Company Law: Back To Basics – Optional Provisions Under The Companies Act 2014

The inclusion of “optional provisions” was one of the key innovations introduced by the Companies Act 2014.

In this episode, Suzanne Kearney and Tom Courtney focus on these statutory default provisions which apply and which govern a company’s internal administration, unless a company’s constitution provides otherwise.

Content moderation – Adopting a content moderation programme for the digital age

In this podcast, Rob Corbet, Partner and Head of the Technology and Innovation Group moderates a panel discussion on content moderation as part of our recent Digital Reform: Insights and Regulators’ Perspectives event.

The topics covered by the panel include key changes for content moderation programmes, considering AI in content moderation, new rules for content moderation, and content removal and governance obligations under the Digital Services Act.

The other speakers on this podcast include Olivia Mullooly, Partner and Head of our Intellectual Property team, Ciara Anderson and Rosemarie Blake, Senior Associates, Technology and Innovation.

Fintech and New Technology Regulation

In this podcast, Ian Duffy, partner in the Technology & Innovation Group and Ciara Anderson, senior associate in the Technology & Innovation Group, discuss new rules in technology regulation, including data protection, the Digital Operational Resilience Act and the Artificial Intelligence Act. They specifically hone in on technology service providers, the recent and emerging law in this space and how it is relevant to fintech providers.

IAF: Central Bank Enforcement Capabilities

One of the four key pillars of the new Individual Accountability Framework is stronger Central Bank enforcement capabilities.

In this podcast episode, Amelia Walsh and Deirdre O’Mahony discuss what the Central Bank of Ireland will be able to investigate individuals for under the new regime, including breaches of new conduct rules and the new duty of responsibility.

Company Law: Back to Basics – Piercing the Corporate Veil

In our latest Company Law: Back to Basics episode, Suzanne Kearney and Dr Tom Courtney discuss ‘Piercing the Corporate Veil’. They discuss the benefits of a company having separate legal personalities, while also identify the areas of risk reflecting on the rare case when the corporate veil is pierced and the court overrides the principle of separate legal personalities.

IAF: Central Bank Enforcement Capabilities

One of the four key pillars of the new Individual Accountability Framework is stronger Central Bank enforcement capabilities.

In this podcast episode, Amelia Walsh and Deirdre O’Mahony discuss what the Central Bank of Ireland will be able to investigate individuals for under the new regime, including breaches of new conduct rules and the new duty of responsibility.

Company Law: Back to Basics – Piercing the Corporate Veil

In our latest Company Law: Back to Basics episode, Suzanne Kearney and Dr Tom Courtney discuss ‘Piercing the Corporate Veil’. They discuss the benefits of a company having separate legal personalities, while also identify the areas of risk reflecting on the rare case when the corporate veil is pierced and the court overrides the principle of separate legal personalities.

Pensions and ESG

ESG or Environmental, Social and Governance factors have recently become a hot topic in the financial services and indeed in the pensions industry. But what are the legal obligations on trustees of occupational pension schemes in relation to considering ESG factors and implementing ESG decisions and is ESG here to stay?

In this audio briefing, Sarah McCague, partner, and Katie Lawless, Associate, talk about pensions and Environmental, Social and Governance factors known as ESG, whether pension schemes trustees have to consider ESG when investing, the interaction between ESG and IORP II legislation, Trustees’ fiduciary duties and ESG investment.

 

Company Law: Back to Basics – Director’s Duties

The Companies Act 2014 has recently been amended, requiring for the first time in statute that directors of companies, unable, or likely to be unable, to pay their debts must have regard to the interests of creditors.

In this episode, Suzanne Kearney, Of Counsel in the Corporate and M&A Department in Arthur Cox, and Tom Courtney, Partner, discuss Directors’ Duties, what these duties are and what they mean for companies and their directors. They will also discuss the most recent development in this area – the new statutory duty to have regard to the interests of the company’s creditors.

The Gender Pensions Gap

Sarah McCague, Partner, Pensions, is joined by Daniel Watters, Senior Associate, Pensions, to discuss the gender pensions gap, what the law says on the topic and whether the advent of auto-enrolment is likely to improve the situation.

Company Law: Back to Basics – Transactions & Arrangements with Directors and Connected Persons

In this ‘Back to Basics’ episode, Suzanne Kearney, Of Counsel in the Corporate and M&A Department in Arthur Cox, is joined by Aisling Carey, Professional Support Lawyer in the Corporate and M&A Department in Arthur Cox and Tom Courtney, Partner in Arthur Cox, to discuss Section 239 and Transactions with Directors and Connected Persons.

Ireland’s new pensions auto-enrolment system

On 29 March 2022, the Department of Social Protection published the Final Design Principles for the introduction of a pensions auto-enrolment system in Ireland.

Employment and HR Considerations of IAF and SEAR

The Minister for Finance, Pascal Donohue TD, published the long-awaited General Scheme of the Central Bank (Individual Accountability Framework) Bill 2021 in July of last year.

Tech Trackers: Regulation in the Digital World – Upcoming Changes to Content Regulation in Ireland

Once enacted, the Online Safety and Media Regulation Bill 2022 will significantly reform the regulation of online content in Ireland.

Financial Regulation Podcast Series: Ep 1 Trends and Priorities for 2022

The financial services landscape in Ireland has changed a lot in the last 4-5 years, and the last 12 months have seen continued regulatory developments and a lot of activity from the CBI.

Company Law: Back to Basics – Connected Persons and Substantial Property Transactions

In this ‘Back to Basics’ episode, Suzanne Kearney, Of Counsel in the Corporate and M&A Department in Arthur Cox, is joined by Aisling Carey, Professional Support Lawyer in the Corporate and M&A Department in Arthur Cox and Tom Courtney, Partner in Arthur Cox, to discuss Substantial Property Transactions between companies, their directors and persons connected with them.

IORP II

The IORP II Regulations are set to change the landscape of how Irish occupational pension schemes are operated and governed. In this audio briefing, Sarah McCague, Partner in our Pensions Group, will be talking about some of the key documents that trustees of occupational pension schemes need to get in place to ensure IORP II compliance in accordance with the Pensions Authority’s timeline.

Company Law: Back to Basics – Mergers

In the final Company Law: Back to Basics episode for 2021, Suzanne Kearney, Of Counsel in the Corporate and M&A Department in Arthur Cox, is joined by Aisling Carey, Professional Support Lawyer in the Corporate and M&A Department in Arthur Cox and Tom Courtney, partner in Arthur Cox to discuss mergers involving Irish companies.

Arthur Cox alliance Podcast Series: An Interview With BeLong To – LGBTI+ Life In Lockdown

In our inaugural alliance podcast episode, Keith Donaldson, alliance committee member, is joined by Matt Kennedy, Policy and Research Officer at BeLong To Youth Services, and Kate Cummins, Youth Worker at BeLong To Youth Services, to discuss the organisations work, particularly a recent report produced and released last year titled ‘The LGBTI+ Life in Lockdown’.

eSignatures

In this podcast Colin Rooney, Partner in the Technology and Innovation Group, will be discussing the use of electronic signatures with Maedhbh Clancy, Of Counsel in our Finance Department and Suzanne Kearney, Of Counsel in our Corporate and M&A Department.

Company Law: Back To Basics – Meetings

In the latest episode of our Company Law, Back to Basics series, Suzanne Kearney, Of Counsel in the Corporate and M&A Department, Aisling Carey, Professional Support Lawyer in the Corporate and M&A Department and Tom Courtney, Partner, discuss the topic of members and directors meetings in private companies.

Asset Management and Investment Funds Podcast – Irish Investment Limited Partnerships

In the latest episode of the Asset Management and Investment Funds Podcast, Sarah Cunniff, Partner, introduces an extract of the recording of a specific webinar on Irish Investment Limited Partnerships which was broadcast on 15 January 2021 and in which Dara Harrington, Partner, and Ian Dillon, Partner, participated. Sarah is also joined by Tara O’Reilly, Partner, who provides some updates since the webinar was first broadcast.

Asset Management and Investment Funds Podcast: Liquidity Risk Management

In this episode, Sarah Cunniff, Partner, introduces an extract of the recording of the specific webinar on the Central Bank thematic review on liquidity risk management which was broadcast on 29 May 2020 and in which Dara Harrington, Partner, discussed these requirements.

Company Law: Back to Basics – Summary Approval Procedure

In the fourth episode of our Company Law: Back to Basics series, Suzanne Kearney, Of Counsel, is joined by Aisling Carey, Professional Support Lawyer, and Tom Courtney, Partner, to discuss the Summary Approval Procedure, or SAP as it is often referred to.

Asset Management and Investment Funds Podcast: Annual Investment Manager Presentation

In this episode, Sarah Cunniff, Partner, introduces an extract of the recording of the specific webinar on 24 April 2020 on the requirement to conduct an annual investment manager review as per the Central Bank’s guidance CP86. This webinar was presented by Kevin Murphy, Partner and Co-Head of the Asset Management and Investment Funds Team.

Asset Management and Investment Funds Podcast: Central Bank Review of CP86 Implementation Update

In this first episode, Sarah Cunniff, Partner, introduces an extract of the recording of the specific webinar on the CP86 findings which was broadcast on 23 October 2020 in which Partners Cormac Commins and Dara Harrington also participated.

Company Law: Back To Basics – Directors’ Compliance Statements

In this episode, Suzanne Carey and Aisling Carey, both Professional Support Lawyers, are joined by Tom Courtney, a partner here at Arthur Cox and the author of the Law of Companies, regarded as the leading text on company law in Ireland. Tom also chaired the Company Law Review Group, or CLRG as it is known, for 18 years, the group who recommended the structure and content of what is now the Companies Act 2014.

Company Law: Back to Basics – Directors Conflict of Interest

In the second episode of our new series of audio briefings looking at legal and regulatory developments from a corporate law perspective, Suzanne Kearney and Aisling Carey are joined by Dr Tom Courtney, author of The Law of Companies, regarded as the leading text on company law in Ireland.

Data Protection Commission: Emerging Views on Legal Privilege

Can you claim legal privilege over documents in a Data Protection Commission investigation? How does the DPC assess claims to legal privilege? What, if anything, can we learn about the DPC’s developing views on legal privilege from it’s 2020 annual report? In this episode, Sinéad Reilly, Professional Support lawyer is joined by Richard Willis, Partner, Litigation, Dispute Resolution and Investigations to answer these questions.

Health and Safety Group Audio briefing Series – Episode Three: Employment Update

In this episode, Kevin Langford, a partner in the Employment Law group at Arthur Cox is joined by Sarah Faulkner, associate in the Employment group, to examine some key considerations for employers in the context of their obligations to maintain a safe place of work while employees are working remotely.

Data Protection Commission Investigations: Insights from the Annual Report

What does the 2020 Data Protection Commission’s annual report tell us about the approach, the views, the strategy of the Data Protection Commission? To discuss this, Sinéad Reilly is joined by Colin Rooney, a partner in our Technology and Innovation team; Richard Willis, a partner in our Litigation, Dispute Resolution and Investigations team; and Rachel Barry, an associate in our Employment team.

 

Corporate and M&A Update – January and February 2021

In this episode of the Corporate and M&A Update, Suzanne Kearney and Aisling Carey, both Professional Support Lawyers in the Corporate and M&A Department at Arthur Cox, look at some of the recent developments in the areas of company law, corporate governance and equity capital markets.

Business Interruption Insurance Update

In this episode Joanelle O’Cleirigh, a partner in the Litigation, Dispute Resolution and Investigations team here at Arthur Cox is joined by Richard Willis and Mick Twomey, also partners in the Litigation, Dispute Resolution and Investigations team, and Jennifer McCarthy, Head of our Insurance and Reinsurance team, to discuss business interruption insurance and the widely reported High Court decision in the FBD case.

Health and Safety Group Audio Briefing Series – Episode Two: Construction Update

This second episode of our series focuses on the construction sector and Niav O’Higgins, Partner, Brian Gillespie, Associate, and Katrina Donnelly, Professional Support Lawyer, from our Construction Group, discuss how the industry has adapted to COVID-19 and how to manage the associated risks, together with a timely reminder of the risks associated with working at height, one of the more significant hazards for those working in construction.

The Arthur Cox Regulatory Investigations Review – The Year Ahead

In this first episode of our new podcast series “The Arthur Cox Regulatory Investigations Review”, Sinead Reilly, a Professional Support Lawyer at Arthur Cox, is joined by Jennifer McCarthy, Head of our Insurance and Reinsurance Group; Rob Cain, the Head of our Financial Regulation Group; and Richard Willis from our Litigation, Dispute Resolution and Investigations group. The team discuss what sectors are on the CBI’s radar for 2021, what’s happening with business interruption insurance, where we’re at with the differential pricing review and when we are likely to see legislation on SEAR.

The impact of Brexit on the insurance sector in Ireland

Catherine Wolfe and Niall Guinan, associates in the Arthur Cox Insurance and Reinsurance team, discuss recent developments in relation to the impact of Brexit on the insurance sector in Ireland.

Health and Safety Group Audio Briefing Series – Episode One

In this episode, Deirdre O’Mahony, Partner, Litigation, Dispute Resolution, and Investigations and Alan Coyne, Associate, Litigation, Dispute Resolution, and Investigations discuss HSA inspections including the powers of the HSA and what you can do to ensure that you are prepared for an inspection by the HSA, be it a COVID-19 inspection, a routine inspection or a non-routine inspection.

Corruption Risk – Key Practical Steps for Business

In this audio briefing, Deirdre O’Mahony (Partner) and Sinéad Reilly (Professional Support Lawyer) discuss the heightened risk of corrupt activity in times of crisis and disruption and the steps that companies and other organisations can take to mitigate those risks.

COVID-19 Practical Considerations: New targeted measures to assist residential tenants and uncertainty regarding commercial tenancies removed

In this audio briefing, Dearbhla Considine, Professional Support Lawyer in the Real Estate team, is joined by Órlaith Molloy, Real Estate Partner, to discuss some of the key changes to residential landlord and tenant law that our clients need to be aware of.

FCA Business Interruption Test Case

To discuss the business interruption insurance test case recently heard by the English High Court, Sinéad Reilly, the Professional Support Lawyer in our Litigation, Dispute Resolution and Investigations group, is joined today by Niall Guinan, an Associate in our Insurance and Reinsurance group.

Commencement of the Consumer Insurance Contracts Act 2019

In this audio briefing, Catherine Wolfe, an associate in the Insurance and Reinsurance team, will discuss some of the key legislative changes that will shortly come into effect under the Consumer Insurance Contract Act 2019.

Impact of COVID-19 on the operation of the courts and on litigation in Ireland

To discuss the impact this has had, Sinéad Reilly, the Professional Support Lawyer of the Litigation, Dispute Resolution and Investigations team is joined by Richard Willis (Partner, Litigation, Dispute Resolution and Investigations), Jillian Conefrey (Senior Associate, Litigation, Dispute Resolution and Investigations) and Eileen Burns (Head of Legal Tech and Innovation Services) who really have been at the front and centre of this change in the last number of months.

Government Proposals for Insurance Reform

In this audio briefing, Catherine Wolfe, an associate in the Insurance and Reinsurance team, looks at the new Government’s extensive agenda for insurance reform.

LIBS Leadership Series Ep 4: Rachel Hussey

Episode 4 in the London Irish Business Society Leadership Series features an interview with Rachel Hussey, Partner and Head of Business Development at Arthur Cox and Chair of the 30% Club Ireland.

Criminal Liability for Company Managers

Can a compliance officer be prosecuted where the organisation that employs him or her has committed a regulatory offence? What about a health and safety manager where the organisation has breached health and safety law – can he or she be prosecuted? In this briefing, Sinéad Reilly explores the answer to these questions, with reference to a recent Supreme Court decision– DPP v TN.

Corporate Crime Audio Series: Mandatory Reporting Obligations for Companies

This is the second update in the Corporate Crime Audio Series and in this briefing, Tara Roche, Associate in the Litigation, Dispute Resolution and Investigations Group, discusses mandatory reporting obligations for companies, and in particular obligations under Section 19 of the Criminal Justice Act 2011. This section was introduced to facilitate the investigation and prosecution of corporate crime offences.

Update on UK FCA Business Interruption Test Case

In this audio briefing, Niall Guinan, Associate in the Insurance and Reinsurance Group, discusses developments in the UK in relation to the contested area of business interruption insurance policies in light of the current pandemic crisis.

Corporate Crime Audio Series: Investigations

In this audio briefing, Joanelle O’Cleirigh, Partner in the Litigation, Dispute Resolution and Investigations Group, discusses how companies have seen a significant increase in the need for investigations in the Corporate Crime area. Joanelle also covers four topics in relation to considering whether you need to carry out your own investigation.