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...
25 October 2019
Infrastructure initiatives in Southeast Asia: construction challenges and opportunities
Seoul Head of Disputes, Mike McClure , recently spoke at the 2019 Annual Conference of the International Bar Association in Seoul during a session on the initiatives that Asian countries have launched in order to build, finance and operate infrastructure in the region and in other parts of the...
24 October 2019
ACT Renewable Energy Reverse Auction
Following on from the four reverse auctions held between 2012 to 2016, the ACT Government has announced a new renewable energy reverse auction (the Reverse Auction ) to “safeguard the delivery of sourcing 100% renewable electricity by 2020 from within the ACT or across the National Electricity...
09 October 2019
A leadership role for super funds in solving Australia’s energy trilemma?
On 29 June 2019, Industry Super Australia ( ISA ) released its Modernising Electricity Sectors Discussion Paper (the Paper ) 1 which seeks to assist super funds in understanding and navigating the regulatory uncertainty in investing in the Australian electricity sector. More specifically, it aims “...
16 March 2020
Panel Discussion: Driving efficiencies in arbitral practice
The International Arbitration Act 15 of 2017 has delivered the required framework for South Africa to become a truly international arbitration hub. The inaugural Johannesburg Arbitration Week, which takes place on 17-19 March 2020, will take a step towards this goal, exploring recent developments...
14 February 2020
Federal Court provides helpful guidance on a range of AFSL concepts
On 5 February 2020, the Federal Court of Australia handed down its decision in Australian Securities and Investments Commission v One Tech Media Ltd  FCA 46 ( One Tech Media ). The Court found that One Tech Media Limited ( One Tech ), Allianz Metro Pty Ltd ( Allianz Australia ) and others had...
12 February 2020
Biometric myopia: Expanding the facial recognition debate
In the past six months, the global furore over public as well as private sector use of facial recognition technology has only increased. However, although this debate is increasing in volume, it is arguably not expanding in scope.
12 February 2020
A new era: what’s in store for tech regulation in 2020?
With headlines accumulating, and calls for regulatory action accelerating, 2019 ended the decade with the rise of the techlash and the end of ‘ permissionless innovation ’. As we move into the 2020’s with these long-simmering trends continuing to erupt, how will the race to regulate ‘big tech’ play...
10 February 2020
All together now: The important role that UK business has to play in wider society
In many jurisdictions there has been a considerable increase in focus on corporate governance issues in recent years. In particular, additional requirements have been introduced, or are being proposed, to the corporate governance landscape that seek to further widen social and stakeholder goals...
10 February 2020
Reforms to the audit market – major changes ahead
Recent years have seen an unprecedented focus on audit and auditors in the UK. This has been driven, at least in part, by a number of high-profile corporate failures as well as the perceived widening of the ‘audit expectations gap’, the difference between what users expect from an audit and the...
10 February 2020
Patent and Pharma Update, February 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the Supreme Court decision of Shanks v Unilever on employee inventor compensation. We update on two CJEU decisions relation to public access to documents submitted...
07 February 2020
The Future of Consumer Series
The Consumer industry is under constant pressure to keep pace with regulatory intervention and change; disruptive technologies; consumer preferences; and business model adaptations. In this series of insights we tackle these issues highlighting the legal challenges and consequences with the aim to...
07 February 2020
Fighting for a consumer-friendly market: stricter rules in the EU
A spate of high-profile cases across the EU has brought the spotlight firmly on how to combat unfair commercial practices and increase consumer protection. The European Commission has been focussing on how to increase consumer protection and reinforce the EU's reputation for being a high quality,...