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Recent Articles

10 May 2019

Australian M&A Podcast: Episodes 1-12 now available

On the new Herbert Smith Freehills Podcast channel, our experts discuss mergers and acquisitions issues in Australia.
10 May 2019

Data Assets: Protecting and Driving Value in a Digital Age

In our latest briefing we explore the key legal considerations for organisations looking to develop or refine a data commercialisation strategy.
09 May 2019

“All is fair in love and war” – but what about in industrial relations?

It was once said (and many times repeated) that “[t]he adage ‘‘all is fair in love and war’’ is… as much applicable to industrial warfare as to any other type.” In other words, industrial relations is (or at least has traditionally been) a battle ground where parties have been largely free to...
09 May 2019

High Court rules on arbitration clauses

In an important and clarifying decision, the High Court of Australia has handed down its decision in Rinehart & Anor v Hancock Prospecting Pty Ltd & Ors . 1
08 May 2019

Industrial Relations Law Reform Agenda

Having difficulty cutting across the campaigning to focus on the actual policies of each party? Herbert Smith Freehills have prepared and continually updated a broad summary of the proposed industrial relations reforms publicly announced by the Liberal Party and the Australian Labor Party ( ALP ).
08 May 2019

CEO Mark Rigotti discusses the future of the legal sector in PwC's Business Leaders in Conversation podcast series

07 May 2019

Middle East - New Guidelines released to update and expand the Tawazun Economic Program - May 2019

The Tawazun Economic Council (" TEC "), founded in 1992 and originally mandated to be a prime enabler for the Defense and Security sector in the UAE, albeit with a strong focus on economic development, established the offset program known as Tawazun Economic Program (" TEP "). Off the back of its...
07 May 2019

London International Disputes Week 2019

Herbert Smith Freehills is delighted to be supporting the inaugural London International Disputes Week (LIDW), which takes place between 7 and 10 May 2019.
06 May 2019

The Australian Domestic Gas Market - A Tale of Two Coasts

The Australian Energy Market Operator’s ( AEMO ) December 2018 Western Australian Gas Statement of Opportunities and the March 2019 Gas Statement of Opportunities for Eastern and South-Eastern Australia provides a stark comparison between either side of the country. While it might be easy to point...
03 May 2019

After the Election: changes to safety right of entry?

The paucity of detail on the ALP’s law reform agenda in respect of right of entry could mean one of two things. No significant reform is planned, or details of proposed reforms will not be released until after the election. We expect the latter is more likely.
02 May 2019

Gathering Momentum: Mining projects in Latin America

Juan-José Zentner and Michael D’Agostino, Herbert Smith Freehills, USA, discuss the outlook for mining projects in Latin America, and identify emerging themes, new players and key challenges facing the sector in 2019.
01 May 2019

Australian Foreign Investment Review 2019

In this edition of the Australian Foreign Investment Review , we focus on the key takeaways from FIRB’s 2017-18 Annual Report, new legislation relating to foreign investment, highlight some key issues for investors looking at data intensive sectors and the financial services sector and look forward...
01 May 2019

Renewed regulatory attention on competition in financial services and syndicated lending

Competition and anti-competitive behaviour in financial services is a continuing focus of the Australian Competition and Consumer Commission ( ACCC ) and competition regulators worldwide.
30 April 2019

Clearer guidance on the way: The Takeovers Panel seeks submissions on Equity Derivatives Guidance Note

The Takeovers Panel has recently released a consultation paper on a draft revised Guidance Note on equity derivatives ( GN 20 ), which proposes a number of important changes to the public disclosure of equity derivative positions. Significantly, the changes are of general application and will apply...
30 April 2019

Review of takeover defence tactics

Annually we review unsolicited approaches and hostile takeover bids to identify emerging trends and tactics for both target Boards and bidders. The findings of the 2018 analysis are set out in this article, and come against a backdrop of an increase in unsolicited bids for large value targets, such...