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This Week In Securities Litigation

Four SEC Commissioners addressed the annual SEC Speaks Conference, reviewing recent agency initiatives and tracing potential paths for the future. The SEC also brought another FCPA action, a misappropriation case and an...more

Court Denies Motion to Dismiss a Challenge to Natural Gas Projects in the Great Barrier Reef

On Friday, February 20, a federal district court denied (pdf) a motion to dismiss, thereby breathing life into an Endangered Species Act (ESA) challenge brought against the Export-Import Bank of the United States (Bank) for...more

Health Alert (Australia) - February 23, 2015

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Reports: Australia. Department of Health - Media releases - 18 February 2015 - Action on Hepatitis A - Assistant Minister for Health...more

Will we see a trend for direct pension fund investment in US greenfields infrastructure?

Although historically the investment profile for pension funds has focused on established brownfields assets, the Canadian Pension Plan Investment Board (CPPIB) has recently invested $525 million AUD into the greenfields...more

The Financial Report -Volume 4, No. 4 • February 2015 (Global)

US Judicial Developments - Receiver can be subject to arbitration. The court-appointed receiver for hedge funds used as part of a Ponzi scheme sued the scheme’s “net winners” in an effort to claw back their gains....more

APRA releases its update on regulatory costs savings

In 2014, APRA commenced a project to find regulatory costs savings. APRA’s update report notes that ‘in undertaking the project, APRA: - has sought to identify specific, quantifiable options for regulatory cost savings...more

Record penalty against payday lender

As previously reported, on 26 August 2014, the Federal Court determined that The Cash Store Pty Ltd (in liquidation), a payday lender, and Assistive Finance Australia Pty Ltd, a loan funder, committed seven separate breaches...more

A novel question of duty – Philip Davison Sebry v Companies House and The Registrar of Companies

The Claimant, Philip Sebry, formerly Managing Director of Taylor & Sons Limited (‘Company’), brought a claim for damages for negligence and breach of statutory duty against Companies House and the Registrar of Companies...more

Joinder of defendants in apportionable claims: a question of justice

A recent Western Australian Court of Appeal case demonstrates the circumstances in which a court will join a prospective defendant in an apportionable claim. In Hart v JGC Accounting & Financial Services Pty Ltd...more

Attention Commercial Credit Providers – Deadline Looms and Uncertainty on EDR

Commercial credit providers (CCPs) may be required, by the current Australian privacy laws, to join an external dispute resolution (EDR) scheme (EDR scheme) by 12 March 2015 if they wish to continue participating in credit...more

Health Alert (Australia) - February 16, 2015

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Reports: Australia. Department of Health - Media releases - 11 February 2015 - Australian Government Continues to Work...more

Financial Services Regulation: Exchange International Newsletter - Issue 25 - February 2015

DLA Piper’s Financial Services International Regulatory team welcomes you to the twenty-fifth edition of ‘Exchange – International’ – an international newsletter designed to keep you informed of regulatory developments in the...more

Jurisdictional limits of cartel laws in Australia and the United States - ACCC v Air New Zealand and Motorola Mobility v AU...

Commerce may be increasingly global, but there remain limits on the extraterritorial application of cartel laws in individual countries. In late 2014, Courts in Australia and the United States (US) delivered judgments...more

Australian Competition Law Update For The Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. The below table summaries key competition cases in the...more

This Week In Securities Litigation

The Commission resolved its actions against the PRC based affiliates of five major accounting firms for failure to produce audit work papers. The settlement contains a series of procedures designed to facilitate production in...more

Top 10 Australian Public M&A Predictions For 2015

1. RETURN OF THE MEGA DEAL - The mega deal is back. The shift in strategic direction by companies worldwide from one of organic growth with core business focus to higher risk strategies of diversification will likely...more

Case Alert: Overseas Worker Protected By UK Employment Law

What happened? The Employment Appeal Tribunal (EAT) recently decided that an Australian citizen, working remotely from Australia for a British company, was entitled to bring unfair dismissal and whistleblowing claims...more

Health Alert (Australia) - February 9, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Western Australia (WA) - 29 January 2015 - Yoong And Medical Board Of Australia [2015] WASAT 6 - National Law -...more

Australia's Federal Court Mandates Greater Care When Offering Discounts on Energy Usage Charges

The Federal Court of Australia has found that AGL South Australia Pty Ltd (AGL) made false or misleading representations and engaged in misleading or deceptive conduct, concerning the level of discount that residential...more

Make A New Year's Resolution To Improve Your Privacy Act Compliance Or Risk A Privacy Commissioner Investigation Or Worse

It is ten months since the amendments to the Privacy Act 1988 (Cth) and the new Australian Privacy Principles (APPs) (collectively "Privacy Act") came into effect. As noted in our update The Australian Privacy Act Amendments...more

High Court to clarify proportionate liability – an update

As previously reported,special leave has been granted in the appeal of Selig & Anor v Wealthsure Pty Ltd & Ors, which presents an opportunity for the High Court to clarify the law in relation to proportionate liability. The...more

When ‘Googling’ can cause a mistrial

In the recent decision of Le v Magistrate Barbara Lane [2014] WASC 494, the Supreme Court of Western Australia was called upon to consider whether to prohibit a magistrate from continuing to hear a trial on the basis she had...more

The Financial Ombudsman Service (FOS) determination – what amounts to a failure to take ‘reasonable precautions’?

The FOS has released its first edition of The Circular for 2015. Of notable interest was a key determination affirming that general policy exclusions for failing to take reasonable precautions do not apply to negligence....more

AUSTRALIA: “Sport & Climate Impacts: How Much Heat Can Sport Handle?” – Report by The Climate Institute

The Climate Institute have published “Sport & Climate Impacts: How much heat can sport handle?” a report about how climate change is threatening the future of sport. Case Study of 2014 Australian Open - Of great...more

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