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30 April 2021
German Government Introduces Significant Amendment of FDI Rules
Germany is continuing to tighten and develop its FDI regime: After various legislative actions in the course of 2020, the German Federal Government agreed on significant amendments of the existing FDI rules which will enter into force with its publication in the Federal Gazette ( Bundesanzeiger ).
30 April 2021
UK National Security and Investment Act 2020 granted Royal Assent: what do investors need to know?
On 29 April 2021 the UK National Security and Investment (NSI) Bill received Royal Assent. The NSI Act 2021 introduces significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of tightening of foreign...
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.
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...
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...
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...
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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18 October 2021
Public Law Project: Judicial Review Trends and Forecasts conference 2021
We are delighted to be supporting the Public Law Project again in running its annual Judicial Review Trends and Forecasts conference. This year the conference will take place as a week of online seminars on the theme of 'accountability and the constitution'.
18 October 2021
Views on an evolving automotive industry - Using trade secrets to protect innovation
With the emergence of new technologies and innovation, such as connected autonomous vehicles and EVs, the use of trade secrets has grown in importance due to the immediacy of the protection trade secrets law offers offer and its ability to cover all types of information.
12 October 2021
The Bettor's Verdict – a Herbert Smith Freehills podcast
In this podcast Steven Jacobs is joined by industry insider guests to discuss current issues in gambling law, sports law, and digital law. Their conversations focus on unwinding the tangled web of US gambling and sports laws past and present, and delve into the digital law space to cover topics...
11 October 2021
Cartel Intel – updates from our EMEA network
In this fourth edition of our quarterly update on key EMEA cartel developments, we are pleased to open with a short interview with Bo Vesterdorf , formerly a judge at and the President of the EU General Court and now a senior consultant with HSF. In the interview, Brussels Partner Daniel Vowden has...
08 October 2021
Onwards and Upwards: In celebration of Black History Month
Making the time and effort to understand each other's lived experiences is an important part of our commitment to building a more inclusive culture in which everyone can thrive. Capturing these experiences through the eyes of colleagues enables us to collectively take another step towards a society...
06 October 2021
Webinar: Cross-border restructurings: how UK schemes may benefit businesses in Asia Pacific
Jurisdictions across the globe have sought to expand their restructuring toolkits – spurred on by Governments seeking to support business during the pandemic. This has had a significant impact on the options available when restructuring business in Asia Pacific.
06 October 2021
Taking the Floor: Government proposes to legislate a recovery presumption for funded class action group members
On 30 September 2021, the Department of Treasury opened consultation on new laws which, if enacted in their proposed form, will introduce new hurdles for litigation funders intended to ensure fairer returns for group members in future funded class actions.
05 October 2021
Government planning significant extension to UK's pensions notifiable events regime for corporates
The government has confirmed it plans to make long-anticipated changes to the UK's pensions notifiable events regime. The changes, first floated in 2018 and now confirmed (subject to consultation), are almost certain to mean that corporates will be required to give the Pensions Regulator and...
05 October 2021
Delivering Alternative Excellence
Fresh from scooping the title of Alternative Service Provider of the Year at the recently held African Legal Awards, Vanessa Kingsmill and Naseem Ameer-Mia of Herbert Smith Freehills chatted to Africa Legal’s Tom Pearson about their recipe for success.
05 October 2021
Parliamentary Joint Committee on Intelligence and Security backs two step approach to adopting the security of critical infrastructure reforms
On 29 September, the Parliamentary Joint Committee on Intelligence and Security ( PJCIS ) published its advisory report on the Security Legislation Amendment (Critical Infrastructure) Bill 2020. 1