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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.
29 October 2018

A "green revolution" through blockchain

Legal experts Stéphane Brabant and Gisèle Dutheuil make the case for using digital land registry to secure land transactions in Africa
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

Singapore unveils new ‘omnibus’ Insolvency, Restructuring and Dissolution Bill

Singapore’s new Insolvency, Restructuring and Dissolution Bill (the Omnibus Bill ) was passed by parliament on 1 October 2018 and is expected to come into force later this year or in early 2019.
24 October 2018

Australian Public M&A Report 2018

Herbert Smith Freehills is pleased to announce the publication of the tenth edition of the Australian Public Mergers and Acquisitions Report.
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 [2018] 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...
18 October 2018

Preparing Australia: Connected and Autonomous Vehicles

"The advent of connected and autonomous vehicles is without a doubt one of the greatest changes in the history of mankind." New South Wales Minister for Transport, Andrew Constance
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-...