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30 July 2019
CONSTRUCTION CONTRACT & CLAIMS MANAGEMENT PODCAST
In this podcast series, our Construction & Infrastructure Disputes experts discuss construction contract and claims management in the UK. The series covers common contentious issues arising from construction contract management and construction claims and explores the legal and practical do's...
25 July 2019
Challenges in the Consumer Sector: Moving towards sustainable plastic use
In the final article in a three-part series, Susan Black and Julie Vaughan of Herbert Smith Freehills LLP examine how the use of plastic is regulated in the UK and the EU, and the responsibilities of businesses in the retail and consumer sectors.
24 July 2019
Directors’ Duties in the UK – the rise of the Stakeholder?
There has in recent years been a renewed focus on the role of business in society in the UK. Factors contributing to this have included the continuing, and long-standing, concern about the levels of executive pay and a number of well-publicised corporate failures. The behaviour and transparency of...
17 July 2019
Inside arbitration: The role of arbitration in employment-related disputes
Practical uses and limitations In this article, Paul Goulding QC of Blackstone Chambers, Peter Frost, London and Barbara Roth, New York, Partners in Herbert Smith Freehills' contentious Employment practice, and Hannah Ambrose, Senior Associate in the Global Arbitration practice, explore the growing...
17 July 2019
Modern Slavery: UK Government responds to Independent Review
The UK Government has published its response to the independent review of the UK Modern Slavery Act 2015, together with a consultation paper on proposed changes to the statement on transparency in supply chains required under section 54 of the Act . If implemented, these changes could increase the...
17 July 2019
Inside arbitration: Arb-Italia: Italy's continuing commitment to arbitration
In litigation-saturated Italy, arbitration has often been cited as an attractive alternative form of dispute resolution. However, its uptake has been somewhat slower than anticipated. Legislators and arbitral practitioners have taken various steps in the past years to promote an arbitration-...
16 July 2019
Inside arbitration: Interview with Paula Hodges QC: President of the LCIA
Paula Hodges QC's career is pretty remarkable. Head of Herbert Smith Freehills' Global Arbitration Practice, she is ranked as one of the leading arbitration practitioners in the world. During her career to date she has had no shortage of interesting cases, involving clients from across the world,...
16 July 2019
Inside arbitration: Cybersecurity matters: Arbitration away from prying eyes
One of the many reasons that companies choose to resolve disputes through arbitration over court litigation is the ability to keep their disputes and the outcome of their disputes private. Arbitration is often chosen to resolve highly sensitive disputes, and being a truly international dispute...
16 July 2019
Inside Arbitration: Choice of arbitral seat: Is Paris under threat?
Choice of arbitral seat is one of the crucial decisions in any contractual negotiation and can have a direct impact on the ease with which parties are able to resolve their disputes. Indeed, many arbitration users and practitioners consider that, in some circumstances, the choice of seat is more...
16 July 2019
Inside arbitration: Commercial arbitration in Europe: What does the future hold outside Paris?
In a period of change, transition and reflection across Europe, and following our article on Paris, our arbitration partners in our European offices share their thoughts on what the future holds for arbitration in their jurisdiction and more widely.
11 July 2019
Patent and Pharma Update, July 2019
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the implementation of the controversial SPC waiver, as well as a new SPC referral from the Swedish Court of Appeal. We consider a change to the Patents Court Guide...
11 July 2019
Open Innovation: Collaborate to Innovate
Innovation that happens in an "open" collaborative context – either internally or with external partners - can provide faster, better, more holistic results to accelerate innovation and improve competitive advantage, concludes our new report: Open Innovation: Collaborate to Innovate , based on "...
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20 August 2019
DC Circuit Court Requires Subpoenaed Chinese Banks to Produce Documents in Money Laundering Case
On July 30, 2019, the US Court of Appeals for the DC Circuit unanimously upheld a district court order requiring three unnamed Chinese banks to produce financial records subpoenaed by US federal prosecutors. Although the US government does not currently suspect that the subpoenaed banks took part...
16 August 2019
NSW Modern Slavery – opportunity to provide input
In June 2018, the Parliament of New South Wales passed the NSW Modern Slavery Act , ahead of the Commonwealth Modern Slavery Act which passed in December 2018. However, the NSW Modern Slavery Act is yet to commence and it has been reported that the NSW Special Minister of State had received advice...
15 August 2019
Australian Patent Update: three key changes underway
Last August we considered IP Australia’s Exposure Draft outlining the potential impact of proposed changes to the Patents Act 1990 (Cth). Following the Exposure Draft’s release, IP Australia received 18 submissions in response, including submissions from AusBiotech, Medicines Australia and the...
07 August 2019
Policyholder successfully appeals refusal to apply one deductible to multiple claims in Class Action
In good news for policyholders defending class actions, the NSW Court of Appeal has ruled that multiple claims in a class action against Bank of Queensland over a “Ponzi scheme” should be treated as a single claim under the Civil Liability Policy’s aggregation clause, meaning that only one...
05 August 2019
Paddling to surfing: the rise of Online Dispute Resolution
ODR has become a common term in the disputes world. Given business is almost always conducted online, why shouldn't disputes be resolved in the same way? Whether it is Brexit or the Belt and Road, ODR has been touted as part of the solution.
31 July 2019
Takeovers Panel issues guidance on shareholder requisitions and undisclosed associations
The Takeovers Panel recently found that unacceptable circumstances existed in relation to Aguia Resources in the context of a shareholder requisitioned meeting to change the composition of the company’s board. Whilst the Panel has generally been reluctant to interfere with shareholders’ rights to...
30 July 2019
CONSTRUCTION CONTRACT & CLAIMS MANAGEMENT PODCAST
In this podcast series, our Construction & Infrastructure Disputes experts discuss construction contract and claims management in the UK. The series covers common contentious issues arising from construction contract management and construction claims and explores the legal and practical do's...
29 July 2019
ACCC’s game changing digital platforms final report: 5 things you need to know
The ACCC is at the forefront of the global debate on the implications and consequences of digital platforms for competition and consumers. In its final report , the ACCC has approached the challenges and opportunities presented by digital platforms by adopting a holistic approach that takes account...
