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Legal Briefings | 15 December 2017

Whistleblower reform continues with draft legislation introduced

On 7 December 2017, the Australian Government took a further step towards whistleblower reform by introducing the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 into the Senate ( Whistleblower Bill ).
Legal Briefings | 15 December 2017

Getting the deal through: Joint Ventures 2018

Joint ventures, in the purest sense (namely, a collaboration between two or more legal or natural persons with the aim of conducting a shared business), have been around for as long as modern company law and are equally integral to its development. Indeed, the early laws on partnerships and...
Legal Briefings | 15 December 2017

Cyber Security Quarterly Round-up, December 2017

Cyber security affects all businesses and industries and is a Board level agenda item. Our quarterly article provides a roundup of best practice, news and legislative developments concerning cyber security in Europe, Asia, Australia and the USA.
Legal Briefings | 13 December 2017

Merger control and the public interest: European spotlight on foreign direct investment and national security

Against a backdrop of increasingly protectionist political rhetoric, there has been renewed interest in recent years in the ability of governments to intervene in the M&A process to protect national interests. This is a global trend which has now firmly landed in the EU. In September 2017 the...
Legal Briefings | 13 December 2017

Australia failing to properly police compliance with the OECD Guidelines

An independent review has concluded that the Australian Government is "falling short" in regard to its commitments as an OECD member to establish a properly resourced National Contact Point ( NCP ) to police compliance with the OECD Guidelines for Multinational Enterprises .
Legal Briefings | 13 December 2017

Remember: always read the contract

A recent Supreme Court warning to always read the contract should be taken to heart by lawyers as well as signatories to contracts. Parties are free to allocate risk as they see fit, and the courts will uphold such clauses.
Legal Briefings | 13 December 2017

New Guidance Note on Cooperation with the SFC and its Benefits

Yesterday, the Securities and Futures Commission (the SFC ) published its Guidance Note on Cooperation with the SFC (the Guidance ). The Guidance contains an updated section on disciplinary proceedings and a new section on proceedings in the civil courts and the Market Misconduct Tribunal ( MMT )...
Legal Briefings | 12 December 2017

ASIC Updates Regulatory Guidance on Conflicted Remuneration

ASIC has released the long awaited update to ASIC Regulatory Guide 246 1 – now retitled: Conflicted and other banned remuneration (previously Conflicted remuneration ).
Legal Briefings | 12 December 2017

Shareholder activists in Europe - Raiders or settlers?

Shareholder activists remain commonly viewed as short-term, opportunistic, foreign “corporate raiders”; seeking new targets in Europe after having already picked-off the easier targets on the other side of the Atlantic. However, like many raiders over the centuries before them, have shareholder...
Legal Briefings | 12 December 2017

Down, but not for long - China outbound M&A

In 2016, China’s outbound investment surged, reaching a record high of US$170.1 billion, and surpassed inbound investment for the first time. Investment came from all types of Chinese companies, from state-owned enterprises to privately owned innovators, and in everything from chemical companies to...
Legal Briefings | 12 December 2017

Technology driving M&A - Data, data everywhere

Data is now one of the most valuable commodities in the world, with a market predicted to be worth US$92 billion globally by 2026. It's not surprising. Everything we do each day leaves a digital trace, capable of being collected, analysed, manipulated and sold. Most of us give up this valuable...
Legal Briefings | 12 December 2017

Political intervention in M&A - Is the tide turning?

Political intervention in cross-border acquisitions is on the increase globally, against a back-drop of protectionist rhetoric in some countries: the blocking by President Trump of the bid by China-backed Canyon Bridge for Lattice Semiconductor being the latest high-profile example. Jurisdictions...
Legal Briefings | 12 December 2017

A Litigator's Yearbook: 2017 (England and Wales)

As we see another year out, it’s a good time to look back at what 2017 has had in store. In this post we summarise some of the key developments from the perspective of the commercial litigator, covering topics such as privilege, contract law, jurisdiction and various aspects of court procedure. We...
Legal Briefings | 12 December 2017

Australian FSR Insights – 2018 Outlook

Legal Briefings | 12 December 2017

United Kingdom FSR Insights – 2018 Outlook