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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...
18 February 2020
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses all over the world. Many Australian policyholders are asking: can the adverse financial consequences of the interruption be claimed on insurance...
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...
29 January 2020
Is US government inaction on climate change a breach of the constitution?
A United States court has recently been asked to consider whether the federal government’s inaction in relation to climate change breaches the United States constitution. The court (by a majority of two to one) reluctantly found that they did not have jurisdiction to order the government to redress...
21 January 2020
The new environment for climate change litigation
The Dutch Supreme Court (the Court ) has recently affirmed a decision of the District Court to issue an order directing the State of the Netherlands to reduce it's greenhouse gas emissions by the end of 2020 by at least 25% of the emissions as at 1990. The order issued by the District Court now...
11 December 2019
Big data is transforming investigations
Big data is rapidly changing the way in which regulators and law enforcement conduct an investigation and build a case. New technology reduces compliance costs, but also increases regulatory expectations of businesses' monitoring, detection and reporting capabilities. And, as technology evolves,...
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...
02 September 2019
One Step Forward for Battery-powered Electric Vehicles in Indonesia
On 8 August 2019, Indonesia’s President signed the country’s first regulation on electric vehicles – Presidential Regulation No. 55 of 2019 on the Acceleration Program for Battery-powered Electric Vehicles for Road Transportation (“ PR 55/2019 ”). PR 55/2019 reflects the government’s twin ambitions...
16 August 2019
NSW Modern Slavery – opportunity to provide input
In June 2018, the Parliament of New South Wales passed the NSW Modern Slavery Act , ahead of the Commonwealth Modern Slavery Act which passed in December 2018. However, the NSW Modern Slavery Act is yet to commence and it has been reported that the NSW Special Minister of State had received advice...
04 July 2019
Depreciation is not to be deducted as a “saving” in calculating business interruption claims
Whether a reduction in non-cash costs such as depreciation following insured damage amounts to a “saving” to the policyholder which is to be deducted from insured Gross Profit in calculating business interruption losses is an issue which has been debated by claims professionals for many years. The...
29 May 2019
Irony and the opportunity for generational reform of Australia’s Workplace Laws
There is some irony that the party which entered the 2019 federal election campaign with no IR policy now has the chance of a generation to make enduring and significant change to improve Australia’s IR system for employees and employers alike.
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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...
03 April 2020
COVID-19: Posible impacto jurídico (últimas novedades) (España)
En los últimos días se ha publicado nueva normativa para hacer frente a la crisis sanitaria provocada por el COVID-19. Analizamos a continuación, los impactos más relevantes de las medidas que se incluyen fundamentalmente en el Real Decreto-ley 11/2020, de 31 de marzo, por el que se adoptan medidas...
03 April 2020
COVID-19: People: Flexibility provisions in Modern Awards (Australia)
Over the past week, the Fair Work Commission ( FWC ) has made determinations to vary the Clerks – Private Sector Award 2010 (the Clerks Award ), the Hospitality Industry (General) Award 2010 (the Hospitality Award ) and the Restaurant Industry Award 2010 (the Restaurant Industry Award ), to address...
03 April 2020
COVID-19: People: Temporary amendments to Modern Awards concerning leave entitlements (Australia)
The Fair Work Commission ( FWC ) announced that it proposes to temporarily vary 103 modern awards to: provide all employees (including full-time, part-time and casual employees) with a new entitlement of up to 2 weeks’ unpaid pandemic leave; and provide for employees, by agreement with their...
03 April 2020
COVID-19: Pressure points: German Start-Up Liquidity Programme 2020 (Germany)
On 31 March 2020, the German Federal Government (through the German Federal Ministry of Finance and the German Federal Ministry of Economy and Energy) has announced to provide further liquidity measures in light of the ongoing COVID-19 crisis, this time specifically tailor-made and shaped to...
02 April 2020
Covid-19: Pressure Points: Listed Closed-Ended Investment Funds (UK) - updated 2 April 2020
The spread of COVID-19 has unsettled financial markets over the last few weeks. Against this backdrop, it is also important to recognise the differing impact of the pandemic on different sectors and market players.
02 April 2020
COVID-19: Pressure Points: Contractual Implications and Considerations under New York law (United States)
As the COVID-19 outbreak keeps impacting contractual performance, an increasing number of counterparties are seeking ways to avoid contractual liability for non-performance. Parties with contracts governed by New York law should consider a number of issues before attempting to excuse performance...
02 April 2020
COVID-19: People: Handling COVID-19 related health information (Australia)
The COVID-19 pandemic has led to information gathering and sharing that has, up until now, not been contemplated by many Australian organisations. Businesses are dedicating resources to implement essential measures aimed at responding to COVID-19 and protecting the health of their personnel and...
02 April 2020
COVID-19: People: ADGM issues new COVID-19 circular regarding employees - 5 key points (Abu Dhabi)
The Abu Dhabi Global Market (“ ADGM ”) is an economic freezone located in Abu Dhabi, with its own set of civil laws based on the law of England & Wales. The ADGM’s Registration Authority (“ RA ”) issued Registration Authority Circular No. 14 of 2020 on 29 March 2020 (“ Circular ”), its most...
