Freshfields Risk & Compliance

February 26, 2021

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DB transfers – have regulators struck the right balance?

As we have discussed in previous blog posts (find them here, here, here, here and here), defined benefit (DB) pension transfers are an...

February 25, 2021

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Parent Company Liability - the UK Supreme Court clarifies approach to jurisdictional challenges

On 12 February 2021, the UK Supreme Court handed down its decision in Okpabi v Royal Dutch Shell Plc in favour of the claimants, allowing...

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Elliot Friedman Carsten Wendler David Livshiz Gregorio Pettazzi

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February 25, 2021

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Recent developments show potential options to enforce or monetise intra-EU investor-State claims

Recent developments in the US, Australia and Europe provide further comfort as to the viability of monetising intra-EU investor-State...

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Kimberly Zelnick Daniel Braun Nabeel Yousef Stephanie Brown Cripps Mark Goldberg Andrew Bulovsky

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February 25, 2021

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Nicaragua’s Law 842:A Test Case for New US Anti-Money Laundering Authorities

Earlier this month, on February 9, 2021, Nicaragua’s reforms to the “Law for the Protection of the Rights of Consumers and Users” (Law 842

February 25, 2021

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The EU Representative Actions Directive: settlement

This fourth blog post in our series examining the options open to member states when implementing the Representative Actions Directive...

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February 24, 2021

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Hampton-Alexander Review – the results are in, but where do companies go from here?

24 February was the day of the ‘big reveal’ for the Hampton-Alexander Review – the announcement of who amongst the FTSE 350 had met or...

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Christoph H. Seibt Marlen Vesper-Gräske Mina Aryobsei Marius Scherb Iris Hammerschmid

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February 22, 2021

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Legislative draft of German Human Rights Supply Chain Duty of Care Act: the new standard for corporate human rights duties?

After several months of intra-governmental discussions, a first official legislative proposal on a Human Rights Supply Chain Duty of Care...

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Holly Insley Nicola Jones

February 22, 2021

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WorkLife 2.0: attitudes towards whistleblowing and the impact of the #MeToo movement

Although it began back in 2006, it was the breaking of the Harvey Weinstein scandal in 2017 that really propelled the #MeToo movement...

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Ulrike Verboom Eleonora Di Pangrazio

February 22, 2021

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Dutch court rules on parent companies’ responsibility for overseas subsidiaries

On 29 January 2021, the Hague Court of Appeal (‘the Court’) issued a decision holding Shell’s Nigerian subsidiary liable for causing oil...

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Caroline Stroud David Mendel

February 18, 2021

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WorkLife 2.0: the likely increase of group workforce claims in 2021

The volume and significance of collective and class actions is rising throughout the world. This has been driven to date by increased...

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Ashley Jones

February 17, 2021

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International arbitration: top trends in 2021

We are delighted to share the sixth edition of our annual top trends analysis: International Arbitration: top trends in 2021.

Our...

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Astrid Seehafer Andrew Austin Marcel Kaufmann

February 17, 2021

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Product liability: German court ruling sets further standards for the interpretation of defect and longstop

It is no secret that the terms used in the EU Product Liability Directive 85/374/EEC (PLD) leave a lot of room for interpretation. A...

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Holly Insley Chantelle Nicholas Jean-Francois Gerard Laura Llangozi

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February 17, 2021

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WorkLife 2.0: the developing diversity landscape

In this blog post in our series 'WorkLife 2.0: what to expect in 2021' we consider recent developments in the diversity landscape and...

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Alastair Chapman Michele Davis Andrew Austin Alex McGregor Theodore Souris Vicky Vanderstichele

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February 17, 2021

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The Penrose Review of UK competition policy – a "Power to the People" manifesto for competition and consumer law reform

The much-anticipated independent report by John Penrose MP into how UK competition policy should be reformed to meet the UK Government’s...

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Amani Khalifa Bryan Dayton Jamie Calvy Sifat Baharoon

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February 16, 2021

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Update: How to succeed with KSA construction claims in the current climate

In June 2020, we posted a blog regarding construction claims in the Kingdom of Saudi Arabia (KSA) during COVID-19 (available here).

Under...

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Martin Rehberg Philipp Redeker Magnus Bleifeld Dr. Norbert Schneider Christian Sistermann Jan Brinkmann

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February 16, 2021

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German taxation of non-German IP transactions – new decree assists some multinationals but forces others to litigate

For almost a year, there has been a fierce debate about whether Germany has the right to tax (based on a very old and formerly unenforced...

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Emmanuelle Brunelle Dimitri Lecat

February 16, 2021

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France updates guidance on Sapin II anti-corruption law

On 22 December 2017, the French anti-corruption agency (L’Agence française anticorruption or AFA) published formal guidance to help...

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Holly Insley Chantelle Nicholas Jean-Francois Gerard Laura Llangozi

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February 15, 2021

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Worklife 2.0: the hybrid workplace – challenges for employers in the year ahead

The changes that the COVID-19 pandemic imposed on the world of work, and the new hybrid workplace that is expected to emerge in 2021,...

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Dawn Heath

February 11, 2021

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UK pensions: criminal and civil sanctions to become real risks for corporate activity

Despite concerns raised from across the pensions industry, the Pension Schemes Act 2021 ('the Act') finally received Royal Assent on 11...

February 11, 2021

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The EU Representative Actions Directive: evidence

In this third blog of our series on the choices EU member states must make when implementing the Representative Actions Directive ('the...

Andrew Austin Haris Ismail

February 11, 2021

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The honeymoon’s over: CMA targets wedding firms and holiday providers over COVID cancellation and refund practices

The UK Competition and Markets Authority (CMA) has stepped up its enforcement action against wedding firms and holiday providers whose...

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Samantha Lord Hill Kiyashni Kollapen Alexia Millett

February 9, 2021

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Know your liquidated damages regimes: the latest from the Singapore Court of Appeal

Liquidated damages (LDs) or penalty regimes are where parties often come unstuck. While privity of contract enables parties to agree a...

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February 9, 2021

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Dutch court narrowly applies ECJ’s Skanska ruling: forum-shopping in cartel damages cases is not always an option

In a private enforcement case brought by four public utility companies from the Gulf states, the Amsterdam District Court (the Court)...

Rhodri Thomas Laura Feldman

February 8, 2021

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Global collaboration to combat outsourcing and third-party risks

UK Finance engages with members to address outsourcing risk

The Financial Stability Board (FSB) has recently closed a consultation on...

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February 5, 2021

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A cultural reset for trial witness evidence in (most of) the Business and Property Courts of England and Wales

In recent years, judicial criticism of ‘over-lawyered’ witness statements in the Business and Property Courts (BPCs) has been growing...

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Nikolaas Van Robbroeck Axel Haelterman

February 5, 2021

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Belgium introduces new annual tax on securities accounts

The Belgian Parliament is currently proceeding with the final discussion and the subsequent vote of a new tax on securities accounts, to...

Miriam Broucek

February 3, 2021

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European Commission intensifies work on new EU AML watchdog

Despite several adjustments of the EU anti-money laundering (AML) framework, the current regime has not been able to prevent a series of...

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Markus Benzing David Jansen Theresa Kreft

February 3, 2021

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Fund Marketing in Germany: How new legislation impacts pre-marketing and reverse solicitation

On 20 January 2021, the German government published the draft bill of an Act to strengthen Germany as an investment fund location –...

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Nigel Blackaby QC Kate Apostolova

February 2, 2021

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2020 Year-in-Review Top 5 in Investor-State Arbitration: India

India has a long and eventful history in Investor-State arbitration. In this blogpost, we review the highlights and lowlights of...

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Tom Hutchison Thembela Ndwandwe Shannon O’Neill

February 2, 2021

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Performance Guarantees – Resisting a Demand under FIDIC Contracts

In any economic downturn, there is usually an increase in the number of demands made throughout supply chains and in particular by owners...

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