We are currently at a fascinating time in Australia, where the data space has seen an enormous amount of new regulation over the last few years and faces significant potential regulation on the horizon. The likely impact of these changes on the way in which we deal with data and, in turn, the way in which we might deal with ethics raises a number of compelling (and complicated) questions - particularly as they relate to AI. Technology, Media & Telecommunications Partner Michael Park sat down with Dr Maria Rosario Todao, Deputy Director of the Digital Ethics Lab at Oxford University, to discuss the intersection of these themes and the emerging trends around the world. ...

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Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance).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and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

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. ...

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 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. ...

This Insight examines the latest developments in corporate law ...

Federal Court hangs up on ACCC over TPG pre-payments; ACCC calls for more claret-y between winemakers and growers; and Viva/Liberty deal gets green light ...

au Domain Administration Ltd, (administrator and self regulatory policy body for the .au ccTLD) has released its draft licencing rules with proposed changes limiting the eligibility for non-Australian entities. ...

In a highly anticipated decision, the Full Bench of the Australian Federal Court recently dismissed the appeal in Encompass Corporation v InfoTrack. Despite the opportunity to clarify the scope of patentability of computer-implemented inventions, the question of what encompasses patentable subject matter remains open. ...

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. ...