21 July 2020
Can predictive analytics prevent employee misconduct?
With predictive policing and crime forecasting gaining attention, although not always good, it is not surprising that businesses are considering how to deploy analytics in their fight against employee misconduct. Certainly, financial regulators have encouraged organisations to become more...
21 July 2020
Digital forensics in investigations and the growing data burden
The approach to digital forensics in investigations is constantly evolving to keep pace with the increasing volume, velocity and variety of data within organisations. Almost every action we take leaves a digital trail and the type of information businesses are collecting, both internal and external...
21 July 2020
Big data and modern slavery
While the benefits of data and technology can be leveraged to aid businesses with modern slavery compliance and due diligence, businesses should not lose sight of the risks involved with overreliance on these tools. Despite the promise of more informed decision making, big data is not without its...
21 July 2020
Using big data to fight financial crime
In a regulatory environment which demands ever higher standards for anti-money laundering ( AML ) compliance, many financial institutions have responded by significantly increasing headcount in their AML functions, often at significant cost. However, an investment in headcount alone may not yield...
21 July 2020
Regulators lead businesses in monitoring of misconduct
As regulators and law enforcement increasingly rely on advanced data analytics for monitoring and surveillance, the risk is growing that they will detect misconduct by employees and customers that has gone undetected by a company’s own internal systems.
24 June 2020
Pressure Points: Venture capital in Southeast Asia post-Covid-19 (Asia)
The Covid-19 pandemic has created significant economic challenges for industries world-wide. The Southeast Asia venture capital industry and the start-up ecosystem that it supports are no exception. Start-ups in particularly hard-hit industries have found themselves at risk in these uncertain times...
12 June 2020
EXPLORING OPPORTUNITIES: IMPACTS ON THE DIGITAL INFRASTRUCTURE SECTOR (ASIA)
The pandemic has reinforced the need for, and criticality of, resilient digital infrastructure. How providers will innovate and adapt to changing business and consumer demands post-crisis remains to be seen. What is clear, however, is that the disruption and uncertainty of the last few months has...
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...
26 May 2020
Australian Federal Government eases continuous disclosure rules
Yesterday, the Australian Federal Government modified the continuous disclosure provisions of the Corporations Act 2001 (Cth) ( Corporations Act ) in an effort to provide temporary relief to companies and officers for a six month period from today.
28 February 2020
2019 Australian IPO Review: REIT IPOs – The answer for you?
Australian real estate continues to attract substantial investment, both from domestic and offshore players, with the predominant structure for commercial property ownership being real estate investment trusts (both listed and unlisted). Recent experience demonstrates that REIT IPOs continue to be...
28 February 2020
2019 Australian IPO Review: Regulatory developments
In 2019, ASIC and ASX have had a continued focus on enhancing the integrity and corporate governance practices of entities seeking to conduct IPOs, with ASX’s amendments to the Listing Rules and the Corporate Governance Principles and Recommendations coming into effect and ASIC issuing various...
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...
11 August 2020
UPC Structure – local, regional and central divisions
The UPC will have a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases will commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPCA and the UPC Rules. The main seat of...
05 August 2020
Inside tech Asia webinar series
Our Inside Tech Asia Webinar Series covers a range of topics including fintech and digital banking, digital infrastructure, healthtech, and growth and investments in Asia Pacific. New themes and episodes will be added regularly. To join a live webinar session, please register and save the calendar...
04 August 2020
Comparing the fault standards in Australian and UK shareholder class actions
Continuous disclosure obligations applicable to shareholder class action claims have been the subject of much debate in Australia in recent years. Recent amendments to the continuous disclosure provisions of the Corporations Act 2001 (Cth) are intended to reduce opportunistic shareholder class...
03 August 2020
Governance: CORPORATE INSOLVENCY AND GOVERNANCE ACT 2020 - SOUNDBITE SERIES (UK)
Welcome to our soundbite series on the new Corporate Insolvency and Governance Act 2020 which came into effect on 26 June 2020. The provisions of the Act are complex and could have significant impact on companies in distress and their creditors, particularly landlords, suppliers, financial services...
30 July 2020
Funded class actions under the spotlight: Australian Federal Government introduces new regulations
On 24 July 2020, the Australian Federal Government introduced new regulations, removing the ‘managed investment scheme’ ( MIS ) and other financial services regulatory exemptions that apply for litigation funding schemes used in class actions.
30 July 2020
Human rights arguments increasingly deployed in climate change litigation
There has been a significant rise over the past five years in the number of climate change claims that have been based (at least in part) on human rights principles, according to the latest report from the London School of Economics Grantham Research Institute on Climate Change and the Environment...
29 July 2020
Pressure points: Trustees and administrators prepare for what’s ahead: Ombudsman to see a rise in complaints due to Covid-19 (UK)
The Pensions Ombudsman recently published both its Corporate Plan 2020-2023 and Annual Report for 2019/2020, which reveal that the number of enquiries the Ombudsman received has significantly increased in the last year. In addition, the Ombudsman expects the number of complaints to “undoubtedly”...
28 July 2020
UK autonomous sanctions underline importance of human rights due diligence
The importance of human rights and robust human rights due diligence was underlined earlier this month, by the UK government’s introduction of the Global Human Rights Sanctions Regulations 2020 (the “ Sanctions Regulations ”). The Sanctions Regulations are the UK’s first autonomous sanctions...
27 July 2020
Webinar: Workplace manslaughter developments in Australia – A national snapshot
Nearly all Australian States and Territories have approached the law around Workplace Manslaughter differently, in a further departure from the proposed ‘harmonisation’ of safety laws. The introduction of these very serious criminal offences is the topic of discussion in boardrooms, executive teams...