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19 July 2018

South Africa FDI on slippery slope

FDI into South Africa will continue to decline, or remain static unless Government implements measures to appropriately protect foreign investors.
18 July 2018

Investment banks and private equity may be liable for anti-competitive conduct by their portfolio companies

The General Court's ruling in Goldman Sachs' appeal in the power cables cartel confirms that the bank was jointly and severally liable for the conduct of Prysmian, one of the cartelists, because of the nature of its investment in the company. The General Court confirmed that the Commission was...
17 July 2018

Inside Arbitration

In a global business it can often be difficult to get to know your colleagues in other offices and locations. You may deal with them by email or over the phone, but that rarely equates to understanding how, or why, they came to be doing the work they do today or the additional skills and...
17 July 2018

Brexit White Paper highlights importance of Intellectual Property rights post-Brexit

Significantly, for those with interests in IP rights, the UK Government's White Paper on Brexit makes encouraging noises about future recognition and security for IP in the UK and in the UK's relationship with the EU, including support for the Unified Patent Court and the UK's role within the new...
17 July 2018

Arbitrating Business and Human Rights Disputes: Viable for Victims?

International arbitration has many features which, at first sight, make it an attractive alternative to domestic litigation for businesses and victims alike. On closer analysis, however, the features that make arbitration attractive to commercial parties may in fact present some difficulty in the...
17 July 2018

UPC latest news

UK Government's Brexit White Paper highlights importance to the UK of the UPC and IP rights in general post-Brexit
13 July 2018

Subpoenas issued by Australian Court in support of Arbitral Proceedings

Businesses who participate in international arbitration should be aware of the mechanisms available to assist them with the arbitral process, including where assistance can be obtained from the courts in support of that arbitration. Such assistance can include not only subpoenas for witnesses to...
13 July 2018

UK Court of Appeal finds UK parent company owes no duty of care in relation to operations of overseas subsidiary

The UK Court of Appeal has handed down its judgment in AAA and others v Unilever PLC and Unilever Tea Kenya Limited , declaring that Unilever PLC (the UK parent company) owed no duty of care in relation to the operations of its Kenyan subsidiary, Unilever Tea Kenya Limited (" UTKL "). Without a...
11 July 2018

How can in-house lawyers tackle the increasing threat of class actions in the English Courts?

Class actions represent an increasing area of risk for UK corporates, with increasing numbers of high-profile and highvalue group claims being brought, or threatened to be brought, in the English courts. The principal mechanism used to litigate these claims differs from the ‘opt-out’ class action...
11 July 2018

International negotiation competition

This year will be the 5 th Herbert Smith Freehills-NLU Delhi International Competition in which students from India and across the globe participate in transactional lawyer-type negotiation situations. This year, we are expecting a record 39 teams of which 23 are international teams from 10...
10 July 2018

Corporate crime update, June 2018

Welcome to the June 2018 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. For the full update on each jurisdiction, please click on the name of the jurisdiction below. Below we provide a brief...
10 July 2018

CYBER SECURITY QUARTERLY ROUND-UP, July 2018

Cyber security affects all businesses and industries and is a Board level agenda item. Our quarterly e-bulletin provides a roundup of best practice, news and legislative developments concerning cyber security in Europe, Asia, Australia and the USA.
09 July 2018

Comments on UK proposal for the future relationship with the EU

Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
09 July 2018

Shareholder activism – new tactics, new players and a change in tone

Shareholder activism continues to grow in the UK as it does globally, both in terms of capital deployed and the publicity it attracts. While shareholder activism is not a new concept in the UK, the type of investors involved in activist campaigns, the companies that they are targeting, the tools...
09 July 2018

Key questions for General Counsels dealing with global investment decisions

Recent years have seen global shifts in both policy frameworks for screening inward foreign direct investment (FDI) and the way in which those frameworks are applied. The result is a more uncertain environment for foreign investment, which parties to a transaction will have to consider how to...