151-160 of 555 results
Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...
Dealing with data: your M&A playbook
There is more M&A activity in data across all sectors, and data opportunities and risks are impacting headline price, post-completion deal value and risk-allocation profile of investments and M&A transactions. For both buyers and sellers, this playbook helps in-house counsel and dealmakers navigate the data issues that arise in the context of mergers, acquisitions, demergers and investments to maximise the value in these transactions. ...
Dealing with data: emerging trends in M&A transactions
Data remains one of the most undervalued assets, with most companies still failing to even include it as an asset on their balance sheet. Buyers and sellers who can recognise data assets and properly demonstrate how value can be extracted from them will be best placed for future M&A transactions. ...
The wait is over: Equator Principles 4 is here
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. ...
ASIC Corporate Governance Taskforce report; ASX listing rules update; ACCC cartel immunity and cooperation policy update; High Court considers financial assistance prohibition; and other corporate law developments
This Insight examines the latest developments in corporate law ...
If in doubt, get the whitewash out
The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...
ASIC's latest Corporate Plan continues focus on corporate culture; ASX clamps down on 'ramping' announcements; FIRB reveals closer scrutiny of data acquisitions; and other corporate law developments
This Insight considers recent developments in Corporate Law. ...
Digital Platforms Inquiry Final Report released; Takeovers Panel considers board discretions and process deed disclosure requirements; and other corporate law developments
Digital Platforms Inquiry Final Report released, Takeovers Panel considers board discretions and process deed disclosure requirements and other corporate law developments ...
Right here, right now; the CDR regime is live
The Consumer Data Right Act has been passed by Federal Parliament bringing with it significant changes for legal, risk and compliance teams operating in the finance, banking, energy and telco sectors ...
First ACCC merger authorisation – how does it affect you?
This insight explores the impact of the new ACCC merger authorisation process which has been used for the first time since it was introduced following the Harper Reforms in November 2017. ...