Hot Topic: UPMIFA in the Context of Financial System Instability
Law School Toolbox Podcast Episode 384: Listen and Learn -- The Business Judgment Rule (Corporations)
Nonprofit Basics: Director Duties and Best Practices for the Typical Nonprofit Public Benefit Corporation
Bar Exam Toolbox Podcast Episode 184: Listen and Learn -- The Business Judgment Rule (Corporations)
Bar Exam Toolbox Podcast Episode 167: Listen and Learn -- Direct and Derivative Actions (Corporations)
Amy Shepherd of Ballard Spahr on care & leadership as a legal CMO - Passle CMO Series Podcast
The Year Ahead: Litigation Hot Spots at a Glance
Bar Exam Toolbox Podcast Episode 97: Listen and Learn -- The Reasonable Person Standard
Videocast: Asset management regulation in 2020 videocast series – Fiduciary investment advice: The patchwork emerges
Videocast: Asset management regulation in 2020 videocast series – The ADV season
The human element in your supply chain - There is little risk in claiming that ESG (Environment, Social, Governance) has been one of the most used acronyms over the last few years. Some salient examples that changed how...more
Directors’ duties and liabilities have always been at the forefront of corporate governance. It has become a hot topic in the wake of new regulations in the field of sustainability, which directly impact directors’...more
Three years ago, as part of the EU’s initiative on sustainable governance, the European Commission released a lengthy study on directors’ duties. The study affirmed what many already understood: corporate decision makers face...more
New High Court case considers nature and scope of the Quincecare duty - In June, the Court of Appeal expanded the scope of a bank’s duty of care to protect its customers from fraud to encompass instructions by those other...more
Privy Council rules against extension of the Quincecare duty - Does a bank owe a duty of care to a person who is the beneficial owner of funds held in the account of a customer of the bank and who has been defrauded by...more
In Tulip Trading Limited v Bitcoin Association for BSV, the High Court summarily dismissed Tulip's claim against certain bitcoin software developers and controllers. In doing so, the Court held that cryptoasset software...more
The UK government has introduced its Online Safety Bill to Parliament. The new Bill was amended at the last minute to include new online offences and greater obligations on technology providers to do more to prevent “harmful...more
On 23 February 2022, the European Commission ("Commission") issued its long-awaited Proposal for a Directive on Corporate Sustainability Due Diligence to tackle human rights and environmental impacts across global value...more
The EU is working on its next move toward sustainability and plans to oblige companies to address adverse sustainability impacts in their own operations and in their value chain. While the European Commission is working on...more
This year saw the UK grapple with life after Brexit and, along with the rest of the world, the impact of the continued COVID-19 pandemic. As 2021 draws to a close, we round up the key events and developments from the year in...more
On May 26, 2021, the Hague District Court ordered, in a groundbreaking decision, Royal Dutch Shell Plc to ensure that the aggregate annual volume of all carbon dioxide emissions of the Shell group, its suppliers, and...more
On 11 June 2021, the German Federal Parliament approved the draft bill on corporate due diligence in supply chains (Supply Chain Due Diligence Act), which was approved by the German Federal Council without any changes on 25...more
The proposals includes fines for non-compliance of up to the greater of £18 million or 10% of a provider’s annual global revenue. On 12 May 2021, the UK government published the Online Safety Bill (the Bill), which aims...more
On 29 April 2021, the Financial Services Bill received Royal Assent in the UK, becoming law as the Financial Services Act 2021 (the “Act”). This is the first significant step for the UK in shaping its financial services...more
Das Bundeskabinett hat am 3. März 2021 den Entwurf eines Gesetzes über unternehmerische Sorgfaltspflichten in Lieferketten („Sorgfaltspflichtengesetz“ oder „Lieferkettengesetz“) beschlossen („Regierungsentwurf“). Der...more
Recent years have seen a general move towards increased accountability and responsibility obligations imposed on businesses to respect human rights and prevent adverse impacts throughout the value chain. Nearly ten years...more
On March 10, 2021, the European Parliament approved a legislative measure by an overwhelming 504-79 majority that paves the way for a landmark set of regulations setting a corporate duty of care regarding environmental...more
Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more
Update confirms the introduction of an active “duty of care” and a dedicated regulator, as part of a comprehensive new online regulatory regime. Following a wave of commentary from industry, the social sector, and other...more
The FCA and the PRA published their Business Plans for 2019/20 in April 2019. FCA Priorities - As expected, with Brexit remaining a key focus, there are few new initiatives for this year. The FCA’s Business Plan sets...more
A report examining competition within the European syndicated loan market has been published, following a call by the European Commission for an examination of the sector. The report was prepared at the request of the...more
Setting the scene The long anticipated European Commission (DG COMP) report on "EU loan syndication and its impact on competition in credit markets" (see here) has finally been published. The study primarily focuses on the...more
UK government publishes Brexit white papers - The UK government has published two white papers, one on the future relationship between the UK and the EU and the other on legislating for the withdrawal agreement between the...more
Cybersecurity continues to be headline-grabbing news, particularly following recent reports of high-profile cyber attacks on a number of major well-known corporations. Conscious of their fiduciary duties, boardrooms of global...more
Three developments in the last two months suggest websites face greater liability for content authored by third parties in the European Union—including reader comments, posts on message boards and social networks, and search...more