视点

Infrastructure Bottlenecks Loom for Green Hydrogen Imports in Europe

May 24, 2022

Obviously, interest in international trade of hydrogen is rising rapidly. New announcements of credible major export initiatives are occurring frequently. But there remain doubts about the rate of development of the infrastructure needed for importing hydrogen at scale, whether as hydrogen or via carriers such as ammonia.

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General Court Judgment in Canon – A Victory for Commission Gun-Jumping Enforcement

May 20, 2022

On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment, therefore vindicating the Commission’s aggressive stance on such breaches.

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SEC’s Proposed Amendments to Definition of ‘Exchange’: A Potential Game-Changing Impact on Crypto Companies

May 12, 2022

Partners Donna Parisi and Jennifer Morton co-authored an article for Reuters on the SEC’s proposed amendments to expand the definition of ‘exchange’ under the U.S. Securities Exchange Act of 1934, to include “communication protocol systems,” among other amendments, which could capture certain digital asset platforms, secondary trading platforms, and financial technology providers that do not function as exchanges, as currently defined, within the SEC’s jurisdiction.

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Navigating Legal and Compliance Challenges when Starting Out

May 12, 2022

Of Counsel Simon Dodds has written an article for Global Banking & Finance Review about the legal and compliance challenges for startups in the financial services sector.

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SEC Extends Comment Period for Proposed Climate-Related Disclosures

May 11, 2022

The SEC announced on May 9, 2022 that it has extended the public comment period on its proposed rules for climate-related disclosures until June 17, 2022.

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CMA Merger Control Jurisdiction to be Expanded Further

May 10, 2022

The U.K. Competition and Markets Authority (CMA) is expected to be granted wider jurisdictional powers for merger control enforcement in legislative proposals mentioned in today’s Queen’s Speech. The powers derive from the outcome of a consultation on reforming competition and consumer policy initially announced by the U.K. Government in April 2022.

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Developing an Energy Transition-Conscious Legal Roadmap for the Chemical Industry

May 09, 2022

The Chemical Industry Is the Largest Industrial Energy Consumer Worldwide. With a total gross value addition to the global economy of $5.7 trillion annually, equivalent to 7% of global GDP, the chemical industry is an integral part of the global economic landscape, permeating nearly every goods-producing sector while supporting 120 million workers worldwide.

视点

Sanctions Round Up: First Quarter 2022

May 03, 2022

The world’s response to Russia’s invasion of Ukraine dominated the first quarter of 2022, as the US and its international partners coordinated efforts to impose unprecedented sanctions designed to isolate the Russian Federation from the global economy. The sweeping measures include the freezing of Russia’s foreign held reserves, blocking sanctions on Russia’s largest banks and Russian elites, sectoral sanctions against major issuers, and strict trade restrictions to deprive Russia of key goods and services. Elsewhere, the Department of Justice terminated its controversial “China Initiative” while the SEC identified six Chinese companies for potential de-listing from US exchanges for non-compliance with US audit requirements. Meanwhile, the US imposed sanctions on more conventional targets this quarter, including North Korean and Iranian ballistic missile procurement networks. Finally, OFAC announced settlements with US and non-US companies for prohibited dealings with Cuba and Iran.

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SEC’s Division of Examinations Issues Risk Alert Regarding MNPI-Related Compliance Issues for Investment Advisers

May 02, 2022

On April 26, 2022, the Division of Examinations (the “Division”) of the Securities and Exchange Commission issued a Risk Alert listing notable examples of deficiencies that its staff has identified regarding investment advisers’ obligations to establish, maintain and enforce written policies and procedures to prevent the misuse of material nonpublic information (“MNPI”), as required by Section 204A of the Investment Advisers Act of 1940, as amended (the “Act”) and Rule 204A-1 thereunder (the “Code of Ethics Rule”).

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香港簿记建档和配售活动监管变化

April 29, 2022

2022年4月22日,香港联交所发布一份资料文件(“资料文件”),列出了为配合香港证监会发布的《证券及期货事务监察委员会持牌人或注册人操守准则》有关簿记建档和配售活动及“兼任保荐人”的新要求(“新准则条文”)而对《香港联合交易所有限公司证券上市规则》做出的修订(“上市规则修订”)。上市规则修订和新准则条文定于2022年8月5日生效,香港联交所亦特别设置了一系列过渡性安排以确保上述修订的顺利实施,见本文进一步详述。在发布资料文件的同时,香港联交所还刊发了一份常问问题解答(常问问题编号077-2022),为本轮上市规则修订提供了实用指导。