Feb 12, 2020

Written By Tuula Petersen

AllAboutLawBlog - Brexit negotiations, a New York state lawsuit, and more

Feb 12, 2020

Written By Tuula Petersen

In this week’s edition of the AllAboutLaw Blog, we address the difficulties facing the upcoming Brexit negotiations, the New York state’s plan to sue the Trump administration and the emergency terror law in the UK.

Brexit: A bumpy road ahead?

With the Brexit transition period set to end on December 31, 2020, the UK has set itself the ambitious task of negotiating a free trade deal and other necessary agreements with the EU. The negotiations are set to commence mid-March to coincide with the March European Council.

Key considerations include the EU’s desire to abide by the notion of the “level playing field” as a means to prevent the UK from gaining an unfair advantage. Boris Johnson is determined to distance the UK entirely from the legal body of the EU, stating that the EU cannot include “any jurisdiction for the [Court of Justice of the European Union (CJEU)] over the UK’s laws”. The fishing industry, Gibraltar and the length of the transition period will equally be important concerns for both the UK and the EU.

The EU has vocalised their desire for the UK to remain committed to EU rules, with Emmanuel Macron, the French President, pushing for a “dynamic alignment” in which Britain would have to mirror EU laws for tax, state aid, the environment and social standards. Further, EU governments have announced a desire to be able to suspend any future agreement made with the UK after the negotiation of a new free trade deal.

 

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“This is no reform, it’s destruction”

The EU Values and Transparency Commissioner, Vera Jourova, regarding the overhaul of the Polish judiciary.

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Firm News

Shearman & Sterling will be opening an office in Dallas, its third in Texas, as part of a drive to expand its services in the US.

Despite a lack of office in Ireland, Allen & Overy is the country’s seventh-largest legal practice.

Morgan Lewis has employed former labour and employment partners from Sidley Austin, replicating a similar move last year.

As Irell & Manella moves away from its non-core practice areas, three of its partners have moved to new firms.

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New York to sue the Trump Administration

The Trump administration is facing backlash and legal action following the announcement on Fox News to ban New Yorkers participating in the Trusted Traveler Program, which includes Global Entry, offering faster processing for pre-vetted travellers. The decision was in response to a recent state law, the Green Light Law, that authorises undocumented immigrants who live in New York to acquire a driver’s license. Democrats have criticised the new law, with New York Attorney General Letitia James stating its sinister motive and its repercussions on the economy of the state.

 

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UK: emergency terror law introduced 

In light of recent attacks by individuals convicted of terror offences, the British government has announced the proposal of an emergency terror law designed to end the release of people convicted of terrorism offences halfway through their sentence. The law, which was presented in front of Parliament on Tuesday, aims to come into practice before the end of this month in order to prevent the release of Mohammed Zahir Khan on February 28. However, the law has raised concerns, notably by the Law Society of England and Wales, stressing its unintended consequences of straining “an already overloaded system”. 

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