14 September 2018
Internal Investigations and Privilege - update
The law of privilege is of particular importance in the present climate of intense regulatory and public scrutiny of corporate misconduct. Following significant corporate events or allegations of wrongdoing, companies often establish internal investigations to seek legal advice or in anticipation...
13 September 2018
Tanzania's new integrity pledge for mining companies: does it meet international best practice?
Since July 2017, the Government of Tanzania has introduced significant regulatory reforms to the mining industry (as well as the nascent upstream oil and gas industry). See our previous notes on these reforms here , here and here .
13 September 2018
Final turn for Mighty River
Mesa Minerals Ltd was placed into voluntary administration on 13 July 2016 with a holding deed of company amendment (‘DOCA’) entered into on 3 November 2016. The DOCA’s stated objective was to provide sufficient time for the Administrators to conduct further investigations into the course of action...
10 September 2018
Class Action Assault on UK PLCs for Acts of Subsidiaries
A recent trio of decisions 1 from the Court of Appeal of England and Wales has provided insight into the circumstances in which an English-domiciled company may be held liable in negligence to individuals affected by the acts of its overseas subsidiaries.
15 August 2018
Getting the deal through: Mining 2018 (South Africa Chapter)
The mining industry has historically been a key driver of the South African economy. Economic activity in modern-day Soth Africa has been centered on mining activities, their ancillary services and supplies. The country's stock exchange in Johannesburg was established in 1887, a decade after the...
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...
27 July 2018
The temperature is rising on corporate crime in Australia Implications for company directors
Proposed corporate crime reforms will involve a sea change in director responsibility. Rather than directors reacting to issues that come to their attention like foreign bribery offences, it will be important for directors to take proactive steps to ensure such issues do not arise.
27 July 2018
Upheaval and uncertainty in mineral regulation in parts of Africa: Resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-) emerging. In this context it is important for companies associated with the mining sector to be aware of the...
15 June 2018
Heightened Risk? Resource nationalism on the rise in sub-Saharan Africa
The seemingly increasing trend towards nationalist thinking, combined with and likely driven by growing economic inequality, has resulted in several changes in mining and tax legislation in sub-Saharan Africa countries.
11 May 2018
Court of Appeal upholds policyholder’s right to recover costs of ‘voluntary’ remediation works
The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of ‘voluntarily’ remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the...
Loading Results
Loading
Hubs
Featured
Recent Articles
20 September 2018
Impact Investment: Generating positive returns
All over the globe, entrepreneurs are devising innovative commercial solutions to social and environmental challenges. The growth of the sustainable investment market has been buoyed by a revolution in the use of technology to tackle the world's greatest problems. At Herbert Smith Freehills, we are...
14 September 2018
Internal Investigations and Privilege - update
The law of privilege is of particular importance in the present climate of intense regulatory and public scrutiny of corporate misconduct. Following significant corporate events or allegations of wrongdoing, companies often establish internal investigations to seek legal advice or in anticipation...
13 September 2018
UKademy 2018
The UK Collaborative Plan for Pro Bono is running the third annual UKademy Conference; run by pro bono professionals for pro bono professionals working in law firms. Anyone tasked with starting up, managing and/or leading pro bono work for their office or firm on a full or part time basis is...
13 September 2018
Tanzania's new integrity pledge for mining companies: does it meet international best practice?
Since July 2017, the Government of Tanzania has introduced significant regulatory reforms to the mining industry (as well as the nascent upstream oil and gas industry). See our previous notes on these reforms here , here and here .
13 September 2018
Final turn for Mighty River
Mesa Minerals Ltd was placed into voluntary administration on 13 July 2016 with a holding deed of company amendment (‘DOCA’) entered into on 3 November 2016. The DOCA’s stated objective was to provide sufficient time for the Administrators to conduct further investigations into the course of action...
13 September 2018
Second batch of UK Government's Brexit 'no deal' technical notes released
Today, the UK Government released the second of three batches of technical notes about the impact of a “no deal” scenario at the end of March 2019. These are available here . This second batch is of 28 and includes notes on civil judicial cooperation , broadcasting rights , data protection ,...
11 September 2018
Tech for social good
As public finances are increasingly under pressure and fewer funds are available to address the major societal problems of today, social impact businesses are taking up the reins. Agile and innovative, they often use technology to deliver creative and relevant solutions to the challenges facing...
11 September 2018
Impact Investment case studies
All over the globe, entrepreneurs are devising innovative commercial solutions to social and environmental challenges. On this page we highlight a selection of case studies where our team has supported innovation to generate long-lasting positive returns. For further information on our tech for...
10 September 2018
Class Action Assault on UK PLCs for Acts of Subsidiaries
A recent trio of decisions 1 from the Court of Appeal of England and Wales has provided insight into the circumstances in which an English-domiciled company may be held liable in negligence to individuals affected by the acts of its overseas subsidiaries.
06 September 2018
China proposes amendments to the regime for foreign investors’ strategic investments in listed companies
Over the past year, the Chinese government has implemented a series of new policies and rules to transform China’s foreign investment regime and attract more foreign investment. These changes have further opened the Chinese market to foreign investors, streamlined governmental regulation on foreign...
05 September 2018
Consumer Law penalties ramping up to deter breaches
Legislation has passed which significantly increases maximum penalties under the Australian Consumer Law. The ACCC Chair said of the increase “penalties need to hit the bottom line so they are not simply seen as the cost of doing business”.
