30 March 2021
New ACICA 2021 Arbitration Rules
The Australian Centre of International Commercial Arbitration ( ACICA ) has unveiled revised Arbitration Rules due to enter into force in April 2021. As arbitration continues to be on the rise in Australia, and ACICA enjoys record caseloads, the 2021 ACICA Rules set out ACICA’s vision for the...
28 August 2020
UK to introduce deforestation due diligence law
The UK government has announced that it will introduce a “world leading” new law that is aimed at protecting rainforests and clamping down on illegal deforestation. The proposed law would introduce mandatory supply chain due diligence obligations in relation to “forest risk” commodities. Whilst...
18 December 2019
Responsible lending: ASIC publishes significant new guidance aimed at helping credit providers apply the law in practice
Consumer credit providers in Australia have been eagerly awaiting ASIC’s updated regulatory guide on the responsible lending laws ( RG 209 ), which landed on 9 December 2019 and is another significant development in the understanding of these laws.
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
04 July 2019
Depreciation is not to be deducted as a “saving” in calculating business interruption claims
Whether a reduction in non-cash costs such as depreciation following insured damage amounts to a “saving” to the policyholder which is to be deducted from insured Gross Profit in calculating business interruption losses is an issue which has been debated by claims professionals for many years. The...
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
27 March 2018
UK GOVERNMENT AGREES ELEMENTS OF THE EUROPEAN COMMISSION’S PROPOSALS FOR POST-BREXIT PROTECTION OF EU-WIDE IP RIGHTS IN THE UK
In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights at the end of the transition period post-Brexit (...
14 February 2018
The UK's access to the EU's preferential trade arrangements
The position of the UK under the EU's preferential trade agreements following Brexit is likely to become a major complicating factor in the negotiations. UK-based companies that rely on such agreements should be warned of the potential difficulties that may arise. The EU has approximately 60...
12 February 2018
Syndicated facilities institute obtains legislative acknowledgement in Russia
On 31 December 2017 the President of the Russian Federation signed one of the laws which has been most discussed by the Russian banking and legal communities – Federal Law No. 486-FZ "On a syndicated facility (loan) and amendments to certain legislative acts of the Russian Federation" (the " Law...
05 February 2018
Brexit 'The view from Brussels' – developments in January
January was dominated by the strikingly public discussion of the content of the next supplement to the negotiating guidelines that the European Council finally adopted on 29 January. We discuss some features of these guidelines and their significance for the negotiations below. There was also much...
29 November 2017
Publicado el Real Decreto-Ley en materia de divulgación de información no financiera
El pasado sábado se publicó en el Boletín Oficial del Estado el Real Decreto-ley 18/2017, de 24 de noviembre, por el que se modifican el Código de Comercio, el texto refundido de la Ley de Sociedades de Capital aprobado por el Real Decreto Legislativo 1/2010, de 2 de julio, y la Ley 22/2015, de 20...
01 November 2017
The view from Brussels – Brexit negotiations – Developments in October
The Brexit debate often looks different viewed from Brussels rather than from London. It is however important for businesses to also keep in mind the Brussels perspective and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations.
21 October 2021
UK National Security and Investment Act 2021: what do investors need to know?
This is an updated version of our briefing published on 30 April 2021 On 29 April 2021 the UK National Security and Investment (NSI) Bill received Royal Assent. The NSI Act 2021 introduces significant legislative reforms which will overhaul the review of transactions and investments on national...
20 October 2021
Video series: watch key insights shared on the Future of Work
18 months of upheaval in the shape of the pandemic has led to big questions for employers across the globe – many are still unsure how to answer. To support the launch of our flagship Future of Work [link] report, this video series offers digestible highlights across a range of topics including...
20 October 2021
The View from Brussels: Are we headed for a UK-EU Trade War?
The dispute over the Protocol on Ireland/Northern Ireland The Protocol on Ireland/Northern Ireland to the UK Withdrawal Agreement is proving hard to implement. The European Parliament Research Service has produced a useful summary . The UK government has even suggested reneging on it but pulled...
18 October 2021
Public Law Project: Judicial Review Trends and Forecasts conference 2021
We are delighted to be supporting the Public Law Project again in running its annual Judicial Review Trends and Forecasts conference. This year the conference will take place as a week of online seminars on the theme of 'accountability and the constitution'.
18 October 2021
Views on an evolving automotive industry - Using trade secrets to protect innovation
With the emergence of new technologies and innovation, such as connected autonomous vehicles and EVs, the use of trade secrets has grown in importance due to the immediacy of the protection trade secrets law offers offer and its ability to cover all types of information.
12 October 2021
The Bettor's Verdict – a Herbert Smith Freehills podcast
In this podcast Steven Jacobs is joined by industry insider guests to discuss current issues in gambling law, sports law, and digital law. Their conversations focus on unwinding the tangled web of US gambling and sports laws past and present, and delve into the digital law space to cover topics...
11 October 2021
Cartel Intel – updates from our EMEA network
In this fourth edition of our quarterly update on key EMEA cartel developments, we are pleased to open with a short interview with Bo Vesterdorf , formerly a judge at and the President of the EU General Court and now a senior consultant with HSF. In the interview, Brussels Partner Daniel Vowden has...
08 October 2021
Onwards and Upwards: In celebration of Black History Month
Making the time and effort to understand each other's lived experiences is an important part of our commitment to building a more inclusive culture in which everyone can thrive. Capturing these experiences through the eyes of colleagues enables us to collectively take another step towards a society...