04 June 2019
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...
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...
29 October 2018
Political Intervention in Global M&A: The Development of Foreign Investment Regimes and Its Impact on Cross-Border M&A
This article focuses on the increasing government foreign direct investment intervention in Western economies and compares that to Asian governments’ differing approach as they look to encourage FDI in their emerging economies.
06 September 2018
China proposes amendments to the regime for foreign investors’ strategic investments in listed companies
Over the past year, the Chinese government has implemented a series of new policies and rules to transform China’s foreign investment regime and attract more foreign investment. These changes have further opened the Chinese market to foreign investors, streamlined governmental regulation on foreign...
09 July 2018
Key questions for General Counsels dealing with global investment decisions
Recent years have seen global shifts in both policy frameworks for screening inward foreign direct investment (FDI) and the way in which those frameworks are applied. The result is a more uncertain environment for foreign investment, which parties to a transaction will have to consider how to...
01 December 2015
7 ways Australia’s new foreign investment laws impact Japanese investors
The Australian Government has introduced wide ranging reforms to Australia’s foreign investment framework which took effect on 1 December 2015. In this update, we look at 7 ways the new framework affects Japanese investors 1 Read the full article
18 September 2019
The long arm of regulation: responding to cross-border financial services investigations
Financial services firms conduct their business activities across markets and borders, often performing services and holding data in locations other than those in which they interact with their clients. Over a decade after the financial crisis, their regulators remain under sustained public and...
18 September 2019
DISPUTE RESOLUTION IN THE ERA OF BIG DATA AND AI
Be it machine learning, natural language processing, augmented analytics or distributed ledger technology (aka blockchain), new technologies are revolutionising the way in which business is done in every industry. In order to leverage the benefits of these disruptive technologies, businesses are...
17 September 2019
CJEU refuses UK HC's request for preliminary ruling on SPC applications based on third-party MAs, on account of referred question being "hypothetical" (C-239/19 Eli Lilly v Genentech)
On 5 September 2019, the Ninth Chamber of the CJEU refused a request for referral in relation to the interpretation of Article 3(b) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products...
12 September 2019
ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
The ACCC has issued final Guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act...
11 September 2019
Class Actions in Australia: Emerging Trends
There have been a range of developments in the class actions landscape over the past year. The Australian Law Reform Commission completed its review of class action proceedings and third party litigation funding, an appeal is pending in the High Court of Australia on common fund orders and the...
10 September 2019
Using Decision Analysis to evaluate a settlement offer
Using Decision Analysis to evaluate a settlement offer The HSF Decision Analysis team brings together highly numerate disputes lawyers to build decision tree models and help clients quantify, visualise and better understand legal risks in their disputes. This service has brought new insights to...
10 September 2019
'Mega-fines' and compensation – how might companies be affected? Developments in Data Protection Law September 2019
In this update, we provide you with a brief summary of two recent developments in relation to sanctions imposed under the General Data Protection Regulation ("GDPR"). Firstly, the Berlin Data Protection Authority ("Berlin DPA") recently announced its willingness to impose multimillion-euro fines...
06 September 2019
Classic cross-border cooperation: joint court hearings in the Halifax insolvency
On 22 August 2019, the Federal Court of Australia ( FCA ) held that it could make a request to the New Zealand High Court ( NZHC ) that there be a joint hearing of those courts in respect of applications relating to the pooling of various funds held by companies subject to Australian and New...
06 September 2019
FATF and APG publish long-awaited mutual evaluation report on Hong Kong
Following the Financial Action Task Force ( FATF ) and the Asia/Pacific Group on Money Laundering’s inspection of Hong Kong in October and November 2018, their much anticipated Mutual Evaluation Report ( Report ) on Hong Kong was published on 4 September 2019. Our previous bulletin on 25 June 2019...