DLA Piper

Experts

38

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Aditi Tulpule
Legal Director
DLA Piper
Andreas Gunst
DLA Piper
Andrew Dyson
Partner
DLA Piper
Anna Kovaleva
Legal Advisor
DLA Piper
Barry Fletcher
International Arbitration Senior Knowledge Development Lawyer
DLA Piper
Christian Keogh
Associate (Qualified in New South Wales)
DLA Piper
Daniel Reis
Lawyer - Intellectual Property and Technology Partner
DLA Piper
David Smith
DLA Piper
Emer McEntaggart
Senior Associate
DLA Piper
Gavin Woods
Partner
DLA Piper
Giordana Babini
Trainee Lawyer
DLA Piper
Giulio Coraggio
Partner
DLA Piper
Hayley Kinsey
Legal Assistant (Qualifying Solicitor)
DLA Piper
Kathryn Ward
Of Counsel
DLA Piper
Kirsty Gray
Associate
DLA Piper
Kit Burden
Partner
DLA Piper
Mark Franklin
DLA Piper
Mike Conradi
Partner
DLA Piper
Nick Hipwell
DLA Piper
Noy Trounson
Barrister
DLA Piper
Oliver Saunders
Legal Director
DLA Piper
Patricia Taylor
Solicitor (Associate)
DLA Piper
Peter Elliott
DLA Piper
Puesan Lam
Solicitor
DLA Piper
Richard Sterneberg
Partner and Head of Global Government Relations
DLA Piper
Ruth Hoy
Partner
DLA Piper
Sam Millar
DLA Piper
Sarah Kelly
Associate
DLA Piper
Sarah Smith
Legal Director
DLA Piper
Thea Barseghyan
Lawyer
DLA Piper
Tony Katz
DLA Piper
Yapa Thepkanjana
Lead Lawyer
DLA Piper
Contributions by DLA Piper

16

Bank Recovery and Resolution Directive (EU BRRD)—technical standards and guidelines
Bank Recovery and Resolution Directive (EU BRRD)—technical standards and guidelines
Practice notes

The Bank Recovery and Resolution Directive 2014/59/EU (EU BRRD) establishes a framework for the recovery and resolution of investment firms and credit institutions and sets out a common resolution regime in the EU that allows authorities to deal with failing institutions and creates a dialogue and system of cooperation between home and host authorities. This Practice Note looks at a number of technical standards and guidelines issued by the European Banking Authority (EBA), as mandated by the EU BRRD (as amended by Directive 2019/879 (EU BRRD II)).

Health and safety requirements—preparing to begin works and setting up the site
Health and safety requirements—preparing to begin works and setting up the site
Practice notes

This Practice Note looks at the key health and safety considerations of the contractor in preparing to begin work on a construction project and in setting up the site.

Invoice discounting and factoring
Invoice discounting and factoring
Practice notes

This Practice Note explains the differences between invoice discounting and factoring (as well as considering the difference between disclosed and confidential facilities). It explains the process and documentation involved in relation to invoice discounting and factoring. It also looks at the dilutions and challenges to ownership of a receivable and considers the role of UK Finance.

MiFID II & MiFIR—third-country regime
MiFID II & MiFIR—third-country regime
Practice notes

This Practice Note provides an overview of the third-country regime that was introduced by the revised and recast Markets in Financial Instruments Directive 2014/65/EU (MiFID II) and the Markets in Financial Instruments Regulation 600/2014 (MiFIR), which entered into force on 2 July 2014 and repealed and replaced the Markets in Financial Instruments Directive 2004/39/EC (MiFID I) with effect from 3 January 2018.

Receivables financing—insolvency issues
Receivables financing—insolvency issues
Practice notes

This Practice Note covers insolvency issues arising in receivables finance situations. Topics covered include security, the order of distributions, appointment of an administrator, antecedent transaction claims and insolvency set-off.

The EU’s Single Rulebook
The EU’s Single Rulebook
Practice notes

In June 2012, the European Council proposed the establishment of the European Banking Union as part of a longer term vision for further economic and monetary integration for all EU Member States in the eurozone (an economic and monetary union of the EU Member States). A core element of the Banking Union consisted of the development of a Single Supervisory Mechanism (SSM), establishing the European Central Bank as the overarching prudential supervisor of significant eurozone banks. This Practice Note looks at the Single Rulebook, which is used under the SSM with the intention of achieving a uniform prudential regulatory framework throughout the EU financial sector, creating greater consistency, transparency and efficiency.

The EU’s Single Supervisory Mechanism
The EU’s Single Supervisory Mechanism
Practice notes

The European Union is in the process of developing the European Banking Union, which is underpinned by a single regulatory rulebook for financial services. This is intended to promote the integration of banking supervision within the EU. Central to the European Banking Union is the Single Supervisory Mechanism (SSM) (established by Council Regulation (EU) 1024/2013 (the SSM Regulation)). The SSM is designed to ensure that supervision of credit institutions is coherent, effective and consistent with the functioning of the internal market for financial services and the free movement of capital. This Practice Note provides an introduction to the SSM and looks at its application, scope and time frame for implementation.

The regulation of electronic money institutions—essentials
The regulation of electronic money institutions—essentials
Practice notes

As a result of a European Commission report in October 2008 which stated that the first Electronic Money Directive was holding back development of the e-money market, a second Electronic Money Directive (2EMD) was adopted by the European Parliament and the Council on 16 September 2009 which repealed the original Electronic Money Directive. European Member States were required to transpose the new directive into national law by 30 April 2011. This Practice Note looks at the key changes that the 2EMD introduced to the e-money regulatory landscape. This Practice Note also considers how the UK authorities implemented the 2EMD through secondary legislation, principally the Electronic Money Regulations 2011, SI 2011/99 (EMRs 2011), as well as changes to the rules and guidance published by the Financial Services Authority (FSA) (predecessor to the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA)). It also looks at the changes made to the EMRs 2011 by the Payment Services Regulations 2017 (PSRs 2017) made as a result of amendments to the 2EMD by the recast Payment Services Directive (PSD2). It also discusses the impact of the UK’s decision to leave the EU has had on the UK’s e-money regulatory requirements.

The role of National Grid in the Great Britain energy market
The role of National Grid in the Great Britain energy market
Practice notes

This Practice Note summarises the various roles of National Grid, and National Grid owned bodies, in the GB energy market. It includes discussion of National Grid Electricity Transmission plc (NGET), National Grid Gas (NGG), ELEXON, National Grid as Electricity Market Reform (EMR) Delivery Body, and National Grid plc. It also includes coverage of distinction between National Grid’s electricity transmission owner (TO) and electricity system operator (SO) roles and the anticipated upcoming split of these TO and SO roles between NGET and the newly incorporated National Grid Electricity System Operator Limited (NGESO).

The Single Resolution Mechanism
The Single Resolution Mechanism
Practice notes

A core element of the EU Banking Union is the Single Resolution Mechanism (SRM), which along with the Single Supervisory Mechanism (SSM), creates the basis for the foundation of an Euro-zone Banking Union. This Practice Note looks at the SRM, which allows for the resolution of banks covered under the SSM to be managed in a timely and efficient way through the Single Resolution Board and Single Resolution Fund.

Asbestos indemnity for when seller is in breach
Asbestos indemnity for when seller is in breach
Precedents

This asbestos indemnity can be used in the sale and purchase agreement and asset purchase agreement when the target company is in breach of the Control of Asbestos Regulations 2012, for example not having an asbestos register or if asbestos remedial work is required. It assumes the definition terms which would be defined in such an agreement, such as ‘Properties’ and ‘Completion Date’.

CRC clauses for corporate transactions [Archived]
CRC clauses for corporate transactions [Archived]
Precedents

This Precedent has been archived and is not maintained. This Precedent contains the following CRC clauses for a share sale agreement (a) CRC warranties and (b) a clause that can used when the Buyer organisation is a participant in the CRC Energy Efficiency Scheme and the target company is not the sole participant in the Scheme in its Group, but is a separate participant from the rest of the Group, or a ‘participant equivalent’.

Environmental clauses for a facility agreement
Environmental clauses for a facility agreement
Precedents

This Precedent contains representations, warranties and environmental covenants for insertion in a Facility Agreement.

Environmental indemnity for a share purchase agreement
Environmental indemnity for a share purchase agreement
Precedents

The scope of this indemnity is quite extensive but it is drafted reasonably. It can be made more or less stringent as required. It is drafted to be contained within a Share Purchase Agreement and accordingly assumes the definition terms which would be defined in the Share Purchase Agreement, such as "Completion" and "Property". If there is to be a separate deed then the document will require tailoring as relevant.

Environmental indemnity for an asset purchase agreement
Environmental indemnity for an asset purchase agreement
Precedents

The scope of this indemnity is quite extensive but is drafted reasonably. It can be made more or less stringent as required. This is drafted to be contained within an Asset Purchase Agreement and accordingly assumes the definition of terms which would be defined in the Asset Purchase Agreement, such as ‘Assets’, ‘Completion’ and ‘Property’. If there is to be a separate deed then the document will require tailoring as relevant.

Contributions by DLA Piper Experts

31

Air passenger rights in the EU
Air passenger rights in the EU
Practice notes

This Practice Note provides an overview of air passenger rights in the EU. It provides guidance on the key definitions, general principles, key requirements and enforcement of air passenger rights in the EU. It covers rights of air passengers in case of cancellation, delay, denied boarding, or lost baggage. It also provides guidance on the legislation on passengers with reduced mobility.

An Introduction to Electricity Licensing in Great Britain
An Introduction to Electricity Licensing in Great Britain
Practice notes

This Practice Note describes the key features of the regime for electricity licensing in Great Britain (GB). It covers the general requirements set out in the Electricity Act 1989 for entities undertaking certain activities in the GB electricity market to hold a licence, the power to grant licences and the process through which this occurs. It includes coverage of the electricity supply licence, electricity distribution licence, electricity transmission licence (system operator and system owner), interconnector licence, and smart metering communications licence. It also addresses the circumstances in which an exemption from the general requirement to hold a licence may exist and the process of ‘Licence Lite’ available in the electricity supply sector.

Bringing a residential tenancy to an end in Scotland
Bringing a residential tenancy to an end in Scotland
Practice notes

This Practice Note considers the methods of bringing a private sector residential tenancy to an end in Scotland both in respect of those entered into before and after 1 December 2017. Different methods apply in relation to social housing which are not covered within the scope of this Practice Note.

Commercial property rent review disputes—Scotland
Commercial property rent review disputes—Scotland
Practice notes

This Practice Note provides an overview of rent review clauses in commercial leases and their operation. It also provides an outline of the procedures used for settling rent review disputes by way of arbitration or expert determination.

Commercial property service charge disputes—Scotland
Commercial property service charge disputes—Scotland
Practice notes

This Practice Note considers the issues arising in commercial service charge disputes in Scotland. It does not consider disputes with factors or service charge in the residential context.

Cryptoassets from a consumer protection perspective
Cryptoassets from a consumer protection perspective
Practice notes

This Practice Note provides an overview of the key risks for consumers from cryptoassets, the current protections available and potential improvements that can be made to the regulatory regime.

Dealing with social media influencers—Portugal
Dealing with social media influencers—Portugal
Practice notes

This Practice Note is aimed at brands wishing to engage with influencers (or other talent) for particular social marketing campaigns and advertising promotions in Portugal. It covers: the applicable legal framework in Portugal, what kind of publications are regulated (including what constitutes a ‘commercial communication’ for the purposes of regulation), disclosure requirements, additional requirements where publication deals with consumer credit, health claims, alcohol, minors, and betting and gambling. The Practice Note also covers sanctions and risks, and key provisions in Portugal focused agreements.

Disputes in assignation and subletting leases in Scotland
Disputes in assignation and subletting leases in Scotland
Practice notes

This Practice Note examines the distinction between assignation and subletting of leases in Scotland, landlord's consent, and the respective remedies open to a landlord and tenant in the event that the other party breaches its obligations under the lease with regards to assignation or subletting.

Eligibility and selection in public procurement—exclusion criteria
Eligibility and selection in public procurement—exclusion criteria
Practice notes

This Practice Note is the first of two Practice Notes summarising the law in relation to assessing eligibility to participate in a public procurement process under the Public Contracts Regulations 2015. It examines the mandatory grounds for exclusion as well as the discretionary grounds, including exclusion for past poor performance, as well as the provisions for avoiding exclusion via ‘self-cleaning’ measures.

Eligibility and selection in public procurement—selection criteria
Eligibility and selection in public procurement—selection criteria
Practice notes

This Practice Note is the second of two Practice Notes summarising the law in relation to assessing eligibility to participate in a public procurement process under the Public Contracts Regulations 2015. It examines selection criteria that may be adopted, the means of proof, how clarification may be sought for incomplete, erroneous and/or missing information and how the number of eligible bidders invited to tender may be limited. This Practice Note concludes with a checklist of the key considerations for assessing eligibility.

EU Regulation on deforestation-free supply chains
EU Regulation on deforestation-free supply chains
Practice notes

This Practice Note covers the requirements of Regulation (EU) 2023/1115 of the European Parliament and of the Council of 31 May 2023 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation (the EU Deforestation Regulation or EUDR). The Regulation imposes obligations on operators and traders to ensure that certain forest-derived products placed on the EU market, or exported from the EU, are deforestation-free, have been produced in accordance with environmental and human rights legislation in their country of origin, and are accompanied by a due diligence statement to ensure supply chain transparency. This Practice Note covers the EUDR’s scope, requirements relating to due diligence, risk assessment, risk mitigation, and information gathering, the role and powers of national competent authorities, related customs procedures, access to justice, and penalties for non-compliance.

Insurance Act 2015 (IA 2015)—essentials
Insurance Act 2015 (IA 2015)—essentials
Practice notes

The Insurance Act 2015 (IA 2015) represents the most comprehensive update of the statutory framework of English law for insurance contracts since the Marine Insurance Act 1906 (MIA 1906). This Practice Note considers the key provisions of the IA 2015 and how they will reform the law. This Practice Note also consider reforms to the Third Parties (Rights Against Insurers) Act 2010 introduced by the IA 2015 and changes to the law on damages for late payment of insurance claims, introduced by the Enterprise Act 2016 as Part 13A of the IA 2015.

IR35—the large and public client off-payroll regime
IR35—the large and public client off-payroll regime
Practice notes

This Practice Note considers the IR35 rules that apply when a public authority or a medium or large private sector entity with a UK connection engages an off-payroll worker through their own personal service company (PSC). These rules assign the responsibility for assessing whether IR35 applies to the end client (or another intermediary). This Practice Note explains how the regime operates, considers the detailed information requirements, such as the ‘status determination statement’, and also sets out the consequences of non-compliance. This Practice Note was produced in partnership with David Smith of DLA Piper.

Irritancy in commercial leases—Scotland
Irritancy in commercial leases—Scotland
Practice notes

This Practice Note considers the law of irritancy in the context of commercial leases in Scotland. In particular, it considers the differences between legal and conventional irritancies, irritancy procedure, defences and the effect of irritancy on sub-leases and charge-holders.

Key challenges in technology sourcing transactions
Key challenges in technology sourcing transactions
Practice notes

This Practice Note identifies and explains significant contractual issues arising in technology sourcing transactions and how to address them, providing analysis and links to key material.

Lease break option disputes—Scotland
Lease break option disputes—Scotland
Practice notes

This Practice Note considers break notices in the context of commercial leases in Scotland and in particular mandatory requirements, errors in expression, the identities of parties, service and the withdrawal of break notices. The Note does not cover break notices in agricultural leases.

Negotiating with hyperscalers and major cloud service providers
Negotiating with hyperscalers and major cloud service providers
Practice notes

This Practice Note explores the implications of the involvement of hyperscalers and major cloud service providers in IT outsourcing and market practice in the negotiation and drafting of affected agreements from a UK buyer’s perspective.

Overview of UK implementation of the Consumer Credit Directive [Archived]
Overview of UK implementation of the Consumer Credit Directive [Archived]
Practice notes

This Practice Note provides an overview of the implementation of the Consumer Credit directive in the UK; the key changes made by the Consumer Credit Directive and the Financial Conduct Authority regime for consumer credit.

Multi-sourcing (towers) agreement
Multi-sourcing (towers) agreement
Precedents

This is a precedent multi-sourcing (towers) agreement under which the customer appoints a supplier to provide one or more service towers under the management of a separate service integration and management (SIAM) provider appointed separately by the customer. It is drafted in favour of the customer and includes GDPR-compliant data processing provisions.

Notice of termination of lease—Scotland
Notice of termination of lease—Scotland
Precedents

This Style is a letter notifying a tenant of the irritancy of a lease. A pre-irritancy warning letter must have been served on the tenant prior to the service of this notice and the breach must not have been remedied in the interim.

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