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30 November 2020

A reminder on permissible fetters to ‘fiduciary out’ clauses

In the current Real Energy Corporation Ltd scheme, the parties agreed to execute a Deed of Variation to the Scheme Implementation Agreement to remove a ‘reasonableness’ requirement in the fiduciary exception to the ‘no talk’, ‘no due diligence’ and ‘notification of unsolicited approaches’...
30 November 2020

Takeovers Panel refuses to break a truth in takeovers deadlock

The Takeovers Panel has held two bidders for Cardinal Resources Limited to their last and final statements, despite both offers being stuck in a deadlock at $1.00 per share.
30 November 2020

COVID-19: Governance: Holding AGMs during a pandemic (Australia)

We have been assisting a number of clients with contingency planning for their upcoming AGM, in light of recent guidance and emerging market practice.
30 November 2020

Consumer Data Right: Expanding the CDR regime

On 30 September 2020, the Australian Competition and Consumer Commission ( ACCC ) released a further consultation paper concerning the continued expansion and development of the Consumer Data Right ( CDR ) regime. The consultation paper accompanies an Exposure Draft with proposed amendments to the...
30 November 2020

European Commission seeks feedback on sustainable corporate governance

Earlier this year, we reported on the European Commission’s proposal to introduce a legislative initiative on mandatory human rights due diligence, and on an early draft directive prepared for the European Parliament’s Committee on Legal Affairs (the “ EP draft directive ”).
27 November 2020

Technology Disputes: The wave of the future

Joel Smith, Andrew Moir, Ina vom Feld, Alexandra Neri, Kate Macmillan, Peter Dalton, David Webb and Rachel Montagnon explore some of the major themes that have evolved around technology-related disputes.
27 November 2020

Predicting the future for “green” claims: The Full Federal Court provides guidance on representations as to future matters

Marketing products as ‘environmentally friendly’ is an increasingly popular way for businesses to capture consumer attention. As the popularity of such ‘green’ marketing claims has increased, so has the ACCC’s scrutiny of these claims.
26 November 2020

Workplace change for the Covid recovery

Australian Industrial Relations reforms In May 2020, the government announced its intention to introduce workplace changes to support the rebuilding of a post-Covid economy. Join our Employment, Industrial Relations and Safety team as we unpack the headlines and follow the latest developments on...
26 November 2020

Cartel Intel – updates from our EMEA network

Welcome to the our series of regular bulletins addressing key cartel enforcement developments across the EMEA region. Drawing on insights offered by market leading competition practitioners across our network of EMEA offices, we aim to highlight and provide expert analysis of developments of key...
26 November 2020

The Future of Cities: Businesses stand ready to help governments unlock city investment

At the start of 2020, global investment in city projects was reaching new heights. The world’s biggest spending cities were investing in over 8,200 projects in 2019, with a combined project pipeline of US$5.3 trillion. ​​​​​​​Then the pandemic hit, followed closely by economic recession: government...
26 November 2020

Can legislative reform resuscitate enterprise bargaining?

Enterprise bargaining in this country is on life support.
26 November 2020

Shaping the boundaries of collective redress in Germany – a glimpse of the future under an EU Representative Action Regime?

In a recent decision made on 17 November 2020, Germany’s highest civil court shaped the boundaries of collective redress available under German law. The court dismissed a claim brought against a financial institution as inadmissible because the plaintiff did not have the standing to bring the claim.
26 November 2020

Developments in UK trade negotiations. The UK-Japan Comprehensive Economic Partnership

At the end of the Brexit transition period on 31 December 2020, all of the bilateral trade agreements which are applicable to the UK benefits by virtue of its membership of the EU will cease to apply to the UK with potentially significant impact on trade between the UK and the respective partner...
25 November 2020

Closing the class: Uncertainties and challenges for class action settlements

Earlier this year, two decisions of the New South Wales Court of Appeal have challenged the appropriateness of what had been a standard class action procedural step known as “class closure”. This development will likely add to the complexities in resolving class action litigation, particularly...
25 November 2020

General Counsel Update, November 2020

This is the latest in our series of general counsel updates which aim to summarise major developments in key areas.