The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.
The Victorian Supreme Court recently awarded record damages of $292.9 million in favour of Cargill against Viterra for false and misleading statements made by Viterra and Glencore relating to the $420 million sale of the Joe White malt business. Gilbert + Tobin acted for Cargill. The judgment shines a spotlight on the litigation risks that companies face if the disclosure made during a corporate transaction process is inaccurate, and the practices companies are taking to mitigate their liability once a corporate transaction has completed.
This session, presented by Gilbert + Tobin’s market leading M+A and Disputes + Investigations teams, will provide practical guidance for in-house counsel in respect of the risks associated with corporate transactions highlighted by the judgement in Cargill. It will explore how to prepare for a corporate transaction and identify the steps that can be taken to manage and mitigate these risks.
With the ACCC’s new Chair and Commissioner for enforcement having started recently, companies should expect renewed vigour and focus on the ACCC’s Australian Consumer Law enforcement activities. This follows a year in which the ACCC has obtained record penalties in ACL cases, including $153 million against AIPE.
This training session hosted by Gilbert + Tobin’s market leading Competition + Regulation team will reflect on the year just past, discuss the implications of the changes in leadership at the ACCC and consider the enforcement priorities and what to expect for the year ahead.
In May 2020, damage to the area of the Juukan Gorge in the Pilbara resulted in the destruction of two ancient rock shelters, estimated at around 46,000 years old, with cultural significance to the Puutu Kunti Kurrama and Pinikura People. The destruction of these sacred sites brought international attention to the importance of Indigenous cultural heritage within broader environmental, social and governance (ESG) considerations.
This session, hosted in conjunction with Gilbert + Tobin will explore Aboriginal heritage sensitivities as part of a company’s ESG obligations following the Juukan Gorge incident and the subsequent Parliamentary Inquiry.
It will focus on both the legal ramifications of compliance with the current and incoming Aboriginal Heritage legislation but also the ‘social licence to operate’ ramifications of not maintaining good relations with relevant Traditional Owners.
Over the past 12 months we have seen some noteworthy developments in the obligations imposed on director and officers of both public and private companies. A key understanding of these developments is essential not only to minimise potential liability for a claim of a breach of these duties but also to manage reputational risk for corporations and the individuals involved.
This webinar, hosted by Gilbert + Tobin’s award-winning Corporate Advisory team, will bring you right up to speed on recent developments in director and officer duties and liabilities and will include:
a refresher on D+O liability;
noteworthy developments in case law around directors’ duties;
changes to D+O liability under the continuous disclosure regime;
issues with ‘greenwashing’, and why directors and officers should be alive to litigation risks;
issues presented by cyber-attacks and data breaches; and
some key directors’ duties issues in corporate control transactions (if time permits!).
Companies worldwide are seeing an increased focus on environmental, social and governance (ESG) matters. This is driven by growing attention by governments, investors, financiers, customers, suppliers and the wider public on the manner in which corporates conduct their business. Profitability in and of itself is no longer enough.
This webinar hosted by Gilbert + Tobin will involve a broad panel discussion on ESG, and will provide tips for those in the legal function. It will explore a range of topics including:
the impact of climate change on business activity and the development and delivery of projects;
corporate governance implications, including directors’ duties, disclosure and reporting obligations, shareholder activism and stakeholder relations;
ESG drivers in mergers and acquisitions; and
ESG debt financing in the Australian market, including sustainability linked loans, green loans and social loans.
The extended pandemic environment, combined with corporates, private equity firms and investors holding significant capital to deploy, is predicted to lead to a notable increase in distressed investment opportunities for buyers in both debt and equity as well as restructuring and recapitalisation opportunities for businesses.
This webinar hosted by Gilbert + Tobin’s market leading Restructuring + Insolvency and M+A teams will cover:
common issues that arise in distressed transactions (including differences with going concern/traditional acquisitions);
tips on structuring a competitive bid (debt or equity) for a distressed asset; and
tips for restructuring or recapitalising a business via a deed of company arrangement
The protection of trade secrets and confidential information can be paramount to the commercial success of a business. With the transition to working-from-home, businesses are facing technological and practical challenges as they seek to protect their confidential information from theft or misuse by employees.
This webinar presented by Gilbert + Tobin’s Employment team, will cover measures that you can implement to protect your confidential information, including:
implementing security measures, including usage monitoring and other surveillance practices;
having robust contractual protections and IT usage policies; and
developing and implementing procedures to ensure high-risk employees’ devices are monitored and examined to ensure that confidential information is protected.
This session will also cover the steps an employer could take if its security measures fail, including obtaining personal devices for forensic examination, injunctive relief requiring the return of information and damages for breach.
As most COVID-19 restrictions are lifted across Australian states and territories, workplaces are contemplating this new post-pandemic landscape and its implications for their workforce.
There are undoubtedly lasting effects shaping the present and future of work and much to consider regarding employment and work health and safety law.
Join Wolters Kluwer Australia and Michael Byrnes, Partner in Employment, Workplace Health and Safety at Swaab, to discuss the pressing matters in-house counsel need to know to advise in this situation.
What you’ll learn:
How employers can manage requests for flexible arrangements
How/whether employers can encourage or require employees to return to office-based work
Ensuring hybrid or work from home arrangements comply with legal requirements
Workplace privacy and information security for employees working from home
Managing performance and communicating with employees who are not in the office
WHS and workers compensation issues for employees working at home
The COVID-19 pandemic has impacted how we work in almost every way.
As the Government response moves out of the “containment” phase into a “living with COVID” phase, employers are now dealing with new challenges. While remote work became the norm during lockdowns, many employers are now looking to move back to the office. Employers are now also having to consider the reality that there will be outbreaks of COVID-19 within the workplace and grappling with how this risk needs to be managed.
This session will look at some of the developments relating to how employers and tribunals are dealing with requests for remote working arrangements and what is happening with mandatory vaccination policies.
Australia’s changing geo-political situation is evident in the intensification of regulation around critical infrastructure assets including energy, water, healthcare, data, finance, space, defence and more. The Government has identified a need for greater critical asset self-sufficiency and resilience, leading to stronger intervention powers by government and regulators in investment approvals and operational risks around data and cyber security.
This session, hosted by Gilbert + Tobin, will explore:
the recently enacted legislation which requires owners to provide control and operational information about the critical infrastructure asset, rendering them subject to enhanced cyber security obligations; and
the implications for investment in the sector, including approvals under the Foreign Acquisitions and Takeovers Act and new regulatory risks for asset owners.