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31 March 2020
COVID-19: PEOPLE: Latest developments in employment law (Spain)
On 28 March, Spain’s Official State Journal (Boletín Oficial del Estado) published Royal Decree-law 9/2020, of 27 March, which adopts a series of supplementary measures in employment matters to mitigate the impact of COVID-19 (“ RDL 9/2020 ”). Royal Decree-law 10/2020, which regulates recoverable...
27 March 2020
COVID-19: People: Employment Issues - Key Developments and Resources (United States)
As COVID-19 continues its spread across the United States, federal, state, and local governments are taking emergency measures on a daily basis to respond to the pandemic. To keep our clients updated on these developments, below we have provided key considerations, developments, and resources in...
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...
15 December 2017
Whistleblower reform continues with draft legislation introduced
On 7 December 2017, the Australian Government took a further step towards whistleblower reform by introducing the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 into the Senate ( Whistleblower Bill ).
26 October 2017
"Lightening the load" – is retrospective levelling-down of pension benefits a Safe Way to equalise?
Benefit equalisation might just be about to take a much-needed haircut. In its recent decision in Safeway the Court of Appeal has opened up a new ‘Barber Window of opportunity’ by questioning the long-established principle that benefits cannot be levelled-down retrospectively in order to align male...
28 September 2017
IBM v Dalgleish says “reasonable expectations” are just that – but beware the Consultation Regulations, the new ‘wolf in sheep’s clothing’
IBM’s emphatic win in the Court of Appeal has been widely acclaimed as a victory for employers seeking to manage their pension liabilities – and rightly so. But could the judgment have a sting in its tail?
22 September 2017
IMPORTANT CHANGES TO RULES ON AGREED COLLECTIVE TERMINATIONS (rupture conventionnelle collective)
ORDONNANCE ON THE PREDICABILITY OF WORKING RELATIONS AND SECURING THESE WORKING RELATIONS This briefing summarises the Macron reforms in relation to the introduction of a new codified right to make collective terminations by agreement (outside of a social plan). This is a change from the current...
21 September 2017
'ORDONNANCE' ON THE PREDICABILITY OF WORKING RELATIONS AND SECURING THESE WORKING RELATIONS: IMPORTANT CHANGES TO RULES ON REDUNDANCIES
This briefing summarises the Macron reforms in relation to the simplification of redundancy processes: Limiting the economic difficulties test to the business sector in France exclusively Defining what is a business sector Reducing the redeployment obligations – limiting these to France For...
07 September 2017
THE LOI TRAVAIL – FUNDAMENTAL LABOUR LAW REFORMS IN FRANCE MOVING FRENCH LABOUR LAW TOWARDS THE REALITIES OF THE MODERN MARKET? - OVERVIEW OF THE KEY MEASURES
One of Emmanuel Macron's key campaign promises was the reform of laws relating to employees, in order to help French companies respond in a more flexible manner to the challenges they are facing and become more competitive in the global market.
07 September 2017
THE LOI TRAVAIL – FUNDAMENTAL LABOUR LAW REFORMS IN FRANCE MOVING FRENCH LABOUR LAW TOWARDS THE REALITIES OF THE MODERN MARKET? - CAPS ON TRIBUNAL DAMAGES
This is the first of our detailed briefings in relation to the Macron labour law reforms and will cover the subject of caps on tribunal damages.
21 June 2017
South African mining industry blindsided by Mining Charter III
Much controversy has surrounded the Reviewed Broad-Based Black Economic Empowerment Charter for the South African Mining Industry (“ Mining Charter III ”). Since a draft was published for public comment in April last year questions have arisen as to the lack of meaningful consultation by the...
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10 May 2021
London International Disputes Week 2021
10 – 14 May 2021 Herbert Smith Freehills is a proud founding member of LIDW. London International Disputes Week 2021 comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. Through a programme of...
26 February 2021
Private equity investments under the UK’s new national security screening regime
The implications of the UK’s proposed national security investment screening regime have been widely debated since the National Security and Investment Bill ( NSI Bill ) was introduced to Parliament on 11 November 2020.
26 February 2021
Flexible and bespoke bid conditions – protecting against material risks
In E&P Financial Group Limited [2021] ATP 1, the Takeovers Panel has confirmed that bidders have considerable latitude to craft and impose bid conditions that are designed to protect against material risks – subject always to the conditions not being prohibited by law or policy, such as...
25 February 2021
Inside Arbitration: Event report - The threat of legal claims against arbitrators and arbitral institutions
This year marked the tenth edition of the Herbert Smith Freehills – SMU Asian Arbitration Lecture Series. We were privileged to have Ms Loretta Malintoppi from 39 Essex Chambers deliver that lecture, focusing on an often overlooked but growing threat of potential civil liability of arbitrators and...
25 February 2021
Inside Arbitration: Party autonomy prevails Revisiting London after the latest Supreme Court decisions
Against the backdrop of Brexit, there has been an increased interest in London as an arbitral seat, intensifying with the UK’s exit from the EU in January 2020 and over the few months leading up to the end of the transitional arrangements on 31 December 2020. This greater focus on London has...
25 February 2021
Inside Arbitration: The New ICC Rules 2021: What you need to know
The new ICC Rules 2021 (2021 Rules) came into force on 1 January 2021. When released in draft in October 2020 they were announced as “ another step towards even more efficient, flexible and transparent ICC Arbitrations ”. The 2021 Rules came hot on the heels of the release of the new LCIA Rules...
25 February 2021
Inside arbitration: Spotlight interview: Kath Sanger
Born and bred in Yorkshire, UK, Kath has lived and worked in Mainland China and Hong Kong since 2002. She joined our Hong Kong Arbitration Team as a Partner in October 2016, after many years in the Disputes team of Clifford Chance. Kath is a commercial arbitration specialist with a broad practice...
25 February 2021
Inside arbitration: ASIs to the rescue using anti-suit injunctions to protect an arbitration agreement
International, commercial parties overwhelmingly elect to arbitrate their cross-border disputes, rather than taking them to court. As a matter of law, an arbitration agreement ousts the jurisdiction of any national court to decide the substance of the dispute. Despite this, our clients increasingly...
25 February 2021
Inside Arbitration: A new frontier - What does the Brexit deal mean for cross-borderdispute resolution and for London-seated arbitration?
The transition period under the Withdrawal Agreement has now come to an end and, following the last minute announcement of a deal between the UK and EU on 30 December 2020, businesses across the world are assessing the practical implications of Brexit for doing business in the UK and the EU going...
25 February 2021
Inside Arbitration: Spotlight interview: Mike McClure
Mike is a Herbert Smith Freehills world traveller, having spent time in our London, Dubai, Hong Kong and Moscow offices. Now based in Seoul, he heads the office and leads a thriving international arbitration practice in one of Asia’s most up–and–coming arbitral seats. Mike’s practice covers...
