The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...

The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

Associates Tiernan Christensen and Nick Li report on some noteworthy developments relevant to the food industry in Australia. ...

In this update, our colleagues at Linklaters highlight the impact of Brexit on the prospectus, transparency and market abuse regimes for UK listed companies, if the United Kingdom leaves the EU on or after 31 October 2019 without a withdrawal agreement and transition period (a 'no-deal' Brexit). ...

The ACCC has called for significant reforms in Digital platforms to strengthen privacy protections for individuals and to improve transparency and accountability In data handling practices for both digital platforms and other organisations regulated by the Privacy Act 1998. ...

The nature of Australia's class action landscape has fundamentally changed since the outset of the regimes. ...

In the midst of the EU’s institutional reshuffle, new composition of the institutions and new leadership affects their legislative priorities and ultimately shapes the regulatory environment. Linklaters' Brussels team offers a snapshot of where the EU institutions stand with regard to choosing their ...

This insight explores the potential impact of changes proposed in the consultation draft of Equator Principles 4 which entails a greater focus on climate change, human rights and social risk. ...

In a bold new play, a consortium led by social media giant Facebook has announced plans to enter the financial services sector through the launch of a cryptocurrency called Libra. Both a currency and a blockchain backed payment system, the project could have a profound impact on the financial servic ...