Climate change and ESG litigation trends in the consumer sector
The ESG focus driving landscape-changing consumer sector M&A
IP trends driving differentiation in Australia and China
9 March 2022 Mark Smyth, Partner, Sydney Jojo Fan, Partner, Hong Kong Mark Smyth and Jojo Fan discuss the rapidly increasing developments in climate change and ESG litigation globally including greenwashing, inadequate disclosure and challenges for manufacturing and governments. They share their insights on what the future of climate litigation may hold for the consumer sector.
14 March 2022 Kam Jamshidi, Partner, Melbourne and Malika Chandrasegaran, Partner, Sydney Kam Jamshidi and Malika Chandrasegaran discuss the rise in ESG consciousness and integration into the M&A process to manage risks whilst also driving consumer demand, with the energy transition providing valuable insights for consumer sector companies. Kam and Malika see four phases of ESG driven M&A including portfolio review, consolidation of ESG challenged businesses, private capital focussing more on ESG conscious investing and buyers of last resort.
1 April 2022 Aoife Xuereb, Senior Associate, Melbourne Emma Iles and Peng Lei discuss recent intellectual property developments in Australia and China with an impact on the consumer sector including the availability of interlocutory injunctions, product distinction through competitor comparison, punitive damages and trends in the development of green consumer technologies. Emma and Peng share their insights, with a focus on the consequences for product differentiation.
Data privacy in targeted advertising - Current regulatory challenges and future directions
Managing and exiting distribution agreements
Identifying and resolving product liability issues in a digital world
6 April 2022 Peggy Chow, Of Counsel, Singapore Kaman Tsoi, Special Counsel, Melbourne Peggy Chow and Kaman Tsoi discuss the latest regulatory trends and future directions including the use of third party tracing cookies, the overlap between privacy and competition, proposed new laws on targeted advertising and cookies in the EU, the US, Japan and Australia, facial recognition and less privacy intrusive alternatives such as contextual advertising and Google's new Topics API technology.
2 May 2022 James Allsop, Partner, Tokyo Kathryn Sanger, Partner, Hong Kong James and Kathryn discuss the key issues arising out of their recent experience of contentious termination and expiry of distribution agreements, including utilising escalation steps in dispute resolution clauses, self-help remedies, interim-measures and brand protection.
1 June 2022 Dana Kim, Partner, Seoul Aoife Xuereb, Partner, Melbourne Dana Kim and Aoife Xuereb tease out the issues in a hypothetical manufacturing scenario with an international supply chain and both online and in-store sales. They discuss how companies and the courts are grappling with the unique product liability risks arising from increasingly fragmented and complex supply chains as well as the online sale of goods across jurisdictions.
Anti-trust traps for sales and distribution models
Greenwashing in the advertising and promotion of consumer goods
The rise of the NFT marketplace
8 June 2022 Adelaide Luke, Partner, Hong Kong Patrick Gay, Partner, Sydney Adelaide Luke and Patrick Gay discuss common anti-trust pitfalls that arise in distribution systems, including Retail Price Maintenance and exclusivity. They compare and contrast the rules of Australia with some key Asian jurisdictions, highlighting differences that companies need to understand when designing a regional distribution network. They close with a reminder to consider territorial and customer restraints as an anti-trust risk.
15 June 2022 Emma Iles, Partner, Melbourne Rebekah Gay, Partner, Sydney Emma Iles and Rebekah Gay discuss the increasing focus on environmental claims in the promotion of consumer goods and the rise in activities by regulators aimed at preventing consumers form being misled. Against this background, Emma and Rebekah share their insights on the emerging risks for businesses.
27 June 2022 Julian Lincoln, Partner, Melbourne and Susannah Wilkinson, Digital Law Lead - Australia & Asia, Brisbane Julian Lincoln and Susannah Wilkinson explain the fundamentals of buying, selling and issuing Non-Fungible Tokens (NFTs) to reach new consumers and marketplaces - describing NFTs as the “digital bridge" between traditional physical products and the metaverse. They outline some of the important legal aspects (e.g. IP rights, consumer protection and financial services regulation) to consider in issuing NFTs, alongside the equally important platform and technology aspects.
23 Aprl 2021 Leah Watterson, Senior Associate, Melbourne Consumer companies face current and emerging class action risks from a range of areas including corporate disclosure and employment issues. We highlight the key areas to keep an eye on in 2021.
Episode 8 - Confronting the class action – risks for consumer companies
Employee engagement trends in the consumer sector
The surge of social commerce in Indonesia
Horizon scanning for consumer companies in China – key issues to watch
6 July 2022 Fatim Jumabhoy, Partner, Singapore and Shivchand Jhinku, Partner, Sydney Fatim Jumabhoy and Shivchand Jhinku focus their predictions on four key areas, particularly as consumer companies grapple with their post-covid positions, including managing employee wellbeing, return to work issues, increasing bullying and harassment claims and the rise in employee activism. They note some surprising trends and research outcomes, including the interdependency between each of the issues to be managed.
15 June 2022 Cellia Cognard, Partner, Jakarta and Stephanie, Partner, Hiswara Bunjamin & Tandjung, Jakarta Cellia Cognard and Stephanie set the social commerce scene before discussing regulatory considerations for building brands and driving sales including the various regulations specific to advertising products in Indonesia. They cover “negative content”, the significant role of influencers and data protection issues - noting some of the key regulatory gaps to monitor in this rapidly developing digital economy.
15 June 2022 Nanda Lau, Partner, Shanghai and Gavin Guo, Partner, Kewei, Shanghai Nanda Lau and Gavin Guo outline the economic headwinds redefining business and life for consumers in China with geopolitical tensions, supply chain disruption, business transformation, digitalisation, decarbonisation and ESG issues driving recent legal and regulatory reform, particularly with regard to investment and M&A, competition law, data protection/cybersecurity, regulatory and IP protection.
8 June 2021 Malika Chandrasegaran, Partner, Sydney and Joseph Fisher, Partner, Tokyo Looking beyond the pandemic, we discuss our key predictions for consumer M&A in 2021.
Episode 11: Consumer M&A in 2021: Trends, developments and opportunities
Confronting complexity in cybersecurity trends for the consumer sector
Advertising and online trends in China
18 July 2022 Fatim Jumabhoy, Partner, Singapore and Shivchand Jhinku, Partner, Sydney Fatim Jumabhoy and Shivchand Jhinku focus their predictions on four key areas, particularly as consumer companies grapple with their post-covid positions, including managing employee wellbeing, return to work issues, increasing bullying and harassment claims and the rise in employee activism. They note some surprising trends and research outcomes, including the interdependency between each of the issues to be managed.
25 July 2022 Cathy Liu, Partner, Kewei, Shanghai Cathy Liu shares some recommendations for brands doing business in China following the latest online promotion and advertising trends, beginning with tightening regulation of the booming livestreaming and KOLs (influencers) industry, underlining the importance of honest representation (including account profile, audience comments and video settings) and a crack-down on false claims in advertising.