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17 October 2022
Biannual Banking Litigation Update (Autumn 2022)
Welcome to the Autumn 2022 edition of our biannual Banking Litigation Update, in which we highlight the most important cases and developments affecting UK financial institutions over the past six months. Read the full Banking Litigation Update here.
30 September 2022
Russian sovereign debt defaults: a disputes perspective
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law (JIBFL) on Russia's default on its foreign currency sovereign debts from the perspective of potential disputes and litigation.
26 July 2022
Global LIBOR Legislative Solutions
Herbert Smith Freehills LLP have published an article in Bloomberg Law detailing the key legislative and/or regulatory solutions that jurisdictions have adopted to mitigate the risks raised by so-called "tough legacy" contracts following the discontinuation of the London Inter-Bank Offered Rate (...
13 June 2022
Herbert Smith Freehills contributes chapter to The Securities Litigation Review (8th Edition)
Herbert Smith Freehills have contributed the England and Wales chapter of The Securities Litigation Review. Now in its eighth edition, The Securities Litigation Review is a guided introduction to the class action regimes for securities claims in the key jurisdictions across the globe, providing a...
06 May 2022
Biannual Banking Litigation Update (Spring 2022)
Welcome to the Spring 2022 edition of our biannual Banking Litigation Update, in which we highlight the most important cases and developments affecting UK financial institutions over the past six months. Read the full Banking Litigation Update here.
03 May 2022
Cryptocurrency, proprietary injunctions, freezing orders, and trusts: the law is not cryptic
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on a recent cryptocurrency case, Wang v Darby [2021] EWHC 3054 (Comm) , which applies established principles relating to trusts, proprietary injunctions and worldwide freezing...
07 March 2022
Overview of anticipated focus areas for BBLS litigation
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on the government's Bounce Back Loan Scheme ( BBLS ) and the anticipated focus areas for litigation against BBLS lenders now that collection and recovery activities have begun.
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.
23 July 2021
Know your limits: the increasingly high bar for claims to extend the limitation period
Herbert Smith Freehills LLP have published an article in the New Law Journal on recent authorities clarifying the application of the Limitation Act 1980 and the high threshold for claimants to postpone the limitation period under s.32 or s.14A of that Act.
16 February 2021
LIBOR transition: What is a "safe harbour" and why does the UK’s legislative toolkit need one?
In the context of the UK’s legislative solution for the transition of so-called "tough legacy" LIBOR contracts, contained within the Financial Services Bill ( FS Bill ), HM Treasury ( HMT ) has recently published a consultation paper: Supporting the wind-down of critical benchmarks .
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25 November 2022
A new normal: data governance and internal stakeholder alignment
Building a robust data governance and privacy compliance regime requires strategic planning and meaningful business buy-in. As the spotlight on data governance intensifies, legal leaders across all industries are evaluating best practices.
16 November 2022
On Just Terms Podcast Series
Australia is a litigious country - we meet with Australia's leading legal and commercial minds to discuss how to manage the corporate risk landscape. Join host Jason Betts, Disputes Partner at Herbert Smith Freehills, as he interviews the people on the front lines of this changing environment.
14 November 2022
Term SOFR in USD loans
There has been a divergence in the international market in the rate which will replace USD LIBOR when it is discontinued at the end of June next year. Given the significant investment in systems to calculate compounded in arrear near risk-free rates (RFRs) and market familiarity with those rates in...