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General counsel update - 6 July 2010

Overview

This briefing from Herbert Smith covers the following hot topics:

Developments of general interest
• Revised edition of the IBA Rules on the Taking of Evidence in International Arbitration
• FRC publication of new Governance Code
• Review of the UK takeover regime - Panel consultation paper
• The Coalition’s Programme for Government: employment law policies
• Whistleblowing: subjecting workers to detriment for whistleblowing in previous job is unlawful
• Without prejudice rule: no special exception for discrimination
• European financial stability measures and EU law
• Advocate General refuses to extend privilege to in-house lawyers under EU competition law
• New EU regime for vertical agreements in force
• Law Society opposes extension of legal privilege to non-lawyers
• Tax Emergency budget

Sector specific developments
• Third Parties (Rights Against Insurers) Act 2010 - A new landscape for insurance claims
• The new Energy Security and Green Economy Bill
• Alternative Investment Fund Managers Directive (AIFMD)
• Financial services regulatory architecture – sweeping reforms
• Catastrophe Events and Business Interruption Insurance
• Policyholders urge reform to law of non-disclosure
• Comparative advertising in the UK
• Trade mark co-existence agreements find support in the High Court
• Action required to preserve powers to refund surplus to the employer
• Emergency Budget heralds reform of high earner tax regime
• Court of Appeal rules on enforceability of compromise agreements which cover pension terms
• Public and administrative law - A new Bill of (Human) Rights?

International developments
• China - Easing foreign investment
• Draft Anti-Monopoly Law regulations
• Hong Kong - Crown Immunity subsists as part of the common law in Hong Kong and Government Agencies of the People’s Republic of China (PRC) sued in Hong Kong for commercial acts can claim immunity from suit

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