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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 Australia: Insurance losses and considerations for policyholders
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...
02 April 2020
Alumni End of Summer Soirée, Sydney
Herbert Smith Freehills invites our Alumni back home this year, for a reunion to experience an End of Summer Soir ée. Join us for a colourful affair where guests can relax, and catch up with old friends. You'll enjoy a feast of summer delights with a Gelato Messina pop-up, sample Prosecco and...
01 April 2020
COVID-19 People: Real Estate landlord tenants update (Australia)
The shockwaves from the outbreak of COVID-19 are being felt right across the Australian economy – and commercial real estate is no different. Tenants and landlords are facing the prospect of a prolonged reduction in business activity, remote working and even total shutdown – none of which were...
31 March 2020
COVID-19 Global: Webinar series
The COVID-19 pandemic is creating significant health, social and economic challenges world-wide, forcing governments and businesses to critically assess the impact to their people, operations and governance. We understand that navigating the pace of change, whilst also dealing with immediate issues...
31 March 2020
COVID-19 People: Data Privacy issues (Global)
In these unprecedented times, COVID-19 has forced organisations to quickly put in to place measures with the aim of ensuring both business continuity and the protection of employees. In many instances, this has involved increased processing of health data, in ways that were not envisaged a short...
31 March 2020
COVID-19 Pressure Points: Increased scrutiny of foreign investment into Australia in response to COVID-19 impacts (Australia)
On 29 March 2020, in response to the extraordinary economic implications of the COVID-19 pandemic, the Australian Government announced important temporary changes to Australia’s foreign investment review framework. These changes will have the effect of lowering the monetary screening threshold for...
31 March 2020
COVID-19 Pressure Points: Material Adverse Change conditions take centre stage (Australia)
Difficult situations can pose difficult questions. The current COVID-19 pandemic has brought into sharp focus material adverse change clauses in deals. The context, the condition, and the carve-outs to it, all need to be examined in determining whether a MAC has been triggered.
31 March 2020
COVID-19 Pressure Points: Managing liquidity (UK / EMEA)
The COVID-19 global pandemic is above all else a humanitarian crisis. In response to the rapid spread of the disease, governments around the world are taking unprecedented measures to protect the health of their citizens. As both economic production and consumption contract rapidly, individuals and...
31 March 2020
NSW legislative committee recommends NSW Modern Slavery Act be brought into force in 2021
After receiving over 100 submissions, the New South Wales Legislative Council’s Standing Committee on Social Issues has released its Final Report into the Modern Slavery Act 2018 and associated matters ( Report ).
31 March 2020
COVID-19 Governance: Proposed changes to insolvency law in response to the crisis announced by Government (UK)
The Department for Business, Energy and Industrial Strategy (“ BEIS ”) over the weekend announced a number of proposed changes to UK insolvency law in response to the COVID-19 crisis. While the details of these changes are not yet clear – BEIS indicates that it will be introducing legislation to...
