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Publications

Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Read our latest publications below.

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Employment-and-Immigration
24 Jun 2020

Health and Wellness – Employers Duties

With the current state of COVID-19, many employees are in the midst of now returning to work and others who have been working at home are returning to the workplace.

Listing Services
23 Jun 2020

The International Stock Exchange – The home of UK Real Estate Investment Trusts (REITs)?

Real Estate Investment Trusts (REITs) were introduced in the UK under the Finance Act 2006 on 1 January 2007 as globally recognised tax efficient structures for investment in UK real estate.

Mergers and Acquisitions (M&A)
19 Jun 2020

Warranty Claims: On time, but too late?

A recent decision in the English High Court highlighted the importance of buyers acting quickly if they become aware of grounds for a possible claim under a share purchase agreement. On the facts of the case, the court held that a warranty claim, which at first glance appeared to have been brought on time, had in fact been brought too late. This note considers how that judgment might affect deals in the Crown Dependencies.

Technology-and-Innovation
19 Jun 2020

Appleby authors Cayman Islands chapter of inaugural Blockchain 2020 Guide for Chambers Global

Appleby has authored the Cayman Islands chapter of Chambers and Partners’ inaugural “Blockchain 2020” guide. This first edition features 19 jurisdictions and covers key the topics of cryptocurrencies, stablecoins, initial coin offerings, non-fungible tokens, tax regimes, data privacy and protection, mining and staking, and decentralised financial platforms.

Regulatory Advice
18 Jun 2020

JFSC ‘turns up the heat’ on non-compliance

It cannot have gone unnoticed that the Jersey Financial Services Commission (JFSC) is taking an increasingly public stance with regard to regulated entities’ compliance with AML/CFT (Anti-Money Laundering/Combating the Financing of Terrorism) obligations, including the imposition of financial penalties.

Private Client Trusts
16 Jun 2020

Considerations for trustees during coronavirus (COVID-19)—the view from Jersey

Private Client analysis: Who saw a global pandemic coming in 2020? Was anyone ready for it? David Dorgan, partner at Appleby, Jersey discusses some of the relevant considerations and challenges for trustees during these unprecedented times of coronavirus (COVID-19). In particular, trustees need to be constantly mindful of their duties and obligations and be proactive in taking steps as required to ensure they adhere to their duties and obligations. In addition, social lockdown and remote working as a result of coronavirus has made many trustees question the formal requirements for trustees’ meetings, as well as the execution of trust documents.

Mergers and Acquisitions (M&A)
11 Jun 2020

Bermuda: Mergers & Acquisitions

This country-specific Q&A provides an overview to Mergers & Acquisitions laws and regulations that may occur in Bermuda.

Intellectual Property
8 Jun 2020

Data Protection in Bermuda: Overview

A Q&A guide to data protection in Bermuda. This Q&A guide gives a high-level overview of the data protection laws, regulations, and principles in Bermuda, including the main obligations and processing requirements for data controllers, data processors, or other third parties. It also covers data subject rights, the supervisory authority's enforcement.

BDA-1024x576
4 Jun 2020

Financial crime in Bermuda: overview

A Q&A guide to financial and business crime law in Bermuda. This Q&A gives a high level overview of matters relating to corporate fraud, bribery and corruption, insider dealing and market abuse, money laundering and terrorist financing, financial record keeping, due diligence, corporate liability, immunity and leniency, and whistleblowing.

Commercial Property
4 Jun 2020

Commercial leases in Jersey - Practical considerations arising from new guidance for the Covid-19 period

Tenants of commercial premises in Jersey suffering financial hardship may be considering, or may indeed have already approached their landlord with requests for rent relief. In response to the challenges faced by commercial tenants as a result of the current health crisis, the Government of Jersey has released Guidance on Commercial Leases.

IOM
4 Jun 2020

2019: The Isle of Man M&A year in review Part 1 – Why is it significant?

In this, the first of a two-part series, Garry Manley considers the significance of mergers and acquisitions (M&A) activity to the Isle of Man.  In the next edition, he will consider the trends that emerged from local M&A deals in 2019.

Dispute Resolution
4 Jun 2020

Choices of law, jurisdiction must be clear

Ideally, a contract will contain both a “choice of jurisdiction” and a “choice of law” clause, the latter of which is sometimes also referred to as a “governing law” clause.

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Throughout the year, we analyse a number of topics to provide expert insight into the world of offshore transaction and court decisions. Register to receive these updates straight to your inbox.