48 results found for:
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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  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 .
27 March 2023
Merger arbitrage – the important role it can play in public M&A deals
We explore the important role merger arbitrage can play in the success or failure of a deal. Targets and bidders should be aware of this role and consider the approaches that may be taken in response to arbitrage funds seeking short-term profits from an announced deal.
27 March 2023
Improving the transparency of foreign investment regulation in Australia – A look at the key performance data for the October 2022 quarter
The Australian Government’s Department of Treasury has released its second quarterly report for the period 1 October 2022 to 31 December 2022. The report contains some interesting trends regarding the source of foreign capital flows, Treasury’s downward trending processing timelines for FIRB...
24 March 2023
Gone but not forgotten: Combatting Corporate Crime Bill lapsed but combatting bribery remains in focus
Whatever happened to the Combatting Corporate Crime Bill? A recent OECD Report shows the Australian Government has not given up on anti-bribery law reform and police and prosecutors are actively pursuing foreign bribery matters.
23 March 2023
Tech, consumers and the ACCC: a continued focus on compliance with the Australian Consumer Law
The ACCC’s new Chair, Ms Gina Cass-Gottlieb, has signalled that the year ahead for the tech sector will entail a continuation of focussed regulatory scrutiny, particularly through the consumer protection lens. We reflect on five recent ACCC speeches and announcements which have reiterated the...
21 March 2023
Restructuring, Turnaround and Insolvency in Asia Pacific 2023
Our 2023 edition of the Guide to Restructuring, Turnaround and Insolvency in Asia Pacific is a resource for corporates, financiers, creditors, funds, directors and other stakeholders exposed to financially distressed companies in the region.
20 March 2023
2023 Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement
The 2023 edition of the Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement has been launched. Our Guide is designed to provide a helpful summary of some of the key legal and regulatory issues that arise in connection with Australian takeovers and schemes.
20 March 2023
Australian High Court smooths out wrinkle in trade mark law: Reputation not relevant to ‘deceptive similarity’ test of infringement
The High Court has clearly set out in Self Care v Allergan that the reputation of a trade mark is not relevant when assessing deceptive similarity in infringement proceedings. 1 In a unanimous decision, overruling a three-judge bench of the Full Federal Court, the High Court held that Self Care did...
16 March 2023
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...
15 March 2023
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.