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02 March 2021
UK Government publishes revised sector definitions for mandatory notification under new national security screening regime
The UK Government has today published its response to the consultation on mandatory notification in specific sectors under the proposed new national security screening regime contained in the National Security and Investment Bill ( NSI Bill ). The NSI Bill is currently making its way through the...
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.
17 December 2020
Foreign Investment: Rising Tides of Politics in Regulation - Updated Report
We are delighted to share with you our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation, which reflects a swathe of recent changes to Foreign Direct Investment ( FDI ) regimes around the world against the backdrop of the Covid-19 pandemic.
04 December 2020
NOMINEE BUSINESS STRUCTURES – HEIGHTENED SCRUTINY IN MALAYSIA
While Malaysia has been taking active steps to liberalise foreign direct investment ( FDI ) restrictions in recent years, restrictions in a number of business sectors remain. For example, the banking, telecommunications, construction, engineering, health, education, and energy sectors, among others...
13 November 2020
What does the UK's new national security investment screening regime mean for investors?
On 11 November 2020 the UK Government introduced the National Security and Investment Bill ( NSI Bill ) to Parliament, setting out significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of tightening...
14 July 2020
Foreign Direct Investment Podcast
Herbert Smith Freehills and Global Counsel have joined forces to explore the key issues affecting foreign direct investment from a legal and political perspective. Each podcast looks at how specific regimes across the world shape wider global trends, covering what transacting parties should be...
14 July 2020
INDONESIAN M&A – STRUCTURED SOLUTIONS FOR FOREIGN INVESTMENT IN RESTRICTED SECTORS
In this piece, we focus on some of the structuring solutions that have been used for foreign investment in restricted sectors of the Indonesian market in recent years. As you will see, these involve use of hybrid debt-equity structures overlaid by a complex interplay of foreign investment and...
23 June 2020
Significant amendments to UK merger control regime targeting foreign investment
The UK government has announced two significant amendments to the UK merger control regime, intended to enhance its powers to scrutinise certain foreign direct investment (“FDI”) into the UK, against the backdrop of the Covid-19 pandemic and wider national security concerns. These amendments come...
21 May 2020
COVID-19: Pressure Points: foreign direct investment regulation – drawbridges continue to rise in response to the pandemic (Global)
Foreign direct investment (“ FDI ”) regulation has featured increasingly on the radar for cross-border M&A, against a backdrop of amplified protectionist rhetoric. Even before the COVID-19 pandemic, a number of countries which have traditionally been seen as open to foreign investment were...
14 April 2020
PLANNED NEW REGULATION IN GERMANY STATES STANDSTILL OBLIGATION AND LOWER THRESHOLD FOR FOREIGN INVESTORS
Germany is planning to further tighten its FDI regime and screen investments by investors from outside the EU more closely. More acquisitions of German companies will be subject to a notification obligation, and a standstill obligation will prohibit an execution of the deal before the Ministry gave...
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...
10 March 2020
Proposed Regulations To Impose Filing Fees on CFIUS Filings
The US Department of Treasury (“Treasury”) has published proposed regulations that would impose fees on filings with the Committee on Foreign Investment in the United States (“CFIUS”). The proposed regulations, published March 9, 2020, are intended to implement Treasury’s authority to impose filing...
15 January 2020
US Treasury Department Issues Final Regulations Expanding CFIUS
The US Department of Treasury ("Treasury") has issued final regulations to implement changes — required by the Foreign Investment Risk Review Modernization Act ("FIRRMA") — that significantly expand the jurisdiction of the Committee on Foreign Investment in the United States ("CFIUS"). The proposed...
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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...
05 March 2021
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...
04 March 2021
ESMA FINAL REPORT ON ARTICLE 8 OF THE EU TAXONOMY REGULATION
On 1 March 2021 the European Securities and Markets Authority ( ESMA ) published its Final Report on advice under Article 8 of the Taxonomy Regulation. The Final Report outlines the information that non-financial undertakings and asset managers need to provide to comply with their disclosure...
03 March 2021
Developments in the ESG Bond Market: Sustainability-Linked Bonds and Transition Bonds
This is the third in a series of articles looking at the development of ESG in debt financing (the first and second can be found here and here ). In this article, we look at the ESG bond market and focus in particular on sustainability-linked bonds and transition bonds. We will discuss the...
02 March 2021
UK Government publishes revised sector definitions for mandatory notification under new national security screening regime
The UK Government has today published its response to the consultation on mandatory notification in specific sectors under the proposed new national security screening regime contained in the National Security and Investment Bill ( NSI Bill ). The NSI Bill is currently making its way through the...
02 March 2021
Contract disputes practical guides
Welcome to the home page for our series of contract disputes practical guides, designed to provide clients with practical guidance on some key issues that feature in disputes relating to commercial contracts under English law. Each edition comprises: a PDF guide (linked below); an hour-long webinar...
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: 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...