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26 November 2020
The Future of Cities: Businesses stand ready to help governments unlock city investment
At the start of 2020, global investment in city projects was reaching new heights. The world’s biggest spending cities were investing in over 8,200 projects in 2019, with a combined project pipeline of US$5.3 trillion. Then the pandemic hit, followed closely by economic recession: government...
17 November 2020
Future Cities Series: The role of green taxes in fighting climate change
The reduction in consumption and depressed economies resulting from the pandemic will necessarily lead to reduced tax revenue this year and in subsequent years. Against this back-drop, how will governments balance a desire to pursue a green agenda with the need to address budget deficits and...
05 November 2020
Future Cities Series: Views from our sector experts
This series examines the most pressing issues facing our cities in the post-Covid era. We have taken a cross-sector view of the legal and regulatory impacts of the pandemic and have scrutinised the key areas that are likely to be affected by it. Across each of those areas, our sector experts...
05 November 2020
Future Cities Series: Creating a safe cyber and data future
The pandemic has shown us just how dependent society is on computers connected to the internet and the information that is used and stored. This dependence has also increased, with many regarding the pandemic as an accelerator for digitalisation. Yet this time has also highlighted that we are far...
05 November 2020
Future Cities Series: Can smart buildings revive the office?
We have all heard how the Covid-19 pandemic has emptied offices around the world and the growing belief that wide-scale home working is here to stay. By this reasoning, the large city centre office is dying out. But, as with many areas, the pandemic could instead accelerate changes to office spaces...
15 September 2020
Future Cities Series: Beyond Applause – Key workers in future cities
The contribution made by key workers to our cities has never been more essential – or more appreciated. Yet many of our cities are increasingly unaffordable for nurses, paramedics, teachers and police officers. The Covid‑19 pandemic may result in a renewed focus on enabling key workers to live and...
30 July 2020
Human rights arguments increasingly deployed in climate change litigation
There has been a significant rise over the past five years in the number of climate change claims that have been based (at least in part) on human rights principles, according to the latest report from the London School of Economics Grantham Research Institute on Climate Change and the Environment...
21 July 2020
Can predictive analytics prevent employee misconduct?
With predictive policing and crime forecasting gaining attention, although not always good, it is not surprising that businesses are considering how to deploy analytics in their fight against employee misconduct. Certainly, financial regulators have encouraged organisations to become more...
21 July 2020
Digital forensics in investigations and the growing data burden
The approach to digital forensics in investigations is constantly evolving to keep pace with the increasing volume, velocity and variety of data within organisations. Almost every action we take leaves a digital trail and the type of information businesses are collecting, both internal and external...
21 July 2020
Big data and modern slavery
While the benefits of data and technology can be leveraged to aid businesses with modern slavery compliance and due diligence, businesses should not lose sight of the risks involved with overreliance on these tools. Despite the promise of more informed decision making, big data is not without its...
21 July 2020
Using big data to fight financial crime
In a regulatory environment which demands ever higher standards for anti-money laundering ( AML ) compliance, many financial institutions have responded by significantly increasing headcount in their AML functions, often at significant cost. However, an investment in headcount alone may not yield...
21 July 2020
Regulators lead businesses in monitoring of misconduct
As regulators and law enforcement increasingly rely on advanced data analytics for monitoring and surveillance, the risk is growing that they will detect misconduct by employees and customers that has gone undetected by a company’s own internal systems.
21 July 2020
The byte of big data: Investigations and enforcement
The growth in volume and complexity of information available has had a tremendous impact on international commerce, and rapidly changing the way in which regulators and law enforcement conduct an investigation. For businesses, data provides significant commercial opportunities and the ability to...
21 July 2020
Monitoring for misconduct: Client survey insights
The age of big data is upon us. Advances in data analytics and machine learning offer significant potential for compliance driven monitoring for misconduct. Whether it is monitoring employees, supply chains or customer transactions – there are opportunities for a more efficient and effective...
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22 January 2021
Policyholders defeat insurers’ appeal in UK FCA test case on cover for COVID-19 business interruption losses
The momentum in favour of policyholders seeking BI cover for COVID-19 related losses continues as the English Supreme Court has unanimously dismissed the insurers’ appeal against the original judgment which was largely favourable to policyholders.
21 January 2021
Proposals by the Indian Ministry of Corporate Affairs for a new Prepackaged Insolvency Resolution Process
Background and purpose of the proposals On 8 th January proposals for a new ‘Prepackaged Insolvency Resolution Process’ ("PIRP") were issued by the Indian Ministry of Corporate Affairs for public consultation, and we have considered them from a foreign perspective. The proposals are continuing...
21 January 2021
Corporate Treasurer Briefing - Is LIBOR Really Entering the End Game?
The end of 2021 has been the date set in stone for the discontinuation of LIBOR for some time. In our briefing we look at the status of LIBOR transition across various different currencies and products and explore some of the events which will catalyse the transition in 2021.
20 January 2021
The Anti-Bribery and Anti-Corruption Review - 9th Edition: Russia Chapter
Although Russia was ranked 137 out of 198 countries on Transparency International’s 2019 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...
19 January 2021
Key TCA issues for the energy sector
The EU-UK Trade and Cooperation Agreement (" TCA ") establishes objectives for the energy market by providing for the facilitation of trade and investment between the EU and the UK (the “ parties ”) in the areas of energy and raw materials, and supporting security of supply and environmental...
19 January 2021
UK Export Development Guarantee scheme: supporting UK exporters to access liquidity
An increasing number of UK manufacturing and industrial companies including Rolls-Royce and the UK's two largest airlines have recently turned to UK Export Finance (UKEF), the UK government’s export credit agency for trade finance and insurance, to provide guarantees to assist with accessing...
18 January 2021
UK Government's 10 point plan
The UK government recently announced a £12 billion “Ten Point Plan” to lead a “Green Industrial Revolution”. This plan aims to mobilise £42 billion of private investment by 2030 with the aim of reducing UK emissions by 180 million tonnes of carbon dioxide equivalent between 2023 and 2032. The below...
15 January 2021
Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case
The Supreme Court has today handed down judgment in the Covid-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others . Herbert Smith Freehills acted for the FCA who advanced the claim for policyholders.
14 January 2021
Why the Worley court action is a landmark case for boards
A recent landmark court decision on class actions is being interpreted as a signal to boards and directors that they may successfully defend class actions if they can show they took reasonable steps to determine how decisions were made. Herbert Smith Freehills partner Jason Betts, who will host an...
14 January 2021
The Al-Ula Declaration – GCC diplomatic relations restored
In June 2017, Saudi Arabia, the United Arab Emirates (the “UAE” ), Egypt and Bahrain announced that they would sever diplomatic ties with, and cut off transport links to, Qatar. Three and a half years later, the states have agreed to restore diplomatic relations. While details of the reconciliation...
