change as sea levels are projected to rise and this... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Corporate/TCFD-climate-risks-in-the-UK-mortgage-market 2021-04-15 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Corporate/TCFD-climate-risks-in-the-UK-mortgage-market HSBC wins appeals relating to Stanford Ponzi scheme Following the judgment handed down on 15 April 2021 by the Court of Appeal in the case of Stanford International Bank v HSBC Bank plc [2021] EWCA Civ 535, HSBC Bank plc (“HSBC”) has successfully struck out the majority of the claim broug... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/HSBC_wins_appeals_relating_to_Stanford_Ponzi_scheme 2021-04-15 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/HSBC_wins_appeals_relating_to_Stanford_Ponzi_scheme Lawbite: The importance of using accurate plans in transfers of part Scott v Martin [2021] UKUT 31 (LC) A recent case highlights the importance of using accurate plans in transfers of part to try to avoid boundary disputes arising.   The case related to farmland in Cumbria.  Part of this farmland was s... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Real-estate-dispute-resolution/lawbite_theimportance_of_using_accurate_plans_in_transfers_of_part 2021-04-15 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Real-estate-dispute-resolution/lawbite_theimportance_of_using_accurate_plans_in_transfers_of_part Hong Kong is on its way to a mandatory data breach notification regime In this digital age, more and more information is stored and processed in electronic form. If a financial institution can make better use of its data, it will likely have an impact on the business performance. One key data set that financial insti... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Hong-Kong-is-on-its-way-to-a-mandatory-data-breach-notification-regime 2021-04-14 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Hong-Kong-is-on-its-way-to-a-mandatory-data-breach-notification-regime Attorney-Client Privilege in Litigation, Internal Investigations, and Regulatory Investigations Series An Overview of the Position in the United States Privilege is an important legal protection that a client may acquire through engaging an attorney. In general, privilege protects from disclosure communications between attorney and client. Other professionals (e.g., accountants), experts, consult... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Attorney-Client-Privilege-in-Litigation 2021-04-14 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Attorney-Client-Privilege-in-Litigation Anti-money laundering remains a hot topic in the global investigation and enforcement space a case study of the UAE and what it means to financial institutions One clear consensus amongst our global team of lawyers is that anti-money laundering (AML) will remain a hot topic in the global investigation and enforcement space. AML is an important issue in and of itself in that, if mis-handled, it may result... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Case-study-of-the-UAE-and-what-it-means-to-financial-institutions 2021-04-14 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Case-study-of-the-UAE-and-what-it-means-to-financial-institutions Restoring Trust in Audit and Corporate Governance The role of directors and auditors in tackling fraud In his report on the quality and effectiveness of audit, published in December 2019 (“the Brydon Review”), Sir Donald Brydon examined the challenge of fraud in the context of corporate reporting. He concluded that reform was needed to in... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Restoring_Trust_in_Audit_and_Corporate_Governance 2021-04-14 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Restoring_Trust_in_Audit_and_Corporate_Governance Outsourcing & Third Party Risk Management   The PRA has recently published Policy Statement PS 7/21, which contains the PRA’s final Supervisory Statement SS2/21 on “Outsourcing and third party risk management” following on from Consultation Paper CP30/19 in December 2... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/outsourcing-and-third-party-risk-management 2021-04-14 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/outsourcing-and-third-party-risk-management The EU-China Comprehensive Agreement on Investment On 30 December 2020, the European Union and People’s Republic of China announced that they had entered into a Comprehensive Agreement on Investment (“CAI”), in principle. This announcement was somewhat unexpected, as the parties ha... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition/EU-China-Comprehensive-Agreement-on-Investment_090421 2021-04-14 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition/EU-China-Comprehensive-Agreement-on-Investment_090421 A better approach to business growth - Eversheds Sutherland Global ESG Solutions ESG and climate risk are not just regulatory issues, they are a board level strategic issue. Failure to take appropriate steps could leave an organisation exposed to material business risks particularly as key stakeholders are now requiring change w... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/global/ireland/a-better-approach-to-business-growth 2021-04-14 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/global/ireland/a-better-approach-to-business-growth With less than 100 days to go until POPIA kicks in, the Information Regulator may be starting to flex its muscles In early January 2021, the messaging service WhatsApp notified its users that it had updated its privacy terms and conditions. It said that its users will have to agree to lets its parent company, Facebook, and its subsidiaries collect WhatsApp data... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/global/South-africa/less-than-100-days-to-go-until-POPIA-kicks-in 2021-04-14 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/global/South-africa/less-than-100-days-to-go-until-POPIA-kicks-in Public Transport Ticketing Scheme Block Exemption Call for Evidence   The Government has launched a Call for Evidence in relation to the Public Transport Ticketing Scheme Block Exemption (“the Block Exemption”) . The consultation closes on 24... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Public_Transport_Ticketing_Scheme_Block_Exemption_Call_for_Evidence 2021-04-14 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Public_Transport_Ticketing_Scheme_Block_Exemption_Call_for_Evidence UK Guide to sustainability-linked loans ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Finance/sll 2021-04-13 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Finance/sll Takeover panels response to takeover code changes The Code Committee of the Takeover Panel has published a Response Statement following the October 2020 consultation paper (PCP 2020/1) (PCP) on proposed amendments to the Takeover Code (Code) in relation to the treatment of offer conditions and the ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Corporate/Takeover-panel-response-to-takeover-code-changes 2021-04-12 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Corporate/Takeover-panel-response-to-takeover-code-changes The role of the INED What are regulators’ expectations of independent non-executive directors (INEDs) of regulated financial services firms? As noted in a recent speech by Elizabeth McCaul, member of the Supervisory Board of the European Central Bank (ECB), some ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/The_role_of_the_INED 2021-04-12 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/The_role_of_the_INED The Future of US Sanctions Policy On 7 November 2020, Joe Biden was announced the winner of the United States (US) election. Despite resistance from the Trump administration and allegations of voter fraud, the federal General Services Administration has officially recognised Joe Bid... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Fraud_and_financial_crime/The_Future_of_US_Sanctions_Policy 2021-04-12 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Fraud_and_financial_crime/The_Future_of_US_Sanctions_Policy CPS bolster efforts to tackle economic crime On 30 March 2021, the Crown Prosecution Service (‘CPS’) announced the launch of its very first economic crime strategy. The five year plan, which has been branded ambitious, highlights the agency’s aims in combating a broad range o... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Fraud_and_financial_crime/CPS_bolster_efforts_to_tackle_economic_crime 2021-04-12 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Fraud_and_financial_crime/CPS_bolster_efforts_to_tackle_economic_crime Nordic -Baltic Transaction Bulletin, March 2021 ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Global/lithuania/en/Nordic_Baltic_March_2021 2021-04-10 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Global/lithuania/en/Nordic_Baltic_March_2021 Returning to work as the English lockdown eases As the UK Government moves to step two of its Roadmap out of lockdown for England, how should employers respond as they contemplate returning some employees to the workplace? While organisations are familiar with the official “Working safely d... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Employment_and_labour_law/returning-to-work-lockdown 2021-04-09 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Employment_and_labour_law/returning-to-work-lockdown I may not be (vacc)seeing you anytime soon, is it worth the shot? The advent of the Covid-19 vaccine has raised many complex questions in the workplace. One such question entails whether employers are entitled to require their employees to take the Covid vaccine, failing which employees will not be allowed to phys... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/global/South-africa/I_may_not_be_vacc_seeing_you_anytime_soon_is_it_worth_the_shot 2021-04-09 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/global/South-africa/I_may_not_be_vacc_seeing_you_anytime_soon_is_it_worth_the_shot The Reimbursement of Maternity Leave Pay Scheme goes live Overview Statutory maternity leave (“ML”) has increased from 10 weeks to 14 weeks from December 11, 2020 as we have discussed in our <a href="https://www.eversheds-sutherland.com/... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/global/Hong-Kong/The_Reimbursement_of_Maternity_Leave_Pay_Scheme_goes_live 2021-04-09 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/global/Hong-Kong/The_Reimbursement_of_Maternity_Leave_Pay_Scheme_goes_live Union Connectivity Review The UK Strategic Transport Network vision Introduction A key objective of the UK Government’s ‘Build Back Better from COVID-19’ and levelling up economic recovery agenda is to boost transport connectivity through high quality transport infrastructure. Sir Peter Hendy&rsqu... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/union-connectivity-review 2021-04-09 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/union-connectivity-review New FCA and Pensions Regulator guide on supporting members with financial matters   Summary The Pensions Regulator and the Financial Conduct Authority (“FCA”) have issued welcome guidance in the form of their joint guide for employers and trustees (the “<... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Pensions/new-fca-regulator-guide 2021-04-09 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Pensions/new-fca-regulator-guide Why diversity and inclusion are regulatory issues Why are diversity and inclusion (D&I) regulatory issues? Nikhil Rathi, CEO of the UK Financial Conduct Authority (FCA), addressed this question in a recent speech at the launch of the HM Treasury Women in Finance Charter Annual Review. As Rath... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Why_diversity_and_inclusion_are_regulatory_issues 2021-04-08 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Why_diversity_and_inclusion_are_regulatory_issues Restoring Trust in Audit and Corporate Governance what it means for companies and directors In March 2021 the Department of Business, Energy & Industrial Strategy (BEIS) published its white paper “Restoring trust in audit and corporate governance”.  The white paper... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Corporate_Reporting_and_Audit 2021-04-08 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Corporate_Reporting_and_Audit Education briefing - Immigration round-up   Welcome to the first of our regular immigration round-ups, providing a helpful summary of what's new and in the pipeline for UK immigration, along with links to a wealth of detailed resources and courses at your disposal.  In this editio... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Education/EDU_-_Immigration_round 2021-04-08 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Education/EDU_-_Immigration_round Immigration round-up: March 2021  Welcome to the first of our regular immigration round-ups, providing a helpful summary of what's new and in the pipeline for UK immigration, along with links to a wealth of detailed resources... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Employment_and_labour_law/immigration-roundup-march21 2021-04-07 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Employment_and_labour_law/immigration-roundup-march21 High Court considers cut-off date and costs of advertising under a GLO  Weaver v British Airways Plc [2021] EWHC 2017 (2 February 2021) Facts of the case Following a cyberattack on British Airways (BA), large numbers of claims were made alleging that the attack’s success was a... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Weaver_v_British_Airways 2021-04-06 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Weaver_v_British_Airways Brexit Podcast: Subsidies State aid, or subsidy control, was one of the major sticking points in trade negotiations with the EU. The gap between the end of the Brexit transition period and new legislation, leaves subsidy control in limbo and clearer guidance is needed about ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Brexit/subsidies-podcasts 2021-04-06 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Brexit/subsidies-podcasts The Only Road to the New Normal Runs Through the Old Cities are machines for making high-speed history; vast crucibles where people work, play and invent the future together. Ten million minds are better than one. Mass housing, metros, tower blocks, theatre, plumbing, the department store, offices, st... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Real_estate/The_Only_Road_to_the_New_Normal_Runs_Through_the_Old 2021-04-06 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Real_estate/The_Only_Road_to_the_New_Normal_Runs_Through_the_Old The zero-tolerance policy ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Global/middle-east/The_zero_tolerance_policy 2021-04-05 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Global/middle-east/The_zero_tolerance_policy Payment Matters: No. 49 Welcome to the latest edition of Payment Matters, our regular legal update exclusively for organisations involved in the payments market. In this edition, we discuss the implications from developments and updates from the last three months that you ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Commercial/payment-matters-49 2021-04-01 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Commercial/payment-matters-49 Restoring Trust in audit and corporate governance: proposed Audit and Assurance Policy and an increased role for audit committees The latest in our series of briefings examining the UK Government White Paper on financial reporting reform - Restoring trust in audit and corporate governance examines the proposals for companies in scope to pub... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Corporate/Restoring-Trust-in-audit-and-corporate_governance 2021-04-01 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Corporate/Restoring-Trust-in-audit-and-corporate_governance Coronavirus - Phased reopening of the economy - Mauritius As Mauritius prepares itself for the First Phase of the partial reopening of its economy, as from 01 April 2021, the Temporary Restriction of Movement Order currently in force in Mauritius, which was scheduled to end on 25 March 2021 at 8 p.m. has c... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/coronavirus/Coronavirus-Phased-reopening-of-the-economy-Mauritius 2021-04-01 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/coronavirus/Coronavirus-Phased-reopening-of-the-economy-Mauritius