11 August 2020
UPC Structure – local, regional and central divisions
The UPC will have a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases will commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPCA and the UPC Rules. The main seat of...
21 July 2020
Can predictive analytics prevent employee misconduct?
With predictive policing and crime forecasting gaining attention, although not always good, it is not surprising that businesses are considering how to deploy analytics in their fight against employee misconduct. Certainly, financial regulators have encouraged organisations to become more...
21 July 2020
Digital forensics in investigations and the growing data burden
The approach to digital forensics in investigations is constantly evolving to keep pace with the increasing volume, velocity and variety of data within organisations. Almost every action we take leaves a digital trail and the type of information businesses are collecting, both internal and external...
21 July 2020
Big data and modern slavery
While the benefits of data and technology can be leveraged to aid businesses with modern slavery compliance and due diligence, businesses should not lose sight of the risks involved with overreliance on these tools. Despite the promise of more informed decision making, big data is not without its...
21 July 2020
Using big data to fight financial crime
In a regulatory environment which demands ever higher standards for anti-money laundering ( AML ) compliance, many financial institutions have responded by significantly increasing headcount in their AML functions, often at significant cost. However, an investment in headcount alone may not yield...
21 July 2020
Regulators lead businesses in monitoring of misconduct
As regulators and law enforcement increasingly rely on advanced data analytics for monitoring and surveillance, the risk is growing that they will detect misconduct by employees and customers that has gone undetected by a company’s own internal systems.
25 June 2020
CJEU rules that providing free samples of non-prescription drugs to pharmacists is permitted
On 11 June, the Court of Justice of the European Union (" CJEU ") ruled on the question of whether free samples to pharmacists of medicines may be supplied by pharmaceutical companies to pharmacists. The German Federal Supreme Court (Bundesgerichtshof) had referred questions regarding the German...
11 June 2020
EXPLORING OPPORTUNITIES: HEALTH TECH SECTOR'S RAPID DEVELOPMENTS (INDONESIA)
The future is bright for Indonesia’s health-tech industry, as interest from citizens, doctors and government surges. As the pandemic continues to impact daily life, Indonesians are rushing online for health information, medical consultations and to buy medicine. Health-tech start-ups have seen a...
12 May 2020
Patent and Pharma Update, May 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this update we welcome our new IP partner in Germany. We have a number of interesting updates from the UK Court of Appeal, including a decision on Arrow declarations, a competition decision...
29 April 2020
Commonwealth fails in its claim for compensation for PBS expenditure
The Federal Court’s decision in Commonwealth v Sanofi Justice Nicholas’ long-awaited decision in Commonwealth v Sanofi is an Australian first. 1 Of the 4 cases in Australia in which the Commonwealth has sought compensation for losses arising from an interlocutory injunction restraining the launch...
14 April 2020
Exploring Opportunities: The impact of Covid-19 on competition law in the pharmaceutical sector (Europe)
The global Covid-19 pandemic has, to an extent, re-directed some of the actions and focus of competition authorities, which are placing increasing scrutiny on several strategic industries to ensure they do not profit from the crisis. Some of these developments, as outlined below, are relevant to...
07 April 2020
COVID-19: Pressure points: Online sales of pharmaceuticals – now available? (Russia)
In light of the volatile situation with COVID-19, the President of Russia signed Decree No. 187 dated 17 March 2020 “On Retail Trade of Medicines for Medical Use” (“Decree No. 187”) under which distance selling of over-the-counter (“ OTC ”) medicines is permitted. Following execution of Decree No...
27 October 2020
The FCA Climate Change Consultation Paper: A U.S. Capital Markets Perspective
Introduction Climate-related disclosure has become one of the most widely discussed issues in capital markets in recent years. Many influential institutional investors have called for specific, consistent and reliable disclosures of the risks and opportunities related to climate change to guide...
26 October 2020
Balancing Risks and Opportunities: Data Governance in Australia
Data has become the heartbeat of every business in today’s digital world. It is the key to knowing your customers, remaining competitive and succeeding into the future. Yet it comes with great responsibility – knowing how to use your data and protect it is becoming ever more important. Tune into...
26 October 2020
2020 Responsible business report
This year has been an extraordinary year. The human cost and disruption caused by the Covid-19 global pandemic are difficult to overstate. In addition to the pandemic, in the last 12 months, we have also seen bushfires devastate large areas of Australia, widespread protests and calls for racial...
23 October 2020
Contractor entitled to claim lost profits under Operation and Maintenance contract following Owner's breach of Design and Build Agreement
Infrastructure projects often involve a complex suite of documents which are negotiated together but each constitutes a separate binding agreement. By way of example, a project developer and a host government may sign a land lease, a construction contract and long term operating agreement. The UK’s...
22 October 2020
Update on Covid-19 Business Interruption Insurance UK FCA Test Case: Declarations and Appeals
Developments in the UK FCA test case for COVID-19 related business interruption could have implications for similar claims in Australia. The UK Court has: issued its detailed declarations to give effect to its reasons for judgment handed down on 15 September 2020 (a copy of the judgment is...
21 October 2020
Capital Raisings and Opportunistic M&A in a Covid-19 Environment—Lessons Learned from the Global Financial Crisis
The Journal of International Banking Law and Regulation (JIBLR) has published an article written by members of our securities class action practice: Capital Raisings and Opportunistic M&A in a Covid-19 Environment—Lessons Learned from the Global Financial Crisis.
20 October 2020
2020 Global Bank Review: #disruption
The 2020 edition of our Global Bank Review: #disruption , explores the challenges and opportunities facing banks, with the emergence and impact of the Covid-19 global health pandemic and its subsequent ramifications. While the sector has faced – and overcome – significant disruption before, the...
20 October 2020
International Arbitration in Australia in 2020 – state of play
International arbitration continues to play an increasingly important role in Australia. In this note we canvass some of the key developments in the international arbitration space in 2020, including: Recent judicial support for international arbitration and the enforcement of arbitral awards,...
16 October 2020
Members of our Digital Law Group contribute to the Tech London Advocates and UK Law Society’s guidance for lawyers advising on distributed ledger technologies
“Technology underpins innovation in legal services and plays a critical role in driving the postcoronavirus recovery across all sectors of the economy. The report of the TLA’s Blockchain Legal and Regulatory Group will provide a clear framework and much needed guidance on the use of blockchain in...
15 October 2020
Libor transition update - October 2020
The cessation of the London Inter-bank Offered Rate ( LIBOR ) at the end of 2021 has long been an issue vexing the global financial services industry given the scale and geographic spread of exposures to the affected benchmarks across the currencies and terms in which it is published. As we reach...