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30 April 2021

German Government Introduces Significant Amendment of FDI Rules

Germany is continuing to tighten and develop its FDI regime: After various legislative actions in the course of 2020, the German Federal Government agreed on significant amendments of the existing FDI rules which will enter into force with its publication in the Federal Gazette ( Bundesanzeiger ).
30 April 2021

UK National Security and Investment Act 2020 granted Royal Assent: what do investors need to know?

On 29 April 2021 the UK National Security and Investment (NSI) Bill received Royal Assent. The NSI Act 2021 introduces significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of tightening of foreign...
30 April 2021

INTRODUCING OUR NEWEST AUSTRALIAN CORPORATE PARTNERS: NEENA AYNSLEY AND TIMOTHY STUTT

30 April 2021

‘GO SHOP’ PROVISIONS: THE EXCEPTION OR THE NEW MAINSTREAM?

A ‘go shop’ provision has recently been used to secure a superior proposal for a target company. That in turn led to another bidder emerging. We examine the use of ‘go shops’ in our market and whether they will become more common in the future.
29 April 2021

Scottish independence: implications for the North Sea oil and gas sector

The North Sea oil and gas industry has played a key role in Scotland’s economy since the 1970s. While annual oil production peaked in 1999 and North Sea tax revenues have fallen considerably in the last five years, Scotland's oil and gas industry, including related services, is still of great...
29 April 2021

Scottish Independence: implications for financial services

Scottish independence from the United Kingdom is the over-riding policy imperative of the Scottish National Party (SNP). There are many hurdles to achieving this goal, but with the polls indicating a likely majority in the Scottish elections for the SNP (or for the SNP together with like-minded...
29 April 2021

Scottish independence: implications for Great Britain’s single energy market, renewables and net zero

The prospect of a second independence referendum, like the first in 2014 (see our Routes and obstacles to a second Scottish independence referendum briefing), raises a number of issues for Great Britain’s single integrated energy markets for electricity and gas. This briefing takes an initial look...
28 April 2021

Key learnings from ACCC v Google (No 2) for disclosing data practices

The Federal Court has handed down its decision in Australian Competition and Consumer Commission v Google LLC (No 2) [2021] FCA 367. The decision is important as it shows the continued acceptance by the Federal Court of expert evidence in the field of behavioural economics as a foundation for...
28 April 2021

Biannual Banking Litigation Update (Spring 2021)

The Spring 2021 edition of our biannual Banking Litigation Update highlights a number of the most important cases and developments affecting UK financial institutions over the past six months. DOWNLOAD THE UPDATE
26 April 2021

Regulator guidance the latest development in countdown to Australia’s breach reporting reforms

In December last year we wrote of the sweeping changes to Australia’s breach reporting regime that had been passed into legislation by Federal Parliament and would have significant implications for Australian financial services and credit licensees ( AFS Licensees and Credit Licensees respectively).
26 April 2021

Intermediated securities in a securities class action context

Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on intermediated securities in a securities class action context.
22 April 2021

Scottish Independence: The International Law Implications

The prospect of an independent Scotland raises a number of significant questions as to the impact on the rights and obligations of both Scotland and the rest of the UK ( rUK ) under international law. This short article highlights some of the key international law implications of Scottish...
22 April 2021

Scottish independence and currency: choices, issues and implications

During the 2014 referendum, an independent Scotland’s approach to currency was one of the most hotly contested issues. That partly reflects currency’s role, like flags, as emblems of national identity and continuity. More fundamentally though, different currency regimes have profound implications...
22 April 2021

Scottish Independence: Contracts and other obligations

What will be the effect on our contracts? As with the prospects for and then the reality of Brexit, the prospect of an independent Scotland raises questions for business about contracts and other obligations. This briefing outlines a number of relevant implications of independence and the relevant...
22 April 2021

Scottish independence and EU membership: process and implications

In 2016, shortly prior to the UK’s referendum on EU membership, the Scottish National Party ( SNP ) manifesto argued that “significant and material changes in circumstances that prevailed in 2014” would justify a second Scottish independence referendum and that “Scotland being taken out of the EU...