11 May 2018
Court of Appeal upholds policyholder’s right to recover costs of ‘voluntary’ remediation works
The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of ‘voluntarily’ remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the...
03 May 2018
Latest developments of the mining industry in Latin America
In view of the rise in commodity prices, especially metals, mining activity in South America has increased in 2017 compared to the last few years. Expectations are that 2018 will build on last year's positive trend. In this article we give a snapshot of the main Latin America mining markets,...
03 May 2018
South African mining outlook for 2018: Environmental and climate change resilience
The South African government has committed to reducing greenhouse gas ( GHG ) emissions to meet its nationally-determined contribution commitments in accordance with the Paris Agreement. In order to achieve these objectives, the South African government needs to implement regulatory and other...
03 May 2018
Protecting against wrongful state actions: structuring investments to allow a real possibility of recourse
Mining companies are no strangers to risky environments and threats of political upheaval. In an era of growing resource nationalism and increased environmental and populist activism, these risks are augmented – particularly in jurisdictions where governmental stability is uncertain.
03 May 2018
Exit by minority participants
As a result of the recent full or partial exits by a number of major mining companies from the Australian coal industry, a number of minority participants have also considered how the sell part or all of their interest. The recent experiences of these minority participants has highlighted the key...
19 April 2018
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal 1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered in the context of the other bases on which the policyholder may have been liable in any event, and (2) disclosure of some relevant but general...
13 April 2018
Senate backs further foreign bribery reform: Senate Committee hands down report on Australia's Anti-Bribery regime
The long-awaited Senate Economics References Committee report into foreign bribery was released on 27 March 2018. The report recommends ways in which Australia’s foreign bribery framework can be strengthened.
09 March 2018
SPAIN'S NEW PUBLIC PROCUREMENT LAW ENTERS INTO FORCE
Today sees the entry into force of practically all provisions of Law 9/2017, of 8 November 2017, on Public Procurement, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, into Spanish law.
05 March 2018
The Temperature’s Rising on Corporate Crime in Australia: Expected Developments in 2018 and Implications for Business
Proposed Australian regulatory developments place a higher onus on Australian businesses to self-manage corporate crime risk, and to have in place robust systems to address ethics and compliance within their organisations.
16 February 2018
Wrongful acts do not have to be unintentional for cover to apply
The Full Federal Court has confirmed that loss resulting from a policyholder’s deliberate decision to leave a construction site was a “wrongful act” covered by a professional indemnity policy, despite the fact that it was not unintentional.
29 October 2018
Political Intervention in Global M&A: The Development of Foreign Investment Regimes and Its Impact on Cross-Border M&A
This article focuses on the increasing government foreign direct investment intervention in Western economies and compares that to Asian governments’ differing approach as they look to encourage FDI in their emerging economies.
26 October 2018
General Data Protection Regulation: first enforcement notice shows extra-territorial reach
The UK data protection regulator, the Information Commissioner’s Office (ICO), has issued its first enforcement notice under the EU’s new strict data protection law, the General Data Protection Regulation ( 679/2016/ EU) (GDPR). The notice is particularly noteworthy because it has been issued...
25 October 2018
Asia-Pacific Restructuring Review 2019
The Asia-Pacific Restructuring Review 2019 provides exclusive insight from local practitioners in 10 different Asia-Pacific jurisdictions. Herbert Smith Freehills and Hiswara Bunjamin & Tandjung authored the Australian and Indonesian chapters (respectively) for the Asia-Pacific Restructuring...
25 October 2018
ACCC’s challenge to Pfizer comes to the end of the road with the High Court
We have previously published an update on the Full Court decision in ACCC v Pfizer, where the Full Court dismissed an appeal by the ACCC, upholding a first instance decision that Pfizer had not misused its market power or engaged in prohibited anti-competitive exclusive dealing in its sales and...
24 October 2018
Coverage for 'Doomsday or Armageddon' data breach class actions
Insurance implications of the Court of Appeal's decision to confirm Morrisons' vicarious liability for employee's deliberate actions We recently updated you on the Court of Appeal's decision in Wm Morrisons Supermarkets Plc v Various Claimants  EWCA Civ 233. Click here for our full analysis...
23 October 2018
Court of Appeal confirms Morrisons vicariously liable for employee's deliberate actions in first successful UK class action for data breach
The Court of Appeal has today dismissed an appeal against the High Court's decision that Morrisons was vicariously liable for its employee’s misuse of data, despite: (i) Morrisons having done as much as it reasonably could to prevent the misuse; and (ii) the employee's intention being to cause...
22 October 2018
France adopts a confidentiality regime for the trade secrets relied upon in (patent) litigation
As part of the French Law on the Protection of Trade Secrets dated 31 July 2018 , French lawmakers have finally adopted a long-awaited array of confidentiality rules covering the trade secrets that are being relied upon in cases that come before civil and commercial courts. Such provision was a...
18 October 2018
Juliana v. United States, No. 6:15-cv-01517-AA (D. Or.)
In August 2015, the United States, then president Barack Obama, and the heads of numerous federal executive agencies were sued in a civil rights action by a group of 21 young people, non-profit organization Earth Guardians, and Dr. James Hansen as guardian for future generations. The action was...
17 October 2018
Decision of the Dutch Court of Appeal, Urgenda Foundation v Kingdom of the Netherlands - Case Summary
The Dutch Court of Appeal (the “ Court ”) has upheld the 2015 decision of the Hague District Court in the case of Urgenda Foundation v Kingdom of the Netherlands, and ruled that the State (ie the Kingdom of the Netherlands) has a duty of care under Articles 2 and 8 ECHR to its citizens to reduce...
16 October 2018
The activist’s tools and playbook
Activist shareholders have a number of tools at their disposal. The UK in particular has always provided a strong basis of shareholder rights from which to challenge management and the legal and regulatory framework in the UK is arguably the most benign framework for possible activist activities in...
15 October 2018
Australian decommissioning discussion paper released
The closure and decommissioning of offshore petroleum infrastructure is a significant issue for all countries that exercise jurisdiction over such infrastructure. The challenges to plan, execute and supervise decommissioning projects, coupled with their scale and cost, are well recognised. The re-...