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07 October 2019

Re-Assessing Directors' Liability for Unlawful Dividends

PRACTICAL IMPLICATIONS FOR COMPANIES AND OFFICEHOLDERS Revisiting over 150 years of case law, the High Court has resolved a question on which both the courts and textbooks had given conflicting answers: is a director's liability for payment of a dividend which is unlawful as a result of incorrect...
04 October 2019

ASIC Enforcement Review — Draft reforms released for comment

On 11 September 2019, Treasury released exposure draft legislation which propose to give effect to 16 of the 50 recommendations made by the ASIC Enforcement Review Taskforce. The Government intends to introduce these reforms by the end of the year.
04 October 2019

The encryption debate is far from ‘going dark’

Shortly after the release of the communiqué from the most recent ministerial meetings of the ‘Five Countries’ security alliance — Australia, Canada, New Zealand, the UK and the US — at the end of July, we warned that the issue of the use of, and access to, encrypted services and technologies ‘...
03 October 2019

The London Conference on International Law

Herbert Smith Freehills is proud to be co-partner and gold sponsor of the London Conference on International Law, taking place on 3 and 4 October 2019.
02 October 2019

Pre-contractual statements: When can they come back to bite you?

Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual statements will, no doubt, be both carefully considered and accurate. But as we all know, things can go wrong.
02 October 2019

Madrid video updates: El buen gobierno de las empresas familiares no cotizadas

02 October 2019

Using Decision Analysis for case management

Using Decision Analysis for case management This is the latest in our series of discussions about how clients have used HSF's Decision Analysis models as part of their strategic disputes management.
02 October 2019

Be on the mark – APAC central banks release study of benchmark reform implications

On 24 September 2019, the Executives’ Meeting of East Asia-Pacific Central Banks ( EMEAP ) published its study on the implications of benchmark reform across the East Asia and Pacific region ( Study ), including the effects of LIBOR discontinuation, the EU Benchmarks Regulation ( BMR ) and the...
01 October 2019

Open Innovation: Getting the IP right in collaborations

In our recent report on our clients’ perspectives on managing innovation in their organisations “ Open Innovation: Collaborate To Innovate ” we shared our insights into the world of open collaboration assisted by contributions from a wide range of our clients. As part of our analysis we highlighted...
30 September 2019

Director recommendations in schemes: end of the saga?

Clarity is beginning to emerge in the courts’ approach to director recommendations in schemes of arrangement where a director stands to receive a bonus on implementation of the scheme (or has some other interest in the outcome of the scheme).
30 September 2019

Insights and guidance on ASIC’s regulatory focus for public M&A over the first half of 2019

We review and provide commentary on ASIC’s public M&A related activities over the first half of 2019 and the future areas of ASIC’s regulatory focus, as described in the corporate finance report published by ASIC in September.
30 September 2019

ACCC’s inquiry into the supply of retail FX services – Final Report

On 2 September 2019, the ACCC released the final report of the ACCC’s inquiry into the supply of foreign currency conversion services ( FX services ) in Australia (the Report ). The ACCC concluded that Australian consumers are paying too much for FX services because of confusing, inconsistent...
30 September 2019

2019 Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement

The 2019 edition of the Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement has been launched. Recently recognised as M&A Legal Adviser of the Year at the 2019 Mergermarket Australia M&A Awards, we strive to provide our clients with an unparalleled depth of expertise. Our...
30 September 2019

Could Germany introduce a mandatory human rights due diligence law?

On 10 September 2019, the seventh anniversary of the devastating fire in the Ali Enterprises factory in Pakistan whose main customer was the German retailer KiK, a coalition of NGOs and trade unions in Germany launched a campaign calling for the issuance of a mandatory supply chain due diligence...
30 September 2019

Harnessing the power of diversity in IP

This year, we have partnered with World IP Review (WIPR) on an important campaign to celebrate, promote and support influential women in IP, as well as highlighting achievements and identifying any barriers that remain.