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Following on from our previous alert on the Insurance Act 2015 and the key advantages it offers to policyholders of commercial insurance, we have prepared a second alert looking at what might constitute the knowledge of the insured for the purpose of complying with the duty to make a fair presentation, and the possibility of contracting out from the provisions of the new Act. The Act is now in force in England and Wales, so…
The Insurance Act 2015 (the Act) came into force on 12 August 2016, introducing major changes in English law in relation to insurance and all forms of reinsurance. It applies to all contracts of insurance and reinsurance governed by English law entered into after 12 August 2016. This includes renewals, amendments and endorsements to existing contracts. Many articles and commentary have been published dealing with the new Act. Here, we wanted to draw the attention…
On 2 July 2015, the UK’s financial regulatory, the Financial Conduct Authority (FCA), published its annual report and accounts 2014/15. Overview  The annual report highlighted several areas in which the FCA has been active over the past 12 months, including: The use by the FCA of its new consumer credit powers The launch of ‘Project Innovate’ to encourage innovation in the financial services sector The FCA review into competition in the wholesale market Working towards…
As of April 1, 2015, the Financial Conduct Authority (FCA) has acquired new functions and powers in relation to competition including powers under the Enterprise Act 2002 (the 2002 Act) to conduct market studies and make references to the Competition and Markets Authority (CMA), and powers under the Competition Act 1998 (the 1998 Act) to investigate and enforce against breaches of UK and EU competition law. The FCA’s new powers are concurrent with the enforcement…
The UK’s Financial Conduct Authority (FCA) has published its Occasional Paper No. 9, setting out the results of the FCA’s research into how well customers understood structured products. The answer, according to the report, is not very well. The report found that, while investors’ expectations of growth in the FTSE were in line with the FCA’s assumptions, investors overestimated the likely returns on structured products based on the same indices. Click here to read…
On May 15, 2014, Maneesha Mithal, Associate Director of the Division of Privacy and Identity Protection at the Federal Trade Commission (“FTC” or “Commission”) testified, on behalf of the FTC, before the U.S. Senate Committee on Homeland Security and Governmental Affairs addressing the Commission’s work regarding three consumer protection issues affecting online advertising: (1) privacy, (2) malware and (3) data security. Below is a summary of the Commission’s testimony regarding these three key areas and…
This post was written by Joelle E.K. Laszlo. As competition for contracts with U.S. federal government agencies increases, companies that seek to maintain or increase their government sales may set their sights on states instead.  Indeed, this may already be happening: for one thing, more than 500 people attended the “How to Market to State Governments” conference held in March by the National Association of State Procurement Officials (“NASPO”), a record for the event.  While seeking…
This post was written by Cody Roberts, Gunjan Talati and David Cohen. The government is a frequent litigant as both a plaintiff and defendant on a variety of matters at any given time. Like many other litigants, the government sometimes finds itself needing litigation support. Litigation support contractors fill that need and, because of a new interim rule published February 28, 2014, the Department of Defense (“DoD”) is making it easier for such support…
This post was written by Terence Healy and Amy J. Greer. Mary Jo White promised Congress she would pursue a “bold and unrelenting” enforcement program as chairman of the Securities and Exchange Commission (“SEC”). Six months into her tenure, we should take her at her word. In public remarks this week, White reiterated her desire for the Enforcement Division “to be everywhere” and to be “felt and feared” in areas beyond where its resources can reach.…
On AdLaw By Request, partner Greg Shatan tells of his experiences in Durban while attending ICANN 47. During a jam packed Day 5, Greg reports back on the happenings at the Contractual Compliance Update, the IGO/INGO meeting, and the much-anticipated Generic Names Supporting Organization Council Meeting, as well as key developments related to ICANN’s Trademark Clearinghouse.…