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McCann FitzGerald

RIVERSIDE ONE, SIR JOHN ROGERSON'S QUAY, DUBLIN 2, IRELAND
Tel:
Work +353 1 829 0000
Fax:
Fax +353 1 829 0010
DX:
31 DUBLIN
Email:
Web:
www.mccannfitzgerald.com
Brussels, Dublin, London, New York

Rosaleen Byrne

Tel:
Work +353 1 607 1313
Email:
McCann FitzGerald

Work Department

Commercial Disputes, Administrative & Public Law, Competition, Regulated Markets & EU Law, Intellectual Property, Banking & Financial Services Disputes

Position

Rosaleen is a partner in the firm’s Dispute Resolution and Litigation Group. Rosaleen has almost 20 years’ experience of handling complex and large scale commercial disputes in a number of sectors including financial services, telecommunications, pharmaceutical, aviation and pensions. Rosaleen's practice has a particular focus on cases with a regulatory or economic aspect and encompasses investigations and enforcement actions. Rosaleen also advises clients on all types of intellectual property matters with a focus in recent years on patent litigation.

Career

Qualified in 1997

Education

Graduate of University College Dublin BCL - 1993, LLM, University College Dublin 1994, (Commercial Law), Postgraduate Dipoma in EC Competition Law - Kings College London 2002


Ireland

EU and competition

Within: EU and competition

McCann FitzGerald is noted for its expertise in investigations, trade association compliance advice, state aid and merger control, particularly in relation to the telecoms sector. Team head Philip Andrews is advising the Electricity Supply Board on the state aid and competition law aspects of its participation in the National Broadband Plan. Rosaleen Byrne and Catherine Derrig handle contentious regulatory and competition matters and senior associate Laura Treacy is also recommended.

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Public sector

Within: Public sector

McCann FitzGerald advises public sector clients across a range of areas, including justice, infrastructure, transport, energy, health and education. Sean Barton is advising the Courts Service on various matters including GDPR compliance and an ongoing project to consolidate and reform criminal procedure in the District Court. Eamonn O’Hanrahan and Jenny Mellerick are assisting Transport Infrastructure Ireland with the outsourcing of the operation of free-flow tolling on the M50, among other issues. Michelle Doyle, who advises on the regulatory framework for major infrastructure projects, and regulated markets specialist Rosaleen Byrne are also noted.

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Telecoms

Within: Leading individuals

Rosaleen Byrne - McCann FitzGerald

Within: Telecoms

McCann FitzGerald advises clients including fixed-line operators, mobile phone operators, broadcasters and regulators on a range of telecoms matters. Practice head Philip Andrews and senior associate Laura Treacy are acting for the Electricity Supply Board (ESB) in relation to the National Broadband Plan, and consultant Rosaleen Byrne and Catherine Derrig are advising ComReg on applications by eir for compensation for the net cost of providing universal service obligations. David Lydon heads the team.

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Legal Developments by:
McCann FitzGerald

Legal Developments in Ireland

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • LANDWELL Bulletin: Managing in a Downturn

    As we are all well aware this is the most turbulent climate for business both nationally and internationally, that any of us have experienced. We have therefore focused this bulletin on areas where we believe we can help you take decisive steps to manage the issues that are required to get through the downturn and be properly prepared for the future.
  • The Companies (Amendment) Act 2009

    The Companies (Amendment) Act, 2009 (the “Act”) was signed into law on 12 July 2009. The Act provides for signifi cant changes to company law compliance and enforcement. It gives increased powers of search and seizure to the Offi ce of the Director of Corporate Enforcement (“ODCE”) and expands disclosure obligations with regard to transactions between a company and its directors (including specifi c changes for licensed banks). The Act also relaxes the requirement that at least one director of an Irish company must be resident in the State.
  • New Rules for Acquiring Transactions in the Financial Sector

    In line with EU-mandated requirements, Ireland has introduced new rules governing acquisitions, in whole or in part, of certain regulated financial institutions.
  • Irish Merger Control: Review of Key Developments in 2008

    A 47% Year-on-Year Drop in the Number of Deals Notified: Reflecting the global decline in merger activity, the number of deals notified to the Competition Authority fell to 38 in 2008, a 47% decrease from 2007, when 72 deals were notified, and a more than 60% decrease from the 2006 peak of 98 notified deals.
  • European Communities (Takeover Bids (Directive 2004/25/EC)) Regulations 2006

    The EU Takeovers Directive (2004/25/EC) (the “Takeovers Directive”) has been transposed into Irish law by the European Communities (Takeover Bids (Directive 2004/25/EC)) Regulations, 2006 (S. I. No. 255 of 2006) (the “Takeovers Regulations”). The stated aim of the Takeovers Directive is to strengthen the Single Market in financial services by facilitating cross-border restructuring and enhancing minority shareholder protection. Many of the provisions of the Directive are already contained in the existing Irish regime for the supervision of takeovers set out in the Irish Takeover Panel Act, 1997 (the “Act”), the Takeover Rules, 2001 (the “Rules”) and the Companies Acts 1963 – 2005, which will continue to apply. The Takeovers Regulations cater for those areas not already dealt with in the existing regime or areas of the regime that needed to be adjusted as a result of the requirements of the Takeovers Directive.
  • Establishing a Retail Fund in Ireland for sale in Japan Fund Structures and Features

    The issuing of securities of offshore funds for public sale into Japan is governed by a combination of the Securities and Exchange Law of Japan (the "SEL") which is enforced by the Japanese Ministry of Finance ("MOF"), the Law Concerning Investment Trust and Investment Company of Japan (the "Investment Funds Law") which is enforced by the Financial Services Agency of Japan ("FSA").Establishing a Retail Fund in Ireland for sale in Japan Fund Structures and Features
  • Equality before the Law

    Employment Equality legislation in Ireland is to be found in the Employment Equality Act 1998 as amended by the Equality Act 2004. This legislation is extremely detailed but in effect makes it unlawful for employers to discriminate against a person on the basis of gender, marital status, family status, sexual orientation, religion, age, disability, race, and membership of the traveller community. These are referred to as the “discriminatory grounds”.
  • Enforcement of Foreign Judgments in Ireland

    The enforcement of judgments between the EU member states is regulated by the Brussels I Regulation (44/2001, OJL 12/1, 16 January 2001) (“the Regulation”). On the 22nd December 2000, the European Council agreed the Regulation to replace the Brussels Convention on Jurisdiction and Enforcement of Judgments 1968 (“the Brussels Convention”). The purpose of the Regulation was to bring the law contained in the Brussels Convention into the main body of EC Law. The Regulation was implemented in Ireland by Statutory Instrument 52 of 2002, European Communities (Civil and Commercial Judgments) Regulations 2002, which came into force on the 1st March 2002.
  • E-Discovery

    Unlike the United States, which is leading the way in relation to e-discovery and where the disclosure of electronic data has become standard procedure, as of yet there is no standard protocol or practice direction issued in relation to e-discovery in Ireland. Despite this fact, Irish lawyers are beginning to appreciate the invaluable nature of electronic data which can be retrieved and used in commercial litigation.
  • Disclosure Requirements with respect to Company Particulars

    Directive 2003/58/EC amending Directive 68/151/EEC (the “First Disclosure Directive”) became effective on 1st April, 2007 having been transposed into Irish law by the European Communities (Companies) (Amendment) Regulations 2007 (S.I. No. 49 of 2007) (the “Regulations”).