Publications

Getting lost in the changing landscape of AI regulatory requirements?

24 July 2024

Leading market insights purposefully curated for directors, general counsel and company secretaries.

27 June 2024

In this edition we take you down into the trenches to talk trends and tactics, but also take time to zoom out for a global look at the latest on M&A markets, major themes and the H2 outlook.

25 June 2024

With mandatory climate reporting imminent, the contents of this publication are poised to become business-critical to more of corporate Australia than ever before.

06 June 2024

The 2024-25 Budget is one that matters for business. Framed publicly as addressing Cost-of-Living pressures while managing inflationary risk, the Budget contains a major focus on business investment through its Future Made in Australia policy – which is of critical importance to Australia’s economy and energy transition.

14 May 2024

KWM’s Guide to Doing Business in Australia is your essential companion to unlocking Asia Pacific growth and innovation opportunities.

10 May 2024

OnBoard delivers our leading market insights purposefully curated for directors, general counsel and company secretaries.

27 March 2024

Welcome to the fourth edition of the Insurance Pocketbook, as we continue our endeavour of sharing our insight and experience with our clients and industry stakeholders.

26 March 2024

Our first edition for 2024 takes you inside the biggest Australian Public M&A deal for 2024 so far, and spotlights M&A tactics that we see shaping a cautiously optimistic outlook for the remainder of 2024.

25 March 2024

In 2023 economic and social issues were front-of mind for shareholders at AGMs: the Voice, auditor accountability and executive pay in the face of cost-of-living pressures.

20 March 2024

We hope you find this edition of NEXT to be thought provoking and we look very much forward to continuing the conversation with you across the year.

19 February 2024

King & Wood Mallesons (KWM) provides legal services for the Belt and Road Initiative (BRI) projects in an active response to the BRI proposed by President Xi Jinping in 2013. As an international, diverse and innovative legal service provider, KWM established the KWM Belt & Road Center for International Cooperation and Facilitation (BRCICF) in 2019, aiming to connect the government and enterprises and provide high-quality professional services to Chinese and foreign participators seeking to explore the opportunities brought by the BRI.

22 January 2024

In the era of globalisation, cross-border business interactions and rising international commercial activities present vast opportunities for Chinese enterprises.

19 December 2023

This newsletter is designed to support you in your roles as you lead your organisations through corporate governance matters, both now and in the future.

13 December 2023

In our last edition of M&A in the City for 2023 we reflect on the year that has been and discuss for what’s in store for 2024.

29 November 2023

The reality of the ground we need to cover to reach global decarbonisation targets is driving policies, investment and innovation. To do this effectively and within desired timeframes it’s critical that we embrace collaboration by working together, sharing knowledge and simply connecting people.

24 November 2023

King & Wood Mallesons is delighted to be a contributor of the "China: Law & Practice" and "China：Trends and Developments" Chapters of Chambers "Banking & Finance 2023" Global Practice Guide, published by Chambers and Partners recently.

23 November 2023

Intellectual property stands as a pivotal driver of scientific and technological progress, safeguarding the rights and interests of innovators, fostering fair competition, and ensuring healthy economic development.

15 November 2023

Renowned legal rating agency Chambers and Partners recently released the global practice guide "Joint Ventures 2023," covering 15 jurisdictions. King & Wood Mallesons (KWM) was invited to contribute to the "China" chapter of this guide.

06 November 2023

Our annual flagship publication The Review: Class Actions in Australia 2022/2023 considers judgments, events and developments between 1 July 2022 and 30 June 2023.

11 October 2023

In what seemed like moments before we were about to hit ‘send’ on this year’s update, the Government released its long-awaited response to the Privacy Act Review Report.

06 October 2023

OnBoard delivers our leading market insights purposefully curated for directors, general counsel and company secretaries.

26 September 2023

This year, opportunity is in the eye of the beholder. Directors and senior business leaders are asking themselves: is time to swim hard or tread water in the hope that conditions will improve?

04 September 2023

The past four decades have seen transformation in rapid development, and surging progress through strenuous efforts. Now, we stand on the threshold of a new era marked by succession in a large number of private enterprises.

22 August 2023

In the guide, we present the latest information on China's merger control regime and introduce China's foreign direct investment regime and national security review.

10 August 2023

King & Wood Mallesons is delighted to be a contributor of the “China: Law & Practice” Chapter of the Chambers “Product Liability & Safety 2023” Global Practice Guides, published by Chambers and Partners recently. Our China Law & Practice chapter provides a comprehensive overview of China’s legal regime of product liability, covering the general legal framework, dispute settlement procedures, common claims and defenses, and recent regulatory highlights. dispute resolution and litigation

21 July 2023

Professional services organisations have developed a strong appetite in defining, capturing and reporting on the environmental and social impact of their operations and advice they offer clients.

17 July 2023

King & Wood Mallesons (KWM) provides legal services for the Belt and Road Initiative (BRI) projects in an active response to the BRI proposed by President Xi Jinping in 2013.

14 July 2023

Asia’s focus on post-pandemic recovery and economic growth is fuelling a rise in cross-border financing. To help clients navigate the nuances of working across many Asian jurisdictions, we have developed a series of Guides to Taking Security in Asia.

05 July 2023

Renowned legal directory Chambers and Partners recently released the global practice guide “Tax Controversy 2023”, covering 32 jurisdictions. The King & Wood Mallesons (KWM) tax team was invited to contribute to the “China” chapter of this guide. The guide provides the latest information on causes of tax controversies, including tax audits, administrative appeals and litigation, judicial litigation, alternative dispute resolution (ADR), criminal tax offences, cross-border tax disputes, international tax arbitration options, etc. The KWM tax team is known for the diversity and breadth of its experience in all aspects of Chinese and international taxes. The team provides tax advice and dispute solutions in a combined context of tax, accounting and legal aspects, and is particularly well versed in representing clients in tax audit defence, transfer pricing negotiation support, tax appeal and litigation cases. The KWM tax team consists of nearly 40 experienced PRC tax attorneys. The team is well versed in Chinese tax laws and regulations, and has extensive expertise, hands-on experience and deep understanding of clients’ needs. Besides tax dispute resolution, their tax practice spectrum also covers tax advice for M&A transactions, tax risk management and business advice, etc., and has been well recognised as a market-leading tax practice in the Chinese Mainland. tax-tax dispute resolution

05 July 2023

OnBoard delivers our leading market insights purposefully curated for directors, general counsel and company secretaries.

28 June 2023

In this edition we look at the themes in a bumper few months for commodity and resources dealmaking in particular. We’ll also dive into schemes of arrangement, talk public M&A tactics and bring you the latest global soundings with a report from the International Bar Association’s M&A conference in New York.

21 June 2023

The dawning Fourth Industrial Revolution, or Industry 4.0, brings unique opportunities and challenges to the automotive industry.

20 June 2023

King & Wood Mallesons (KWM) provides legal services for the Belt and Road Initiative (BRI) projects in an active response to the BRI proposed by President Xi Jinping in 2013.

23 May 2023

The Indian data centre market has attracted significant interest from foreign investors. This, in part, is due to the efforts of the Indian government to significantly improve the country’s IT infrastructure under the National Digital Transformation Programme, as well as recently-passed data localisation laws and the growth of the e-commerce and FinTech solutions sectors. In this short guide, we share our insights on the key considerations for foreign investors pursuing data centre opportunities in India, such as structuring, financing (equity and debt) and regulatory considerations. As investors, developers, contractors and operators in the digital infrastructure sector globally look to improve the sustainability of their digital infrastructure assets, demand will increase for businesses engaged in creating solutions for efficient data storage and management.

10 May 2023

King & Wood Mallesons (KWM) provides legal services for the Belt and Road Initiative (BRI) projects in an active response to the BRI proposed by President Xi Jinping in 2013.

06 May 2023

A new more rigorous and consequential age has begun for companies’ climate and sustainability considerations.

04 May 2023

KWM’s newsletter for venture capital backed companies, smart capital and crypto.

26 April 2023

King & Wood Mallesons is delighted to be bringing you this third edition of the Insurance Pocketbook.

04 April 2023

OnBoard delivers our leading market insights purposefully curated for directors, general counsel and company secretaries.

30 March 2023

Building on our depth of capability and experience in this area this guide provides an introduction to the legal issues and practical processes involved in making or responding to an offer to acquire control, by way of scheme of arrangement or takeover, of a publicly-listed entity in Australia.

13 March 2023

For those considering investing in Australian real estate assets, Investing Down Under offers an overview of the initial legal, taxation and structuring issues to consider.

28 February 2023

Coming into 2023, macro-economic headwinds - inflation, rising interest rates, and unrest overseas – are still lingering from the previous year. Will we see a renewed surge of M&A activity, will the market remain as is, or will we return to pre-2021 deal activity (or worse)? It’s anyone’s guess.

16 February 2023

The use of public-private-partnerships or PPP’s as a model for the delivery of infrastructure has been constantly evolving, but no more so than in the past few years across all asset classes and sectors.

13 February 2023

ICLG - Cybersecurity 2023 covers common issues in cybersecurity laws and regulations, including cybercrime, applicable laws, preventing attacks, specific sectors, corporate governance, litigation, insurance, and investigatory and police powers in 21 jurisdictions.

10 February 2023

In this edition of Bullseye, we look at the key opportunities we expect to shape Australian deal trends for financial sponsors and the key uncertainties and regulatory changes creating headwinds which financial sponsors will need to successfully navigate.

09 February 2023

The Cybersecurity 2022 guide released by Chambers and Partners features 19 jurisdictions.

09 February 2023

The Artificial Intelligence 2022 guide released by Chambers and Partners provides the latest legal information on industry use of AI, machine learning, AI regulatory regimes and legislative developments.

08 February 2023

ICLG - Cybersecurity 2022 covers common issues in cybersecurity laws and regulations, including cybercrime, applicable laws, preventing attacks, specific sectors, corporate governance, litigation, insurance, and investigatory and police powers in 23 jurisdictions.

07 February 2023

ICLG - Data Protection 2022 covers common issues including relevant legislation and competent authorities, territorial scope, key principles, individual rights, registration formalities, appointment of a data protection officer and processors in 33 jurisdictions.

06 February 2023

This article provides a high-level overview (including a visual guide) of the Basel Committee’s final standards on the regulatory capital and prudential treatment of cryptoasset exposures, which were published on 16 December 2022 (“Basel Cryptoasset Standards”). Under the new Basel prudential standards, unbacked cryptoassets (such as Bitcoin) and stablecoins with ineffective stabilisation mechanisms will be subject to a conservative regulatory capital and prudential treatment. The globally-agreed implementation date for the Basel Cryptoasset Standards is 1 January 2025.

06 February 2023

GLI - AI, Machine Learning & Big Data 2022 released by Global Legal Group covers trends, ownership/protection, antitrust/competition laws, board of directors/governance, regulations/government intervention in 24 jurisdictions.

05 February 2023

The Asia-Pacific Antitrust Review 2022 edition of Global Competition Review Insight is one of a series of publications that also covers the Americas and Europe, Africa and the Middle East.

04 February 2023

The Cybersecurity 2021 guide released by Chambers and Partners provides the latest legal information on data protection authorities, denial of service attacks, the internet of things (IoT), data security incidents and breaches, network monitoring for cybersecurity, and cyberthreat information sharing arrangements.

03 February 2023

ICLG - Cybersecurity 2021 covers common issues in cybersecurity laws and regulations, including cybercrime, applicable laws, preventing attacks, specific sectors, corporate governance, litigation, insurance, and investigatory and police powers – in 26 jurisdictions.

02 February 2023

ICLG - Data Protection 2021 covers common issues including relevant legislation and competent authorities, territorial scope, key principles, individual rights, registration formalities, appointment of a data protection officer and processors in 34 jurisdictions.

01 February 2023

GLI - AI, Machine Learning & Big Data 2021 released by Global Legal Group covers trends, ownership/protection, antitrust/competition laws, board of directors/governance, regulations/government intervention in 24 jurisdictions.

31 January 2023

We set out in this article the background to, and the expected effects of, the US CHIPS Act aimed at boosting domestic US research and manufacturing capacity in relation to semiconductors, and its effect in China Mainland and potentially Hong Kong SAR. If you have any questions or feedback, please get in touch.

20 January 2023

OnBoard delivers our leading market insights purposefully curated for directors, general counsel and company secretaries.

19 December 2022

Business is navigating a moment of great responsibility. In response, at KWM we’ve brought the goals of doing well and doing good together under the umbrella of Responsible Business. NEXT is a publication to build on this, sharing ideas and stories that show how this approach can benefit organisations, their stakeholders and communities.

08 December 2022

In this publication we provide an outline of the key legal, social and tax considerations relevant to doing business in Australia. We share our industry experts’ knowledge and insight into issues and trends impacting sectors, including Food and Agribusiness, Energy and Resources, Infrastructure and FinTech.

06 December 2022

Climate change related legal action is a real and growing threat. Businesses in Asia and across the globe are subject to increasingly stringent disclosure requirements relating to environmental, social and governance issues and will be held accountable for misstatements and false representations. As the world rallies to achieve net zero emissions, legal action has moved beyond the purely punitive or remedial to become a much more dynamic and strategic tool for bringing about broader change. It is not just the outcome of litigation that is important. In an age of social media, the activism and attention that climate related litigation generates can be just as (if not more) significant than a court judgment for ‘win’ or ‘lose’. In this article, we consider the implications of climate related litigation and the strategies that can be used to help mitigate the risks.

28 November 2022

On 20 November 2022, the requirements relating to management and disclosure of climate-related risks by fund managers (with less than HKD8 billion AUM) under the updated SFC’s Fund Manager Code of Conduct started to apply. This KWM Brief Sheet sets out 10 points on climate-related compliance and risk disclosure for fund managers under the current SFC regime in Hong Kong.

24 November 2022

The Hong Kong Government has now made clear its policy stance and approach towards developing a vibrant sector and ecosystem for virtual assets (VAs) in Hong Kong. In this alert, we summarise the state of play in Hong Kong across the following key areas:

11 November 2022

With a trading volume of EUR 245.7 billion in 2021, China is the most important trading partner of Germany.

03 November 2022

The new Government has taken a ‘steady as she goes’ approach to the October 2022-23 Federal Budget emphasising its fiscal responsibility credentials and providing certainty to the community that it will constrain excessive spending to help reduce inflation.

25 October 2022

In this short guide, we share our insights on the key considerations for foreign investors pursuing data centre opportunities in Vietnam.

12 October 2022

With the ever-quickening pace of technological change, it is as vital a time as ever to look at the current state of privacy law and prepare for its next evolution.

04 October 2022

On 2 September 2022, the 18 Measures for Supporting the Linked Development of Shenzhen and Hong Kong Venture Capital Investments in Qianhai by the Authority of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Municipality and the Financial Services and the Treasury Bureau of the Government of the Hong Kong Special Administrative Region (“Hong Kong”) (the “18 Measures”) came into effect. These measures, promulgated by the Authority of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Municipality (the “Qianhai Authority”) in conjunction with the Financial Services and the Treasury Bureau of the Government of Hong Kong (“FSTB”), provide a framework for the implementation of the Plan for Comprehensive Deepening Reform and Opening Up of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, and will be effective for the next three years. It is anticipated that the 18 Measures will harness resources from Shenzhen and Hong Kong and facilitate cooperation across the two cities on innovation and technology, ultimately breeding an international venture capital hub in Qianhai.

30 September 2022

KWM’s newsletter for venture capital backed companies, smart capital and crypto.

26 September 2022

Welcome to The Review – Class Actions in Australia 2021/2022, in which we consider significant judgments, events and developments between 1 July 2021 and 30 June 2022.

15 September 2022

Artificial intelligence (AI) systems can create music, paintings, poetry and books. Such systems have created works based on Dutch masters’ paintings, Kayne West rap lyrics and research texts about lithium-ion batteries.

15 September 2022

Automated vehicles (AVs), being vehicles which are capable of operation without complete reliance on a human controller, are becoming increasingly prevalent.

15 September 2022

In this report, we explore opportunities for Australia and China to work together and share knowledge to achieve net zero. We shine a light on examples to inspire and inform others.

14 September 2022

In the midst of a crypto market downturn, further turbulence for the industry has formed. Tornado Cash, a mixing service for cryptocurrencies has been sanctioned by the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”).

06 September 2022

In this alert we explain what investors need to know about China’s National ETS – what it covers, how it operates and the opportunities that it presents. China is the world’s largest producer of wind and solar energy and its market-leading technology industries will drive clean energy transition.

24 August 2022

In recent years, China’s private equity (PE) fund industry has grown more professional and regulated. The implementation of various important measures has guided the healthy and orderly development of the industry.

16 August 2022

Home to more than 86 million people with a GDP of USD1.6 trillion – 11% of the combined GDP of China and Hong Kong – the GBA plays an increasingly significant role in the overall development of China. What were separate cities competing for business are now part of an increasingly integrated and world-leading region.

03 August 2022

Hong Kong has long been an innovator when it comes to moving value at speed: from providing the launchpad for the world’s most used smart card system (Octopus) to implementing one of the earliest regulatory structures for virtual banking globally in 2000 (further enhanced in 2018 as part of a package of smart banking initiatives). Hong Kong also has a longstanding digital equivalence law – critical to digital transactions.

03 August 2022

The German Schuldscheindarlehen (SSD) is essentially an assignable loan placed with professional investors. It offers borrowers a financing option that combines elements of syndicated loans with improved transferability. SSD are a well-established financing tool that allows borrowers to tailor the terms and conditions of the loan to the specific situation. Typically, one lender is acting as arranger, and transfers portions of the loan to other lenders post-closing.

19 July 2022

This year, we explore how Australia’s senior business leaders and their organisations are identifying and pursuing opportunities for growth, and becoming more resilient in responding to new and evolving challenges in uncertain times.

13 July 2022

Germany is an important destination for Chinese investors. Chinese M&A investments in Germany increased from 8 in 2010 to 68 in 2016. Despite a decline in 2020 due to the COVID-19 pandemic and other reasons, the number of such projects started to pick up in 2021.

18 June 2022

Business is navigating a moment of great responsibility. On the issues that matter - like climate change, economic security and social equality – business is being called to lead.

15 June 2022

South & Southeast Asia is one of the fastest-growing markets for data centres in the world.

24 May 2022

Inside this second edition of the Insurance Pocketbook you will find editorials from our team, short papers on legislative reform and industry trends, and consumable summaries of significant cases.

14 April 2022

Our report on climate-related disclosure and governance trends of the ASX50 in 2021 includes:

31 March 2022

As China continues to strengthen its anti-monopoly efforts and prevent the disorderly expansion of capital, the country’s anti-monopoly enforcement system has undergone tremendous changes. The year 2021 witnessed the introduction of the Anti-monopoly Guidelines for Platform Economy, the Draft Revisions to the PRC Anti-monopoly Law, and local compliance guidelines, as well as the official establishment of the State Anti-monopoly Bureau. All the changes herald the dawning of tightened anti-monopoly regulation. For enterprises, anti-monopoly compliance should be their top priority.

12 March 2022

As an emerging market, China is experiencing changes in its capital markets as well as improvement in its legal regulation in this field. Regulatory mindset and market players are also developing constantly. In the context of the registration-based IPO system, our protection of securities investors and regulation on information disclosure remain at the primary stage, so do the judicial remedies for securities investors, such as the securities class action system. It is imperative to further clarify and refine the issues as to how intermediaries can better play the role of “gatekeepers” in the capital market, assume due responsibilities in the capital market, and perform due diligence in listed companies’ application for issuance and information disclosure, and how to define the responsibilities and duties among intermediaries, and between intermediaries and issuers.

25 February 2022

As we jump into the year ahead, KWM is delighted to share with you our analysis in M&A in the City – a concise outlook for M&A in 2022, aligned around five key areas we expect to be the most exciting – Data & Tech, ESG, Health, Superfunds & Private Capital, Government.

08 February 2022

In November 2020, the King & Wood Mallesons International Legal Service Center for Digital Economy (the “Center”) released the Cybersecurity, Data Compliance and Governance in the Digital Society to provide insights into the legislation, enforcement and other legal issues in artificial intelligence, data compliance and cybersecurity.

22 December 2021

Whilst a unified National ETS is new to the Mainland, the concept and operation of a carbon market is not. The Mainland started to explore carbon emission trading a decade ago when the National Development and Regulatory Commission approved several regional pilot markets for trading carbon emissions allowances ("CEAs") in 2011. Those pilot schemes have been successful and continue to operate in parallel with the new National ETS. The long term goal is for the regional pilots to be consolidated into the National ETS which will be a cornerstone in the Mainland's policy for combatting climate change.

09 November 2021

Gain a deeper perspective on emerging digitisation considerations around privacy, and cyber risk and its litigation potential. We look at the climate challenge from both business and political perspectives, and explore the communication challenge for any business facing a crisis.

18 October 2021

Since the introduction of the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area, a series of supporting policies and initiatives have been rolled out to boost the integrated development of the Guangdong-Hong Kong-Macao Greater Bay Area (GBA), one of the most open and economically dynamic regions in China nowadays.

24 June 2021

In the year 2020, the world was hit hard by the unprecedented COVID-19 pandemic. No part of the economy was shielded from the pandemic. Despite the challenges, the BRI construction continued in a proactive and reality-based manner, demonstrating strong resilience and vitality. The progressing of the BRI added great momentum to the global pandemic fight and the economic stability.

29 April 2021