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AUSTRALIAN REGULATOR WINS CASE AGAINST FINANCIAL SERVICES LICENSEE FOR INADEQUATE MANAGEMENT OF CYBER RISKS
For the first time in Australia, the Federal Court has found that a failure to adequately manage cybersecurity risks constitutes a breach of general …
Biannual Banking Litigation Update (Spring 2022)
Welcome to the Spring 2022 edition of our biannual Banking Litigation Update, in which we highlight the most important cases and developments affecting …
Increased IT security and resilience standards – ASIC imposes new Australian market integrity rules
Corporate regulator introduces fresh rules in drive to strengthen governance and bolster technological resilience.Earlier this month, ASIC introduced …
Covid-19 Business Interruption Insurance – Insurers Win Appeals in Second ICA Test Case and Star Casino Claim
The Full Court of the Federal Court of Australia (3 judges) has generally confirmed the first instance decisions in the Second ICA Test Case1 and the …
Bill proposing civil penalties and other changes to unfair contract terms regime introduced to Parliament
This article was originally published on 3 September 2021 but revised with further updates. On 9 February 2022, legislation amending the unfair contract …
UK Insurance and Reinsurance Disputes annual review 2021
Our annual review looks back over the last 12 months to assess the insurance world's key cases and developmentsAs many of you will know, we have produced …
Australia policyholder insurance highlights 2021
Read our assessment of the key lessons for insurance policyholders based on last year’s top cases and market developments. This unique publication …
Merricks v Mastercard: the litigation risks for the financial services sector
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on the repercussions of the …
FSR Outlook 2022: Anticipating change, being prepared
Our Financial Services Regulatory (FSR) team surveys the regulatory landscape for 2022 and identifies themes that we expect to be at the core of …
Whistleblowing and the “compliance gap”: Australian regulator fires warning shot on whistleblower policies
'Set and forget' still too common on whistleblowing compliance, warns key business regulator.It’s almost 2 and a half years since new whistleblower …
Cyber-ransoms are on the rise: What do you need to know?
‘Cyber-ransoms’ are on the rise, and with new cyber tactics and ways of working, the risks are increasing.KEY TAKEAWAYS A key question facing companies …
Climate change: succeed in a net-zero future
The risks associated with climate change go way beyond the purely environmental.In our climate change briefing we consider at a high level the political, …
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