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27 March 2023
Corporate Governance snapshot: The EU Corporate Sustainability Reporting Directive & its impact in the UK
Even though the UK is not part of the EU, the EU Corporate Sustainability Reporting Directive (CSRD) ( 2022/2464 ) will apply to some UK incorporated companies. The CSRD, which entered into force in January 2023, sets out additional disclosures for companies to include in their annual report in...
01 March 2023
Supreme Court decision gives further clarity on claims by distressed companies against directors
Although not directly concerned with directors' liabilities, the recent Supreme Court judgment in Stanford International Bank Ltd v HSBC Bank PLC provides further clarity on the circumstances in which a distressed or insolvent company may seek to make claims against its directors.
17 February 2023
How to get a Unitary Patent
Also termed the European patent with unitary effect, the unitary patent (UP) is a single patent right covering all the states that have taken part in the enhanced cooperation procedure to create the right and fully ratified the UPC Agreement (UPCA). UPs will become available once the UPC is...
17 February 2023
UPC: Jurisdiction and opt-out
When the Unified Patent Court (UPC) comes into effect, and after the transitional period (of at least 7 years), as well as having exclusive jurisdiction over unitary patents, the UPC will have exclusive jurisdiction over all EPs designated to UPC participating EU Member States (unless these EPs...
17 February 2023
The UPC Rules
On July 2022 the UPC Rules of Procedure (the RoP) were announced as approved with the amendments from the previous (18th) draft from 2017 being published in tracked changes form. A consolidated final version of the Rules of Procedure of the Unified Patent Court (also available in French and German...
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31 March 2023
Asia-Pacific Antitrust Review 2023: APAC competition authorities tactics and developments in Australian competition law
Recently we have written two chapters in the latest Asia-Pacific Antitrust Review 2023 where we provided a snapshot of broad trends in competition law enforcement across the Asia-Pacific region, and summary of recent developments in Australian competition law and ACCC areas of focus for 2023.
30 March 2023
Establishment of National Reconstruction Fund in Australia
This week, the Australian federal government passed a bill to establish a $15 billion National Reconstruction Fund (NRF) to invest in priority areas of the Australian economy. What is the NRF, what are the government's priority areas, and what trends are we seeing around the world?
27 March 2023
Merger arbitrage – the important role it can play in public M&A deals
We explore the important role merger arbitrage can play in the success or failure of a deal. Targets and bidders should be aware of this role and consider the approaches that may be taken in response to arbitrage funds seeking short-term profits from an announced deal.
27 March 2023
Improving the transparency of foreign investment regulation in Australia – A look at the key performance data for the October 2022 quarter
The Australian Government’s Department of Treasury has released its second quarterly report for the period 1 October 2022 to 31 December 2022. The report contains some interesting trends regarding the source of foreign capital flows, Treasury’s downward trending processing timelines for FIRB...
27 March 2023
Corporate Governance snapshot: The EU Corporate Sustainability Reporting Directive & its impact in the UK
Even though the UK is not part of the EU, the EU Corporate Sustainability Reporting Directive (CSRD) ( 2022/2464 ) will apply to some UK incorporated companies. The CSRD, which entered into force in January 2023, sets out additional disclosures for companies to include in their annual report in...
24 March 2023
Gone but not forgotten: Combatting Corporate Crime Bill lapsed but combatting bribery remains in focus
Whatever happened to the Combatting Corporate Crime Bill? A recent OECD Report shows the Australian Government has not given up on anti-bribery law reform and police and prosecutors are actively pursuing foreign bribery matters.
23 March 2023
Tech, consumers and the ACCC: a continued focus on compliance with the Australian Consumer Law
The ACCC’s new Chair, Ms Gina Cass-Gottlieb, has signalled that the year ahead for the tech sector will entail a continuation of focussed regulatory scrutiny, particularly through the consumer protection lens. We reflect on five recent ACCC speeches and announcements which have reiterated the...