18 July 2019
Moscow Corporate crime and investigations newsletter - July 2019
This newsletter summarises recent Russian regulation, enforcement and court practice developments which may be relevant for doing business in Russia from corporate crime and investigations perspective. Additionally, this newsletter spots some US and other relevant developments which should be kept...
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...
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: 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.
06 June 2019
The Public-Private Partnership Law Review - 5th edition: Russia Chapter
In Russia, the public-private partnership (PPP) sector is dynamically developing and contains many examples of successful projects in all key areas of the Russian economy – in particular, transport, healthcare and utilities. However, in comparison with some other countries, Russian PPP legislation...
07 May 2019
The Corporate Governance Review - 9th Edition: Russia Chapter
The core statute setting forth the general framework for the Russian governance regime is the Russian Civil Code (RCC). The RCC outlines the basic available corporate forms, including the most commonly used forms: the limited liability company (LLC) and the joint-stock company (JSC); the structure...
28 March 2019
Cyber Security Quarterly Round-Up, March 2019
If the first quarter of 2019 is anything to go by, cyber security risk is still a high-ranking board agenda item with no sign of abating and the regulatory landscape is becoming ever more complex as we strive to respond and mitigate the risks of cyber incidents. We provide a summary of the key...
26 February 2019
The Inward Investment and International Taxation Review - 9th Edition: Russia Chapter
In the past few years, the Russian government has taken various measures to reduce adverse consequences of sanctions introduced by the United States, EU and certain other countries and to encourage foreigners to invest in Russia. The measures included major reform of corporate law, simplification...
14 December 2018
The Anti-Bribery and Anti-Corruption Review, 7th Edition, Russia Chapter
Although Russia was ranked 135 out of 180 countries on Transparency International’s 2016 Corruption Perceptions Index, sharing the spot with such countries as Mexico, Papua New Guinea and Paraguay, in its Third Round Evaluation Report published on 21 November 2016, the Group of States against...
10 December 2018
Getting the deal through: Joint Ventures 2019
Joint ventures are arrangements where two parties (or, sometimes, more) come to an agreement to pool their resources to achieve a specific outcome. It could be a project, long-term partnership, or simply a way of providing customers with a service they want, or have come to expect. Joint ventures...
13 November 2018
The next step in legislating for the use of self-driving vehicles
The Automated and Electric Vehicles Act 2018 received Royal Assent in July 2018. While providing (in broad terms) for a system of civil liability where an accident is caused by an automated vehicle and establishing core definitions, the Act does not seek to address a number of important issues...
21 September 2018
European Private Equity Review, Autumn 2018 Edition
The Herbert Smith Freehills European Private Equity Review highlights legal developments of particular significance for European financial sponsors and shares our experience of trends across the European private equity landscape and opportunities for growth.
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
Challenges & Opportunities as CDR legislation nears enactment
Herbert Smith Freehills’ briefing on the progress of the Consumer Data Right ( CDR ) regime in Australia following the CDR Bill’s introduction into Parliament last Wednesday. Our briefing identifies key potential industry impacts, practical CDR issues and cross-sector CDR implications that...