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22 April 2021
Scottish independence: Employment and pensions law implications
As the prospect of an independent Scotland climbs up the political agenda, we are publishing a series of briefings on the implications of Scottish independence for business, which will be available at our new hub here. This briefing considers the potential implications for business in relation to...
24 March 2021
Pensions and ESG Soundbite series
There is an increasing focus on the management of environment, social and governance (ESG) risks, including climate-related risks, by UK pension schemes, providers and assets managers. New and increasing disclosure requirements mean that trustees, providers and asset managers will be exposed to...
15 March 2021
Regulator issues draft guidance on policing new criminal offences
The Pension Regulator has published for consultation its much anticipated draft guidance on how it intends to police the new pensions criminal offences due to come into force this Autumn. The draft guidance suggests that the Regulator will use these new powers sparingly and that they are not...
01 March 2021
UK Pension Schemes Act 2021 Soundbite Series
The Pension Schemes Act 2021 will introduce the most significant reforms to the UK's funding and regulatory framework for defined benefit pension schemes since the regime was introduced in 2005. The Act will introduce three new pensions-related criminal offences, more stringent financial penalties...
17 February 2021
New statutory funding requirements put focus on end game for DB schemes
The Pension Schemes Act 2021 finally received Royal Assent on 11 February 2021. The Act contains some significant new funding requirements for defined benefit (DB) occupational pension schemes which mean that trustees and sponsors will soon be required to set a legally binding long-term objective...
12 February 2021
M&A, restructuring, re-financing and dividends likely to be hit by new pensions offences and regulatory sanctions
The Pension Schemes Act 2021 finally received Royal Assent yesterday, paving the way for the most significant reform of the regulatory regime for defined benefit (DB) pension schemes since its introduction in 2006. The Act introduces new criminal offences and new regulatory powers for the Pensions...
03 November 2020
On demand: Webinar: Pensions regulation – The new normal?
Before the outbreak of Covid-19, the Pensions Regulator was emphasising its tougher approach to pensions regulation: Clearer, Quicker, Tougher . This focus is borne out in the Pension Schemes Bill, with the range of extensive new powers it will afford the Regulator, and in the Regulator’s plans to...
29 July 2020
Pressure points: Trustees and administrators prepare for what’s ahead: Ombudsman to see a rise in complaints due to Covid-19 (UK)
The Pensions Ombudsman recently published both its Corporate Plan 2020-2023 and Annual Report for 2019/2020, which reveal that the number of enquiries the Ombudsman received has significantly increased in the last year. In addition, the Ombudsman expects the number of complaints to “undoubtedly”...
03 July 2020
Pressure Points: Key actions checklists for trustees and sponsors of DB schemes (UK) - Updated
Current events related to Covid-19 and the related economic impact are raising a number of time critical issues that sponsors and trustees of defined benefit schemes need to address. To help with this, we have created checklists (based on our experience advising clients to date) which summarise the...
03 July 2020
People: Key actions checklists for trustees and employers of DC schemes (UK) - Updated
Current events related to Covid-19 and the related economic impact are raising a number of time critical pensions-related issues that employers with defined contribution (DC) schemes and trustees of such schemes need to address. To help with this, we have created checklists (based on our experience...
02 July 2020
Pressure points: Trustees beware – Changes to UK insolvency regime are now in force (UK)
The Corporate Insolvency and Governance Act 2020 received Royal Assent and is now in force. The Act contains the most far-reaching reforms to UK insolvency law in over 30 years. The Act has been introduced on an emergency basis in an attempt to ensure that otherwise financially viable companies...
01 July 2020
People: Job Retention Scheme and Pensions (UK)
The Coronavirus Job Retention Scheme ("CJRS"), opened for claims on 20 April. Originally due to end on 31 May, then 30 June, the Chancellor announced on 12 May that it will remain in place and available to all sectors through to the end of October 2020. New rules, which will apply from 1 July 2020...
01 June 2020
COVID-19: Pressure points: Workplace pensions – 4 cost saving steps for employers (UK)
As the economic impact of Covid-19 and the measures introduced to restrict its spread continues to be felt, many employers are inevitably looking for ways to reduce costs and preserve cash. As far as pensions are concerned, the primary focus to date has been on the scope for employers with defined...
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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
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,...
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”.
14 September 2021
TALKING INFRASTRUCTURE AND ENERGY SERIES
Welcome to our series of webinars and legal briefings from the Southeast Asia Energy and Infrastructure Practice, focusing on recent developments (and some helpful reminders) of importance for investors, developers, lenders and contractors, both legal and commercial.
14 September 2021
Marketing a product as an “alternative” is no answer to trade mark infringement
The Full Court of the Federal Court has found that marketing a product as an “alternative” to a trade-marked brand is no answer to a claim of infringing use as a trade mark. In Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd , 1 Justices Jagot, Lee and Thawley took a broad view of trade...
13 September 2021
COP26 – Trends in the US
Introduction The January 2021 inauguration of Democrat Joseph Biden as president and the installment of Democratic party majorities in both houses of Congress has pushed climate change back into the spotlight as a matter of national political prominence. President Biden has promised to take a “...
13 September 2021
THE EUROPEAN UNION APPROACH TO COP26
European Union aims for COP26 The European Union ( EU ) has made it clear that it aims to translate ambition into action at COP26. One aspect of this will be encouraging major emitters to submit their Nationally Determined Contributions under the Paris Agreement (for more information on Nationally...
13 September 2021
Guide to Private Wealth in Asia: Fifth Edition
The fifth edition of the Herbert Smith Freehills Guide to Private Wealth in Asia provides clients, business people, lawyers and other advisors with concise information on trusts, estates, probate and mental capacity issues to assist them in mitigating risks and understanding the changing legal...