Monthly Archives: March 2021

Corporate residence of subsidiaries: Court of Appeal decision provides more questions than answers

Though the CA judges unanimously agreed that the UT’s reasons for overturning the FTT decision were flawed, the judges disagreed on whether the FTT decision might have been wrong for other reasons – an issue that was strictly out of …

Posted in Longer Reads | Leave a comment

Why a mistake in London is more of a blunder in New York

Last year, Citibank committed one of the most embarrassing blunders in recent Wall Street history. The bank, acting in its capacity as Administrative Agent for a syndicated loan taken out by Revlon, had intended to wire approximately $8 million in …

Posted in Shorter Reads | Tagged | Leave a comment

CFTC brings first ever enforcement action for cryptocurrency “pump-and-dump” scheme

The US Commodity Futures Trading Commission (CFTC) has brought its first ever enforcement action for a manipulative scheme involving cryptocurrency assets.The complaint (filed in the U.S. District Court for the Southern District of New York) alleges that businessman and anti-virus software creator John McAfee (with an accomplice) engaged in manipulative cryptocurrency “pump-and-dump” schemes, which involved numerous coins, including Verge (XVG), Dogecoin (DOGE), and Reddcoin (RDD).The defendants are accused of accumulating positions in those assets, deceptively promoting them through social media as valuable investments, then selling their holdings as the prices jumped following McAfee’s allegedly deceptive endorsements. McAfee is said to have made significant profits in excess of $2 million.The defendants are indicted on charges of conspiracy to commit commodities and securities fraud, wire fraud, wire fraud conspiracy, conspiracy to commit securities touting fraud, and money laundering.Under the U.S. Commodity Exchange Act, the CFTC is empowered to regulate “commodities”, which includes Bitcoin and other virtual currencies. The position is of course different in England, where cryptocurrencies are only regulated for money laundering purposes.Read the full complaint here.

Posted in Shorter Reads | Leave a comment

What does the Budget 2021 mean for Residential property?

SDLT The current stamp duty holiday has been extended to 30 June 2021.  The suspension on the first £500,000 of all property sales in England and Northern Ireland will therefore continue to apply. The holiday means that anyone completing a …

Posted in Shorter Reads | Tagged , , , , , | Leave a comment

Looking at the Budget 2021 from a Private client perspective

PROPERTY SDLT Holiday Extension Having heard the representations from housebuilders and buyers, the Chancellor announced that the current SDLT threshold of £500,000 will be extended until 30 June 2021. After that date, there will be a gradual tapering of the …

Posted in Shorter Reads | Tagged , , , | Leave a comment

Furloughing: Does staying home to limit a shielding individual’s exposure to Coronavirus constitute a ‘caring responsibility’?

As vaccination rates continue to increase, it is hoped by everyone that the dilemma of whether someone living with an individual who is clinically extremely vulnerable can be furloughed or not will soon be a thing of the past. However, …

Posted in Shorter Reads | Tagged , , , , , | Leave a comment

Arbitration clauses in ISDA master agreements

International arbitration is increasingly recognised as the preferred dispute resolution mechanism for cross-border derivative transactions although historically parties typically opted for litigation, even when the dispute included an international component, and with English and New York laws as traditionally the …

Posted in Shorter Reads | Tagged , , | Leave a comment