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Improving communications with DC members

The Government issued a consultation paper last week exploring how to improve the annual statement that all occupational and personal pension schemes are required to provide to DC members in order to increase member engagement and understanding. The...




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Pension dates in December

Although it’s nearing Christmas, it’s not quite time for trustees and sponsors to down tools yet. There are still some things to think about this year and some key pensions dates in December. (And we’re not even talking about the g...




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Global Pensions Agenda - December 2019

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Cases for Christmas – some last minute pension treats

The run-up to Christmas has seen a couple of important legal cases for pension schemes. Neither should spoil your Christmas celebrations, but they’re worth knowing about for 2020! Limits on PPF protection The European Court has reached a decis...




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UK Pensions Agenda - January 2020

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Trusteeship and accreditation: where are we now?

This speedbrief outlines the current state of play on some important issues relating to trusteeship, following on from the Pensions Regulator’s Future of trusteeship and governance consultation response this month and recent ind...




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Consultation on the Pensions Regulator’s new DB Funding Code - What you need to know

The Pensions Regulator has published the first of its long awaited consultations on a new DB Funding Code. This consultation covers the principles underpinning the Regulator’s approach. A second consultation will follow later in the ...




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Coronavirus: what pensions steps should you take now? - UK

The speed and size of the impact of Covid-19 on the UK is stunning – we now see businesses closing, stock markets falling and much of the population staying at home. There’s so much to take in - this speedbrief will help you understand t...




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Coronavirus - The Pensions Regulator’s guidance on COVID-19 - UK

The Pensions Regulator recognises that these are “unprecedented times” and that trustees and employers are facing significant and complex challenges across a range of issues including administration, investment, funding and employer cove...




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Coronavirus - Pensions and COVID-19 - Netherlands

Most people will be reluctant to consider the possible consequences for retirement, in respect of the COVID-19 outbreak. However, this is not justified. As more and more people in the Netherlands are becoming infected with the virus and are adv...




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Coronavirus Job Retention Scheme: key pensions issues - UK

On Thursday 27 March, the UK Government released fuller details of the new Coronavirus Job Retention Scheme (or “Furlough Scheme”) first announced on Friday 20 March, with guidance being published for both employers and Full Article



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Coronavirus – podcast on implications for pensions – UK

In the latest edition of our "Barker's Dozen" 13-minute pensions podcast series, François Barker and two partners explore the coronavirus outbreak and its implications for UK pensions. We will follow this podcast with a series ...




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Coronavirus - Pensions webinar series - UK

COVID-19 has changed the legal and practical ground rules for pensions and employment – certainly in the short term and quite possibly over the longer term too. In our series of pensions webinars, our team will help you navigate the ...




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Pensions Regulator’s expectations on funding and communications in a crisis

The Pensions Regulator has issued its 2020 annual funding statement which provides more guidance for plans going through a valuation process and new Full Article



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Coronavirus - Litigation during lockdown – South Africa

Litigation can continue during lockdown – subject to certain provisons contained in the directions (“the Directions”) published by the Minister of Justice and Correctional Services, in Government Gazette – No 11066 on 26 Marc...




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Coronavirus - Compliance risks for companies under the Infection Protection Law - Germany

I. Introduction The Covid-19 pandemic poses new challenges to society as a whole and to each individual. The rapid spread of the virus is currently prompting political decision-makers to react just as quickly by developing and adopting new measures...




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Coronavirus - Webinar - Listen again - In-depth insights and practical advice regarding Force Majeure, Frustration and reconsidering Commercial Contracts – UK

Listen as our panel answer some of the most common questions clients have asked us over recent weeks as well as digging into more detail around how your business should proceed with specific legal and technical challenges. A recording of the session...




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Safety Considerations: Premises Closure

Overview for owners and occupiers 1. Introduction 1.1. In the current climate many businesses are faced with the difficult decision as to whether they can continue with their operations at this unprecedented time; none more so than those who operate...




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Coronavirus (Scotland) Act (“the Bill”): Protection from Irritancy

In light of the Covid-19 outbreak both the UK and the Scottish Government have introduced measures to give both private and business tenants temporary protection from eviction and irritancy. Of particular interest for businesses is the extension of ...




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Coronavirus (Scotland) Act (“the Bill”): Protection from Irritancy

In light of the Covid-19 outbreak both the UK and the Scottish Government have introduced measures to give both private and business tenants temporary protection from eviction and irritancy. Of particular interest for businesses is the extension of ...




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How the coronavirus pandemic will affect the Serious Fraud Office

It is becoming abundantly clear that the world as we know it will never be the same after the global coronavirus pandemic given the impact it has already had upon our daily lives, families, communities and the global economy. People have been forced...




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Coronavirus – Functioning of courts: impact of COVID-19 on procedural time limits and functioning of courts in the Russian Federation - Russia

By Decree No. 206 On Declaring Non-Working Days in the Russian Federation dated 25 March 2020 ("Decree No. 206") the President of the Russian Federation announced that from 30 March 2020 until 3 April 2020 would be considered non-working days in the...




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Considerations for food businesses operating during COVID-19

From 20 March, UK pubs, restaurants and cafes have been closed as part of the government response to COVID-19. In an effort to stay afloat many food businesses are looking to diversify, with some offering takeaway and pick up services for the first ...




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Temporary relaxation of drivers’ hours

In response to unprecedented pressures on supply chains, the Department for Transport (DfT) has introduced a temporary relaxation of the enforcement of EU drivers hours and GB drivers’ hours rules in England, Scotland and Wales, initially in p...




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Lawbite: Trespassers can still be evicted – possession proceedings during the Coronavirus pandemic

Practice Direction 51Z: Stay of possession proceedings, Coronavirus The Coronavirus pandemic is having an effect on all areas of our lives, including the property world. Following Government announcements last month Practice Direction (‘PD&rs...




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New Certificate required for the Lockdown Extension

Businesses seeking exemption to perform essential services have previously had to register on the government’s BizPortal website, but their current certificates are no longer valid as the initial 21-day lockdown period for which they applied, ...




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Coronavirus - Podcast series: Environment, Health and Safety (EHS) team address questions about COVID19 - UK

Episode 4 - COVID-19 webinar - When does a pandemic crisis spell disaster? - May 4 Listen to the replay of Eversheds Sutherland's episode 4 podcast providing guidance on at what stage does the pandemic crisis spell disaster. Reputations will be ma...




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More Bucks than Fizz, the Law Commission's SAR reform report

Zia Ullah, Head of the Firm’s Corporate Crime & Investigations practice, and Ruth Paley, Of Counsel, take a look at the Law Commission’s report into SARs reform published this morning, and consider the implications for the regulated ...




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Serious Fraud Office clarifies its view of “cooperation”

The SFO finally issues long-awaited definitive guidance as to the expectations for corporate defendants seeking to gain cooperation credit The Serious Fraud Office (SFO), the UK authority responsible for prosecuting and investigating serious or com...




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AML compliance burden on UK financial institutions intensifies as new rules on third country local law conflicts bite

As additional EU rules come into force requiring UK credit and financial institutions with branches and subsidiaries in third countries to identify local law conflicts with group-wide AML policies and procedures, Zia Ullah and Ruth Paley of Evershed...




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EBA publishes ambitious workplan for 2020, warning that it cannot be a ‘supervisor of supervisors’ and hinting that further centralisation may be the only way to ensure a ‘truly European approach’ to AML/CTF

As the European Banking Authority publishes a wide-ranging workplan for 2020, Zia Ullah and Ruth Paley explain the EBA’s role and its forthcoming programme, and take a look at the substance of the developments planned for the next twelve month...




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Credit and Financial Institutions take note of new opinion on risks of money laundering in the EU financial sector published by European Supervisors this week

As the three European Supervisory Authorities (ESAs) publish a new joint opinion on money laundering and terrorist financing (ML/TF) risks affecting the EU financial sector, Zia Ullah and Ruth Paley take a look at the key risks, noting ...




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OFAC encourages communication regarding compliance concerns related to COVID-19

The Office of Foreign Assets Control (OFAC) has encouraged the communication of any OFAC compliance concerns related to COVID-19. As part of this, OFAC has provided the following guidance and contact information. Sanctions Programmes Fact Sheet On 1...




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Coronavirus - How to use fraud prevention controls to protect your business from scams – Global

Since the outbreak of  the coronavirus pandemic just a few months ago, unfortunately we have seen a continuous rise in coronavirus related frauds targeting individuals, businesses and health authorities. Recent estimates suggest that already ov...




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Quarterly Fraud and Corruption Enforcement update - April 2020

Please click here to download our quarterly Fraud and Corruption Enforcement update. Here we provide a quick overview of the recent key developments relating to criminal investigations and e...




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Financial crime systems and controls during coronavirus situation

As the FCA publishes new information on financial crime expectations for firms’ systems and controls during the coronavirus crisis, Ruth Paley and Hayley Astles of Eversheds Sutherland take a look at the key points for regulated firms to note....




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Selection criteria that could deter foreign tenderers - the Advocate General’s opinion (Case C 199/07)

In this briefing from our procurement group, Paul James examines the Advocate General’s opinion regarding the treatment of foreign tenderers. Introduction In accordance with the EC Treaty principles, all potential tenderers in the market mus...




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Selection criteria that could deter foreign tenderers - the Advocate General’s opinion (Case C 199/07)

In this briefing from our procurement group, Paul James examines the Advocate General’s opinion regarding the treatment of foreign tenderers. Introduction In accordance with the EC Treaty principles, all potential tenderers in the market mus...




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Draft Public Contract Regulations 2015

The UK Government has published the eagerly awaited draft regulations to implement the new Public Sector Directive. Consultation will be open until 17 October 2014. You can respond to: transposition@cabinet-office.gsi.gov.uk The Consultation Documen...




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Case comment: R (on the application of Kim Alexander Gottlieb) v Winchester City Council [2015] EWHC 231 (Admin)

A Councillor has successfully applied for judicial review of a decision by his own council to vary a contract for the development of a mixed retail, residential and transport hub in Winchester. The High Court ruled that the variations to the contrac...




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New guide (TCC) sets out the recommended pre-action process for parties to follow in a procurement dispute

On 17 July 2017, a new Appendix H to the Technology and Construction Court Guide was published which provides guidance on procedures for public procurement cases (the “Guide”). Although this detailed procedural guidance is likely to prove usefu...




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France – Private enforcement of competition law: French Supreme Courts dismisses nullity and follow-on damages claims of EDF and ERDF

On 13 September 2017, EDF and ERDF lost their fight to declare null and void the contracts they entered into further to bids that were rigged by Nexans France (“Nexans”), Prysmian Energies Câbles et Systèmes (“Prysmian...




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An alternative purchase price mechanism for M&A transactions

This article examines an alternative to the two predominant purchase price mechanisms used in M&A transactions in South Africa. When applied correctly, it leads to an expedited determination of the final purchase price and allows for flexibility...




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Private Companies in South Africa: Practical and Legal Considerations Concerning Acquisitions and Disposals

Mergers and acquisitions (“M&As”) involving privately held companies in South Africa entail various legal, financial and other issues. Advanced preparation and an understanding of the fundamental practical and legal issues concerned ...




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Coronavirus - Managing the health of your M&A transactions - UK

While companies are trying to find ways to ensure health and well-being of their work-force and align those measures with business continuity as usual, it is equally important that deal managers look out for risks associated with the spread of virus...




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Coronavirus – M&A transactions part 1 – Germany

  Coronavirus: effect on M&A sales process The implementation of sales processes is currently facing particular challenges: bidders are dropping out, financing can no longer be implemented, the business plans of the targets can no longer be...




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Coronavirus – M&A transactions part 2 – Germany

Coronavirus: withdrawal from the SPA - MAC clauses in the sales contract What is the rule in the USA is rather rare in Germany; so-called Material Adverse Change clauses (or MAC clauses), which grant the buyer a right to withdraw from the purchase...




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Daughter of Uyghur Historian Questions Legitimacy of State Media Video Denying His Detention

Iminjan Seydin appeared in a video praising the government after he was missing for three years.




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China's Recovery May Boost Carbon Emissions

A record decline in greenhouse gas could be followed by a larger increase as the economy rebounds, energy experts warn.




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EU Allows China to Edit Op-Ed Article, Removing Mention of Virus Origins

The EU's ambassador made a 'mistake' in giving the go-ahead for the censorship, officials say.