331-340 of 345 results
What courts and regulators expect from corporate compliance
The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...
The new Hague Rules on Business and Human Rights Arbitration – effective remedy or strange chimera?
The recently launched Hague Rules on Business and Human Rights Arbitration are an innovative framework for the resolution of business and human rights disputes through international arbitration. We look at how they operate and why companies might elect to arbitrate under the new regime. ...
COVID-19 and continuous disclosure: how you get ready
It is critical that listed entities understand how COVID-19 is likely to impact their businesses and are prepared to make necessary disclosures to the ASX. To date, the majority of ASX-listed entities have not made any disclosure in relation to COVID-19. In this update we have set out a number of scenarios that should be considered by listed clients as part of the proper and ongoing assessment of the need for disclosure under the ASX Listing Rules. ...
A 'high risk' jurisdiction: climate change and directors' duties
Australian law requires certain standards of conduct of company directors, including that directors act in the best interests of the company and exercise care and diligence in performing their role. ...
Increasing climate litigation and shareholder action expected
There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...
OAIC's landmark case against Facebook to have major implications on Privacy Act
As Privacy Awareness Week this year called for individuals to #rebootyourprivacy and debate continues over the privacy protections for the COVIDSafe application, another step has been taken in the Australian Information Commissioner's (Commissioner) landmark case against Facebook, Inc and Facebook Ireland Ltd (together, Facebook) which will have major implications for the Privacy Act 1988 (Cth) (Privacy Act) and digital businesses operating from offshore entities. ...
State of trade: COVID-19's impacts on trade regulation and supply chain risks
The COVID-19 pandemic has impacted many aspects of international commerce, and will continue do so for some time. In this Insight, we discuss three critical trade-related impacts of the pandemic on Australian businesses. ...
Long overdue – how the new continuous disclosure and litigation funder regulation measures seek to curb entrepreneurial class actions
In recent days, the economic uncertainty created by the COVID-19 pandemic has proved the catalyst for the introduction of two long-debated changes to Australia's class action and continuous disclosure regimes. ...
Linklaters Insights: Anti-bribery and corruption law and enforcement across the globe
Understanding the global reach of anti-bribery and corruption regulation as well as the application of it within a specific jurisdiction is key to managing risk for international businesses Our global alliance partner with input from Allens examines 24 jurisdictions across the Asia-Pacific Europe ...
Linklaters Insights: UK - At a glance: governance and risk December 2019/January 2020
This latest guide looks at developments at the end of last year and the beginning of 2020. It covers: Brexit and the transition, final-form recommendations for audit and auditor reform, new stewardship obligations for investors, tougher new anti-money laundering rules, FRC guidance for this year's annual reports and Section 172 statements, the extension of the FCA's Senior Manager regime, market abuse, ESG and climate, private equity reporting, transparency of ownership of UK real estate and late payment. ...