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Australia Corporate Counsel

Hogan Lovells

Australia’s new anti-foreign bribery regime – government publishes important guidance

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Six months after the passage of the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024, the Australian government has published important guidance on the “adequate procedures” companies should have in place in...more

Faegre Drinker Biddle & Reath LLP

Australia Set to Join Growing List of Countries Recognizing “Right to Disconnect” From the Workplace

Under amendments to the Fair Work Act 2009, employees in Australia are being given a new “right to disconnect” from the workplace outside of normal working hours. Under the new law, employees may refuse contact, including...more

ArentFox Schiff

Wow AUKUS is for Real! Exports to Australia and UK Just Got Way Easier

ArentFox Schiff on

The US Government just placed Australia and the United Kingdom (UK) in nearly the same position as Canada for dual-use exports under the Export Administration Regulations (EAR) and is poised to go even further with a proposed...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 Design Patents Year in Review: Analysis & Trends: Global Design Law and Policy: Gains and Setbacks in Protecting Digital and...

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. In general the changes bend toward greater alignment and the emergence of...more

Littler

Australia Aims to Give Employees the Right to Disconnect

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Australia’s Senate on Thursday, February 8, 2024, passed a bill that would prevent an employer from contacting employees outside of work hours. The bill gives the employee the right to refuse to monitor, read or respond to...more

A&O Shearman

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

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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

A&O Shearman

Australian merger control reform proposals set to affect deal‑making

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The Australian Treasury has released a paper to begin consultation on potential merger control reform. If implemented, the proposed reforms would transform Australia’s voluntary, non-suspensory merger control system – with...more

BakerHostetler

DSIR Deeper Dive: Absent Legislation, Privacy Regulators Offer Guidance on AI

BakerHostetler on

By now, many of us are using AI, advising others about how to use AI, and waiting for some legislative miracle to give us some guardrails for what we can or cannot be doing with AI. A lot of effort has been put into tracking...more

Cadwalader, Wickersham & Taft LLP

Australia’s Securities and Consumer Protection Regulators Pursue Alleged Greenwashing

On February 28, 2023, Australia’s securities regulator, the Australian Securities and Investments Commission (ASIC), announced that it had commenced “civil penalty proceedings” in federal court against Mercer Superannuation...more

Littler

Australia Takes Steps to Address Pay Secrecy and Gender Pay Gap

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According to the Workplace Gender Equality Agency (WGEA), an Australian Government statutory agency created by the Workplace Gender Equality Act 2012, the gender pay gap in Australia is 22.8%, with women on average earning...more

Jones Day

Australian Government Serious About Data Privacy: Substantial Increases in Fines and Enhanced Regulatory Powers

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In Short - The Situation: Following a number of high-profile cyber incidents resulting in significant data breaches, the Australian Government has doubled down on its efforts to strengthen privacy laws and cybersecurity...more

Hogan Lovells

First patch to the privacy laws in Australia: increased penalties for global companies

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Increased penalties and wider application of the scope of the Privacy Act 1988 (Cth) (Privacy Act) come into effect shortly, with the Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (Bill) now...more

A&O Shearman

Human Rights Committee rules in favour of Torres Strait Islanders in case on impacts of climate change

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The U.N. Human Rights Committee ruled in a watershed case that Australia has failed adequately to protect indigenous Torres Strait Islanders from the adverse effects of climate change....more

BCLP

Ransomware - why paying up earns no credit with the UK's Data Protection Authority and others

BCLP on

In a joint letter this summer, the UK’s data protection regulator (the ICO) and the UK’s National Cyber Security Centre (the NCSC) sought to convey some key messages to the legal profession relevant to advising clients...more

A&O Shearman

U.K. Court Gives the Green Light to Mass Environmental Claim

A&O Shearman on

In a significant development for environmental litigation in the U.K., the English Court of Appeal has allowed a £5 billion damages claim brought by around 200,000 Brazilian individuals and other persons to proceed against...more

A&O Shearman

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

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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

Jones Day

Regulation of Class Actions in Australia Revisited … Again

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More Detail: Regulation of Litigation Funding in Class Actions In 2009, the Full Court of the Federal Court of Australia, in Brookfield Multiplex Ltd v International Litigation Funding Partners Pty Ltd [2009] FCAFC 147,...more

A&O Shearman

Waving goodbye to privilege with public disclosures

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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

Jones Day

Australian Takeovers Panel Reaffirms Exclusivity Rules in Hot M&A Market

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Despite the rules around exclusivity provisions in Australia having been relatively settled for many years (the Panel initially published its Guidance Note 7 on 'Lock-up devices' back in 2001), it's been surprising to see two...more

Orrick, Herrington & Sutcliffe LLP

The Austrian Data Protection Authority Ground-breaking Google Analytics Decision: Analysis and Key Takeaways

The Austrian data protection authority (Österreichische Datenschutzbehörde; Austrian DPA) recently ruled that the use of Google Analytics violated Chapter V (transfers of personal data to third parties) of the EU General Data...more

K&L Gates LLP

Unfair Contract Terms – Significant Broadening of Scope and Penalties for Breaches: Is your Business Prepared?

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IN BRIEF - The Australian Government has released the Exposure Draft legislation and Explanatory Materials for an anticipated suite of reforms to unfair contract terms (UCT) laws found in the Australian Consumer Law (ACL) and...more

Saiber LLC

Will a Decision of the High Court of Australia in a Case Involving Defamation and Social Media Have Ramifications Elsewhere?

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On September 8, 2021, the High Court of Australia ruled 5-2 in Fairfax Media Publications Pty Ltd. v. Voller that media companies in Australia could be held liable for defamation as a result of comments left by third-parties...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

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In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

Jones Day

ACCC Proposes Substantial Changes to Australian Antitrust Merger Review

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Recent Merger Review and Litigation in Australia  - Australia's antitrust merger laws have remained largely unchanged since 1993. The law prohibits the acquisition of assets or shares with the effect or likely effect of...more

Hogan Lovells

Failure to remove unlawful advertising attracts $12 million penalty

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On 29 July 2021, the Federal Court of Australia (the “Court”) handed down its largest ever pecuniary penalty for serious, sustained and knowing contravention of the Therapeutic Goods Act 1989 (Cth) (“TG Act”). The decision...more

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