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  • John Breslin The 2015 decision of the UK Supreme Court in Bank of Cyprus UK v Menelaou highlights the utility of subrogation as a remedy where traditional mechanisms (damages, injunction) are inadequate. The case also highlights the developing role of the law of restitution. Subrogation and restitution are well-established doctrines in Irish law.
  • English and US law have been key in shaping deal mechanics in the region. Understanding the main principles is crucial
  • Daniel Futej Dalimir Jančovič The new act on local development fees came into force in Slovakia on November 1 2016. Under the act, a fee will be charged for certain construction activities that take place in municipalities and cities. The act is a response to the extensive development in towns and municipalities that need new infrastructure but do not have the finances to fund the building. Investors pay the fee, and local governments should use the revenue to build technical and social infrastructure.
  • New York state's proposed cyber security regulation for financial services companies is by far the most comprehensive set of digital security rules in the US. It has been met with scepticism by some though.
  • And so 2016 draws to a close. The financial world is not a significantly different place to what it was a year ago but there is a sense that changes are imminent. While there has been much debate, speculation and even fear surrounding the UK's exit from the EU and the election of a businessman to govern the US, the moment when concrete plans are to be set in motion has not yet even happened. Brexit and Trump – two of the most significant words of 2016 – are set to make their mark even more profoundly next year. The first one by posing legal and regulatory questions that the EU has so far never in its history had to answer, the second by promising to 'make America great again'.
  • Mozambique's government is struggling to reach consensus with a group of bondholders over a commercial debt restructuring plan. It might be the first case in a new wave of emerging markets gone wrong.
  • Private equity-backed Chinese enterprises have been on a global shopping spree this year. But the situation is not without its challenges
  • Fabiola Cammarota de Abreu Ricardo Lara Gaillard In August 2016, the tribunal of the Brazilian antitrust authority (the Administrative Council for Economic Defense or Cade) reversed a previous decision of its General Superintendence. This previous decision held that down payments violated the so-called gun jumping rules laid down in Cade's guidelines. In doing so, Cade issued its first precedent on the legality of a down payment and the payment of reverse break-up fees in M&A transactions, vis-à-vis the current gun jumping regulations.
  • The autonomous region's new resolution regime should smooth the way for wind-downs. Here’s how it would work in practice
  • There are calls for the regulatory focus in the financial services industry to shift away from the authorisation of products towards the needs of investors