Defensive meaning

Although Minister for Finance, Paschal Donohue, did not reference a targeted DWT exemption for investment ILPs in his Budget Day address, the Finance Bill released on 16 October 2025 did include such a measure, sought by several industry bodies on which A&L Goodbody participates. The draft provisions would extend the existing DWT exemptions in section 172C of the Taxes Consolidation Act 1997 (Ireland) (TCA 1997 (IRL)) to encompass ‘relevant distributions’ received by an ILP, or an ‘equivalent partnership’ authorised in the EEA, where specified qualifying conditions are satisfied. Once enacted, the new exemption will apply to relevant distributions made on or after 1 January 2026. Background to introduction of exemption ILPs serve as a key Irish holding vehicle for private assets. It is common for ILPs to route investments through several lower-tier investment subsidiaries (SPVs), with SPV profits returned to the ILP by way of dividends. This structure can be adopted for a variety of reasons, including to minimise risk by segregating assets, to meet regulatory requirements, etc....

What are the practical implications of this case? Section 110 of the German Code of Civil Procedure (ZPO) obliges claimants domiciled outside the EU/EEA, upon request, to furnish security for the respondent’s litigation costs. This rule also applies by analogy in proceedings for the recognition and enforcement of arbitral awards and serves to shield respondents from the risk that a later costs award cannot be executed abroad. The FCJ has now clarified that where a treaty-based exemption is available (such as Article 17 of the 1954 Hague Convention on Civil Procedure) the assessment is purely formal. Under Section 110(2) No. 1 ZPO, the sole question is whether Germany remains internationally obliged to waive security for costs. Sanctions, political frictions, reciprocity concerns or expected enforcement hurdles overseas do not change that position. So long as the treaty is formally in force, the exemption prevails. For respondents, this meaningfully limits defensive strategies in award recognition and enforcement proceedings. Applications seeking security for costs cannot be used as a tactical lever grounded...

The Wolfsberg Group In a statement, the Wolfsberg Group observed that banks have ramped up the number of reports submitted to government financial intelligence units, yet this surge has not yielded added benefit for law enforcement or curbed money laundering. Representing 12 international banks, the group urged firms to improve how they evaluate the effectiveness of their suspicious transaction monitoring. Institutions, it said, should deliver better-quality suspicious activity reports, also referred to as suspicious transaction reports. “The group does not consider that the value extracted from the ever-rising volume of SARs/STRs is proportionate to effective outcomes in the dispute against financial crime,” the Wolfsberg Group noted. At present, financial institutions are structuring their suspicious transaction monitoring programmes to meet technical compliance requirements, even when that leads to unproductive activities, according to the statement...

This Practice Note offers an introduction to cybersquatting. It involves registering a domain name that incorporates another business’s trade mark with the purpose (or consequence) of taking unfair advantage of that mark. It also encompasses typosquatting, being the registration of a domain name featuring a misspelt version of another party’s trade mark. There are several avenues to pursue action against cybersquatters, including Nominet’s Dispute Resolution Service (DRS) and the Uniform Domain Name Dispute Resolution Policy (UDRP)... What is cybersquatting? Also referred to as domain name squatting, it is the bad-faith registration of a domain name that matches or is confusingly similar to a trade mark or name, with the intention of profiting from the goodwill attached to that mark or name. The practice exploits the trade marks of businesses, individuals, or other entities, aiming to secure commercial benefit for the ‘squatter’ and/or to interfere with legitimate activities... Evolution and key characteristics of cybersquatting The phenomenon took hold in the 1990s during the early phase of internet...

This Practice Note delivers strategic and practical guidance on running a trade mark portfolio that dovetails with a company’s wider business strategy, competitive intelligence and market assessment, acting as a platform for growth and expansion. For details on the principal considerations for registering and protecting UK trade marks, including the technical points to address when drafting the trade mark specification, see the following Practice Notes: Application to register a UK trade mark Opposing a UK trade mark application Trade mark registration—strategy This Practice Note centres on managing a trade mark portfolio. For advice on overseeing a broader portfolio that includes other IP rights, see Practice Note: How to manage an IP portfolio and How to manage an IP portfolio—checklist. Brexit At 11.00 pm on 31 December 2020 (IP completion day), Regulation (EU) 2017/1001 was revoked in the UK. As a result, the UK is no longer within the EU trade mark (EUTM) system and, therefore, EUTMs are not protected...

This Practice Note, informed by market practice insights from Rebecca Cousin of Slaughter and May, explores the early issues an offeree must weigh after being approached by a prospective offeror. It addresses the need for secrecy before any announcement of an offer or possible offer, the announcement obligations from the offeree’s perspective, the choice whether to recommend the offer, and the negotiation of the offer terms. For commentary on preparatory steps a quoted company might take in advance of any approach, see Practice Note: Prior to an approach—the offeree. Initial approach from the offeror On receipt of an initial takeover approach, the offeree should remain in listening mode, give no reply that discloses its view of the proposal, and avoid initiating negotiations. If a director other than the chair, deputy chair or CEO receives a call about a potential offer, that director should refer the offeror to the chair and bring the conversation to a close. Initial board meeting Once an approach has been made (or...

Threat Advanced persistent threat (APT) What is it? Attackers obtain unauthorised access to a system and remain concealed for extended periods, potentially moving sensitive data without permission. Even once spotted, they may leave several backdoors so they can return. Our defensive measures We ensure users understand the risk and follow basic account security practices. We use firewalls to monitor and filter traffic. We use antivirus software. Botnet What is it? A group of infected computers remotely controlled by a hacker, who can share or sell access to other cyber criminals to send spam or overwhelm a system. Our defensive measures See Malware and Hacking Chain letter What is it? An email that pushes recipients to forward it to others. Not a security threat, but it wastes time and can slow email servers. Our defensive measures We advise users not to forward chain letters or hoaxes. We...