The risks associated with special purpose vehicle company purchases.

Hot on the heels of Irish legislation to facilitate redomiciliation (as reported in last month’s Hedgeline) the Malta Financial Services Authority of Malta has published its own guidelines for the redomiciliation of offshore funds on 8 January.

As a property litigator, over the past couple of years I have noticed a marked change in the nature of cases landing on my desk; more contested dilapidation claims, challenges on the validity of break options and claims against former tenants and guarantors.

A provision, criterion or practice which applies to all irrespective of race but which puts persons of a particular racial, ethnic or national origin at a disadvantage (without justification), constitutes indirect race discrimination.

The changes introduced by the amendments to the 1987 Use Classes Order have restricted flexibility in the use of properties, particularly those operating in the evening economy market such as casinos, nightclubs, restaurants and pubs.

Two key defendants in the Galleon insider dealing case pleaded not guilty in a New York courtroom on 22 December.

Employees whose babies are due to be born on or after this Sunday, 5 October, will benefit from the changes to the Sex Discrimination Act 1975 which came into force in April this year.

New case law has recently extended discrimination protection in two ways.

BREEAM (the ‘Building Research Establishment Environmental Assessment Method’) is widely used in the UK construction industry to assess the environmental performance of new buildings.

The statutory right to request flexible working is only available at present to parents with a child under 6 years or with a disabled child aged up to 18 years and, since 6 April 2007, to employees who are caring for an adult.

Enacted two years ago to enhance the competitiveness of the Swiss funds industry, the Swiss Collective Investment Schemes Act (CISA) has been responsible for a large rise in the number of qualified investor funds, according to the Swiss Funds Association (SFA).

Following the extension of its short-selling disclosure rules for financial stocks last month, the FSA has published a new paper proposing that short positions in all listed UK stocks should be disclosed.

The Irish hedge fund industry has welcomed a law passed by the Irish government on 18 December which will make re-domiciliation of funds to Ireland simpler and more efficient.

Switzerland’s Federal Council has released a report, (16 December), which notes that the Alternative Investment Fund Managers (AIFM) Directive as currently proposed discriminates against non-EU managers, and expressing the concern that the directive would see fund managers leaving Switzerland with repercussions for the Swiss economy.

The Securities and Exchange Commission announced on 11 January that it had charged two Florida based investment advisers misleading investors about the financial condition of three hedge funds they managed, and misrepresenting that they controlled the funds' investment and trading activities when in fact they were being handled by another party – one Arthur G. Nadel.

In a letter to the Alternative Investment Management Association, the FSA has urged hedge funds not to attempt to circumvent the current ban on short-selling in financial stocks, using supposed loopholes described on some websites.

The UK Serious Fraud Office (SFO) arrested two men and searched residential properties as part of its investigation into an alleged fraud involving hedge fund Weavering Capital.

The FSA is proposing to extend the duration of its disclosure rules for short-selling in financial stocks.

The Financial Services Authority has hired consultancy CRA International to produce an impact assessment on the proposed EC Directive for Alternative Investment Fund Managers (AIFM).

In June 2009 the WHO raised the swine ‘flu alert to level 6 the highest level, indicating a pandemic caused by the H1N1 virus.