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03 May 2022
Cryptocurrency, proprietary injunctions, freezing orders, and trusts: the law is not cryptic
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on a recent cryptocurrency case, Wang v Darby [2021] EWHC 3054 (Comm) , which applies established principles relating to trusts, proprietary injunctions and worldwide freezing...
02 May 2022
Scope of Australia’s anti-money laundering and counter-terrorism financing regime to be widened?
The impact of Australia's proposed anti-money laundering and counter terrorism financing (AML/CTF) regulation is likely to cause an increase in the regulatory and reporting requirements of the Gatekeeper Professions in addition to the upfront and ongoing costs of set up and maintenance.
27 April 2022
To register or not...? State of Escape decision reinforces value of design registration over attempts to rely on copyright
For designers and manufacturers launching new products, registered designs are the most appropriate means of protecting the design of, or embodied in, those products. A recent appeal court decision reinforces that, in the absence of a registered design, attempts to establish copyright in these...
22 April 2022
An election for the (w)ages
Just three years ago, the then ALP Leader, Bill Shorten, announced that the 2019 Election would be a “referendum on wages”. A raft of reforms were proposed by the Opposition, which were described to be key changes aimed at addressing flat wage growth. The “Change the Rules” campaign led by the...
21 April 2022
Trading Vehicles: Overview (United Arab Emirates)
Our UAE authors are pleased to have contributed to the Thomson Reuters Practical Law practice note, providing an overview of the key corporate features of different trading vehicles that are commonly used when setting up a business in the UAE. It includes an overview of sole establishments, and the...
19 April 2022
Pensions and ESG Soundbite series
There is an increasing focus on the management of environment, social and governance (ESG) risks, including climate-related risks, by UK pension schemes, providers and assets managers. New and increasing disclosure requirements mean that trustees, providers and asset managers will be exposed to...
11 April 2022
FFSP AFSL exemption uncertainty returns
The bill to implement the foreign financial service provider ( FFSP ) exemptions to the requirement to hold an Australian financial services licence ( AFSL ) has lapsed on the dissolution of Parliament following the calling of the federal election yesterday.
11 April 2022
Policyholder wins right to cover after ‘facts’ notified by insurer’s panel lawyer eventually became a ‘claim’
Under “claims made and notified” policies (such as professional indemnity policies or D&O policies), policyholders can ensure that a claim which might be made against them after the policy expires is still covered – they must have notified the insurer of the facts which give rise to that claim...
05 April 2022
Children's Mental Health Week with Petra Velzeboer
Psychotherapist, mental health expert and parent Pertra Velzeboar hosts a Q&A and conversation session around mental health as parents for our children and young people. Petra looks at our questions and challenges around children's mental health as well as skills for ourselves. Petra looks at...
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12 May 2022
Half way to COP27: Are governments delivering on their climate promises?
We are excited to launch our latest report, Halfway to COP27 – a review of governments' ambitions and promises in respect of climate change, six months after the 2021 United Nations Climate Change Conference, commonly referred to as COP26, brought together 120 world leaders to discuss the issue.
10 May 2022
Corporate Governance snapshot: New rules on diversity-related disclosures for listed companies
The Financial Conduct Authority (FCA) has published its policy statement and new rules which require listed companies to make disclosures in relation to gender and ethnic diversity at board and executive management level for financial years beginning on or after 1 April 2022.
06 May 2022
AUSTRALIAN REGULATOR WINS CASE AGAINST FINANCIAL SERVICES LICENSEE FOR INADEQUATE MANAGEMENT OF CYBER RISKS
For the first time in Australia, the Federal Court has found that a failure to adequately manage cybersecurity risks constitutes a breach of general Australian financial service license ( AFSL ) obligations.
06 May 2022
Biannual Banking Litigation Update (Spring 2022)
Welcome to the Spring 2022 edition of our biannual Banking Litigation Update, in which we highlight the most important cases and developments affecting UK financial institutions over the past six months. Read the full Banking Litigation Update here.
05 May 2022
Disputes in the technology industry: Q&A for Practical Law (UK)
Our technology disputes practitioners have recently published a Q&A in Practical Law on Disputes in the Technology Industry (see here for subscribers and here for a pdf) covering all aspects of disputes in the sector including current and future trends
03 May 2022
Cryptocurrency, proprietary injunctions, freezing orders, and trusts: the law is not cryptic
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on a recent cryptocurrency case, Wang v Darby [2021] EWHC 3054 (Comm) , which applies established principles relating to trusts, proprietary injunctions and worldwide freezing...