Herbert Smith Freehills

By Shivchand Jhinku and Michael Absell
Could non-compete, non-solicit and non-disclosure provisions in employment contracts soon be a thing of the past?
Further to our previous update on this topic, the Hon. Dr Andrew Leigh MP, Assistant Minister for Competition, Charities and Treasury, and Assistant Minister for Employment, has officially launched a public consultation

Federal Court finds waiver despite contrary agreement in ASIC v Noumi Ltd [2024] FCA 349
By Andrew Eastwood, Bryony Adams, Maritsa Samios and Stephanie Crosbie
As ASIC continues to exercise its broad-ranging enforcement powers, companies are regularly asked to provide sensitive material to the regulator including documents covered by legal professional privilege. Under the present

Over the past six months, the government has gradually introduced various of the planning reforms contained in the Levelling Up and Regeneration Act 2023. Many of these either rely upon further regulations being passed, so practically speaking are not yet in force, or affect only certain types of development (eg section 136 relating to ancient

We are thrilled to be named “European Cross-border Patent & Regulatory Team of the Year” by Managing IP at their 2024 EMEA Awards.
This is in recognition for our work steering the course in Biogen’s ongoing multi-jurisdictional patent dispute. Our role involves coordinating tens of proceedings in more than 20 European jurisdictions in relation to

On 11 March 2024, the International Centre for Settlement of Investment Disputes (ICSID) published its most recent Background Paper on the annulment remedy under the ICSID Convention (Background Paper). Now, in its third edition and available here, the Background Paper provides a comprehensive assessment of annulment as well as the drafting history behind the

Without prejudice (“WP”) privilege protects a party’s genuine attempt to settle a dispute by preventing communications made in that connection from being admitted as evidence in court. However, WP privilege may sometimes be inadvertently waived and lost by parties. It is well established that openly disclosing WP materials will result in loss of the privilege,