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Articles

The Smart Bets for SFC Enforcement Trends in the Year of the Horse

By Ashurst

While the SFC's consultation conclusions may soften the proposed requirement or adapt to industry comments, it is unlikely to be "scratched" from the field in its entirety. Potential change on this front, and the need to incorporate some form of suitability criteria into client agreements is therefore likely to be a starter in the Year of the Horse.

Articles

Interest Rate Derivatives Cartel: Commission Imposes the Highest Fines (thus far)

By Morais Leitão, Galvão Teles, Soares da Silva & Associados, Lex Mundi member firm for Portugal

Recently, the European Commission adopted decisions against the cartels in Euro and Yen interest rate derivatives, imposing fines to banks and financial institutions. These fines are the highest imposed by the Commission in cartel cases to the present day. These decisions illustrate the intense and added scrutiny to which the financial sector has been subjected by competition authorities in the EU and elsewhere.

Articles

More Prisa, Less Pausa

By Yosbel A. Ibarra

Cubans say the changes to their country’s socialist economic model will happen sin prisa, pero sin pausa – without hurry, but without pausing. That may be a good – or perhaps necessary – political strategy.

Articles

Switzerland - International Civil Procedure

By André Brunschweiler, Sandrine Giroud, and Catherine A. Kunz

Switzerland has a civil law legal system, at the crossroads between Germanic and French legal traditions. The organization of the Swiss legal and judicial system reflects the political and federalist structure of Switzerland. Civil procedure is primarily regulated by the Swiss Code of Civil Procedure (SCCP), which entered into force on 1 January 2011. It provides a unified set of rules regulating civil procedure. The SCCP aimed to eliminate these obstacles by unifying the civil procedural laws. It largely draws on existing cantonal codes, particularly those of the Swiss-German cantons. This article first sets out the legal framework applicable to civil procedure in Switzerland. It then presents the judicial organization in Switzerland and, finally, addresses selected issues of Swiss civil procedure.

Articles

If Your Company Is Investigated In China... Reacting to Dawn Raids

By Squire Sanders

In the wake of recent investigations into business activities in China, companies and their investors have asked how to respond to a “dawn raid” by authorities in China. PRC law provides for the rights and protections listed in this article. Your ability to implement and enforce these rights will depend, naturally, upon the circumstances and the willingness of the authorities to comply, but the starting point is to know your position under applicable law.

Articles

Gearing Up for a New Market Abuse Regime (UK)

By Allen & Overy

The EU has just edged closer towards finalising its new market abuse regime with the European Parliament giving its backing to the political agreement reached on a new Market Abuse Regulation. This is set to replace existing UK civil rules in this area and will not depend on separate implementation by member states.

Articles

Tax Deduction for Regulatory Capital – The Regulations Have Landed (UK)

By Allen & Overy

HMRC has issued long-awaited draft regulations aimed at providing a new tax regime for regulatory capital issued in line with the Capital Requirements Regulation (CRR) element of the Capital Requirements Directive IV (CRD IV) package of regulatory reform. The regulations are to be enacted under Finance Act 2012.

Articles

Second Amendment to the Legal Regime of Municipal Services of Public Water Supply, Urban Waste Water Treatment and Urban Waste Management

By Morais Leitão, Galvão Teles, Soares da Silva e Associados, a Lex Mundi member firm for Portugal

On 6 March 2014 Law no. 12/2014 was published. This Law amends, for the second time, the legal regime of municipal services of public water supply, urban waste water treatment and urban waste management, which was approved by Decree Law no. 194/2009, 20 August, and first amended by Decree-Law no. 92/2010, 26 July.