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08 February 2021
Healthcare as an Infrastructure asset
The search for yield is driving infrastructure investors to expand beyond typical core infrastructure assets into core+ or ‘infra-like’ assets. As part of this, infrastructure funds are increasingly looking at capital-heavy healthcare assets like hospitals and diagnostic imaging. Healthcare assets...
01 December 2020
Deciphering the complex world of underpayment of wages: compliance and enforcement
There have been a number of recent examples of large Australian corporates disclosing that members of their workforce have been underpaid, demonstrating the challenges faced by employers in complying with a complicated system of Australian employment laws. We empathise with our clients in this...
31 August 2020
Digihealth and the Race for Health Data – Key Legal Issues
The healthcare and pharmaceutical sectors in Asia and beyond are being reshaped by new digital technologies. From the use of AI for identifying lead compounds and connected devices for collecting personal health data, to the use of blockchain for managing supply chains and telehealth for accessing...
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.
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...
23 April 2020
COVID-19: People: Contact Tracing – balancing civil liberties (Australia)
In considering all its defensive options against the spread of COVID-19, the Australian Government has proposed a contact tracing smartphone “app” to be used in restricting the spread of COVID-19 and loosening lockdown measures.
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...
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...
22 October 2019
Patent and Pharma Update, October 2019
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we provide updates from the CJEU on SPCs: in one case the CJEU has declined to consider a referral from the UK while in another the Advocate General has issued his opinion on the...
12 September 2019
ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
The ACCC has issued final Guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act...
15 August 2019
Australian Patent Update: three key changes underway
Last August we considered IP Australia’s Exposure Draft outlining the potential impact of proposed changes to the Patents Act 1990 (Cth). Following the Exposure Draft’s release, IP Australia received 18 submissions in response, including submissions from AusBiotech, Medicines Australia and the...
11 July 2019
Patent and Pharma Update, July 2019
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the implementation of the controversial SPC waiver, as well as a new SPC referral from the Swedish Court of Appeal. We consider a change to the Patents Court Guide...
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15 September 2021
International Construction Law Conference 2021
King’s College London, Centre of Construction Law and Dispute Resolution, in collaboration with The Academy of Experts presents International Construction Law Conference 2021 Wednesday 15 September 2021 , held online and in person (restrictions permitting)* at King's College London starting at 09...
22 July 2021
Summary of key EU Merger Control developments
Members of the HSF Brussels competition team have written their annual chapter as a contribution to the latest edition of the highly-regarded Global Competition Review (GCR) EMEA Antitrust Review, which provides a comprehensive summary of key recent EU merger control developments. The publication...
22 July 2021
The future of lending to the oil and gas sector
Intense, continued focus on sustainability has put pressure on the oil and gas sector to openly demonstrate its efforts to effect change across the environmental, social and governance (ESG) spectrum. The sector is still a critical one for energy transition, and for ensuring access to energy in...
21 July 2021
How much detail of potential claims is needed prior to renewal?
When it comes to renewing “claims made and notified” policies (such as D&O insurance and Professional Indemnity), policyholders must be careful to disclose full details of any facts known to them which have the potential to give rise to a claim, otherwise they run the risk of disentitling...
21 July 2021
Inside Arbitration - Issue 12
Inside Arbitration is intended to give our clients a personal insight by sharing with you the perspectives of our international arbitration partners from across the globe. Our articles look at the global landscape for disputes and dispute resolution, commenting on regional trends in particular...
20 July 2021
Virgin Territory: What are the Implications of Restructuring Plans for Defined Benefit Pension Schemes?
The judgment in Re Virgin Active Holdings Limited [2021] EWHC 1246 has empowered the use of restructuring plans under Part 26A to the Companies Act 2006 (‘RPs’) to compromise the rights of unsecured creditors based on evidence that they would receive little or no return on an insolvency.
20 July 2021
The Bettor's Verdict – a Herbert Smith Freehills podcast on gambling law
This podcast, hosted by Steven Jacobs , will focus on unwinding the tangled web of US gambling laws past and present, telling the stories of the people affected by this sometimes-impenetrable and often-changing landscape, and providing insight on what will come next.
20 July 2021
Sustainable Lending in Real Estate Finance
Sustainability is now firmly at the top of the agenda, but the term has an enormously wide scope. Mirroring the approach of the bond market, two categories of sustainable loan are developing: sustainability-linked loans, where key performance indicators are used to set sustainability performance...
19 July 2021
Full Federal Court gives Epic Games the green light to continue in its Australian proceedings against Apple – implications for competition enforcement
The Epic Games ( Epic ) v Apple proceedings are back in action, with the Full Court overturning the primary judge’s stay of the proceedings.
16 July 2021
Federal Ministry of Finance reacts to the ruling of the Fiscal Court of Hesse on cum/cum trades
The German Federal Ministry of Finance has now reacted to the ruling regarding cum/cum-trades of the Fiscal Court of Hesse dated 28 January 2020 by way of two decrees (dated 9 July 2021 which were published today), and amended the previous decrees of 2017 on the "Tax Treatment of Cum/Cum...
15 July 2021
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...
15 July 2021
A virtual tour of Australia’s favourite art prize – The Archibald Prize
As a Presenting Partner of the Art Gallery of NSW, and Legal Partner of The Archibald Prize, we are pleased to share with you The Archibald, Wynne and Sulman Prizes exhibition, available online as a 360-degree immersive experience that can be accessed anywhere, anytime. This self-guided visit shows...
15 July 2021
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...