21 December 2018
Corporate Crime Update, December 2018
Welcome to the December 2018 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. This month, we would like to wish all of our regular readers a very happy, and hopefully corporate crime free, festive...
14 December 2018
The Unified patent court and unitary patent – Introduction
26 of the 28 European Union Member States (MSs) have participated in the enhanced cooperation needed to establish a new patent right – the European Patent with Unitary Effect, otherwise known as the unitary patent ( UP ). This new right will become available as soon as the new court system - the...
11 December 2018
Patent and Pharma Update, December 2018
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on several ground-breaking decisions from the UK courts on second medical use patents and skinny labels, infringement by equivalents and the possibility of global FRAND...
13 November 2018
The next step in legislating for the use of self-driving vehicles
The Automated and Electric Vehicles Act 2018 received Royal Assent in July 2018. While providing (in broad terms) for a system of civil liability where an accident is caused by an automated vehicle and establishing core definitions, the Act does not seek to address a number of important issues...
26 September 2018
Brexit “no deal” technical notices published on intellectual property and life sciences sector issues
The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The...
21 September 2018
European Private Equity Review, Autumn 2018 Edition
The Herbert Smith Freehills European Private Equity Review highlights legal developments of particular significance for European financial sponsors and shares our experience of trends across the European private equity landscape and opportunities for growth.
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...
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...
08 April 2019
NSWCA highlights 'med-arb' pitfalls
The New South Wales Court of Appeal has recently affirmed the importance of strict compliance with legislative requirements when arbitrators seek to assume the role of mediator during the course of arbitration proceedings – otherwise known as ‘med-arb’. 1
05 April 2019
Patent and Pharma Update, April 2019
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on the recent UK Supreme Court decision in the tadalafil case, which foreshadows how English courts will probably respond to issues of obviousness arising from patents...
04 April 2019
Regulating the barrel to stop the bad apples
Franchisors and investors in them are the subject of criticism in the latest Australian Parliamentary Joint Committee on Corporations and Financial Services ‘Fairness in Franchising’ report, and should expect some serious changes to the Australian Franchising Code of Conduct.
04 April 2019
Whitewash win for the ACCC
The Geowash decision is yet another recent reminder of the ACCC’s intention to closely regulate and scrutinise franchisor conduct. It also provides the ACCC with a valuable precedent in supporting a relationship between a breach of the ACL and good faith obligations under the Code.
29 March 2019
A final conclusion? The Federal Court dismisses the Finders Resources judicial review proceedings
In its decision in Eastern Field Developments Limited v Takeovers Panel  FCA 311, the Federal Court has dismissed the application by Eastern Field Developments Limited for judicial review of the Review Panel’s decision in Finders Resources Limited 03R  ATP 11. This means, that absent an...
29 March 2019
ASIC’s corporate finance report – July to December 2018: Insights and guidance on ASIC’s regulatory focus for public M&A
We delve into the corporate finance report published in March by ASIC, with a focus on ASIC’s public M&A related activities over the second half of 2018 and the future areas of ASIC’s regulatory focus.
29 March 2019
Depositary arrangements and the headcount test: the Federal Court’s decision in the Tronox scheme
Share depositary systems are used to enable electronic settlement of share trades and to enable shares issued in one jurisdiction to be traded in another jurisdiction. They usually work so well as to be virtually invisible. Not all of them, however, capture the necessary information about voting...
29 March 2019
4th Edition ASX Corporate Governance Principles and Recommendations
The ASX Corporate Governance Council has released the final version of the 4 th Edition Corporate Governance Principles and Recommendations. Listed entities will need to consider what steps they need to take in order to be compliant with the 4 th Edition.
28 March 2019
Cyber Security Quarterly Round-Up, March 2019
If the first quarter of 2019 is anything to go by, cyber security risk is still a high-ranking board agenda item with no sign of abating and the regulatory landscape is becoming ever more complex as we strive to respond and mitigate the risks of cyber incidents. We provide a summary of the key...