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29 November 2019
Considerations for bidders who dispose of target shares during a scheme
The application by ASIC to the Takeovers Panel in the recent Australian Unity Office Fund ( AOF ) trust scheme is a reminder that there are a number of important considerations that a bidder should keep front of mind if proposing to dispose of a pre-scheme stake during a scheme of arrangement.
29 November 2019
ASX Listing Rule Amendments – Implications for Head Office
The ASX recently released a significant suite of revisions to the ASX Listing Rules and new and updated Guidance Notes. We have highlighted below some of the key changes relevant to companies from a corporate governance, executive remuneration and market disclosure perspective.
23 October 2019
M&A STANDPOINT: Formal sale processes: A useful tool to solicit offers or a last resort?
FSPs were created to encourage a competitive and confidential sale process under the Takeover Code, but often they may signal that a company has run out of options. However, a number of companies have elected to launch FSPs in recent months, so when is an FSP is the right choice for a company?
09 October 2019
ASIC Corporate Governance Taskforce: Director and officer oversight of non-financial risk report
The ASIC Corporate Governance Taskforce ( Taskforce ) released its ‘Director and officer oversight of non-financial risk report’ ( Report ) on 2 October 2019. The Report follows the review by the Taskforce of director and officer oversight of non-financial risk in financial services companies, and...
30 September 2019
Director recommendations in schemes: end of the saga?
Clarity is beginning to emerge in the courts’ approach to director recommendations in schemes of arrangement where a director stands to receive a bonus on implementation of the scheme (or has some other interest in the outcome of the scheme).
30 September 2019
Insights and guidance on ASIC’s regulatory focus for public M&A over the first half of 2019
We review and provide commentary on ASIC’s public M&A related activities over the first half of 2019 and the future areas of ASIC’s regulatory focus, as described in the corporate finance report published by ASIC in September.
30 September 2019
2019 Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement
The 2019 edition of the Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement has been launched. Recently recognised as M&A Legal Adviser of the Year at the 2019 Mergermarket Australia M&A Awards, we strive to provide our clients with an unparalleled depth of expertise. Our...
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04 December 2019
Online harmful content: the race to regulate
The decentralised, global internet has democratised many facets of everyday life, and consequently has allowed everyday citizens, extremists and everyone in between to share their views. The consequential proliferation of online harmful content meant some form of regulation was inevitable. However...
04 December 2019
Tech Regulation Series: The End of Permissionless Innovation?
The tech regulatory landscape is changing rapidly. It is complex and fragmented, both globally and by subject matter, making it difficult for technology providers to navigate. Almost weekly there are new headlines warning of risks and perils of ‘big tech’ and misuse of data. Now, more than ever, it...
02 December 2019
THE ANTI-BRIBERY AND ANTI-CORRUPTION REVIEW - THE 8TH EDITION: RUSSIA CHAPTER
The article highlights recent trends and summarises key developments of the anti-bribery and anti-corruption landscape in Russia. As a member of leading international organisations and conventions on countering corruption Russia makes efforts to implement international best practice. The country is...
29 November 2019
Considerations for bidders who dispose of target shares during a scheme
The application by ASIC to the Takeovers Panel in the recent Australian Unity Office Fund ( AOF ) trust scheme is a reminder that there are a number of important considerations that a bidder should keep front of mind if proposing to dispose of a pre-scheme stake during a scheme of arrangement.
29 November 2019
ASX Listing Rule Amendments – Implications for Head Office
The ASX recently released a significant suite of revisions to the ASX Listing Rules and new and updated Guidance Notes. We have highlighted below some of the key changes relevant to companies from a corporate governance, executive remuneration and market disclosure perspective.
28 November 2019
Contingency fees set to be introduced for Victorian class actions
On 27 November 2019 the Victorian Government tabled in Parliament the Justice Legislation Miscellaneous Amendments Bill 2019 (Vic) which introduces a new power to permit contingency fees to be ordered in Victorian class actions. If passed, the new law will permit plaintiff law firms to receive a...
28 November 2019
PUBLIC TO PRIVATE: THE RETURN OF THE PRIVATE EQUITY BIDDER
2019 has seen a significant rise in the number of private equity (PE) and other financial buyers on public mergers and acquisitions (M&A). When a PE house undertakes a public M&A transaction, it should be aware from the outset that there are some key differences to private M&A, and that...
25 November 2019
Scanning the scanners – what employers need to know about the Australian privacy act and Europe's GDPR
As technology evolves with unprecedented speed, the law can struggle to keep pace. Nowhere is this more apparent than in the area of employment relations and specifically the topic of employee monitoring, where companies and organisations are discovering the truth of the old adage: just because you...
25 November 2019
The world of work: Real Estate perspective
The world of work is undergoing a transformation on a scale not seen since the Industrial Revolution. Automation and digital technology are changing how, when and where we work, and in what roles. Flexible and remote working has mushroomed, with clear implications for organisations' workspace...
25 November 2019
Executive Summary: The rise of workforce activism
The paradox of the robotic age is that automation will only make human skills more valuable. The World Economic Forum estimates that 75 million jobs will be lost to automation by 2022 but 133 million new jobs will be created – jobs requiring uniquely human qualities such as emotional intelligence...
