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05 September 2018

Personalised Health and The Future of Pharma

Growing social and political pressures combined with disruptive technologies and scientific innovation are changing the way pharma companies do business.
04 September 2018

Brexit 'The View From Brussels' – Developments in September

This issue of 'The View from Brussels' focuses on the relevance of WTO arguments in the negotiations. The UK has so far not deployed any serious arguments based on the obligations and constraints faced by the EU as a member of the WTO, either through lack of familiarity with WTO rules or fear that...
03 September 2018

Modern slavery reporting is coming – you won’t escape the net

Companies (and certain other entities) which meet required revenue and activity thresholds may be required to report on modern slavery risks within both their operations and their supply chains under the Federal Government’s proposed Modern Slavery Bill ( Federal Bill ) or the New South Wales’...
31 August 2018

Voting intention statements: ASIC’s suspicion boils over

ASIC has recently reminded market participants of its general suspicion of voting intention statements in schemes of arrangement. In the two schemes of arrangement considered in this article, ASIC required the votes of the person making the voting intention statement to be tagged. We suggest the...
31 August 2018

The significant consequences of crossing the line as a major shareholder – Realm Resources

The Takeovers Panel has released the reasons for its decision in Realm Resources Limited , 1 in which the Panel made a declaration of unacceptable circumstances in relation to an off-market takeover bid made by T2 (an 85% shareholder) for 100% of the ordinary shares in Realm. The case considers the...
30 August 2018

Corporate Crime Update, Summer 2018

Welcome to the summer 2018 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters over July and August.
29 August 2018

African nations must resist siren song of resource nationalism

Countries that shun populist moves appear more attractive as commodity prices fall
29 August 2018

Overcoming reluctance to arbitrate in the TMT sector

Drawing on two surveys on the use of arbitration in technology, media and telecoms disputes, Susan Field, a senior associate and solicitor advocate at Herbert Smith Freehills in London, considers whether parties in the TMT sector are moving away from their traditional reluctance to use...
29 August 2018

Herbert Smith Freehills, Data61 and IBM create consortium to deliver smart legal contracts on blockchain to Australian businesses

The Australian National Blockchain will help create a new technology platform to securely and transparently manage legal agreements. Herbert Smith Freehills, CSIRO’s Data61, and IBM have formed a consortium to build Australia’s first cross-industry, large-scale, digital platform to enable...
28 August 2018

The rise of the crypto hedge fund: opportunities and challenges

The extraordinary returns generated by cryptocurrencies have led to a frenzy of investment activity and interest from investors. Several new crypto hedge funds have emerged, and cryptocurrency is fast establishing itself as a mainstream asset class.
28 August 2018

THE DEMOCRATIC REPUBLIC OF CONGO’S NEW PRICING FREEDOM AND COMPETITION ACT

On 9 July 2018, the Democratic Republic of Congo (“ DRC ”) joined the group of African countries that have recently established modern domestic competition law regimes, after President Joseph Kabila signed into law the Organic Law no. 18/020 on Pricing Freedom and Competition (the “ Competition Act...
24 August 2018

The cost of ambiguity in dispute resolution clauses

The Supreme Court of South Australia has recently dismissed an application for a permanent stay of proceedings on the ground that the parties were not subject to a binding agreement to arbitrate. 1
24 August 2018

Uncertainty has a price, and the DRC needs to stop paying it

News broke last week that former President Thabo Mbeki had been appointed by President Ramaphosa as South Africa’s special envoy to the Democratic Republic of Congo (DRC). His intended task was to help resolve any issues President Joseph Kabila, or those standing for election, might have before the...
22 August 2018

How to crack a NEG – with a Big Stick

Energy regulatory policy in Australia, particularly anything associated with the reduction of carbon emissions, has been a deeply political and tragic landscape for the past 10 years. It has just suffered another set-back.
21 August 2018

UPC latest news

Bulgaria ratifies the Protocol on Provisional Application of the UPC Agreement but delays still in store for the UPC