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Recent Articles

04 December 2020


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...
04 December 2020

Switzerland set to adopt human rights reporting and limited due diligence law after referendum on stricter proposal fails

On 29 November 2020, a far-reaching proposal to introduce new human rights and environmental due diligence and corporate liability obligations into Swiss law failed to get the required ‘double majority’ in a referendum in Switzerland. While 50.7% of voters supported the ground-breaking proposal,...
03 December 2020

Greenfields agreements – ‘project life agreements’?

The threat of unpredictable and escalating costs, and the risk of a major project being halted before completion by protected industrial action, plagues businesses considering to back major projects. It deters investment.
03 December 2020

Class Actions Poolside series

03 December 2020

Public M&A Podcast Series

In our public M&A podcast series, we discuss themes, developments and topical issues we see on public M&A transactions in the UK.
03 December 2020

Workplace change for the Covid recovery

Australian Industrial Relations reforms In May 2020, the government announced its intention to introduce workplace changes to support the rebuilding of a post-Covid economy. Join our Employment, Industrial Relations and Safety team as we unpack the headlines and follow the latest developments on...
02 December 2020

Herbert Smith Freehills commits to net-zero carbon emissions by 2030

Herbert Smith Freehills has today announced its intention to reduce its carbon emissions to net zero by 2030.
01 December 2020

Deciphering the complex world of underpayment of wages: compliance and enforcement

There have been a number of recent examples of large Australian corporates disclosing that members of their workforce have been underpaid, demonstrating the challenges faced by employers in complying with a complicated system of Australian employment laws. We empathise with our clients in this...
30 November 2020

The scope of ESG: the rise and rise of sustainability-linked loans

In the later stages of the global pandemic, the importance of a green recovery has been emphasised across the globe, and ESG principles have permeated almost every aspect of life, including the financial markets. However, the acronym ESG has an enormously wide scope: where the move to net zero...
30 November 2020

Corporate Crime Update - November 2020

Welcome to the November 2020 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. For the full update on each jurisdiction, please click on the links below.
30 November 2020

A reminder on permissible fetters to ‘fiduciary out’ clauses

In the current Real Energy Corporation Ltd scheme, the parties agreed to execute a Deed of Variation to the Scheme Implementation Agreement to remove a ‘reasonableness’ requirement in the fiduciary exception to the ‘no talk’, ‘no due diligence’ and ‘notification of unsolicited approaches’...
30 November 2020

Takeovers Panel refuses to break a truth in takeovers deadlock

The Takeovers Panel has held two bidders for Cardinal Resources Limited to their last and final statements, despite both offers being stuck in a deadlock at $1.00 per share.
30 November 2020

COVID-19: Governance: Holding AGMs during a pandemic (Australia)

We have been assisting a number of clients with contingency planning for their upcoming AGM, in light of recent guidance and emerging market practice.
30 November 2020

Consumer Data Right: Expanding the CDR regime

On 30 September 2020, the Australian Competition and Consumer Commission ( ACCC ) released a further consultation paper concerning the continued expansion and development of the Consumer Data Right ( CDR ) regime. The consultation paper accompanies an Exposure Draft with proposed amendments to the...
30 November 2020

European Commission seeks feedback on sustainable corporate governance

Earlier this year, we reported on the European Commission’s proposal to introduce a legislative initiative on mandatory human rights due diligence, and on an early draft directive prepared for the European Parliament’s Committee on Legal Affairs (the “ EP draft directive ”).