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Legal Briefings | 16 February 2017

Brexit: Pensions

Legal Briefings | 16 February 2017

Brexit: Disputes

As parties assess changes in the legal, economic and regulatory landscape caused by the UK exit, and the costs and other implications on their contractual relationships, they are more likely to consider the scope for avoiding contractual obligations, such as seeking to rely on a force majeure...
Legal Briefings | 16 February 2017

Brexit: Employment

The UK vote to leave the EU will lead to considerable uncertainty in the long term from an employment law perspective, because key areas of employment law are derived from EU legislation and so might fall away automatically, be abolished or be amended. It seems very likely, however, that they will...
Legal Briefings | 16 February 2017

Brexit: Energy regulation

The precise impact of the result of the referendum on the energy sector is unclear at this stage. This is mainly due to the fact that there is a wide range of possible outcomes from post-Brexit negotiations, leading to a number of regulatory and market options for the UK’s relationship with the EU.
Legal Briefings | 16 February 2017

Brexit: Environment

At least 50% of UK environmental law derives from the EU. It has driven improvements in environmental standards and some sectors welcome a degree of cross-EU regulation and its ability to establish a level playing field amongst competitors in the EU market. It is also an enabler of the EU clean...
Legal Briefings | 16 February 2017

Brexit: Financial services

The UK exit from the EU is likely to have a significant impact on the financial services sector in the UK. The nature and extent of that impact will depend on the model of EU-UK co-operation adopted as an alternative to EU membership and the nature of the UK’s access to EU markets after the UK’s...
Legal Briefings | 16 February 2017

Brexit: Intellectual Property

Whatever future relationship the UK has with the rest of the EU, the effect of the Great Repeal Bill, once enacted, will mean that any existing intellectual property law having effect in the UK will continue to apply as it did post-Brexit, although it will be for the UK Government to adapt or amend...
Legal Briefings | 16 February 2017

Federal Court waxes Lyrica(l) on PBS listing and patent infringement

In a decision handed down yesterday (15 February 2017), the Australian Federal Court held that applying for Pharmaceutical Benefits Scheme listing does not exploit a patent.
Legal Briefings | 16 February 2017

Brexit: Financing and Security

The precise impact of Brexit on financing transactions still remains unclear at this stage. The principal issues in focus arise in connection with (i) market volatility; (ii) the effects on English contract law and dispute resolution more generally (which are relatively few); and (iii) the impact...
Legal Briefings | 16 February 2017

Brexit: Migration

There are estimated to be over two million EU nationals currently working in the UK, accounting for around 7% of the workforce, with over one million UK citizens living and working in other EU countries. The ease with which EU citizens can come to live and work in the UK, and vice versa, is...
Legal Briefings | 16 February 2017

Brexit: Real Estate

The real estate sector includes a diverse community of business interests which may be affected in many different ways by the UK exit from the EU.
Legal Briefings | 16 February 2017

Brexit: Restructuring and Insolvency

Issues will arise upon a UK exit in relation to restructuring tools such as schemes of arrangement and in relation to insolvency processes; there are also special EU insolvency rules for financial institutions which will be affected. Finally there are elements of EU financial services laws which...
Legal Briefings | 14 February 2017

Financial advisers to go back to school as part of industry reform

New financial advisers will be required to hold a relevant degree, and all advisers will need to pass an exam and follow a Code of Ethics as part of the industry reform that aims to improve the professional, ethical and educational standards of financial advisers.
Guides | 14 February 2017

From Floating to Surfing: The 2016 Australian IPO Review

Herbert Smith Freehills is pleased to announce the publication of its inaugural Australian IPO Review.
Legal Briefings | 13 February 2017

New mandatory data breach reporting law passed

The Federal Government has today passed the Privacy Amendment (Notifiable Data Breaches) Act 2016 to amend the Privacy Act 1988 to include mandatory notification of eligible data breaches.