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12 May 2020
Full Federal Court dismisses ACCC’s appeal against Pacific National’s intermodal terminal acquisition
The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. 1 In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially...
12 November 2019
Casting the regulatory net over virtual assets – SFC finalises new regulatory framework for virtual asset trading platforms
On 6 November 2019, the Security and Futures Commission ( SFC ) issued a position paper setting out a new regulatory framework for the licensing of centralised virtual asset trading platforms, following the SFC’s conceptual framework issued last year.
01 November 2019
Hong Kong SFC’s new electronic data requirements place MICs and cloud services in the spotlight
Yesterday, the Hong Kong Securities and Futures Commission ( SFC ) published a circular ( Circular ) on the use of electronic data storage providers ( EDSPs ) by licensed corporations ( LCs ).
10 October 2019
Corporate Crime Update, Autumn 2019
Welcome to the Autumn 2019 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. This bumper edition covers a number of jurisdictions, and includes content from the summer break. For the full update on...
02 October 2019
Be on the mark – APAC central banks release study of benchmark reform implications
On 24 September 2019, the Executives’ Meeting of East Asia-Pacific Central Banks ( EMEAP ) published its study on the implications of benchmark reform across the East Asia and Pacific region ( Study ), including the effects of LIBOR discontinuation, the EU Benchmarks Regulation ( BMR ) and the...
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.
22 May 2019
Disclosure of internal investigations – the Hong Kong SFC’s FAQs fail to relieve industry concerns
The Hong Kong Securities and Futures Commission ( SFC ) has released frequently-asked questions ( FAQs ) to clarify its Internal Investigation Disclosure Obligation – a measure introduced in February 2019 to stop the “roll” of “bad apples” within the financial industry.
20 February 2019
HKMA turns up the heat and announces consultation on IBOR transition
On 12 February 2019, the Hong Kong Monetary Authority ( HKMA ) announced in a briefing to the Legislative Council Panel on Financial Affairs that the Treasury Markets Association ( TMA ) will hold a long-awaited consultation this quarter on alternative reference rates. The announcement follows...
15 November 2017
MAS issues Guide to Digital Token Offerings
On 14 November 2017, the Monetary Authority of Singapore ( MAS ) issued a guide during the first day of the Singapore FinTech Festival to provide general guidance on the application of the securities laws administered by the MAS, namely the Securities and Futures Act ( SFA ) and the Financial...
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24 September 2020
Webinar: Sustainability in Arbitration – Reducing the environmental impact of our disputes
Herbert Smith Freehills and the Campaign for Greener Arbitrations are delighted to invite you to attend our webinar on Sustainability in Arbitration. Environmental sustainability is not a new subject, but is one that is increasingly at the forefront of government and corporate strategy and...
18 September 2020
The Future of Consumer Series
The consumer sector is at an exciting time with the opportunities from innovation and technology, and also under constant pressure to keep pace with regulatory intervention and change; disruptive technologies; and business model adaptations. In this series of insights, we tackle a range of issues...
18 September 2020
Exploring Opportunities: Digitise to survive and thrive – Six steps to a successful digital transformation (Global)
The need to digitise has never been so relevant and important for business. Global trade has been disrupted and reshaped – the ability to ensure critical operations can continue and to rapidly adjust to a very dynamic situation has become a determiner of business survival. Only those businesses...
17 September 2020
Navigating the low price oil environment
Oil prices have recently reached historic lows. Oil companies are faced with a number of potential legal issues as low oil prices impact their trading and operational agreements. In this podcast series we consider some of the key issues triggered by the current low oil price environment, looking in...
17 September 2020
Brexit countdown: Big changes are coming on 1 January 2021 whatever happens as negotiation tensions rise
As businesses and governments around the world continue to grapple with the implications of COVID-19, Brexit is fast approaching. This time for real. Last year, as businesses awaited a potential Brexit without a deal, the difference was stark. ‘Deal’ meant entering a status quo transition period in...
16 September 2020
Webinar: Employment & IR Briefing Series 2020 - What's next? (Australia)
In this webinar briefing, our Employment, IR and Safety team discuss the most recent employment and IR issues and developments for HR practitioners and general counsel. Featuring partners drawn from each of our Australian offices, the panel canvassed the lessons and insights they have been sharing...
16 September 2020
Judgment in UK test case on insurance cover for Covid losses
The decision in the UK test case on business interruption insurance coverage related to Covid-19 was handed down last night (Australian time) and represents a significant win for policyholders. The UK Financial Conduct Authority, which brought the case on behalf of policyholders, was represented by...
16 September 2020
Governance: Corporate Insolvency and Governance Act 2020: Impact on Airline Insolvency (UK)
In July 2019, we published a briefing on the recommendations proposed by the Airline Insolvency Review’s final report, 1 which was commissioned by the UK Government to assess the existing protections available to passengers in the event of a future airline insolvency and make recommendations to...
16 September 2020
Abraham Accords signed and released and diplomatic relations commence
The leaders of the United Arab Emirates (“ UAE ”) and Israel signed an agreement in Washington yesterday, on 15 September 2020, formalising the countries’ commitment to normalise diplomatic relations. The Kingdom of Bahrain also signed a separate agreement with Israel at the same ceremony. All four...
15 September 2020
Future Cities Series: Views from our sector experts
This series examines the most pressing issues facing our cities in the post-Covid era. We have taken a cross-sector view of the legal and regulatory impacts of the pandemic and have scrutinised the key areas that are likely to be affected by it. Across each of those areas, our sector experts...
15 September 2020
Future Cities Series: Beyond Applause – Key workers in future cities
The contribution made by key workers to our cities has never been more essential – or more appreciated. Yet many of our cities are increasingly unaffordable for nurses, paramedics, teachers and police officers. The Covid‑19 pandemic may result in a renewed focus on enabling key workers to live and...
14 September 2020
Kingdom of Bahrain becomes second Gulf country to enter into peace deal with Israel
On Friday 11 September 2020 it was announced in a joint statement released by the Kingdom of Bahrain, the United States and Israel, that the Kingdom of Bahrain would enter into an agreement with Israel to establish full diplomatic relations between the two countries.
14 September 2020
Restructuring and turnaround: tax implications of financial restructurings (Germany)
Introduction Businesses are struggling. Many have lost a significant portion of their annual revenue as a result of lockdowns and other measures to prevent the spread of Covid19 during the first half of 2020.
11 September 2020
Securities class actions in England and Wales: the challenges for funders and a perspective from Australia
There are interesting contrasts between the highly dynamic securities class action markets in Australia and England and Wales. While the Australian market is more developed, there has been rapid growth in recent years in England and Wales.
