The Future of Consumer – Asia-Pacific Predictions

Advertising and online trends in China

25 July 2022

Cathy Liu, Partner, Kewei, Shanghai

Confronting complexity in cybersecurity trends for the consumer sector

18 July 2022

​Cameron Whittfield, Partner, Melbourne and Peggy Chow, Of Counsel, Singapore 

Cameron Whittfield and Peggy Chow discuss the latest cybersecurity trends for consumer-facing companies including external threats which may include working with third parties and complex supply chains through to the malicious targeting of companies with ransomware, current affairs and social engineering, the cryptocurrency marketplace and geopolitical factors. They emphasise the importance of internal stakeholders speaking the same language when it comes to the intersection of technology and legal risks – and the oversight now expected of board members. The complexity of cybersecurity breach notifications and assessment is also covered in the context of differing requirements of regulators and across jurisdictions.

Employee engagement trends in the consumer sector

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.

The rise of the NFT marketplace

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.

Horizon scanning for consumer companies in China – key issues to watch

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. Investment activity in the consumer sector remains resilient, as China underlines it is open for business with a raft of measures to attract and retain foreign investment.

The surge of social commerce in Indonesia

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.

Greenwashing in the advertising and promotion of consumer goods

15 June 2022

Emma Iles, Partner, Melbourne and 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.

Anti-trust traps for sales and distribution models

1 June 2022

Adelaide Luke, Partner, Hong Kong and 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.

Identifying and resolving product liability issues in a digital world

1 June 2022

Dana Kim, Partner, Seoul and 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.

Managing and exiting distribution agreements

2 May 2022

James Allsop, Partner, Tokyo and Kathryn Sanger, Partner, Hong Kong

James Allsop and Kathryn Sanger 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.

Data privacy in targeted advertising - Current regulatory challenges and future directions

6 April 2022

Peggy Chow, Of Counsel, Singapore and 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.

IP trends driving differentiation in Australia and China

1 April 2022

Peng Lei, Partner, Kewei, Shanghai and Emma Iles, Partner, 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.

The ESG focus driving landscape-changing consumer sector M&A

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.

Climate change and ESG litigation trends in the consumer sector 

9 March 2022

Mark Smyth, Partner, Sydney and 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.