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Where there's no waiver, there's no way

The English High Court has provided further guidance on the interpretation of “no waiver” clauses in a recent decision. The backdrop to this decision was a sanctions related dispute about the termination of a currency swap...more

Australia’s regulatory crackdown targets bribery, money laundering and cybercrime

New bribery offenses in Australia now make it easier for authorities to prosecute organizations and require companies to exercise greater oversight and controls. Australia’s regulators remain active in greenwashing and other...more

Regulators and reforms: how Australia tackled white collar crime in 2023 and what to expect in 2024

Regulators and enforcement authorities in Australia intensified their efforts to curb white-collar crime in 2023. They targeted fraud, money laundering, tax evasion, cybercrime, and corruption across multiple industries,...more

How to De-bank Customers Legally and Fairly: Lessons from Beyond Bank

Occurrences of de-banking have reportedly been increasing over the last decade1 as financial institutions seek to adapt to a changing regulatory and financial landscape. However taking such steps poses risks to financial...more

Six indicia of a strong corporate whistleblower program: new Australian guidance

A new report from the Australian Securities and Investments Commission (ASIC) should prompt companies to consider whether any changes need to be made to align their whistleblower program with ASIC’s proposed “good practices”....more

Sustainable Finance Governance And Greenwashing: ASIC's Strategic Priorities

The Australian Securities and Investment Commission (ASIC) has released its new Corporate Plan, outlining its plans for the next year, and strategic priorities for the next four....more

Managing cyber security risks: key learnings from Australia’s first test case

For the first time in Australia, a court has held in an action brought by Australia’s financial services regulator, ASIC, that the failure by a company to have adequate risk management systems in place to manage cybersecurity...more

Waving goodbye to privilege with public disclosures

A recent judgment of the Australian Federal Court has highlighted the risk of waiving legal professional privilege if companies refer to the findings of a privileged report in public statements....more

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