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09 October 2019
The hidden legal risks in Australian super fund mergers
The contemporary resurgence of super fund mergers presents a material risk of claims against directors of super fund trustees, if trustees are not undertaking appropriately sophisticated diligence exercises that take account of the complexity of modern portfolios.
11 June 2019
Product Intervention Powers and Design and Distribution Obligations in Financial Services: A cross-border perspective
Many regulators view their ability to intervene as one of their key supervisory tools to reduce harm in cases where there is a risk of significant consumer detriment or threat to financial markets.
07 May 2019
Middle East - New Guidelines released to update and expand the Tawazun Economic Program - May 2019
The Tawazun Economic Council (" TEC "), founded in 1992 and originally mandated to be a prime enabler for the Defense and Security sector in the UAE, albeit with a strong focus on economic development, established the offset program known as Tawazun Economic Program (" TEP "). Off the back of its...
11 March 2019
Latest Shake-up of the Remuneration Provisions for Banks and Investment Firms Part 1: Investment Firms
Agreement has now been reached between the European Parliament, the Commission and the Council on the final texts of two Directives which will impact on the remuneration provisions which apply to banks and investment firms. The first is the Investment Firms Directive ( IFD ), which will introduce a...
06 October 2017
Reform of French Securitisation Law and Creation of Specialised Financing Vehicles
The reform of the French securitisation legislation announced by the Government throughout the implementation of 'Sapin 2 Law' has been published on 5 October 2017. This reform is coupled with the introduction into French law of specialized financing vehicles and a new reform of the banking...
11 July 2017
Government releases proposals to regulate financial benchmarks
The Government has released proposals to reform the regulation of financial benchmarks in Australia. Firms which rely on benchmarks to provide financial services or which provide services against benchmarks should be aware of these proposals and consider making a submission in respect of the...
11 July 2017
Australian SIV and PIV regime under review by Department of Immigration and Border Protection
The Department of Immigration and Border Protection ( DIBP ) is consulting on proposed amendments to the Significant Investor Visa ( SIV ) and Premium Investor Visa ( PIV ) regime ( Consultation ) following DIBP’s review of Australia investment visas.
28 June 2017
UK FCA ASSET MANAGEMENT MARKET STUDY – FINAL REPORT
On 28 June 2017, the FCA published its highly anticipated final findings of its Asset Management Market Study (" Final Report "), which can be accessed here . This follows the release of its interim report in November 2016 and the subsequent intensive consultation process with industry which...
22 June 2017
ASIC review of asset-holding requirements in funds management and custodial services – Are you prepared?
ASIC has reported the findings of its review of the compliance by custodians and responsible entities of managed investment schemes with the asset holding requirements ( REP 531 ) imposed by ASIC under Regulatory Guide 133 ( RG 133 ).
07 June 2017
Qatar - diplomatic ties severed: implications for business
On Monday 5 June 2017, Saudi Arabia, the United Arab Emirates ("UAE"), Egypt and Bahrain announced that they would sever diplomatic ties with, and cut off transport links to, Qatar. Saudi Arabia, the UAE, Bahrain and Egypt closed transport links with Qatar from Tuesday 6 June 2017. Effective from...
05 May 2017
ASIC consults on industry funding model
The Federal Government has released the draft regulations on the operation of the industry funding model for ASIC. The ASIC Supervisory Cost Recovery Levy Regulations 2017 ( Regulations ) establish the mechanisms that will be used to calculate the levies payable by each class of regulated entity,...
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30 September 2021
GAR Live: Energy Disputes 2021
The annual GAR Live: Energy Disputes conference is taking place in London this year, where experts from across the country and throughout Europe will join together for a hybrid event. The energy industry is currently in the midst of a pivotal shift with a growing demand for renewable sources. This...
23 September 2021
Remote/Controlled = The new trust equation
Radical upheavals in working life are taking hold at a global level as remote and hybrid working leave lasting changes across industries in the wake of the Covid-19 pandemic. In response, employers are more inclined to advocate about geopolitical and social issues, use technology to manage and...
22 September 2021
UPC: Jurisdiction and "opt-out"
Once the Unified Patent Court (UPC) comes into effect, and after the transitional period of 7 years (at least), the court system will have exclusive jurisdiction over UPs and all EPs designated to participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC...
17 September 2021
The Unified patent court and unitary patent – Introduction
A new patent right and patent enforcement system is coming for patent protection in the Europe which the new court's Preparatory Committee states is likely to start mid-2022. There are two main elements: A Unified Patent Court ( UPC ) which will have jurisdiction over all European patents (current...
15 September 2021
International Construction Law Conference 2021
King’s College London, Centre of Construction Law and Dispute Resolution, in collaboration with The Academy of Experts presents International Construction Law Conference 2021 Wednesday 15 September 2021 , held online and in person (restrictions permitting)* at King's College London starting at 09...
15 September 2021
GAR The Guide to Advocacy - Edition 5 - Cultural Considerations: United States
Amal Bouchenaki, Partner in Herbert Smith Freehills’ New York office, has contributed to the Fifth Edition of Global Arbitration Review’s “The Guide to Advocacy” with a chapter entitled “Cultural Considerations in Advocacy: United States”.
15 September 2021
Reckitt Benckiser puts a Finish (for now) to competitor’s launch of dishwashing tablets
Businesses launching a new brand in the Australian market need to consider the competitive landscape of existing brands, and the risk of a competitor seeking an urgent interim injunction against them, if they stray too close to an existing registered trade mark.
15 September 2021
The Herbert Smith Freehills Legal Privilege Web App
We are delighted to announce the release of our English law legal privilege web app. Following on from the very positive feedback which we have received from clients over recent years on our Handy Client Guide to Privilege, our team has developed a digital version which makes the analysis quicker,...