Insights

The Pillars of Hercules

Globalisation, Taxation, Myths and…Trump

For decades, multinational enterprises (MNEs) and their advisers have wrestled with shifting international tax rules. Since the OECD’s “Pillar 2” initiative was launched in October 2021, that struggle has taken on Herculean proportions. Pillar 2 was designed to ensure that large MNEs pay a minimum level of tax in every jurisdiction where they operate. But its global reach, fragmented local implementation, and heavy compliance demands are already straining even the best-resourced tax teams.  Whereas the Tax Insurance product has historically been effective at managing tax risks on discrete interpretative points, Pillar 2’s data-heavy, cross-border compliance challenges do not fit neatly into existing Tax Insurance models — but that may not be the end of the story!

Litigation has often been seen as a purely legal issue, a matter for lawyers and the courts to resolve. But for businesses, disputes are just as much a financial concern as they are a legal one. A major case can tie up capital, distort balance sheets, and impact market confidence. Increasingly, the market is recognizing that legal risk should be treated like any other financial exposure - one that can be measured, managed, and, crucially, transferred.

Live on Tax and EEA Operational

Thrilled to be welcoming Will Gay to Toremis as Senior Partner to lead on Tax.

Following two recent, diverging High Court decisions in Barclays and Standard Chartered, the question of what a claimant must establish to prove reliance for claims of securities fraud remains unsettled.  At the centre of this debate is whether the English courts should recognize a market theory of reliance, sometimes referred to as ‘common reliance’ or ‘fraud-on-the-market’, long accepted in American jurisprudence.  While much attention has been paid to the implications of these High Court decisions, surprisingly little has been written about the U.S. legal references, and assumptions, underpinning them.  To do so, it is worth examining the High Court’s discussion of American securities law in the context of key U.S. Supreme Court rulings.

This summer is already shaping up to be an important one for the litigation funding market, with a number of important decisions having already been handed down and with more to come later in the year.

We are live! Excited to be launching our new website and to be introducing you to Toremis Specialty, an MGA focused exclusively on legal related risks, including ATE, Contingent Risk and Tax Liability.