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Market abuse update - July 2016
The Market Abuse Regulation (MAR) and the Criminal Sanctions (Market Abuse) Directive came into application in Europe on 3 July 2016. Various …
#MAR_bitesize
Extra-territorial scope of MAR: impact on non-EU firms Article 2(4) of MAR applies the "prohibitions and requirements" within MAR to behaviour that …
Serious Fraud Office secures second Deferred Prosecution Agreement
London’s Southwark Crown Court recently approved only the second Deferred Prosecution Agreement (DPA) since the introduction of DPAs in 2014. Herbert …
#MAR_bitesize
Suspicious transaction and order reporting Under Article 16 of MAR, market operators and investment firms operating a trading venue1, and any person …
Herbert Smith Freehills launches 2016 guide to Financial Services Regulation in Asia Pacific
Herbert Smith Freehills LLP has launched its 2016 guide on Financial Services …
UK: Predictive coding ordered despite party’s objections
The High Court has ordered disclosure to be carried out using predictive coding despite a party's objections to the use of the technology: Brown v …
EU extends Russian sectoral sanctions
On 1 July, the Council of the EU announced that its sectoral sanctions against Russia (which were previously due to expire on 31 July 2016) …
#MAR_bitesize
MAR MONDAY On 3 July 2016, the EU Market Abuse Regulation (MAR) (EU 596/2014) replaced the Market Abuse Directive (MAD) and the current UK regimes for …
Proposed revamp of Hong Kong's regulatory structure for decision making in listing related matters
The Hong Kong Stock Exchange (the “Stock Exchange”) and the Securities and Futures Commission (“SFC”) have jointly announced proposals to revamp the …
Iran files case against the USA before the ICJ
In a press release published on 15 June 2016 (available here), the International Court of Justice ("ICJ") announced that Iran has instituted proceedings …
Material adverse change clauses – staging a return
Material adverse change (MAC) clauses aim to give buyers a right to withdraw from M&A deals on the occurrence of certain events that are …
Ensuring due process when regulators co-operate
Summary A recent Hong Kong judgment highlights the importance of ensuring due process when regulators exchange information with each other. Regulatory …
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