Tag Archives: disclosure

Herbert Smith Freehills edits and contributes chapters to Getting the Deal Through – Financial Services Litigation 2018

There has been a significant rate of global growth of litigation in the financial services sector following the 2008 global financial crisis. While the existence of financial services litigation is truly a global phenomenon, it has become apparent that the … Continue reading

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Filed under Africa, Announcements, Banking, European Regulation, France, Germany, Hong Kong, Indonesia, Sector Updates by Herbert Smith Freehills, UK Legislation, US

NEW BENEFICIAL OWNERSHIP REGIME IN INDONESIA POSES COMPLIANCE RISKS FOR CORPORATES

Effective from 5 March 2018, all corporations in Indonesia are required to disclose at least one person as their beneficial owner upon registering for business, pursuant to the Presidential Regulation (Perpres 13/2018) signed by President Joko Widodo on 1 March … Continue reading

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Filed under Asia, Bribery and Corruption, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills

SFC focuses on the role of financial advisers and valuers in advising listed companies in corporate transactions

The Securities and Futures Commission (SFC) has issued a circular to financial advisers to provide guidance on its expectations as to their role when advising listed companies on corporate transactions (FA circular). The FA circular reminds financial advisers of their … Continue reading

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Filed under Non-UK regulation, US

#MAR_bitesize

MAR MONDAY On 3 July 2016, the EU Market Abuse Regulation (MAR) (EU 596/2014) replaced the Market Abuse Directive (MAD) and the current UK regimes for market abuse and inside information.  To help guide you through the first six months … Continue reading

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Filed under Europe, European Regulation, FCA, Regulatory Reform

Use of predictive coding for e-disclosure endorsed by English High Court

A decision of the English High Court handed down earlier this week has expressly approved the use of predictive coding (also known as technology assisted review) for a large disclosure exercise: Pyrrho Investments Limited & Anr v MWB Property Limited … Continue reading

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Filed under FCA, PRA, UK

UK Court orders disclosure of confidential SFO and client documents: Harlequin Property (SVG) Ltd & Anor v Wilkins Kennedy

The recent case management decision in Harlequin Property (SVG) Ltd and Another v Wilkins Kennedy [2015] EWHC 3050 (TCC) considered an application by the Defendant to withhold documents from inspection on the basis of confidentiality. The documents in question fell … Continue reading

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Filed under Commercial Litigation, UK

Irish court endorses use of predictive coding for disclosure

A recent decision of the High Court in the Republic of Ireland has endorsed the use of predictive coding for a disclosure exercise, rejecting the opposing party’s insistence on a linear manual review of all the keyword responsive documents and … Continue reading

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Filed under Commercial Litigation, Europe

Australia: ASIC’s report card on handling confidential information – ‘could do better’

Following the selective briefing of analysts by Newcrest in mid-2013, ASIC announced that it would sit in on communications between companies and analysts during the next reporting season.  Armed with the output of that survey, as well as interviews of listed … Continue reading

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Filed under Australia

Court of Appeal upholds procedural orders despite risk of compliance breaching French blocking statute

A judgment handed down on Tuesday has confirmed that the English court is unlikely to refrain from making procedural orders against French parties to litigation on the basis that compliance with such orders may involve a breach of the so-called … Continue reading

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Filed under France, UK

UK High Court finds SFO not barred from giving disclosure of third party documents obtained under compulsory powers

The High Court has held that the Serious Fraud Office (SFO) was not prevented from giving disclosure as a defendant to civil proceedings of documents received from third parties in response to notices issued under section 2 of the Criminal Justice Act … Continue reading

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Filed under Corporate Crime, UK, Uncategorized