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Class action risk 2022
Insight

Class action risk is changing. While filings remain high, consumer claims now dominate and, for the first time in over a decade, the banking sector is not the biggest target.  ...

The era of responsibility – top ESG trends for 2022
Insight 15 Feb 2022

Environmental, Social and Governance issues continue to create a paradigm shift in the way businesses are run.2022 looks to be another big year in the space, with those slow to adapt getting left behind. We break down key ESG trends to watch for in 2022. ...

Linklaters Insights: Anti-bribery and corruption law and enforcement across the globe
Insight 06 Dec 2021

An understanding of 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 today’s international businesses. ...

A tale of two OAIC investigations – privacy implications for the use of facial recognition technology
Insight 23 Nov 2021

Determinations issued by the Office of the Australian Information Commissioner (OAIC) following two recent investigations against 7-Eleven and Clearview AI, reinforce a global trend of growing regulatory scrutiny of the use of facial recognition technology by private sector organisations, and follows Facebook's recent decision to shut down its facial recognition system. ...

The growing importance of ESG due diligence
Insight 16 Nov 2021

Environmental, social and governance (ESG) issues are a major focus of many companies, their stakeholders and regulators. Companies are exploring how to embrace the opportunities that may arise from a well-executed ESG strategy and navigate the risks that ESG issues present, particularly in a period of evolving laws and standards, stakeholder expectations and shareholder activism. ...

Privacy Act reforms: a new Online Privacy Code
Insight 08 Nov 2021

In late October, the Attorney-General's Department released a long-awaited Exposure Draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill (Online Privacy Bill) to amend the Privacy Act 1988 (Privacy Act). ...

Captive to no one: Australian Government releases its Ransomware Action Plan
Insight 18 Oct 2021

The Department for Home Affairs has released the Australian Government's Ransomware Action Plan (the Plan). This development forms part of the Government's Cyber Strategy and is the latest in a series of actions taken by the Government to combat the escalating threat of ransomware and extortion. ...

High Court defamation decision means businesses could be responsible for comments posted on their social media pages
Insight 15 Sep 2021

In proceedings relating to alleged defamation of Dylan Voller, the High Court has confirmed that the administrators of public social media pages are 'publishers' of comments posted by third parties and members of the public on their page, for the purposes of defamation law. ...

The ESG remedy ecosystem – working backwards from an OECD National Contact Point complaint
Insight 16 Aug 2021

A global increase in complaints under the OECD Guidelines for Multinational Enterprises (OECD Guidelines) to state-based National Contact Points (NCPs) shows that the OECD Guidelines are an established part of the toolkit for NGOs and civil society groups seeking to influence corporate behaviour and ...

Federal Court decision highlights it's vital to get incentives right and have strong governance systems
Insight 09 Jul 2021

The recent Federal Court decision ACCC v Telstra [2021] FCA 502 highlights an emerging risk area for boards and senior management in the use of incentive-based remuneration and sales targets for consumer-facing businesses ...

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