27 July 2020
The Prevention Principle – An irreproachable concept?
We recently spoke with Thomas Lazur of Keating Chambers on the "prevention principle." Our discussion can be listened to here , and this article supplements that discussion and considers further some of the key points raised during our conversation.
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...
07 June 2019
NSW security of payment reform update: what you need to know
In November 2018, significant amendments to NSW’s security of payment legislation, the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act ) passed into law. 1 Our previous article described those amendments.
08 April 2019
NSWCA highlights 'med-arb' pitfalls
The New South Wales Court of Appeal has recently affirmed the importance of strict compliance with legislative requirements when arbitrators seek to assume the role of mediator during the course of arbitration proceedings – otherwise known as ‘med-arb’. 1
28 November 2018
London Construction and Infrastructure Disputes Group authors chapter in GAR Guide to Construction Arbitration
London-based Construction & Infrastructure Disputes partners James Doe and David Nitek have authored the chapter on 'Construction Arbitration and Turnkey Projects' in the second edition of Global Arbitration Review’s Guide to Construction Arbitration .
06 December 2017
CJEU ruling in Coty – greater online protection for luxury goods suppliers
In its hotly anticipated ruling in the Coty case , the Court of Justice of the EU (CJEU) has held today that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through online third-party platforms does not infringe Article 101(1...
18 October 2017
UK Government consults on proposals to expand national security review of foreign investments beyond current merger control regime
On 17 October 2017 the Department for Business, Energy & Industrial Strategy ( BEIS ) published its long-awaited Green Paper National Security and Infrastructure Investment Review for consultation. The Green Paper contains proposals to extend the UK merger control public interest intervention...
06 October 2017
Reform of French Securitisation Law and Creation of Specialised Financing Vehicles
The reform of the French securitisation legislation announced by the Government throughout the implementation of 'Sapin 2 Law' has been published on 5 October 2017. This reform is coupled with the introduction into French law of specialized financing vehicles and a new reform of the banking...
25 May 2017
Good news for EPC contractors in the Australian market: Developments and trends in security of payment legislation
In Australia, both State and Federal governments have acknowledged the need to improve security of payment for EPC contractors and subcontractors. The consequent regulatory and legislative changes stand to benefit EPC contractors looking to enter the Australian market, but they must familiarise...
25 May 2017
Spotlight on Brad Strahorn, Partner, Dispute Resolution, Sydney
Brad Strahorn is a construction and infrastructure disputes specialist, based in our Sydney office. He advises on all aspects of the resolution of project disputes. Here he gives us an insight into his career as a construction lawyer, his time in our Tokyo office and the trends his team is...
25 May 2017
Transport and Infrastructure Post-Brexit - Risks and opportunities
Herbert Smith Freehills recently hosted a round table dinner on dispute resolution issues for corporate counsel in the construction and infrastructure industries. The event was chaired by Commercial Dispute Resolution (CDR)’s editor-in-chief Ben Rigby, under the Chatham House Rule for the guests,...
16 April 2021
Update: On 15 April 2021 the German Federal Constitutional Court (Bundesverfassungsgericht) has ruled the Berlin Rent Cap (Berliner Mietendeckel) to be void in its Entirety
With yesterday´s ruling, the Second Senate of the German Federal Constitutional Court (Court) declared the law of the State of Berlin on rent limitation on residential properties in Berlin (Berlin Rent Cap) to be unconstitutional and therefore void in its entirety.
15 April 2021
Routes and obstacles to a second Scottish independence referendum
At the time, the 2014 referendum was seen as a “once-in-a-generation opportunity” to settle the question: “ Should Scotland be an independent country”. The No-vote won by 55% to 45%. However, as we approach the 2021 Scottish Parliament election on 6 May, the debate around a second referendum is...
13 April 2021
Pharmaceutical patent term extensions: federal court hears challenge to “absurd” Australian patent office ruling
Two major pharmaceutical companies have challenged Australia’s Commissioner of Patents in the Federal Court about the time limits within which an application can be made to extend a patent term.
12 April 2021
The Future of Consumer – 2021 APAC predictions
2020 presented a number of significant challenges with Covid-19 accelerating some of the existing trends in the consumer sector – and we expect to see these issues driving some real turning points in 2021, as our Asia-Pacific Consumer team will explore in this series. Trust continues to be a major...
12 April 2021
The Future of Consumer Series
It is an exciting time for The Future of Consumer with the opportunities from innovation and technology, yet constant pressure to keep pace with regulatory intervention and change; disruptive technologies; and business model adaptations. The Future of Consumer series tackles a range of issues to...
08 April 2021
Real estate transfer tax (“RETT”) reform likely to be implemented on short notice
The German RETT reform is gaining momentum and an updated draft bill is contemplated to be voted on by the German parliament as early as mid-April. While a draft bill has not yet been published, with a few exceptions, the new rules are expected to be largely similar to a previous draft published in...
31 March 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.
31 March 2021
SPACs and de-SPACing – What Australian companies need to know
In 2020, SPACs overtook traditional IPOs in the US by number and each of them will need to find acquisition targets or be liquidated within a set time frame. Increasingly, Australian companies are on the radar as acquisition targets for SPACs. In this article we examine what they are, why...