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Recent Articles

06 February 2020

ECJ rules for the first time on “pay-for-delay” agreements

On 30 January 2020 the European Court of Justice (“ ECJ ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of...
06 February 2020

Insurance and Reinsurance Disputes annual review 2019

We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2019, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the insurance and reinsurance market.
06 February 2020

Australian privacy law reform and review announced

On 12 December 2019, the Australian Government announced its response to the Australian Competition & Consumer Commission’s ( ACCC ) Digital Platform Inquiry. Despite the Inquiry’s name, only 1 of the 11 recommendations in the report about data practices is targeted at digital platforms.
05 February 2020

Brexit - impact of the Withdrawal Agreement for merger control

On 31 January 2020, at 11pm GMT, the UK ceased to be a Member State of the EU and the transition period provided for in Article 126 of the Withdrawal Agreement started to run. This briefing looks at the provisions in the Withdrawal Agreement that are relevant for merger control, both during the...
05 February 2020

The FRC and enforcement action - what next?

Over the last year, three key reports have been published on the future of the audit and accountancy professions. These reports together propose significant reforms to audit and the manner in which it is regulated, including the replacement of the Financial Reporting Council (the " FRC ") with a...
05 February 2020

Brexit Legal Guide 2020

The UK formally left the EU on 31 January 2020 and is due to end transitional arrangements on 31st December 2020.
05 February 2020

Open Innovation: Collaborate to Innovate

Innovation that happens in an "open" collaborative context – either internally or with external partners - can provide faster, better, more holistic results to accelerate innovation and improve competitive advantage, concludes our new report: Open Innovation: Collaborate to Innovate , based on "...
05 February 2020

Policyholder insurance highlights 2019

Read our assessment of the key lessons for insurance policyholders based on last year’s top cases and market developments.
04 February 2020

Digitalisation Trends in Indonesia’s Financial Services Sector – Recent and Upcoming Developments

In October 2019 Herbert Smith Freehills launched its 2019 Global Bank Review: The Data Game . As several themes raised in this review resonate particularly strongly in the Indonesian context, we summarise here the latest regulatory developments pertaining to digitalisation and data in Indonesia’s...
04 February 2020

CEO Mark Rigotti reflects on leading a global law firm and how leadership has changed in the past 30 years

CEO Mark Rigotti talks to business journalist James Ashton about his experience leading the firm.
31 January 2020

Equity derivatives: recent UK developments and considerations for the proposed changes in Australia

In this article, we explore disclosure requirements of long economic exposures in the UK takeovers context and compare these with the Australian Takeovers Panel’s proposed updates to its Guidance Note on equity derivatives. The article also examines the care that needs to be taken in articulating...
31 January 2020

No smoke without fire: insider participation in rescue transactions

The Takeovers Panel recently declared unacceptable circumstances in relation to the affairs of Smoke Alarms Holdings Limited because it considered that appropriate protocols were not implemented to deal with the participation of an insider in the negotiation of a control transaction. In the Panel’s...
31 January 2020

Control effects of underwritten rights issues: Takeovers Panel’s declaration of unacceptable circumstances in relation to ERA

The Takeovers Panel ( Panel ) has, on review, affirmed the initial Panel’s declaration of unacceptable circumstances in relation to the affairs of Energy Resources of Australia Limited ( ERA ).
31 January 2020

Policy making through the back door – Spotting issues and challenging Brexit-related SIs

With the European Union (Withdrawal Agreement) Act 2020 ( the Withdrawal Agreement Act ) now formally on the statute books, Britain is set to exit the EU at the end of January. Exit day, however, only marks the next step in the Brexit process. The UK will enter into a transition period until 31...
30 January 2020

Unfolding privacy class actions in Australia

Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and difficulties in quantifying loss. Despite the challenges, on 9 December 2019, the Supreme Court of NSW in Evans v Health Administration...