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Recent Articles

12 March 2020

23rd Annual IBA Arbitration Day, Innovation 360: new and novel ideas for the practice of arbitration—critically tested

A conference presented by the IBA Arbitration Committee 12-13 March 2020
29 January 2020

Is US government inaction on climate change a breach of the constitution?

A United States court has recently been asked to consider whether the federal government’s inaction in relation to climate change breaches the United States constitution. The court (by a majority of two to one) reluctantly found that they did not have jurisdiction to order the government to redress...
29 January 2020

Corporate Debt and Treasury Research 2020

Herbert Smith Freehills (HSF) and the Association of Corporate Treasurers (ACT) are proud to be collaborating again on the 7th Annual - UK Corporate Debt and Treasury Report .
29 January 2020

Protecting your company’s critical resource: Is your company PDPA ready?

Data has been labeled the world’s most valuable resource in our current digital economy. It is the lifeblood of many companies, especially those in the technology, media and telecommunications sector where data is often used to predict, analyse and respond to consumers’ behaviours, patterns and...
29 January 2020

Court of Appeal ruling in Ping confirms that online sales ban amounts to serious infringement of competition rules

On 21 January 2020 the Court of Appeal confirmed that the online sales restriction imposed by golf manufacturer Ping on its approved retailers under its internet sales policy (ISP) was a restriction of competition ‘by object’, the most serious type of competition law infringement that does not...
28 January 2020

DIFC Employment Law Update: New DEWS Scheme replaces ESG from 1 February 2020 – 10 key features every employer needs to know

As we previously reported, the new DIFC Employment Law, Law No. 2 of 2019, came into effect on 28 August 2019 (click here to read our employment e-bulletin on 16 key changes introduced by the new law). Also as previously reported ( here ), following a period of consultation, the statutory end of...
28 January 2020

The View from Brussels: Some critical issues for the future trade relationship

The European Commission has started a debate with the Member States on the shape of the Union's future trade relationship with the UK and has made its views public in a series of slides . The UK Government has so far not set out its position in anything like the same detail but has indicated a...
27 January 2020

Construction Arbitration Podcast

Complex construction projects commonly give rise to disputes, which are often referred to arbitration. But what makes a construction arbitration different from any other type of commercial arbitration?
24 January 2020

Financial Accountability Regime to introduce obligations on RSE licensees and insurers

Reforms proposed by the Government this week will impose significant obligations on registrable superannuation entity licensees and insurers. These reforms will also have implications for banks that are already subject to the Banking Executive Accountability Regime ( BEAR ).
22 January 2020

Moscow Corporate Crime and Investigations Newsletter - January 2020

This newsletter summarises recent developments in Russian regulations, enforcement and court practice which may be relevant for doing business in Russia, from a corporate crime and investigations perspective. Additionally, this newsletter identifies some developments in the US and other relevant...
21 January 2020

The new environment for climate change litigation

The Dutch Supreme Court (the Court ) has recently affirmed a decision of the District Court to issue an order directing the State of the Netherlands to reduce it's greenhouse gas emissions by the end of 2020 by at least 25% of the emissions as at 1990. The order issued by the District Court now...
21 January 2020


The High Court has struck out claims brought by former investors in the Ingenious Media tax deferral schemes against lending banks who advanced sums to the investors for the purpose of investing in the scheme: Mr Anthony Barness & Ors v Ingenious Media Limited & Ors [2019] EWHC 3299 (Ch) .
16 January 2020

Top 10 Employment Law Developments Of The Decade: Part 2

In the final installment of our two-part article, we conclude our countdown of the top U.S. labor and employment developments of the 2010s. This part covers the key developments from 2015 to 2019, and it concludes with our selection of the most important development of the decade.
15 January 2020

Australian Employment and Industrial Relations Podcast

On the new Herbert Smith Freehills Podcast channel, tune in as our Employment and Industrial Relations experts give an update on current and emerging industrial relations and employment issues.
15 January 2020

Top 10 Employment Law Developments Of The Decade: Part 1

As the 2010s have drawn to a close, it feels fitting to highlight the most significant U.S. labor and employment developments of the decade in quintessential 2010 fashion — through an internet top 10 list.