18 February 2020
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
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...
06 February 2020
Australian privacy law reform and review announced
On 12 December 2019, the Australian Government announced its response to the Australian Competition & Consumer Commission’s ( ACCC ) Digital Platform Inquiry. Despite the Inquiry’s name, only 1 of the 11 recommendations in the report about data practices is targeted at digital platforms.
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...
20 December 2019
New electricity network investments – there has to be a better way
For many years, electricity generators and retail business attracted much more attention than networks. That is changing as a bow wave of new network investment is demanded by the transition of the power system from large, baseload thermal plant providing strong system stability support to widely...
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...
25 October 2019
Infrastructure initiatives in Southeast Asia: construction challenges and opportunities
Seoul Head of Disputes, Mike McClure , recently spoke at the 2019 Annual Conference of the International Bar Association in Seoul during a session on the initiatives that Asian countries have launched in order to build, finance and operate infrastructure in the region and in other parts of the...
24 October 2019
ACT Renewable Energy Reverse Auction
Following on from the four reverse auctions held between 2012 to 2016, the ACT Government has announced a new renewable energy reverse auction (the Reverse Auction ) to “safeguard the delivery of sourcing 100% renewable electricity by 2020 from within the ACT or across the National Electricity...
09 October 2019
A leadership role for super funds in solving Australia’s energy trilemma?
On 29 June 2019, Industry Super Australia ( ISA ) released its Modernising Electricity Sectors Discussion Paper (the Paper ) 1 which seeks to assist super funds in understanding and navigating the regulatory uncertainty in investing in the Australian electricity sector. More specifically, it aims “...
02 July 2020
Woolworths spam receives unwelcome attention
The Australian Communications and Media Authority ( ACMA ) reported on the 2 July that Woolworths Group Limited has paid a million-dollar infringement notice and agreed to a court-enforceable undertaking in response to breaches of spam laws. The infringement notice for $1,003,800 is the largest...
02 July 2020
Pressure points: Trustees beware – Changes to UK insolvency regime are now in force (UK)
The Corporate Insolvency and Governance Act 2020 received Royal Assent and is now in force. The Act contains the most far-reaching reforms to UK insolvency law in over 30 years. The Act has been introduced on an emergency basis in an attempt to ensure that otherwise financially viable companies...
02 July 2020
Foreign Investment: Rising Tides of Politics in Regulation - Updated Report
We are delighted to share with you our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation, which reflects a swathe of recent changes to Foreign Direct Investment ( FDI ) regimes around the world against the backdrop of the Covid-19 pandemic.
01 July 2020
People: Job Retention Scheme and Pensions (UK)
The Coronavirus Job Retention Scheme ("CJRS"), opened for claims on 20 April. Originally due to end on 31 May, then 30 June, the Chancellor announced on 12 May that it will remain in place and available to all sectors through to the end of October 2020. New rules, which will apply from 1 July 2020...
01 July 2020
Pressure Points: Corporate real estate: a post-Covid-19 perspective (UK)
Revival signs in real estate M&A The Covid-19 pandemic caused a noticeable slowdown in real estate M&A activity. Despite this, there are early signs in the market of a bounce back. Opportunistic/strategic deals are still completing and many investors have capital reserves ready to be...
30 June 2020
REACTIVACIÓN: Análisis del Real Decreto Ley 23/2020, de 23 de junio: su impacto en renovables (España)
El 24 de junio se publicó en el Boletín Oficial del Estado, el Real Decreto-Ley 23/2020, de 23 de junio, por el que se aprueban medidas en materia de energía y en otros ámbitos para la reactivación económica (“RDL 23/2020”). Este Real Decreto-Ley entró en vigor el 25 de junio de 2020, si bien debe...
30 June 2020
Saving millions of shareholder dollars and forests of trees is easier than you think
How often do those of us in M&A and in-house legal and company secretariat teams have an opportunity to save trees and millions of shareholder dollars? The recent temporary changes to the Corporations Act in response to the challenges posed by COVID-19 facilitate this by allowing notices of...
29 June 2020
COVID-19: Pressure Points: The Global Impact on the Mining Industry
The COVID-19 pandemic is an unprecedented humanitarian and economic crisis. The mining industry has sought to respond quickly to protect the health of its employees and its communities. These steps are in response to (and often ahead of) emergency measures and lockdowns implemented by governments...
29 June 2020
Governance: An Overview of E-signatures and Electronic Legal Transactions (Germany)
In light of the restrictions on contact necessitated by the Covid-19 pandemic, the possibility of conducting legal transactions electronically has become a central issue. Corresponding questions which investors should consider when doing transactions in the German market are inter alia whether...
26 June 2020
Pressure Points: Summary of Key Support And Guidance for Charities and Social Enterprises (UK)
This note sets out a high-level summary of key announcements regarding funding, support, and guidance available for social enterprises and charities as of 26 June 2020. Please note that changes and announcements are made regularly; updates should be monitored on an ongoing basis.
26 June 2020
JD Sports appeals CMA prohibition decision citing impact of Covid-19 as a key consideration
JD Sports has filed an appeal with the Competition Appeal Tribunal (CAT) against the decision by the CMA to prohibit its acquisition of rival retailer Footasylum, with the appropriate treatment of Covid-19 a key area of dispute between the parties and the CMA.
25 June 2020
People: Industrial relations reform in 2020? Here we go again... (Australia)
It is ironic that on 26 May, almost precisely one year after the 2019 Federal Election, the PM made important announcements about Australia’s industrial relations ( IR ) system. The irony of course arises from the quite radical IR proposals which were taken to the election by the Australian Labor...
25 June 2020
Views on an evolving automotive industry: Responding to competition law challenges
The automotive industry is unquestionably evolving at considerable pace whether through advances in connectivity and autonomy in vehicles, developments in the way that consumers access and use vehicles or changes driven by the 'electric revolution' and the unprecedented industry disruption caused...