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Recent Articles

02 July 2019

Open Innovation and Collaboration

Over this last year we have been talking to our clients about open innovation – what approach do they take – how "open" can it be – how are innovation and collaboration processed and structured – is "ownership" still an important factor - what issues are there in collaborating with partners from...
25 June 2019

The view from Brussels - Can the Backstop be Renegotiated?

Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in particular the Protocol on Ireland/Northern Ireland. Meanwhile in Brussels, the EU-27 (meeting in Euro summit format) has just reiterated, again,...
25 June 2019

AVMS Directive: To implement or not to implement? That is the question

There is no doubt that the likelihood of a “no-deal” Brexit continues to grow. Against this backdrop, the UK Government has issued a Consultation Document setting out its proposed approach to implementing legislative amendments to the EU’s Audiovisual Media Services Directive (“ AVMSD ”) into...
24 June 2019

MAS extends AML/CFT requirements to Payment Service Providers

On 6 June 2019, the Monetary Authority of Singapore ( MAS ) issued a Consultation Paper on proposed anti-money laundering and countering the financing of terrorism ( AML/CFT ) requirements which will apply to most payment service providers ( PS Providers ). Submissions close on 5 July 2019. The...
20 June 2019

Corporate Crime Update, Spring 2019

Welcome to the Spring 2019 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, please click read more for...
19 June 2019

SFC encourages the industry to keep in mind the ‘spirit’ of the new Internal Investigation Disclosure Requirement introduced to halt the ‘roll’ of ‘bad apples’

On 17 June 2019, Ms Julia Leung (Deputy Chief Executive Officer, Intermediaries) and Mr Wilson Lo (Senior Director, Licensing) discussed the recent initiative by the Securities and Futures Commission ( SFC ) to halt the ‘roll’ of ‘bad apples’ within the financial services industry at the 2019 SFC...
19 June 2019

SFC Compliance Forum 2019: the SFC outlines its key supervisory priorities for the year ahead

The Securities and Futures Commission ( SFC ) held its third annual Compliance Forum ( Forum ) on 17 June 2019 – a series of six panel discussions with industry participants:
18 June 2019

CEO Mark Rigotti on the ever-changing nature of the legal profession and building a future-focused workforce

14 June 2019

Brexit Legal Guide 2019

As business makes increasingly vocal calls for legal certainty we are pleased to launch this Brexit Legal Guide. The new online guide will be regularly updated as the legal impact of Brexit evolves. The latest updates are indicated below.
13 June 2019

Australian M&A Podcast: Episodes 1-14 now available

On the new Herbert Smith Freehills Podcast channel, our experts discuss mergers and acquisitions issues in Australia.
11 June 2019

Product Intervention Powers and Design and Distribution Obligations in Financial Services: A cross-border perspective

Many regulators view their ability to intervene as one of their key supervisory tools to reduce harm in cases where there is a risk of significant consumer detriment or threat to financial markets.
07 June 2019

NSW security of payment reform update: what you need to know

In November 2018, significant amendments to NSW’s security of payment legislation, the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act ) passed into law. 1 Our previous article described those amendments.
07 June 2019

Landmark ruling on the WTO national security exception

In a landmark decision concerning Ukraine's complaint against Russia's transit restrictions, a WTO Panel has ruled for the first time on the nature of the GATT national security exception.
06 June 2019

Zambia lured by the siren song of resource nationalism

Zambia, the world’s seventh-largest copper producer, is the latest leading African mining jurisdiction to succumb to the siren song of resource nationalism. In recent years this trend has seen international miners and their host governments in Tanzania and the Democratic Republic of Congo clash...
06 June 2019

The Public-Private Partnership Law Review - 5th edition: Russia Chapter

In Russia, the public-private partnership (PPP) sector is dynamically developing and contains many examples of successful projects in all key areas of the Russian economy – in particular, transport, healthcare and utilities. However, in comparison with some other countries, Russian PPP legislation...