Business Law and Corporate Law

The Irish High Court has addressed a fundamental question about legal advice privilege in corporate law: can a company assert privilege against its own shareholders? This decision examines the controversial 'shareholder rule' and its compatibility with the principle of separate legal personality established in Salomon v Salomon, following the Privy Council's recent rejection of this rule in England and Wales.

France has enacted Law No. 2026-122, establishing a groundbreaking confidentiality regime for in-house legal counsel opinions, addressing a longstanding competitive disadvantage faced by French companies in cross-border disputes.

Legal privilege in tax matters operates differently across jurisdictions, and understanding these distinctions is critical for protecting confidential communications.

When a Forex or CFD broker's written agreement states "execution-only" service, but account managers regularly recommend specific trades, position sizes, and additional deposits, does the contractual label reflect reality? This analysis examines the critical distinction between genuine execution-only services and situations where firms may be providing investment advice without proper regulatory safeguards, and why the actual communications between broker and client can matter more than the written terms.

Die ESMA hat klargestellt, dass Event Contracts mit binärem Auszahlungsprofil als Derivate unter bestehende EU-Produktinterventionsmaßnahmen fallen und deren Vertrieb an Retail-Kunden EU-weit verboten ist. Unternehmen, die solche Produkte oder vergleichbare Prediction-Market-Instrumente anbieten, müssen ihre Produktklassifizierung, Vertriebskanäle und MiFID-II-Zulassungsstatus dringend überprüfen und dokumentieren.

Germany's transition period for Payment for Order Flow (PFOF) has ended, and BaFin has issued detailed supervisory guidance outlining prohibited circumvention structures and expectations for PFOF-free business models. The regulator applies an economic substance test that looks beyond mere form, requiring firms to justify fees in vertically integrated groups and trace orders through intermediary chains back to retail clients.

Dutch tax authorities have issued new guidance clarifying the comparability criteria for foreign pension funds seeking exemptions from Dutch corporate income tax and dividend withholding tax. The guidance addresses whether minimum age and income thresholds, as well as voluntary additional contributions, prevent foreign pension schemes from qualifying for Dutch tax relief.

On 26 February 2026, Directive (EU) 2026/470 of the European Parliament and of the Council of 24 February 2026, also known as the Omnibus I Directive...

To benefit, the IP owner must also meet the nexus requirement — i.e., the IP income must come from its own R&D activities (or outsourced to unrelated parties) that created the IP.

Two young women launched an Instagram account to foster inclusion and understanding of marginalized groups in German society, quickly attracting corporate attention for diversity workshops. As their platform grew to over 75,000 followers, they sought to transform their social media presence into an official nonprofit organization. McDermott's legal team provided pro bono counsel to guide them through the complex startup formation process in Germany.

A closer look at the International Non Profit Accounting Standard (INPAS), its practical impact, and key consideration for local non profits.

The legal framework governing trusts in Cyprus is based on The Trustees Law, Cap. 193, ("The Trustees Law"), which is largely based on the English Trustee Act of 1925 and on The International Trusts Law...