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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.
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...
15 July 2020
Future Cities Series: Tech-driven supply chains to help shape future cities
The criticality of global supply chains to not only economic strength but also societal health has been brought into sharp focus by the Covid-19 pandemic. As economies look towards pathways to recovery and resilience, supply considerations will be paramount. Additionally, policy responses to the...
18 June 2020
Future Cities Series: Emissions down in lock-down – how can we lock-in the climate gains?
We are well into the pandemic and lockdown in many regions, so it is natural to ask the question, “ when will this end and when will we return to normal ”... The problem is, “normal” was not sustainable, in so many ways. Those of us in the energy industry particularly know that to be true. This...
18 June 2020
Future Cities Series: How planning and zoning rules can be used to incentivise post-Covid development in cities
The Covid-19 pandemic has spread rapidly in densely populated cities, with typically only three to four weeks between the first fatality and the initial peak of infections. Like all unwanted guests, it will depart more slowly. As the health crisis begins to recede, we are facing months of continued...
18 June 2020
Future Cities Series: Change in direction or full speed ahead for the transport industry?
Modern transport has allowed us to travel further and faster, and in much greater numbers. It has shaped where we live, how we work and how we have fun. Developments in transport usage have in turn been shaped by external drivers; technological innovation, economic developments, government...
18 June 2020
Future Cities Series: Prioritising and funding sustainable infrastructure in a post-Covid era
In response to Covid-19 governments across the world have made drastic interventions in order to protect public health. Lockdowns and other social isolation requirements have shut down large parts of national economies. For now at least, planes are grounded, global demand for energy has plunged and...
08 May 2020
COVID 19: People: Legislative protection against mandating use of the COVIDSafe App proposed (Australia)
To protect individuals from being required to download or use the COVIDSafe app, the Australian Government intends to introduce draft legislation with the Privacy Amendment (Public Health Contract Information) Bill 2020 (the Bill ). The Bill aims to “enshrine the determination’s privacy protections...
01 May 2020
COVID-19: People: Summary of the COVIDSafe App (Australia)
In its defence against the spread of COVID-19, the Australian Government has developed the COVIDSafe app. The COVIDSafe app is intended to provide health agencies and professionals with the ability to rapidly contact trace. Adoption by Australians of the COVIDSafe app is seen by health experts as a...
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...
30 January 2020
Unfolding privacy class actions in Australia
Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and difficulties in quantifying loss. Despite the challenges, on 9 December 2019, the Supreme Court of NSW in Evans v Health Administration...
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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28 September 2020
China’s competition regulator publishes new compliance guidelines
In August 2020, China’s primary competition enforcement regulator, the State Administration for Market Regulation ( SAMR ), announced the publication of its “2019 Compilation of Antitrust Regulations and Guidance”. The publication formally adopts four key guidelines (the Guidelines ) relating to...
28 September 2020
Due Diligence in the Age of ESG and Covid-19 (Japan)
Even before the Covid-19 pandemic, the increasing focus of external stakeholders on corporate purpose, accountability and resiliency was driving environmental, social and governance ( ESG ) matters higher up the corporate agenda. The Covid-19 pandemic has magnified the spotlight on ESG issues,...
25 September 2020
EU Mandatory Human Rights Due Diligence Law Takes Shape
Earlier this year we reported on a European Commission proposal to introduce mandatory human rights due diligence legislation for the EU. The European Parliament's Committee on Legal Affairs has now published a draft report which includes the text of a proposed Directive, giving a sense of the...
24 September 2020
Webinar: Sustainability in Arbitration – Reducing the environmental impact of our disputes
Herbert Smith Freehills and the Campaign for Greener Arbitrations are delighted to invite you to attend our webinar on Sustainability in Arbitration. Environmental sustainability is not a new subject, but is one that is increasingly at the forefront of government and corporate strategy and...
23 September 2020
Catalyst // Podcast Series
As markets move from response to recovery, our focus is shifting too. Looking ahead, we expect the global pandemic to operate as a catalyst, accelerating changes in human behaviour, driving forward scientific and technological advances, and ushering in further digitalisation and some tough choices...
23 September 2020
Podcast: Herbert Smith Freehills and GaffneyCline experts speak on ESG and Decarbonisation with the Oil & Gas Council
In this podcast Tim Pawul of the Oil & Gas Council hosts GaffneyCline's Global Head of Carbon Management, Nigel Jenvey and Herbert Smith Freehills' Global Head of Energy, Lewis McDonald, where they talk about ESG and decarbonisation in the context of oil & gas around the world. In the...
23 September 2020
UK Government plans to strengthen Modern Slavery Act 2015 reporting requirements
The UK Government has published its response to the transparency in supply chains consultation . The response sets out significant new proposals intended to strengthen the Modern Slavery Act 2015 ( MSA ), and in particular the requirement for certain organisations to produce a slavery and human...
23 September 2020
Cyber and data security webinars
Cyber security is a high-ranking board agenda item showing no sign of abating. The regulatory landscape is becoming ever more complex as we strive to respond and mitigate the risks of cyber incidents. In the following webinars we delve into some key developments to help you keep abreast of changes...
23 September 2020
People: New remote work regulations (Spain)
On 23 September 2020, the Spanish Official State Journal (Boletín Oficial del Estado) published Royal Decree-law 28/2020, of 22 September (“RDL 28/2020”), on remote work. The new regulation will enter into effect 20 days after its publication, in all matters relating to the regulation of this form...
23 September 2020
The Italian medicines agency AIFA opens a public consultation on the draft guidelines for the preparation of the dossier supporting a price and reimbursement application
This is the last step before the implementation of the new procedure for the price and reimbursement negotiation set out in the Decree on price and reimbursement negotiation of 2 August 2019. The Italian Medicines Agency (AIFA) has launched a one week public consultation, closing 30 September 2020...
