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17 March 2021
In Search of the Limits of Article 30 of the EEC Treaty Revisited
Eric White, an EU and Trade Law specialist in our Brussels office, has recently published an update to his seminal article ‘ In Search of the Limits of Article 30 of the EEC Treaty ’, published in the Common Market Law Review in 1986, that introduced the trading arrangements and market access...
12 March 2021
Mandatory human rights and ESG due diligence in Europe – a race to the top?
On 10 March 2021 the European Parliament voted by a large majority to adopt an ambitious report of the Committee for Legal Affairs, calling for the introduction of far reaching mandatory human rights and ESG due diligence requirements for companies domiciled or operating in the EU. One week before...
10 March 2021
Herbert Smith Freehills confirms appointment of Rebecca Maslen-Stannage as new Chair and Senior Partner
Global law firm Herbert Smith Freehills today announced the appointment of Rebecca Maslen-Stannage as Senior Partner and Chair of the Global LLP Council. She succeeds James Palmer, who steps down after more than six years in the role on 30 April 2021 and returns to full-time practice and client...
12 February 2021
Tech and Digital Regulation
The tech and digital regulatory landscape is changing rapidly. It is complex and fragmented, both globally and by subject matter, making it difficult for technology providers and digital platforms to navigate. Almost weekly there are new headlines warning of risks and perils of ‘big tech’ and...
04 February 2021
Cross-border insolvencies in the UK and the EU – a quick guide
At 11pm on 31 December 2020, the UK left the European single market at the end of the transition period agreed as part of the 2019 Withdrawal Agreement. The EU-UK Trade and Cooperation Agreement that was reached on Christmas Eve made no provision for continued recognition of, or co-operation in,...
02 February 2021
Mass litigation in Spain: between joinder of claims and class actions
The landscape of mass litigation in Spain, as in many other European jurisdictions, is far from being clear and easy to manage. The EU Directive 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of...
11 December 2020
The Unified patent court and unitary patent – Introduction
A new patent right and patent enforcement system is coming for patent protection in the Europe and is likely to start in 2022. There are two main elements: A Unified Patent Court ( UPC ) which will have jurisdiction over all European patents (current and future) designated to participating EU...
11 December 2020
The UPC and the UP: Impact on patent portfolios and licensing
Our article on the impact of the UP and the UPC on the management of patent applications, patent portfolios in general and licensing: " The New Unitary Patent Regime – Prepare and Protect your Portfolio " published in PLC Magazine is available as a pdf from this link and also on Practical Law .
11 December 2020
How to get a Unitary Patent
Enhanced cooperation under Regulation 1257/2012 of 17 December 2012 implementing enhanced cooperation in the area of unitary patent protection was used to establish the unitary patent (UP). Also termed the European patent with unitary effect, the UP will be a single patent right covering all the...
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10 May 2021
London International Disputes Week 2021
10 – 14 May 2021 Herbert Smith Freehills is a proud founding member of LIDW. London International Disputes Week 2021 comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. Through a programme of...
08 April 2021
Real estate transfer tax (“RETT”) reform likely to be implemented on short notice
The German RETT reform is gaining momentum and an updated draft bill is contemplated to be voted on by the German parliament as early as mid-April. While a draft bill has not yet been published, with a few exceptions, the new rules are expected to be largely similar to a previous draft published in...
31 March 2021
SPACs and de-SPACing – What Australian companies need to know
In 2020, SPACs overtook traditional IPOs in the US by number and each of them will need to find acquisition targets or be liquidated within a set time frame. Increasingly, Australian companies are on the radar as acquisition targets for SPACs. In this article we examine what they are, why...
31 March 2021
Policyholder successfully challenges insurer’s refusal to cover ‘securities claim’
In good news for policyholders defending class actions, the Federal Court of Australia has rejected an insurer’s arguments that a class action settlement was not covered because: the units in an ASX-listed trust the subject of the proceedings were not “securities”; and the proceedings arose from...
31 March 2021
The Bettor's Verdict – a Herbert Smith Freehills podcast on gambling law
This podcast, hosted by Steven Jacobs , will focus on unwinding the tangled web of US gambling laws past and present, telling the stories of the people affected by this sometimes-impenetrable and often-changing landscape, and providing insight on what will come next.
30 March 2021
New ACICA 2021 Arbitration Rules
The Australian Centre of International Commercial Arbitration ( ACICA ) has unveiled revised Arbitration Rules due to enter into force in April 2021. As arbitration continues to be on the rise in Australia, and ACICA enjoys record caseloads, the 2021 ACICA Rules set out ACICA’s vision for the...
29 March 2021
UAE Cabinet approves the establishment of the Executive Office for AML and CFT
The UAE Cabinet has approved the establishment of the Executive Office of the Anti-Money Laundering and Countering the Financing of Terrorism to oversee the implementation of the UAE’s National AML/CFT Strategy and National Action Plan ( NAP ).
29 March 2021
Pressure points: The light at the end of the Covid-19 tunnel? the landscape for arbitration and disputes in a time of uncertainty and hope
The approval and rollout of mass Covid 19 vaccinations across many parts of the world has prompted many to look ahead to a “post-Covid” world. For clients and practitioners of arbitration who have witnessed the almost overnight shift of arbitral practice into the virtual arena, that quest for a...
26 March 2021
Major foreign investment reforms in Australia – what you need to know
Significant amendments to Australia’s foreign investment regime commenced on 1 January 2021. Nearly three months after their commencement, we are beginning to see evidence of a more cautious approach by applicants seeking foreign investment approval. However, 2021 has also brought some positive...
24 March 2021
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...