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07 September 2020

London International Disputes Week 2020

We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
10 July 2020

Defining your liability in advance: Liquidated damages, limitation and exclusion clauses

Parties to commercial contracts commonly seek to set some parameters around what will happen in the event of a breach. They may for example agree a fixed sum that is payable on breach, or set a maximum sum for any damages, or exclude liability (or particular categories of liability) altogether.
10 July 2020

New ASIC guidance for officers and senior managers on whistleblower laws

On 30 June 2020, ASIC released INFO 247 : Company officer obligations under the whistleblower protection provisions . The volume of information and guidance on whistleblowing can feel overwhelming at times. The information sheet largely repeats aspects of ASIC’s guidance in Regulatory Guide 270 (...
10 July 2020

Pressure Points: Covid-19 and Fraud (UK)

Covid-19 restrictions are being slowly eased, but the impact of the pandemic and related lockdown measures on financial crime risk and on related compliance measures continues to be a high priority for business. In our April briefing , we analysed the impact of the restrictions on the UK criminal...
09 July 2020

Pressure Points: A focus on security interests under the PPSA (Australia)

Like other crises that have come before it, both financial and otherwise, Covid-19 has impacted business revenue in almost all sectors. Government mandated social and business lockdowns in Australia and overseas have resulted in contracted liquidity and businesses needing to expend cash, tap...
08 July 2020

Exploring Opportunities: Acquiring IP assets in a changing world (Global)

As governments around the world take the first tentative steps to ease lockdown measures, people and businesses are beginning to focus on a return to work or at least a resumption of more normal business processes. However, it is clear that a large number of businesses, sadly, will not survive in...
08 July 2020

People: Post-lockdown issues for employers (UK)

On 11 May 2020 the UK Government published its roadmap for coming out of lockdown, providing for a (conditional) phased return of schools and businesses over the coming months and subject to continuing social distancing requirements. Most businesses and venues (except for certain close contact...
08 July 2020

Significant changes imminent in Queensland for resource authorities holders and large scale mining leases

On 25 May 2020, the Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld) (Amendment Act) was granted assent by the Queensland Governor. The changes under the Amendment Act will commence on a date yet to be proclaimed by the Governor.
08 July 2020

Pressure Points: Administrative Court refuses permission to legal challenge to the UK Government’s lockdown regulations (UK)

Dolan & Ors v Secretary of State for Health And Social Care & Anor [2020] EWHC 1786 (Admin)
08 July 2020

People: Job Retention Scheme (UK)

On 29 May 2020 the Chancellor confirmed the extension of the HMRC's Coronavirus Job Retention Scheme ("CJRS"), with new flexibility added for employers to partially furlough employees from 1 July 2020. Employees can now work for any proportion of their usual hours and any shift pattern, with...
07 July 2020

Governance: Key considerations for effectively managing remuneration arrangements during the pandemic (Australia)

One of the many issues companies are facing in light of the Covid-19 pandemic is how best to appropriately remunerate, incentivise and retain employee and executive talent as the pandemic continues to unfold. This article sets out five key issues for listed companies and their remuneration...
06 July 2020

Paris Arbitration Week 2020

Herbert Smith Freehills is delighted to be supporting Paris Arbitration Week (PAW) 2020, which takes place between 6 and 10 July 2020.
03 July 2020

Pressure Points: Key actions checklists for trustees and sponsors of DB schemes (UK) - Updated

Current events related to Covid-19 and the related economic impact are raising a number of time critical issues that sponsors and trustees of defined benefit schemes need to address. To help with this, we have created checklists (based on our experience advising clients to date) which summarise the...
03 July 2020

People: Key actions checklists for trustees and employers of DC schemes (UK) - Updated

Current events related to Covid-19 and the related economic impact are raising a number of time critical pensions-related issues that employers with defined contribution (DC) schemes and trustees of such schemes need to address. To help with this, we have created checklists (based on our experience...
02 July 2020

Woolworths spam receives unwelcome attention

The Australian Communications and Media Authority ( ACMA ) reported on the 2 July that Woolworths Group Limited has paid a million-dollar infringement notice and agreed to a court-enforceable undertaking in response to breaches of spam laws. The infringement notice for $1,003,800 is the largest...