09 April 2020
COVID-19: Pressure Points: Managing competition issues whilst allowing businesses to collaborate (Australia)
The COVID-19 pandemic has resulted in a rush of applications to the ACCC seeking to authorise coordination as between competitors which might otherwise contravene provisions of the Competition and Consumer Act ( CCA ) .
03 March 2020
Directors walking tightrope on ESG disclosure
In the context of BlackRock’s climate ‘epiphany’ last month, as well as clear indications from significant fund managers such as Sir Christopher Hohn’s TCI Funds Management that they will be taking more overtly activist steps to catalyse climate action in future, listed company boards have never...
26 February 2020
ACCC continues focus on tech and essential services as part of broad ranging priorities
The ACCC’s 2020 enforcement priorities provide an insight into its focus areas and a preview of matters that are likely to develop over the course of 2020. This year’s priorities highlight a continued focus on key consumer facing industries, with technology and essential services (such as...
18 December 2019
Responsible lending: ASIC publishes significant new guidance aimed at helping credit providers apply the law in practice
Consumer credit providers in Australia have been eagerly awaiting ASIC’s updated regulatory guide on the responsible lending laws ( RG 209 ), which landed on 9 December 2019 and is another significant development in the understanding of these laws.
11 December 2019
Big data is transforming investigations
Big data is rapidly changing the way in which regulators and law enforcement conduct an investigation and build a case. New technology reduces compliance costs, but also increases regulatory expectations of businesses' monitoring, detection and reporting capabilities. And, as technology evolves,...
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
12 November 2019
Casting the regulatory net over virtual assets – SFC finalises new regulatory framework for virtual asset trading platforms
On 6 November 2019, the Security and Futures Commission ( SFC ) issued a position paper setting out a new regulatory framework for the licensing of centralised virtual asset trading platforms, following the SFC’s conceptual framework issued last year.
10 October 2019
Corporate Crime Update, Autumn 2019
Welcome to the Autumn 2019 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. This bumper edition covers a number of jurisdictions, and includes content from the summer break. For the full update on...
02 October 2019
Be on the mark – APAC central banks release study of benchmark reform implications
On 24 September 2019, the Executives’ Meeting of East Asia-Pacific Central Banks ( EMEAP ) published its study on the implications of benchmark reform across the East Asia and Pacific region ( Study ), including the effects of LIBOR discontinuation, the EU Benchmarks Regulation ( BMR ) and the...
06 September 2019
FATF and APG publish long-awaited mutual evaluation report on Hong Kong
Following the Financial Action Task Force ( FATF ) and the Asia/Pacific Group on Money Laundering’s inspection of Hong Kong in October and November 2018, their much anticipated Mutual Evaluation Report ( Report ) on Hong Kong was published on 4 September 2019. Our previous bulletin on 25 June 2019...
11 June 2019
Product Intervention Powers and Design and Distribution Obligations in Financial Services: A cross-border perspective
Many regulators view their ability to intervene as one of their key supervisory tools to reduce harm in cases where there is a risk of significant consumer detriment or threat to financial markets.
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...
04 June 2020
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. On 29 May 2020 the Chancellor announced that partial furlough would be permitted from July and that employers would be required to shoulder some of the...
04 June 2020
COVID 19: Pressure Points: Operational disruption in financial services in the age of COVID-19 (Australia)
This article is the second in a series by our financial services team which will explore the practical implications of COVID-19 on the financial services industry and our client’s businesses.
04 June 2020
Webinar: National Inquiry into Sexual Harassment in Australian Workplaces
On 5 March 2020, the Australian Human Rights Commission released its fourth national survey on Sexual Harassment in Australian Workplaces. The report has wide-ranging implications for employers - from a policy perspective and what it means to the culture of the workplace.
04 June 2020
Webinar: Mind Your Head! What I Wish I’d Known about Anxiety, Depression and Wellbeing
Andrew Wells is a Senior Associate specialising in Intellectual Property in our London Disputes team. During this session Andrew generously draws on his personal experience of anxiety and depression to offer his insights and thoughts on what we can do as individuals to combat mental ill health,...
03 June 2020
US DOJ seeks to stop human rights lawsuits against corporations
In a May 26, 2020 filing , the U.S. Department of Justice (“DOJ”) has urged the U.S. Supreme Court to hold that domestic corporations cannot be sued in U.S. courts for alleged human rights violations under the Alien Tort Statute (“ATS”).
03 June 2020
COVID-19: Pressure points: E-signing reform in Queensland (Australia)
Queensland has temporarily eased restrictions on the electronic signing of certain documents, allowing: deeds to be signed electronically and without a witness; mortgages (in certain circumstances), general powers of attorney, affidavits, declarations, wills, enduring powers of attorney and advance...
03 June 2020
High Court offers sympathy but no remedy to trustee facing unexpected tax bill
In Mackay v Wesley  EWHC 1215 (Ch), the Claimant, who was instructed by her father to become a trustee of a family trust as part of a tax scheme, failed to obtain from the High Court (1) an order rescinding her appointment as trustee and/or (2) a declaration that she never became a trustee...
02 June 2020
General Court Landmark Ruling in Three/O2 Commission Prohibition
On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The...
02 June 2020
COVID-19: Pressure Points: A quick reference tool to help assess the availability of force majeure relief under English law (UK)
The global crisis arising from the COVID-19 pandemic has inevitably prompted many commercial parties to reconsider their contractual arrangements, either because they (or a counterparty) are facing difficulties in performing their obligations or because the contract has become uneconomic in light...
02 June 2020
SEC Adopts Amendments Regarding Financial Disclosures about Acquisitions and Dispositions of Businesses
On 21 May 2020, the U.S. Securities and Exchange Commission (the “SEC”) announced the adoption of amendments to its requirements for the disclosure of financial statements relating to acquisitions and dispositions of businesses, including disclosure of related pro forma financial information. The...
01 June 2020
COVID-19 Pressure points: Online sales of pharmaceuticals – now available? (Russia)
In light of the volatile situation with COVID-19, the president of the Russian Federation signed Decree No. 187 dated 17 March 2020 “On Retail Trade of Medicines for Medical Use” (“ Decree No. 187 ”) under which distance selling of over-the-counter (“ OTC ”) medicines is permitted. Following...