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03 December 2021
Expansion to Australia’s sanctions regime passed by Parliament
On 2 December 2021 the Australian Parliament passed the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Bill 2021 ( Bill ) introducing a new thematic sanctions regime to the Autonomous Sanctions Act 2011 ( Act ) and Autonomous Sanctions Regulations 2011 ( Regulations ).
01 July 2021
Legal Professional Privilege in Australia
Download PDF Legal Professional Privilege ( LPP ) remains one of the most important areas of law for businesses to understand, particularly those navigating internal or external investigations, regulatory enforcement action, litigation or dispute resolution. Our regulatory and disputes specialists...
01 July 2021
Legal Professional Privilege: Claiming LPP
Download PDF This article is part of our Legal Professional Privilege in Australia series where our regulatory and disputes specialists have developed a suite of resources to provide practical guidance on common questions and scenarios when dealing with LPP in Australia.
18 June 2021
When should companies be prosecuted for the acts of employees and third parties?
On 9 June 2021, the HSF London Corporate Crime and Investigations ("CCI") team hosted the launch event for the Law Commission's consultation on what (if any) reform should be proposed to HM Government in relation to the law on corporate criminal liability in England and Wales. This was the first in...
09 June 2021
Launch event: Law Commission review of the law relating to corporate criminal liability
On 9 June 2021 at 4.30pm, our Corporate Crime and Investigations team will be hosting an event where the Law Commission will launch its review of the law relating to corporate criminal liability in England and Wales.
30 November 2020
Corporate Crime Update - November 2020
Welcome to the November 2020 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. For the full update on each jurisdiction, please click on the links below.
02 September 2020
ALRC takes a measured approach in its final report on corporate criminal responsibility
The ALRC’s final report on corporate criminal responsibility is lengthy and there is a lot to absorb for Government and the business community. We have outlined our key areas to watch on the proposed reforms. Against a poor record of corporate crime prosecutions in Australia, the ALRC was tasked...
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.
12 January 2022
Corporate Governance snapshot: Preparing your annual report and AGM notice in 2022
This snapshot summarises the key developments and issues arising in practice over the last 12 months which impact the 2021 annual report and the AGM in 2022. For further information or to obtain a copy of our full briefing on preparing your annual report and AGM notice in 2022, please email one of...
11 January 2022
Corporate Governance snapshot: Reporting in structured electronic format
The UK Transparency Rules require listed companies to produce their annual report and accounts in structured electronic format in respect of financial years beginning on or after 1 January 2021. The new rules require listed companies publish their annual report and accounts in XHTML web browser...
10 January 2022
PODCAST: THE NEW NATIONAL SECURITY & INVESTMENT ACT – WHAT DO PUBLIC M&A PRACTITIONERS NEED TO KNOW?
In the latest episode in our public M&A podcast series, we discuss the National Security & Investment Act – the new regime which gives the UK government powers to screen and block acquisitions and investments on national security grounds – and the impact for public M&A practitioners.
05 January 2022
Merricks v Mastercard: the litigation risks for the financial services sector
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on the repercussions of the recent decisions in the Merricks v Mastercard litigation for the wider litigation landscape, particularly for the financial services sector.
24 December 2021
The Growing Importance of Social Loans for Project Finance
The last five years has seen a global boom in sustainable financing, primarily driven by green loans and bonds, and sustainability linked loans (SLLs). Growth in this area has been linked to a desire to align financing transactions with a broader imperative to improve the environmental impact of...
23 December 2021
Is it game over for computer-implemented inventions in Australia?
The Full Court of the Federal Court of Australia has provided some clarity on assessing whether computer-implemented inventions constitute patentable subject matter, finding that Aristocrat’s patent claims to electronic gaming machines with particular gaming features were not a “manner of...
22 December 2021
Activism Rising – The Role of Shareholders in Shaping ESG Strategy
While environmental, social and governance (ESG) activism has long been a feature of many markets globally, 2021 has signalled the increased willingness of large institutional investors to take or support activist action against corporate boards where they perceive companies’ progress on ESG issues...