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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...
02 July 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.
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...
01 May 2019
Australian Foreign Investment Review 2019
In this edition of the Australian Foreign Investment Review , we focus on the key takeaways from FIRB’s 2017-18 Annual Report, new legislation relating to foreign investment, highlight some key issues for investors looking at data intensive sectors and the financial services sector and look forward...
05 March 2019
EU Regulation on the screening of foreign direct investment enters into force
Today, 5 March 2019, the Council of Ministers of the EU officially endorsed legislative proposals for a Regulation to screen foreign direct investment (" FDI ") into the EU (the " Regulation "). The Council's endorsement signals the successful passing of the Regulation through the full co-...
26 February 2019
The Inward Investment and International Taxation Review - 9th Edition: Russia Chapter
In the past few years, the Russian government has taken various measures to reduce adverse consequences of sanctions introduced by the United States, EU and certain other countries and to encourage foreigners to invest in Russia. The measures included major reform of corporate law, simplification...
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24 September 2020
Webinar: Sustainability in Arbitration – Reducing the environmental impact of our disputes
Herbert Smith Freehills and the Campaign for Greener Arbitrations are delighted to invite you to attend our webinar on Sustainability in Arbitration. Environmental sustainability is not a new subject, but is one that is increasingly at the forefront of government and corporate strategy and...
18 September 2020
The Future of Consumer Series
The consumer sector is at an exciting time with the opportunities from innovation and technology, and also under constant pressure to keep pace with regulatory intervention and change; disruptive technologies; and business model adaptations. In this series of insights, we tackle a range of issues...
18 September 2020
Exploring Opportunities: Digitise to survive and thrive – Six steps to a successful digital transformation (Global)
The need to digitise has never been so relevant and important for business. Global trade has been disrupted and reshaped – the ability to ensure critical operations can continue and to rapidly adjust to a very dynamic situation has become a determiner of business survival. Only those businesses...
17 September 2020
Navigating the low price oil environment
Oil prices have recently reached historic lows. Oil companies are faced with a number of potential legal issues as low oil prices impact their trading and operational agreements. In this podcast series we consider some of the key issues triggered by the current low oil price environment, looking in...
17 September 2020
Brexit countdown: Big changes are coming on 1 January 2021 whatever happens as negotiation tensions rise
As businesses and governments around the world continue to grapple with the implications of COVID-19, Brexit is fast approaching. This time for real. Last year, as businesses awaited a potential Brexit without a deal, the difference was stark. ‘Deal’ meant entering a status quo transition period in...
16 September 2020
Webinar: Employment & IR Briefing Series 2020 - What's next? (Australia)
In this webinar briefing, our Employment, IR and Safety team discuss the most recent employment and IR issues and developments for HR practitioners and general counsel. Featuring partners drawn from each of our Australian offices, the panel canvassed the lessons and insights they have been sharing...
16 September 2020
Judgment in UK test case on insurance cover for Covid losses
The decision in the UK test case on business interruption insurance coverage related to Covid-19 was handed down last night (Australian time) and represents a significant win for policyholders. The UK Financial Conduct Authority, which brought the case on behalf of policyholders, was represented by...
16 September 2020
Governance: Corporate Insolvency and Governance Act 2020: Impact on Airline Insolvency (UK)
In July 2019, we published a briefing on the recommendations proposed by the Airline Insolvency Review’s final report, 1 which was commissioned by the UK Government to assess the existing protections available to passengers in the event of a future airline insolvency and make recommendations to...
16 September 2020
Abraham Accords signed and released and diplomatic relations commence
The leaders of the United Arab Emirates (“ UAE ”) and Israel signed an agreement in Washington yesterday, on 15 September 2020, formalising the countries’ commitment to normalise diplomatic relations. The Kingdom of Bahrain also signed a separate agreement with Israel at the same ceremony. All four...
15 September 2020
Future Cities Series: Views from our sector experts
This series examines the most pressing issues facing our cities in the post-Covid era. We have taken a cross-sector view of the legal and regulatory impacts of the pandemic and have scrutinised the key areas that are likely to be affected by it. Across each of those areas, our sector experts...
15 September 2020
Future Cities Series: Beyond Applause – Key workers in future cities
The contribution made by key workers to our cities has never been more essential – or more appreciated. Yet many of our cities are increasingly unaffordable for nurses, paramedics, teachers and police officers. The Covid‑19 pandemic may result in a renewed focus on enabling key workers to live and...
14 September 2020
Kingdom of Bahrain becomes second Gulf country to enter into peace deal with Israel
On Friday 11 September 2020 it was announced in a joint statement released by the Kingdom of Bahrain, the United States and Israel, that the Kingdom of Bahrain would enter into an agreement with Israel to establish full diplomatic relations between the two countries.
14 September 2020
Restructuring and turnaround: tax implications of financial restructurings (Germany)
Introduction Businesses are struggling. Many have lost a significant portion of their annual revenue as a result of lockdowns and other measures to prevent the spread of Covid19 during the first half of 2020.
11 September 2020
Securities class actions in England and Wales: the challenges for funders and a perspective from Australia
There are interesting contrasts between the highly dynamic securities class action markets in Australia and England and Wales. While the Australian market is more developed, there has been rapid growth in recent years in England and Wales.
