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The European Securities and Markets Authority (ESMA) has published its Final Report on Greenwashing (Final Report).   

Welcome to the second edition of the Travers Smith Outsourcing Spotlight. With an election due in July, we look at the likely impact of a Labour Government on outsourcing in the UK.

This update provides a brief summary of some notable recent developments from an international sanctions perspective. This includes the publication of a 'Tri-Seal Compliance Note' by certain government bodies in the US, emphasising the potential applicability of US sanctions to non-US persons and the corresponding risks of non-compliance, the impact of the EU's new "no Russia" law, which requires certain contractual obligations to be satisfied when exporting specific goods from the EU, and  the EU's new directive imposing criminal liability on those looking to circumvent its sanctions regime.

What does the new Digital Markets, Competition and Consumers Act 2024 mean for competition law enforcement? Our five key takeaways are below, covering the substantive reforms made to investigations across the UK competition law sphere.

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A regular briefing for the alternative asset management industry. 

The Government intends pensions dashboards to bring about a fundamental change in the way individuals access information about their pensions, allowing people to see all of their future pension entitlements in one online place.

The Digital Markets, Competition and Consumers Act 2024 (DMCC Act) has received Royal Assent. Among other things, it will make major changes to the UK's consumer protection regime.

The new Digital Markets, Competition and Consumers Act 2024 implements the most extensive changes to the UK competition law (and consumer protection) landscape since the Enterprise Act brought about wholesale change to the merger control regime over 20 years ago, back in 2002. 

Head of Finance Charles Bischoff, Partner Danny Peel and Senior Counsel Laura Smith have contributed to the recently published International Comparative Legal Guide on Lending & Secured Finance.

This article was first published in the May 2024 issue of Butterworths Journal of International Banking and Financial Law.

In this In Practice article we will explore the benefits of obtaining a rating for a subscription facility. By reference to ratings criteria announced by the main agencies, we will explore how the limited partnership agreement, side letters and the related finance documentation are analysed to arrive at a rating.

As part of its attempt to reduce the amount of EU derived law in the UK, the Government has launched a consultation on whether to repeal the Commercial Agents Regulations. Among other things, these Regulations enable certain sales agents to claim substantial sums from the business that they act for when the agency comes to an end.

A recent dispute over whether a consumer had won £1 million in an online game has some important lessons for B2C businesses and their online terms and conditions, particularly when errors or software glitches occur. Ariana Shaw, a trainee in our Technology & Commercial Transactions team, provides a visual guide to the case, which involved the former National Lottery operator Camelot.

The European Securities and Markets Authority (ESMA) has published its final guidelines on fund names using ESG or sustainability-related terms (Guidelines). The Guidelines are primarily motivated the ESMA's desire to combat greenwashing and are intended to specify the circumstances where the fund names using ESG or sustainability related terms are unfair, unclear or misleading.

Two recent High Court decisions illustrate the approach of the English courts to the construction of clauses arguably conferring exclusive jurisdiction for disputes on foreign courts. The High Court concluded that it should override the exclusive jurisdiction clause in Zephyrus but it would not have been prepared to do so in EuroChem. In each case, the High Court ultimately concluded that it had jurisdiction in relation to the parties' dispute.

Key employment and business immigration developments for employers.

A regular briefing for the alternative asset management industry. 

HMRC have published a Revenue & Customs brief outlining a change in the VAT treatment of voluntary carbon credits (VCCs).