Guides | 16 May 2018
Global Pound Conference Series – Redefining dispute resolution
Most dispute resolution still has as its frame of reference an adversarial process (litigation or arbitration) based on asserted legal rights with the lawyer fighting their client's corner tenaciously. However, with the lawyers of Generation Y, Millennials and Generation Z growing into positions of...
Legal Briefings | 09 April 2018
US announces new Russia sanctions designations and releases new guidance
Given the broad coverage of the new designations and their importance, both US persons and non-US persons currently having or anticipating business transactions with Russia should conduct robust due diligence and monitoring on their counterparties and understand the potential impact of the new...
Legal Briefings | 12 February 2018
Syndicated facilities institute obtains legislative acknowledgement in Russia
On 31 December 2017 the President of the Russian Federation signed one of the laws which has been most discussed by the Russian banking and legal communities – Federal Law No. 486-FZ "On a syndicated facility (loan) and amendments to certain legislative acts of the Russian Federation" (the " Law...
Guides | 25 January 2018
High speed rail projects – risks and opportunities
Herbert Smith Freehills’ Tokyo office recently welcomed some 70 clients and industry professionals to its 8th Annual Construction Conference. The theme of this year's conference was the growing global focus on high speed rail projects.
Legal Briefings | 23 January 2018
The Anti-Bribery and Anti-Corruption Review, 6th Edition, Russia Chapter
Although Russia is ranked 131 out of 176 countries on Transparency International's 2016 Corruption Perceptions Index, sharing the spot with Iran, Kazakhstan, Nepal and Ukraine, in its Third Round of Evaluation Report published 21 November 2016, the Group States against Corruption (GRECO) considered...
Legal Briefings | 20 December 2017
Corporate Crime update, December 2017
Welcome to the December 2017 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. Click read more for the full article of each jursidiction. Below we...
Legal Briefings | 15 December 2017
Getting the deal through: Joint Ventures 2018
Joint ventures, in the purest sense (namely, a collaboration between two or more legal or natural persons with the aim of conducting a shared business), have been around for as long as modern company law and are equally integral to its development. Indeed, the early laws on partnerships and...
Legal Briefings | 01 December 2017
Companies and the rights of people with disabilities: What actions should be taken?
As companies increase their efforts to comply with the UN Guiding Principles on Business and Human Rights ("UNGP"), the International Day of Persons with Disabilities on 3 December 2017 provides an opportune time for a business to reflect on its efforts to respect and promote the human rights of...
Legal Briefings | 19 June 2018
Draft Code of Practice provides insight into operation of Australia’s proposed DPA Scheme
On 8 June 2018, the Attorney-General’s Department released a draft Deferred Prosecution Agreement ( DPA ) Scheme Code of Practice for public consultation (the draft Code ). A full copy of the draft Code appears here .
Audio and Video | 15 June 2018
PODCAST: Is Cyber Security only a priority once you've been attacked?
The topic of cyber security is a mainstay of our modern technological age and the question of if an organisation will face an attack on its digital assets is now a question of when. Our cyber security Partner, Andrew Moir, joins experts from EY and IBM to delve into the achievable steps boards can...
Legal Briefings | 15 June 2018
Heightened Risk? Resource nationalism on the rise in sub-Saharan Africa
The seemingly increasing trend towards nationalist thinking, combined with and likely driven by growing economic inequality, has resulted in several changes in mining and tax legislation in sub-Saharan Africa countries.
Legal Briefings | 14 June 2018
Brexit 'The view from Brussels' – developments in June
The Brexit debate often looks different when viewed from Brussels rather than from London. That Brussels perspective however is important for businesses to keep in mind and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations. In this...
Legal Briefings | 13 June 2018
UKSC judgment in Cartier – who pays for website blocking orders?
In a blow for rights-holders, the UK Supreme Court (UKSC) has today decided that ISPs should not bear the implementation costs for website blocking orders in Cartier International AG and others v British Telecommunications Plc and another  UKSC 28 . Whilst the UKSC has endorsed the...
Legal Briefings | 12 June 2018
Climate Change Bill - Summary and content
On 8 June 2018 the Minister of Environmental Affairs published the Climate Change Bill (“ the Bill ”) for public comment. The Bill provides a framework for climate change regulation in South Africa aimed at governing South Africa’s sustainable transition to a climate resilient, low carbon economy...
Legal Briefings | 08 June 2018
New legislation encourages employers to proactively address historic SG shortfalls
The Minister for Revenue and Financial Services has announced a proposed 12 month Superannuation Guarantee ( SG ) amnesty to incentivise employers to voluntarily address past SG non-compliance.
Legal Briefings | 08 June 2018
Hong Kong Government denies that new laws are needed to tackle modern slavery
In a previous post , we reported on a proposal by Hong Kong Legislative Councillors Dennis Kwok and Kenneth Leung that Hong Kong adopt new legislation on Modern Slavery, modelled on the UK Modern Slavery Act 2015.
Legal Briefings | 06 June 2018
Can humour diffuse risk in comparative advertising?
Comparative advertising is generally considered effective but high risk. It is high risk because the party being compared unfavourably may take umbrage and is more likely to challenge, plus the Courts generally expect particular care to be taken in such comparisons. The recent decision of Telstra v...