17 March 2020
COVID-19: Potential legal impact (Spain)
In recent days, different measures have been adopted to counter the exceptional situation generated in Spain by COVID-19, including Royal Decree 436/2020, of 14 March, which declares the state of emergency to tackle the health emergency caused by COVID-19 (" RD 463/2020 "). The situation is highly...
28 February 2020
2019 Australian IPO Review: REIT IPOs – The answer for you?
Australian real estate continues to attract substantial investment, both from domestic and offshore players, with the predominant structure for commercial property ownership being real estate investment trusts (both listed and unlisted). Recent experience demonstrates that REIT IPOs continue to be...
30 January 2020
Leasing of Real Estate in the DIFC
We are pleased to issue this update in respect of two important legal developments regarding leasing of real estate in the DIFC. First, DIFC Leasing Law No.1 of 2020 sets out a new framework for owners and occupiers who are leasing real estate in the financial centre. Secondly, the DIFC Courts have...
25 June 2019
The view from Brussels - Can the Backstop be Renegotiated?
Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in particular the Protocol on Ireland/Northern Ireland. Meanwhile in Brussels, the EU-27 (meeting in Euro summit format) has just reiterated, again,...
18 December 2018
What use are “entire agreement” clauses on claims for pre-contractual misleading or deceptive conduct?
The High Court of England has recently affirmed 1 that an “entire agreement” clause does not exclude liability for misrepresentation. This article considers whether the law is the same in Australia and, if so, what is the point of an entire agreement clause?
12 November 2018
The Sale of Land Act is set to change – here’s what you need to know
The Victorian Parliament has recently introduced a new bill which plans to restrict the use of sunset clauses in residential off the plan contracts, prohibit certain rent-to-buy agreements and terms contracts and altering the offence provisions for vendor disclosure obligations. If passed, the Bill...
12 November 2018
Real Estate: what developers need to know about the rising trend of short stay accommodation
The Victorian Parliament recently passed legislation to regulate short-term accommodation arrangements in apartments that are governed by owners corporations. The legislation will come into effect in February 2019. In summary, the legislation now gives power to the owners corporations and affected...
26 September 2018
Private equity real estate: the new trend for real estate investment in France
The French Private Equity and Real Estate ("PERE") market is becoming increasingly more sophisticated. For years the PERE market centred on the US and the UK, while in France, indirect investment was seen as a mainly opportunistic strategy restricted to non-French investors. Now US investment funds...
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.
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...
4th February 2020
CEO Mark Rigotti talks to business journalist James Ashton about his experience leading the firm.
01 October 2021
New pensions criminal offences and regulatory sanctions now in force
From today, directors, lenders, investors and other parties to corporate activity which may jeopardise the interests of a defined benefit (DB) pension scheme face the spectre of criminal prosecution. The new pensions criminal offences and other regulatory sanctions which come into force today are...
30 September 2021
GAR Live: Energy Disputes 2021
The annual GAR Live: Energy Disputes conference is taking place in London this year, where experts from across the country and throughout Europe will join together for a hybrid event. The energy industry is currently in the midst of a pivotal shift with a growing demand for renewable sources. This...
30 September 2021
TMA submissions on Australian creditors’ scheme of arrangement consultation
On 2 August 2021, the Treasury released a consultation paper seeking feedback on changes to improve creditors’ schemes of arrangement in Australia (the Consultation Paper ). The submissions process has now closed.
30 September 2021
ASIC’s views on stub equity: one year into new rules
One year after adopting new rules for stub equity scrip consideration in takeovers and schemes, ASIC has emphasised its view that target directors and experts should be including a recommendation or opinion on stub equity scrip consideration or giving reasons why no opinion is provided.
29 September 2021
Pensions Regulator issues final policy on enforcing pensions criminal offences
The Pensions Regulator has today published its final policy on investigating and prosecuting the new pensions criminal offences of causing a material detriment to a defined benefit ( DB ) pension scheme and avoiding an employer debt, which come into force on 1 October 2021. Following criticism that...
22 September 2021
UPC: Jurisdiction and "opt-out"
Once the Unified Patent Court (UPC) comes into effect, and after the transitional period of 7 years (at least), the court system will have exclusive jurisdiction over UPs and all EPs designated to participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC...
17 September 2021
The Unified patent court and unitary patent – Introduction
A new patent right and patent enforcement system is coming for patent protection in the Europe which the new court's Preparatory Committee states is likely to start mid-2022. There are two main elements: A Unified Patent Court ( UPC ) which will have jurisdiction over all European patents (current...
15 September 2021
GAR The Guide to Advocacy - Edition 5 - Cultural Considerations: United States
Amal Bouchenaki, Partner in Herbert Smith Freehills’ New York office, has contributed to the Fifth Edition of Global Arbitration Review’s “The Guide to Advocacy” with a chapter entitled “Cultural Considerations in Advocacy: United States”.