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Ramos, Ripoll & Schuster | Mexico | 28 Sep 2021

Remote client onboarding for financial entities

The Department of Finance and Public Credit recently published various resolutions in the Official Gazette of Mexico to amend, add and derogate different provisions applicable to many financial institutions concerning the digital identification of clients. The provisions intend to include new technological mechanisms (eg, biometrics, proof of life and authentication factors) to enable......
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Kubas Kos Gałkowski | Poland | 28 Sep 2021

Pursuing reprivatisation claims in Poland just became harder

An act that amends the Code of Administrative Procedure, setting significant restrictions on claiming for the return of property seized by the state after World War II, recently came into force. It is already clear that the changes introduced may seriously affect court proceedings related to compensation for unlawfully issued administrative decisions. The new provisions will undoubtedly make......
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Ogier | Guernsey | 28 Sep 2021

Fund finance: Guernsey perspectives and updates

The global fund finance market has shown much resilience over the past 18 months. This article outlines the recent developments in Guernsey's fund finance market, including with regard to security and investor notices as well as general partner commitment and net asset value facilities.
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RPC | United Kingdom | 28 Sep 2021

Access all areas? Privilege, loss of confidentiality and missed opportunity

A recent decision has shown that privilege is not necessarily lost when an opposing party has had access to the privileged material. The purpose and context of the access will lie at the heart of the court's decision if a claim to privilege is disputed. This decision reinforces the position that although wholesale access to material may be provided, parties must separately consider the......
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Ogier | Jersey | 28 Sep 2021

Fund finance: Jersey perspectives and updates

The global fund finance market has shown much resilience over the past 18 months. This article outlines the recent developments in Jersey's fund finance market, including single investor strength, equity commitments, environmental, social and governance incentives, and hybrid and net asset value facilities.
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Fieldfisher | United Kingdom | 28 Sep 2021

High Court rules that damages are not adequate remedy for breach of franchise agreement

In a recent case, the High Court decided that damages were not an adequate remedy for the contractual breach of a franchise model. This case will reassure franchisors seeking to protect the reputation of their brand and franchise network against franchisees who fail to maintain the standards that they have invested time, money and effort in establishing.
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Gan Partnership | Malaysia | 28 Sep 2021

Having your day in court: litigation trends in Malaysia

In this interview, Gan Khong Aik, Foo Joon Liang and Bahari Yeow Tien Hong discuss how the courts adapted to the covid-19 pandemic and what the recent litigation trends in Malaysia have been and may be for the remainder of 2021. They also offer guidance to litigants about how to avoid common pitfalls in the process.
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Wolf Theiss | Hungary | 28 Sep 2021

Security interests in Hungary

To establish a valid security interest, a title instrument and an act of perfection (ie, an act of publicity) are required. This article discusses various details relating to security interests in Hungary, including the ranking of pledges and mortgages, trust and parallel debt issues, and security and loan transfers.
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Shearn Delamore & Co | Malaysia | 28 Sep 2021

Financial services update: qard, agent banking and legislative amendments

This article covers various recent updates in the financial services sector. These include the Shariah Advisory Council's ruling relating to qard, the issuance of an exposure draft aiming to enhance the role and effectiveness of agent banks, and amendments to the Guidelines on Sustainable and Responsible Investment Funds, the Capital Markets and Services Regulations 2012 and the Capital......
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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 27 Sep 2021

Question of fact or law – court sheds light on longstanding issue in Swiss patent law, or does it?

In a recent decision, the Federal Supreme Court dealt with the long-disputed question of whether the assessment of patent claims is fundamentally a question of law or a question of fact. In finding that the interpretation of patent claims must not be interpreted in an empirical but in a normative manner, the Court held that the interpretation of patent claims is a question of law.
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