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26 May 2020
Has the Full Court 'Rokt' the boat
Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86 is the most recent in a string of decisions by the Full Court of the Federal Court in which the Court has yet again rejected a computer-implemented invention in this instance a digital advertising system and method as patentable subject matter.
07 May 2020
COVID-19: Governance: General licensee obligations in the current context (Australia)
Does the COVID-19 crisis affect the way in which general licensee obligations under section 912A(1) of the Corporations Act 2001 (Cth) are interpreted? Australian financial services licensees ( AFS Licensees ) must comply with the general obligations imposed on them in section 912A(1) of the...
29 April 2020
Commonwealth fails in its claim for compensation for PBS expenditure
The Federal Court’s decision in Commonwealth v Sanofi Justice Nicholas’ long-awaited decision in Commonwealth v Sanofi is an Australian first. 1 Of the 4 cases in Australia in which the Commonwealth has sought compensation for losses arising from an interlocutory injunction restraining the launch...
29 April 2020
COVID-19: Governance: Signing documents using electronic signatures (Hong Kong)
Given the current restrictions on social interaction put in place to combat the spread of COVID-19, working from home is becoming the new normal. As a result, it is not always easy to sign paper copies of documents while working from home, and businesses across the world are exploring the increased...
29 April 2020
DIFC Court considers its power to grant damages for breach of whistleblowing protections
On 8 April 2020, the Court of First Instance of the Dubai International Financial Centre (“ DIFC ”) issued a preliminary judgment indicating that the Court has the power to grant relief for losses suffered as a result of a breach of Article 64 of DIFC Law No. 7 of 2018 (the “ Operating Law ”),...
18 March 2020
COVID-19 People: Short guide for employers (Australia)
The COVID-19 virus is new, rapidly evolving and having a major impact on workplaces. The virus is giving rise to multitude of employment and safety-related questions in a context which has not previously been contemplated, on topics ranging from an employer’s payment obligations and dealing with...
03 March 2020
A General Safety Provision - are we there yet??
It is looking increasingly likely that a ‘General Safety Provision’ for consumer products will be introduced into legislation in the near future. This idea has been simmering for some time and the Commonwealth Treasury has recently received public submissions on whether such a legislative provision...
28 February 2020
The rising tide of climate change litigation
The Urgenda Foundation, a not-for-profit organisation made up of Dutch nationals, sought orders that the State of the Netherlands limit the volume of greenhouse gas emissions in the Netherlands such that the volume would be reduced by between 40% and 25% at the end of 2020, as compared to the...
18 February 2020
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses all over the world. Many Australian policyholders are asking: can the adverse financial consequences of the interruption be claimed on insurance...
10 February 2020
Patent and Pharma Update, February 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the Supreme Court decision of Shanks v Unilever on employee inventor compensation. We update on two CJEU decisions relation to public access to documents submitted...
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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
26 May 2020
Australian Federal Government eases continuous disclosure rules
Yesterday, the Australian Federal Government modified the continuous disclosure provisions of the Corporations Act 2001 (Cth) ( Corporations Act ) in an effort to provide temporary relief to companies and officers for a six month period from today.
26 May 2020
Has the Full Court 'Rokt' the boat
Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86 is the most recent in a string of decisions by the Full Court of the Federal Court in which the Court has yet again rejected a computer-implemented invention in this instance a digital advertising system and method as patentable subject matter.
22 May 2020
Insurance articles for The In-House Lawyer magazine, Spring 2020 edition
The insurance team at Herbert Smith Freehills has contributed two articles to the latest edition of The In-House Lawyer magazine. The articles consider important insurance issues that in-house lawyers should be aware of, especially in the current market.
22 May 2020
COVID-19: Initial responses of certain African countries (Africa)
More than 2 months after the WHO declared the novel coronavirus a pandemic on 11 March 2020, the epicentre of the outbreak has shifted from Asia, where it first appeared in late 2019, to the USA, which still has the highest number of COVID-19 cases and deaths. While initial fears were focused on...
22 May 2020
COVID-19: People: Job Retention Scheme (UK)
On 22 May 2020 the UK Government issued a new Direction amending the legal framework for claims under the Coronavirus Job Retention Scheme. We have updated our briefing on the Scheme below to reflect the changes, which are also highlighted in our blog post here .
21 May 2020
COVID-19: Governance: Corporate Insolvency and Governance Bill – major insolvency reforms proposed (UK)
The Government on 20 May 2020 published the Corporate Insolvency and Governance Bill, which contains the most far-reaching reforms to UK insolvency law in over 30 years. The Bill has been introduced on an emergency basis in an attempt to ensure that otherwise financially viable companies survive...
21 May 2020
COVID-19: Pressure Points: foreign direct investment regulation – drawbridges continue to rise in response to the pandemic (Global)
Foreign direct investment (“ FDI ”) regulation has featured increasingly on the radar for cross-border M&A, against a backdrop of amplified protectionist rhetoric. Even before the COVID-19 pandemic, a number of countries which have traditionally been seen as open to foreign investment were...
21 May 2020
COVID-19: Governance: practical issues around signing and completion (UK)
Given the current restrictions on interaction which have been imposed by the UK Government and with a large number of people now working from home, it is not always possible to adopt the usual methods for signing and completing deals. We have summarised below some practical points to ensure...
