Tag results for 'recovery'

Dispute resolution: redress and remediation in complex crypto litigation

Disputes involving crypto assets can have their own unique and sometimes novel challenges. To seek redress, litigants have had to rely on existing dispute resolution mechanisms and traditional legal remedies, with varying levels of success.

Released on Apr 15, 2024

The UK’s new failure to prevent fraud offence – should crypto firms brace for impact?

The United Kingdom recently introduced legislation which expands the scope of corporate criminal liability. The Economic Crime and Corporate Transparency Act 2023 (the Act) aims to strengthen the UK’s response to financial crime through an array of measures. For crypto firms, the primary touchpoints in the Act are the standalone provisions which concern crypto assets in Part 4. Those provisions are focused on the powers of UK law enforcement agencies to seize and recover crypto assets and enable the seizure and forfeiture of crypto assets believed to be the proceeds of crime, or which are connected to terrorism on reasonable grounds without first requiring a criminal conviction. This article, however, considers how the introduction in Part 5 of the Act of a new offence of failing to prevent fraud, that may have a wider impact on crypto firms and make it easier for criminal prosecutions to be brought against organisations.

Released on Apr 15, 2024

Ireland awaits the new EU Insurance Recovery and Resolution Directive

A new recovery and resolution framework for EU failing insurers and reinsurers is making progress, and is scheduled to be implemented by EU Member States by the end of 2024. The new framework (IIRD) includes regulatory tools to deal with distressed insurers such as solvent run-off, sale of the business, bridge undertaking, asset and liability separation and ‘bail-in’ (write-down and conversion).

Released on Aug 9, 2022