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Another hot topic for insurers – is combustible cladding the next big risk?

What are the legal and insurance implications of the recent furore regarding cladding in Australia? This was considered at a Norton Rose Fulbright panel discussion, “What does the future hold for cladding in Australia?”, by partners John Moran, Emmanuel Confos and Katherine Morris, and Christina Knorr, Chief Fire Engineer at Stephen Grubits & Associates. The … Continue reading

Self-driving vehicles: hands on or hands off?

90% of road accidents are attributable to driver mistakes.  Yet, as Dr Mark Rosekind – Chief Security Innovation Officer at autonomous technology start-up Zoox, and Administrator of the US National Highway Traffic Safety Administration under President Obama – recently commented,  “self-driving cars will not speed, or get drunk, or get drowsy, or make bad decisions”. … Continue reading

Millennials don’t have time for breakfast – so what do they have time for?

This was the topic of a panel discussion at Dive In 2017, the festival for diversity and inclusion in insurance. On 28 September 2017, panellists James Harmer (JLT), Nikki Heald (Corptraining) and Demetrio Zema (Law Squared), along with moderator Reece Corbett-Wilkins (Norton Rose Fulbright), discussed how the next generation of professionals will change the landscape … Continue reading

Dive In 2017: D&I as a client acquisition strategy

“Our clients aren’t just expecting that we engage with diversity & inclusion issues. Our clients are now demanding that we build truly diverse teams,” said Tricia Hobson, Partner and Chair of Norton Rose Fulbright, speaking at Dive In 2017 – the festival for Diversity & Inclusion in Insurance. At Dive In’s Innovation Through Diversity session, … Continue reading

Dive In 2017 – only days away

Dominic Christian, Chair of Inclusion @Lloyd’s and CEO of Aon, UK, recently wrote: “Our world, as we know it, is growing ever more complex and uncertain with threats as diverse as climate change and cyber crime. Keeping pace with the rate of change from a risk perspective is a challenge that needs the brightest and … Continue reading

Top 5 Tips for responding to a Data Breach

With mandatory data breach notification legislation shortly coming into effect, timing will become critical when it comes to responding to incidents. Come 22 February 2018, organisations and agencies subject to the Privacy Act 1988 will be required to conduct an assessment of whether an eligible data breach has occurred within 30 days of becoming aware … Continue reading

Game of Drones – what does the rise of the drone mean for insurers?

Unmanned aerial vehicles (UAVs), remotely piloted aircraft (RPAs) or drones – however you choose to refer to them, are big business. They’re being used increasingly in the commercial world – from mining and agriculture, to tourism, sports and entertainment. But that’s not all. Your ten year old niece or nephew probably has one which they … Continue reading

The ABCs of legal writing

Immortalised in the George and Ira Gershwin song “Let’s call the whole thing off” is the disparaging of different approaches to pronunciation; “You like potato and I like potahto, You like tomato and I like tomahto, Potato, potahto, tomato, tomahto!” According to Wikipedia, the Gershwin song intentionally uses a non-standard pronunciation as an exaggeration of … Continue reading

What makes the transport industry so vulnerable to cyber-attacks?

Danish shipping giant Maersk has reported that the recent cyberattack which shut down its computer systems has cost a massive USD200-300 million in lost revenue, due to business interruption. Maersk is one of the world’s top two shipping lines, holding approximately 18% of the global container trade market. The ‘Petya’ / ‘NotPetya’ cyber-attack hit Maersk … Continue reading

First ‘WannaCry’ and now ‘Petya’ – Just another day in the office (unless you have been impacted)

Just when we thought we had seen the back of ‘WannaCry’, on 28 June 2017 news broke of yet another large scale ransomware outbreak spreading its way across networks throughout the globe. Although it is early days, this is what has been reported so far: The ransomware, known as ‘Petya’, was first reported in Ukraine … Continue reading

Why I did a Jawun secondment

As an insurance lawyer, my day job requires me to engage with insurer clients, insureds and combative co-litigants.  Unfortunately, this reality means there is little room to build a strong sense of social conscience.  I would venture to say that I am not alone among my colleagues in admitting that, at times, I am overcome … Continue reading

Marketing Class Actions: A New Frontier

A new type of product claim is emerging in the Australian class action market; one which has been part of the US class action landscape for many years. Unlike previous product class actions where the safety of the product was typically in issue, the new product claims focus on statements/ representations made in the marketing … Continue reading

Aon’s 2017 Global Risk Management Survey: Innovation cuts both ways

Aon has recently released its 2017 Global Risk Management Survey indicating risk trends and insights, based on a survey of over 2000 risk decision makers from more than 33 industry sectors and 60 countries globally. Responding risk managers, CROs and CFOs provided feedback and insight on their insurance and risk management choices, interests and concerns … Continue reading

Making a difference – beyond the world of insurance

I was way out of my comfort zone in Johannesburg earlier this year.  Instead of my usual routine – daycare drop off, morning coffee, overflowing inbox – I found myself digging foundations, making bricks and painting, with more than 160 of my Norton Rose Fulbright colleagues. Why?  To take part in building a children’s home … Continue reading

Super FOS to the rescue?

Budget 2017 and the “Super FOS” scheme Labelled “Super FOS” by industry stakeholders, the government has announced in last night’s federal budget the establishment of a one-stop shop to cover all disputes in the financial system. Arguably a diversion from Labor’s call for a banking royal commission, Super FOS – to be known as the … Continue reading

Climate Change Risk: what it means for Australian Boards and their D&O insurers

Progressive corporations are now focused on Environment and Social Risk Governance (ESG) criteria as an important indicator of business performance.  Evaluation of which environmental risks might affect a company’s income and expenses, and how to manage those risks, are important issues for socially aware investors in driving investment decisions.  In the coming decade – as … Continue reading

Cyber Security GLOBAL FAST FOUR – Friday 28th April 2017

In this article we give a wrap-up of four recent events in the cyber and data breach space, both locally and internationally. Australia-China cybersecurity agreement On 24 April 2017, the Government announced its plan to work alongside China towards enhancing cybersecurity cooperation between the two countries. The agreement follows a meeting between Prime Minister Turnbull … Continue reading

ASX100 Cyber Health Check Report: more work needed to improve resilience

The ASX has recently released the much anticipated report on the results of its 2016 Cyber Health Check Survey for ASX100 companies. The report seeks to provide Australian organisations with a baseline so that Boards can better understand how their peers are responding to the opportunities afforded by the digital economy and managing their exposure … Continue reading

Go Fund Me Litigation – Does it have an impact?

Crowd funding via the pooling of funds to initiate and maintain class actions has never been easier. Growth in technological advancement, beginning around the early 2000s, has provided the capability for online platforms to be used to finance projects.  Relevantly, these technological advancements have led to efficiencies in processes (business or otherwise) like never before. … Continue reading

International Women’s Day 2017: Why fixing women isn’t the answer

“The best people to break up the old boys’ club are the boys,” says Catherine Fox, one of Australia’s leading commentators on women and the workforce. Fox was guest speaker at Norton Rose Fulbright’s 2017 International Women’s Day event.  She is also a journalist and the author of the soon-to-be-released “Stop Fixing Women:  Why Building … Continue reading

“Personalities in the Law: The Lawyers”

With no medical or psychological training other that my 35 years on this earth, I strongly believe that the litigation process for any single claim is largely dependent on the personalities of those involved. This does not just include the clients (who are obviously emotionally involved in a dispute) but also the solicitors and even … Continue reading

Button your mouth: a cocktail mix of button batteries, magnets and children

In September 2016, the ACCC (Australian Competition and Consumer Commission) Deputy Chair, Delia Rickard, was reported as saying that “every week in Australia, twenty children are taken to emergency rooms after suspected exposure to button batteries … Children under the age of five are at the greatest risk…” As a product liability lawyer and the … Continue reading