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Spotlight: Cyber breach at Yahoo
Insight 16 Oct 2017

2016 was the Year of the Data Breach for Yahoo, as it announced three separate and significant data breaches. Although the consequences of these breaches are still unfolding, the financial cost to Yahoo is already significant – in 2017, Verizon slashed the price of its deal to buy Yahoo by US$350 mi ...

Dealing in data: cybersecurity in an M&A context
Insight 17 Oct 2018

The cyber resilience of companies and their history of data breaches is increasingly having a significant impact on the headline price post-completion deal value and risk-allocation profile of MA transactions With the notifiable data-breach scheme and the GDPR taking effect earlier this year there ...

Federal Court sheds new light on public benefit test in Tatts/Tabcorp merger appeal
Insight 11 Oct 2017

The Federal Courts decision about the proposed TabcorpTatts merger has provided significant clarification about the public benefit test for authorisations This is timely in light of the legislation before the Senate that proposes to combine the Tribunal authorisation process with the formal ACCC ...

First successful prosecution under Australian criminal cartel conduct provisions
Insight 04 Aug 2017

Nippon Yusen Kabushiki Kaisha has been fined 25 million in the first criminal cartel conduct prosecution commenced in Australia providing guidance on how a court will determine penalties under the criminal cartel laws ...

Excessive payment surcharging reforms
Insight 11 Jul 2017

As of 1 September 2017 merchants will be prohibited from charging excessive payment surcharges for certain payment methods Under the new rules businesses can only pass on to customers what it costs them to process a payment The Allens Competition team have put together a brief overview of the ...

Singapore Convention on Mediation: a step towards easier enforcement of international settlements
Insight 11 Jul 2019

On 7 August 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation (the Convention) will be open for signature.  It will come into force six months after three countries have signed, with Singapore expected to be the first State to do so. ...

Distressed debt M&A - share transfers without a scheme
Insight 17 Feb 2015

The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...

Support for principals with bank guarantees
Insight 25 Jun 2015

A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...

Third parties are no bar to arbitration: A win for arbitration?
Insight 07 May 2015

The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...

Further support for arbitration
Insight 15 Jul 2014

In a recent decision the Victorian Court of Appeal has held that parties to an arbitration agreement cannot avoid arbitration by seeking to bring the claim in a statutory tribunal Partner Nick Rudge and Lawyer James Waters report on a case that reinforces the trend of Australian courts to give ...

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