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.
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...
03 March 2020
A General Safety Provision - are we there yet??
It is looking increasingly likely that a ‘General Safety Provision’ for consumer products will be introduced into legislation in the near future. This idea has been simmering for some time and the Commonwealth Treasury has recently received public submissions on whether such a legislative provision...
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...
01 August 2018
Indonesia’s foreign investment regime liberalised by new OSS system
In its efforts to encourage and accelerate investment, the Indonesian government has issued a set of regulations reforming existing business licence regulations and establishing an online one-stop business licensing system known as Online Single Submission (“ OSS ”). We believe this represents a...
14 February 2018
The UK's access to the EU's preferential trade arrangements
The position of the UK under the EU's preferential trade agreements following Brexit is likely to become a major complicating factor in the negotiations. UK-based companies that rely on such agreements should be warned of the potential difficulties that may arise. The EU has approximately 60...
12 February 2018
Syndicated facilities institute obtains legislative acknowledgement in Russia
On 31 December 2017 the President of the Russian Federation signed one of the laws which has been most discussed by the Russian banking and legal communities – Federal Law No. 486-FZ "On a syndicated facility (loan) and amendments to certain legislative acts of the Russian Federation" (the " Law...
29 November 2017
Publicado el Real Decreto-Ley en materia de divulgación de información no financiera
El pasado sábado se publicó en el Boletín Oficial del Estado el Real Decreto-ley 18/2017, de 24 de noviembre, por el que se modifican el Código de Comercio, el texto refundido de la Ley de Sociedades de Capital aprobado por el Real Decreto Legislativo 1/2010, de 2 de julio, y la Ley 22/2015, de 20...
01 November 2017
The view from Brussels – Brexit negotiations – Developments in October
The Brexit debate often looks different viewed from Brussels rather than from London. It is however important for businesses to also keep in mind the Brussels perspective and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations.
29 June 2017
General Counsel Update, June 2017
This is the latest in our series of general counsel updates which aim to summarise major developments in key areas. Please see a summary of contents below and you can click download above for a full copy. For more information, please contact Simone Pearlman , Editor.
18 July 2016
Full Federal Court confirms limitation of trade mark rights with respect to repackaging of goods by third parties
The decision of the Full Federal Court in Scandinavian Tobacco Group v Trojan Trading Company, 1 clarifies that trade mark rights cannot be relied upon to prevent parallel importers from reusing a trade mark, if at any time previously the trade mark was applied to the goods with the consent of the...
09 June 2021
Launch event: Law Commission review of the law relating to corporate criminal liability
On 9 June 2021 at 4.30pm, our Corporate Crime and Investigations team will be hosting an event where the Law Commission will launch its review of the law relating to corporate criminal liability in England and Wales.
13 May 2021
Part 26A restructuring plans - most significant change in 20 years
In what is likely to be the most significant change to the UK restructuring and insolvency market since the Enterprise Act 2002, the Court has yesterday 1 paved the way for restructuring plans under Part 26A to the Companies Act 2006 ("RPs") to be used to compromise the rights of landlords,...
12 May 2021
CO2 Preis bleibt hälftig beim Vermieter
Der Grundsatz, dass verbrauchsabhängige Nebenkosten auf den Mieter vollständig umgelegt werden können, gerät ins Wanken. Am 12. Mai 2021 hat das Bundeskabinett beschlossen, dass der seit 1. Januar 2021 geltende CO2 Preis hälftig zwischen Vermietern und Mietern geteilt werden soll.
11 May 2021
EU Sustainable Finance Action Plan takes shape with proposal for Corporate Sustainability Reporting Directive and first Taxonomy Delegated Acts
On 21 April 2021 the European Commission took another step towards implementing the Green Deal and the Sustainable Finance Action Plan by adopting a package of measures, including a proposal for a Corporate Sustainability Reporting Directive (CSRD) and the first Climate Delegated Act under the...
11 May 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, following the results of the Scottish Parliament election on 6 May, the debate around a second referendum...
11 May 2021
National Security and Investment Act 2021: Application of the New UK National Security and Investment Regime to Lending Arrangements
On 29 April 2021 the National Security and Investment (NSI) Bill received Royal Assent. The NSI Act 2021 introduces significant legislative reforms which will overhaul the ability of the UK Government to review transactions on national security grounds, and potentially prohibit their completion or...
10 May 2021
Copyright owners “Don’t have to take it”: Federal Court of Australia awards substantial remedy for copyright infringement, plus double damages for flagrancy
The Federal Court’s recent decision in Universal Music v Palmer , in which Mr Palmer was ordered to pay AU$1.5 million for his unauthorised use of the song We’re Not Gonna Take It , reaffirms that the Court is prepared to award significant financial remedies to intellectual property owners whose...
10 May 2021
Hydrogen and Africa
As part of the energy transition, clean hydrogen has emerged as a critical tool in decarbonising our economies. In this article, we discuss the hype around hydrogen, provide a quick recap of hydrogen technology and explore reasons why the African continent is well placed to leverage the...
07 May 2021
The Future of Packaging Waste in the UK: Government Outlines Framework for Extended Producer Responsibility
The UK Department for Environment, Food, and Rural Affairs (DEFRA) launched a second consultation on the introduction of UK-wide Extended Producer Responsibility (EPR) for Packaging (deadline to submit responses is 4 June 2021 ). The proposals provide further information on Government's plans to...
05 May 2021
Corporate Debt and Treasury Report 2021
Corporate Treasury Proves Resilient to COVID-19 Challenges and ESG Rises Up The Corporate Agenda For the seventh consecutive year, our Corporate Debt team has surveyed and interviewed treasurers and other senior finance professionals over 100 large UK listed corporates (and equivalents) for our...
05 May 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...