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In this episode of FInsight, Baker McKenzie partners Daniela Fonseca Puggina from our Miami office and Jennifer Semko from our Washington D.C. office discuss litigation readiness for FIs. The episode also covers potential vulnerabilities and disputes that they need to prepare for, current and emerging trends in litigation (from our Litigation Intelligence Tool and Report), and how they can benefit from litigation preparedness.

The Securities and Futures Commission recently released its Consultation Conclusions on Proposed Enhancements to the Competency Framework for Intermediaries and Individual Practitioners. Changes to the existing Guidelines on Competence and Guidelines on Continuous Professional Training will take effect in January 2022. These changes impact the competence and ongoing training requirements for new and existing Responsible Officers and Licensed Representatives of Licensed Corporations, as well as Executive Officers and Relevant Individuals of Registered Institutions.

Infrastructure Victoria has recently released an updated 30-year Infrastructure Strategy which the Victorian Government is currently considering. Following remarks from the Treasurer, we anticipate the Victorian Government to issue its response to IV’s stated infrastructure priorities within the next 12 months.

“Semplificazioni” Decree-bis (Law Decree No. 77 of 31 May 2021) was converted into Law No. 108 of 29 July 2021.Upon conversion into law, the text of the Decree was subject to further amendments and adjustments. The most significant changes regarding public contracts, environment, renewable energy, town planning and construction, and administrative procedures are set forth in this article.

Covid-19

“Semplificazioni” Decree-bis (Law Decree No. 77 of 31 May 2021) was converted into Law No. 108 of 29 July 2021.Upon conversion into law, the text of the Decree was subject to further amendments and adjustments. The most significant changes regarding public contracts, environment, renewable energy, town planning and construction, and administrative procedures are set forth in this article.

Antitrust / Competition

Anti-Corruption

The privilege against self-incrimination has long been a feature of Australia’s common law and recognises the important concept that individuals should not be compelled to incriminate themselves. The privilege has also been protected by legislation, including in sections 128 & 128A of the Evidence Act 1995 (Cth). A recent High Court decision in Deputy Commissioner of Taxation v Zu Neng Shi [2021] HCA 22 considered whether disclosure of privileged information was in the interests of justice.

United States

On July 19, 2021, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule (“Final Rule”) adding six Russian organizations to the Entity List. These designations are related to Executive Order 14024, “Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian” (“EO 14024”) that was signed by President Biden in April 2021.

Data Privacy

On 20 August 2021, the Standing Committee of the National People’s Congress passed the Personal Information Protection Law of the PRC (PIPL), after deliberating two draft versions and seeking public comment in a ten-month span. The passage of the PIPL signifies that China is stepping into a more robust and comprehensive personal information protection regime by establishing a unified, cross-sector legislation, as the EU does with the aid of the General Data Protection Regulation.