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The ECJ confirms that short term manipulation is prohibited

Herbert Smith Freehills LLP
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European Union
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November 17 2011

In July this year, the Court of First Instance of the Court of Justice of the European Union (the "ECJ") considered the interpretation of the market manipulation offence in the Market Abuse Directive (20036EC) ("MAD") in IMC Securities BV v Stichting Autoriteit Financiële Markten

General counsel update: 31 May 2012

Herbert Smith Freehills LLP
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Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
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May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

Spector Photo Group and Van Raemdonck v Commissie voor het Bank-, Financie- en Assurantiewezen (CBFA)

Herbert Smith Freehills LLP
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European Union
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February 16 2010

The European Court of Justice (ECJ) has published its judgment in the case of Spector Photo Group and Van Raemdonck v Commissie voor het Bank-, Financie- en Assurantiewezen (CBFA

Market abuse ECJ holds in Daimler case that steps preceding a decision may constitute inside information

Herbert Smith Freehills LLP
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European Union
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June 28 2012

The European Court of Justice has today given judgment in the case of Markus Geltl v Daimler AG C-1911, holding that information about intermediate steps taken in the context of a protracted process leading towards a future event or circumstance can be precise, and therefore “inside information”; and a “reasonable expectation” that an event will occur means that there is a realistic prospect, not a high probability, that it will occur

The ECJ rules that "use" of inside information may be presumed when a person in possession of such information deals

Herbert Smith Freehills LLP
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Belgium, European Union
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March 18 2010

The European Court of Justice's judgment in the case of Spector Photo Group and Van Raemdonck v Commissie voor het Bank-, Financie- en Assurantiewezen (CBFA) (Case C- 4508) reached a number of conclusions about the Market Abuse Directive ("the Directive") and its interpretation which may impact on the way in which European regulators approach enforcement action

Corporate crime update - July 2012

Herbert Smith Freehills LLP
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European Union, Germany, Iran, North Korea, Spain, Syria, United Kingdom, USA
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July 16 2012

The SFO has announced that it has obtained a civil recovery order against Oxford Publishing Ltd (OPL), a wholly-owned subsidiary of Oxford University Press (OUP

Market abuse: ECJ holds in Daimler case that steps preceding a decision may constitute inside information

Herbert Smith Freehills LLP
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European Union
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June 29 2012

In its judgment in the case of Markus Geltl v Daimler AG C-1911 yesterday, the European Court of Justice provided clarification on the requirement that information must be "of a precise nature" to be "inside information"

Review of 2009 and preview of 2010

Herbert Smith Freehills LLP
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European Union, United Kingdom
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January 15 2010

The transition from 2009 to 2010 sees some significant legislative chapters closing, notably the Companies Act 2006, Rome I and II, the Banking Act 2009 and the Lisbon Treaty

EU law does not preclude national legislation enabling competent authorities (FIU) to require provision of information direct from firms operating in jurisdiction without permanent establishment in the jurisdiction

Herbert Smith Freehills LLP
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European Union, Spain
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April 29 2013

The European Court of Justice (the Court) has ruled that EU law does not prevent Spanish legislation from requiring credit institutions (operating in

SFO investigations, bribery and corruption

Herbert Smith Freehills LLP
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Australia, European Union, United Kingdom, USA
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September 5 2012

The SFO has announced that Paul Jennings, former CEO of Innospec Ltd, has pleaded guilty to one charge of conspiracy to corrupt Iraqi public officials and other agents of the Iraqi Government

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The ECJ confirms that short term manipulation is prohibited

General counsel update: 31 May 2012

Spector Photo Group and Van Raemdonck v Commissie voor het Bank-, Financie- en Assurantiewezen (CBFA)

Market abuse ECJ holds in Daimler case that steps preceding a decision may constitute inside information

The ECJ rules that "use" of inside information may be presumed when a person in possession of such information deals

Corporate crime update - July 2012

Market abuse: ECJ holds in Daimler case that steps preceding a decision may constitute inside information

Review of 2009 and preview of 2010

EU law does not preclude national legislation enabling competent authorities (FIU) to require provision of information direct from firms operating in jurisdiction without permanent establishment in the jurisdiction

SFO investigations, bribery and corruption

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