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27 November 2020
Predicting the future for “green” claims: The Full Federal Court provides guidance on representations as to future matters
Marketing products as ‘environmentally friendly’ is an increasingly popular way for businesses to capture consumer attention. As the popularity of such ‘green’ marketing claims has increased, so has the ACCC’s scrutiny of these claims.
26 November 2020
Workplace change for the Covid recovery
Australian Industrial Relations reforms In May 2020, the government announced its intention to introduce workplace changes to support the rebuilding of a post-Covid economy. Join our Employment, Industrial Relations and Safety team as we unpack the headlines and follow the latest developments on...
30 October 2020
The Future of Consumer Series
It is an exciting time for The Future of Consumer with the opportunities from innovation and technology, yet constant pressure to keep pace with regulatory intervention and change; disruptive technologies; and business model adaptations. The Future of Consumer series tackles a range of issues to...
20 October 2020
International Arbitration in Australia in 2020 – state of play
International arbitration continues to play an increasingly important role in Australia. In this note we canvass some of the key developments in the international arbitration space in 2020, including: Recent judicial support for international arbitration and the enforcement of arbitral awards,...
21 August 2020
The cost of deceptive privacy statements: big fine for online platform highlights the importance of transparency when using personal information
Online health booking platform HealthEngine has been fined AUD$2.9m for deceptive conduct relating to the disclosure of personal information, and editing consumer reviews.
23 July 2020
Pressure points: Insurance cover for COVID-19 related financial losses? (Australia)
There has been significant debate about insurance coverage for financial losses associated with COVID-19. Uncertainty exists because of the absence of any ‘physical damage’ to insured property, 1 which typically triggers the ‘business interruption’ ( BI ) coverage in the industry standard...
08 July 2020
Exploring Opportunities: Acquiring IP assets in a changing world (Global)
As governments around the world take the first tentative steps to ease lockdown measures, people and businesses are beginning to focus on a return to work or at least a resumption of more normal business processes. However, it is clear that a large number of businesses, sadly, will not survive in...
26 June 2020
JD Sports appeals CMA prohibition decision citing impact of Covid-19 as a key consideration
JD Sports has filed an appeal with the Competition Appeal Tribunal (CAT) against the decision by the CMA to prohibit its acquisition of rival retailer Footasylum, with the appropriate treatment of Covid-19 a key area of dispute between the parties and the CMA.
10 June 2020
Takeaways from the In-N-Out and Down-N-Out burger brands battle
A series of recent Federal Court cases provides a warning to “cheeky” traders whose marketing draws too closely on the brand and reputation of their rivals. In February, the Federal Court ruled that the operators of the Down-N-Out burger chain were liable to In-N-Out Burgers for trade mark...
09 June 2020
Governance: Changes to UK insolvency law could significantly reduce landlords’ recoveries in an insolvency process (UK)
Update ; The Corporate Insolvency and Governance Act 2020 commenced into effect on 26 June 2020. While the final provisions of the Act largely reflected the drafting of the original Bill, certain amendments were made including to: (i) improve the information available to certain pensions creditors...
09 June 2020
Governance: Corporate Insolvency and Governance Bill: impact on supply chains and their customers (UK)
Update ; The Corporate Insolvency and Governance Act 2020 commenced into effect on 26 June 2020. While the final provisions of the Act largely reflected the drafting of the original Bill, certain amendments were made including to: (i) improve the information available to certain pensions creditors...
06 May 2020
COVID-19: Pressure Points: The impact of COVID-19 on competition law in the consumer sector (UK, Australia, Asia)
The Covid-19 health crisis raises substantial challenges for businesses and consumers and has had a significant impact on competition law affecting the consumer sector. While the particular implications will vary by jurisdiction, some common trends may be identified. One broader development is that...
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30 November 2020
A reminder on permissible fetters to ‘fiduciary out’ clauses
In the current Real Energy Corporation Ltd scheme, the parties agreed to execute a Deed of Variation to the Scheme Implementation Agreement to remove a ‘reasonableness’ requirement in the fiduciary exception to the ‘no talk’, ‘no due diligence’ and ‘notification of unsolicited approaches’...
27 November 2020
Predicting the future for “green” claims: The Full Federal Court provides guidance on representations as to future matters
Marketing products as ‘environmentally friendly’ is an increasingly popular way for businesses to capture consumer attention. As the popularity of such ‘green’ marketing claims has increased, so has the ACCC’s scrutiny of these claims.
26 November 2020
Shaping the boundaries of collective redress in Germany – a glimpse of the future under an EU Representative Action Regime?
In a recent decision made on 17 November 2020, Germany’s highest civil court shaped the boundaries of collective redress available under German law. The court dismissed a claim brought against a financial institution as inadmissible because the plaintiff did not have the standing to bring the claim.
26 November 2020
Developments in UK trade negotiations. The UK-Japan Comprehensive Economic Partnership
At the end of the Brexit transition period on 31 December 2020, all of the bilateral trade agreements which are applicable to the UK benefits by virtue of its membership of the EU will cease to apply to the UK with potentially significant impact on trade between the UK and the respective partner...
26 November 2020
Workplace change for the Covid recovery
Australian Industrial Relations reforms In May 2020, the government announced its intention to introduce workplace changes to support the rebuilding of a post-Covid economy. Join our Employment, Industrial Relations and Safety team as we unpack the headlines and follow the latest developments on...
26 November 2020
Cartel Intel – updates from our EMEA network
Welcome to the our series of regular bulletins addressing key cartel enforcement developments across the EMEA region. Drawing on insights offered by market leading competition practitioners across our network of EMEA offices, we aim to highlight and provide expert analysis of developments of key...
26 November 2020
The Future of Cities: Businesses stand ready to help governments unlock city investment
At the start of 2020, global investment in city projects was reaching new heights. The world’s biggest spending cities were investing in over 8,200 projects in 2019, with a combined project pipeline of US$5.3 trillion. Then the pandemic hit, followed closely by economic recession: government...
25 November 2020
Closing the class: Uncertainties and challenges for class action settlements
Earlier this year, two decisions of the New South Wales Court of Appeal have challenged the appropriateness of what had been a standard class action procedural step known as “class closure”. This development will likely add to the complexities in resolving class action litigation, particularly...
24 November 2020
Back to basics: The Development Consent Order regime podcast series
In this series of "Back to basics" podcasts, we provide a bite-sized introduction to the nationally significant infrastructure project (NSIP) regime under the Planning Act 2008, drawing on our extensive experience advising on all key aspects of development consent orders (DCOs). Each of the five...
