Catalyst // Recover...Rebuild...Reform...: Recent Episodes
Herbert Smith Freehills Podcasts
A series of thought leading podcasts ranging on topics and sectors by Herbert Smith Freehills. For more information please visit www.herbertsmithfreehills.com
In this session Danielle Kelly, our Director of Culture & Inclusion at Herbert Smith Freehills joins leading expert on Dementia Dr Jason Karlawish for an important and enlightening conversation on dementia and Alzheimers.
During this session Dr Karlawish breaks the disease down for us by exploring the types of Dementia, the role of a caregiver, the early signs of Dementia, the typical stages of Dementia and the medical tests used for dementia diagnosis.
For local resources in Australia, Dementia Australia represents the over 450,000 Australians living with dementia and the almost 1.6 million Australians involved in their care. Visit Dementia Australia website: www.dementia.org.au
The recent year has seen the world undergo unprecedented change with its impact on how and where we work, and the use of Artificial Intelligence and remote working environments continuing to evolve.
According to the recent Australian Human Rights Commission on the launch of its Report on Technology, 50% of Australian companies are already using AI to aid decision making.
To help successfully respond to these forces in both the public and private sectors, hear from Mark Rigotti, Partner and Senior Adviser in our Sydney office, in conversation with Michael Priddis, CEO of Faethm on the impact of automation on the workforce as a whole and demystify common theories.
Huge swathes of column inches have been dedicated to the UK government’s business interruption loan support schemes, but little has been said to date about the implications of these schemes unwinding. Jenny Stainsby is joined by James Palmer and John Chetwood to discuss the dual challenges of recapitalisation and managing financial distress.
With many of our clients preparing for or in the process of returning their workforce to their Australian-based offices, our Catalyst series is returning for 2021 to discuss the role of organisations and implications for the roll out of a COVID vaccine. Dr Andrew Ebringer, Regional Medical Director and Consulting Lead for Australasia at International SOS and Nerida Jessup, Special Counsel from our Sydney Safety team join host Drew Pearson, Partner in our Sydney Employment and Industrial Relations team to explore the complex considerations for employers considering the issue of COVID-19 vaccinations.
The final Catalyst podcast of 2020 focuses on:
- managing employment and IR issues in our new flexible working environment (Drew Pearson, Partner, Employment, IR and Safety);
- the disruption to class actions in Australia in the last 12 months (Christine Tran, Partner, Disputes);
- geopolitics and impacts on Australia (Rebecca Maslen-Stannage, Partner, Corporate) and
- optimism driven by record government infrastructure spending and fast-tracked demand for technology (Nicholas Carney, Partner, Projects).
This can be viewed as a Webinar here.
Greg Mulley, corporate partner in our London office, speaks to Sir Lynton Crosby of C|T Group on the outlook for politics and policy as 2020 draws to a close. Discussion includes:
- lessons and implications from the US elections for the rest of the world in terms of voting patterns and behaviour;
- prospects for Biden's build back better green agenda and its impact globally;
- the enduring impact of the pandemic on politics and public policy;
- what makes a great leader, what makes a great politician and what is the difference.
Leon Chung, partner in our Sydney office hosts international partners Weina Ye, Kewei, China and Joseph Falcone, New York, to discuss how political unrest has contributed to growing uncertainty in international trade and how this has affected Australian companies and what might happen next.
The issue of judicial appointments has attracted a lot of attention recently, with the expedited senate confirmation hearings for Amy Coney Barrett following the death of Justice Ruth Bader Ginsburg in the US and discussion about the appointment of Australia's next 2 High Court judges. These recent events have highlighted significant differences between Australia and the US in terms of the public and political attention given to judicial appointments.
Given the importance of the issues considered by judges on the Australian High Court and US Supreme Court, these issues have the potential to significantly impact civil, political and economic issues (such as border lockdowns, voting rights and reproductive rights) in both countries.
Join Leon Chung, Amelia Loughland, Graeme Johnson and Theo Varvaressos as they explore how judges are appointed in Australia and the USA, factors that impact on judicial appointments, and attempts to influence the court through judicial appointment and whether those have been successful.
In support of the National Breast Cancer Foundation, our Catalyst Webinar/Podcast series was taken over by our virtual Pink Ribbon event where we heard from three remarkable guests who work in the medical innovation and wellness spaces. Our guest speakers were:
Prof Sarah Hosking - CEO of the National Breast Cancer Foundation. In continuing our tradition of our Pink Ribbon event, Prof Hosking updated us on NBCF’s current focus and gave an insight into the challenges and achievements in running a not-for-profit business during Covid-19.
Prof Sandra O’Toole - Head of Translational Breast Cancer Research, The Garvan Institute of Medical Research & Senior Staff Specialist, Royal Prince Alfred Hospital. Prof O'Toole shared her story and firsthand experiences of hospital life and continuing breast cancer research during Covid-19. - See accompanying slides here
Dr Jemma King - Founder BioPsychAnaltyics, Research Fellow University Queensland and Lecturer Sydney University MBA.Dr King is a specialist in the field of Human Behaviour, Stress and Emotional Intelligence. She shared her top 4 practical, science based hacks, that you can start using right away to support you in living a healthier lifestyle. - See accompanying slides here
Breast cancer is the most commonly diagnosed cancer in Australia. The National Breast Cancer Foundation funds world-class research into the detection, prevention and a cure of breast cancer. The NBCF is committed to funding research to reach one determined goal: zero deaths from breast cancer by 2030.
Watchers and listeners are invited to donate to the National Breast Cancer Foundation to help further research into prevention and cure. Herbert Smith Freehills will make our usual gift donation to the Foundation.
Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.
In our final session covering the challenges and opportunities emerging from the Covid-19 pandemic and the impact on M&A in particular, this episode looks at merger control and foreign investment controls across EMEA and what effect the pandemic is having on transactions. This episode covers:
- The direction of travel in European merger control and how regulators have adapted to the pandemic;
- FDI regimes around the world and how governments have strengthened and used them during the pandemic;
- Issues for parties to M&A transactions to focus on in light of this;
- Tactical considerations for deals around the upcoming Brexit changes; and
- What the new UK national security and investment regime might look like and the possible impact on transactions.
This episode is chaired by Caroline Raeand she is joined by Veronica Roberts and Hubert Segain of Herbert Smith Freehills and Gregor Irwin of Global Counsel who share their experiences and views.
Head of our Disputes Practice in Perth Elizabeth Macknay speaks with Mark Rigotti, as he steps into his new role as a Partner and Senior Adviser with the Firm. As the immediate past Global CEO of Herbert Smith Freehills, Mark gives us his insights on some of the trends he is seeing across the Australian market, and will also reflect on the recent Federal Budget announcement and its impact, with a focus on the key themes of Investment and Governance.
Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.
This episode looks at distressed M&A, and the challenges and opportunities it brings. The webinar will cover:.
- The basics of a distressed M&A deal;
- Quasi distressed transactions and other options available to companies in crisis;
- Issues for buyers;
- Regulatory relaxations in distressed situations;
- Comparisons to US Chapter 11;
- European trends;
- The impact of the latest changes to insolvency legislation.
This episode is chaired by Caroline Raeand she is joined by Greg Mulleyand Kevin Pullenof Herbert Smith Freehills and Simon Edel, a partner in Turnaround & Restructuring Strategy at EY, who share their experiences and views. This episode is accompanied by our Exploring opportunities: Investments and acquisitions online guide.
Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.
This episode looks at public M&A across EMEA and what effect the pandemic is having on transactions and activity. The episode will cover:
- Public M&A activity levels
- The re-emergence of financial buyers
- The pressures on listed companies
- Valuation issues
- Material adverse change (MAC) conditions
- The role of shareholders on public M&A
The episode is chaired by Caroline Rae and she will be joined by Robert Moore, Sönke Becker and others from across our EMEA network who share their experience and views.
Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.
Digital transformation was high on the board agenda before Covid-19, but the pandemic has placed even greater emphasis on the benefits that technology can bring. Optimising existing business models, generating new sources of revenue and building operational resilience are now, more than ever, imperatives for all businesses.
This has driven many to rethink and accelerate their digital strategies. However, to succeed with their digital transformation, businesses need to successfully navigate a range of legal, regulatory and ethical challenges relating to both the technologies that businesses are looking to adopt and the broader business transformation that must take place – to people, processes and property – to embed that technological change.
This episode is chaired by Alex Cravero, UK/US & EMEA Lead for our Digital Law Group, who is joined by Nick Pantlin, David Coulling, Miriam Everett and Rachel Lidgate, all of whom are leading practitioners from across the firm's Technology, Digital & Data and Disputes practices
Rachael McCarthy, Studio Director at Bates Smart, joins a panel of our Employment, IR and Safety experts, including Drew Pearson (Partner), Aaron Anderson (Partner) and Sophie Beaman (Senior Associate), to discuss a range of topics covering workplace design, employment and safety law and a practical operations perspective.
Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.
This episode looks at M&A opportunities across EMEA and what is changing in deals. Whilst, as anticipated, we are seeing distressed M&A, there is plenty of “business as usual” activity too, including deals that went on hold during lockdown or have been revived where the pandemic has operated as a driver. We are also seeing governments as parties in M&A, acting to protect companies and sectors of particular national importance or critical sensitivity. This episode is accompanied by our Exploring opportunities: Investments and acquisitions online guide.
This episode is chaired by Gavin Davies, Global Head of M&A at Herbert Smith Freehills. He is joined by Caroline Rae, Sönke Becker, Frédéric Bouvetand Lorenzo Parola, as well as Rebecca Perlman, who share their experience and views from across the EMEA region.
Building from the themes discussed in our "Parenting and working from home" session, Dr Paula Barrett joins Merryn Quale, a partner in our Melbourne office for our next CATALYST webinar. Dr Barrett, an internationally recognised clinician, scholar and researcher in the field of child psychology speaks about positive coping skills to build resilience during these uncertain times.
Carla Liedtke, cyber security specialist from Control Risks is joined by our privacy expert, Kaman Tsoi, and IP Disputes partner, Rebekah Gay, to discuss cyber risk levels and activity in the wake of Covid-19 – cyber criminals really are thriving; what businesses can and should be doing to address these heightened risks; and what should you do if an attack does happen.
As Victoria settles into Stage 4 lockdown and Australia tries to keep new coronavirus outbreaks under control, many parents and carers are again facing the difficult juggle of work, parenting, and home-learning responsibilities. We want to support working parents and carers through this stressful and often tiring period.
Dr Michael Carr-Gregg, renowned psychologist, author, broadcaster, and children and families specialist, will join Heidi Asten, Partner in our Melbourne Environment, Planning & Communities team, to explore parenting skills, knowledge and strategies from a psychological perspective; setting the emotional tone and talking about COVID-19 with your children; resilience and self-care for parents; and your questions about parenting in lockdown.
Industry experts George Sutton, National Managing Partner - Business Risk at Grant Thornton, and Cory Davie, Managing Partner Australia Pacific at Control Risks join Merryn Quayle, Partner in our Melbourne Disputes team to explore risk and opportunity in a legal and broader commercial context, including how to re-position the relationship between risk and opportunity from ‘what could go wrong?’ to ‘what needs to go right?’
Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.
This episode looks at how the private equity industry in Europe has dealt with the crisis in the first 100 days or so and the role it will have to play as economies throughout the region emerge from hibernation.
We look back on the impact on live fundraising as well as liquidity pressures and responses before looking forward and discussing the role for private capital in the recovery. Areas of discussion include:
- Fund raising, liquidity and secondaries;
- A portfolio manager's perspective;
- The role of private capital in the recovery.
This episode is chaired by Jonathan Blake, who heads our international private funds strategy at Herbert Smith Freehills, who is joined by leading practitioners from across the firm's Corporate practice.
In the second episode of our horizon-scanning series of public law podcasts, Nusrat Zar and Shameem Ahmad are joined by James McBride from Hanbury Strategy, a strategic advisory firm that provides political insight and analysis. Together they will to look to the horizon and share their thoughts and analysis on the political and legal landscape after Brexit.
Don’t forget to subscribe to the channel to receive updates on future podcasts.
We will continue to develop insights to keep you abreast of legal issues arising from Covid-19 that are affecting your business now and those you may face next. You can find further resources on our Catalyst Hub.
hsf.com/catalyst
We welcome feedback so please do contact us if you’d like to discuss any of the topics in this podcast series or to suggest topics for future episodes.
Speakers: Nusrat Zar (Partner), Shameem Ahmad (Associate), James McBride (Hanbury Strategy)
In the third episode of our horizon-scanning series of public law podcasts, Nusrat Zar and Shameem Ahmad are joined by James McBride from Hanbury Strategy, a strategic advisory firm that provides political insight and analysis. Together they will to look to the horizon and share their thoughts and analysis on the post-general election agenda.
Don’t forget to subscribe to the channel to receive updates on future podcasts.
We will continue to develop insights to keep you abreast of legal issues arising from Covid-19 that are affecting your business now and those you may face next. You can find further resources on our Catalyst Hub.
hsf.com/catalyst
We welcome feedback so please do contact us if you’d like to discuss any of the topics in this podcast series or to suggest topics for future episodes.
Speakers: Nusrat Zar (Partner), Shameem Ahmad (Associate), James McBride (Hanbury Strategy)
In the first episode of our horizon-scanning series of public law podcasts, Nusrat Zar and Shameem Ahmad are joined by James McBride from Hanbury Strategy, a strategic advisory firm that provides political insight and analysis. Together they will to look to the horizon and share their thoughts and analysis on the political and legal landscape after Covid-19.
Don’t forget to subscribe to the channel to receive updates on future podcasts.
We will continue to develop insights to keep you abreast of legal issues arising from Covid-19 that are affecting your business now and those you may face next. You can find further resources on our Catalyst Hub.
We welcome feedback so please do contact us if you’d like to discuss any of the topics in this podcast series or to suggest topics for future episodes.
Speakers: Nusrat Zar (Partner), Shameem Ahmad (Associate), James McBride (Hanbury Strategy)
Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.
The pandemic has naturally focused attention on health and safety, and human rights. In doing so, the ESG dialogue has in turn drawn "S" factors out from the shadow of the “E” and the “G”. It has also revealed the potential for business to reduce the scale of its environmental impact, and made us all more aware of the risks posed by “black swan” events and existential threats, such as climate change.
In this episode, we share some perspectives on how businesses and investors can develop a robust approach to the ESG risks and opportunities presented by the pandemic in the short-term and in the months ahead, as we head into the recovery phase.
The episode draws on the wide-ranging experiences of our speakers. Herbert Smith Freehills corporate lawyer, Rebecca Perlman, is joined by experts, including:
- Philip Collins, Columnist at The Times and former chief speech writer to Tony Blair; and
- Will Martindale, Director of Policy & Research at the UN Principles for Responsible Investment.
In advance of the episode, we would recommend reading this piece co-authored by Mr Collins with his colleagues at The Draft. The piece suggests that three key principles will emerge from the pandemic and underpin the recovery - cleaner growth, fairer growth, and caring growth. The piece also touches on some of the ways in which businesses can approach the question of corporate purpose.
Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.
The pandemic has caused huge disruption to economic activity around the world, and many businesses continue to face challenges to their operations on a day-to-day basis. For these businesses the possibility of litigation may seem a distant threat. However, the pandemic has created fertile ground for claims to be brought against companies of all shapes and sizes, and in some areas claims are already starting to materialise. In this episode we consider some of the areas in which we might see claims including:
- Employee claims;
- Securities class actions;
- Data protection and privacy class actions; and
- Public sector claims and potential public inquiries involving commercial organisations.
We look briefly at issues companies might face in looking to their insurance to mitigate disputes risk, and will also consider the growing number of competition class actions (both Covid-related and beyond) and what this might mean for businesses.
This episode is chaired by Alan Watts, who heads our UK class actions practice at Herbert Smith Freehills, who is joined by leading practitioners from across the firm's Disputes practice.
In this episode of our public law podcast, Andrew Lidbetter, Nusrat Zar and Anna Eliasson discuss the scope for regulators to go back on concessions they have suggested to those they regulate. In doing so, they look at the nature of these statements; how they might amount to obligations; when they can be frustrated; and three key things businesses can do to preserve their positions.
We will continue to develop insights to keep you abreast of legal issues arising from COVID-19 that are affecting your business now and those you may face next. You can find further resources on our Catalyst Hub.
We welcome feedback so please do contact us if you’d like to discuss any of the topics in this podcast or to suggest topics for future episodes.
Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.
In this episode we partner with global communications firm Edelman to explore the legal and reputational risks arising from Covid-19 and share practical tips for managing these risks.
Covid-19 creates legal and reputation risk across almost all aspects of all businesses, across almost all sectors. Businesses are grappling with unique challenges - all with no historical precedent for guidance - ranging from protecting employees from a potentially lethal virus, to remote working and data-security, supply chain collapse, ever-changing regulatory guidance and, for many, a sharp drop in business value. With the breadth of individuals and businesses affected, the potential for damaging, public, group litigation is higher than ever.
This episode will help you to identify the key legal and reputation risks that you will need to take into account when formulating a forward looking strategy to deal with Covid-19. It will help you make the right decisions now to protect your business in future.
Speakers: Natasha Johnson, Herbert Smith Freehills, Alan Watts, Herbert Smith Freehills, Patricia Nacimiento, Herbert Smith Freehills, Antony Dunkels, Edelman, Iain Dey, Edelman
On 1 May 2020,Justin D'Agostino began his role as the new Hong Kong based Global CEO of Herbert Smith Freehills. This was no ordinary start to a leadership role, with his first day in March as transitional chair of the firm's Executive team marked by the WHO's declaration of a global pandemic.
Interviewed by Singapore partner Fatim Jumabhoy, Justin will share how he adapted his thinking and direction to lead a global organisation – and a new leadership team – through one of the most extraordinary periods of recent history, and why keeping our people connected and caring for each other was critical to the firm's approach and success to date.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges and opportunities presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series (Global) page.
This episode reflects the shift of focus from dealing with near-term liquidity concerns, to ensuring longer term viability and recovery. We consider some of the options available to companies in this recovery and repair phase, including in relation to:
- Accessing existing and new credit facilities, including private placements;
- Accessing new equity capital;
- Accessing government schemes and the implications of regulatory action;
- Supply chain and creditor behaviour;
- Preserving cash and improving working capital (eg via deferring pensions contributions); and
- The impact on supply chain and creditor behaviour.
This episode has a UK focus, however, we will shortly be releasing a new guide on repairing the balance sheet which will also have regional insights from EMEA and beyond.
The episode is chaired by Kristen Roberts, Partner of Herbert Smith Freehills, who is joined by experts from Herbert Smith Freehills who share their experience from past downturns and the current crisis.
As the Australian market moves into the recovery phase of the COVID-19 pandemic, in this podcast our Healthcare Sector Lead Partner, Natalie Bryce and M&A Partner, Nicole Pedler explore the impacts of COVID-19 on the Healthcare sector, the emerging ‘new normal’ and the opportunities and challenges for M&A activity in this phase and beyond.
Many leaders are dealing with team members experiencing a range of emotions and reactions to this transition, ranging from anxiety to excitement, while also managing their own emotional responses.
Dr Chris Stevens (our in-house Psychologist) and Danielle Kelly (our Global Head of Diversity and Inclusion) will be interviewed by Nora Chlap (BD Director, Australia) and explore how leaders can help people through these times, as well as harnessing the agility and creativity that many of us have seen from the forced working from home period.
During this discussion our Head Office Advisory Team provide you with practical insights in relation to key governance related issues currently facing companies as a result of the COVID-19 pandemic and its broader impacts.
Join Carolyn Pugsley, Quentin Digby, Priscilla Bryans, Garth Riddell and Stefanie Wilkinson as they cover issues including market disclosure, dividends, AGM logistics, remuneration and incentives and top of mind issues for directors.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
This episode looks look at what we are beginning, and expect, to see next in terms of bailouts of specific businesses and industries which governments consider to be of strategic importance. Amongst other things, we discuss:
- what the options are for such a next phase of State-backed recapitalisations, including taking equity;
- practical considerations for companies as recipients of financial support or competitors/complainants, including the EU's most recent COVID-19 State aid guidelines; and
- recent bailout proposals for high profile companies in a number of major European jurisdictions.
This episode is chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills, who is joined by experts from Herbert Smith Freehills who share their experience from past downturns and the current crisis.
Carolyn Pugsley (Executive Partner and Joint Global Head of Practice in our Corporate team) is host to a panel of experts discussing digital transformation. Julian Lincoln (Partners in our Telecommunications, Media and Technology team) explores the cornerstones of digital transformation and the opportunities for businesses. Peter Jones (Partners in our Telecommunications, Media and Technology team) discusses key challenges to successful digital transformation, and Mark Robinson (Partners in our Telecommunications, Media and Technology team) provides a perspective from Asia including what he’s seeing from clients.
In this episode of our public law podcast, Andrew Lidbetter, Nusrat Zar and James Wood discuss the possible establishment of a public inquiry into the handling of the coronavirus pandemic.
In doing so, they look at the likely scope of any inquiry and consider the range of individuals and organisations – including commercial entities – who might be involved. In the podcast, Andrew, Nusrat and James also discuss the key implications and risks for those who might be involved, and consider some practical steps which are relevant at this early stage.
We will continue to develop insights to keep you abreast of legal issues arising from COVID-19 that are affecting your business now and those you may face next. You can find further resources on our COVID-19 Hub.
We welcome feedback so please do contact us (using the details below) if you’d like to discuss any of the topics in this podcast or to suggest topics for future episodes.
Speakers: Andrew Lidbetter (Partner), Nusrat Zar (Partner) and James Wood (Senior Associate)
Mark Rigotti (our past Global CEO for 6 years, having stepped down on 1 May 2020) shares his predictions for the new normal, focusing on two key business impacts resulting from the pandemic – the future of work and the reform opportunity - as well as the critical role of an engaged and motivated workforce in achieving a fast and positive recovery. Mark, now a partner and senior adviser with Herbert Smith Freehills, will be interviewed by Nicholas Carney (Partner) who will draw on Mark’s global experience and deep knowledge of the Australian market.
A lot has been said about the mining industry's current travails and what mining companies must do to survive. The question remains: what do we do after the lockdown? We find ourselves at another kairos moment in the World’s history - an important crossroads where we are afforded a brief opportunity to reflect on what a post-COVID-19 world should look like.
In this podcast, Patrick Leyden (Director, Herbert Smith Freehills) will moderate the discussion between Peter Leon (Partner and Co-chair of the Africa Practice Group, Herbert Smith Freehills), Fiona Perrott-Humphrey (Senior Mining Adviser, Rothschild) and Peter Attard Montalto (Director – Global Lead, Capital Markets Research, Intellidex) who will consider what the sub-Saharan Africa mining sector may look once the current lockdown period ends.
They will also indicate what steps sub-Saharan countries should take now to ensure that their mining sectors are placed on the correct trajectory to maximise future growth and development.
The emergency measures taken by all levels of governments in Australia in response to the pandemic have had a pronounced impact on the mining industry. The mining industry has sought to respond quickly to protect the health of its employees and local communities. These steps are in response to (and often ahead of) emergency measures and lockdowns implemented by governments.
Please join Partners Graeme Johnson, Anna Creegan and Jacqui Wootton along with Senior Associate Mark Smyth as they discuss key issues and practical tips to keep front of mind when navigating the constantly evolving legislative environment of the Mining industry.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
This episode coincides with the UK Mental Health Week and we are delighted to be joined by Dr Beverley Flint, a clinical psychologist and leading mental health and wellbeing specialist (Director, C&I Wellbeing), and John Flint (former Group CEO of HSBC).
This episode looks at the challenges of leadership through crises and adapting responses to it at Board, senior leadership and managerial levels, whilst recognising the unique humanitarian challenges of Covid-19 on mental health and wellbeing.
Amongst other things, we consider key questions, including actions in relation to:
- Mental health in the workplace – a clinical psychologists perspective;
- Accelerated change and transformation – potential pressure points;
- Leadership in crises – lessons learnt and building a sustainable legacy; and
- Performance versus stress – authenticity and truth.
This episode is chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills.
Danielle Kelly, our global Head of Diversity & Inclusion, interviews Sue O’Dea, Leadership Advisor with McKinsey & Company as well as with Cultivating Leadership, on how we can cultivate psychologically safe cultures not only now when many of us are working from home during the pandemic but also when we return to more “normal” ways of working.
In this podcast, Sarah Pollock, Emma Schaafsma and Julie Farley consider the force majeure implications of a potential second wave of COVID-19 infections and the resulting re-imposition or tightening of lockdown measures.
Many contracting parties have already been affected by force majeure events arising out of the pandemic and the associated restrictions. As the focus starts to shift toward the gradual easing of lockdown measures, those parties who have claimed force majeure relief will be preparing to resume performance as soon as the impact of the force majeure event comes to an end. However, it is also important for contracting parties to prepare for any second wave force majeure situation, and the podcast will share some practical tips of actions that can be taken.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
This episode looks at the legal and practical considerations for employers and landlords as we exit the quarantine and prepare for the easing of lockdown restrictions across the UK and EMEA region. Amongst other things, we consider key questions, including actions in relation to:
- Government requirements and practical recommendations to protect health and safety at work - how to implement the back to work strategy;
- The data protection implications of measures which may be implemented to facilitate the return to work (e.g. contact tracing apps, public/private data sharing, temperature testing);
- Balancing risk and obligations - identifying potential pressure points;
- Potential issues for employers and landlords putting in place measures which exceed recommended guidance; and
- Reporting obligations.
This episode is chaired by Jeremy Walden, regional head of Herbert Smith Freehills' real estate practice (UK and EMEA), who is joined by experts from Herbert Smith Freehills who share their experience and views on these issues.
Nusrat Zar and Rachel Lidgate discuss the potential impact of the COVID-19 crisis on disputes and litigation in the field of public procurement in the UK, in particular the kind of procurement issues which might be the subject of litigation and how procurement trials are currently faring in the courts under the current remote hearing regime.
Speakers: Nusrat Zar and Rachel Lidgate
Tim and Adrian discuss the impact of the Covid-19 crisis on public procurement procedures and consider whether the procurement legislation leaves enough flexibility for contracting authorities and their suppliers to adapt to the emergency.
Speakers: Tim Briggs and Adrian Brown
Drew Pearson (Partner in our Employment, Industrial Relations and Safety team) is host to a panel of experts discussing preparing businesses to return their people to work. Nerida Jessup (Special Counsel in our Employment, Industrial Relations and Safety team) explores safety first – planning the transition back to the workplace. Catherine Pase (Senior Associate in our Employment, Industrial Relations and Safety team) discusses returning to the physical office - navigating ‘the new normal’ and Alan Peckham (our Chief Administrative Officer) closes with a real life case study – how HSF is approaching return to work.
We are pleased to share with you this podcast which looks at the international investment law protections that are relevant to investors and states in the context of the COVID-19 pandemic. We also touch on the key considerations for both states and foreign investors when assessing whether state action taken in response to the pandemic could infringe those protections.
This podcast is chaired by Senior Associate, Hannah Ambrose, who is joined by the co-heads of our Public International Law Practice, Christian Leathley and Andrew Cannon.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
This episode looks at how the virus is accelerating digitalisation and the cyber and data challenges it has brought into sharp relief. We consider the following key questions and actions for management:
- The cybersecurity risks made more acute by the current disruption, including fraud and ransomware attacks, and the steps you need to take to deliver cyber and data security and operational resilience;
- Data protection issues, including the tension between balancing competing rights of data privacy and public health; and
- Incorporating the learnings from recent disruption into business and digital strategies going forward.
This episode is chaired by Paula Hodges QC, head of Herbert Smith Freehills' global arbitration practice, who is joined by experts from Herbert Smith Freehills who share their insights from the current crisis.
In this special episode of our Public Law Podcast, Andrew Lidbetter and Nusrat Zar discuss the UK's legislative response to the COVID-19 crisis.
You can read more about the topics discussed in this episode in the following blog posts:
- COVID-19 Pressure Points: Coronavirus Act formally on the statute books
- COVID-19 Pressure Points: The Right to Property
We will continue to develop insights to keep you abreast of legal issues arising from COVID-19 that are impacting your business now and those you may face next. You can find further resources on our COVID-19 Hub.
Speakers:
Andrew Lidbetter, Partner
Nusrat Zar, Partner
Sahil Kher, Associate
Danielle Kelly (Global Head of Diversity & Inclusion) interviews Dr Chris Stevens on how we can cultivate a mindset which will best serve us not only during these challenging times but also as we navigate the future.
Dr Chris is a clinician and organisational psychologist whose PhD explored the connection between creativity, innovation and the state of mind which we commonly refer to as being “in flow”. Now, more than ever, people want to work for organisations where purpose and values are at the centre of their work. Dr Chris will talk about the link between purpose and flow and the freeing-up of discretionary effort and innovative practices that this enables.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
This episode looks at the options and practical considerations for organisations beyond the immediate crisis, focused on raising new equity and restructuring operations. Amongst other things, we consider key questions for management, including actions in relation to:
- Raising new equity;
- Debt restructuring;
- Shuttering, carving out businesses and strategic divestments; and
- Government intervention through equity stakes and wider response.
This episode is chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills, who is joined by experts from Herbert Smith Freehills who will share their experience and views on these issues.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
Hosted jointly with Global Counsel, this episode amongst other things considers:
- European Commission policy developments
- Differences and similarities in approach between jurisdictions vis-à-vis business financing support and business tax reliefs; and
- Future roadmap and lessons learnt - a new Marshall plan?.
This episode is chaired by Paula Hodges QC, head of Herbert Smith Freehills' global arbitration practice, who is joined by Tom White from Global Counsel and experts from Herbert Smith Freehills who share their experience and views on these issues.
In this episode of our series of commercial litigation update podcasts, we look at the impact of the COVID-19 pandemic on commercial litigation in the English courts including: the move to remote hearings; other ways in which the litigation process has been affected; and the sorts of commercial disputes the crisis is likely to give rise to in the near term and further down the track. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Richard Mendoza, a senior associate.
You can find links to our blog posts on the topics covered in this podcast below, or follow this link to the COVID-19 section of our Litigation Notes blog where any future updates will be posted: COVID-19 section on Litigation Notes blog.
Links:
- COVID-19 Pressure Points: Impact of COVID-19 on class actions (UK)
- High Court declines to adjourn five-week trial due to COVID-19 pressures
- Courts relax rules on agreeing extensions to procedural deadlines in light of COVID-19 disruption
- COVID-19: The evolving picture for remote hearings in the English courts
- COVID-19 pressure points: Will this be a valid basis for avoiding contractual obligations?
- COVID-19: Impact on civil litigation in England and Wales
Merryn Quayle (Partner in our Disputes team) is host to a panel of experts discussing how to manage supply chain issues. John Laing (Senior Expert, McKinsey) explores how businesses are coping with supply chain issues and what’s next, Kristin Stammer (Partner in our Corporate team) explores terms and products, Patrick Gay (Partner in our Competition team) discusses excessive pricing and ACCC relaxation of enforcement, and Nanda Lau (Partner in our Corporate team in China) looks at China, specifically shifting supply chains elsewhere and the state of China’s supply chain market.
We are pleased to share with you this podcast which looks at the impact of the COVID-19 pandemic on ongoing and future arbitral proceedings. We explore what arbitral institutions and other organisations have been doing to assist parties and arbitral tribunals through this difficult period. The team also shares some practical tips from our recent experience on how to manage virtual hearings given the current restrictions on travel and social distancing.
This podcast is chaired by Vanessa Naish, Arbitration Practice Manager and Professional Support Consultant, who is joined by Craig Tevendale, head of our international arbitration group in London, Patricia Nacimiento, co-head of the German dispute resolution team and Kathryn Sanger, Partner in our Hong Kong office. Along with their roles at Herbert Smith Freehills, Craig, Patricia and Kathryn each have roles at arbitral institutions and also sit as arbitrators, and can therefore share multiple perspectives on the current situation.
Note: This is an audio recording of a special edition wellbeing webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
This episode looks at how we adapt to the impact of Coronavirus – longer periods of remote working, reduced physical and social contact with others and increasing uncertainty bring new opportunities, and unintended consequences for us as individuals and as teams in relation to culture, productivity and engagement.
We are joined by Petra Velzeboer, psychotherapist and leading mental health consultant. Proactively looking after our wellbeing, and that of those around us is increasingly important.
Among other things, we consider key questions, including in relation to:
- Leadership and management strategies in response to stress;
- The importance of developing a positive mindset;
- Recommendations for improving our wellbeing and those of our teams; and
- Sharing experiences and case examples of successful approaches.
This episode is chaired by Chris Parsons, partner and Chairman of Herbert Smith Freehills' India practice, and a staunch advocate for mental health and wellbeing.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
This episode looks at a number of the key issues currently being faced by employers operating across EMEA, and the transition back to work. Among other things, we consider key questions for management, including in relation to:
- A summary of the employment protection measures taken across Europe and trends;
- Protecting the safety of the workforce and best practice for organising a transition back to work;
- Implications for the future of work;
- Initial considerations when planning workforce restructures and collective redundancies; and
- Any potential sanctions for breach of measures financed by Governments.
This episode is chaired by Emma Rohsler, Herbert Smith Freehills' regional head of practice (EMEA) for employment pensions and incentives, who is joined by experts from Herbert Smith Freehills who share their experience and views on these issues.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
Hosted jointly with Global Counsel, this episode amongst other things considers:
- Recent FDI regime changes and likely impact on cross-border M&A;
- Developing a global FDI strategy and communicating with the FDI agencies; and
- Navigating merger control regimes in the current climate.
This episode is chaired by Mark Bardell, a Herbert Smith Freehills' corporate partner, who is joined by Gregor Irwin from Global Counsel and experts from Herbert Smith Freehills who share their experience and views on these issues.
Carolyn Pugsley, Executive Partner, is host to a panel of experts discussing; market disclosure regarding COVID-19 and potential risk areas – by Timothy Stutt (Senior Associate in our Head Office Advisory team and Australian lead for our ESG practice), insurance – by Guy Narburgh (Special Counsel in our Commercial Litigation team), and Class actions – by Christine Tran (Senior Associate in our Commercial Litigation team).
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
This episode amongst other things considers:
- Board and governance response - immediate response, information flows and decision making;
- Market disclosures - ongoing disclosure obligations;
- Corporate reporting - form, substance and timing;
- Dividends and distributions - directors' duties, policies and regulator views;
- Shareholder meetings - practicalities and shareholder engagement; and
- Executive remuneration and share plans - pay reductions, share schemes and relevant institutional investor guidance.
This episode is chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills, who will be joined by experts from Herbert Smith Freehills who will share their experience and views on these issues.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
Hosted jointly with Global Counsel, this episode amongst other things considers:
- addressing supplier and customer financial distress;
- competition law issues - pricing, relaxation of competition law rules, abuse of economic dependence;
- product-related issues arising from over demand or failure of supply chains; and
- suspension of performance and other contractual issues.
This episode is chaired by Paula Hodges QC, head of Herbert Smith Freehills' global Arbitration practice, who will be joined by Tom White from Global Counsel and experts from Herbert Smith Freehills who will share their experience and views on these issues.
Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.
This episode looks at a number of the key issues currently being faced by UK employers, and the government support available. Among other things, we consider key questions for management, including in relation to:
- handling employee sickness, holiday and self-isolation;
- the challenges around home working;
- government's Job Retention Scheme (including coverage for pension contributions); and
- collective redundancies and alternatives for cutting costs (including the scope for employers to reduce or defer pension contributions).
This episode is chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills, who is joined by expert colleagues Tim Leaver and Rachel Pinto (Partners in our Employment, Pensions and Incentives team) who will share their experience and views on these issues.
Carolyn Pugsley, Executive Partner, is host to a panel of experts discussing the employment and tax issues associated with both claiming and administering JobKeeper. Panellists; Andrew Howe and Daniel Sydes (Partners of Greenwoods & Herbert Smith Freehills, our affiliated tax advisory firm) and Anna Creegan (Partner in our Employment, Industrial Relations and Safety team) explore how to determine if you are eligible for JobKeeper, claiming the benefit, flow-on tax consequences and implications of JobKeeper payments for employers.
Hosted by Merryn Quayle (Partner in our Disputes team), this episode focuses on the behaviour of regulators and how it is impacting transactions – discussed by Adam Charles (Partner in our Corporate team); and investigations, enforcement and the courts – discussed by Hugh Paynter (Partner in our Disputes team). Also shared is an important JobKeeper scheme and Fair Work Act update – by Shivchand Jhinku (Executive Counsel in our Employment, Industrial Relations and Safety team).
Hosted jointly with Global Counsel, this podcast will look at the government support available to companies facing a liquidity crisis. Amongst other things, we shall consider key questions for management, including immediate actions in relation to:
- cutting costs and stabilising the business;
- drawing down under existing facilities;
- accessing government support packages; and
- State aid as an issue even in these extreme times.
Speakers:
James Palmer, Chair and Senior Partner, Herbert Smith Freehills LLP
Leo Ringer, Adviser, Global Counsel
Kevin Pullen, Partner, Herbert Smith Freehills LLP
Lode Van Den Hende, Partner, Herbert Smith Freehills LLP
Carolyn Pugsley, Executive Partner, is host to a panel of Herbert Smith Freehills experts discussing the most important COVID-19 topics of the week. Paul Apathy, Partner in our Finance team, discusses the temporary changes to corporate insolvency laws, Drew Pearson, Partner in our Employment, Industrial Relations and Safety team, explores the JobKeeper Payment announcement and the latest employment implications of COVID-19, and Erin Wyeth, Partner in our Projects team, concludes with potential pressure points in contracts, including those in the force majeure and change in law regimes.
How are construction contracts currently being affected by the COVID-2019 coronavirus and what is the extent to which insurance cover might protect against losses?
James Doe, Emma Schaafsma & Sarah McNally discuss these points in our latest podcast.
Protecting jobs, employees, health & safety and personal data.
Speakers:
Chair – Stephen Wilkinson (introductory and closing remarks)
Employment - Anna Henderson
Data privacy - Miriam Everett
Dealing with distress and claims, reporting and disclosure
Speakers:
Chair – Stephen Wilkinson (introductory and closing remarks)
Insurance – Sarah McNally
Governance – Gareth Sykes
Protecting deals, supply chains and regulatory screening
Speakers:
Chair – Stephen Wilkinson (introductory and closing remarks)
Contracts – James Doe
M&A – Gavin Davies
Managing liquidity, covenants, defaults and capital calls
Speakers:
Chair – Stephen Wilkinson (introductory and closing remarks)
Debt – Kevin Pullen
Equity – Mike Flockhart
Our latest podcast explores some of the employment and safety challenges and legal issues arising out of COVID-19 in Australia. Featuring partners Aaron Anderson, Anna Creegan and Drew Pearson from the Employment, Industrial Relations and Safety team.
Part 1 of this panel discussion explores medical and capital raising issues arising out of COVID-19. Hosted by Michael Ziegelaar, Partner at Herbert Smith Freehills, featuring Professor Brendan Crabb AC, Director and CEO, Burnet Institute, Dr Ben Coghlan, Co-Program Director, Health Security, Burnet Institute and James Douglas, Chairman, Carbon Revolution.
Part 2 of this panel discussion explores the legal issues arising out of COVID-19 with Herbert Smith Freehills experts. Hosted by partner Michael Ziegelaar, featuring partners Priscilla Bryans, Natalie Gaspar, Steve Bell and Harry Edwards.
Live COVID-19 panel discussion hosted by partner Michael Ziegelaar, featuring Herbert Smith Freehills and industry experts exploring the impacts on business.
Speakers – Herbert Smith Freehills:
- Natalie Gaspar and Steve Bell, Partners in our Employment and Occupational, Health and Safety Group;
- Peter Holloway, Partner in our Disputes Group;
- Jim Theodore, Partner in our Projects Group;
- Martin MacDonald, Partner in our Banking Group; and
- Julian Lincoln, Partner in our Technology, Media and Telecommunications Group.
External speakers:
- Dr Andrew Cuthbertson, Chief Scientific Officer and R&D Director at CSL
- Damien Gance, Director at Chemist Warehouse
- Hugh Falcon, Head of Capital Markets, Macquarie Group.