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31 January 2020

Control effects of underwritten rights issues: Takeovers Panel’s declaration of unacceptable circumstances in relation to ERA

The Takeovers Panel ( Panel ) has, on review, affirmed the initial Panel’s declaration of unacceptable circumstances in relation to the affairs of Energy Resources of Australia Limited ( ERA ).
31 January 2020

Policy making through the back door – Spotting issues and challenging Brexit-related SIs

With the European Union (Withdrawal Agreement) Act 2020 ( the Withdrawal Agreement Act ) now formally on the statute books, Britain is set to exit the EU at the end of January. Exit day, however, only marks the next step in the Brexit process. The UK will enter into a transition period until 31...
30 January 2020

Unfolding privacy class actions in Australia

Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and difficulties in quantifying loss. Despite the challenges, on 9 December 2019, the Supreme Court of NSW in Evans v Health Administration...
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...
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...
29 January 2020

Corporate Debt and Treasury Research 2020

Herbert Smith Freehills (HSF) and the Association of Corporate Treasurers (ACT) are proud to be collaborating again on the 7th Annual - UK Corporate Debt and Treasury Report .
29 January 2020

Protecting your company’s critical resource: Is your company PDPA ready?

Data has been labeled the world’s most valuable resource in our current digital economy. It is the lifeblood of many companies, especially those in the technology, media and telecommunications sector where data is often used to predict, analyse and respond to consumers’ behaviours, patterns and...
29 January 2020

Court of Appeal ruling in Ping confirms that online sales ban amounts to serious infringement of competition rules

On 21 January 2020 the Court of Appeal confirmed that the online sales restriction imposed by golf manufacturer Ping on its approved retailers under its internet sales policy (ISP) was a restriction of competition ‘by object’, the most serious type of competition law infringement that does not...
29 January 2020

CJEU Decision in SkyKick offers relief to trade mark owners

The CJEU has today handed down a crucial decision as it seeks to provide clarification on important questions about the extent of the monopoly businesses can obtain legitimately through the registration of a trade mark
28 January 2020

DIFC Employment Law Update: New DEWS Scheme replaces ESG from 1 February 2020 – 10 key features every employer needs to know

As we previously reported, the new DIFC Employment Law, Law No. 2 of 2019, came into effect on 28 August 2019 (click here to read our employment e-bulletin on 16 key changes introduced by the new law). Also as previously reported ( here ), following a period of consultation, the statutory end of...
28 January 2020

The View from Brussels: Some critical issues for the future trade relationship

The European Commission has started a debate with the Member States on the shape of the Union's future trade relationship with the UK and has made its views public in a series of slides . The UK Government has so far not set out its position in anything like the same detail but has indicated a...
27 January 2020

Construction Arbitration Podcast

Complex construction projects commonly give rise to disputes, which are often referred to arbitration. But what makes a construction arbitration different from any other type of commercial arbitration?
24 January 2020

Financial Accountability Regime to introduce obligations on RSE licensees and insurers

Reforms proposed by the Government this week will impose significant obligations on registrable superannuation entity licensees and insurers. These reforms will also have implications for banks that are already subject to the Banking Executive Accountability Regime ( BEAR ).
22 January 2020

Moscow Corporate Crime and Investigations Newsletter - January 2020

This newsletter summarises recent developments in Russian regulations, enforcement and court practice which may be relevant for doing business in Russia, from a corporate crime and investigations perspective. Additionally, this newsletter identifies some developments in the US and other relevant...
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...