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Legal Briefings | 27 April 2017

Herbert Smith Freehills’ Submission on Insolvency Law Reform Draft Legislation

On 28 March 2017, the Australian Federal Government released draft legislation in relation to two reforms to Australia’s insolvency law regime: the introduction of an insolvent trading safe harbour, and the operation of ipso facto restrictions.
Legal Briefings | 26 April 2017

Reverse takeovers - ASX reveals its hand

The ASX has now released its response to its November 2015 consultation paper on reverse takeovers. Consistent with the consultation option in that paper, the ASX has decided to require bidders to seek shareholder approval where the issue of new securities by a bidder in a takeover bid or scheme of...
| 26 April 2017

Takeovers Panel stays true to objective of efficiency in 2017

In 2017 the Panel is delivering certainty by dealing with takeover disputes in a timely fashion. Our analysis shows that average days for the Takeovers Panel to make a decision has significantly declined in 2016/2017, and continues to decline further in calendar year 2017.
Legal Briefings | 24 April 2017

First High Court judgment on FRAND royalties

UK Court takes tough stance on party unwilling to take Worldwide licence on FRAND terms. The UK High Court has handed down its first decision determining FRAND royalties, and has provided clear guidance as to the rights and obligations of parties to licensing negotiations and litigation relating to...
Legal Briefings | 24 April 2017


El pasado 10 de abril de 2017, la Dirección General de Tributos (" DGT ") ha emitido una Consulta Vinculante (" la Consulta ") relativa a las consideraciones fiscales en el ámbito del Impuesto sobre la Renta de las personas Físicas (" IRPF ") de las primas por seguros de responsabilidad civil de...
Legal Briefings | 20 April 2017

Unified Patent Court Agreement (including signatories and ratification)

Establishment of the Unified Patent Court (UPC): The UPC is established via an international agreement: the Agreement on a Unified Patent Court (UPCA) , Council of Europe, 11 January 2013. This is an international agreement/treaty between 25 of the 28 Member States of the European Union setting up...
Legal Briefings | 20 April 2017

UPC latest news

Legal Briefings | 20 April 2017

The UPC Rules

On 10 April 2017, the UPC Preparatory Committee released an updated version of the 18 th draft of the UPC Rules of Procedure (with the amendments being dated 15 March 2017). Subject to formal adoption, we understand that this update may represent the final version of the UPC Rules of Procedure.
Legal Briefings | 20 April 2017

Australian shareholder activism is taking off

Australian shareholder activism is on the rise and corporates need to be prepared. In recent months, we have witnessed an intense period of public activism. A diverse group of corporates have attracted activists’ attention. We predict that public activism is on the cusp of emerging as a prominent...
Audio and Video | 20 April 2017

Madrid Video Updates: 2017, un año de cambios en materia laboral

Legal Briefings | 20 April 2017

The Unified patent court and unitary patent – Introduction

Consistent progress has been made towards the establishment of a unitary patent right (UP) across most countries in the EU. 26 of the 28 European Union Member States (MSs) have participated in the enhanced cooperation needed to establish this new right, which will be enforceable via a new court...
Legal Briefings | 19 April 2017

The best interests duty: process or outcomes?

On 30 March 2017, the Federal Court handed down its decision in ASIC v NSG Services Pty Ltd . The case represents the first civil penalty action taken by ASIC alleging breaches of the best interests obligations and is significant in understanding the nature of the best interests duty.
Legal Briefings | 13 April 2017

One step closer to Australian data breach class actions

The Privacy Amendment (Notifiable Data Breaches) Act 2016 (Cth), which received assent on 22 February 2017, proposes a number of amendments to the Privacy Act 1988 (Cth) that could act as a trigger for Australian class actions in the data breach space.
Legal Briefings | 13 April 2017

Change in D&O market conditions

For many companies whose D&O insurance programs expire on 30 June, the renewal process is about to begin or is already underway.
Legal Briefings | 13 April 2017

Environmental laws trump Linc Energy creditors

Today the Queensland Supreme Court held that an insolvent company’s environmental obligations under State law were unaffected by the liquidators’ disclaimer of related property and resource tenures. This decision changes the previous understanding of liquidators’ powers and the order of priority in...