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20 March 2020
COVID-19 Madrid: Measures adopted by the Spanish Government for the energy sector
In recent days the Spanish Government has approved a series of provisions to tackle the crisis caused by the COVID-19 outbreak. Those provisions adopt a set of measures that have differing impact on a number of business sectors.
10 March 2020
Yes Minister - Proposed New powers to derogate from the NER
The National Electricity (Victoria) Amendment Bill 2020 ( Bill ) introduced by the Victorian Government on 18 February seeks to make it easier for the Minister to derogate from the National Electricity Rules ( NER ). So how will the Minister use their proposed new powers?
03 March 2020
Directors walking tightrope on ESG disclosure
In the context of BlackRock’s climate ‘epiphany’ last month, as well as clear indications from significant fund managers such as Sir Christopher Hohn’s TCI Funds Management that they will be taking more overtly activist steps to catalyse climate action in future, listed company boards have never...
20 February 2020
Consumer Data Right: 2020 Update
Following extensive activity around the Consumer Data Right (CDR) throughout 2019, the Australian Competition and Consumer Commission (ACCC) advised in December 2019 that the CDR roll-out in respect of the banking sector would be delayed due to incomplete system testing. As a result, the first...
18 February 2020
Covid-19 Australia: Insurance losses and considerations for policyholders
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses all over the world. Many Australian policyholders are asking: can the adverse financial consequences of the interruption be claimed on insurance...
06 February 2020
Australian privacy law reform and review announced
On 12 December 2019, the Australian Government announced its response to the Australian Competition & Consumer Commission’s ( ACCC ) Digital Platform Inquiry. Despite the Inquiry’s name, only 1 of the 11 recommendations in the report about data practices is targeted at digital platforms.
29 January 2020
Is US government inaction on climate change a breach of the constitution?
A United States court has recently been asked to consider whether the federal government’s inaction in relation to climate change breaches the United States constitution. The court (by a majority of two to one) reluctantly found that they did not have jurisdiction to order the government to redress...
21 January 2020
The new environment for climate change litigation
The Dutch Supreme Court (the Court ) has recently affirmed a decision of the District Court to issue an order directing the State of the Netherlands to reduce it's greenhouse gas emissions by the end of 2020 by at least 25% of the emissions as at 1990. The order issued by the District Court now...
20 December 2019
New electricity network investments – there has to be a better way
For many years, electricity generators and retail business attracted much more attention than networks. That is changing as a bow wave of new network investment is demanded by the transition of the power system from large, baseload thermal plant providing strong system stability support to widely...
11 December 2019
Big data is transforming investigations
Big data is rapidly changing the way in which regulators and law enforcement conduct an investigation and build a case. New technology reduces compliance costs, but also increases regulatory expectations of businesses' monitoring, detection and reporting capabilities. And, as technology evolves,...
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...
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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
02 April 2020
Alumni End of Summer Soirée, Sydney
Herbert Smith Freehills invites our Alumni back home this year, for a reunion to experience an End of Summer Soir ée. Join us for a colourful affair where guests can relax, and catch up with old friends. You'll enjoy a feast of summer delights with a Gelato Messina pop-up, sample Prosecco and...
27 March 2020
COVID-19 People: United States – Key Developments and Resources
As COVID-19 continues its spread across the United States, federal, state, and local governments are taking emergency measures on a daily basis to respond to the pandemic. To keep our clients updated on these developments, below we have provided key considerations, developments, and resources in...
27 March 2020
COVID-19 Governance: United States – Regulatory and Litigation Developments
As COVID-19 continues its spread across the United States, federal, state, and local governments are taking emergency measures on a daily basis to respond to the pandemic. To keep our clients updated on these developments, below we have provided key considerations, developments, and resources...
27 March 2020
COVID-19 Malaysia: Governance - Impacts of the Movement Control Order on your business
Prompted by the rapid increase of COVID-19 cases in the country over the past few weeks, the Malaysian Government issued the Movement Control Order (MCO) effective 18 to 31 March 2020, and now extended to 14 April 2020.
27 March 2020
COVID-19 RUSSIA: PRESSURE POINTS - COVID-19 AND WITHHOLDING TAX – UNEXPECTED LINKS, UNUSUAL MECHANISMS
On 25 March 2020 president Putin in his television speech addressing Russian citizens 1 announced a set of support measures to be provided to the poorest citizens and small and medium businesses in the context of the spread of COVID-19. At the same time, in addition to these measures, the President...
27 March 2020
COVID-19 Global: Webinar series
The COVID-19 pandemic is creating significant health, social and economic challenges world-wide, forcing governments and businesses to critically assess the impact to their people, operations and governance. We understand that navigating the pace of change, whilst also dealing with immediate issues...
26 March 2020
COVID-19 RUSSIA: PRESSURE POINTS: CIVIL LAW QUALIFICATION AND CONSEQUENCES FOR CONTRACTUAL RELATIONS UNDER RUSSIAN LAW
Notwithstanding its detrimental impact on both the public health and the global economy, the increasingly global prevalence of the novel coronavirus (which causes the disease known as “COVID-19”) has less obvious and straightforward legal consequences for market participants.
26 March 2020
The Fairness Doctrine: A Return to the Status Quo?
In October 2019, the Full Federal Court decision in ASIC v Westpac Securities Administration Limited [2019] FCAFC 187 ( ASIC v Westpac ) raised questions about the scope of the obligation on AFS licensees to act efficiently, honestly and fairly. Less than 6 months later, the Federal Court’s...
26 March 2020
COVID-19 Pressure Points: Africa – Business Rescue and Insolvency in the OHADA region
A mere few weeks ago, the hypothesis that the COVID-19 virus would not affect the African continent was still being widely propagated. The theory that the virus does not survive in warm weather has since been debunked and the number of African countries that have recorded confirmed cases of...
