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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...
17 March 2020
COVID-19: Potential legal impact (Spain)
In recent days, different measures have been adopted to counter the exceptional situation generated in Spain by COVID-19, including Royal Decree 436/2020, of 14 March, which declares the state of emergency to tackle the health emergency caused by COVID-19 (" RD 463/2020 "). The situation is highly...
02 March 2020
The cooperation dilemma – legal privilege in the “why not litigate” era
The Financial Services Royal Commission has had a significant impact on regulators’ appetites to obtain documents subject to claims of legal professional privilege and shifted strategic considerations that companies will weigh in deciding whether or not to provide privileged documents to regulators.
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.
02 September 2019
One Step Forward for Battery-powered Electric Vehicles in Indonesia
On 8 August 2019, Indonesia’s President signed the country’s first regulation on electric vehicles – Presidential Regulation No. 55 of 2019 on the Acceleration Program for Battery-powered Electric Vehicles for Road Transportation (“ PR 55/2019 ”). PR 55/2019 reflects the government’s twin ambitions...
25 June 2019
The view from Brussels - Can the Backstop be Renegotiated?
Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in particular the Protocol on Ireland/Northern Ireland. Meanwhile in Brussels, the EU-27 (meeting in Euro summit format) has just reiterated, again,...
15 April 2019
Corporate Debt & Treasury Report 2019
British business is bullish about raising debt despite uncertainty over Brexit and other headwinds. For a sixth consecutive year, Herbert Smith Freehills LLP has surveyed and interviewed CFOs, treasurers and other senior finance professionals in large UK listed corporates and equivalents for our...
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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...
03 April 2020
COVID-19: People: Temporary amendments to Modern Awards concerning leave entitlements (Australia)
The Fair Work Commission ( FWC ) announced that it proposes to temporarily vary 103 modern awards to: provide all employees (including full-time, part-time and casual employees) with a new entitlement of up to 2 weeks’ unpaid pandemic leave; and provide for employees, by agreement with their...
03 April 2020
COVID-19: Pressure points: German Start-Up Liquidity Programme 2020 (Germany)
On 31 March 2020, the German Federal Government (through the German Federal Ministry of Finance and the German Federal Ministry of Economy and Energy) has announced to provide further liquidity measures in light of the ongoing COVID-19 crisis, this time specifically tailor-made and shaped to...
03 April 2020
COVID-19: Posible impacto jurídico (últimas novedades) (España)
En los últimos días se ha publicado nueva normativa para hacer frente a la crisis sanitaria provocada por el COVID-19. Analizamos a continuación, los impactos más relevantes de las medidas que se incluyen fundamentalmente en el Real Decreto-ley 11/2020, de 31 de marzo, por el que se adoptan medidas...
03 April 2020
COVID-19: People: Flexibility provisions in Modern Awards (Australia)
Over the past week, the Fair Work Commission ( FWC ) has made determinations to vary the Clerks – Private Sector Award 2010 (the Clerks Award ), the Hospitality Industry (General) Award 2010 (the Hospitality Award ) and the Restaurant Industry Award 2010 (the Restaurant Industry Award ), to address...
02 April 2020
COVID-19: Pressure Points: Contractual Implications and Considerations under New York law (United States)
As the COVID-19 outbreak keeps impacting contractual performance, an increasing number of counterparties are seeking ways to avoid contractual liability for non-performance. Parties with contracts governed by New York law should consider a number of issues before attempting to excuse performance...
02 April 2020
COVID-19: People: Handling COVID-19 related health information (Australia)
The COVID-19 pandemic has led to information gathering and sharing that has, up until now, not been contemplated by many Australian organisations. Businesses are dedicating resources to implement essential measures aimed at responding to COVID-19 and protecting the health of their personnel and...
02 April 2020
COVID-19: People: ADGM issues new COVID-19 circular regarding employees - 5 key points (Abu Dhabi)
The Abu Dhabi Global Market (“ ADGM ”) is an economic freezone located in Abu Dhabi, with its own set of civil laws based on the law of England & Wales. The ADGM’s Registration Authority (“ RA ”) issued Registration Authority Circular No. 14 of 2020 on 29 March 2020 (“ Circular ”), its most...
02 April 2020
COVID-19: PRESSURE POINTS: Right vs obligation to file for insolvency (Spain)
In Spain individuals and entities have an obligation to file for insolvency if they are unable to regularly meet their obligations within two months of the position of insolvency coming to light. Breach of that obligation could lead to civil (and even criminal) liability.
02 April 2020
COVID-19: Governance: OJK introduces credit stimulus to mitigate pandemic impact (Indonesia)
Indonesia’s Financial Services Authority ( OJK ) has issued credit stimulus policies for Indonesian banks, relaxing credit scoring requirements and providing special treatment for loan restructuring.
02 April 2020
COVID-19: Pressure Points: US Securities Disclosure Implications for Foreign Private Issuers (United States)
Many companies are facing operational and other challenges as a result of COVID-19 and satisfying securities disclosure and financial reporting obligations is certainly one of them. In this memo we describe how US securities law disclosures are likely to evolve in the coming weeks and months in...
