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29 March 2023

Inside Tech: Done Deal Podcast

Tech is booming and the deal landscape is rapidly evolving. What are the key tech M&A trends that investors, corporates and advisers should zero in on?
29 March 2023

Demystifying Australia's recent Security of Critical Infrastructure Act reforms

Recent amendments to the Security of Critical Infrastructure Act 2018 (“the Act”) constitute some of the most significant cybersecurity reforms in Australia’s history.
28 March 2023

The Third Wheel podcast series: ESG in Australia

We explore the topical Environment, Social and Governance issues of the day in Australia.
27 March 2023

Merger arbitrage – the important role it can play in public M&A deals

We explore the important role merger arbitrage can play in the success or failure of a deal. Targets and bidders should be aware of this role and consider the approaches that may be taken in response to arbitrage funds seeking short-term profits from an announced deal.
27 March 2023

Improving the transparency of foreign investment regulation in Australia – A look at the key performance data for the October 2022 quarter

The Australian Government’s Department of Treasury has released its second quarterly report for the period 1 October 2022 to 31 December 2022. The report contains some interesting trends regarding the source of foreign capital flows, Treasury’s downward trending processing timelines for FIRB...
27 March 2023

Corporate Governance snapshot: The EU Corporate Sustainability Reporting Directive & its impact in the UK

Even though the UK is not part of the EU, the EU Corporate Sustainability Reporting Directive (CSRD) ( 2022/2464 ) will apply to some UK incorporated companies. The CSRD, which entered into force in January 2023, sets out additional disclosures for companies to include in their annual report in...
24 March 2023

Japan-Australia Investment Report 2022: Decarbonisation and Energy Security

Herbert Smith Freehills is pleased to present the sixth annual report on Japan-Australia M&A and partnerships, and the prevailing trends driving cross-border investment.
24 March 2023

Gone but not forgotten: Combatting Corporate Crime Bill lapsed but combatting bribery remains in focus

Whatever happened to the Combatting Corporate Crime Bill? A recent OECD Report shows the Australian Government has not given up on anti-bribery law reform and police and prosecutors are actively pursuing foreign bribery matters.
24 March 2023

Major scheme of arrangement reforms in Australia

Recently appointed Federal Court Judge, Justice Jackman, is implementing significant reforms to the Australian scheme of arrangement process.
23 March 2023

The IP in AI: Can IP rights protect AI systems?

With the expanding popularity of ML and AI systems, developers and investors expect those systems to be protected from unauthorised use by others.
23 March 2023

Tech, consumers and the ACCC: a continued focus on compliance with the Australian Consumer Law

The ACCC’s new Chair, Ms Gina Cass-Gottlieb, has signalled that the year ahead for the tech sector will entail a continuation of focussed regulatory scrutiny, particularly through the consumer protection lens. We reflect on five recent ACCC speeches and announcements which have reiterated the...
21 March 2023

Restructuring, Turnaround and Insolvency in Asia Pacific 2023

Our 2023 edition of the Guide to Restructuring, Turnaround and Insolvency in Asia Pacific is a resource for corporates, financiers, creditors, funds, directors and other stakeholders exposed to financially distressed companies in the region.
20 March 2023

Asia-Pacific: Evolving legislation and enforcement tactics help competition authorities fight cartels and abusive conduct

In our chapter of the Asia-Pacific Antitrust Review 2023 we provide a snapshot of broad trends in competition law enforcement across the Asia-Pacific region.
20 March 2023

Australian High Court smooths out wrinkle in trade mark law: Reputation not relevant to ‘deceptive similarity’ test of infringement

The High Court has clearly set out in Self Care v Allergan that the reputation of a trade mark is not relevant when assessing deceptive similarity in infringement proceedings. 1 In a unanimous decision, overruling a three-judge bench of the Full Federal Court, the High Court held that Self Care did...
20 March 2023

2023 Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement

The 2023 edition of the Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement has been launched. Our Guide is designed to provide a helpful summary of some of the key legal and regulatory issues that arise in connection with Australian takeovers and schemes.