Herbert Smith Freehills Podcasts: 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
) changes to its Audit Enforcement Procedure to introduce new routes to resolution, including an Early Admissions Process, and the latest case brought by the Prudential Regulation Authority using the Early Account Scheme. They share insights into these different approaches and consider whether there may be learnings that could be shared across regulators.See here our blogs on the changes to the FRC's Audit Enforcement Procedure https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/financial-reporting-council-updates-its-audit-enforcement-procedure-with-new-routes-to-resolution and the FCA's Enforcement Watch 2 https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/fca-enforcement-watch-2-the-consumer-duty-moves-into-a-new-phase-of-scrutiny
Disputes arising out of construction and infrastructure joint-venture projectsThis podcast explores the rising complexity of disputes in infrastructure joint ventures and the key issues that drive them. With large-scale, long-term projects bringing together multiple parties, the potential for disagreement is inherent. In this episode, we discuss: 1) why infrastructure joint ventures are particularly prone to complex disputes, given their scale, duration, capital intensity and the interdependence of responsibilities; 2) the most common areas of contention, including funding and capital calls, governance and deadlock, exit and valuation, as well as downstream construction disputes involving scope changes, cost overruns and the relationship between JV entities and their participants; and 3) key takeaways for C-suite executives and lawyers.本期我们专注基础设施合资企业中日益复杂的争议问题及其主要成因。大型、长期的基础设施项目汇集了多方参与者，分歧的产生在所难免。在本期节目中，我们将围绕以下三个方面展开讨论：1）首先，我们将分析为何基础设施合资企业特别容易引发复杂争议，包括项目规模大、周期长、资本密集以及各方责任高度交织等因素 ；2）其次，我们将探讨最常见的争议领域，涵盖出资与增资催缴、治理与僵局、退出与估值，以及涉及范围变更、成本超支和合资实体与参与方之间关系的下游施工争议 ；3）最后，我们将为企业高管和法律从业者提供关键建议。
In this episode of On Just Terms, Jason Betts and Melissa Gladstone are joined by Hamish Hansford, Head of National Security at the Department of Home Affairs and Australia's Commonwealth Counter-Terrorism Coordinator, for a discussion on the evolving national security landscape and its implications for Australian organisations.Hamish discusses Australia's Cyber Security Strategy, mandatory ransomware reporting, the convergence of cyber, foreign interference and organised crime threats, and the growing role of AI in both security and resilience. He also explores the Security of Critical Infrastructure framework, board preparedness, and the importance of strong security culture and risk management.A practical discussion for directors, executives and advisers navigating cyber, critical infrastructure and national security risks. an increasingly complex threat environment.
In this episode, we explore how GenAI is being integrated into real-world document review, and why hybrid approaches are fast becoming the standard.Stephanie Barrett (Director, Legal Technology), together with Caoimhe Powell (Director, Disputes - Digital Legal Delivery) and Craig Glover (Head of Disputes, Digital Legal Delivery), unpack how GenAI and technology-assisted review (TAR) work best in combination.Drawing on live delivery experience, they show how hybrid workflows balance contextual insight with the precision, consistency and defensibility required in high stakes matters, and why the best results come from combining the right tools, not choosing between them.
In this special crossover episode of Inside Employment and Inside Safety, Steve Bell, Tony Wood and Lucy Boyd explore the increasingly complex regulatory landscape facing Australian employers and the growing scrutiny from workplace, safety and human rights regulators.Steve, Tony and Lucy discuss the rise in regulatory investigations and enforcement activity, the challenges employers face when responding to overlapping regulators, and the Australian Human Rights Commission’s evolving approach to enforcing the positive duty to prevent sexual harassment. They also share practical insights on governance, compliance and how organisations can prepare for greater regulatory scrutiny.
Recent Developments in UK Consumer Protection Law: The CMA's First Investigations Under the New RegimeSince our last podcast in July 2025, which covered the key features of the UK's enhanced consumer protection regime introduced under the Digital Markets, Competition and Consumers Act, there have been significant developments including a number of investigations and final infringement decisions under the new regime, new guidance on green claims across the supply chain, guidance on the use of AI agents, and the Government's response to the consultation on implementing the new subscription contracts regime.Our latest podcast focuses on the CMA's first investigations into online pricing practices, pressure selling and fake or misleading consumer reviews. At the time of recording the CMA had completed three of its investigations, adopting infringement decisions with penalties and imposing consumer redress measures. The CMA has also issued advisory letters to over a hundred businesses, putting them on notice of the need to review their practices. In this podcast we take a closer look at the CMA's areas of focus and the lessons learned based on these first investigations.
E Limited, Pioneer Credit Limited, TAL Superannuation Fund… the list goes on. Anne is also passionate about technology and cyber security – what a combination! In this conversation, Anne shares insights from her boardroom experience, including how directors can navigate emerging technology risks, approach cyber resilience, and balance governance with growth and innovation. Drawing on a career that has spanned multiple industries, Anne reflects on what makes an effective director and the lessons that boards can apply in an increasingly uncertain digital environment. Thanks again for listening. This is Cross-Examining Anne Templeman-Jones. Here we go…
Welcome back to The Third Wheel. In this episode, we turn our attention to one of the new features of the annual reporting landscape: mandatory climate disclosures.With the first wave of reporting now completed, we thought it was the perfect moment to pause and reflect. What’s working well? Where are organisations still finding their footing? And what challenges are starting to surface?This episode kicks off a two-part series, where we explore early trends emerging from the first round of disclosures. We share our initial observations, highlight recurring hurdles or challenges, and point to areas where reporting is already showing real progress.
In Part 2 of our climate reporting series, we build on the themes from Episode 50 and shift the focus to what comes next.As the first wave of disclosures has wrapped up, attention has turned to the next climate reporting cycles - particularly for June and September year-end companies. The question now is: what lessons can organisations take forward?In this episode, we unpack key takeaways from the first round of sustainability reporting and explore how they can be applied in practice for future reporters. We also take a closer look at ASIC’s early observations and share our perspective on what these mean, and how companies can consider them going forward.
In this episode of Inside Employment, Natalie Gaspar and Lucy Boyd are joined by HSF Kramer Disputes Partner, Melissa Gladstone to explore the rise of employment class actions in Australia and why they have become one of the fastest-growing litigation risks for employers. Natalie, Lucy and Melissa discuss the factors driving this trend, how employment class actions differ from traditional workplace disputes, and the unique challenges they create for employers. They also share practical steps organisations can take to mitigate risk, including governance, early issue detection and prompt remediation.
In this episode of Deal Talk, partners Kam Jamshidi and Nicole Pedler examine the Dexus vs Australia Pacific Airports Corporation litigation, which has firmly brought into focus how divesting parties manage confidentiality obligations in a sale process.Analysing the key lessons from Justice Hammerschlag's judgment in the NSW Supreme Court, Kam and Nicole work through the key issues arising from the case, including:•The scale of disclosure and why the nature of the recipients made the breach so serious•Why Justice Hammerschlag found the breach to be both material and irremediable, and what the breakdown of trust and confidence between joint venture parties means in practice•The role of the board in issuing the default notice and the drafting considerations that flow from that; and•The practical lessons for transactors, from coding for exit at the joint venture formation stage, to applying more staged, carefully controlled information disclosure in sale processes
In this episode of On Just Terms, partners Jason Betts and Melissa Gladstone sit down with Dr Peter Cashman, adjunct professor at UNSW and leading barrister, to discuss the evolution of Australia’s class action regime. Drawing on decades of experience, Dr Cashman reflects on its role in improving corporate governance, product safety and access to justice, while addressing ongoing challenges around cost, delay and efficiency. He also outlines a range of reforms aimed at creating a faster, fairer and more effective class action system for all participants.
EMEA), Meghan Ryan (Senior Manager, eDiscovery) and Danbee Kim (Head of Digital Legal, US) cut through the hype to explore how these technologies work in practice. They examine why TAR remains central to large-scale review - particularly for precision, consistency and defensibility - and where GenAI adds value, including contextual insight and early case analysis. Drawing on real-world experience, they show why GenAI is often reinforcing (not replacing) TAR, and reframe the debate around a more practical question: what is the right approach for the matter, the data and the client?
, HSF Kramer's podcast series on disputes and AI where we unpack the key developments that are shaping litigation. In this episode we look at the use of AI by public bodies following a recent judgment on the lawfulness of the Metropolitan Police’s live facial recognition technology, as well as discussing some of the key IP issues that AI developers and users are currently confronting. This episode is hosted by Martin Hevey, a senior associate in our disputes team, who is joined by Andrew Lidbetter and Jasveer Randhawa from our public law and regulatory team, and Peter Dalton, a partner in the cyber security and IP practices.Below you can find links to our blog posts on the developments and cases covered in this podcast.•Civil Justice Council publishes update on consultation responses regarding use of AI for preparing court documents https://www.hsfkramer.com/notes/litigation/2026-07/civil-justice-council-publishes-update-on-consultation-responses-regarding-use-of-ai-for-preparing-court-documents•Lessons for AI use by public authorities in Divisional Court’s decision on lawfulness of facial recognition technology https://www.hsfkramer.com/notes/publiclaw/lessons-for-ai-use-by-public-authorities-in-divisional-courts-decision-on-lawfulness-of-facial-recognition-technology
In this July wrap up edition of the public law podcast, Jasveer Randhawa is joined by HSF Kramer partners Nusrat Zar and James Wood. They start with an update on ECHR and proportionality, examining recent developments in A1P1 property rights, following the decisions in Dana Astra and BYL. The discussion then turns to practical takeaways for those advising on contentious regulatory matters, including the High Court’s refusal of permission to challenge a late application in Intelligent Land Investments Group, and the evidential threshold required when seeking to restrain the publication of public authority decisions in Euro Car Parks Ltd and South East Water. They also examine the courts’ evolving approach where regulators overstep, as illustrated by R (University of Sussex) v Office for Students, alongside recent High Court guidance on the correct test to be applied in energy price control appeals. To conclude, they flag the Divisional Court's decision on the lawfulness of facial recognition technology and the useful lessons it holds for the future use of AI by public authorities. Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner).
This podcast focuses on dawn raids and how businesses can prepare for and respond to them. Dawn raids are unannounced inspections carried out by regulatory and investigative authorities to gather evidence of suspected legal breaches. In this episode, we discuss: 1) what dawn raids are and the authorities that conduct them; 2) recent trends in dawn raid activity, including the growing challenges posed by electronic data and hybrid working; and 3) the key steps companies and employees should take before, during and after a dawn raid to ensure compliance and protect their legal position.Speakers: Dawen Gao, Tianxin Sun 这一期我们将重点讨论黎明突袭（Dawn Raids）以及企业应如何应对此类调查。黎明突袭是监管机构或执法机关为调查涉嫌违法违规行为而开展的未经预先通知的现场检查。在本期节目中，我们将围绕以下三个方面展开讨论：1）首先，我们将介绍什么是黎明突袭，以及哪些监管和执法机构有权开展此类检查；2）其次，我们将探讨近年来黎明突袭的发展趋势，包括电子数据管理和远程办公模式带来的新挑战；3）最后，我们将分享企业和员工在黎明突袭前、黎明突袭期间及结束后应采取的关键应对措施，以确保合规并维护自身合法权益。Speakers: 高达文，孙田心
to prevent sexual harassment, and also create the potential for employees to bring claims against their employer in relation to any type of unlawful harassment by a third party. We discuss the steps employers in different sectors should take now to minimise the risk of claims.The Equality and Human Rights Commission's technical guidance dated 2024 referred to in the podcast is available here: https://www.equalityhumanrights.com/guidance/sexual-harassment-and-harassment-work-technical-guidance; the Commission's latest research is here: https://www.equalityhumanrights.com/our-work/our-research/our-research-workplace-harassment.
In this episode of On Just Terms, HSF Kramer partners Cameron Hanson and Tania Gray speak with Mark Rigotti, Managing Director and CEO of the Australian Institute of Company Directors, about the evolving governance landscape. The discussion explores governing culture beyond compliance, the growing influence of AI in the boardroom, and the impact of private capital on transparency, accountability and board priorities. A timely conversation for directors, executives and advisers navigating change in an increasingly complex environment.
communications https://www.hsfkramer.com/notes/litigation/2026-04/high-court-finds-legal-advice-privilege-is-not-limited-to-lawyer-client-communications-but-extends-to-intra-client-communications•Disclosure Review Working Group considering simplification of PD 57AD disclosure regime following survey https://www.hsfkramer.com/notes/litigation/2026-05/disclosure-review-working-group-considering-simplification-of-pd-57ad-disclosure-regime-following-survey•Creation of new Business and Property Division of the High Court announced https://www.hsfkramer.com/notes/litigation/2026-06/creation-of-new-business-and-property-division-of-the-high-court-announced•Court of Appeal holds fraudsters' intervention broke chain of causation https://www.hsfkramer.com/notes/cf/2026-posts/court-of-appeal-holds-fraudsters-intervention-broke-chain-of-causation•Litigation funding and privilege: High Court finds litigation privilege does not apply to communications prepared to enable funders to assess whether to support a claim https://www.hsfkramer.com/notes/litigation/2026-06/litigation-funding-and-privilege-high-court-finds-litigation-privilege-does-not-apply-to-communications-prepared-to-enable-funders-to-assess-whether-to-support-a-claimSee podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep38-transcript.pdf
In this follow-on episode, Caoimhe Powell (Director, Disputes - Digital Legal Delivery) and Ariel Wiebe (Associate, Disputes) focus on one of the most critical aspects of applying GenAI in legal review: prompting. Building on a live High Court disclosure exercise, they explore how prompt design directly shapes the quality, consistency and defensibility of outcomes—framing prompting as a core legal skill grounded in judgment. The discussion highlights the iterative nature of prompting in practice, from testing and validation through to refinement at scale, and the importance of lawyer oversight in translating legal reasoning into clear, consistent criteria.
A Report 2026: Consumer Sector, they examine key trends playing out across regions, from shifting capital flows and buyer appetite to the growing focus on agility and scale and what these dynamics mean for businesses navigating transactions worldwide.
Partners Lyn Harris (Digital Legal Delivery) and Ajay Malhotra (Disputes) move beyond the hype to examine a live English High Court litigation matter, where Relativity aiR for Review was used to support first-level document review. They explore how the technology was applied in practice, the governance and human oversight underpinning defensibility, and the key lessons from deploying GenAI at scale in a high-stakes dispute.
In this episode of Inside IR, Rohan Doyle and Mitchell Brennan use the recent Full Federal Court decision in AMWU v Opal Packaging Australia (May 2026) to explore the real-world implications of complexity in enterprise agreements. With four decision-makers across three forums arriving at four different interpretations of a relatively common status quo clause, the case is a stark illustration of enterprise agreement complexity, and how status quo clauses can be a source of competitive advantage for employers, potentially stalling workplace change for lengthy periods. Rohan and Mitchell unpack the practical risks of broadly drafted dispute resolution and status quo provisions and offer guidance for employers on simplifying these clauses and using the bargaining table - not the courtroom - to achieve clarity. A must-listen for employers, HR and IR professionals grappling with complex legacy enterprise agreement drafting in an environment that demands greater clarity and agility.
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Elina Kyselchuk. Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Elina Kyselchuk (Associate). This podcast can be listened to on SoundCloud, Apple and Spotify and don’t forget to subscribe to the channel to receive updates on future episodes. You can find out more about the cases covered in this podcast on our blog at the following links:High Court dismisses injunction application to prevent current account closure on grounds of financial crime concerns https://www.hsfkramer.com/notes/bankinglitigation/2026-04/high-court-dismisses-injunction-application-to-prevent-current-account-closure-on-grounds-of-financial-crime-concernsHigh Court refuses to grant injunction against bank preventing payout under performance bond https://www.hsfkramer.com/notes/bankinglitigation/2026-04/high-court-refuses-to-grant-injunction-against-bank-preventing-payout-under-performance-bondLaw Commission to consider introduction of opt-out consumer class actions regime https://www.hsfkramer.com/notes/bankinglitigation/2026-04/law-commission-to-consider-introduction-of-opt-out-consumer-class-actions-regimeHM Treasury pitches base camp at the mountain of consumer credit reformshttps://www.hsfkramer.com/notes/bankinglitigation/2026-04/hm-treasury-pitches-base-camp-at-the-mountain-of-consumer-credit-reformFCA to Review Claims Management Practices https://www.hsfkramer.com/notes/bankinglitigation/2026-04/high-court-dismisses-injunction-application-to-prevent-current-account-closure-on-grounds-of-financial-crime-concerns0Creation of new Business and Property Division of the High Court announcedhttps://www.hsfkramer.com/notes/litigation/2026-06/creation-of-new-business-and-property-division-of-the-high-court-announcedHandy client guide to privilege – newly updated https://www.hsfkramer.com/notes/litigation/2026-05/handy-client-guide-to-privilege-newly-updatedBiannual Banking Litigation Update (Spring 2026)https://www.hsfkramer.com/notes/bankinglitigation/2026-04/bi-annual-banking-litigation-update-spring-2026
In this episode of On Just Terms, Jason Betts and Harry Edwards are joined by Lucinda McCann, Group Executive, ASX Supervision, for a candid conversation on the organisation’s approach to its supervisory and enforcement responsibilities. Lucinda discusses ASX's shift to risk-based supervision, effective engagement during its inquiries, continuous disclosure obligations, trading halts, and its referrals of matters to ASIC. She also explores the impact of the securities class actions market on its work and how AI may support the ASX’s work. A practical discussion for those advising or working in Australia’s listed markets.
Unfair dismissal from January 2027 – what employers need to do nowIn this fourth episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, turn to one of the most significant changes - certainly the most controversial in terms of its progress through parliament - the Unfair Dismissal changes landing on 1 January 2027.
This is the 37th episode of our series of commercial litigation update podcasts, which is a special edition focusing on force majeure. As well as outlining the legal landscape for force majeure under English law, it gives practical guidance on both drafting force majeure clauses and dealing with force majeure scenarios. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Julian Copeman, a disputes partner, and Richard Mendoza, an of counsel in our disputes team. They are also two of the editors of a recently published book on Force Majeure: Force Majeure - An International Comparative Analysis.Below you can find links to our blog posts on some of the developments and cases covered in this podcast, and previous materials published on force majeure.•Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application https://www.hsfkramer.com/notes/litigation/2023-05/force-majeure-general-assertions-as-to-impact-of-covid-19-and-brexit-not-sufficient-to-defeat-summary-judgment-application•High Court decision considers force majeure and sanctions issues https://www.hsfkramer.com/notes/litigation/2024-01/high-court-decision-considers-force-majeure-and-sanctions-issues•Force majeure: Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty's offer of non-contractual performance https://www.hsfkramer.com/notes/litigation/2024-05/force-majeure-supreme-court-finds-no-obligation-on-party-seeking-to-rely-on-force-majeure-clause-to-accept-counterpartys-offer-of-non-contractual-performance•Global trade tariffs: Impact on contractual arrangements https://www.hsfkramer.com/notes/litigation/2025-04/global-trade-tariffs-impact-on-contractual-arrangements•When events intervene: Force majeure, frustration and material adverse change https://www.hsfkramer.com/notes/litigation/2020-10/when-events-intervene-force-majeure-frustration-and-material-adverse-change•'A board-level issue': the resurgence of force majeure - The Global Legal Post https://www.globallegalpost.com/news/a-board-level-issue-the-resurgence-of-force-majeure-132016115See podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep37-transcript.pdf
A and private equity interest- How the sector has changed in the years since the Royal Commission- ASIC's enforcement focus and why regulatory pressure is an opportunity, not just a threat- The Shield and First Guardian situation and what it means for the broader ecosystem- Legacy technology stacks and the opportunity for international buyers to add value; and- The differences in working with APRA and FIRB to get a deal over the line.Important listening for private equity sponsors and strategic acquirers considering the Australian financial services sector.
In this follow-up episode to Part 1: The Star Decision - Lessons for Directors, HSF Kramer Chair and Senior Partner Rebecca Maslen-Stannage and Head Office Advisory Partner Carolyn Pugsley, turn to the broader governance lessons from the Star decision — including Justice Lee's pointed observations on AI in the boardroom, the growing impracticality of modern board papers, and the role of general counsel and company secretaries. A must-listen for boards and governance professionals navigating the evolving duties landscape in Australia.
HSF Kramer Chair and Senior Partner Rebecca Maslen-Stannage and Head Office Advisory Partner Carolyn Pugsley, unpack the Federal Court's landmark decision and draw out practical takeaways for NEDs in this two-part podcast series.In this episode, they discuss the facts and basis of ASIC's allegations, as well as the key outcomes and contributing management and board dynamics (drawing contrasts to other seminal directors' duties cases such as the Centro decision).In episode two, the discussion turns to the broader governance lessons from the Star decision — including Justice Lee's pointed observations on AI in the boardroom, the growing impracticality of modern board papers, and the role of general counsel and company secretaries. This is a must-listen for NEDS navigating the evolving duties landscape in Australia.
Investigate 360: EP15 Export Controls and Sanctions in Defence: Practical Insights Across Australia and the US by Herbert Smith Freehills Kramer Podcasts
In the latest episode of On Just Terms, HSF Kramer partners Jason Betts and Rebecca Maslen-Stannage are joined by The Honourable Michelle Rowland MP, Attorney-General of Australia, for a wide-ranging discussion on the government's legal priorities. The Attorney-General shares insights on Privacy Act reform, the government's position on copyright and AI and why there is no text and data mining exception, scams and consumer protection, class actions and access to justice, and the critical importance of effective enforcement capability. This is a substantive discussion on the role of law in serving the public interest, and what lies ahead on Australia's legal agenda.
D05:16 Small Business Reliefs06:20 Loss Carry-back Returns08:44 Big Shift to Personal Tax08:47 CGT Discount Ends10:52 Tech and Startup Fallout15:01 Negative Gearing Overhaul16:51 Discretionary Trusts Seismic21:37 Late Night Wrap Up
A deal activity in the sector; 2) we will then discuss the key legal trends being seen by our deal teams, 3) finally, we will conclude with a discussion on a hot topic in the industry right now, the rise of China's biotechs on the global stage. Speakers: Csilla Cao, Siqi Geng这一期我们会重点讨论制药行业，特别是制药行业并购活动的情况，以及这段时间明显升温的中国生物科技公司对外授权交易。制药行业其实有很多值得讨论的话题，我们这期节目将主要聚焦三个方面：1) 首先，我们会对制药行业的并购交易情况做一个整体介绍；2)再讨论我们交易团队在实际交易中观察到的一些关键法律趋势；3) 最后，我们将重点谈一谈目前行业的一个热门话题，中国生物科技公司在全球舞台的崛起。Speakers: 曹文旖，耿思琪
) Enforcement team. In two firsts for the PRA, its decision against U K Insurance Ltd saw the first reported use of the Early Account Scheme leading to a settlement discount of 50%, and the decision against Bank of London Group Limited and Oplyse Holdings Limited involved the first breach of Fundamental Rule 1 by a firm. In this episode of the FSR Brief, Jon Ford, Michael Tan and Emma Bridgeman discuss these recent cases by the PRA and what they signal to firms about the PRA's approach when it comes to early settlement and integrity findings. For more on the Early Account Scheme, read our blog post on the UK Insurance Limited case: https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/weighing-up-the-pras-early-account-scheme-insights-from-the-first-case-concluded-using-the-process
, HSF Kramer's podcast series on disputes and AI where we unpack the key developments in AI that are shaping litigation. In this episode we give an update on privilege and AI in the US, find out why not to use ChatGPT to develop a corporate strategy, and finally discuss how AI is being used in the world of international arbitration. This episode is hosted by Camilla Macpherson, a knowledge lawyer in our disputes team. Camilla is joined by Alan R. Friedman, a counsel in our New York disputes team, Nick Tonckens, an associate in our New York disputes team and Liz Kantor, a knowledge counsel in our global arbitration team.Below you can find links to our blog posts on the developments and cases covered in this podcast.•Civil Justice Council publishes consultation on use of AI for preparing court documents https://www.hsfkramer.com/notes/litigation/2026-02/civil-justice-council-publishes-consultation-on-use-of-ai-for-preparing-court-documents•New York court finds client chats with generative AI tool Claude are not privileged https://www.hsfkramer.com/notes/litigation/2026-02/new-york-court-finds-client-chats-with-generative-ai-tool-claude-are-not-privileged•US courts find privilege applies to use of public AI tools by self-represented litigants https://www.hsfkramer.com/notes/litigation/2026-04/us-courts-find-privilege-applies-to-use-of-public-ai-tools-by-self-represented-litigants•Delaware Court of Chancery reinstates seller CEO and extends earnout payment window, as buyer’s ChatGPT strategy fails https://www.hsfkramer.com/insights/2026-04/delaware-court-of-chancery-reinstates-seller-ceo-and-extends-earnout-payment-window-as-buyers-chatgpt-strategy-fails•AI-volution in Arbitration: the new Chartered Institute of Arbitrators (CIArb) Guidelines https://www.hsfkramer.com/notes/arbitration/2025-03/ai-volution-in-arbitration-the-new-chartered-institute-of-arbitrators-guidelines
In this episode of On Just Terms, Jason Betts and Melissa Gladstone continue their conversation with Stuart Price, CEO of CASL, focusing on the practical realities of litigation funding. The discussion examines how funders balance commercial returns with fairness to group members, manage competing stakeholder interests, and respond to evolving market dynamics, including contingency fees, legal finance models and emerging technologies shaping the future of complex litigation.
communications https://www.hsfkramer.com/notes/litigation/2026-04/high-court-finds-legal-advice-privilege-is-not-limited-to-lawyer-client-communications-but-extends-to-intra-client-communications•Court of Appeal finds English courts lack jurisdiction over sanctioned individual who is not permitted to enter the UK https://www.hsfkramer.com/notes/litigation/2026-03/court-of-appeal-finds-english-courts-lack-jurisdiction-over-sanctioned-individual-who-is-not-permitted-to-enter-the-ukSee podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep36-transcript.pdf
communications https://www.hsfkramer.com/notes/litigation/2026-04/high-court-finds-legal-advice-privilege-is-not-limited-to-lawyer-client-communications-but-extends-to-intra-client-communicationsUpper Tribunal observes that uploading confidential documents into open-source AI tools waives client confidentiality and legal privilege https://www.hsfkramer.com/notes/litigation/2026-03/upper-tribunal-observes-that-uploading-confidential-documents-into-open-source-ai-tools-waives-client-confidentiality-and-legal-privilegeNew York court finds client chats with generative AI tool Claude are not privileged https://www.hsfkramer.com/notes/litigation/2026-02/new-york-court-finds-client-chats-with-generative-ai-tool-claude-are-not-privilegedUS courts find privilege applies to use of public AI tools by self-represented litigants https://www.hsfkramer.com/notes/litigation/2026-04/us-courts-find-privilege-applies-to-use-of-public-ai-tools-by-self-represented-litigantsSupreme Court holds that no statutory limitation period applies to unfair prejudice petitions https://www.hsfkramer.com/notes/litigation/2026-03/supreme-court-holds-that-no-statutory-limitation-period-applies-to-unfair-prejudice-petitions
In this episode of On Just Terms, Jason Betts and Melissa Gladstone speak with Stuart Price, CEO of CASL, about the role litigation funding plays in Australia’s corporate risk landscape. The conversation explores how funders assess and select cases, the legal and commercial factors that influence funding decisions, and what these dynamics mean for companies facing complex litigation. Stuart also shares insights into how risk appetite, case selection, and regulatory settings continue to shape the evolving litigation funding market.
Welcome to Cross Examining Cyber, a podcast brought to you by Herbert Smith Freehills Kramer. In this podcast series, we speak to our business leaders about all things cyber, including the legal, governance, technical, regulatory and policy developments that impact corporates around the world. I'm really excited to announce that this is the first of our Cross-Examining Cyber Director Series. For the next six months, we will speak to some of our leading directors, including David Gonski, Anne Templeman-Jones, John Mullen, Catherine Brenner, just to name a few. Today's the first in our series, and today we cross-examine David Moffatt. David has over 40 years' experience in executive leadership positions. He's worked and lived almost everywhere, Australia, the US, Europe and Asia. He's currently the chair of Ventia Services Group, Environmental Remediation and Social Services and Apollo Global Management. David is also the chair of the American Chamber of Commerce here in Australia. David has first-hand experience dealing with a cyber incident as part of his role at Ventia. His insights are not only considered but come from direct experience. Thanks again for listening. This is Cross Examining David Moffatt, the first in our Director Series. Here we go.
Partners Toby Eggleston, Nick Heggart and Ryan Leslie discuss Treasury’s 10 April 2026 exposure draft legislation implementing and expanding the 2024 budget proposals on when non-residents pay Australian CGT. The draft materially broadens “taxable Australian real property” beyond general law real property (post the YTL and Newmont decisions) to include rights over land, contractual rights, and fixed or installed assets expected to be on land for most of their useful life (e.g., wind/solar assets, pipelines, mining equipment, tenant fixtures), plus water entitlements, with some elements proposed to apply retrospectively to 12 December 2006. It also includes a treaty-override via the International Tax Agreements Act, changes the principal asset test to a 365-day lookback, introduces a limited 50% CGT discount for certain renewable generation disposals to 1 July 2030, and tightens the non-resident CGT withholding/declaration and clearance certificate processes, all amid a 14-day consultation period.Want to go deeper? Read our briefing note here: https://www.hsfkramer.com/insights/2026-04/australias-non-resident-cgt-changes00:10 Welcome and agenda00:32 Budget shock announcement02:34 Overview of reforms02:57 Expanded real property definition06:25 Assets newly in scope09:07 Uncertainty and edge cases11:25 Retrospective start dates14:39 Treaty override explained23:26 Indirect interest test changes27:54 Renewables CGT discount31:14 Withholding and notifications34:18 Consultation and wrap up
The Employment Rights Act 2025: Union Rights – what employers need to knowIn this third episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, turn to the significant reforms being made to trade union rights — changes that matter to all employers, whether or not they currently recognise a union. The episode covers the changes to industrial action law already in force since February 2026, as well as further changes expected in the autumn. The team also examines the reformed statutory recognition process, with lower thresholds making it significantly easier for unions to win recognition. Looking ahead to October 2026, they discuss the new obligation to inform workers of their right to join a trade union, and the landmark new right of trade unions to access workplaces — physically and digitally — to meet, recruit and organise, without needing to demonstrate any existing membership in the business. The episode closes with seven practical action points to help employers — unionised and non-unionised alike — get ahead of these changes before the October deadline.
In this episode of Inside Safety, Steve Bell is joined by Shane Allison, CEO of Phronesis, to explore the real cost of reputational damage for organisations. Drawing on original research into ASX 200 reputation incidents, they unpack what defines a reputational crisis, why many are foreseeable, and which issues cause the greatest and most lasting harm. From executive misconduct and employee class actions to governance and psychosocial risk, this episode offers practical insights for safety, legal and risk professionals looking to better anticipate and manage reputation risk.
In this special bonus episode, we share a recording from a recent client webinar exploring the major corporate crime trends shaping the APAC region in 2026. Drawing on the firm’s newly launched Corporate Crime 360 Guide, HSF Kramer APAC partners Kyle Wombolt, Jacqui Wootton and Leon Chung break down the critical regulatory, enforcement and risk developments businesses should have firmly on their radar over the year ahead.
Following the Australian Government’s new federal hate crimes legislation that commenced in January 2026, HSF Kramer Partners Jacqui Wootton and Alice Molan and Solicitor Shaun Milligan unpack the new offences relating to “prohibited hate groups”, including what the recklessness standard means in practice for corporates, particularly across procurement, supply chains and corporate groups. We also explore proposed changes to the AML/CTF Rules and the practical steps reporting entities can take now to identify, escalate and manage prohibited hate group risk alongside other serious financial crime risks.
EP31: Collective Bargaining Under Pressure: Wages, Inflation, and the Fight for Fair but Sustainable WagesIn this episode of Inside IR, Rohan Doyle and Natalie Gaspar explore the growing pressure on enterprise bargaining wage negotiations as we see unions pressing for wage increases that outpace the rising cost of living in the face of inflation and interest rate increases, at a time when employers are under immense pressure to reduce costs. Natalie and Rohan examine why productivity has become central to achieving sustainable wage outcomes, and discuss some of the other key developments driving up wage costs, including same job, same pay orders, and expanding enterprise agreement coverage. A timely and practical discussion for employers, HR and IR professionals navigating a highly charged bargaining environment.
In this episode, Employment Partner Tony Wood and Executive Counsel Lucy Boyd are joined by HSF Kramer partner (and Corporate law icon), Priscilla Bryans. The team unpack what really happens behind the AFR headlines and discuss an array of issues, starting with the recent data showing a spate of CEO turnovers from both Australia and the US. Tony, Lucy and Priscilla also discuss: •Why succession planning is so important, and why it takes so much time•The impact on the cap on termination benefits under the Corporations Act•How STI and LTI incentives are a key issue in executive separations and why there is more interest than ever from shareholder activists and proxy advisors•The greater accountability of executives for misconduct and behavioural issues, coupled with the plethora of laws regulating bullying and whistleblowing•The changing composition of Boards and why the critical mass of female non-executive directors is changing the leadership culture of big business
A, noting increased use to bridge valuation gaps and that outcomes depend on TOFA, deal terms, metrics and payment timing, with ATO views still being tested. They outline the ATO’s shifting historical positions on whether earnout rights are separate CGT assets, buyer cost base treatment, and potential CGT event D1 exposure. TOFA is a key starting point for large taxpayers and can apply to contingent rights as financial arrangements, with timing and character mismatch implications; a business sale exception may exclude earnouts contingent on economic performance (not solely turnover/receipts), with uncertainty illustrated by the Merchant case. Outside TOFA, CGT applies and the look-through earnout rules may allow proceeds/cost base to reflect actual payments if strict conditions are met, including active asset and a hard five-year payment window.00:09 Welcome00:25 Why Earnouts Matter01:26 ATO Views Over Time05:44 TOFA as the starting point07:27 TOFA Mechanics and Timing09:27 Business Sale Exception Tests10:53 Structuring Contingencies13:26 In or Out of TOFA17:37 Outside TOFA and Look Through Earn out rights18:46 Look Through Requirements20:12 Five Year Rule Pitfalls23:39 Wrap Up and Key Takeaways
A activity in Australia and globally in 2026. Including deal volumes, valuation dynamics, regulatory scrutiny and execution risk. A practical discussion for anyone involved in planning, approving or delivering transactions.
Season 2 Episode 1: From Compliance to Capability: AUSTRAC’s Expectations for Corporate AustraliaIn this episode of On Just Terms, Herbert Smith Freehills Kramer disputes partners Jason Betts and Bryony Adams speak with Brendan Thomas, CEO of AUSTRAC, about the evolving financial crime risk landscape facing corporate Australia.Over the course of their discussion, Mr Thomas shares a number of invaluable insights about AUSTRAC’s expectations about the ways in which companies manage financial crime risk, with a particular focus on common mistakes and what ‘good’ looks like. This is a ‘must listen’ for any directors and executives at companies whose services are caught by Australian anti-money laundering laws but will also be of interest more generally to anyone with an interest in the governance and oversight of non-financial risk.
Breach of Principle 1 – Banque Havilland vicariously liable for senior employees’ lack of integrityOn 3 February 2026, the Upper Tribunal handed down its judgment finding, among other things, that Banque Havilland had breached Principle 1 of the FCA’s Principles for Businesses (the requirement to conduct business with integrity), on the basis that the firm was vicariously liable for the actions of its senior employees. In Episode 11 of the FSR Brief, Jon Ford, Kate Meakin and Izzy Salzedo discuss the Upper Tribunal’s exploration of vicarious liability and agency law as a novel route to establishing a breach of Principle 1, and consider questions of liability and attribution from both a corporate crime and financial services regulatory perspective. The discussion also touches on the Upper Tribunal’s more generous approach to penalty and mitigation when compared with the FCA’s decision.For further background read our blog post: https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/the-curious-case-of-banque-havilland-a-firm-held-vicariously-liable-for-a-lack-of-integrity
Liz Kantor and Vanessa Naish, co‑editors of Inside Arbitration for the past decade and hosts of the Inside Arbitration podcast series, present a special anniversary edition marking ten years of this flagship publication.They are joined by our Global Co‑Heads of Arbitration, Andrew Cannon and Simon Chapman KC, for a thoughtful and wide‑ranging discussion reflecting on a decade of change and development within the arbitration landscape.In this commemorative episode, Liz and Vanessa speak with Andrew and Simon about the origins of Inside Arbitration, the major trends that have shaped international arbitration over the last ten years, and the developments set to influence its future trajectory. From procedural innovation and increasing regionalisation to the growing impact of geopolitics, ESG considerations, and the evolution of investment treaty arbitration, the conversation provides a candid and compelling insight into how the practice has progressed and where it is heading next.Listeners can also look forward to an energetic quick‑fire round to close the episode, during which Simon and Andrew offer rapid, practical insights on seats, sectors, strategy, drafting pitfalls, and career advice for aspiring practitioners.
In this edition of the public law podcast series, Jasveer Randhawa is joined by HSF Kramer Partner James Wood and Of Counsel (Australia) Christine Iacono. Together, they discuss key points around engaging with advertising regulators, specifically the UK's Advertising Standards Authority (ASA). Their discussion covers the ASA's investigation process, as well as the consequences of non-compliance with the ASA's Advertising Codes. They also touch on the use of AI in advertising, and some recent ASA rulings attracting debate over the regulator’s remit and approach. To conclude, they discuss the available options for challenging a decision by the ASA. Speakers: Jasveer Randhawa (Knowledge Counsel), James Wood (Partner), and Christine Iacono (Of Counsel) (Australia).
AI where we unpack the key developments in AI that are shaping litigation today. In this episode we discuss the Civil Justice Council’s interim report and consultation on the use of AI in preparing court documents and give an overview of the first cases to consider the impact of AI on privilege. This episode is hosted by Martin Hevey, a senior associate in our disputes team, who is joined by Emma Deas, a financial services litigation partner, and Charlotte Benton, a senior associate in our disputes team.Below you can find links to our blog posts on the developments and cases covered in this podcast.•Civil Justice Council publishes consultation on use of AI for preparing court documents https://www.hsfkramer.com/notes/litigation/2026-02/civil-justice-council-publishes-consultation-on-use-of-ai-for-preparing-court-documents•New York court finds client chats with generative AI tool Claude are not privileged https://www.hsfkramer.com/notes/litigation/2026-02/new-york-court-finds-client-chats-with-generative-ai-tool-claude-are-not-privileged•Upper Tribunal observes that uploading confidential documents into open-source AI tools waives client confidentiality and legal privilege https://www.hsfkramer.com/notes/litigation/2026-03/upper-tribunal-observes-that-uploading-confidential-documents-into-open-source-ai-tools-waives-client-confidentiality-and-legal-privilege•Navigating legal privilege issues when using AI https://www.hsfkramer.com/notes/litigation/2025-12/navigating-legal-privilege-issues-when-using-ai
In this second part of our podcast on the Employment Rights Act 2025 reforms coming into force in April 2026, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, discuss the coming changes to collective redundancy protective awards and the implications of the new Fair Work Agency, including in relation to potential liability for backdated statutory holiday pay. They round up with a list of key actions for HR to take before 6 April 2026.
A new season of Employment Espresso Pods will cover the extensive employment law reforms being made by the Employment Rights Act 2025. In this first of a two-parter on the April 2026 changes, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, discuss the changes to statutory sick pay, family leave and whistleblowing. Further changes are covered in Part 2, along with a list of key action-points for HR.
In this podcast, pensions partner Michael Aherne speaks with three students who recently completed the Durham Law School Employability Course.Host: Michael Aherne (Partner, Herbert Smith Freehills Kramer)Speakers: Oliver Scott, Emily Bonney and Pa-ansu Ceesay
A podcast series, we talk about share for share takeovers, or securities exchange offers.We look at the issues that need to be considered in the context of these deals under:• the new regime for offers of securities and prospectuses;• the Takeover Code; and• the UK Listing Rules.We also discuss whether we are likely to see more offers with share consideration in light of the new prospectus regime that came into force in January this year.
Workplace change is accelerating—and so are psychosocial risks. In this episode of Inside IR, Natalie Gaspar and Nerida Jessup explore how rapid organisational change is reshaping industrial relations, safety obligations and regulatory expectations, and what employers can do to better manage psychosocial risk.Note: Since filming, the NSW Parliament passed the Work Health and Safety Amendment (Digital Work Systems) Bill 2026. The Digital Work Systems Bill introduces new duties on persons conducting a business or undertaking to the WHS Act concerning the use of ‘digital work systems’ and provides for expanded rights for WHS permit holders accessing a workplace.
In this episode, we talk about a number of recent takeovers by way of scheme where the target shareholders have either voted the scheme down, or the vote has been very close. We also look at what parties can do if it looks like the vote will be close.
In this episode, we talk about a number of recent takeovers by way of scheme where the target shareholders have either voted the scheme down, or the vote has been very close. We also look at what parties can do if it looks like the vote will be close.
are questions of fact and are often not protected by privilege anyway. 3. Cyber planning breaks down when it obsesses over data and ignores continuity. There are numerous examples in the healthcare space. Legal duties pushed decision‑makers to prioritise protecting data over keeping life‑saving services running. That’s a structural flaw. In some crises, loss of service is far more harmful than loss of data — yet our frameworks don’t always reflect that. 4. Along this line, operational outages are more dangerous than data breaches — and we’re not ready for them. When ports, airlines or hospitals go down, the economic and social impact is immediate and severe. These aren’t just “bigger data breaches”; they’re a different category of risk altogether. Australia hasn’t yet experienced one at scale, but when it does, the shock will be national. It's certainly my biggest fear. 5. Ransomware only works if we treat threats as credible. Data extortion relies on panic and amplification. Australia’s experience shows that when institutions, media and law enforcement refuse to play along — and don’t amplify stolen data — attackers lose leverage, even if data technically leaks. The economics of the cyber criminal model collapse surprisingly quickly. There’s loads more in the full podcast (~20 minutes). Definitely worth a save and watching or listening on your commute to/from work. This is cross examining Professor Ciaran Martin – Part 2. Here we go…
where terms are incorporated by reference https://www.hsfkramer.com/notes/bankinglitigation/2025-11/court-of-appeal-recognises-onerous-clause-doctrine-where-terms-are-incorporated-by-referenceSupreme Court reshapes UK competition class actions landscape https://www.hsfkramer.com/notes/bankinglitigation/2025-12/supreme-court-reshapes-uk-competition-class-actions-landscapeGovernment to legislate for enforceability of litigation funding agreements based on a share of damages https://www.hsfkramer.com/notes/bankinglitigation/2025-12/government-to-legislate-for-enforceability-of-litigation-funding-agreements-based-on-a-share-of-damagesBanking Litigation Yearbook and broader Disputes Yearbook for 2025 https://www.hsfkramer.com/notes/bankinglitigation/2025-12/banking-litigation-yearbook-and-broader-disputes-yearbook-for-20252026 Global FSR Outlook: The Human Element | Herbert Smith Freehills Kramer | Global law firm https://www.hsfkramer.com/notes/bankinglitigation/2026-01/2026-global-fsr-outlook-the-human-element
In this episode, we are joined by Professor Ciaran Martin, one of the globe's leading cyber thought leaders. He is often called upon by Governments, Government agencies and the private sector alike. He is also currently taking a leading educational role, demystifying the cyber space. Ciaran was the former head of the National Cyber Security Centre in the UK and played a critical role supporting the Australian Government in the creation of the Cyber Security Strategy.Our discussion with Ciaran was so interesting that we have broken it into two. In this part 1, we talk about Ciaran's various roles and how he has become such an important voice in the cybersphere. We also talk about the impact of geopolitics on the cyber threat. We know you are going to enjoy this discussion. Here we go...
in the tort of deceit, and the UK Jurisdiction Taskforce's draft legal statement on liability for harm resulting from AI. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by John Corrie, a banking litigation partner, and Camilla Macpherson, a knowledge lawyer in our disputes team.Below you can find links to our blog posts on the developments and cases covered in this podcast.•Public access to court documents: Commercial Court pilot https://www.hsfkramer.com/notes/litigation/2025-11/public-access-to-court-documents-commercial-court-pilot•Government to legislate for enforceability of litigation funding agreements based on a share of damages https://www.hsfkramer.com/notes/litigation/2025-12/government-to-legislate-for-enforceability-of-litigation-funding-agreements-based-on-a-share-of-damages•Supreme Court reshapes UK competition class actions landscape https://www.hsfkramer.com/notes/litigation/2025-12/supreme-court-reshapes-uk-competition-class-actions-landscape•Commercial Court dismisses application for stay on basis of English jurisdiction clause and forum non conveniens waiver clause https://www.hsfkramer.com/notes/litigation/2026-01/commercial-court-dismisses-application-for-stay-on-basis-of-english-jurisdiction-clause-and-forum-non-conveniens-waiver-clause•Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made https://www.hsfkramer.com/notes/litigation/2025-11/court-of-appeal-overturns-high-courts-interpretation-of-deferred-consideration-clause/privy-council-holds-no-requirement-in-deceit-claimant-consciously-aware-representation•UK Jurisdiction Taskforce consults on draft legal statement on liability for AI harms https://www.hsfkramer.com/notes/litigation/2026-01/uk-jurisdiction-taskforce-consults-on-draft-legal-statement-on-liability-for-ai-harmsSee podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep35-transcript-branded.pdf
Recorded on 26 November 2025As 2026 gets underway, join Steve Bell, Rohan Doyle and Natalie Gaspar for a special combined episode of Inside Employment, IR and Safety. The team explores the key people related risks and opportunities facing employers, from payroll compliance and evolving WHS obligations to the impacts of AI, emerging technologies and organisational change, sharing practical insights to help businesses prepare for the year ahead.
test that the FCA will apply when deciding whether to identify firms under investigation. The judgment can be found here (Part 1): https://www.bailii.org/ew/cases/EWHC/Admin/2025/2614.html and here (Part 2): https://www.bailii.org/ew/cases/EWHC/Admin/2025/2615.html, and our blog post on the judgment can be found here: https://www.hsfkramer.com/notes/publiclaw/2025-posts/high-court-dismisses-challenge-to-naming-announcement-by-the-fca.
In this January wrap up edition of the public law podcast, Jasveer Randhawa is joined by HSF Kramer partners Nusrat Zar and James Wood. Together, they discuss the extent to which a contractual context limits the scope of judicial review by reference to the case of Rydon Group Holdings, before delving into a challenge brought under the European Convention on Human Rights in Greenpeace Nordic v Norway. They then touch on the second subsidy control case brought to the Competition Appeal Tribunal since the introduction of the Subsidy Control Act 2022. To conclude, they discuss the FCA's approach to publicity surrounding investigations in CIT v FCA, and the Court of Appeal's clarification of the compensation rights available under the National Security and Investment Act 2021 where national security interventions interfere with property rights. Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner).You can find out more about the cases covered in this podcast on our blog at the following links:Contractual context limits scope of judicial review – but where does it leave us? https://www.hsfkramer.com/notes/publiclaw/2025-posts/contractual-context-limits-scope-of-judicial-reviewEuropean Court of Human Rights adds to growing body of climate change caselaw https://www.hsfkramer.com/notes/publiclaw/2025-posts/european-court-of-human-rights-adds-to-growing-body-of-climate-change-caselawNew insights into legal challenges under the Subsidy Control Act 2022 https://www.hsfkramer.com/notes/publiclaw/2025-posts/new-insights-into-legal-challenges-under-the-subsidy-control-act-2022High Court dismisses challenge to Naming Announcement by the FCA https://www.hsfkramer.com/notes/publiclaw/2025-posts/high-court-dismisses-challenge-to-naming-announcement-by-the-fcaCourt of Appeal clarifies compensation rights under the National Security and Investment Act 2021 https://www.hsfkramer.com/notes/publiclaw/2025-posts/court-of-appeal-clarifies-compensation-rights-under-the-national-security-and-investment-act-2021
In this episode, we explore the first crucial step in joining the HSF Kramer Solicitor Apprenticeship programme. Get insider tips on preparing your application, standing out in interviews, and what the firm looks for in prospective apprentices. Hear directly from our Early Careers Recruitment team and current apprentices about their experiences and advice to help you succeed from the start.
A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies.
In this episode of the Herbert Smith Freehills Kramer Tax Podcast, Tax Bites, partner Toby Eggleston, Associate Dan Beratis, and Ryan Leslie delve into the Full Federal Court's decision in the Commissioner of Taxation v Hicks case. They discuss the background, facts, and history of the case, which involved a fashion retail business named City Beach, its restructure, and the tax implications under Section 45B and Part IVA of the 1936 Act. The episode covers the court's reasoning, the taxpayer's and commissioner's arguments, and key takeaways from the case, including the interpretation of Section 45B, the role of purpose in tax legislation, and the application of anti-avoidance rules. Additionally, insights from the recent PepsiCo decision and the potential impacts on future tax cases are explored. 00:10 Introduction and welcome 00:29 Case background and facts 02:53 Restructure details 04:40 Commissioner's response 06:35 Full Federal Court's reasoning 07:51 Section 45B analysis 17:41 Part IVA analysis 24:10 Conclusion and final thoughts
If you have just one podcast on your holiday listening list, this is it ¬— our Cross Examining Cyber: 2025 Summer Wrapped Podcast Special. In this episode, we bring together highlights from the last 12 months. Pearls of wisdom from our various podcast guests including the National Cyber Security Coordinator, Lt Gen Michelle McGuinness, CyberCX’s Alistair MacGibbon, Karen Kukoda from Google Mandiant, CEO of the AICD Mark Rigotti, Tamir Maltz (Australia’s leading cyber injunction barrister), Bruce Tonkin (CEO of auDA) and our very own Carolyn Pugsley, Christine Wong and Peter Jones.This is Cross Examining Cyber’s 2025 Summer Wrapped Podcast Special. Here we go…
Join Knowledge Counsels, Liz Kantor and Vanessa Naish, together with special guest Craig Tevendale, Partner and head of the HSF Kramer arbitration group in London, as they explore the most significant English arbitration cases and developments of 2025. In this episode, they discuss recent case law on the boundaries of arbitral confidentiality, time limits for challenging awards and competing dispute resolution clauses. They also look ahead to major decisions expected in 2026 on state immunity and the purpose and limits of the New York Convention. Offering practical insights for practitioners and clients navigating the evolving landscape of English arbitration, this episode will ensure that you stay on top of the latest trends and judgments shaping the field of commercial arbitration.
As 2025 draws to a close, join presenters Steve Bell, Rohan Doyle and Natalie Gaspar for a special combined episode of Inside Employment, IR and Safety, reflecting on the year that was. In this final episode for 2025, we unpack the key developments in Employment, IR and Safety that shaped workplaces this year, and share lessons learned and tips for employers.
In this FESTIVE SPECIAL edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Sarah Penfold, Charlotte Benton, Alexander Gridasov, Tom Wyer, Nic Patmore, Scott Warin and Tim Kyriakou. You can find links to our blog posts on the case covered in this podcast below:•High Court finds default interest clause in loan agreement is not an unenforceable penalty https://www.hsfkramer.com/notes/bankinglitigation/2025-11/high-court-finds-default-interest-clause-in-loan-agreement-is-not-an-unenforceable-penalty•County Court rejects discrimination claim on procedural grounds but finds refusal of financial services because a company is Russian owned would amount to direct discrimination https://www.hsfkramer.com/notes/bankinglitigation/2025-11/county-court-rejects-discrimination-claim-on-procedural-grounds•Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made https://www.hsfkramer.com/notes/bankinglitigation/2025-11/privy-council-holds-that-there-is-no-legal-requirement-in-the-tort-of-deceit-to-show-that-a-claimant-was-consciously-aware-of-the-representation-made•High Court dismisses judicial review challenge of FCA's Naming Announcement https://www.hsfkramer.com/notes/bankinglitigation/2025-11/high-court-dismisses-judical-review-challenge-of-fcas-naming-announcement•High Court confirms that non-authorised fee earners cannot conduct litigation https://www.hsfkramer.com/notes/litigation/2025-10/what-can-a-non-admitted-fee-earner-do-when-working-on-litigated-matters•Commercial Court pilot will mean many more court documents publicly available by default from 1 January 2026 https://www.hsfkramer.com/notes/bankinglitigation/2025-09/commercial-court-pilot-will-mean-many-more-court-documents-publicly-available-by-default-from-1-january-2026•2025 Global Bank Review - Innovating amid turbulence https://www.hsfkramer.com/notes/bankinglitigation/2025-11/2025-global-bank-review-innovating-amid-turbulenceDon't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/
In this episode, Steve Bell, Aaron Anderson and Olga Klimczak explore the evolving responsibilities of directors in managing workplace safety. The discussion covers critical hazards and controls, the impact of Queensland legislation, and the three pillars of managing critical risks effectively – diligence, governance, and reporting and transparency. Our hosts unpack how directors can maintain visibility over governance structures while meeting growing expectations for accountability.We also examine the role of regulators in workplace investigations and the challenges posed by the sheer volume and pace of regulatory change. Tune in to gain practical insights on strengthening governance frameworks and staying ahead in a rapidly shifting compliance landscape.
In the third episode of our 'Future of wealth management' podcast series, Barney Hinnigan, Marina Reason and Chris Hurn consider the FCA's findings from its multi-firm review of consolidation in the financial advice and wealth management sector. We also discuss the review findings in a related blogpost – see Wealth consolidation - FCA review findings https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/wealth-consolidation-fca-review-findingsSpeakers: Barney Hinnigan, Partner, Corporate, Marina Reason, Partner, Financial Services Regulatory, Chris Hurn, Of Counsel, Financial Services Regulatory
In the second episode of our 'Future of wealth management' podcast series, Marina Reason and Aurell Taussig consider the impact of the Budget on the wealth management sector.
Speakers: Marina Reason, Partner, Financial Services Regulation and Aurell Taussig, Partner, Tax
This is the 34th episode of our series of commercial litigation update podcasts. In this episode we discuss the upcoming pilot on public access to court documents, the new disclosure survey, and some important decisions on service of proceedings, termination of contracts, contractual interpretation and conditions precedent. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by James Farrell, a disputes partner, and Chris Cox, a senior associate in our disputes team.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
- UK Commercial Court pilot will mean many more court documents publicly available by default from 1 January 2026
- Disclosure Review Working Group seeks views on disclosure under PD 57AD
- Court of Appeal confirms defendant not required to take any steps in proceedings unless claim form validly served in time
- Court of Appeal confirms party cannot waive contractual right to terminate unless it is actually aware of the right
- Court of Appeal finds loss of bargain damages were available on termination for non-repudiatory breach of contract under express contractual provision
- Court of Appeal overturns High Court’s interpretation of deferred consideration clause
- Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach
See podcast episode transcript here.
In this episode, we cross examine Dr Bruce Tonkin, Chief Executive Officer at auDA. Dr Tonkin is one of Australia’s true internet pioneers and has been at the forefront of the cyber security discourse in Australia for a number of decades.
He is now the CEO at .au Domain Administration, the organisation endorsed by the Australian Government to manage the .au domain.
We had a great conversation, talking about Bruce’s career journey (and the evolution of the internet here in Australia), the role of auDA and the importance of protection of the .au domain. You may be surprised how much we depend on auDA as part of our interconnected business community. We also talk to the effective role of a lawyer in a cyber incident.
Bruce also shared some really interesting insights into the global domain space, including the unexpected economic benefits of having a country code like “tv” or “ai”. Fascinating!
It was a privilege to speak with Bruce. Thanks again for listening. This is Cross Examining Dr Bruce Tonkin. Here we go…
This podcast explores how ESG and energy challenges are being addressed in data centre design and development, with a focus on innovation during the AI boom.
Speakers: Tim Healey - Partner, HSF Kramer, JP Attlee – Senior Associate, HSF Kramer, Ben Worth, Senior Legal Counsel, Global Switch, Steven Parker – Solutions Engineering Director, Global Switch
The real estate landscape is shifting fast, bringing challenges that developers, investors and occupiers cannot afford to ignore. This podcast features a discussion between the real estate dispute resolution team at Herbert Smith Freehills Kramer, who have pooled their decades of experience into a forward-looking guide – Forearmed 2026 - focusing on 10 key areas where real estate disputes are most likely in 2026 and beyond. In this podcast, the team discuss their key predictions from the guide, which can be read in full here.
Speakers: Matthew Weal, Frances Edwards, Graeme Robertson, Shanna Davison, Hugh Le Gear and Leon Culot - Herbert Smith Freehills Kramer
In this podcast, we explore class actions procedures and trends in Australia, and what similarities and differences there are with England and Wales. The episode is hosted by Rachel Lidgate, a partner in our disputes team in London. She is joined by two disputes partners in our Australian offices who have extensive experience of dealing with class action litigation, Jason Betts and Aoife Xuereb.
For a more in-depth analysis see Class actions radar: Australia, which is part of our report on the global class actions landscape, Class actions radar: scanning global trends and risks. See also our 2024 survey Rethinking risk: Inside Class Actions in Australia.
This podcast is the second half of our mini-series looking at the class actions landscape in the US and Australia. The US episode is available here.
In this episode, we cross examine Carolyn Pugsley, Christine Wong, and Peter Jones, Partners at Herbert Smith Freehills Kramer, and key members of our incident response team. We have all worked closely on some of the region's most signficant cyber attacks.
In this podcast we talk about the most critical legal issues confronting corporates in Australia, in light of the current cyber threat landscape. We discuss director duties, disclosure, the use of privilege, the rise of the cyber injunction and third party / supply chain management.
It was a privilege to curate this discussion. Every time I speak with Carolyn, Christine and Peter…I learn more. I’m sure you’ll get a lot out of this discussion.
This is cross-examining Cazz, Christine and PJ. Here we go…
Recorded on 24 June 2025
In this episode of Inside Employment, hosts Drew Pearson, Lucy Boyd, and Stephanie Blancquart unpack the evolving landscape of diversity, equity and inclusion (DEI) in the workplace. They explore the growing regulatory momentum in Australia – particularly the upcoming Gender Undervaluation awards review at the Fair Work Commission – and what it means for employers navigating modern award obligations and pay gap reporting.
The discussion also touches on the global shift away from traditional DEI initiatives, contrasting it with Australia’s intensifying focus on systemic reform. With key decisions expected to roll out from November into the new year, this episode offers insights for employers preparing for change.
The FSR Brief is back following an extended summer break, and top of the agenda is the FCA's proposal for a redress scheme which seeks to draw a line under the long running saga around the disclosure of motor finance commission. Jon Ford, Michael Tan, and Jack Moore discuss the scope of the scheme, what firms should be thinking about and what this means for the FCA's approach to redress more generally.For a high level view, you can read our summary of the FCA's proposal [https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/fca-consults-on-motor-finance-compensation-scheme]. For the full background, you can catch up on our previous FSR Brief podcast [https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/motor-finance--where-are-we-and-where-next] on motor finance from January 2025, and the special edition of Banking Litigation podcast [www.hsfkramer.com/notes/bankinglit…-special-edition] covering the Supreme Court's decision in August 2025. Our views on the FCA's consultation on the approach to redress more generally can be found on our blog [www.hsfkramer.com/notes/fsrandcorp…asonable-changes].
This podcast explores delivering social value within the living sector, including through regeneration and impactful development. Speakers: •Jasmine Ceccarelli-Drewry, Director, Place Advisory & Social Impact, Avison Young•Katherine Hosea, Project Director, London Legacy Development Corporation•Carolyn Milligan, Partner, HSF Kramer •Gabrielle Coppack, Knowledge Lawyer, HSF Kramer
In this podcast, we explore class actions procedures and trends in the US, and what similarities and differences there are with England and Wales. The episode is hosted by Alan Watts, a partner in our disputes team in London and joint head of our global class actions group. He is joined by two disputes partners in our New York office who have extensive experience of dealing with class action litigation: Eileen Patt, who focuses on advertising disputes, and Maxwell Herman, who focuses on product liability and ESG litigation.This is the first in a 'mini-series' of two episodes. We will be back with a second episode exploring the class actions landscape in Australia.For a more in-depth analysis see Class actions radar: United States https://www.hsfkramer.com/insights/reports/class-actions-radar-scanning-global-trends-and-risks/us, which is part of our report on the global class actions landscape, Class actions radar: scanning global trends and risks https://www.hsfkramer.com/insights/reports/class-actions-radar-scanning-global-trends-and-risks/us.
In part one of our Inside Safety podcast series exploring directors’ duties, Steve Bell, Aaron Anderson and Olga Klimczak delve into the evolving case law on responsibilities of officers under the Model Work Health and Safety laws and internationally. Through recent case law updates, the episode unpacks the key legal principles and explores the practical implications for directors. We analyse how directors can assess whether they’ve met their duty - by understanding the risks that occur within their business operations, applying appropriate resources, and verifying the effectiveness of controls. The discussion then offers practical insights into what reasonable steps look like, including the extent to which directors can reasonably rely on others within the business, and the importance of maintaining documentation as evidence of challenge and oversight. With regulators increasingly focused on senior leadership, this episode is a timely call to action for boards to move beyond paper obligations and engage meaningfully with safety governance.
In this episode of the Herbert Smith Freehills Kramer Tax Bites podcast, hosts Toby Eggleston and Professor Graham Cooper discuss the significant implications of the proposed Section 899 under President Trump's 'One Big, Beautiful Bill' Act. They delve into how these retaliatory taxes imposed by the US aim to counteract what are perceived to be unfair or discriminatory foreign taxes, particularly affecting Australian companies. The discussion covers the legislative background, specific unfair taxes such as undertaxed profits rules, digital services taxes, and diverted profits taxes. They also explore the potential consequences for Australian taxpayers, the Australian government's actions, and the broader impact on the international tax regime. 00:10 Introduction and Greetings00:31 Overview of Section 899 and Its Implications00:56 Background and Legislative Process01:52 Impact on Australian Firms and Government05:26 Unfair Foreign Taxes Defined10:29 Potential Triggers and Affected Taxes11:53 Impact on Australian Taxpayers and Government16:52 Modifications to BEAT Rules20:50 Treaty Interactions and Future Implications23:23 Conclusion and Final Thoughts
This is the 31st episode of our series of commercial litigation update podcasts. In this episode we will discuss fake authorities, the Hague 2019 judgments convention, the Civil Justice Council's report on litigation funding, a recent decision where the English court has accepted jurisdiction despite acknowledging that the case had a closer connection with Brazil, and some interesting recent cases on responding to proceedings and inadvertent disclosure of privileged material. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Neil Blake, a disputes partner, and Tracey Lattimer, a knowledge lawyer in the commercial litigation team.Below you can find links to our blog posts on the developments and cases covered in this podcast.Links• Court lambasts citation of fake authorities in proceedings and orders wasted costs - https://www.hsfkramer.com/notes/litigation/2025-05/court-lambasts-citation-of-fake-authorities-in-proceedings-and-orders-wasted-costs• The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution - https://www.hsfkramer.com/notes/litigation/2024-06/the-hague-2019-cudgments-convention-bolstering-the-uks-position-as-a-jurisdiction-of-choice-for-international-dispute-resolution• Civil Justice Council's final report on litigation funding recommends "light touch" statutory regulation - https://www.hsfkramer.com/notes/litigation/2025-06/civil-justice-councils-final-report-on-litigation-funding-recommends-light-touch-statutory-regulation• High Court allows case to proceed against defendant companies domiciled in England despite claims having more real and substantial connection with Brazil - https://www.hsfkramer.com/notes/litigation/2025-03/high-court-allows-case-to-proceed-against-defendant-companies-domiciled-in-england-despite-claims-having-more-real-and-substantial-connection-with-brazil• High Court declines to extend time for defendant to challenge court's jurisdiction, despite claim form having been served out of time - https://www.hsfkramer.com/notes/litigation/2025-04/high-court-declines-to-extend-time-for-defendant-to-challenge-courts-jurisdiction• High Court grants permission to rely on inadvertently disclosed privileged documents where the mistake was not obvious - https://www.hsfkramer.com/notes/litigation/2025-05/high-court-grants-permission-to-rely-on-inadvertently-disclosed-privileged-documents-where-the-mistake-was-not-obviousSee podcast episode transcript here - https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-transcript-ep31.pdf
Changes are being made to company law, to tackle fraud and boost transparency. The changes affect pension schemes. In particular, trustee directors will in future need to verify their identity.Isobel Hoyle from our corporate team joins to discuss. She explains what identity verification will involve, and flags other points which should be on the radar of trustees and employers.For more on identity verification and the changes generally, click here for a suite of guides published by Isobel and colleagues.Subscribe to the HSF Pensions Notes Blog here: https://www.hsfkramer.com/notes/pensions/subscribe
After initial scepticism, Crypto is making its way into the UK regulatory perimeter. In the sixth episode of the FSR Brief, Jon Ford and Michael Tan are joined by Chris Ninan and Elizabeth Stephens to discuss the road to regulation, with a focus on the recently published statutory instrument https://www.gov.uk/government/publications/regulatory-regime-for-cryptoassets-regulated-activities-draft-si-and-policy-note from the UK Government, and the FCA's "DP25/1: Regulating cryptoasset activities". https://www.fca.org.uk/publication/discussion/dp25-1.pdfWe explore how the Government and the FCA propose to balance the promotion of growth of the Crypto industry with the need to protect consumers. This episode supplements the podcast by our FSR advisory team on the Top 3 Takeaways from the new Crypto Rules https://soundcloud.com/hsfkramer/fsr-the-new-uk-crypto-rules, and the blog post about the draft rules https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2025-posts/uk-cryptoassets-regime-the-draft-rules-have-landed.
In this episode we talk about auction procedures under the Takeover Code.We discuss: •what an auction procedure is;•when they are used; and •how they work.
Tune into our 27th episode of Inside IR, in which IR experts Rohan Doyle (Partner) and Emma Vautin (Senior Associate) are joined by Steve Bell, Managing Partner and Safety lead, to discuss “Managing picket lines at the workplace – the crossover between IR and safety”. In this episode, the team share their extensive experience in working alongside clients in managing pickets outside their workplaces and reflect on what they see as an increasing frequency of workplace pickets. Steve, Emma and Rohan reflect on the harm that obstructive pickets can cause, the psychosocial health and safety risks that they sometimes present, and share tips on how employers and principals can promote safe access to and egress from their worksites during these events.
Artificial intelligence is upon us, but are schemes ready? Trustees may not yet be offering AI tools, but members have been quick off the mark. In this second episode, we discuss how members are using AI, before closing with practical tips for trustees. Our guest, again, is comms consultant Thomas Joy (Quietroom). Subscribe to our Pensions Notes Blog here: www.herbertsmithfreehills.com/notes/pensions/subscribe
Marina Reason and Ioannis Asimakopoulos discuss the scope of the new UK crypto rules and highlight the top 3 takeaways. They consider the draft legislation that will bring certain cryptoassets within the financial services regulatory perimeter. They also outline the key aspects of a related Financial Conduct Authority (FCA) discussion paper that sets out the FCA's initial proposals for regulating these new activities.Speakers: Marina Reason, Partner, Financial Services Regulation, London and Ioannis Asimakopoulos, Senior Associate, Financial Services Regulation, London.
Tim Stutt, Anna Coroneo and Isabella Kelly delve into the integration of sustainability reports into annual reports, exploring the challenges and strategies for clear and effective climate-related disclosures. They cover a broad spectrum of topics including the potential for ASIC relief applications, complexities of cross-referencing and implications of the modified liability regime. They share insights from the latest ASIC sustainability guidance released in March 2025 and practical tips for ensuring compliance and effective communication in your sustainability reporting.
Karen is a genuine global leader in the cyber-legal space. She manages the relationship between Google Mandiant and its law firm and insurance partners. She has had a remarkable cyber career…think FireEye, Safeguard Cyber, Mandiant and now Google Mandiant!Karen and I caught up at the IAPP Global Conference in Washington D.C. and then again at the RSAC Conference in San Francisco. We recorded this session as some 50,000 cyber experts took over downtown San Francisco.If you want to know more about the interaction between law firms and cyber forensic firms, this podcast is for you. Karen shares her views on the current threat landscape, the role of the cyber-forensic expert, the remarkable rise of the Google Mandiant cyber team and successful engagement with law firms / legal teams.A proud Buffalonian and fierce advocate for women in cyber. This is cross-examining Karen Kukoda. Here we go…
In the first episode of the podcast, hosted by Steve Bell and Nerida Jessup, we focus on a contemporary issue for Australian workplaces - psychosocial health and safety. Traditionally centred on physical risks, there has been a significant shift over the past five years towards managing non-physical risks such as bullying and sexual harassment. This now includes considerations on how work is performed, allocated, and designed to help employees thrive. This episode highlights the increased regulation and enforcement in this area more recently, emphasising the need for developing risk registers to identify psychosocial risks and implementing consistent controls. It also notes the growing expectation for HR and people and culture teams to adopt the language of work health and safety and risk management, offering practical tips on how to effectively manage these changes.
In this episode of the Talking Shop podcast, we delve into the role of Intellectual Property (IP) as a tool for sustainability. We explore how technology and IP can be leveraged to reduce waste while simultaneously increasing value for a brand, and the balance between innovation, sustainability, and IP protection.
Artificial intelligence is upon us, but are schemes ready? Like it or not, members are already turning to AI to guide their pension decisions. In the first of two episodes, we focus on the opportunities and challenges for trustees. Thomas Joy, from comms consultants Quietroom, joins to discuss with pensions partner Michael Aherne.Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe
Our M&A and Trade experts from the UK (Alex Kay), Europe (Morris Schonberg), Asia (Nanda Lau) and Australia (Andrew Rich) discuss the current economic and geopolitical headwinds impacting M&A activity in the consumer sector, reflect on the biggest transactions from the past year and make predictions for deal activity in the next 12 months.
In our first episode of The Third Wheel for 2025, Tim Stutt, Anna Coroneo and Suzannah Hewson explore the key themes and latest trends in climate and sustainability reporting both globally and in Australia. They offer practical advice for companies preparing for new regulatory requirements and conducting climate reporting readiness initiatives, including gaps analysis, data management, and stakeholder engagement. They also explore broader ESG issues, such as integrating ESG into risk management and procurement processes, and the future of nature-related reporting.
In this edition of our banking litigation podcast, we discuss and debate some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Ariel Wiebe.You can also listen on Apple, Spotify, Buzzsprout and SoundCloud, and find links to our blog posts on the cases covered in this podcast below:•Court of Appeal confirms that dishonesty is essential ingredient in half-secret commission claims https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/court-of-appeal-confirms-that-dishonesty-is-essential-ingredient-in-half-secret-commission-claims•High Court confirms 5,800 motor finance claimants can use omnibus claim forms and do not need to issue separate claim forms https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-motor-finance-claimants-can-use-omnibus-claim-forms-and-do-not-need-to-issue-separate-claim-forms•High Court confirms no novel "retrieval" duty owed by receiving banks to non-customers https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-no-novel-retrieval-duty-owed-by-receiving-banks-to-non-customers•High Court rules in favour of APP fraud victims in "derivative" action against PSP for breach of so-called Quincecare duty https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-04/high-court-rules-in-favour-of-app-fraud-victims-in-derivative-action-against-psp-for-breach-of-so-called-quincecare-duty•Banking litigation podcast episode 51: Quincecare special – March 2025https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/Banking-litigation-podcast-episode-51--Quincecare-special-%E2%80%93-March-2025•High Court finds Letter of Comfort creates binding guarantee and Ralli Bros principle not engaged where foreign illegality arises from failure to seek regulatory permission https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-letter-of-comfort-created-binding-guarantee-ralli-bros-principle•Asymmetric jurisdiction clauses: CJEU finds jurisdiction clause in favour of EU courts may be valid despite giving one party greater choice https://www.herbertsmithfreehills.com/notes/litigation/2025-03/Asymmetric-jurisdiction-clauses--CJEU-finds-jurisdiction-clause-in-favour-of-EU-courts-may-be-valid-despite-giving-one-party-greater-choice-•Hedging: where is the dividing line? https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-04/Hedging--where-is-the-dividing-line-•Biannual Banking Litigation Update (Spring 2024) https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/bi-annual-banking-litigation-update-spring-2025Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
As part of Government's relentless drive to grow the economy, regulators have been challenged on how they can support the growth agenda. In Episode 5 of the FSR Brief, Jon Ford and Michael Tan are joined by Jenny Stainsby and Tim Parkes to discuss how this is playing out in Financial Services, and how regulators are responding. At the same time as going "God on Growth", the FCA has fired up the debate about where the balance should lie between consumer protection and risk taking, and where the "sweet spot" lies between over and under regulating.
In this episode of the Herbert Smith Freehills Tax Podcast, partner Toby Eggleston and consulting Professor Graham Cooper discuss recent tax policy announcements from both major political parties in light of the upcoming election. They focus on measures affecting large businesses, small businesses, and individuals and on unenacted measures and the implications of these policies for businesses and taxpayers. also touch on the impact of global tax trends, specifically the OECD’s pillar one and pillar two frameworks. 00:10 Introduction and Welcome00:37 Election Cycle Updates01:50 Tax Proposals for Individuals08:49 Tax Proposals for Small Businesses15:15 Venture Capital and Fuel Excise18:01 Unenacted Measures and Future Proposals28:47 Conclusion and Final Thoughts
In this Easter edition of the public law podcast, Jasveer Randhawa is joined by HSF partners Nusrat Zar and James Wood. Together, they discuss the application and availability of public law in a contractual context. They then delve into the cases of Sarcp and Clifford to consider the duty to consult and the Gunning principles. To conclude, they explore approaches to the extension of Convention rights and reflect on public law courts' willingness to carry out and safeguard their role in cases ranging from environmental protection to unfairness relating to policy changes. Don’t forget to subscribe to the channel to receive updates on future episodes: https://soundcloud.com/herbert-smith-freehills Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner).You can find out more about the cases covered in this podcast on our blog at the following links:Court of Appeal finds contractual dispute resolution process amenable to judicial review https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/Court-of-Appeal-finds-contractual-dispute-resolution-process-amenable-to-judicial-review-How (not) to consult: consultation and the Gunning principles in operation https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/how-not-to-consult-consultation-and-the-gunning-principles-in-operationNo interest here: High Court refuses to extend extraterritorial scope of the European Convention on Human Rights https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/no-interest-here-high-court-refuses-to-extend-extraterritorial-scope-of-the-european-convention-on-human-rightsEuropean Court of Human Rights finds first violation of Convention rights based on climate change https://www.herbertsmithfreehills.com/notes/publiclaw/2024-04/european-court-of-human-rights-finds-first-violation-of-convention-rights-based-on-climate-changeEuropean Court of Human Rights finds state failure to deal with decades of large scale pollution breaches right to life https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/European-Court-of-Human-Rights-finds-state-failure-to-deal-with-decades-of--large-scale-pollution-breaches-right-to-life
Reforms to the ‘tipping off’ offence under section 123 of the Australian Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) came into force from the 31st of March. The revised offence differs significantly from the former regime and will have significant implications for the day-to-day practices of many Australian businesses. In this episode, HSF Partners Bryony Adams and Alice Molan, and Senior Associate Daniel Hyde, outline how the revised offence differs from the former, discuss key themes emerging from AUSTRAC’s recently released guidance, and provide some thoughts on what the reforms might mean for reporting entities and others.
In this episode, we cross examine Mark Rigotti, Managing Director and Chief Executive Officer of the Australian Institute of Company Directors (AICD), technically the largest director institute in the world with 53,000 members.Mark has had a remarkable career, including as Global CEO at Herbert Smith Freehills for two terms over 2014-2020 (based in London). He was also Chair of the firm's Global Executive, Chair of the Global Diversity & Inclusion Group and a Member of the HSF Global Partnership Council. Prior to becoming the Global CEO of HSF, he led a number of practice groups including the Banking and Finance Group as well as the Corporate Group. In this podcast we go deep into cyber governance, we look at the role of the AICD, the challenges faced by the board before / during an incident, how you measure risk for your businesses and make risk based decisions. We also take a closer look at trust at the board table – both between directors and between management. I had to ask Mark about the role of the lawyer in cyber…his observations are spot on.Thanks again for listening. This is Cross Examining Mark Rigotti, CEO of the AICD. Here we go…
In this episode we discuss "bear hugs", that is where a potential bidder for a target goes public about its possible offer without the target board's consent and appeals directly to the target's shareholders.We talk about: •why a bear hug might be used by a bidder;•where we have seen them used in recent months; and •why we are seeing more of them.
Join our experts as they discuss how to approach legal professional privilege in the context of collaboration platforms such as Microsoft Teams, Slack and WhatsApp, particularly in light of possible requirements to produce documents to regulators, discovery obligations and other litigation processes.
Recorded 31 March 2025This election special of Inside IR looks at the upcoming 2025 Australian Federal Election through an industrial relations and employment lens. Given the vast amount of reform over the last 3 years, what does the next term of federal politics look like?Our team explores how the major parties are approaching their election campaigns, as well as the key roles that the independents are once again expected to play.Drew Pearson (Partner) and Natalie Gaspar (Partner) first set the scene with a brief history on IR reform over the last couple of decades and how we arrived where we are today, and discuss the potentially crucial role of the independents in the next Parliament. Wendy Fauvel (Partner) and Rommo Pandit (Executive Counsel) then touch on the ALP’s agenda, and the ACTU’s proposals that we may see the ALP adopt, including in relation to bargaining, superannuation, consultation and AI, and whistleblowing.
Transparency in AI - The legal principles governing decision-making by public authorities and regulatorsIn this edition of the Herbert Smith Freehills Public Law Podcast, Andrew Lidbetter and Hannah Lau explore the issue of transparency in AI-driven decision-making which involves AI public bodies and regulators.With AI being used increasingly to inform regulatory and public body decisions, we discuss the challenge that a potential lack of transparency poses and explore the current legal position. We unpack how pre-established legal principles might assist (or may need to evolve) in holding regulators and public bodies accountable when it comes to transparency in decision-making which involves AI.Join us as we reflect on some of the legal complexities in this ever-developing area.
In this latest episode of Insurance Bites, partners Greig Anderson and Antonia Pegden and associate Meena Mariadassou explore the insurance implications of the motor finance broker commission cases (Johnson v FirstRand Bank; Wrench v FirstRand Bank; Hopcraft v Close Brothers). The Supreme Court hearing of this case begins this morning, and could have significant consequences for financial services policyholders in the UK - this episode gives an overview of the case, and practical steps to take from a coverage perspective. You can find links to our blogs and podcasts on the cases covered in this podcast below: •Court of Appeal finds lenders liable in motor finance broker commission cases https://www.herbertsmithfreehills.com/notes/insurance/2024-posts/Court-of-Appeal-finds-lender-liable-in-motor-finance-broker-commission-cases-•Secret commissions and indemnity policies: Insurance implications of Court of Appeal broker commissions decision in Johnson v FirstRand https://www.herbertsmithfreehills.com/notes/insurance/2024-posts/secret-commissions-and-indemnity-policies-insurance-implications-of-court-of-appeal-broker-commissions-decision-in-johnson-v-firstrand•High Court confirms 5,800 motor finance claimants can use omnibus claim forms and do not need to issue separate claim forms https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-motor-finance-claimants-can-use-omnibus-claim-forms-and-do-not-need-to-issue-separate-claim-forms•Motor Finance: Where are we and where next? https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2025-posts/motor-finance--where-are-we-and-where-next
Given the recent commencement of criminal wage thefts laws, increase in the maximum civil penalties that can be awarded for wage non-compliance, and focus of the Fair Work Ombudsman on prosecuting wage non-compliance, it is more important than ever to get wage compliance right. But there is a feature of our industrial relations system that can sometimes make achieving compliance a rather difficult exercise…. We are of course talking about long, complex and ambiguous enterprise agreements.Many employers are saddled with enterprise agreements that are, at best, confusing, and at worst, internally inconsistent. They are a product of decades of enterprise bargaining – where words that were crafted 30 or so years ago have either been left as they were and considered too difficult to modernise, or been added to over time resulting in an unwieldly hodgepodge of obligations, entitlements, exceptions, and conditions. The cost and risk to business of managing compliance with these types of instruments is significant yet attempts to modernise terms during enterprise bargaining processes are often met with resistance.In our latest episode of our market-leading industrial relations podcast Inside IR, Partner Rohan Doyle and Senior Associate Mitchell Brennan grapple with this problem and explore potential solutions. Rohan and Mitchell:•provide a refresher on the potential consequences of long, complex, and ambiguous enterprise agreements, including in light of recent IR reform;•reflect on the reasons as to why some enterprise agreements have become a source of a significant non-compliance risk, and compliance cost, for some employers; and •explore various paths that employers can take – both inside and outside of bargaining – to achieve clearer terms and conditions that are easier and more cost effective to comply with.
In our second episode on DC consolidation, we look overseas. The Government has held up Australia as a role model. We discuss the rise of the Australian "supers", and the way in which they invest. What are the lessons for the UK consolidation journey? From our Sydney office, leading financial services lawyer Maged Girgis shares his thoughts.Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe
This episode brings together our CC&I and ESG teams to consider supply chain risks, both in the context of failure to prevent fraud and of broader sustainability issues. Elizabeth Head, Kate Meakin and Rebecca Chin discuss whether suppliers are associated persons for the purposes of failure to prevent fraud, increased international expectations and requirements around human rights and environmental due diligence on supply chains, and the steps that companies can consider taking to address these risks. Further information on the topics covered in this episode can be found in these links:•A summary of failure to prevent fraud is here https://marketing.hsf.com/20/33497/landing-pages/des0003152-v1.pdf•Further information on ESG and money laundering issues in supply chains is here https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2024-posts/court-of-appeal-decision-shines-a-spotlight-on-esg-and-money-laundering-issues-in-supply-chains•Information on the EU forced labour ban is here https://www.herbertsmithfreehills.com/insights/2025-01/eu-council-adopts-ban-on-products-made-with-forced-labour•Information on the Corporate Sustainability Due Diligence Directive is here https://www.herbertsmithfreehills.com/insights/2024-03/corporate-sustainability-due-diligence-to-become-mandatory-across-the-eu•We discuss UK calls for the introduction of mandatory human rights due diligence here https://www.herbertsmithfreehills.com/insights/2025-01/uk-house-of-lords-select-committee-calls-for-the-introduction-of-mandatory-human-rights-due-diligence•We discuss the EU's Omnibus proposals here https://www.herbertsmithfreehills.com/notes/esg/2025-posts/The-EU-Omnibus-Package-%E2%80%93-What-do-we-know-so-far-•To receive our latest ESG insights, sign up to our ESG Newsletter here https://www.herbertsmithfreehills.com/notes/esg/subscribe/
In this 30th episode of our series of commercial litigation update podcasts, we will discuss some recent decisions on privilege, a couple of high-profile cases on aspects of insolvency litigation, and some interesting cases on assignment and remedies. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Andrew Cooke, a disputes partner, and Camilla Macpherson, a knowledge lawyer in the commercial litigation team.Below you can find links to our blog posts on the developments and cases covered in this podcast.•Litigation privilege: High Court finds privilege applies to valuation report prepared for potential company sale https://www.herbertsmithfreehills.com/notes/litigation/2025-03/Litigation-privilege--High-Court-finds-privilege-applies-to-valuation-report-prepared-for-potential-company-sale-•High Court dismisses late application for disclosure of transcripts of audio files despite rejecting claim for litigation privilege https://www.herbertsmithfreehills.com/notes/litigation/2025-03/high-court-dismisses-late-application-for-disclosure-of-transcripts-of-audio-files-despite-rejecting-claim-for-litigation-privilege•High Court rejects without prejudice privilege for audit report produced for purpose of settlement negotiations https://www.herbertsmithfreehills.com/notes/litigation/2025-03/high-court-rejects-without-prejudice-privilege-for-audit-report-produced-for-purpose-of-settlement-negotiations•Supreme Court confirms broad interpretation of section 423 Insolvency Act 1986 relating to transactions defrauding creditors https://www.herbertsmithfreehills.com/notes/litigation/2025-02/supreme-court-confirms-broad-interpretation-of-section-423-insolvency-act-1986-relating-to-transactions-defrauding-creditors•Court of Appeal finds bankruptcy petition cannot be presented on basis of unrecognised foreign judgment https://www.herbertsmithfreehills.com/notes/litigation/2025-02/court-of-appeal-finds-bankruptcy-petition-cannot-be-presented-on-basis-of-unrecognised-foreign-judgment•New claimant could not be substituted to breach of warranty claim where purported assignment ineffective https://www.herbertsmithfreehills.com/notes/litigation/2025-02/new-claimant-could-not-be-substituted-to-breach-of-warranty-claim-where-purported-assignment-ineffective•Court of Appeal upholds decision to reduce damages to reflect benefit claimant received as a result of steps taken to mitigate its loss https://www.herbertsmithfreehills.com/notes/litigation/2025-02/court-of-appeal-upholds-decision-to-reduce-damages-to-reflect-benefit-claimant-received-as-a-result-of-steps-taken-to-mitigate-its-lossLink to podcast transcript: https://marketing.hsf.com/20/33497/landing-pages/commercial-litigation-podcast-transcript-ep30.pdfSee podcast episode transcript here - https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-transcript-ep31.pdf
The Adverb that Changed Everything: Arbitration, State Immunity and the case of General Dynamics v LibyaJoin Liz Kantor, Vanessa Naish, and guest, Andrew Cannon, as they explore the fascinating intersection of arbitration and state immunity in the Court of Appeal's decision in General Dynamics v Libya. They unravel how the addition of a single adverb in an arbitration clause could waive a state's immunity from execution. Discover the implications of this case for the enforcement of arbitral awards against states and the importance of precise drafting in arbitration agreements.
The Regulator has wide-ranging powers of investigation. Among other things, it can issue a "section 72 notice" – a demand for documents and information. In this episode, we discuss when the Regulator can come knocking, and how trustees or employers should respond. As a firm, we have supported various clients faced with Regulator demands. Associate Phillipine Wiegand-Forson shares her thoughts.Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe
In this episode we talk about the Primary Market Bulletin 54 published by the FCA on the leaking of inside information on M&A transactions.We discuss:•the issues that the FCA identifies;•how the leaking of information may be unlawful disclosure under the UK Market Abuse Regulation; and•the warnings the FCA is giving to individuals, issuers and advisers.
On the inaugural episode of the Inside Employment podcast series, hosts Anthony Wood, Partner, and Lucy Boyd, Executive Counsel, welcomed Katie Bull, Senior Associate, for a discussion on their top 5 predictions for major issues and developments which are likely to affect Australian employers in 2025, including:1.The continued prominence of underpayment and compliance issues;2.A focus on workplace psychosocial health, including a rise in investigations and prosecutions;3.Diversity and Inclusion (or, “DEI”) backlash in Australia;4.Increased workplace investigations, whistleblower activity and individual claims; and5.The impact of Labor’s first term “Secure Jobs, Better Pay” and “Closing Loopholes” reforms, and the imminent Federal Election and potential further reform.
The UK Financial Conduct Authority (FCA) has announced its decision to drop its controversial proposals published last year to name firms it is investigating at an early stage and before any findings of misconduct have been made (sometimes referred to as 'name and shame'). In this episode of the FSR Brief, Jon Ford and Michael Tan discuss the announcement and key outstanding questions and reflect on the FCA's consultation process and decision to ultimately reverse track.Read more on our blog post: https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2025-posts/fca-u-turn
In this SPECIAL EDITION of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments – the so-called Quincecare duty of care. This episode is hosted by John Corrie, who is joined by Ceri Morgan and special guests Jenny Stainsby and Scott Warin.The English courts continue to grapple with payment processing claims brought by both victims of authorised push payment (APP) fraud and companies subject to an internal fraud by an authorised signatory who has gone rogue. While the seminal Supreme Court decision in Philipp v Barclays [2023] UKSC 25 recalibrated the payment processing duties owed by banks, court guidance is still needed on what is required to meet the requisite standard on a case-by-case basis, and claimants continue to explore novel causes of action. Alongside numerous civil claims working their way through the courts, the Payment Systems Regulator has introduced the UK's APP fraud reimbursement scheme. In our latest podcast, we explain the current state of payment processing claims in a post-Philipp v Barclays world, offering insights into this rapidly changing area of law.You can find links to our blog posts on the cases covered in this podcast below:•Payment processing risks in a post-Philipp v Barclays world https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/civil-litigation-payment-processing-risks-in-a-post-philipp-v-barclays-world•Facing into the UK's APP Fraud Reimbursement Requirement https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2024-posts/facing-into-the-UK-s-app-fraud-reimbursement-requirement•The Supreme Court's judgment in Philipp v Barclays: key takeaways for financial institutions executing customer payments https://www.herbertsmithfreehills.com/notes/bankinglitigation/2023-07/the-supreme-courts-judgment-in-philipp-v-barclays-key-takeaways-for-financial-institutions-executing-customer-payments•High Court dismisses Quincecare duty claim giving guidance on the scope and nature of the duty https://www.herbertsmithfreehills.com/notes/bankinglitigation/2022-06/high-court-dismisses-quincecare-duty-claim-giving-guidance-on-the-scope-and-nature-of-the-duty•Supreme Court upholds first successful claim for breach of the so-called "Quincecare" duty of care https://www.herbertsmithfreehills.com/notes/bankinglitigation/2019-10/supreme-court-upholds-first-successful-claim-for-breach-of-the-so-called-quincecare-duty-of-care•Court of Appeal judgment on scope and exclusion of 'Quincecare' duty of care https://www.herbertsmithfreehills.com/notes/bankinglitigation/2019-10/court-of-appeal-judgment-on-scope-and-exclusion-of-quincecare-duty-of-care•Latest APP fraud claim against receiving PSP: High Court refuses to strike out claim for unjust enrichment https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/Latest-APP-fraud-claim-against-receiving-PSP--High-Court-refuses-to-strike-out-claim-for-unjust-enrichment•High Court considers novel APP fraud "retrieval duty" claim against both sending and receiving PSPs https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-03/high-court-considers-novel-app-fraud-retrieval-duty-claim-against-both-sending-and-receiving-pspsPlease subscribe to the podcast channel here http://hsffinancialservicesdisputes.buzzsprout.com/ to listen to our regular bite-sized broadcasts covering both litigation and regulatory developments for banks and other financial institutions.
The Government's megafund proposals have sparked plenty of debate. This episode focuses on the investment piece. Are schemes under-invested in the UK? If so, what are the relevant obstacles and opportunities? And will consolidation really move the dial, as the Government contends? Funds specialist Krishna Shorewala joins to discuss.Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe
Changes to the Code rules on the companies to which the Takeover Code applies now in forceIn this episode of our public M&A podcast series, we talk about the changes to the Takeover Code that came into force on Monday 3 February 2025 and narrow the categories of company to which the Code applies.In the episode, we discuss:•the companies to which the Code still applies under the new rules; •which companies are no longer in scope and the transitional arrangements that apply to them; and •what happens when a company delists after 3 February 2025.
In this episode of our public M&A podcast series, we talk about the themes and trends we saw in public M&A activity in 2024.In the episode, we discuss:•activity levels generally; •trends we saw in public M&A; and •the outlook for 2025.
In the second episode of our Toolbox Podcast series, C&I Disputes Partner Dan Dragovic, and Senior Associate Stewart McWilliam, discuss current contracting trends in the construction and infrastructure market, and what those trends will mean for 2025 and beyond. With private equity and public spending increasingly driving the energy transition, and a ‘hot’ contracting market pushing participants away from traditional contracting models, we discuss the lessons that can be taken from the last construction boom, some of the problems we foresee arising on new energy projects and how the nature of those projects might demand international arbitration as the dispute resolution process of choice.
Veronica Roberts (UK Head of Competition, Regulation and Trade), Peter Rowland (Of Counsel) and Ruth Allen (Knowledge Lawyer) share their insights into navigating competition law and FDI regulation in the pharmaceutical sector. Looking ahead to 2025, they highlight some key risks to be aware of and offer practical tips on pro-active steps that companies can take to address them. Topics discussed include the types of anti-competitive agreements that are likely to be in the regulatory spotlight, significant developments in respect of abuse of dominance, the growing risk of competition damages actions, the approach of the UK and EU regulators to so-called "killer acquisitions" and the sensitivities around foreign investment in the pharmaceutical sector.
In this third episode of the HSF FSR Brief, Jon Ford, Hywel Jenkins, Michael Tan and Elizabeth Stephens explore the FCA and FOS' recent Call for Input (CFI) on 'Modernising the Redress System'. They discuss the key aims of the CFI, current issues seen within the redress framework and suggest potential areas of reform to ensure the redress system works for stakeholders across the financial services industry.For further background and insight to the CFI, read our blog post here: https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2025-posts/addressing-the-redress-system--the-time-for-change-is-now
Following the Federal Court’s significant judgment in ASIC v Noumi Ltd in 2024, the Full Court has now made orders allowing the appeals and finding that Noumi did not waive privilege in the PwC report by disclosing it to ASIC under a voluntary disclosure agreement. While the Full Court’s decision confirms that VDA arrangements can be an effective way to maintain legal professional privilege, Bryony Adams, Andrew Eastwood and Maritsa Samios explore why its reasons underscore the need for care to be taken before commissioning an investigation report, and entering into any limited waiver arrangement, such as VDAs.
Scheme mergers are common enough – but not like this one. The Arcadia case involved a merger of schemes in winding-up, with an overfunded scheme effectively bailing out a scheme in deficit. Why did the Court give its blessing? And what does this tell us about trustee powers and duties? Pensions Counsel Rob Klepka joins to discuss.Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Sarah Penfold.You can find links to our blogs on the cases covered in this podcast below:•High Court finds lenders' exercise of contractual right to demand loan repayment is not subject to implied Braganza duty https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/High-Court-finds-lenders--exercise-of-contractual-right-to-demand-loan-repayment-is-not-subject-to-implied-Braganza-duty-•Court of Appeal rejects attempt to bring securities class action using CPR 19.8 representative action as an "opt-in" procedure https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-01/Court-of-Appeal-rejects-attempt-to-bring-securities-class-action-using-CPR-19.8-representative-action-as-an--opt-in--procedure.•High Court refuses to allow representative action to be brought on behalf of copyright owners in IP case https://www.herbertsmithfreehills.com/notes/litigation/2025-01/high-court-refuses-to-allow-representative-action-to-be-brought-on-behalf-of-copyright-owners-in-ip-case•High Court considers whether "success fee" is payable by client to investment bank in respect of capital raise https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-01/High-Court-considers-whether--success-fee--payable-by-client-to-investment-bank-in-respect-of-capital-raise•High Court orders commercial parties to mediate shortly before trial https://www.herbertsmithfreehills.com/notes/litigation/2025-01/high-court-orders-commercial-parties-to-mediate-shortly-before-trial•Commercial Court declares arbitral tribunal lacks jurisdiction following bank's invocation of asymmetric option clause https://www.herbertsmithfreehills.com/notes/litigation/2025-01/commercial-court-declares-arbitral-tribunal-lacks-jurisdiction-following-bank-s-invocation-of-asymmetric-option-clause•Motor Finance: Where are we and where next? https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2025-posts/motor-finance--where-are-we-and-where-next•Insight Alert: Global FSR Outlook 2025 – Perpetual Motion https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-01/Global-FSR-Outlook-2025--Perpetual-MotionDon't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
Following the publication of the long-awaited Government Guidance on reasonable fraud prevention procedures, this episode seeks to help organisations prepare for failure to prevent fraud, the new offence which will come into effect on 1 September 2025. As part of this episode, Kate Meakin, Elizabeth Head and Alexandra Fitzgerald discuss the Guidance and in particular how organisations should be implementing its principles-based approach. While the Guidance is not prescriptive, it does provide some helpful advice on what the Government intended by 'reasonable' fraud prevention procedures, which the speakers explore as well as providing some practical considerations that organisations should be giving thought to now and how they can best prepare over the coming months. You can also read our accompanying briefing on this topic, which is available on our blog. https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2025-posts/ftpfraud-ready-sep25
In this 29th episode of our series of commercial litigation update podcasts, we focus on developments relating to class actions, where there has been a huge amount of activity over the past couple of months. We will discuss cases brought under the CPR 19.8 representative action proceedings, group litigation orders, and the competition collective proceedings regime in the Competition Appeal Tribunal. This episode is hosted by Maura McIntosh, a knowledge counsel in our litigation team, who is joined by Gregg Rowan, a disputes partner, and Joe Williams, a senior associate in our competition, regulation and trade team.Below you can find links to our blog posts on the developments and cases covered in this podcast.•Data class actions: Court of Appeal upholds decision blocking "opt-out" representative action for misuse of private information https://www.herbertsmithfreehills.com/notes/litigation/2024-12/data-class-actions--court-of-appeal-upholds-decision-blocking--opt-out--representative-action-for-misuse-of-private-information•High Court refuses to allow representative action to be brought on behalf of copyright owners in IP case https://www.herbertsmithfreehills.com/notes/litigation/2025-01/high-court-refuses-to-allow-representative-action-to-be-brought-on-behalf-of-copyright-owners-in-ip-case•Court of Appeal rejects attempt to bring securities class action using CPR 19.8 representative action as an "opt-in" procedure https://www.herbertsmithfreehills.com/notes/litigation/2025-01/court-of-appeal-rejects-attempt-to-bring-securities-class-action-using-cpr-19-8-representative-action-as-an--opt-in--procedure•High Court rejects "price/market reliance" for s.90A and Schedule 10A FSMA claims https://www.herbertsmithfreehills.com/notes/litigation/2024-11/high-court-rejects--price-market-reliance--for-s90a-and-schedule-10a-fsma-claims•High Court finds companies can assert privilege against their shareholders https://www.herbertsmithfreehills.com/notes/litigation/2024-11/high-court-finds-companies-can-assert-privilege-against-their-shareholders•Group litigation orders: Court of Appeal considers binding effect of decisions in test cases https://www.herbertsmithfreehills.com/notes/litigation/2024-12/group-litigation-orders--court-of-appeal-considers-binding-effect-of-decisions-in-test-cases•Court of Appeal finds claimants cannot be forced to pursue claims for environmental damage as "global claims" https://www.herbertsmithfreehills.com/notes/litigation/2024-12/court-of-appeal-finds-claimants-cannot-be-forced-to-pursue-claims-for-environmental-damage-as--global-claims-•Opt-out competition class action rejected due to unsuitability of proposed class representative (PCR) https://www.herbertsmithfreehills.com/notes/litigation/2025-01/opt-out-competition-class-action-rejected-due-to-unsuitability-of-proposed-class-representative-(pcr)•Competition class actions: First case to go to trial ends in failure https://www.herbertsmithfreehills.com/notes/litigation/2024-12/Competition-class-actions--First-case-to-go-to-trial-ends-in-failure
There is a lot of talk at the moment about AI Literacy, with requirements under the EU AI Act having come into force from 2 February 2025. During this espresso pod, Christine Young and Sian McKinley in the Employment team are joined by Morris Schonberg, a partner in the HSF Competition, Regulatory and Trade team in Brussels who is actively involved in clients' work and preparations related to the EU AI Act. Together they take a look at what AI Literacy actually means, and what employers in the EU and in the UK should be doing now.
In this episode, Partner Christine Wong, Senior Associate David Kim and Solicitor Raymond Sun discuss cybersecurity and the impact of AI in financial services.
It’s the second episode of the HSF FSR Brief and this time the subject is the ongoing motor finance commissions saga. Jon Ford, Michael Tan, and Jack Moore discuss what the FCA has been up to, what is going on with its review into the industry, the links to claims due to be heard in the Supreme Court, and what might happen next. For background on motor finance commission, read our November 2024 note here: https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2024-posts/Court-of-Appeal-finds-lender-liable-in-motor-finance-broker-commission-cases-
As ESG remains top of the agenda for many regulators in the UK and across Europe, we wanted our first episode in 2025 to bring you up to speed on some of the main ESG developments in the UK in 2024 from a regulatory perspective, and what we expect to see at the intersection between ESG and competition / consumer regulation in the UK this year.Speakers: Susan Black, Partner, Competition, Regulation and Trade and co-Global Head of Consumer, Sam Tappenden, Senior Associate, Competition, Regulation and Trade and Kristien Geeurickx, Professional Support Consultant, Competition, Regulation and Trade
In this episode we cross examine Alastair MacGibbon, Chief Strategy Officer at CyberCX and one of Australia’s leading cyber security commentators.Alastair works with corporate Australia to advise on cyber risk, respond to incidents and build cyber resilience. Alastair has had a remarkable career, with 15 years in the Australian Federal Police, where he established Australia’s High Tech Crime Centre. He then went on to hold senior cyber security and safety roles across the private sector, including head of eBay’s Asia Pacific Trust & Safety team. Upon rejoining the public service, Alastair was appointed Australia’s inaugural eSafety Commissioner, before going on to roles as National Cyber Security Adviser, head of the Australian Cyber Security Centre and Special Adviser to the Prime Minister on Cyber Security.We recorded this discussion last year, at the back-end of a cold Canberra winter…but we saved the conversation for our summer holiday special. Our conversation is wide ranging, looking at the threat landscape, the keys to good cyber advice, Alastair’s varied (and similar) experiences working in the private and public sectors and guidance on corporate governance. Alastair is well known and very well regarded in board rooms across the country, and his observations on good governance are incredibly insightful. I hope you enjoy the discussion. This is Cross Examining Alastair MacGibbon. Here we go…
We discuss recent Ombudsman rulings on scams and liberation. The rulings send a clear message to scammers. But they're of wider significance: they explain the Ombudsman's thinking as regards trustee protections and personal liability. Senior associate Henry Saunders shares his thoughts.
Join Vanessa Naish, Liz Kantor and new guest Martin Wallace as they delve into the most significant development of 2024: the rise of anti-suit injunctions. In this episode, they explore the legal arsenal available to practitioners in seeking the support of state courts for arbitration agreements, focusing on high-profile cases from the English and Hong Kong courts. They discuss the strategic tools and weapons that are available in these complex legal battles, and offer insights into the practical implications and legal issues surrounding these important decisions.
In this episode of our public M&A podcast series, we talk about the latest development in the MWB ruling. As we discussed in Episode 26 of our podcast series, the Takeover Panel last year issued an order to members of management in MWB Group to pay compensation to MWB shareholders of up to £33 million (as well as issuing 10 cold-shoulder rulings).The Takeover Panel has now obtained a court order enforcing its order to pay compensation.In the episode, we:•give a brief reminder of the facts; •talk about the Panel's powers under the Companies Act to seek a court order; and •discuss what the courts have said about when it will grant an order.
The Pensions Ombudsman is overloaded. The determination process can take as long as three years. Now changes are proposed, to cut the backlog and reduce waiting times. Dan Saunders joins us to discuss the changes, and the implications for scheme members and trustees.Subscribe to the HSF Pensions Notes Blog here.
A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies.
in the last episode for 2024, Tony Damian and Andrew Rich cover off some of the highlights of their 2025 M&A predictions!
Read our predictions here: https://www.herbertsmithfreehills.com/insights/2024-12/top-10-australian-manda-predictions-for-2025
In this not-to-be-missed final episode of InsideIR for 2024, your favourite IR team has done all the hard work for you, and pulled together a succinct summary of:
- the top 5 issues that shaped industrial relations in 2024, and
- our predictions on the top 5 IR issues that you will need to get ahead of for 2025.
In this bumper end-of-year edition, Rohan Doyle is accompanied by no less than 9 of his HSF IR colleagues from across the country.
Rohan Doyle (Partner), Victoria Fijalski (Senior Associate), Mathew Reiman (Senior Associate), Rachel Dawson (Partner) and Anna Creegan (Partner) review and reflect on 2024, calling out:
- the steady stream of IR reform,
- learnings from the new intractable bargaining jurisdiction,
- the impact of same-job-same-pay,
- the rise of multi-enterprise bargaining, and
- the continued flow of FWO underpayment penalty proceedings.
Meanwhile, Wendy Fauvel (Partner), Kara Reynolds (Executive Counsel), Drew Pearson (Partner), Jessica Light (Senior Associate) and Sophie Beaman (Executive Counsel) look into their crystal ball, and outline the five IR issues to keep an eye on in 2025, including:
- the approaching Federal Election and potential further reform,
- the rise of the right to disconnect and flexible work,
- the practical fallout of IR reform,
- the increasing impact of new workplace delegates’ rights and the resurgence of union membership,
- the commencement of new federal wage theft laws.
From all of us at Herbert Smith Freehills, thank you for your support of InsideIR and the HSF industrial relations practice in 2024, and have a safe, happy and restful end of year break.
In the final episode of The Third Wheel for 2024, Tim Stutt and Mel Debenham reflect on the year’s ESG developments and look ahead to 2025. They discuss the recent governmental response to the statutory review of the Modern Slavery Act 2018 (Cth); the winding path of nature positive reforms in Australia; preparations ahead of the first year of reporting under the new climate reporting regime; and the growing focus on nature-related disclosures. The episode closes with their thoughts on a possible pendulum swing towards greater scrutiny of proposed ESG regulations moving forward, as regulatory fatigue sets in and having regard to changes in sentiment locally and abroad.
In this first episode of the FSR Brief, Jon Ford and Michael Tan discuss the latest developments with the Financial Conduct Authority's (FCA) consultation on transparency in investigations (CP24/2 Part 2). They discuss whether the changes to the FCA's "Public Interest Framework" go far enough to address the significant concerns raised in relation to the FCA's proposal to name firms under regulatory investigation.
In the last episode for 2024, Tony Damian and Andrew Rich cover off some of the highlights of their 2025 M&A predictions!Read our predictions here: https://www.herbertsmithfreehills.com/insights/2024-12/top-10-australian-manda-predictions-for-2025
In our latest episode, Camille Puech-Baron is joined by Angeline Woods, Senior Director for Global Antitrust, Artificial Intelligence and EU affairs at Uber, where she talks openly about the fast-paced environment of a tech company and the need to be dynamic and adaptable. Angeline also shares her views on leveraging the challenges and setbacks you face as a woman in the tech industry, and to remain open to learning new skills and spotting new opportunities.
Six years have passed since the first Lloyds ruling. How far has the industry got with GMP equalisation? Cathryn Marson discusses the current state of play, and the issues which she comes across when advising trustees.
Speakers: Richard Evans, Professional Support Lawyer and Cathryn Marson, Senior Associate
In this special pre-Christmas podcast episode, Nusrat Zar, James Wood and Jasveer Randhawa take a look back at some of the key developments from the last few months of 2024, with a particular focus on novel cases and cases which show the extent (and limits of) public law.
- Human rights in climate litigation – thoughts from the Dutch Court of Appeal
- High Court rejects human rights challenge to Government plans for tackling climate change risks
- High Court takes a dim view of using judicial review to disagree with policy decisions on the path to net zero
- Supreme Court issues landmark decision requiring assessment of Scope 3 emissions
- Court of Appeal clarifies equal public law protection in contractual context and concept of possessions under A1P1
- How is Judicial Review relevant to public authority contracts? Some guidance from the High Court
- Sashi Shashikanth, R (on the application of) v NHS Litigation Authority & Anor - Find Case Law - The National Archives
- Understanding alternative remedies: Supreme Court stands firm on judicial review's role in holding regulators to account
- First judicial review under UK National Security and Investment Act rejected: lessons for future challenges
Don’t forget to subscribe to the channel to receive updates on future episodes.
In this episode of our public M&A podcast series, we discuss Primary Market Bulletin 52 where the FCA reminds companies that they need to consider the UK Market Abuse Regulation, as well as the Takeover Code, if they receive an approach about a possible takeover offer.
In the podcast, we discuss:
- when an approach about a possible offer will be inside information;
- why it matters; and
- what happens if the target rejects the approach.
In true Christmas spirit, we decided to deliver what many have been asking for….in this episode we cross examine Lieutenant General Michelle McGuinness, Australia’s National Cyber Security Coordinator.
As the Coordinator, she leads national cyber security policy, the coordination of responses to major cyber incidents, whole of government cyber incident preparedness efforts, and the strengthening of Commonwealth cyber security capability.
If you experience a major cyber incident, you will invariably meet Michelle.
She has served in the Australian Defence Force for 30 years and has a deep passion for learning and educating. This comes through in spades throughout the podcast.
I am also joined by Magda Blanch-de Wilt, our cyber risk advisory lead. Together we tackle a broad set of issues without interruption. This is a single episode…your bumper Christmas special.
I hope you enjoy the discussion. Cross examining Lieutenant General Michelle McGuinness. Thanks for listening. Here we go….
In this edition of our Public Law Podcast series, Nusrat Zar and Jasveer Randhawa are joined by Lord Charles Banner KC, who is a leading authority in planning, environmental, and public law, with a focus on infrastructure and energy developments.
We discuss Lord Banner's review into the planning and delivery of nationally significant infrastructure projects (NSIPs), which was commissioned by the previous Conservative Government. The review examines the causes of legal challenges against the NSIP regime through judicial reviews of Development Consent Orders. It explores whether these challenges unduly delay NSIPs and how such delays might be resolved. The conversation also addresses the balance between ensuring access to justice and the timely delivery of infrastructure projects that offer significant public benefits and support the energy transition.
It is now just over one year since the National Anti-Corruption Commission (NACC) commenced operations and Partner Jacqueline Wootton and Solicitor Caitlin Philp explore how the NACC has developed in that time and how our Australian clients can be prepared for the Commission’s activities moving forward. This episode deep dives into the NACC’s priorities, performance and future focus as it actively works to achieve its mandate to enhance public sector integrity.
Cyber risk is a major issue for pension schemes. Antonia Pegden, a commercial disputes lawyer at HSF who focuses on insurance, pensions, and professional negligence, joins The Pensions Exchange to discuss cybersecurity. We consider the steps which trustees should take, to guard against cyber attacks and to be ready should the worst occur. You can follow our latest thinking on our UK pensions blog https://www.herbertsmithfreehills.com/notes/pensions and Cyber and Data Security blog https://www.herbertsmithfreehills.com/notes/cybersecuritySpeakers: Antonia Pegden, Partner and Richard Evans, Professional Support Lawyer
Join Jason Betts and Melissa Gladstone as we explore the class actions landscape and perception of class action risk as they discuss the class action risk areas concerning corporate Australia, what has changed in the last five years regarding their risk assessment and key class action risk areas to be aware of. Read our report: https://www.herbertsmithfreehills.com/insights/2024-09/rethinking-risk-inside-class-actions
In this episode, Christine Wong and Camille Tewari explore cyber class action risk and explore why it emerged as the top concern among class action risk areas in our Rethinking Risk: Inside Class Actions” report. Read our report: https://www.herbertsmithfreehills.com/insights/2024-09/rethinking-risk-inside-class-actions
In this podcast series, we explore all things cyber, including the legal, regulatory and policy developments that impact corporates around the world. We look at the evolving cyber risk landscape, by speaking to those people who are on the frontline, protecting companies from cyber incidents and shaping the legal and regulatory environment.In this episode, Cam is joined by Kaman Tsoi, one of the country’s most experienced and respected privacy lawyers. Together they cross-examine Privacy Commissioner Carly Kind.Commissioner Kind takes on her first role in the public sector (at the OAIC). She had a successful career working in human rights law with the UN (spending time in Geneva, New York and London) and then moved into privacy (and the intersection of human rights with technology). She has worked on strategic litigation and privacy policy advice. She is the founding director of the Ada Lovelace Foundation.In today’s podcast we talk about the privacy reform agenda, the role of the regulator in strategic enforcement and the efficacy of the notifiable data breach regime.Commissioner Kind is an impressive individual, who brings a very practical approach to the role.Thanks again for listening. This is Cross Examining Commissioner Kind. Here we go…
This podcast explores how ESG is changing the way in which construction projects are being delivered, and the agreements and contracts involved, as well as what lawyers can do to help deliver a client's ESG objectives on commercial development projects.Speakers: Matthew Bool, Partner, London, Charles Horne, Project Director, British Land, Becky Johnson, Professional Support Lawyer, London, Gabrielle Coppack, Professional Support Lawyer, London
Tony Damian and Andrew Rich discuss all you need to know about special dividends in public M&A deals with Tax M&A partner Jay Prasad.
In this episode of our public M&A podcast series, we look at Practice Statement 31, which was updated by the Takeover Panel earlier this year. Practice Statement 31 describes the Takeover Panel's approach to formal sale processes, strategic reviews and private sale processes.In the podcast, we discuss:•formal sale processes under the Takeover Code and the dispensations available on those;•what a private sale process (PSP) is; and •what dispensations the Panel may grant on a PSP and the advantages of obtaining the dispensations.
In this podcast, we explore 'debanking' in the financial services sector and the critical issues banks need to consider. Join our hosts, Jenny Stainsby https://www.herbertsmithfreehills.com/our-people/j/jenny-stainsby, Jacqueline Wootton https://www.herbertsmithfreehills.com/our-people/j/jacqueline-wootton, and Matthew Eglezos https://www.herbertsmithfreehills.com/our-people/m/matthew-eglezos who break down how banks are adapting to evolving regulatory and customer expectations. Speakers: Jenny Stainsby, Partner & Global Head of Financial Services Regulatory, Jacqueline Wootton, Partner & Head of Dispute Resolution, Brisbane and Matthew Eglezos, Senior Associate
Miriam Everett welcomes Stacey Quaye, Head of Digital Assets, Innovation and Design at UBS, to share what she's learned throughout her career. Together they discuss how the worlds of tech and law collide and what the biggest challenges and opportunities are at the intersection of technology and banking.
In this episode, Cam Whittfield is joined by Carolyn Pugsley, an advisor to boards and a leader in corporate governance advice. Together we continue our discussion with David Thodey. Today, we shift focus to some of the more challenging themes. We talk about the Cyber Strategy and payment of extortion demands. We also ask for David’s guidance for directors when dealing with the cyber challenge and ask him whether we are winning the cyber battle. We start this podcast by asking for his observations on the responsibility that educational institutions play in helping with cyber education uplift. Again, David’s thoughts are both considered, insightful and practical.Thanks again for listening. This is Cross Examining David Thodey, part 2. Here we go…
In this episode of Inside IR, Steve Bell and Natalie Gaspar explore the new "right to disconnect" in Australia, which allows employees to refuse to monitor or respond to work-related communications outside of their ordinary hours, unless it is unreasonable to do so. Steve and Nat explore the implications of these new laws, including the role of the Fair Work Commission, how the laws intersect with broader obligations to manage psychosocial risk, the increasing awareness among workers of their rights to reasonable working hours, and the role of employers in managing these expectations.Recorded 23 August 2024
Tim Stutt and Isabella Kelly are joined by Aaron White and Adrian Wong to discuss the soaring demand for data centres and the importance of identifying and managing ESG issues in their development and operation. Adrian provides insights on how generative AI is driving the demand for data services, the development hotspots, and the policy and regulatory levers to encourage investment. Aaron highlights the sustainability challenges that come with the growth in data centres and how they are being addressed across the market. This episode explores the need to manage these issues responsibly and raises intriguing questions: Could nuclear energy be part of the solution? How can sustainability be factored into building siting and design? What role could AI play in responding to these challenges?
For more, read our insight Data Centres: Global perspective on key issues
Data protection specialist Duc Tran joins us to talk through data issues for pension schemes. We look at the ICO's TikTok ruling and its implications for privacy notices; data protection proposals in the King's Speech; and points to consider around the advent of AI.
Subscribe to the HSF Pensions Notes Blog.
In this Espresso Pod, we discuss what is, and what could be, coming down the track in the world of AI regulation and, in particular, the regulation of the use of AI in the workplace. For this episode, Tim Leaver (Partner) and Sian McKinley (Of Counsel) are joined by Dee Masters, AI & Discrimination barrister at Cloisters chambers, co-founder of the AI Law Consultancy, and recently awarded Employment Junior of the Year at the Legal 500 Bar Awards (2024).
If after today's discussion you are keen to know more about the equalities and employment issues linked to the use of AI and technology, you can still access the recordings of:
• HSF's Emerging Tech Academy
• Our global comparison of AI in the workplace - UK, US, EMEA and APAC (webinar)
If you are looking for some more in-depth information and analysis about other upcoming employment changes under this Labour government, here are some of the resources that our team has developed for our clients:
Our three-part mini-series on the anticipated legislative changes under the new Labour Government, in which Sian, Tim and Peter Frost (Consultant) explored some of the key developments in employment rights that will likely be coming down the line:
- Episode 1
- Episode 2
- Episode 3
Our blog posts on:
- the key employment law reform proposals within the Labour Manifesto; and
- the bills included in the King's Speech to implement New Deal for workers
In this 27th episode of our series of commercial litigation update podcasts, we give updates on new legislative provisions relating to retained EU law, a decision refusing to allow a case to proceed as an "opt-out" representative actions under CPR 19.8, and a recent case that shows what can happen when parties disregard the rules on the preparation of trial witness statements. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Rachel Lidgate, a disputes partner, and John Lee, a senior associate in our disputes team.Below you can find links to our blog posts on the developments and cases covered in this podcast.•Retained EU law (or "assimilated law"): New rules on interpretation and new reference procedures from 1 October https://www.herbertsmithfreehills.com/notes/litigation/2024-09/retained-eu-law-(or--assimilated-law-)--new-rules-on-interpretation-and-new-reference-procedures-from-1-october•Representative actions under CPR 19.8: High Court strikes out claim for compensation on behalf of passengers in 116,000 delayed or cancelled flights https://www.herbertsmithfreehills.com/notes/litigation/2024-09/Representative-actions-high-court-strikes-out-claim-for-compensation-on-behalf-of-passengers-in-116,000-delayed-or-cancelled-flights•Trial witness statements: High Court decisions highlight importance of compliance with Practice Direction 57AC https://www.herbertsmithfreehills.com/notes/litigation/2024-09/trial-witness-statements--high-court-decisions-highlight-importance-of-compliance-with-practice-direction-57ac
In this episode, we discuss how overseas investors can protect their investments through the use of investment treaties. We explore the importance of treaty protection in the face of increasing political and regulatory risks, and explain the substantive protections and dispute resolution mechanisms which investment treaties afford. 在本集播客节目中，我们讨论境外投资者如何通过投资协定来保护他们的投资。我们探讨在政治和监管风险日益增加的情况下，投资协定保护的重要性，并解释了投资条约提供的实质性保护和争端解决机制。Speakers: Ye Weina (Partner, Herbert Smith Freehills Kewei Joint Operation), Gerald Leong (Senior Associate, International Arbitration, London), Nicole Jiang (Associate, Herbert Smith Freehills Kewei Joint Operation)主讲人：叶微娜 (合伙人, 科伟史密夫斐尔联营办公室), Gerald 梁伟强 （伦敦办公室国际仲裁部资深律师），江晨艺 （科伟史密夫斐尔联营办公室律师）
Tony Damian and Andrew Rich discuss the proposed new ACCC merger notification thresholds with competition partner, Patrick Gay.
In this special edition dispute resolution podcast, we take a practical look at what the UK government's recent ratification of the Hague 2019 Judgments Convention means for in-house counsel choosing between litigation and arbitration for an English law governed contract. The episode draws together the hosts of three of our HSF podcasts – Vanessa Naish and Liz Kantor (arbitration), Maura McIntosh (commercial litigation) and Ceri Morgan (banking litigation) – to discuss the benefits Hague 2019 will bring to the enforcement of English judgments, how that compares to the enforcement position for arbitration awards, and the various factors that need to be weighed in the balance when choosing dispute resolution options.Commercial litigation podcast series – Episode 25: Special edition on the Hague Judgments Convention 2019 https://www.herbertsmithfreehills.com/notes/litigation/2024-06/commercial-litigation-podcast-series-episode-25-special-edition-on-the-hague-judgments-convention-2019The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolutionhttps://www.herbertsmithfreehills.com/notes/litigation/2024-06/the-hague-2019-cudgments-convention-bolstering-the-uks-position-as-a-jurisdiction-of-choice-for-international-dispute-resolution
Under the so-called identification doctrine, companies could previously only be held criminally liable for a criminal offence requiring a particular mental state (e.g. knowledge, dishonesty etc.) if the mental state of a person representing the company's "directing mind and will" could be attributed to the company. In response to suggestions that the doctrine did not adequately deal with the realities of corporate structures, making it disproportionately difficult to prosecute large organisations for wrongdoing committed by their employees, Parliament enacted the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), which introduced a new statutory route to attributing criminal liability to a corporate. Under new provisions which came into force in December 2023, a corporate can be liable where a ‘senior manager’, acting with their actual or apparent authority, commits a listed economic crime offence. In this episode, Elizabeth Head, Eamon McCarthy-Keen, and Jessica Chappatte discuss the background to the reforms, the new provisions of the ECCTA 2023, and the implications for businesses of this expanded route to corporate criminal liability.You can also read our briefing on this topic, which is available on our blog: https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2023-06/further-uk-corporate-criminal-liability-reform-corporates-may-be-liable-for-actions-of-senior-managers
In episode 26, Emma and Rebekah are joined by Sarah Henkes-Younger to talk about whether IP rights subsist in material created by generated AI and discuss the famous Thaler patent litigation brought in numerous jurisdictions.
C&I Disputes Partners Dan Dragovic and Michael Lake discuss the much-anticipated decision in Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 where the High Court of Australia confirms proportionate liability regimes can be applied in arbitration. Join Dan and Michael as they discuss the decision and its practical implications.
In this first episode of our new insurance podcast, Insurance Bites, Sarah McNally (Partner, London), Alejandra Galdos (Partner, Madrid) and Travis Gooding (Senior Associate, Australia) examine some recent decisions on LEG3 clauses from the US and Spain and how they illustrate some key issues that can arise. Key listening for those that have reason to consider CAR policies and claims!
In this not-to-be-missed episode of Inside IR, Partner Nick Ogilvie and Senior Associate Victoria Fijalski join Rohan Doyle to explore the learnings that can be taken from employers’ early experiences with the new intractable bargaining regime. Join Nick, Vic and Rohan as they:•recap on what the intractable bargaining regime is, and provide a refresher on the preconditions that need to be met for the Fair Work Commission to make an intractable bargaining declaration;•review the case law within the intractable bargaining jurisdiction to date, and identify the 5 key traps for employers – mistakes that, if made, are going to lead to poor bargaining outcomes – and tips for how to avoid them; and•answer the burning question – is there any upside in the intractable bargaining regime for employers?
In this episode, Partners Michael Vrisakis and Hugh Paynter and Executive Counsel Danielle Briers discuss customer remediation in financial services.
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Scott Warin.You can find links to our blogs on the cases covered in this podcast below: •Court of Appeal considers whether default interest clause is an unenforceable penalty https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/Court-of-Appeal-considers-whether-default-interest-clause-is-unenforceable-penalty•Court of Appeal dismisses claim by participant against lender of record in a sub-participation arrangement https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/Court-of-Appeal-dismisses-claim-by-participant-against-lender-of-record-in-a-sub-participation-arrangement•High Court finds agent breached fiduciary duty in "half secret" commission case https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/High-Court-finds-agent-breached-fiduciary-duty-in--half-secret--commission-case•High Court grants injunctions in favour of bank in context of syndicated loan dispute over payments withheld due to sanctions https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/High-Court-grants-injunctions-in-favour-of-bank-in-context-of-syndicated-loan-dispute-over-payments-withheld-due-to-sanctions-•High Court finds party has practical control over documents of sub-contractor and sub-sub-contractor for disclosure purposes https://www.herbertsmithfreehills.com/notes/litigation/2024-07/high-court-finds-party-has-practical-control-over-documents-of-sub-contractor-and-sub-sub-contractor-for-disclosure-purposes-•The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution https://www.herbertsmithfreehills.com/notes/litigation/2024-06/the-hague-2019-cudgments-convention-bolstering-the-uks-position-as-a-jurisdiction-of-choice-for-international-dispute-resolution•Banking litigation podcast episode 47: Sanctions special – July 2024 https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/banking-litigation-podcast-episode-47-sanctions-specialDon't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
In his episode, we talk to David Thodey, one of our most respected company directors and currently Chair at Xero and Ramsay Healthcare.
Since leaving management (including stints as the CEO for IBM and Telstra), David has taken his relevance to a new level. Not only in the non-executive director space, but also with various NFPs and other interest groups (notably the Great Barrier Reef Foundation). David has always taken a customer-centric view of business and has recently taken on the role as Chancellor of the University of Sydney.
In this episode, I am joined by Carolyn Pugsley, part of our market leading Head Office Advisory Team. As you would expect, Carolyn advises many of our board level clients on cyber risk. What better person to cross examine David!
The content from our discussion was so rich, we decided to break the podcast in two (we actually toyed with a series of podcasts with David alone). Our discussion was priceless. In this episode (part 1 of 2), David talks about his career journey and provides some incredibly valuable insights into the role of a director and board in a cyber incident.
I know you will get a lot from this discussion (and the next one too). Cross examining David Thodey (Part 1). Here we go…
Tony Damian and Andrew Rich explore HSF's recently released 2024 Public M&A Report with Nicole Pedler.
Tony Damian and Andrew Rich explore HSF's recently released 2024 Public M&A Report with Nicole Pedler.
In the second part of The Pensions Exchange's mini-series on Surpluses, Professional Support Lawyer, Richard Evans, talks to Partner and Global Co-Head of the Employment, Pensions, and Incentives practice Samantha Brown about pension surpluses, focusing on trust law and trustee discretion – particularly in the context of a surplus winding up.
Jacqueline Wootton, Christopher Hicks and Isabella Kelly embark on a whistle-stop tour of the intersection of ESG and whistleblowing. They discuss why developing an effective whistleblower program is a sound investment and should be a core part of an ESG risk management system. They explore how whistleblower programs can help companies comply with a web of positive legal obligations on various ESG topics, identify and address thematic ESG issues early, and mitigate against the reputational impacts that can arise when concerns are aired publicly. For more, read our legal briefing on ASIC’s guidance for handling whistleblower disclosures: https://www.herbertsmithfreehills.com/insights/2023-03/australia%E2%80%99s-corporate-whistleblower-protections-in-the-spotlight
Jacqueline Wootton, Christopher Hicks and Isabella Kelly embark on a whistle-stop tour of the intersection of ESG and whistleblowing. They discuss why developing an effective whistleblower program is a sound investment and should be a core part of an ESG risk management system. They explore how whistleblower programs can help companies comply with a web of positive legal obligations on various ESG topics, identify and address thematic ESG issues early, and mitigate against the reputational impacts that can arise when concerns are aired publicly.
For more, read our legal briefing on ASIC’s guidance for handling whistleblower disclosures: https://www.herbertsmithfreehills.com/insights/2023-03/australia%E2%80%99s-corporate-whistleblower-protections-in-the-spotlight
This is part two of our ‘cross examination’ of Ms Abigail Bradshaw, head of the Australian Cyber Security Centre.
In this episode, Abi notes that “a cyber criminal will attack the networks you have, not the network you think you have”. Such an important perspective! We also look at the role of the ACSC, the benefit of threat intelligence sharing and the way in which the ACSC can assist an entity (both with advice, technical assistance or disruptive actions). Abi also calls out her top 6 non-negotiables for building cyber resilience. Fantastic content.
This is part two of our ‘cross examination’ of Ms Abigail Bradshaw, head of the Australian Cyber Security Centre. In this episode, Abi notes that “a cyber criminal will attack the networks you have, not the network you think you have”. Such an important perspective! We also look at the role of the ACSC, the benefit of threat intelligence sharing and the way in which the ACSC can assist an entity (both with advice, technical assistance or disruptive actions). Abi also calls out her top 6 non-negotiables for building cyber resilience. Fantastic content.
Join Liz Kantor, Vanessa Naish and returning guest, Hannah Ambrose, for a discussion of the Arbitration Bill for England and Wales, which has been put back on the legislative agenda by the new Government. They explore the key reforms introduced by the Bill and next steps for the Bill's passage through Parliament. They also share their perspectives on why the rule regarding the governing law of the arbitration agreement contains a carve-out for arbitration agreements derived from a standing offer to submit disputes to arbitration where the offer is contained in a treaty or foreign legislation.
Tony Damian and Andrew Rich explore ASIC's recently released Equity Markets Cleanliness Report with ASIC Chair Joe Longo and Executive Director Calissa Aldridge.
In this episode, we talk to Ms Abigail Bradshaw, the Head of the Australian Cyber Security Centre (ACSC). Throughout her career, Abi has held a number of critical security related positions, including within the Department of Prime Minister and Cabinet and various senior roles in the Department of Home Affairs.
Ms Bradshaw began her career in the Royal Australian Navy, was awarded the Conspicuous Service Cross in 2005 and holds a Bachelor of Laws and a Bachelor of Asian Studies. A fascinating start to a remarkable career in the public service.
In this episode (part 1 of 2), Abi talks about her career and the increasing relevance of the ACSC. She provides a unique perspective to the cyber challenge, one that is based on resilience uplift across the economy.
As always, it was great to speak with Abi and I know you'll enjoy the discourse. Cross examining Ms Abi Bradshaw (Part 1). Here we go…
In this episode of Inside IR, Drew Pearson and Shivchand Jhinku are joined by competition partner Patrick Gay to discuss the Australian Government Competition Task Force's review into the use of non-compete and non-solicit provisions in employment contracts. They explore the potential impacts of proposed reforms on employee mobility and the dynamics of the Australian job market, and also delve into the global trends in this area, particularly in the US and UK. The conversation further touches on the role of the Australian Competition and Consumer Commission (ACCC) and the potential changes in its jurisdiction over employment-related matters.
In this edition of our banking litigation podcast, we have a special episode on the impact of sanctions on banks and financial institutions. We explore the current sanctions regime, Russian counter-sanctions measures as well as sanctions related litigation in the English courts. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Charlotte Benton, Alexander Gridasov, and Ali Grodzki.You can find links to our blogs on the cases covered in this podcast below: •Court of Appeal confirms judgments can be entered in favour of Russian sanctioned parties but leaves uncertainty in relation to the "ownership and control" testhttps://www.herbertsmithfreehills.com/notes/litigation/2023-10/court-of-appeal-confirms-judgments-can-be-entered-in-favour-of-russian-sanctioned-parties-but-leaves-uncertainty-in-relation-to-the-ownership-and-control-test/ •High Court dismisses force majeure and trade sanctions defences in breach of contract claim, and considers "ownership and control" test under UK sanctionshttps://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-01/high-court-dismisses-force-majeure-and-trade-sanctions-defences-in-breach-of-contract-claim-and-considers-ownership-and-control-test-under-uk-sanctions •High Court grants injunctions in favour of bank in context of syndicated loan dispute over payments withheld due to sanctionshttps://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/High-Court-grants-injunctions-in-favour-of-bank-in-context-of-syndicated-loan-dispute-over-payments-withheld-due-to-sanctions- •Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty’s offer of non-contractual performancehttps://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-05/supreme-court-finds-no-obligation-on-party-seeking-to-rely-on-force-majeure-clause-to-accept-counterpartys-offer-of-non-contractual-performance •Court of Appeal finds payment obligations under letters of credit suspended by UK Russian sanctions regimehttps://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/Court-of-Appeal-finds-payment-obligations-under-letters-of-credit-suspended-by-UK-Russian-sanctions-regime- Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
In episode 25, Emma and Rebekah discuss the legal risks around ambush marketing ahead of the 2024 Olympic Games in Paris. They discuss considerations for businesses that engage in marketing practices designed to leverage the reputation and hype surrounding a global event such as the Olympics, including intellectual property and consumer law issues in light of both recent and historical high-profile examples.
In this quickfire episode of the Herbert Smith Freehills Tax Bites podcast, Australian tax partners Toby Eggleston and Ryan Leslie, along with Senior Associate Naison Seery, discuss the recently released Treasury consultation paper proposing changes to the foreign resident capital gains tax regime. Key topics include broadening the classification of assets subject to tax, updates to the principal asset test to a 365-day rule, and new notification requirements for the sale of assets over $20 million. The hosts delve into the potential implications of these changes, discuss uncertainties, and invite feedback before the August consultation deadline.
00:09 Introduction
00:28 Overview of Foreign Resident Capital Gains Tax Changes
01:02 Current Tax Base for Foreign Residents
02:48 Proposed Changes to the Tax Base
05:27 Detailed Breakdown of Proposed Measures
11:32 Principal Asset Test Changes
14:16 Notification Requirement for High-Value Transactions
19:29 Closing Thoughts and Consultation Details
In this 26th episode of our series of commercial litigation update podcasts, we give updates on the cross-border enforcement of judgments and on litigation funding, an important Supreme Court decision on the application of EU law post-Brexit, and two decisions on when directors can be liable as an accessory to a company's breach of contract or tort. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Andrew Cooke, a disputes partner, and Richard Mendoza, an of counsel in our disputes team.Below you can find links to our blog posts on the developments and cases covered in this podcast.•The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution - https://www.herbertsmithfreehills.com/notes/litigation/2024-06/the-hague-2019-cudgments-convention-bolstering-the-uks-position-as-a-jurisdiction-of-choice-for-international-dispute-resolution•Litigation funding: Bill to reverse effect of Paccar falls in pre-election wash-up - https://www.herbertsmithfreehills.com/notes/litigation/2024-05/litigation-funding-bill-to-reverse-effect-of-paccar-falls-in-pre-election-wash-up•Civil Justice Council establishes review of third party litigation funding - https://www.herbertsmithfreehills.com/notes/litigation/2024-04/civil-justice-council-establishes-review-of-third-party-litigation-funding•Retained EU law: Supreme Court clarifies law that applies to pre-Brexit causes of action - https://www.herbertsmithfreehills.com/notes/litigation/2024-07/retained-eu-law-supreme-court-clarifies-law-that-applies-to-pre-brexit-causes-of-action•Inducing a breach of contract: Court of Appeal considers necessary degree of participation in a third party's breach to establish tort of inducement - https://www.herbertsmithfreehills.com/notes/litigation/2024-05/inducing-a-breach-of-contract-court-of-appeal-considers-necessary-degree-of-participation-in-a-third-partys-breach-to-establish-tort-of-inducement•Supreme Court gives guidance on accessory liability of company directors and the remedy of account of profits -https://www.herbertsmithfreehills.com/notes/litigation/2024-05/supreme-court-gives-guidance-on-accessory-liability-of-company-directors-and-the-remedy-of-account-of-profits
In this episode of Talking Shop, Andrew Rich, a partner in the M&A practice at Herbert Smith Freehills and Global Co-Head of HSF’s Consumer Sector group, is joined by David Sinn, a partner in HSF's Real Estate practice. They discuss the resurgence of the retail sector in Australia, the impact of e-commerce and promotional events on retail sales, and the role of shopping centres in the current retail landscape.
In the second episode of The Pensions Exchange, Professional Support Lawyer, Richard Evans, talks to partners Michael Aherne (Pensions) and Josh Lom (Tax) about pension surpluses, focusing on the statutory regime. Surpluses were big news in the 1990s. Now they're back on the agenda, with the Regulator's recent funding statement suggesting that half of valuations this year will show a surplus on the buyout basis.
Tony Damian and Andrew Rich gain insights from Guy Miller at WTW on W&I insurance in public M&A deals.
Explore the latest trends and insights in technology deals across the APAC region with our sixth episode focusing on the dynamic world of Fintech. Join Malika Chandrasegaran, along with Charlotte Henry and Michelle Virgiany, experts in financial services and tech regulatory matters, as they delve into the current landscape of Fintech M&A, discussing the shifts in activity over the past year due to post-COVID adjustments and regulatory changes. Charlotte and Michelle provide valuable perspectives on the trends seen in Australia and Southeast Asia, highlighting the driving forces behind Fintech M&A. We explore the key sectors and areas attracting investment, including payment functionality, digital lending, wealthtech, and core banking platforms. Charlotte and Michelle share insights into the evolving focus within these sectors, particularly in Southeast Asia where B2B payment gateways and innovative credit-related businesses are gaining traction. Additionally, we discuss alternate strategies and trends driving Fintech across APAC, such as Banking as a Service (BaaS), big tech's role, and innovative partnerships shaping the industry. Charlotte and Michelle share their excitement about the latest tech innovations, from AI advancements to the potential of mind-controlled typing technology.
Explore the latest trends and insights in technology deals across the APAC region with our sixth episode focusing on the dynamic world of Fintech. Join Malika Chandrasegaran, along with Charlotte Henry and Michelle Virgiany, experts in financial services and tech regulatory matters, as they delve into the current landscape of Fintech M&A, discussing the shifts in activity over the past year due to post-COVID adjustments and regulatory changes. Charlotte and Michelle provide valuable perspectives on the trends seen in Australia and Southeast Asia, highlighting the driving forces behind Fintech M&A. We explore the key sectors and areas attracting investment, including payment functionality, digital lending, wealthtech, and core banking platforms. Charlotte and Michelle share insights into the evolving focus within these sectors, particularly in Southeast Asia where B2B payment gateways and innovative credit-related businesses are gaining traction. Additionally, we discuss alternate strategies and trends driving Fintech across APAC, such as Banking as a Service (BaaS), big tech's role, and innovative partnerships shaping the industry. Charlotte and Michelle share their excitement about the latest tech innovations, from AI advancements to the potential of mind-controlled typing technology.
Workplace delegates’ rights – what employers need to knowIn this episode of Inside IR, Rohan Doyle is joined by Mitchell Brennan to discuss the new rights and obligations of workplace delegates. In this not-to-be missed episode, Mitchell and Rohan:•dissect the new general protections provisions relating to workplace delegates, which commenced in December 2023;•explore the content and impact of the new modern award delegates’ rights term, which commenced operation from 1 July 2024;•discuss the implications of these reforms for employers with enterprise agreements; and•identify what employers need to do to comply with these new laws, including in relation to representation by delegates in the workplace, and access to premises, facilities and training.
In this episode of Inside IR, Rohan Doyle is joined by Mitchell Brennan to discuss the new rights and obligations of workplace delegates. In this not-to-be missed episode, Mitchell and Rohan:
- dissect the new general protections provisions relating to workplace delegates, which commenced in December 2023;
- explore the content and impact of the new modern award delegates’ rights term, which commenced operation from 1 July 2024;
- discuss the implications of these reforms for employers with enterprise agreements; and
- identify what employers need to do to comply with these new laws, including in relation to representation by delegates in the workplace, and access to premises, facilities and training.
Join Partner Ruth Overington and Senior Associate James Samartzis as they discuss the evolution of individual accountability regimes around the globe and how Australia stacks up against its peers.
Join Partner Ruth Overington and Senior Associate James Samartzis as they discuss the evolution of individual accountability regimes around the globe and how Australia stacks up against its peers.
In this edition of our Public Law Podcast series, Jasveer Randhawa is joined by Jamie Susskind of 11 KBW, a leading authority in the law and regulation of digital technology. We delve into the regulation of AI, exploring the balance between safety and commercial practicality, and the role of the state and public bodies in our society. We also shed light on the use of AI in the public sector, discussing the challenges of transparency and accountability for those subject to AI, be they individuals or businesses.Don’t forget to subscribe https://soundcloud.com/herbert-smith-freehills to the channel to receive updates on future episodes.Speakers: Jasveer Randhawa (Professional Support Consultant), Jaime Susskind (Barrister, 11KBW)
In this episode we talk with the Dr Marcus Thompson. Marcus was a Major General in the Australian Army, and the inaugural head of information warfare with the ADF. Since retiring from the armed forces, Marcus has been incredibly active in the cyber space.
He’s probably one of the more well known public commentators, he advises numerous companies in cyber strategy and sits on a number of boards, including a number of cyber security companies.
Marcus comments on his role with the ADF and the transferability of his cyber skills to the corporate world. He also offers some excellent insights on board engagement and building cyber resilience, including the need to undertake simulations. Importantly, Marcus talks about the role that veterans can play when they re-enter in the workforce and the role we all play in facilitating that. While his comments resonate well beyond cyber, notably, a number of ADF veterans are now leading some of our most successful cyber companies.
It was great to speak with Marcus. I’m sure you’ll enjoy this podcast, Episode Seven of our podcast services. Cross examining Dr Marcus Thompson. Here we go…
Isabella Kelly is joined by Gareth Sykes, Heike Schmitz and Carolyn Pugsley for a tour of some of the key ESG reporting requirements internationally and the work that is being done to understand how they map against each other. They discuss challenges around the regimes’ differences in materiality thresholds, subject matter coverage and approaches to protection from liability. They share insights on the practical realities for companies who are grappling with how to comply with multiple regimes, including whether the same disclosures – or at least the same data – can be used, and what can be done to understand where uplift is required.
Isabella Kelly is joined by Gareth Sykes, Heike Schmitz and Carolyn Pugsley for a tour of some of the key ESG reporting requirements internationally and the work that is being done to understand how they map against each other. They discuss challenges around the regimes’ differences in materiality thresholds, subject matter coverage and approaches to protection from liability. They share insights on the practical realities for companies who are grappling with how to comply with multiple regimes, including whether the same disclosures – or at least the same data – can be used, and what can be done to understand where uplift is required.
It's been a busy year so far at the Takeovers Panel. Tony Damien and Andrew Rich look at some of the major developments.
A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies.
Speakers: Julie Farley, Professional Support Lawyer, Sarah Hawes, Head of Corporate Knowledge, Isobel Hoyle, Professional Support Lawyer and Erica MacDonald, Professional Support Lawyer
In this special edition of our series of commercial litigation update podcasts, we discuss the Hague Judgments Convention 2019, which the UK has now ratified, and consider its implications for the UK as a jurisdiction of choice for international dispute resolution. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Andrew Cannon, who is Global Co-Head of our International Arbitration and Public International Law practices, and by Ajay Malhotra, who is a partner in our disputes team specialising in financial services litigation.
Tim Stutt and Mel Debenham are back behind the wheel to discuss HSF's second report in its ‘Unlocking ESG Investment in Australia’ series. They explore the findings of our second major survey on the barriers to deploying investment in ESG-aligned activities, and the progress in operationalising ESG considerations across business activities. The report surveyed 161 senior executives from large Australian companies and found that ESG remains a clear focus in investment decisions, although there remain challenges in deploying capital such as lack of financial return, proven technologies and access to capital. Tim and Mel explore the ‘S’ issues that are rising in prominence for Australian businesses, and discuss some of the regulatory and market changes that have occurred since HSF's first Unlocking ESG Investment in Australia Report in 2022.
For more, read the report: Stuck in the Middle? Unlocking ESG Investment in Australia 2024.
Hear from our global M&A experts Andrew Rich, Nanda Lau, Alex Kay and Frédéric Bouvet as they dive into the world of M&A in the consumer sector and discuss market characteristics, winners and losers and key deals across the Asia Pacific, UK and European markets in this exciting and ever-evolving space.
Interview with Richard Moriarty, CEO of the Financial Reporting CouncilSpeakers: Gareth Sykes, Herbert Smith Freehills and Richard Moriarty, Financial Reporting CouncilNote that this interview was recorded in May 2024, before the General Election was called.
Joint Herbert Smith Freehills On the Horizon/Policy Matters podcast on the corporate governance related proposals in the manifestos published for the 2024 General ElectionSpeakers: Paul Butcher, Director of Public Policy and Gareth Sykes, Partner
CGT rollover relief - few topics generate more excitement or interest! Tony Damien and Andrew Rich sit down with James Pettigrew takes us through it all.
In the latest episode of our public M&A podcast series we discuss Panel Bulletin 7 on bidders' intention statements on an offer. We look at:
- what intention statements are required by the Takeover Code and why;
- what the Takeover Panel says in Panel Bulletin 7, in particular as regards what the Panel will not accept in relation to intention statements; and
- what the lessons are for market practitioners and parties to a bid.
Partner Michael Aherne and Professional Support Lawyer Richard Evans look at the pensions commitments in the party manifestos.
Anna Coroneo and Isabella Kelly cast aside Third Wheel tradition to have a one-on-one discussion about some of the key aspects of Australia’s incoming climate reporting regime. From directors’ declarations to modified liability and assurance, Anna and Isabella discuss the uplift required of organisations as they prepare for the new requirements. They highlight what can be done now – from gaps analysis to data gathering – to front end the work to get ready for the regime. They emphasise the importance of strong governance and oversight around forward-looking disclosures, and touch on how mandatory disclosure requirements in other jurisdictions are coming into play as multinational organisations seek to streamline their compliance efforts.For more, check out Herbert Smith Freehills’ limited podcast series, Reporting for Duties https://www.herbertsmithfreehills.com/insights/2023-08/reporting-for-duties-%E2%80%93-esg-reporting-in-australia, providing bite-sized insights on how companies are preparing to report under Australia’s future mandatory climate-related reporting regime
Anna Coroneo and Isabella Kelly cast aside Third Wheel tradition to have a one-on-one discussion about some of the key aspects of Australia’s incoming climate reporting regime. From directors’ declarations to modified liability and assurance, Anna and Isabella discuss the uplift required of organisations as they prepare for the new requirements. They highlight what can be done now – from gaps analysis to data gathering – to front end the work to get ready for the regime. They emphasise the importance of strong governance and oversight around forward-looking disclosures, and touch on how mandatory disclosure requirements in other jurisdictions are coming into play as multinational organisations seek to streamline their compliance efforts.
For more, check out Herbert Smith Freehills’ limited podcast series, Reporting for Duties, providing bite-sized insights on how companies are preparing to report under Australia’s future mandatory climate-related reporting regime
Climate Justice and Public Law - A Look at Verein KlimaSeniorinnen Schweiz and Others v. Switzerland and Trends in Public Law Climate LitigationIn the latest edition of our Public Law Podcast series, Andrew Lidbetter and Jasveer Randhawa discuss important recent rulings in Public Law climate litigation, namely the landmark judgment of the European Court of Human Rights and the recent High Court judgment on the UK government's Carbon Budget Delivery Plan. They consider the potential implications of these cases and reflect on the key takeaways that emerge for businesses.
In episode 24, Emma and Rebekah launch a miniseries focusing on AI and IP issues. In this episode, Rebekah and Emma are joined by Anna Vandervliet, a Senior Associate in the Sydney Intellectual Property Disputes team. Together, they take a closer look at generative AI and unpack some of the intellectual property issues that can arise in the training and use of GenAI systems, including exploring some current copyright infringement cases in the UK and US on this issue.
Tony Damien and Andrew Rich chat about stub equity, including a couple of interesting recent developments in Australia.
Tony Damien and Andrew Rich chat about stub equity, including a couple of interesting recent developments in Australia.
In our latest podcast, Kate Wilson, a Professional Support Consultant in our London Real Estate team, is joined by Alex Wright, a Senior Associate in our Corporate Real Estate team, and Somers Brewin, Vice-President in the Transactional Risk team at Lockton, to discuss the potential liabilities that can arise on corporate acquisitions pursuant to the Building Safety Act 2022, and the ways in which the insurance market is adapting to address these risks.
In the latest episode of our latest Herbert Smith Freehills UK public M&A podcast series, we discuss competing takeover offers. We have seen a significant uptick in competitive situations in recent months – we saw just one target receive firm competing offers in 2023, but have already seen four in the first four months of 2024. In this episode, we discuss:•Why we are seeing more competitive situations•How the put up or shut up (PUSU) deadline works•What happens if one or both bidders need regulatory clearance and•How competitive situations get resolved.Speakers Mark Bardell, Robert Moore and Antonia Kirkby
Nowadays, 94% of organisations have measures in place to manage what employees can do or say publicly, and 36% admit that how organisations respond to geo-political events is a key reputational issue (HSF Future of Work Report 2021 ).
Employee activism in relation to events generally unrelated to the individual's workplace causes concern for employers who want to address this conduct in a way that does not affect the employer’s reputation or other employees, which is often difficult when driven by strong emotions, philosophies, and beliefs at the core to an individual’s sense of self. In this podcast episode, we provide helpful tips for the employer trying to navigate this increasingly difficult area.
In this special late night edition of the Tax Bites podcast Professor Graham Cooper, Nick Heggart, Ryan Leslie and Toby Eggleston delve into the key tax-related aspects of Budget 2024. The discussion begins with general observations about the budget's minimalistic approach to new tax measures before shifting to specific changes, such as the unexpected adjustments to the capital gains tax (CGT) regime for non-residents, aiming to align with OECD standards, yet raising questions about compatibility with existing treaties. Additionally, the podcast covers minor tweaks to the CGT non-resident withholding regime, the issuance of tax incentives for critical minerals and green hydrogen production, and updates to anti-avoidance rules and intangibles taxation. Lastly, the continued extension of the small business instant asset write-off and increased funding for the ATO's Tax Avoidance Taskforce are mentioned as recurring elements in the budget. The podcast concludes with reflections on potential impacts and the broader implications for future tax policy ahead of the upcoming election.
00:09 Welcome to the Budget 2024 Special Edition
00:39 Initial Reactions to Budget 2024
00:48 Overview and Surprises in the Budget
02:02 Deep Dive into Capital Gains Tax Changes for Non-Residents
11:53 Exploring Tax Incentives for Future Growth
15:29 Shifting Gears: From Intangibles to Anti-Avoidance Measures
21:01 Wrapping Up: Budget Analysis and Final Thoughts
Our budget Tax Note can be found here.
This is Episode 5 of Cross Examining Cyber, a podcast series where we speak to those on the cyber frontline, defending Australian corporates and citizens from cyber risks. In this episode we cross examine Andy Penn, previously CEO of Telstra and more recently the Chair of the Government’s Expert Advisory Board (leading the development of strategic advice to the Government in relation to the Cyber Security Strategy). We caught up with Andy from his home in Mexico (a town called San Miguel de Allende).
Andy brings a level of industry and policy expertise that is unrivalled. Again, we have split the discussion in two. In this episode, we talk about the formation of the Cyber Security Strategy, the dynamics of cybercrime, what success looks like and offensive / defensive security strategies. There is more to come in our conversation, but let’s kick things off with part 1 of our cross examination of Andy Penn. Here we go…
We are delighted to share a new instalment in our BofA Legal Diversity Programme Podcast series, in collaboration with Herbert Smith Freehills. This latest collaboration explores the topic of imposter syndrome, and its origins, impact and effect on professional life.
A 2021 article in the Harvard Business Review shone a light on issues with the term 'imposter syndrome', loosely defined as a lack of self-belief in one's capability. This has long been identified as an issue for women, and in particular – women of colour, and other minority groups, to overcome in professional life.
Moderator Alice Eady Ketchell, speaks with Bank of America colleagues Andreas Iacovou and Ana Maria Knott, along with Herbert Smith Freehills partners Kelesi Blundell, Simon Clarke and Marina Reason about their own reflections on the theme and experiences battling with imposter syndrome.
The conversation unpicks the term imposter syndrome: in telling women they have imposter syndrome, have we somehow created those feelings? What can organisations do to challenge the systems in place that exacerbate those feelings in women and minority groups in particular? Is a degree of self-doubt helpful?
Our leaders also share some of their own experiences of imposter syndrome and how they deal with days of low confidence or new challenges.
We hope you enjoy listening and reflecting on your own experiences.
After three attempts, a bill proposing a corporate offence of failing to prevent foreign bribery has passed parliament with the aim of strengthening Australia’s anti-bribery and corruption laws and bringing them into line with laws in the UK. In this special Investigate 360 episode, we share a recent client briefing exploring the repercussions and practical steps you need to take to ensure compliance with these changes.
After three attempts, a bill proposing a corporate offence of failing to prevent foreign bribery has passed parliament with the aim of strengthening Australia’s anti-bribery and corruption laws and bringing them into line with laws in the UK.
In this special Investigate 360 episode, we share a recent client briefing exploring the repercussions and practical steps you need to take to ensure compliance with these changes.
In our latest podcast, Sebastian Taylor, a partner in our London Real Estate team, is joined by Matthew Bonye, Head of Real Estate Dispute Resolution, and Shanna Davison, Professional Support Lawyer, to discuss the Renters (Reform) Bill, the impact it will have on the private rented sector and steps that landlords/investors should be taking to protect their position.
In our latest Herbert Smith Freehills public M&A podcast we discuss the consultation by the UK Takeover Panel to narrow the scope of companies to which the Takeover Code applies. We discuss:
- who will be in scope under the proposed new rules
- which companies will cease to be subject to the Code, and the transitional provisions for those companies
- when we expect the rules to come into force and
- our thoughts on the proposals.
Speakers: Antonia Kirkby, Professional Support Consultant and Laura Ackroyd, Partner
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Mark Tanner.
You can find links to our blogs on the cases covered in this podcast below:
- High Court considers bank’s vicarious liability for fraudulent misrepresentations made by former employee
- High Court refuses Swiss bank’s jurisdiction challenge over declarations of enforceability of standby letters of credit
- High Court considers interpretation of English exclusive jurisdiction clause in trade finance documentation
- High Court considers novel app fraud “retrieval duty” claim against both sending and receiving PSPS
- Litigation funding: bill introduced to reverse effect of Paccar and civil justice council invited to review the sector
- Proposed new rule would radically expand public access to court documents
- Implications of sanctions against Russia on banking disputes in the UK
- Biannual banking litigation update (Spring 2024)
Don't forget to subscribe to the banking litigation blog.
Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Mark Tanner (Of Counsel)
489 days since the passing of the Secure Jobs, Better Pay Act, this episode of Inside IR provides a timely update on how this legislation is impacting enterprise bargaining in Australia. Rohan Doyle is joined by Senior Associates Victoria Fijalski and Mathew Reiman to explore how key changes introduced by the Act are playing out in workplaces and the Fair Work Commission, including the intractable bargaining jurisdiction, the conciliation requirement prior to industrial action, the new multi-enterprise bargaining framework, and other bargaining process changes. Rohan, Victoria and Mathew conclude by examining data from before and after the Secure Jobs, Better Pay amendments to discern the impact of these changes on disputes and wage outcomes.
In this episode of the Herbert Smith Freehills Tax Bites podcast, Toby Eggleston partners with Consulting Professor Graham Cooper and fellow partner Ryan Leslie to dive deep into recent Federal Court decisions on the anti-avoidance provisions in Part IVA of the Income Tax Assessment Act 1936. The discussion begins with insights into the Minerva Financial Group vs. Commissioner of Taxation, highlighting the saga of restructuring for an IPO and the accompanying tax implications. Also explored is the Mylan Australia Holdings case involving a debt push down strategy and the ATO’s application of Part IVA. The episode touches on pivotal aspects such as the significance of counterfactual scenarios, determination of tax benefits, and the overarching question of dominant purpose in context to Part IVA. The conversation also delves into the potential implications of the 2012 amendments compared to the pre-amendment rulings and foreshadows the impact of recent budget announcements on future tax avoidance disputes.
00:00 Welcome to the Tax Bites Podcast
00:32 Deep Dive into Part IVA Decisions: Minerva Financial Group Case
14:04 Exploring the Mylan Australia Holdings Case: A Debt Push Down Analysis
30:01 Impact of 2012 and 2023 Part IVA Amendments on Tax Law
40:33 Final Thoughts and Future Directions in Tax Law
Want to go deeper? Read our tax notes on the cases
https://hsfnotes.com/taxaustralia/2024/03/12/minerva-financial-group-pty-ltd-v-commissioner-of-taxation/
https://hsfnotes.com/taxaustralia/2024/03/21/mylan-tax-note/
Tony Damian and Andrew Rich are back! Himalayan Bites kicks off with our Q1 2024 review.
Join Partners Michael Vrisakis and Andrew Eastwood and solicitor Abby Sutherland in conversation on reasonable steps obligations and conflicted remuneration, as illuminated in the recent case of Australian Securities and Investments Commission v R M Capital Pty Ltd [2024] FCA 151.
Lucy McCullagh, Alice Molan, Mark Hatfull and Naomi Hutchings delve into the multifaceted world of carbon offset projects working toward Australia’s net zero and nature positive goals, from regulatory considerations to project finance and structuring. Key concepts are outlined including the Carbon Farming Initiative Act, the Australian Carbon Credit Unit (ACCU) scheme and the need to comply with financial services laws. They anticipate continued growth in the offset market driven by domestic and international players, the rise of joint ventures and debt financing, whilst acknowledging integrity issues and the importance of significant collaboration and partnerships.
Andrew Eastwood and Bryony Adams discuss an important Federal Court judgment handed down recently in ASIC v Noumi Ltd which has wide-ranging implications for organisations facing litigation and regulatory proceedings and their approach to legal professional privilege, particularly those in the banking and financial services sectors.
Andrew Eastwood and Bryony Adams discuss an important Federal Court judgment handed down recently in ASIC v Noumi Ltd which has wide-ranging implications for organisations facing litigation and regulatory proceedings and their approach to legal professional privilege, particularly those in the banking and financial services sectors.
In this episode, we return with Part 2 of our discussion with Bill Siegel, the CEO of Coveware. We look closely at Coveware itself (and its history), the scope of Coveware’s services, how threat actor negotiations unfold, banning ransom payments, the role of the cyber simulation and what makes a good simulation. We also discussed the role of the board during an incident and managed to squeeze some cyber predictions out of Bill, including the impacts of AI on the cyber landscape. This is a “must listen” episode!
This month Jojo Fan spoke with Cindy Hui, General Counsel for Alibaba's International Digital Commerce Group. Cindy shares her tips for young women looking to enter new tech industries, and the trend towards work-life integration enabled by increased connectivity and new ways of working.
In our first Podcast on the work of the Treasury Taskforce, Stephanie Panayi and Andrew North delved into the merger reform proposals that were under consideration by the Treasury Taskforce preceding today’s Government announcement.
Leveraging Andrew's extensive knowledge of the UK and EU merger regimes, we dissect several key aspects of the Treasury’s consultation including:
🔹 why the ACCC considers there is a case for merger reform 🔹 the reform models on the table and how the merger test may change 🔹 what the notification thresholds might look like 🔹 how ancillary agreements might be managed 🔹 the interaction between FIRB and the ACCC 🔹 when we should expect to see change.
Stay tuned for more insights and updates on the merger reform proposals and other considerations of the Treasury Taskforce.
Jacqueline Wootton, Christine Wong and Christopher Hicks discuss the intersection between corporate criminal responsibility and ESG in a Third Wheel X Investigate 360 collaboration episode exploring governance, social licence to operate and the regulation of ESG issues under criminal standards. The serious risks associated with criminal matters are underlined, from corporate penalties and investigations through to individual prosecution and reputational consequences as well as the patchwork of inconsistent standards and methods for determining when a company will be held criminally responsible. They discuss the ongoing road to reform, including a radical change in relation to foreign bribery and the potential introduction of Deferred Prosecution Agreements. Our team conclude with some of the steps companies can take to future proof their business to respond to criminal liability and risk.
It is estimated that 55% of the UK workforce is planning on requesting flexible working hours once some significant changes to Employment Law, including to the flexible work request regime, come into effect from Saturday 6 April. Employers need to be aware of these changes, which extend to family leave rights, redundancy protection, tribunal compensation award limits, minimum wage and pay for statutory leave, and update staff policies and handbooks accordingly.
In this episode, Christine Young and Anna Henderson discuss the changes to various family leave rights and changes to flexible work request regime, and suggest best next steps for employers.
Contact us if our team can assist yours when making the necessary updates to policy.
The process to test and verify the integrity of climate-related information will be critical in ensuring public disclosures match internal practices, and that claims can be substantiated if challenged.
As well as being a baseline expectation of the Board, a thorough verification process will be important to substantiate claims and underpin assurance. In this episode, we talk about verification approaches, key learnings so far, and linkages to more fulsome auditing of reports in due course.
Now legislation for Australia’s new climate reporting regime has finally been introduced into Parliament, what impact will it have for corporates?... (and when?).
The new climate reporting regime is likely to require a significant uplift in corporate reporting – and will require considerable resources and effort over the next 12-18 months. This episode talks about how the regime will phase in, and how it might impact companies in practice.
Given the scale of the exercise to report against the new climate reporting regime, what sort of foundational steps should companies be considering now?
In this episode, we share our insights into common pain points and suggested focus areas to help identify aspects of reporting for front loading, ahead of the new regime commencing.
The new reporting regime will be a prompt for companies to critically assess whether existing governance arrangements are ‘fit for purpose’ (and disclosure) in respect of climate impacts, risks and opportunities.
In this episode, we talk about how companies are stress-testing their governance arrangements, reconsidering the division of responsibility, board and management skill sets, and updating current governance documents (e.g. charters, agendas).
The shift from voluntary (or no) climate-related reporting to full compliance with the Australian Sustainability Reporting Standards (ASRS) will require differing degrees of uplift for each company, but it is difficult to know where to start.
Conducting a gaps analysis can help to identify priority areas for uplift and areas where underlying processes and procedures need to be strengthened. In this episode, we talk about the gap analysis exercises being undertaken in the market and share some of our early learnings on common gaps.
Now legislation for Australia’s new climate reporting regime has finally been introduced into Parliament, what impact will it have for corporates?... (and when?).
The new climate reporting regime is likely to require a significant uplift in corporate reporting – and will require considerable resources and effort over the next 12-18 months. This episode talks about how the regime will phase in, and how it might impact companies in practice.
Climate-related risk is probably one of the better understood concepts under ASRS, however, how will companies expand that framework to include disclosure of their management (i.e. identification, assessment, prioritisation and monitoring) of climate-related opportunities as well?
The ASRS risk management pillar requires companies to deep dive into their risk management framework (processes, policies and perspectives) and use scenario analysis as a tool to stress test company performance. While risk management is often a structured process internally, in this episode we talk about the learning curve for companies to consider climate opportunities with the same level of rigour and formalised process.
The new regime will require unprecedented levels of forward-looking information to be included in corporate reporting, as well as dependencies on estimation and third-party data with respect to Scope 3 emissions. Directors will also be asked to declare their reporting is compliant with the ASRS.
The modified liability has been reshaped various times throughout Australia’s journey towards mandatory climate-related disclosures. It will be important for companies to understand what is (and importantly, what is not) protected under the modified liability regime – and for how long. In this episode, we talk about the liability regime underpinning the proposed legislation, along with transitional arrangements for directors’ declarations.
Climate-related metrics and targets are already a key area of focus for stakeholders, but under the new regime there will be more granularity than has been disclosed in the past.
The ASRS metrics & targets pillar requires companies to take the leap towards granular quantitative disclosures (including in relation to Scope 3 emissions). In this episode, we talk about the need for a deep understanding of the related metrics, assumptions, interim targets and contingencies and how they factor into a company’s position and prospects.
This is Episode 3 of Cross Examining Cyber, where we cross examine Bill Siegel, CEO & Co-Founder of Coveware. We could have talked to Bill for hours, so we have broken this podcast in two.
Part 1 covers a range of issues including the establishment of Coveware, the value of good data, cyber extortion payment trends, cyber extortion “business models” and the challenging geopolitics we all face. Here we go…
How can companies prepare for the assurance requirements when they’re still a moving target in and of themselves…?
In this episode, we talk about the current proposal from the Australian Auditing and Assurance Standards Board (AUASB) for phased assurance (with consultation open until 3 May 2024). We also talk through some practical steps that companies can be taking now to prepare for assurance of climate reporting.
Board and management oversight of climate issues is not a new concept, but deciphering and disclosing how this occurs in practice is often a challenge.
The ASRS governance pillar requires quite granular disclosures of the board and management’s role in overseeing climate-related risks and opportunities. In this episode, we talk about how to articulate accountabilities and reporting ‘flows’ within the business, in a way that will support your disclosures longer term.
Disclosure under this pillar is not just headline statements and overarching direction. These mandatory climate-related disclosures will mean that a company’s “strategy” will need to include comprehensive disclosure of how climate considerations are integrated into decision-making.
The ASRS strategy pillar requires companies to focus not just on its transition plan and overarching strategic pathway for the company, but also how climate-related risks and opportunities are expected to impact on business model, financial position/performance and value chain. In this episode, we talk about the ways in which climate impacts, risks and opportunities will inform your disclosed strategy and prospects, including their linkages to planning and decision-making.
The basics of redundancy processes in the UK have been unchanged for some time, so the forthcoming changes from 6 April could be a trap for the unwary, if usually confident managers are not careful.
Speakers: Nick Wright, Partner, London and Anna Henderson, Professional Support Consultant, London
In this episode, join Partner Peter Jones, Regional Head of Emerging Technology (APAC) Susannah Wilkinson, Senior Associate Anjelica Balis and Solicitor Nayan Bhathela as they explore the impact of quantum computing on the financial services sector.
In this episode associate Mark Peters and partner Toby Eggleston discuss the potentially huge changes to the stamp duty regime in Victoria for commercial property. While it initially sounds straightforward, there are a number of nuances and potential issues for future transactions.
More details can be found in our tax insights.
Isabella Kelly fires up the crystal ball and invites Tim Stutt and Mel Debenham to share their ESG predictions for 2024. Mel discusses the timing tightrope for decarbonisation projects, Commonwealth environmental legislative reform and a very different approach to regulation. Tim queries if there is an elastic start date for mandatory climate reporting, whilst the required corporate uplift crystallises. Shifting landscapes emerge for Australia’s Sustainable Finance Strategy, post-Voice referendum pathways, the EU’s Corporate Sustainability Due Diligence Directive and Australia’s Modern Slavery Act reform. They emphasise the important interrelationship between ESG spheres and close with some federal election musings around balancing energy policy and cost of living, social and biodiversity impacts.
For more, check out the AICD’s Climate Governance Study 2024, for which Herbert Smith Freehills conducted research into ASX 200 governance structures, and the jointly prepared guide Bringing together ESG: Board structures and sustainability.
Under the new offence of failure to prevent fraud, companies can incur liability as a result of acts by their "associated persons". In this episode Elizabeth Head, Rob Hunt and Shannan Casey-Black discuss the types of third parties that can be "associated persons" for this purpose, consider how this compares with similar concepts under the Bribery Act 2010 and the Criminal Finances Act 2017, and provide some advice to companies as they start to think about their risks in this area.
You can also read our accompanying briefing on this topic, which is available on our blog.
Speakers are Robert Hunt, Elizabeth Head and Shannan Casey-Black
In this 23rd episode of our series of commercial litigation update podcasts, we look at the government's plans for the litigation funding industry, and a consultation on proposals regarding public access to court documents. We also consider two recent cases on costs – more specifically costs against non-parties and security for costs – and a recent privilege decision from the Court of Appeal. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Damien Byrne Hill, a disputes partner, and Meg Lawson, an associate in our disputes team.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
- Litigation funding: Bill introduced to reverse effect of Paccar and Civil Justice Council invited to review the sector
- Proposed new rule would radically expand public access to court documents
- High Court grants broad disclosure in support of non-party costs application against director / funders
- Security for costs: High Court rejects parent company guarantee in favour of payment into court
- Court of Appeal decision on litigation privilege for non-parties, legal advice privilege for investigations, and the iniquity exception
Hot-on-the-heels of our inaugural podcast, we now bring you Cross Examining Cyber, Episode 2, the cross examination of Hamish Hansford (Part 2). We take the time to speak to Hamish about the SOCI Act, whether we are winning the war on cyber and the role of lawyers in the crisis room.
In this episode of our shareholder activism podcast series, we look at activism in the context of M&A. We discuss how shareholders can:
- encourage M&A, by pushing companies to pursue a transaction;
- influence M&A, for example by agitating for a higher price from the bidder on a takeover offer; or
- threaten M&A, by seeking to block a transaction.
We also discuss what parties can do to prepare for or ward off a transaction being challenged by a shareholder or group of shareholders.
Speakers Laura Ackroyd, Antonia Kirkby and Robert Moore
In this series, we will explore all things cyber, including the legal, regulatory and policy developments that impact corporate Australia. We will do this by speaking to those people who are shaping the Australian legal and regulatory environment. Those who are on the front line of protecting Australian companies from cyber incidents. In our inaugural podcast, we are joined by Hamish Hansford, Deputy Secretary Cyber & Infrastructure Security, Home Affairs.
In our inaugural podcast, we are joined by Hamish Hansford, Deputy Secretary Cyber & Infrastructure Security, Home Affairs.
Partners Nicole Pedler and Alex Mackinnon summarise the Australian capital markets in 2023 and our predictions for 2024, with an expanded review this year to focus on secondary raisings, blog trades and some interesting transaction structures which have emerged in 2023.
Explore our review here: https://www.herbertsmithfreehills.com/insights/reports/turning-tides-the-australian-ecm-review-2023
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Nora van Meerwijk.
You can find links to our blogs on the cases covered in this podcast below:
- Court of Appeal overturns High Court’s high-profile Italian swaps decision
- High Court confirms debtor must prove illegality where payment withheld as a result of sanctions
- High Court dismisses force majeure and trade sanctions defences in breach of contract claim, and considers “ownership and control” test under UK sanctions
- Court of Appeal allows secret commissions claim to proceed as representative action on “opt out” basis
- CPR 19.8 representative action: “bifurcated process” adopted in claim by bank against representative defendant
- High Court strikes out novel bid to bring securities class action using CPR 19.8 representative action as “opt-in” procedure
- Supreme Court confirms key elements of claim in knowing receipt in failed claim against bank
Don't forget to subscribe to the banking litigation blog.
Our latest episode of Inside IR looks at the second tranche of ‘Closing Loopholes’ reforms, which passed both Houses in mid-February 2024 and included some surprise last-minute additions. Rohan Doyle is joined by HSF partners Anna Creegan and Shivchand Jhinku, who dissect some of the key elements of these important reforms, including the new definition of employment, changes to sham contracting prohibitions, new minimum conditions for non-employee road transport and digital labour platform workers, changes to casual employment, and the all-important new ‘right to disconnect’.
A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies - a Companies House update.
Speakers: Sarah Hawes, Head of Corporate Knowledge and Gareth Sykes, Partner
Join Liz Kantor, Vanessa Naish, and guest, Hannah Ambrose, as they delve into the Court of Appeal's judgment in the Unicredit v RusChemAlliance case. They unravel why the governing law of the arbitration agreement mattered in that case, and why this remains such a topic of debate in the arbitration community. They will consider how the current position in Enka v Chubb looks set to change in the draft English Arbitration Bill and address the ramifications of that change for anti-suit relief from the English court in support of foreign seated arbitrations.
In this episode associate Geraldine Chan and partner Ryan Leslie join Toby Eggleston to discuss the main takeaways of the Commissioner’s win in the PepsiCo case.
More details can be found in our tax insights blog.
In this episode or our public M&A podcast series, we look at the updated guidance from the Takeover Panel on invoking conditions to an offer and what it means in particular for anti-trust/merger control conditions. Speakers: Antonia Kirkby and Robert Moore
In the first of our "crossover" episodes, Susannah Cogman is joined by Jenny Stainsby from HSF's Financial Services Regulatory team to look at the financial sector's current focus on APP fraud, its interaction with the offence of failure to prevent fraud, and other steps being taken to tackle this widespread fraud typology. Stay tuned for Part 2 of our financial sector focus where we will be looking at some of the other implications of the Economic Crime and Corporate Transparency Act 2023 for financial institutions, as well as further episodes focusing on other key aspects of the Act.
You can find further information on APP fraud and the FCA's approach to fraud prevention here:
- APP fraud and vulnerable customers – lost in implementation?
- APP Fraud: Prevention is surely better than paying out
- APP Fraud – the UK is increasingly looking out of step
- Tackling APP Fraud in the UK: where to next?
- Proceeds of fraud - Detecting and preventing money mules
- Firms should strengthen anti-fraud systems and must treat victims of fraud better, review finds
- Anti-fraud controls and complaint handling in firms (with a focus on APP Fraud)
In the third and final part of our look ahead to potential employment law proposals should the Labour Party secure a win at the next General Election, Partner Tim Leaver, together with Consultant Peter Frost and Senior Associate Sian McKinley, continue to explore the key employment-related proposals put forward by the Labour Party in its Green Paper last year and the recent party conference, with a focus on Labour's proposed Fair Pay Agreement revolution and how employers' responsible and sustainable business will attract and retain both investors and the best people in the market.
Speakers: Tim Leaver, Partner, London; Peter Frost, Consultant, London; Sian McKinley, Senior Associate, London
In the latest edition of our Policy Matters Podcast series, Jasveer Randhawa and James Wood discuss challenging policy. This is part two of a series focusing on policy, where we now turn to look at how to challenge a policy that may have a detrimental impact on your business. This podcast first appeared on our Public Law Podcast series.
Speakers: Jasveer Randhawa (Professional Support Consultant), James Wood (Senior Associate)
In the latest edition of our Public Law Podcast series, Jasveer Randhawa and James Wood discuss challenging policy. This is part two of a series focusing on policy, where we now turn to look at how to challenge a policy that may have a detrimental impact on your business.
Don’t forget to subscribe to the channel to receive updates on future episodes
Speakers: Jasveer Randhawa (Professional Support Consultant) and James Wood (Senior Associate)
In Part 2 of our podcast on competition and ESG in the Australian consumer sector, Sarah Benbow and Patrick Gay look at the intersection of competition law and ESG – how industry or cross-sector collaboration could trigger competition law risks and the way the ACCC and global competition law regulators are thinking about these risks. Sarah and Patrick also talk about the ways in which these risks can be managed in Australia.
In the second episode of our Inside Arbitration Podcast, we cover the latest news that the UK government plans to reverse the ruling in Paccar v Road Haulage Association. We first provide a recap of the Supreme Court judgment in Paccar and the implications of that decision, and then look at how the relevant legislative regime for alternative fee arrangements and third party funding interacts with international arbitration.
This podcast is hosted by Vanessa Naish, Professional Support Consultant and Liz Kantor, Professional Support Lawyer, and in this episode they are joined by Maura McIntosh, who is also a Professional Support Consultant in the Herbert Smith Freehills litigation team.
In this 22nd episode of our series of commercial litigation update podcasts, we look at some recent developments relating to enforcement of judgments, litigation funding and class actions as well as an important Court of Appeal decision on ADR that came out in late November, and a couple of interesting recent decisions on exclusion clauses and the Unfair Contract Terms Act. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Alex Oddy, a disputes partner, and Martin Hevey, a senior associate in our disputes team.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
· UK signs Hague Judgments Convention 2019: a further step toward facilitating the international enforcement of English judgments
· Government proposes legislation to permit funder DBAs in opt-out competition class actions
· Revised litigation funding agreement approved for opt-out competition claim: fee based on multiple of funding was not a DBA
· Competition Appeal Tribunal finds funding agreement based on multiple not a DBA, despite express cap by reference to proceeds
· Representative actions: Court of Appeal decision gives go ahead for secret commissions claim, but suggests only limited issues may be dealt with on “opt-out” basis
· Courts can compel parties to engage in ADR: Court of Appeal finds comments to the contrary in Halsey not binding
· Exclusion clauses: High Court grants summary judgment as losses fell within clear and unambiguous exclusion clause and UCTA reasonableness test did not apply
· Reasonableness of exclusion clause under UCTA: Equality of commercial bargaining strength does not necessarily mean equality of bargaining strength as to contract terms
In the latest edition of our Policy Matters Podcast series, Jasveer Randhawa, James Wood and Paul Butcher discuss shaping and challenging policy. This is part one of a two-part series focusing on policy, and we start by looking at the formal and informal ways in which businesses can influence policy development. This podcast first appeared on our Public Law Podcast series.
Speakers: Jasveer Randhawa (Professional Support Consultant), James Wood (Senior Associate), Paul Butcher (Director of Public Policy).
In the latest edition of our Public Law Podcast series, Jasveer Randhawa, James Wood and Paul Butcher discuss shaping and challenging policy. This is part one of a two-part series focusing on policy, and we start by looking at the formal and informal ways in which businesses can influence policy development.
Don’t forget to subscribe to the channel to receive updates on future episodes.
Decoding the Economic Crime Act – jurisdictional scope of the new Failure to Prevent Fraud OffenceWhich companies inside or outside the UK may be liable under the new Failure to Prevent Fraud Offence? How should companies think about jurisdiction in scoping their 'reasonable procedures' project? In this episode, Susannah Cogman, Brian Spiro and Ali Grodzki provide an overview of the jurisdictional scope of the Failure to Prevent Fraud Offence, which is potentially very broad and differs in important ways from that of the failure to prevent bribery offence under the Bribery Act 2010.
You can also read our accompanying briefing on this topic, which is available on our blog.
In this episode, we discuss the key legal and practical considerations for investors when dealing with cryptoassets in a UK context. We also explore the changing landscape of regulation of cryptoassets in the UK and the EU.
在本集播客节目中，我们讨论了在英国背景下处理加密资产时，投资者需要考虑的关键法律和实践问题。我们还探讨了英国和欧盟对加密资产监管的变化景观。
Speakers: Alizee Zheng (Senior Associate, Corporate, Shanghai), Esther Zhu (Associate, Dispute Resolution, London), Gloria Schiavo (Trainee Solicitor, Dispute Resolution, London)
主讲人：郑晓夏（上海代表处公司事务部高级律师），Esther Zhu 朱悦尔 (伦敦办公室争议解决部律师)， Gloria Schiavo (伦敦办公室争议解决部实习律师)
A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies - a Companies House special.
Speakers: Sarah Hawes, Head of Corporate Knowledge, Gareth Sykes, Partner and Hannah Whitney, Associate
Join Professional Support Lawyer, Liz Kantor, and Professional Support Consultant, Vanessa Naish, as they discuss the key arbitration developments of 2023 in England and Wales. Liz and Vanessa will guide you through their top developments of the past year, discussing their implications for practitioners and clients alike. From legislative reforms to landmark case law, this episode is an essential listen for anyone looking to stay ahead in the dynamic field of English arbitration.
Speakers: Elizabeth Kantor, Professional Support Lawyer and Vanessa Naish, Professional Support Consultant
In our latest podcast, Jeremy Walden and Sebastian Taylor, partners in our London Real Estate team, are joined by Adam Regan of HWF Partners to discuss the concept of synthetic warranty and indemnity insurance in real estate transactions and how this product might prove useful for clients seeking to make the most of opportunities in a challenging real estate market.
In this webinar Sydney Workplace Health & Safety Partner, Nerida Jessup will facilitated a discussion with Lauren Selby, Head Office Advisory Team (HOAT) Partner, and Melanie Debenham, Environment, Planning & Communities Partner on changing governance practices under current and evolving regulatory frameworks, how ESG-driven standards are impacting comprehensive and broader reporting – and how boards are positioning themselves to discharge their obligations with care and diligence whilst delivering on ESG ambitions.
In this cross-over episode with Talking Shop: A Consumer Sector Podcast Series, Emma Iles and Eliza Foley join Aoife Xuereb to discuss trade marks, certification marks and greenwashing risks in Australia. The use of trade marks and certification marks, like the Heart Foundation ‘tick’, by consumer companies to distinguish their product from competitors is not new. There is however an increasing array of certification marks being used to indicate to consumers that a product, its packaging or manufacturing method meets a certain sustainability performance standard, from the well established ‘FAIR TRADE’ mark to increasingly, carbon neutrality status and recyclability.
Protecting consumers from misleading environmental claims is currently a priority area for ACCC action, with draft guidance recently released following a greenwashing internet sweep in which 57% of businesses (including cosmetics, personal care, fashion, food and beverage) reviewed by the ACCC were found to be making potentially misleading claims – including misleading use of third-party certifications and symbols.
For more, read our latest legal briefing: https://www.herbertsmithfreehills.com/latest-thinking/accc-releases-draft-%E2%80%9Cgreenwashing%E2%80%9D-guidance
Marie Louvet spoke with Manuela Alby, Senior Director, EMEA Legal - Regulatory Affairs, at Expedia Group to discuss the empowerment of women in the tech industry.
Join Partner Michael Vrisakis and Senior Associate Tamanna Islam in conversation on some of the key trends and challenges facing the insurance industry in Australia.
This episode examines how legal professional privilege can be maintained in both internal and external communications, looks at some common privilege pitfalls and provides some practical tips on how these can be avoided.
Visit our LPP Hub here: https://www.herbertsmithfreehills.com/latest-thinking/legal-professional-privilege-in-australia Send your LPP questions or feedback on this podcast to LPPAustralia@hsf.com
This episode examines how legal professional privilege can be maintained in both internal and external communications, looks at some common privilege pitfalls and provides some practical tips on how these can be avoided.
Visit our LPP Hub here: https://www.herbertsmithfreehills.com/latest-thinking/legal-professional-privilege-in-australia
Send your LPP questions or feedback on this podcast to LPPAustralia@hsf.com
Kate and Laura are releasing Part 1 of Episode 2 of the podcast series that explores the new Security of Payment legislation in Western Australia. They will discuss Stage 2 of the implementation of the legislation and conduct a deep dive into the new time bar regime. Listen to episode 1 on how to ensure you are SOPA ready here: https://hsfnotes.com/disputesaustralia/2022/09/06/stage-1-of-the-new-building-and-construction-industry-security-of-payment-act-2021-how-to-ensure-you-are-sopa-ready/
Our legal professional privilege experts provide a refresher on common interest privilege, joint privilege and limited waiver, including differences between these concepts and when they might arise. We also discuss how you might look to protect privilege in different scenarios, by applying these concepts to a whistleblower case study.
Visit our LPP Hub here: https://www.herbertsmithfreehills.com/latest-thinking/legal-professional-privilege-in-australia
Send your LPP questions or feedback on this podcast to LPPAustralia@hsf.com
Partners Luke Hastings and Mark Smyth, together with Senior Associate Sarah Webster, cast a spotlight on greenwashing and explore how this topical issue is affecting the financial services sector.
Industrial relations gurus Sophie Beaman and Rohan Doyle break down the practical lessons for IR and HR practitioners from the top six IR cases handed down in the first half of 2023 – the cases you need to know, but might have missed.
Knowing the ins and outs of cases such as these enables practitioners to maximise the opportunities and reduce the threats presented by the Australian IR system. Tune in and hear Sophie and Rohan answer a range of interesting questions, such as:
- How might an employer go about ending bargaining in circumstances where it can’t reach agreement on the appropriate wage increases?
- How might employers go about reducing ambiguity and uncertainty in their enterprise agreement terms?
- How relevant is inflation and the maintenance of real wages when the Fair Work Commission is arbitrating wage outcomes?
- Can you ‘cool off’ industrial action whilst waiting for your intractable bargaining declaration to be heard?
- What happens if an employer makes a mistake in the description it provides to its employees about their existing conditions, when explaining the impact of a proposed new enterprise agreement?
Emma Iles and Eliza Foley join Aoife Xuereb to discuss trade marks, certification marks and greenwashing risks in Australia. The use of trade marks and certification marks, like the Heart Foundation ‘tick’, by consumer companies to distinguish their product from competitors is not new. There is however an increasing array of certification marks being used to indicate to consumers that a product, its packaging or manufacturing method meets a certain sustainability performance standard, from the well established ‘FAIR TRADE’ mark to increasingly, carbon neutrality status and recyclability.
Protecting consumers from misleading environmental claims is currently a priority area for ACCC action, with draft guidance recently released following a greenwashing internet sweep in which 57% of businesses (including cosmetics, personal care, fashion, food and beverage) reviewed by the ACCC were found to be making potentially misleading claims – including misleading use of third-party certifications and symbols.
For more, read our latest legal briefing: https://www.herbertsmithfreehills.com/latest-thinking/accc-releases-draft-%E2%80%9Cgreenwashing%E2%80%9D-guidance
In this episode, Senior Associate Shan-Verne Liew, and solicitors Abby Sutherland and Henry Gallagher reflect on some real life examples of potentially reportable scenarios with a focus on inadvertent system or disclosure errors, as well the importance of legal professional privilege when investigating incidents.
Episode 2 - Proving inability to pay debts 第二期 – 证明债务人无能力偿付债项
A ground for winding up is that the company concerned is "unable to pay its debts". Under what circumstances will a company be considered unable to pay its debts? How can the creditors prove it? In the second episode of our Mandarin podcast, Peter Ng and Jody Luk discuss in detail this common ground for winding up a company under Hong Kong law.
一家公司若无能力偿付债项，可被清盘。在哪些情况下一家公司会被认为无能力偿付债项？债权人又可以通过什么方式证明？在我们推出的中文播客系列节目的第二期中，吴梓谦律师和陆正思律师详细探讨了这一香港法下公司清盘的最常见的原因。
Speakers: Peter Ng, Senior Associate, Disputes, Hong Kong; Jody Luk, Senior Associate, Disputes, Hong Kong主讲人：吴梓谦律师（香港办公室争议解决组高级律师）；陆正思律师（香港办公室争议解决组高级律师）
How can companies get comfortable with disclosing predicted company performance based on unsettled variables and uncertain transition trajectories?
Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
With mandatory climate reporting on the horizon, and global standards for comprehensive broader ESG reporting also emerging, is there a role for the ASX Corporate Governance Principles going forward?
Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
How should governance structures support companies in meeting ESG obligations and aligning to frameworks?
Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
How should companies respond to the building pressure to disclose modern slavery incidents?
Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
Who will be caught by the incoming regime and how will it be phased in?
Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
What is the proposed climate reporting regime and how will it align with existing frameworks?
Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
Peggy Chow, Kaman Tsoi, Duc Tran and Claire Wiseman join Aoife Xuereb to discuss the increasing use of AI in consumer sector digital marketing strategies. Analysing customer data to personalise content and target advertising according to purchasing behaviour and demographic information has become commonplace, along with the use of tools such as chatbots to automate customer service conversations.
However, regulators around the world are responding differently to keep pace with the rapid development and use of AI – from Mainland China’s early response and the proposed highwater mark from the EU to the lighter touch principles based approaches in the UK, Singapore and Australia. Our team cover some of the legal and ethical considerations under existing privacy laws and upcoming AI laws as consumer sector companies internationally grapple with old rules applying to new technology.
In this 20th episode of our series of commercial litigation update podcasts, we look at the High Court's decision dismissing ClientEarth's attempt to bring a derivative action against Shell's directors, the Supreme Court's rather dramatic recent decision on litigation funding agreements, a brief update on a development relating to representative actions, some interesting recent contract law cases, and a Supreme Court judgment which clarifies the extent of a bank's duties in paying out from customer accounts. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Sarah McNally, an insurance disputes partner, and Ceri Morgan, a professional support consultant in our banking litigation team.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
- Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceable
- High Court confirms refusal of permission for ClientEarth derivative action against Shell directors
- High Court allows claim in respect of secret commissions to proceed as “opt-out” representative action under CPR 19.6
- Commercial Court finds indemnities covered negligence where no express reference
- Liability caps: importance of clear drafting
- Warranty & Indemnity insurance: claim failed as no breach of warranty established
- Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments
As our hypothetical whistleblower investigation draws to a close, we discuss how to maintain privilege in materials created as part of an investigation both during and after the investigation has concluded, including where regulators or other third parties may seek access. We also explore the tricky area of disclosure and our experts provide insights into the approaches to privilege claims by ASIC, APRA, the ATO and the ACCC.
Visit our LPP Hub here: https://www.herbertsmithfreehills.com/latest-thinking/legal-professional-privilege-in-australia
Helen Bignall (Of Counsel) and Clemence Barraud (Senior Associate) from the London Competition, Regulation and Trade group share insights around sustainability, particularly in the context of competition law and the consumer sector. They discuss the CMA's draft guidance on the competition law assessment of environmental sustainability agreements, CMA market studies and competition investigations related to sustainability and sustainability-led initiatives by competition authorities in the EU. This episode also covers recent CMA initiatives in the consumer sector, including its investigations into greenwashing.
Helen Bignall (Of Counsel) and Clemence Barraud (Senior Associate) from the London Competition, Regulation and Trade group share insights around sustainability, particularly in the context of competition law and the consumer sector. They discuss the CMA's draft guidance on the competition law assessment of environmental sustainability agreements, CMA market studies and competition investigations related to sustainability and sustainability-led initiatives by competition authorities in the EU. This episode also covers recent CMA initiatives in the consumer sector, including its investigations into greenwashing.
Speakers: Helen Bignall, Of Counsel and Clemence Barraud, Senior Associate
Josh Todd, Giulia Maienza and George McCubbin join Aoife Xuereb to discuss the NFT (Non-Fungible Token) marketplace in the consumer sector – from fine wine and fashion to enhancing the customer experience.
They explain how types of marketplaces work, whether that be trading NFT-linked physical products or digital assets in the real world or the metaverse. Commercial legal considerations include IP, standardized licensing terms, anti-counterfeiting measures, financial services regulation regimes, advertising laws and consumer protections.
Even if NFTs are not part of your strategy, recent legal action underlines the importance of protecting your brand and customers from third party behaviour – our team share some helpful practices for legal teams.
For more, check out the TechQuake series (https://insights.hsf.com/techquake/p/1) or our comprehensive guide to The IP in NFTs (https://www.herbertsmithfreehills.com/insight/the-ip-in-nfts-%E2%80%93-our-comprehensive-guide).
In episode 11, we explore the changes to the EA approval process, including the intricacies of the pre-vote procedures and the crucial role played by the Fair Work Commission in assessing applications for approval of enterprise agreements. Our IR partners Rohan Doyle and Rachel Dawson share their insight into the changes, including the all-important test in determining whether employees have 'genuinely agreed' to enterprise agreements.
Josh Todd, Giulia Maienza and George McCubbin join Aoife Xuereb to discuss the NFT (Non-Fungible Token) marketplace in the consumer sector – from fine wine and fashion to enhancing the customer experience.
They explain how types of marketplaces work, whether that be trading NFT-linked physical products or digital assets in the real world or the metaverse. Commercial legal considerations include IP, standardized licensing terms, anti-counterfeiting measures, financial services regulation regimes, advertising laws and consumer protections.
Even if NFTs are not part of your strategy, recent legal action underlines the importance of protecting your brand and customers from third party behaviour – our team share some helpful practices for legal teams.
For more, check out the TechQuake series (https://insights.hsf.com/techquake/p/1) or our comprehensive guide to The IP in NFTs (https://www.herbertsmithfreehills.com/insight/the-ip-in-nfts-%E2%80%93-our-comprehensive-guide).
《走进香港破产法》中文播客系列节目Episode 1 - What is winding up第一期 – 什么是清盘In the first episode of our new Mandarin podcast, Jojo Fan and Peter Ng discuss the concept of winding up and different modes of winding up under Hong Kong law, debunking some common misconceptions.在我们新推出的中文播客系列节目的第一期中，范芷君律师和吴梓谦律师对香港法下清盘的概念和清盘的不同方式进行了介绍，并厘清一些常见的误解。Speakers: Jojo Fan, Partner, Disputes, Hong Kong; Peter Ng, Senior Associate, Disputes, Hong Kong主讲人：范芷君（香港办公室争议解决组合伙人）；吴梓谦（香港办公室争议解决组高级律师）
In the latest episode in our ‘on the horizon’ podcast series, we discuss the more material developments that we expect to see in the next 6-12 months that will be of interest to listed companies.Speakers: Antonia Kirkby, Professional Support Consultant, Sarah Hawes, Head of Corporate Knowledge, UK, Isobel Hoyle, Professional Support Lawyer and Erica MacDonald, Professional Support Lawyer
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Eleanor Dole Sheaf.
You can find links to our blogs on the cases covered in this podcast below:
• High Court considers impact of Russian sanctions regimes in UK, EU and US on payment obligations under standby letter of credit https://hsfnotes.com/bankinglitigation/2023/05/10/high-court-considers-impact-of-russian-sanctions-regimes-in-uk-eu-and-us-on-payment-obligations-under-standby-letter-of-credit/
• High Court dismisses claim to recover US investment bank’s success fee in connection with the public offer of shares in Indian bank https://hsfnotes.com/bankinglitigation/2023/05/04/high-court-dismisses-claim-to-recover-us-investment-banks-success-fee-in-connection-with-the-public-offer-of-shares-in-indian-bank/
• High Court refuses permission for climate-change activist shareholder to bring derivative action on behalf of Shell plc against its directors https://hsfnotes.com/litigation/2023/05/17/high-court-refuses-permission-for-climate-change-activist-shareholder-to-bring-derivative-action-on-behalf-of-shell-plc-against-its-directors/
• Litigation privilege not restricted to parties to litigation, and other helpful points regarding privilege https://hsfnotes.com/litigation/2023/04/18/litigation-privilege-not-restricted-to-parties-to-litigation-and-other-helpful-points-regarding-privilege/
• UK listing and prospectus regime reform: potential impact on securities litigation https://hsfnotes.com/bankinglitigation/2023/06/14/uk-listing-and-prospectus-regime-reform-potential-impact-on-securities-litigation/
• The end of the road for USD LIBOR? https://hsfnotes.com/bankinglitigation/2023/06/07/the-end-of-the-road-for-usd-libor/
• Retained EU Law: no sweeping sunset at the end of the year https://hsfnotes.com/litigation/2023/05/11/retained-eu-law-no-sweeping-sunset-at-the-end-of-the-year/
• Biannual Banking Litigation Update (Spring 2023) https://hsfnotes.com/bankinglitigation/2023/04/27/biannual-banking-litigation-update-spring-2023/
Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/
In the second episode of our shareholder activism podcast series, we talk about how companies are increasingly planning for an approach by an activist. We discuss in particular:
- what companies can be doing now so that they are ready in the event of an activist coming on to their share register; and
- how boards should respond at the point when an activist does make an approach or acquires shares in the company.
Tim Stutt and Aoife Xuereb are joined by Jacqueline Wootton and Olga Klimczak for a Talking Shop X The Third Wheel podcast collaboration episode. Following the statutory review of the Modern Slavery Act and its report being tabled in parliament, the Government is yet to confirm its position in relation to the reform recommendations, many of which seek to align with overseas regulatory trends for enhanced human rights due diligence, supply chain transparency and penalties to support corporate accountability. Our team discuss the importance of monitoring developments, applying a continuous improvement approach to supply chain risk identification and management (which can be particularly complex in the consumer sector) and working to ensure your business has in place robust payroll compliance governance processes. For more, read our recent legal briefing on the Modern Slavery Act review (https://www.herbertsmithfreehills.com/latest-thinking/australian-modern-slavery-act-to-move-into-a-new-phase) or visit our Business and Human Rights hub (https://www.herbertsmithfreehills.com/latest-thinking/hubs/business-and-human-rights).
Tim Stutt and Aoife Xuereb are joined by Jacqueline Wootton and Olga Klimczak for a Talking Shop X The Third Wheel podcast collaboration episode. Following the statutory review of the Modern Slavery Act and its report being tabled in parliament, the Government is yet to confirm its position in relation to the reform recommendations, many of which seek to align with overseas regulatory trends for enhanced human rights due diligence, supply chain transparency and penalties to support corporate accountability. Our team discuss the importance of monitoring developments, applying a continuous improvement approach to supply chain risk identification and management (which can be particularly complex in the consumer sector) and working to ensure your business has in place robust payroll compliance governance processes. For more, read our recent legal briefing on the Modern Slavery Act review (https://www.herbertsmithfreehills.com/latest-thinking/australian-modern-slavery-act-to-move-into-a-new-phase) or visit our Business and Human Rights hub (https://www.herbertsmithfreehills.com/latest-thinking/hubs/business-and-human-rights).
In this episode, Partners Michael Vrisakis, Hugh Paynter and Alice Molan discuss one of the most vexed obligations under financial services law – the obligation to take all necessary steps to provide financial services, and engage in credit activities, efficiently, honestly and fairly.
In the first episode of our series, Partner Andrew Eastwood, and Senior Associates Ed Einfeld and Tamanna Islam discuss the breach reporting regime and the financial services industry’s experience with it since implementation.
Cam Whittfield and Phillip Magness join Aoife Xuereb to discuss the risks and protections every board and management team needs to know in tackling cybersecurity complexity in the consumer sector.
Cam and Phillip share real-world observations on current cyber threats, the role of lawyers in incident response, engaging with threat actors and understanding cyber insurance. They underline practical and transparent approaches to people, process and technology for resilient supply chains.
For more on cybersecurity, check out our TechQuake series (insights.hsf.com/techquake/p/1) and how to survive the era of cyber insecurity (insights.hsf.com/techquake-cyber/p/1).
In the latest podcast from the Herbert Smith Freehills’ pensions team, Tim Smith, Professional Support Consultant, is joined by Anna Brain, Research Associate at the Pension Policy Institute (PPI) and Lead Researcher on the UK Pensions Framework project. Among other things, Tim and Anna discuss:
- what the PPI UK Framework is and how it is being used within the industry;
- how the Framework is likely to be impacted by recent policy developments;
- the work that is currently going on with the Framework and what we can expect to hear about when the next report is published in November 2023; and
- the key points the various political parties can learn from the Framework as we look ahead to the next General Election.
The PPI is an expert organisation which undertakes rigorous research from an independent, long-term perspective to help all those interested to achieve a better, wider understanding of retirement provision issues.
You can find out more about the PPI's UK Pension Framework here.
To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog.
To view our other pensions podcasts click here.
Contacts: If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
Susannah Wilkinson and Julian Lincoln join Aoife Xuereb to discuss generative AI and how it works - including some use cases, limitations, risks and mitigation strategies to be across when exploring how generative AI could deliver efficiencies in your organisation.
They suggest some helpful guardrails to support getting started particularly when the possibilities seem endless, emphasising the importance of good governance and matching the right tech and task to realise true value for the consumer sector, from product innovation to the supply chain, operations, marketing and sales.
For more on AI, check out our TechQuake series https://insights.hsf.com/techquake-ai/p/1 and its overview of generative AI https://insights.hsf.com/techquake-ai/p/6.
In this episode Rohan Doyle speaks with industrial relations legend Russell Allen, a senior consultant in our Employment and Industrial Relations group and former partner. With a wealth of experience spanning 50 years at Herbert Smith Freehills, Russell shares with Rohan the changes we have seen in industrial relations over the last five decades, how the current IR landscape compares to that of the past, and what lessons can be applied to the new world of industrial relations post the Secure Jobs, Better Pay amendments.
In this 19th episode of our series of commercial litigation update podcasts, we look at developments in a range of areas, including environmental litigation, privilege, claims against cryptocurrency exchanges, and force majeure. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Julian Copeman, a partner, and Gary Horlock, a senior associate.Below you can find links to our blog posts on the developments and cases covered in this podcast.•High Court refuses permission for climate-change activist shareholder to bring derivative action on behalf of Shell plc against its directors https://hsfnotes.com/litigation/2023/05/17/high-court-refuses-permission-for-climate-change-activist-shareholder-to-bring-derivative-action-on-behalf-of-shell-plc-against-its-directors/•Supreme Court finds no continuing nuisance simply because polluting substance remains on claimants' land https://hsfnotes.com/litigation/2023/05/18/supreme-court-finds-no-continuing-nuisance-simply-because-polluting-substance-remains-on-claimants-land/•Litigation privilege not restricted to parties to litigation, and other helpful points regarding privilege https://hsfnotes.com/litigation/2023/04/18/litigation-privilege-not-restricted-to-parties-to-litigation-and-other-helpful-points-regarding-privilege/•Privilege not lost where email containing legal advice found on employee’s work laptop https://hsfnotes.com/litigation/2023/05/03/privilege-not-lost-where-email-containing-legal-advice-found-on-employees-work-laptop/•Data class actions: claim for misuse of private information could not be brought as “opt-out” representative action https://hsfnotes.com/litigation/2023/05/23/data-class-actions-claim-for-misuse-of-private-information-could-not-be-brought-as-opt-out-representative-action/•High Court sets aside interim proprietary injunction against cryptocurrency exchange Binance https://hsfnotes.com/litigation/2023/05/04/high-court-sets-aside-interim-proprietary-injunction-against-cryptocurrency-exchange-binance/•Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application https://hsfnotes.com/litigation/2023/05/15/force-majeure-general-assertions-as-to-impact-of-covid-19-and-brexit-not-sufficient-to-defeat-summary-judgment-application/
In this episode of our public M&A podcast series, we discuss recent activity levels, trends and themes we are seeing on public M&A transactions in the UK and recent and upcoming changes to the Takeover Code.
In episode 19, Emma and Rebekah discuss Ed Sheeran's recent successes defending copyright claims against him in the Manhattan Federal Court and the UK High Court, as well as other recent copyright stoushes between major pop artists. Emma and Rebekah unpack some of the nuances of copyright law, its role in protecting creators and the fine balance required to avoid granting a monopoly which would prevent others from using the building blocks of music, especially in western pop music which usually employs a 12-note scale.
In this webinar we explore some of the more unusual cases in recent years which typify the broadening of the boundaries of WHS law. Managing Partner Steve Bell moderates a panel of our work health and safety experts across Australia as they each reflect on changes in their jurisdiction.
Banks and scams: protecting customers and managing risk. How can banks walk the tightrope between broadening their appeal to a new generation of tech-savvy consumers whilst ensuring they keep their customers safe from online fraud? In the latest episode of our new podcast series: Banking on people in an age of digital transformation Hannah Cassidy, Charlotte Henry and Marina Reason explore how the banking industry is addressing the increasingly prevalent threat of cyber hacks and scams, as it strives to strike a balance between bank, regulator and customer liability.
In this podcast, David Bennett and Maura McIntosh discuss product liability group actions, which have been an area of steady growth since these claims started to emerge in the English courts at the end of the last century. The podcast looks at how such claims are brought, how prevalent they are, and the main causes of action that are typically relied on.The presenters are both authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the sixth in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.
Banks and crypto: assets or liabilities? What level of regulation is appropriate to protect customers and their virtual assets? How can the need for improved regulation match the desire for innovation as digital transformation drives a new approach to banking?Find out what Hannah Cassidy, Charlotte Henry and Marina Reason have to say in the latest episode of our new podcast series.
In this episode, partners Rohan Doyle and Tony Wood discuss bargaining dynamics arising from changes to union and employer leverage following the Secure Jobs, Better Pay reforms, and share practical suggestions for how employers should approach bargaining planning in this new world of IR.Many employers will be focussed on securing enterprise agreements which minimise the potential perils of multi-employer bargaining or arbitration by the Fair Work Commission. How should employers prepare for these changes? What’s more important now? And what are some of the key preparatory steps that employers can take to enhance their bargaining outcomes? Rohan and Tony consider all of this and more in an enlightening conversation covering the priorities for pre-bargaining planning (how much and how long in advance is desirable?), the importance of securing employee trust and engagement, being ready for compulsory arbitration by the Commission, what unions do well and where employers can do better. This episode has lots of practical tips and insights, including for experienced IR practitioners.
In this episode partners Toby Eggleston, Ryan Leslie and Nick Heggart and consulting Professor Graeme Cooper breakdown the Australian Federal budget and the implications for large taxpayers. Topics include proposed changes to Part IVA, build to rent incentives, Pillar 2 update and a special section for the mining sector. All you need in 26 minutes!More details can be found in our tax insight: https://hsfnotes.com/taxaustralia/2023/05/09/tax-insight-tax-measures-in-australias-2023-24-budget/
Banks and social shifts: their impact on staff. Has the social and cultural landscape shifted in a way that benefits employees or their employer? Are employees more mobile, or can organisations find new ways to retain top talent?With a focus on finance, Christine Young, Jenny Andrews and Adam Hylton explore how digital transformation, fostering a culture of openness and creative approaches to recruitment may up end the age old bargains banks make with their staff.
Aoife Xuereb, Nanda Lau and Andrew Rich discuss the outlook for M&A activity in Asia and Australia in the consumer sector, in light of the significant global macro-economic headwinds. They note that, despite those headwinds, M&A markets remain very much ‘open for business’. They also discuss how many consumer companies are looking to use M&A to reposition themselves through carving out companies, divisions and brands that are either no longer core or underperforming. They note that private capital firms with cash to deploy and trade buyers with strong balance sheets remain as keen as ever to acquire strong brands with stable cash flows. For more on what to expect in 2023 and beyond on the M&A front, read our Global M&A Outlook: https://www.herbertsmithfreehills.com/latest-thinking/global-ma-outlook-2023-consumer-2022-was-a-challenging-year-compared-to-2021
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Tom Wyer.You can find links to our blogs on the cases covered in this podcast below:•High Court considers reliance in s.90A FSMA claims in context of split trial application https://hsfnotes.com/bankinglitigation/2023/03/08/high-court-considers-reliance-in-s-90a-fsma-claims-in-context-of-split-trial-application/•High Court allows claim in respect of secret commissions to proceed as “opt-out” representative action under CPR 19.6 https://hsfnotes.com/litigation/2023/03/01/high-court-allows-claim-in-respect-of-secret-commissions-to-proceed-as-opt-out-representative-action-under-cpr-19-6/•Hong Kong court provides novel and influential analysis of the Quincecare duty https://hsfnotes.com/bankinglitigation/2023/04/04/hong-kong-court-provides-novel-and-influential-analysis-of-the-quincecare-duty/•High Court finds UK sanctions do not preclude entry of judgments in favour of Russian sanctioned parties https://hsfnotes.com/bankinglitigation/2023/02/20/high-court-finds-uk-sanctions-do-not-preclude-entry-of-judgments-in-favour-of-russian-sanctioned-parties/•High Court underlines need to consider scope of agency in considering whether documents to which agent has access are in principal’s control https://hsfnotes.com/bankinglitigation/2023/03/27/high-court-underlines-need-to-consider-scope-of-agency-in-considering-whether-documents-to-which-agent-has-access-are-in-principals-control/•Part 36 offer to settle “the whole of the claim” did not include claims set out in draft amended pleadings https://hsfnotes.com/litigation/2023/03/09/part-36-offer-to-settle-the-whole-of-the-claim-did-not-include-claims-set-out-in-draft-amended-pleadings/Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/
In the latest podcast from the Herbert Smith Freehills’ pensions team, Mark Howard, Of Counsel is joined by Claire Altman, Managing Director of Individual Retirement at Phoenix. In their conversation Mark and Claire discuss: •the challenges for at retirement decision making •retirement product design and advice for members•if collective defined contribution schemes could provide another a solution for members accessing their pension savings To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/.To view our other pensions podcasts click here http://www.hsfnotes.com/pensions/?m=podcasts.ContactsIf you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
Kathryn Pacey, environment and planning partner is joined by Isabella Kelly, ESG senior associate and Jaya Prasad, solicitor in our energy and resources team to discuss the role of carbon and biodiversity offsets in meeting net zero and nature positive goals. They peel back the layers of government targets and regulatory reforms including the review of the Environment Protection and Biodiversity Conservation Act, Safeguard Mechanism, Australian Carbon Credit Units - and the new Nature Repair Bill. Amidst the increasing use of carbon credits to offset emissions in reaching climate targets, yet more layers are revealed including greenwashing, activist attention and disclosure considerations under the upcoming mandatory climate reporting regime and ISSB standards. Further complexities arise from multi-stakeholder carbon abatement projects, contracting arrangements and financial services requirements.
The UK National Security and Investment Act – more than one year of the new regime: key lessons for Chinese investorsThe UK National Security and Investment Act entered into force last year. In this episode, we examine how the new regime has been working in practice, the impact we are seeing on Chinese investments in the UK, and some practical points for investors.英国《国家安全和投资法案》已于2022年生效。本期播客探讨了该法案在实践中是如何运作的，对中国投资者赴英投资的影响，以及对中国投资者有哪些启示。Detailed materials (Chinese language): https://marketing.hsf.com/20/29354/landing-pages/english-law-episode-3-wechat-post.pdfhttps://mp.weixin.qq.com/s/cmscVkWOSLycFBBX--1QiASpeakers: Qiujie Tan and Jie Li
In this podcast, Rupert Lewis, Simon Clarke and Gregg Rowan discuss shareholder class actions, which give rise to significant risks for corporate clients. The podcast looks at why these claims have become more prevalent in the English courts in recent years, and the mechanisms for bringing such claims and how these differ from US-style class actions. It discusses the main legal bases for such claims and some of the key battlegrounds that tend to arise.The presenters are all authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the fifth in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.
In this episode, partners Rohan Doyle and Drew Pearson explore one of the most significant changes to enterprise bargaining in decades - the new intractable bargaining regime. Rohan and Drew reflect on how the regime will completely change the way employers approach enterprise bargaining, and discuss how the Fair Work Commission will go about arbitrating contested claims. They also share their tips on how employers can best prepare for bargaining under this new regime.
In episode 18, Emma and Rebekah are joined by Patrick Gay, a Partner in Herbert Smith Freehills' Competition, Regulation & Trade team. Together they unpack the ACCC's 2022 draft determination which proposed to deny authorisation of a settlement and licence agreement that was intended to resolve an ongoing patent dispute in the Federal Court between Celgene and generic drug companies Juno and Natco. With Patrick’s insights, Emma and Rebekah touch on the potential impacts of the draft determination on parties looking to settle IP disputes in the future.
In this episode, Tim Stutt speaks with partner Bryony Adams and senior associate Stephanie Crosbie for a discussion about financial crime and the governance and reputational risk exposures from regulatory non-compliance. The heat is on for boards, with the scale and penalties for money laundering being one of the fastest growing ESG areas. Our team unpack regulator expectations and what this means for directors in terms of getting across the risks, implementing a compliant and risk-based Anti-Money Laundering program and associated training, and importantly – setting a risk culture or “tone from the top”.
Join Robert, Christine and Jonathan in the first of two episodes on how to deal with witnesses and suspects. This first episode is focused on employment and the team discuss what issues should be considered, how we should deal with whistleblowers and witnesses, and what the employment options are when an employee has been found to have acted improperly.
In 2021, we saw record deal values of over USD$4.2 trillion in global M&A activity. However the global deal values had a 33% decline in the second half of 2022 compared to the first half.The market downturn in M&A conditions was also reflected in Asia, although the region as a whole held up relatively better activity-wise than most others. A question of whether 2022 was just a temporary setback for Asia M&A arises, together with how optimistic are we for 2023 given the resilience of the region.Irina Atkentjeva, our host, together with our M&A partners Tommy Tong and Joseph Fisher will explore the above in this episode. They will also talk about which sectors will drive activity in the region in their view, what other sectors may catch up, deal structures and terms we expect to see and how are M&A activity levels in 2023 so far.For more thoughts and insights on the global M&A market for 2023, read our Global M&A report 2023 – Headwinds, Tailwinds and Fog: https://insights.hsf.com/global-ma-outlook-2023/p/1
Join hosts Malika Chandrasegaran, Partner and Mia Harrison Kelf, Senior Associate from our Sydney Corporate M&A team for a discussion with Toby Eggleston, Partner and tax expert from our Melbourne office, on navigating tax related issues that arise when negotiating tech deals. They cover what regulators, such as FIRB and the ATO, are thinking about at the moment, issues such as scrip for scrip rollover, earnouts, retention payments and option schemes, and ways that we are bridging value gaps on tech deals in current markets.
Finance partners Andrew McLean, Jon Evans and Elizabeth Charlesworth take the wheel this episode to discuss the evolution of green and sustainability linked loans, from federal government funders and other agencies to increasing interest from commercial banks, institutional investors and private capital. They discuss the key issues across mining, energy and infrastructure sectors, along with recent regulatory and industry developments addressing greenwashing and social targets (or “pinkwashing”).
We were delighted to host the London launch of the Living Wage Foundation's new Living Pension employer accreditation and to become one of the UK's first Living Pension employers.In the latest podcast from the Herbert Smith Freehills’ pensions team, Tim Smith, Professional Support Consultant, is joined by Katherine Chapman, Director of the Living Wage Foundation and Shelley Morris, Senior Project Manager for the Living Pension at the Living Wage Foundation to discuss this new initiative and to find out:•What the Living Pension is and why is it being launched?•What standards an employer's pension scheme needs to meet in order to qualify?•How the standards cater for the current cost of living crisis?•How this initiative differs from other similar initiatives aimed at helping people save more for their retirement?•What employers should do if they want to become a Living Pension employer?Anyone interested in finding out more about the Living Pension should click here. https://livingwage.org.uk/living-pensionTo receive future podcasts from the HSF pensions team direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/.To view our other pensions podcasts click here http://www.hsfnotes.com/pensions/?m=podcasts
In this episode in our Tax Bites series, Professor Graeme Cooper and partners Ryan Leslie and Toby Eggleston unpack the just released Exposure Draft on changes to Australia’s thin capitalisation regime aimed at limiting interest deductions for Australian taxpayers. 30 years of tax history packed into under 30 minutes!
More details here: https://hsfnotes.com/taxaustralia/2023/03/17/tax-insight-new-limits-on-deducting-interest/
In this episode of On Just Terms, Jason Betts is joined by Elizabeth Collins SC and Imtiaz Ahmed who are both Barristers at Sixth Floor Chambers. Both deeply experienced in the conduct of class actions litigations, including shareholder class actions, they discuss advocacy in complex commercial litigation, the operation of the class action regime and the nature of practice at the commercial bar.
Exploring the links between royal commissions and class actions, the funding of our major corporate regulators, director and officer obligations, and best practice briefing when working with barristers.
In celebration of International Women’s Day, partners Nerida Jessup and Natalie Gaspar from our employment, IR and safety practice speak with Jaclyn Booton, Executive Director of the Stella Prize, a major literary award celebrating Australian women’s writing. They reflect on 10 years of Stella and its significant influence on a more vibrant and equitable literary culture. An approach of “You lead, we’ll support” has been key to this success and will resonate with organisations seeking better diversity and inclusion outcomes. Visit stella.org.au - your book club will thank you!
In this episode we take a look at the new multi-enterprise bargaining regime and answer the big questions on Australian employers’ minds. Why is this one of the most significant changes to Australian industrial relations in decades? How will unions use it to force bigger and more equal salaries across industries? What are the risks that it presents to employers and unions? Why is (almost) every employer exposed? How can employers avoid being forced into the regime? And how should employers best prepare for its commencement in June 2023? Rohan Doyle and Nick Ogilvie share their insights on these important questions and draw out key strategies that employers should consider well ahead of commencement of the new world of multi-enterprise bargaining.
In this podcast, Julian Copeman and Maura McIntosh discuss data class actions, which represent a significant risk for businesses, and consider the ways in which such actions can be brought in the English courts. The podcast looks in particular at the potential for data class actions to be brought on an "opt-out" basis, using the representative action procedure under CPR 19. It considers the avenues by which data claims may still be pursued as representative actions despite the Supreme Court's high profile decision in the Lloyd v Google case, and looks at a very recent High Court decision which could potentially lead to the procedure being used more widely. It also touches on the potential for data claims to be reframed in order to take advantage of the specific regime for competition class actions in the Competition Appeal Tribunal.
The presenters are both authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the fourth in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.
In the latest podcast from Herbert Smith Freehills’ pension team, Michael Aherne, Partner, is joined by Alex Hutton-Mills, Co-founder and Head of Pension Corporate Finance at Cardano Advisory to discuss Corporate Transactions involving Pension Schemes and how the Regulatory framework has altered over the last 10 years. In particular, Michael and Alex discuss:
- The impact of the Regulators criminal powers on corporate transactions;
- Changes in the nature of transactions;
- The dynamics playing out between public and private M&A;
- The DB funding code; and
- New notifiable events regime.
To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog.
To view our other pensions podcasts click here
Contacts
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
In this episode of On Just Terms, Herbert Smith Freehills partner Jason Betts is joined by Michael Pelly, Legal Affairs Editor, Australian Financial Review (AFR) to discuss the reporting of legal affairs, trending reforms in class actions, and the issues more likely to grab future headlines in Australia.
In a time of significant change where the legal sector is reshaping itself and risks are evolving quickly, they discuss ideas discuss the dynamic evolution of class actions and their potential to drive social change, the adversarial nature of litigators, and balance, efficiency and proportionality in the judicial system.
In our first Employment & IR Briefing Series event for 2023, Wendy Fauvel moderated a panel of experts spanning our national Employment and IR team including Rachel Dawson, Shivchand Jhinku and Brad Popple.In this webinar our panel broke down some common myths and shared insights on what employers can be doing to effectively navigate these changes. Our panel also looked forward to what might come next, including the “closing loophole” legislation that is planned by Labor in the second half of the year.
From contractual to incorporated joint ventures, data sharing arrangements and everything in between, the structures and complexity of tech deals are less likely to follow the traditional M&A or investment path which makes tech an exciting space to be working in. Join our host Mia Harrison-Kelf, Senior Associate in the Sydney Corporate M&A team, for a discussion with Peter Jones, Sydney Telecommunications, Media & Technology Partner, and Jamie McLaren, Corporate M&A Partner based in our Singapore office as they touch on the trends they are seeing across the APAC region and the drivers behind companies seeking out alternative structures.
In this podcast, Neil Blake and Gregg Rowan discuss environmental and human rights-based group actions, which continue to give rise to significant risks for businesses. The podcast focuses in particular on transnational tort claims in the English courts, in which claimants seek to establish liability on the part of parent companies for the acts or omissions of their subsidiaries abroad, and looks at how this area is developing. It also discusses climate-change related litigation, and the potential for such claims to take hold in England and Wales.
The presenters are both authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the third in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.
In this episode we take a brief break from IR reform, and take a look at the top 6 IR cases of 2022 that IR and HR practitioners need to know, but might have missed. These decisions of the Fair Work Commission and the Federal Court will have significant implications for many employers. Rohan Doyle, Natalie Gaspar and Brad Popple break down the detail and draw out the key practical points which IR practitioners should be across.
In this episode, Mel Debenham and Isabella Kelly invite Mark Smyth, disputes partner to join our series exploring the themes from HSF’s report on Unlocking ESG Investment in Australia. With 58% of our report’s survey respondents, comprising more than 100 business leaders, seeing barriers to greater levels of ESG investment including legal, tax and tenure of investment, Mark expands on the difficulties for companies in talking about the long term benefits they expect to realise through ESG investments or announcing a strong corporate ambition on ESG.Read our report here: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/2?utm_source=Soundcloud&utm_medium=podcast&utm_campaign=EP25
In this episode of our public M&A podcast series, we discuss the National Security and Investment Act in the context of public M&A transactions, in particular:
- the decisions we have seen under the regime in the past 12 months;
- the impact it has had on takeovers in practice; and
- our key takeaways for parties and their advisers.
In the third episode of our investigations podcast series, join Robert Hunt, Miriam Everett, Stephanie Barrett and Ali Grodzki where they discuss data issues in investigations, including the ever-increasing sources of data, navigating data laws and the evolving methods in which we collect and review data.
In this 17th episode of our series of commercial litigation update podcasts, we consider recent cases on waiver of privilege, developments relating to disclosure, judgments and enforcement, and two recent Court of Appeal decisions on limitation and settlement respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Daniel Woods, a senior associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
- High Court decision shows need for clear evidence if trying to prevent use of privileged material disclosed in error
- High Court finds reference to legal advice in witness statement engaged cherry-picking rule
- Disclosure: High Court directs party to identify which current and ex-employees have been asked for/given consent to search for documents on their personal devices
- Court orders contempt proceedings to be brought in respect of possible breaches of embargo on draft judgment
- UK government consults on joining Hague Judgments Convention 2019
- Court of Appeal finds limitation period may start to run before deadline for payment of debt
- Court of Appeal finds settlement agreement released unknown fraud claims despite lack of express words to that effect
In this podcast, Kim Dietzel, Stephen Wisking and Maura McIntosh discuss competition class actions under the Collective Proceedings Order regime in the Competition Appeal Tribunal (CAT), which allows claims to be brought on either an "opt-in" or "opt-out" basis. This is an area that has seen very significant growth over the past couple of years, and we expect this trend to continue. The podcast explains the key features of the regime, how the CAT approaches the certification of these claims, and the trends we are seeing.
The presenters are all authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the second in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.
A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies.
Speakers: Julie Farley, Professional Support Lawyer, Sarah Hawes, Head of Corporate Knowledge, Isobel Hoyle, Professional Support Lawyer and Erica MacDonald, Professional Support Lawyer
In this episode, Tim Stutt and Mel Debenham are joined by Kathryn Pacey, environment and planning partner to discuss HSF’s report on Unlocking ESG Investment in Australia, and the long road for businesses assessing their supply chain and how to balance immediate pressures with long term ambition. 60% of our report’s survey respondents, comprising more than 100 business leaders, say their company has a net zero commitment ranging between now and 2050, but 40% say the commitments don’t reflect Scope 3 emissions in the value chain. Given regulatory uncertainty and inconsistency was cited as the only barrier unique to Australia, Kathryn discusses the swathe of regulatory changes facing businesses and their goals for emissions reduction and environmental protection.
Join Robert Hunt, Cameron Dunstan-Smith and Brian Spiro for the second episode of our investigations podcast series where they will be discussing dawn raids. This episode will explore key themes when dealing with a dawn raid, including the importance of preparation, how best to confront them when they arise and what can be done to prevent a raid from happening. They will also share practical lessons learnt from their own personal experiences. If you have any questions, please do not hesitate to contact the team.
In this episode we deep dive into the recently passed Secure Jobs, Better Pay Act, which is set to have a significant impact on the industrial relations environment in Australia. Rohan Doyle, Natalie Gaspar and Nicholas Ogilvie discuss how enterprise bargaining will change under these new laws, and the work that employers will need to do to best position themselves for this new bargaining environment.
In this episode Mark Peters and Toby Eggleston discuss the latest in the world of NSW stamp duty. A must listen for those in property and infrastructure.More details can be found on blog here: https://hsfnotes.com/taxaustralia/2022/11/15/nsw-stamp-duty-reforms-change-of-beneficial-ownership-where-have-we-landed-significant-changes-to-leases-and-option-transactions/
In this episode of On Just Terms, Jason Betts is joined by The Hon. Justice Sarah C Derrington AM President of the Australian Law Reform Commission (ALRC), their discussion covers reforms to class actions practice, changes to the corporations law and the future direction of commonwealth law reform. Her Honour shares insights into the factors impacting class actions, approaches to modern litigation including mega-litigation, the future of the ALRC, and the role serendipity has played in her career.
In this Christmas Special edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Elena Kormosh, Scott Warin, Tom Wyer and Catherine Bagge.You can find links to our blogs on the cases covered in this podcast below:•High Court confirms interest rate swaps entered into with Italian municipal authority were valid, lawful and binding on the parties https://hsfnotes.com/bankinglitigation/2022/11/11/high-court-confirms-interest-rate-swaps-entered-into-with-italian-municipal-authority-were-valid-lawful-and-binding-on-the-parties/•High Court finds that bank's notice of event of default under section 5(a)(i) of the 2002 ISDA Master Agreement is valid https://hsfnotes.com/bankinglitigation/2022/11/17/high-court-finds-that-banks-notice-of-event-of-default-under-section-5ai-of-the-2002-isda-master-agreement-is-valid/•Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to "overcome" force majeure event https://hsfnotes.com/bankinglitigation/2022/11/07/court-of-appeal-finds-party-was-required-to-accept-non-contractual-performance-in-exercising-reasonable-endeavours-to-overcome-force-majeure-event/•High Court considers contractual construction of irrevocable letter of credit incorporating UCP 600 https://hsfnotes.com/bankinglitigation/2022/11/15/high-court-considers-contractual-construction-of-irrevocable-letter-of-credit-incorporating-ucp-600/•Interpreting ICC standardised rules in trade finance disputes: courts take an international perspective https://hsfnotes.com/bankinglitigation/2022/10/28/interpreting-icc-standardised-rules-in-trade-finance-disputes-courts-take-an-international-perspective/•No privilege for original version of document simply because comparison to final version would reveal legal advice https://hsfnotes.com/litigation/2022/10/06/no-privilege-for-original-version-of-document-simply-because-comparison-to-final-version-would-reveal-legal-advice/•Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege https://hsfnotes.com/bankinglitigation/2022/11/22/court-of-appeal-confirms-identity-of-those-instructing-lawyers-not-generally-protected-by-litigation-privilege/Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/
In the latest podcast from the Herbert Smith Freehills' pensions team, Olivia Kettleborough, our Professional Support Paralegal is joined by Tim Smith, our Professional Support Consultant to look back at 2022 and to look ahead to the key developments in store for pension scheme sponsors, trustees and providers as we move into the New Year. These include:
- the new DB statutory funding requirements;
- pension dashboards; and
- the Consumer Duty.
Tim also shares a couple of other developments to look out for which people may not be aware of.
To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog.
To view our other pensions podcasts click here.
Contacts: If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
In this podcast, Damian Grave, Gregg Rowan and Maura McIntosh discuss the evolving landscape for class actions in England and Wales. The presenters are the general editors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell.
This is the first in a new series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at particular topics of interest relating to class actions or areas where we expect to see growth.
In our final edition of the Safety Leadership Series for 2022, Steve Bell and Aaron Anderson are joined by Special Counsel, Lucy Bochenek to swap notes from their years of experience supporting employers and individuals following serious workplace incidents. The team reflect on the issues and decisions that really matter in the days, weeks and months following an incident:•What happens next, preparing for the long haul•Navigating the regulator’s investigation•Supporting impacted workers and families•Preparing for the legal, commercial and reputational challenges and surprises•Supporting directors, officers and leadershipWe hope these insights are valuable, and we really look forward to bringing you future editions of our Safety Leadership Series in 2023.
In this episode, Tim Stutt and Mel Debenham are joined by Jacqui Wootton, disputes partner and co-head of HSF’s Australian corporate crime and investigations practice. In our second episode unpacking HSF’s report on Unlocking ESG Investment in Australia, we are firmly focussed on the “S”, a key issue emerging from our survey of more than 100 business leaders on accelerating investment in ESG outcomes. 80% of respondents say they have reviewed or plan to review their ESG policies and operations, with modern slavery in particular one of the issues most identified. Jacqui shares her thoughts on the challenges ahead for companies in not only meeting rising reporting and regulatory expectations, but how they are measuring whether their approaches are effective and driving positive change.Read our report here: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/4?utm_source=podcast&utm_medium=podcast&utm_campaign=third-wheel
In this episode, Mel Debenham and Tim Stutt are back at the wheel to launch HSF’s report on Unlocking ESG Investment in Australia. The report unpacks the findings from our survey of more than 100 business leaders on the size and shape of the ESG investment challenges and opportunities. With the help of expert interviews across industry, the report explored the uncertainty about risk, returns and regulation to be addressed for businesses to adapt at the scale and speed to meet shifting investor and community expectations. This is the first episode in a series that will deep dive on the key report findings: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/1?utm_source=podcast&utm_medium=podcast&utm_campaign=third-wheel
In this episode we again change pace from looking at industrial relations reform, and instead explore the practical problems employers are facing in getting enterprise agreements approved. Wendy Fauvel joins Rohan Doyle and takes us through the top six issues we are seeing of late with enterprise agreement approval applications and the process more generally. They also highlight the importance of clarity in the drafting of enterprise agreements given the risk of payroll compliance issues. This will be an area to watch, as it may also be impacted by the impending Secure Jobs, Better Pay reforms.
In this episode of On Just Terms, Jason Betts is joined by Jacob Varghese Chief Executive Officer of Maurice Blackburn Lawyers to discuss the litigious environment relating to social justice causes including their models of funding. Jacob shares his perspectives on the use of class actions to seek access to justice, the regulatory pyramid, group costs orders, and emerging trends including the gig economy, and crypto. They also discuss the legal profession more broadly and the economic realities of a profession remunerated on input rather than value.
In episode 17, Emma and Rebekah are joined by Julie Chiu, a Senior Associate in Herbert Smith Freehills’ London office, to discuss a number of lawsuits playing out in the United States and Europe in relation to patents for Covid-19 vaccines – with so many players involved in developing the vaccines, and given the success of the vaccines, it is not surprising that some disputes have emerged. So who is suing who?
In this episode of On Just Terms, Herbert Smith Freehills partner Jason Betts is joined by Michael Pelly, Legal Affairs Editor, Australian Financial Review (AFR) to discuss the reporting of legal affairs, trending reforms in class actions, and the issues more likely to grab future headlines in Australia.In a time of significant change where the legal sector is re-shaping itself and risks are evolving quickly, they discuss the dynamic evolution of class actions and their potential to drive social change, the adversarial nature of litigators, and balance, efficiency and proportionality in the judicial system.
In this episode of On Just Terms, Jason Betts is joined by President of the NSW Court of Appeal, the Honourable Justice Julie Ward. Her Honour shares perspectives on efficient management of complex litigation, challenges presented by class action multiplicity, and the evolving nature of legal practice in the post pandemic era. Elevated to the bench from partnership, Justice Ward shares her unique understanding of the interactions between corporate lawyers and the courts - discussing procedural fairness, advocacy and the invaluable nature of mentoring relationships.
Join our expert panel of Peter Holloway, Anne Hoffmann and Priscilla Bourne as they discuss the myriad considerations to make as an insurance policyholder when it comes to managing class action defence costs.
In the first episode of our new Chinese language podcast, Gerald Leong (a Senior Associate in our Arbitration practice in London) and Alizee Zhang (a Senior Associate in our Corporate practice in Shanghai) discuss the key sources of English law and some points of comparison with PRC law. The series will focus on the importance of the UK-China investment corridor and introduce our China-based clients to the key commercial and legal issues in investing in the UK market.
在这个系列节目中，本所律师将对英格兰法律的不同领域进行简短介绍和讨论，希望能够帮助大家了解自身在英格兰法律下的权利和义务，并在考虑进入英国市场或选择英格兰法律作为合同管辖法的时候能够更好地作出决定。
Detailed materials (Chinese language)
Speakers: Gerald Leong, Senior Associate, International Arbitration, London and Alizee Zhang, Senior Associate, Corporate, Shanghai
In this episode of On Just Terms, Jason Betts is joined by Cain Jackson Partner of Wotton Kearney and Paul O'Brien Director of YPOL. Together they discuss the growth in class actions and its impact on insurance markets, as well as the ESG exposures shaping the next chapter of risk. From the impact of litigation trends on insurance markets, through reconciling individual stakeholder interests, and how consideration of corporate cultures may be being overshadowed by climate concerns – this conversation explores what’s keeping directors awake.
In this episode of our public M&A podcast series, we discuss the Takeover Panel’s recent consultation paper (PCP 2022/2) on the definition of ‘acting in concert’, in particular the Panel’s proposed approach to:
- groups of companies;
- investment trusts; and
- other investment entities.
It is important for affected entities to understand the impact of the proposed rule changes, even if they do not intend to undertake any public M&A.
In this episode we take a break from industrial relations reform and instead share insights on the enterprise bargaining environment in Australia. Rohan Doyle and Anthony Wood discuss what employers are currently seeing at the bargaining table, including some interesting statistics on what is quite a unique bargaining environment.
Southeast Asia is said to be one of the fastest growing and one of the most active regions for tech deals in the world, so in this episode we’ll be taking a whistle stop tour around the region to talk about some of the key recent trends in tech transactions. Join our host, Malika Chandrasegaran, Corporate M&A Partner, with special guests Vik Tang, Partner and Head of Corporate in our associated Indonesian law firm Hiswara Bunjamin & Tandjung, and Victor Chiew, Director at our associated Singapore law firm Prolegis, as they discuss digital infrastructure, an increase in M&A deals and cloud hosting, tech companies acquiring banks in Indonesia, and how regulators are keeping up with the changing landscape.
Join Malika Chandrasegaran, Partner and Mia Harrison-Kelf, Senior Associate as they kick off our new podcast series which will explore the who, the what, and the why of tech deals across the Asia-Pacific region.
In this episode of On Just Terms Jason Betts is joined by two of Herbert Smith Freehills partners, Aoife Xuereb and Bryony Adams, to discuss emerging themes in the litigation and regulatory contexts, perspectives on product liability and Anti-Money Laundering and Counter-Terrorism Financing (AMLCTF), and the meaning of commerciality for litigators.
Their discussion covers the observance of overseas trends in ESG, cyber and data considering Australia’s commercial litigation framework’s response, a potential product liability renaissance, the stakeholder equation, the top 5 issues keeping boards awake and alert.
In this third episode in our series, Professor Graeme Cooper and partners Toby Eggleston and Ryan Leslie share insights on the 2022 Federal Budget.
In this episode of On Just Terms, Herbert Smith Freehills Partner Jason Betts is joined by Mark Rigotti Managing Director and CEO of the Australian Institute of Company Directors to discuss the changing risk environment for corporate Australia, building climate and cyber capability and the direction of corporate governance.
Mark comments on the risk environment, shares insights from the AICD on the agenda for boards, and the changing importance of corporate culture, and change.
In this episode of On Just Terms, Herbert Smith Freehills Partner Jason Betts is joined by Non Executive Director of numerous Australian listed entities Arlene Tansey to discuss how Australian corporations are navigating the complexity of their litigation and regulatory environments.
Their discussion covers how listed entities approach corporate governance, the changing risk environment from re-emergence of royal commissions to continued growth in class actions, increasingly proactive corporate regulators, and corporate governance risk in an environment of increased shareholder activism.
Today we talk with Heimen Visser, Head of Sustainable Cities and Fund Manager at Primevest Capital Partners, a pan-European investment boutique that specialises in investments in innovative real assets.
Heimen is leading the charge in PPPs and net zero city projects with the development of smart street light projects across various cities in the Netherlands. Tune in for some golden insight on some of the pain points of developing PPPs and on how to approach municipalities as a private financier looking to work on net zero city projects with municipalities.
Speakers: James Rae, Associate, Herbert Smith Freehills and Heimen Visser, Head of Sustainable Cities and Fund Manager, Primevest Capital Partners (www.smartcitynederland.com and www.primevestcp.com)
In the latest podcast from Herbert Smith Freehills’ pension team, Tim Smith, Professional Support Consultant, is joined by Jon Forsyth, Partner and Actuary at LCP, to discuss the Government's proposals regarding the need for defined benefit (DB) schemes to implement a long-term funding and investment strategy. In particular, Tim and Jon discuss:
• the likely impact of the Government's proposals on DB schemes and sponsors • whether the proposed 'one size fits all' approach is appropriate, and • the changes that ought to be made to the draft Regulations before they are finalised.
For a more detailed analysis of the impact of the proposed changes to the funding regime for DB schemes, read LCP's recent paper on this - https://www.lcp.uk.com/media-centre/2022/10/on-point-paper-missing-the-target-how-over-rigid-pension-scheme-funding-proposals-could-have-unwelcome-consequences/.
To receive future podcasts direct to your inbox subscribe hsfnotes.com/pensions/subscribe/ to our UK pensions blog hsfnotes.com/pensions/.
To view our other pensions podcasts, including the other podcasts in this series, click here www.hsfnotes.com/pensions/?m=podcasts
Contacts If you would like to discuss any of the topics covered in this podcast, please speak to your usual HSF adviser or contact one of our specialists.
In our second episode of Inside IR, partners Rohan Doyle and Natalie Gaspar continue their breakdown of the action items arising from the Federal Government’s Jobs and Skills Summit. We look at the proposed Same Job, Same Pay reforms, proposals to limit the use of non-permanent labour, and proposals to increase the proportion of employees covered by enterprise agreements. We also provide an update on the status of enterprise agreement terminations and multi-enterprise bargaining.
In this episode of our public M&A podcast series, we talk about 'securities exchange' or 'share for share' offers and what is different about them. We look in particular at why we expect to see more of them and the additional rules that apply, including:
- the rules on reverse takeovers both under the Takeover Code and under the Listing Rules
- when a prospectus is required and
- other disclosure requirements that are likely to be relevant on a share for share offer.
Speakers: Antonia Kirkby, Professional Support Consultant and Heidi Gallagher, Partner
Investment activity in Indonesia has seen a significant 30% increase at the start of 2022, revealing the confidence among domestic and foreign investors in Indonesia’s potential. We have collaborated with our associated Indonesian law firm Hiswara Bunjamin & Tandjung for our fourth episode. Our host Stephanie, Corporate M&A Partner and managing partner Tjahjadi Bunjamin, both at Hiswara Bunjamin & Tandjung speaks with special guest Stefanus Ade Hadiwidjaja – Chief Investment Officer at Indonesia Investment Authority (INA) about the trend of M&A across a number of key sectors in Indonesia including infrastructure, digital economy, healthcare and more.
Learn more about the opportunities present for private capital players, current key sectors that are in focus and the outlook of M&A in the vibrant Indonesian market through their conversations.
For more practical insights on the latest economic and regulatory developments impacting transactions and projects in Indonesia, be sure to attend our quarterly focus Indonesia seminar in Singapore. Contact Richard Pedler for details.
In the latest podcast from Herbert Smith Freehills’ pension team, Mark Howard, Of Counsel is joined by Prashant Mehta, Business Development Manager at Just. In their conversation, Mark and Prash cover:
- Top three tips for Trustees and Employers looking to enter into a Bulk Purchase Annuity;
- What Just does to help schemes get ready to transact; and
- What developments Prash has seen in the market over the last 10 years.
To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog.
To view our other pensions podcasts, including the other podcasts in this series, click here.
Contacts
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
In our very first episode of Inside IR, partners Rohan Doyle and Natalie Gaspar begin their deep dive into the Federal Government's recent Jobs & Skills Summit. We look at some of the key areas of focus coming out of the Summit, namely the proposal to limit the ability of employers to terminate enterprise agreements during enterprise bargaining, and the potential for forced multi-employer bargaining and sector-wide industrial action campaigns. Rohan and Nat explore the practical impact these potential reforms might have on Australian workplaces and the issues to consider during the post-Summit consultation phase.
In this 15th episode of our series of commercial litigation update podcasts, we look at some recent or upcoming developments relating to disclosure, jurisdiction and the new Chancery Guide, decisions relating to privilege and the application of the without prejudice rule, and the impact of the UK sanctions regime on proceedings in the English court involving sanctioned Russian parties.
This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Alexander Gridasov, a senior associate (Russia).
Below you can find links to our blog posts on the developments and cases covered in this podcast.
· Disclosure Pilot Scheme to take effect as permanent new Practice Direction from 1 October 2022, with no substantial changes
· Expansion of jurisdiction gateways coming soon
· 2019 Hague Judgments Convention comes into force in September 2023 but (for now) only between EU and Ukraine
· New edition of Chancery Guide in force
· High Court refuses injunction to prevent use of privileged material disclosed in error, where it revealed potential serious breach of court guidance
· Competition Appeal Tribunal considers when there is a dispute sufficient to give rise to without prejudice privilege
· Navigating UK sanctions against Russian persons in English court proceedings
Herbert Smith Freehills Partners Silke Goldberg, Melanie Debenham and Huneiza Goolam chat to Senior Associate Michael Bidwell about the ESG trends they are seeing in Europe, Australia and South Africa.
In this episode, our Employment, Industrial Relations and Safety team take the wheel again, with Nerida Jessup hosting special guests Anna Creegan and Lucy Boyd. Nerida, Anna and Lucy have a conversation around how organisations are responding to the increased community and shareholder expectations on transparency around sexual harassment and other workplace conduct issues. Together they look at the key drivers of this change including how the increased focus of safety regulators on sexual harassment has changed approaches to reporting, as well as the scrutiny around the use of non-disclosure agreements.
Our Designated and Bettor’s Verdict podcasts hosts, Jonathan Cross and Steve Jacobs, come together to discuss OFAC’s recent sanctions on Tornado Cash, a crypto blender running through smart contracts on the Ethereum blockchain, and a recent lawsuit to block these sanctions. Jonathan and Steve discuss the traditional reach of sanctions power, and whether that power can be applied to open-source software.
In the latest podcast from Herbert Smith Freehills’ pension team, Rachel Pinto, Partner, is joined by Richard Priestley, Managing Director of the Canada Life Insurance Division and Helen Hallam, Lead Counsel for Insurance at Canada Life. In their conversation, Rachel, Richard and Helen cover:
- Recent market conditions and affordability of bulk annuity transactions
- What practical steps trustees can take to increase their chances of being able to execute transactions quickly
- Given the unprecedented nature of Covid, how are insurers likely to respond to the mortality experience of 2020 and 2021?
- The role of "Requested Contractual Terms" ("RCT"s) in the bulk annuity quotation process and how RCTs can best be used by trustees.
To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog.
To view our other pensions podcasts, including the other podcasts in this series, click here.
Contacts
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
In this episode Professor Graeme Cooper and partner Toby Eggleston dissect the Treasury Consultation Paper on Multinational tax integrity and enhanced tax transparency.More details can be found on blog here: https://hsfnotes.com/taxaustralia/2022/08/15/tax-insight-treasury-consultation-paper-international-tax-measures/
Laura Bowlt and Kate Bowlt discuss Stage 1 of the new Building and Construction Industry (Security of Payment) Act 2021 (SOPA) (WA), as well as providing some practical tips on ensuring your contracts are SOPA ready, and the importance of responding to payment claims on time. The first stage of SOPA brings in shorter payment timeframes, as well as bringing in measures to improve fairness in contracting and a new rapid adjudication system. They explain the gradual implementation of SOPA, and why mining and energy companies who may have been excluded from the Construction Contracts Act 2004 (WA) should consider whether new works will be captured by SOPA.Authors: Laura Bowlt and Kate Bower
Demand for digital infrastructure has surged drastically in recent years, particularly in the emerging markets, driven by rapid digital adoption in Asia.Digital infrastructure deals worth over US$30 billion were announced in Southeast Asia in 2021, and this trend has continued across different digital infrastructure asset classes throughout 2022. In our third episode of INside Asia M&A, host and Senior Corporate law Specialist Cynthia Ng invites Wilson Chung, Principal at DigitalBridge Investment Management, and Mark Robinson, our TMT sector lead partner to discuss trends on digital infrastructure around the Asia Pacific regions. Together, they answer fundamental questions, including what impact global geopolitical and macroeconomic issues have on digital infrastructure M&A, changes in ownership of asset classes, whether ESG plays a role in driving digital infrastructure M&A, key issues and the future outlook for digital infrastructure M&A across APAC.
The latest edition of our Regulation in Focus podcast series features Jenny Andrews, an Of Counsel in our Employment team and Charles McGrath, a Senior Associate in our contentious FSR practice in London. Jenny and Charles remind listeners about the statutory and regulatory whistleblowing framework in the UK before summarising some interesting recent case law developments and the key issues coming out of them that financial services firms need to be aware of. The discussion is moderated by Cat Dankos, the Regulatory Consultant in our London FSR practice.
Our second ‘Safety Leadership Series’ webinar for 2022 looked at work health and safety reform across Australia. Partners Steve Bell, Aaron Anderson, Olga Klimczak and special counsel Lucy Bochenek discussed the findings from the Enough is Enough report on sexual harassment in the FIFO mining industry, including the broader WHS implications and related reform in other jurisdictions, such as the Victorian Government’s response to recommendations of the Ministerial Taskforce on Workplace Sexual Harassment.
Join class actions partners Liz Poulos, Harry Edwards and Ruth Overington as they discuss the implications of threatened class actions and current trends, and consider different funding models and other key drivers affecting a claim being filed.
Russian Investment Restrictions Implemented in Response to the Crisis in Ukraine
In this mini-series, we discuss the recent sanctions measures implemented in the U.S., E.U., and U.K. as a response to the crisis in Ukraine. In this episode, Jonathan Cross, Susannah Cogman, and Brittany Crosby-Banyai focus on the recent sanctions measures that impact Russian investments.
We will continue to monitor developments in this area, and encourage you to subscribe to be kept informed of latest developments. Please contact the authors or your usual Herbert Smith Freehills contacts for more information.
Melanie Debenham is joined by Anél Joubert, ESG Manager and Jeremy McManus, GM Commercial and Investor Relations from Neometals, an emerging and sustainable producer of battery minerals. Anél and Jeremy discuss the prominence of ESG in their own roles and across Neometals’ markets and operations in Australia and Europe. They discuss the global and local transition to clean energy and energy storage spanning the battery and electric vehicle value chains.
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Catherine Bagge.
You can find links to our blogs on the cases covered in this podcast below:
• High Court finds no unfairness in bank’s restructuring of loan arrangements https://hsfnotes.com/bankinglitigation/2022/06/29/high-court-finds-no-unfairness-in-banks-restructuring-of-loan-arrangements/
• High Court considers receiving bank’s liability in context of APP fraud https://hsfnotes.com/bankinglitigation/2022/06/27/high-court-considers-receiving-banks-liability-in-context-of-app-fraud/
• High Court grants freezing injunction in relation to stolen non-fungible tokens (NFTs) https://hsfnotes.com/litigation/2022/07/07/high-court-grants-freezing-injunction-in-relation-to-stolen-non-fungible-tokens-nfts/
• High Court finds identity of those giving instructions to lawyers not protected by litigation privilege https://hsfnotes.com/litigation/2022/06/21/high-court-finds-identity-of-those-giving-instructions-to-lawyers-not-protected-by-litigation-privilege/
• Party penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57AC https://hsfnotes.com/litigation/2022/06/24/party-penalised-in-costs-for-disproportionate-application-to-strike-out-witness-evidence-for-non-compliance-with-pd-57ac/
• English court judgment enforced in China for the first time following landmark policy announcement https://hsfnotes.com/litigation/2022/06/13/english-court-judgment-enforced-in-china-for-the-first-time-following-landmark-policy-announcement/
• High Court considers when recast Brussels Regulation continues to apply in transitional cases https://hsfnotes.com/litigation/2022/07/07/high-court-considers-when-recast-brussels-regulation-continues-to-apply-in-transitional-cases/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
In episode 15, Emma and Rebekah discuss the new advertising code administered by the Therapeutic Goods Administration, and in particular its regulation of advertising in social media.
In the first episode of our Tax Bites podcast series, Stamp duty partner Jinny Chaimungkalanont enlightens tax partner Toby Eggleston on all the happenings in the world of stamp duty.
Cathy Liu shares some recommendations for brands doing business in China following the latest online promotion and advertising trends, beginning with tightening regulation of the booming livestreaming and KOLs (influencers) industry, underlining the importance of honest representation (including account profile, audience comments and video settings) and a crack-down on false claims in advertising. Geopolitical tensions and related social media boycotts are also playing an increasing role in the enforcement of Advertising Law with regulators investigating brands for undermining Chinese national dignity and interests.
Tim Stutt and Kathryn Pacey are joined by Dr Chris Greig, Princeton University to discuss the energy transition, industry decarbonisation, technology and investment. Dr Greig shares the origin story and highlights of Net-Zero America, the research project that not only quantifies but visually displays five distinct technological pathways, using known technologies, by which the United States could decarbonize its entire economy by 2050. He breaks down the four make-or-break critical issues for energy transition: (1) the unprecedented speed and scale of infrastructure to be built; (2) a flow of risk capital never seen before; (3) maintaining the social contract with communities; and (4) major workforce mobilisation and a just transition for workers. Dr Greig underlines the importance of Australia’s strong ambition and domestic emissions targets to achieve speed and scale. As for achieving net zero and becoming a major exporter of low emission energy - you won’t have to wait long for the Net-Zero Australia study findings to be released in August 2022. To participate in HSF’s survey on unlocking ESG investment in Australia and gain access to exclusive insights email ESG.tracker@hsf.com.
Net-Zero America: https://netzeroamerica.princeton.edu/?explorer=year&state=national&table=2020&limit=200 Net-Zero Australia: https://acee.princeton.edu/rapidswitch/projects/net-zero-australia/
In this latest podcast from the Herbert Smith Freehills' pension team, Professional Support Consultant, Tim Smith is joined by Dan Saunders, a Senior Associate in our pension disputes team. In this episode, Dan considers:
• the scope of trustees potential liability if they are found to have committed a breach of trust;
• the protections available to trustees in this scenario, including the effect of exoneration clauses, indemnities and insurance;
• whether the recent decision in the USS case opens the door for more claims to be brought against directors of a corporate trustee in their personal capacity; and
• how trustees can check what protections they have in place under their scheme.
To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/
To view our other pensions podcasts, including the other podcasts in this series, click here: http://www.hsfnotes.com/pensions/?m=podcasts
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
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.
Melanie Debenham and Tim Stutt are joined by Kathryn Pacey to break down an historic election where climate change featured prominently. The first six weeks of a new government have provided much to discuss including the Climate Change Bill to be introduced in the first week of parliament, a review to ensure the integrity of the carbon credit system (and similarly the Safeguard Mechanism), a $20 billion investment in transmission infrastructure and a raft of commitments in relation to green energy technologies. Along with the review of the Environment Protection and Biodiversity Conservation Act, a new environmental regulator and likely greater focus on action to benefit biodiversity.
This podcast series features HSF practitioners discussing hot topics and live issues in the field of public procurement. In this latest episode, Tim Briggs and Adrian Brown discuss the UK Procurement Bill, which was recently introduced into Parliament, including the Bill's important proposals for simplifying contract award procedures and increasing transparency in public-sector purchasing.
Speakers: Tim Briggs, Partner (Competition, Regulation and Trade) and Adrian Brown, Consultant (Competition, Regulation and Trade)
Our expert panel of Jason Betts, Aoife Xuereb, and Melissa Gladstone-Joyce discuss what a new government means for the class action landscape, and revisit their 2022 predictions by sharing key developments on issues such as class closure and the award of contingency fees.
In this episode of our Public Law Podcast series, we discuss the Government's new Bill of Rights Bill.
Don’t forget to subscribe to the channel to receive updates on future episodes.
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.
In recognition of NAIDOC Week 2022, Mel is joined by First Nations colleagues Gemma McKinnon and Kishaya Delaney for a timely discussion, given Australia’s evolving political landscape and new government following the federal election, about the Uluru Statement from the Heart and the important progress we might expect. They explain its origin, how a First Nations Voice to Parliament could be enshrined in the constitution and the proposed Makarrata Commission to oversee the process of treaty-making and truth-telling.
Asset Confiscation Under Russian Sanctions: An Update
In this mini-series, Jonathan Cross, Dr. Marius Boewe, and Susannah Cogman focus on recent confiscations and seizures implemented in the US, EU, and UK in responses to the crisis in Ukraine. We will continue to monitor developments in this area, and encourage you to subscribe to be kept informed of latest developments.
Speakers: Jonathan Cross, Partner, New York, Dr. Marius Boewe, Partner, Dusseldorf, Susannah Cogman, Partner, London Moderated by Kelechi E. Okengwu, Associate, New York
Asia Head of Competition Adelaide Luke and Tokyo senior associate Joel Rheuben discuss recent enforcement practice by competition authorities in labour markets, including in particular practices such as wage fixing and "non-poach" agreements between employers, as well as non-compete provisions in employee contracts. Companies should ensure that their compliance efforts extend to labour markets as much as to markets for goods and services.
Senior associate Howard Chan discusses competition law enforcement in the pharmaceutical sector with Frances Xu and Hazel Xu of our joint legal operation partner Kewei Law Firm, comparing the key areas of focus for competition law regulators in China and around the world.
Melbourne senior associate, Philip Aitken, is joined by Marcel Nuys, Partner our competition team in Dusseldorf and Sakurayuki, M&A partner at our associate firm Hiswara Bunjamin & Tandjung to discuss the complex and evolving interaction between competition law and ESG collaborations. The panel discusses the approaches taken by competition authorities in Europe, Asia and Australia to this complex issue.
In this episode of our Private Wealth & Charities podcast series Richard Norridge and Hussein Mithani talk to Richard Honey QC about his role as a charity trustee, the challenges faced by running a charity which supports an overseas university, and what is on the horizon for the charity. Richard Honey QC also explains what resources he uses to get to grips with charity law rules. Part 2 of 2
Speakers: Richard Norridge https://www.herbertsmithfreehills.com/our-people/richard-norridge, Hussein Mithani https://www.herbertsmithfreehills.com/our-people/hussein-mithani and Richard Honey QC
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Tom Wyer.
You can find links to our blogs on the cases covered in this podcast below:
• High Court dismisses Quincecare duty claim giving guidance on the scope and nature of the duty https://hsfnotes.com/bankinglitigation/2022/06/23/high-court-dismisses-quincecare-duty-claim-giving-guidance-on-the-scope-and-nature-of-the-duty/
• Privy Council confirms that Quincecare duty is limited to protecting customers and does not extend to protect third parties https://hsfnotes.com/bankinglitigation/2022/05/23/privy-council-confirms-that-quincecare-duty-is-limited-to-protecting-customers-and-does-not-extend-to-protect-third-parties/
• How to navigate the Autonomy judgment: guidance for corporate issuers defending Section 90A / Schedule 10A FSMA shareholder claims https://hsfnotes.com/bankinglitigation/2022/06/09/how-to-navigate-the-autonomy-judgment-guidance-for-corporate-issuers-defending-section-90a-schedule-10a-fsma-shareholder-claims/
• High Court clarifies meaning of “PDMR” in s.90A FSMA claims https://hsfnotes.com/bankinglitigation/2022/05/30/high-court-clarifies-meaning-of-pdmr-in-s-90a-fsma-claims/
• Freezing orders brought onto the blockchain and service of proceedings via NFTs https://hsfnotes.com/litigation/2022/06/20/freezing-orders-brought-onto-the-blockchain-and-service-of-proceedings-via-nfts/
• High Court decision suggests party alleging witness statement fails to comply with PD 57AC must identify specific failures https://hsfnotes.com/litigation/2022/06/06/high-court-decision-suggests-party-alleging-witness-statement-fails-to-comply-with-pd-57ac-must-identify-specific-failures/
• Article published – Expansion of jurisdiction gateways coming soon https://hsfnotes.com/litigation/2022/06/21/article-published-expansion-of-jurisdiction-gateways-coming-soon/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Tom Wyer (Associate)
In episode 14, Emma and Rebekah discuss the increasing regulatory scrutiny and expected standards of conduct to prevent ‘greenwashing’ in the promotion of products to consumers both in Australia and overseas.
In our Herbert Smith Freehills "on the horizon" podcast, we discuss the material developments in corporate law and regulation we expect to see in the next 6 - 12 months which will be of interest to listed companies. In this episode we talk about:
• new reporting requirements around climate change and diversity • Companies House reform • the latest on the audit and corporate governance reforms • the proposals to reshape the listing regime and • the latest on the prospectus regime and secondary capital raisings by listed companies.
In this 14th episode of our series of commercial litigation update podcasts, we look at the most recent decisions on trial witness statements, a decision on what parties can do when they have received a draft judgment under embargo, upcoming changes to the circumstances in which proceedings can be served on parties outside the jurisdiction and a recent decision on consequential losses.
This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Ramyaa Veerabathran, an associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• High Court decision suggests party alleging witness statement fails to comply with PD 57AC must identify specific failures https://hsfnotes.com/litigation/2022/06/06/high-court-decision-suggests-party-alleging-witness-statement-fails-to-comply-with-pd-57ac-must-identify-specific-failures/
• Party penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57AC https://hsfnotes.com/litigation/2022/06/24/party-penalised-in-costs-for-disproportionate-application-to-strike-out-witness-evidence-for-non-compliance-with-pd-57ac/
• Another decision showing what parties can – and cannot – do when they receive a draft judgment under embargo https://hsfnotes.com/litigation/2022/05/17/another-decision-showing-what-parties-can-and-cannot-do-when-they-receive-a-draft-judgment-under-embargo/
• Expansion of jurisdiction gateways coming soon http://disputeresolutionblog.practicallaw.com/expansion-of-jurisdiction-gateways-coming-soon/
• Court of Appeal finds claim for wasted expenditure not excluded by clause excluding consequential losses https://hsfnotes.com/litigation/2022/05/26/court-of-appeal-finds-claim-for-wasted-expenditure-not-excluded-by-clause-excluding-consequential-losses/
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.
M&A activity in India in the first quarter of 2022 reached a four-year record high of US$30.3 billion dollars in activity.
Investment is being driven to India by geopolitical headwinds, and by the country's many policy developments in recent years. The innovation and scale of the market's micro economies also make it an increasingly attractive destination for private capital players focussed on Asia.
In our second episode of INside Asia M&A, we discuss the current state of India's M&A and private capital markets. Host and corporate partner specialising in private capital Jamie McLaren is joined by special guest Pratibha Jain, General Counsel and Head of Corporate Affairs at Everstone Capital, and London partner and cross-border M&A specialist Siddhartha Shukla.
Together they review: the hottest sectors in India right now; recent trends in transformation, valuation and exits; and consider the structuring and lending nuances needed for a successful transaction.
Visit our series here: https://www.herbertsmithfreehills.com/latest-thinking/inside-asia-ma
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.
Visit our series: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions
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.
Visit our series: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions
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. Visit our series: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions
In the latest podcast from Herbert Smith Freehills’ pension team, Rachel Pinto, Partner, is joined by Simon Bramwell, Partner and Head of Longevity Risk Transactions at Barnett Waddingham and Matt Wilmington, Head of Origination – Bulk Annuities at Scottish Widows. In their conversation, Rachel, Simon and Matt cover:
• The preparations that schemes need to make before approaching the insurance market; • the reasons why insurers need certain information from schemes at an early stage in the quotation process; • how insurers "triage" schemes in a busy market; and • the practical challenges that schemes can encounter when trying to respond quickly to pricing moving in their favour.
To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/.
To view our other pensions podcasts, including the other podcasts in this series, click here http://www.hsfnotes.com/pensions/?m=podcasts
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
In this episode of our Private Wealth & Charities podcast series, Richard Norridge, Jade Hu and Parveen Bird from The Big Issue continue with their discussion about The Big Issue group, including some of the challenges their organisation faces and their plans on the horizon. This episode is part 2 of 2 of our conversation with Parveen.
Speakers: Richard Norridge (https://www.herbertsmithfreehills.com/our-people/richard-norridge), Jade Hu (https://www.herbertsmithfreehills.com/our-people/jade-hu), and Parveen Bird, The Big Issue
Dana Kim (Partner, Seoul) and Aoife Xuereb (Partner, Melbourne) 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.
Visit our series: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions
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.
Visit our series: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions
In this episode, Tim invites our disputes team to share climate change and ESG litigation insights. Jojo Fan from our Hong Kong office and Mark Smyth from the Sydney office discuss the rapidly increasing developments 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.
In this episode of our Private Wealth & Charities podcast series, Richard Norridge, Jade Hu and Parveen Bird from The Big Issue discuss some of the work and history of The Big Issue group; how Parveen became involved; and her roles within the network. This episode is part 1 of 2 of our conversation with Parveen.
Speakers: Richard Norridge (https://www.herbertsmithfreehills.com/our-people/richard-norridge), Jade Hu (https://www.herbertsmithfreehills.com/our-people/jade-hu), and Parveen Bird, The Big Issue
In the latest podcast from Herbert Smith Freehills’ pension team, Rachel Pinto, Partner, is joined by Rosie Fantom, Partner at Barnett Waddingham and Uzma Nazir, Head of Origination Structuring at Pension Insurance Corporation. They discuss small to medium sized schemes and how these schemes can best prepare for transactions. In their conversation, Rachel, Rosie and Uzma cover:
• What size of scheme is considered as small or medium from an insurer's point of view; • Why the size of a scheme is important to an insurer; • What schemes can do in order to appear attractive to insurers; and • The main points to focus on when preparing for a transaction.
To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/.
To view our other pensions podcasts, including the other podcasts in this series, click here http://www.hsfnotes.com/pensions/?m=podcasts
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
Our panel discuss the 2022 Australian Federal Election, the workplace reform agenda and potential impacts on our clients.
Visit our hub: https://www.herbertsmithfreehills.com/latest-thinking/australian-federal-election-workplace-reforms
In this podcast, Tim Smith, Pensions Professional Support Consultant, is joined by Richard Smith, Pension Dashboards Consultant at the Pension & Lifetime Savings Association to discuss the industry's hopes for pension dashboards and what schemes must do to get ready. In particular, he:
• explains what dashboards are and what it is hoped they will achieve • highlights key elements of the proposed legal and regulatory framework that schemes need to be aware of • considers the key risks for schemes associated with dashboards, and • outlines what potential dashboard providers are doing to get ready for launch.
To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/.
To view our other pensions podcasts, including the other podcasts in this series, click here http://www.hsfnotes.com/pensions/?m=podcasts.
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
In episode 13, Emma and Rebekah are joined by Sebastian Moore, a partner in Herbert Smith Freehills’ London & Milan offices, to discuss Europe’s new Unified Patent Court and unitary patents.
In the latest podcast from Herbert Smith Freehills’ pension team, Rachel Pinto, Partner, is joined by Rosie Fantom, Partner at Barnett Waddingham and Matt Richards, Senior Business Development Manager at Standard Life. They discuss the reasons why some schemes may choose to do a series of bulk annuity transactions, rather than a single transaction covering all of the scheme's liabilities. In their conversation, Rachel, Rosie and Matt cover:
• Affordability and pricing • Risk profile of scheme's investments • How to get insurers' attention • Data and benefit preparation • How to tranche your scheme's liabilities • Challenges when residual risk cover is requested alongside a tranched approach
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Wilkie Hollens.
You can find links to our blogs on the cases covered in this podcast below:
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High Court finds developers did not owe duty to cryptoasset owners to enable access to lost cryptoassets https://hsfnotes.com/bankinglitigation/2022/04/19/high-court-finds-developers-did-not-owe-duty-to-cryptoasset-owners-to-enable-access-to-lost-cryptoassets/
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Court of Appeal finds Quincecare duty is not limited to corporate customers and can (in principle) extend to protecting individuals https://hsfnotes.com/bankinglitigation/2022/03/17/court-of-appeal-finds-quincecare-duty-is-not-limited-to-corporate-customers-and-can-in-principle-extend-to-protecting-individuals/
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Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholders https://hsfnotes.com/bankinglitigation/2021/08/11/privy-council-confirms-that-the-so-called-reflective-loss-principle-applies-to-ex-shareholders/
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High Court orders witness statements to be redrafted due to serious non-compliance with PD 57AC https://hsfnotes.com/litigation/2022/03/14/high-court-orders-witness-statements-to-be-redrafted-due-to-serious-non-compliance-with-pd-57ac/
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High Court orders banks to disclose documents under the Evidence (Proceedings in other Jurisdictions) Act 1975 https://hsfnotes.com/bankinglitigation/2022/03/08/high-court-orders-banks-to-disclose-documents-under-the-evidence-proceedings-in-other-jurisdictions-act-1975/
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Privy Council restatement of the law on freezing and other interim injunctions https://hsfnotes.com/litigation/2022/02/15/privy-council-restatement-of-the-law-on-freezing-and-other-interim-injunctions/
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UK: EAT orders party to disclose tribunal documents to the Press months after hearing https://hsfnotes.com/employment/2022/04/01/uk-eat-orders-party-to-disclose-tribunal-documents-to-the-press-months-after-hearing/
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Biannual Banking Litigation Update (Spring 2022) https://hsfnotes.com/bankinglitigation/2022/04/26/biannual-banking-litigation-update-spring-2022/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
Please also find the Herbert Smith Freehills legal privilege web app. https://www.herbertsmithfreehills.com/latest-thinking/the-herbert-smith-freehills-legal-privilege-web-app
In our first episode of INside Asia M&A, host China corporate head Nanda Lau talks with Tokyo partner Joseph Fisher and Johannesburg ESG and natural resources law specialist Ernst Müller why ESG has become so important to dealmaking in Asia Pacific and how ESG issues are affecting M&A in the region this year.
Joe and Ernst share examples of ESG considerations changing the nature of M&A transactions and talk more broadly about the progress of ESG in Asia.
Lastly, we take a look at what lies ahead for ESG in the remainder of 2022 and beyond in Asia Pacific.
Visit our series here: https://www.herbertsmithfreehills.com/latest-thinking/inside-asia-ma
In our latest podcast we are joined by Tim Leaver, Partner and Dave Palmer, Senior Associate in our Employment team, who are discussing TUPE and why Real Estate sector clients need to consider this in their transactions. The conversation includes: What is TUPE; under what circumstances does it apply and what are the pitfalls in not considering TUPE early in a transaction.
Speakers: Sarah Lockwood, Senior Associate, Real Estate; Tim Leaver, Partner, Employment and David Palmer, Senior Associate, Employment
In this episode, our Employment, Industrial Relations and Safety team take the wheel, with Olga Klimczak and Nerida Jessup hosting special guest, David Burroughs, Chief Mental Health Officer at Westpac. It’s an important, and lively, discussion on how organisations are shaping work and workplace culture so that our jobs are ‘good’ for our mental health. David speaks candidly about the issues corporates are grappling with and cautions against feel good programs with high visibility, low impact. For companies getting it right – giving people the opportunity to genuinely thrive - the business case is profound for a strategy that encapsulates performance, productivity and mental health. And in a podcast first, David fact checks our closing remarks – you’ll want to note down ‘psychological agility’!
James Allsop (Tokyo) and Kathryn Sanger (Hong Kong) 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.
Visit our series here: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions
This month Kristin Stammer spoke with Beck Barnett, General Counsel - Digital and Technology at Seven West Media, one of Australia’s leading media organisations. Beck discusses the progress in relation to gender inclusivity in the tech sector and opportunities to play a role and achieve change, including the importance of AI in reflecting gender diversity.
In this latest podcast from the Herbert Smith Freehills’ pension team, Mark Howard, Of Counsel, discusses the latest developments in the world of ESG with Head of Investment Proposition at Smart Pension, James Lawrence. In their conversation, Mark and James discuss:
• How Smart Pension is responding to investment in Russia after the invasion of Ukraine;
• How the trustees of the Smart Pension Master Trust are preparing for TCFD reporting;
• Smart Pension's partnership with Make My Money Matter; and
• Key developments we could be seeing over the next 18 months, both for Smart Pension and ESG investing more widely.
To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/
To view our other pensions podcasts, including the other podcasts in this series, click here: http://www.hsfnotes.com/pensions/?m=podcasts
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
Our Cross-Pollinate program is aimed at the leaders of the future, bringing together small groups of professionals across diverse industries, training and backgrounds to engage in small-group discussions on topics that matter.
Our inaugural panel discussion event held in our Sydney office on Wednesday 13 April, introduced by Amelia Burns (Solicitor, Disputes) featured Terry Davis (Chairman of Seven Group Holdings), Georgina Lalor (Co-Head of Equity Capital Markets at Macquarie Bank), with Drew Pearson (Partner, Employment) and Christine Wong (Partner, Disputes) from Herbert Smith Freehills.
Focusing on the resurgence of cartel enforcement by competition authorities as the COVID pandemic comes to an end (fingers crossed), Daniel Vowden, Adrian Brown, Agathe Esch and Pilar Carrasco discuss significant developments of key importance to businesses and their advisors. Topics covered in our latest episode include the use of innovative sanctions to punish and deter cartels, the re-emergence of dawn raids by authorities - including some first-hand, practical perspectives on adapted procedures applied during COVID - and the varying degrees of intervention witnessed in differing jurisdictions.
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.
Visit our predictions: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions
In episode 12, Emma and Rebekah discuss patent trolls, the traditional targets of patent trolling activity and the emergence of a new trend in the renewable energy space.
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.
Visit our predictions: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions
Russian Energy Sector Sanctions Measures Implemented in Response to the Crisis in Ukraine
In this mini-series, we discuss the recent sanctions measures implemented in the U.S., E.U., and U.K. as a response to the crisis in Ukraine. In this episode, Jonathan Cross, Lode Van Den Hende, Elizabeth Head, and Brittany Crosby-Banyai focus on the recent sanctions that impact the Russian energy sector.
We will continue to monitor developments in this area, and encourage you to subscribe to be kept informed of latest developments. Please contact the authors or your usual Herbert Smith Freehills contacts for more information.
In a special episode, HSF Tokyo senior associate Joel Rheuben https://www.herbertsmithfreehills.com/our-people/joel-rheuben is joined by Ryoichi Kanekohttps://www.amt-law.com/en/professionals/profile/RCK, a partner at leading Japanese law firm Anderson Mori & Tomotsune. Joel and Ryoichi discuss recent changes in merger control and foreign direct investment rules in and out of Japan that make it more difficult to predict when transactions can be subject to review by regulators. This podcast provides an overview of these changes, as well as what companies can do to deal with regulatory uncertainty.
グローバル案件における審査制度の不確実性（日本語版）
日本国内外の企業結合届出や対内直接投資の規制改革により、取引がどのような場合に規制当局の審査対象となるかの予測が困難になっています。
今回のエピソードでは、当事務所シニア・アソシエイト、ジョエル・ルーベン https://www.herbertsmithfreehills.com/our-people/joel-rheuben がアンダーソン・毛利・友常法律事務所のパートナーである金子涼一弁護士 https://www.amt-law.com/professionals/profile/RCK を特別にお招きして、今般の改革の概要と、その結果もたらされた不確実な状況に企業がどう対応するべきかについて意見を交わします。
In a special episode, HSF Tokyo senior associate Joel Rheuben https://www.herbertsmithfreehills.com/our-people/joel-rheuben is joined by Ryoichi Kaneko https://www.amt-law.com/professionals/profile/RCK, a partner at leading Japanese law firm Anderson Mori & Tomotsune. Joel and Ryoichi discuss recent changes in merger control and foreign direct investment rules in and out of Japan that make it more difficult to predict when transactions can be subject to review by regulators. This podcast provides an overview of these changes, as well as what companies can do to deal with regulatory uncertainty.
In this podcast Tim Leaver and Sian Greenley discuss the impact of endometriosis on the workforce to mark endometriosis awareness month. Endometriosis is a chronic condition that affects around 1 in 10 individuals assigned female at birth. This podcast raises awareness of the potential impact this condition can have on the workforce and the steps that employers can take to support their employees with this condition.
In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Philip Lis, a senior associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• Party entitled to rely on force majeure clause where counterparty’s parent company became subject to US sanctions https://hsfnotes.com/litigation/2022/03/21/party-entitled-to-rely-on-force-majeure-clause-where-counterpartys-parent-company-became-subject-to-us-sanctions/
• High Court orders witness statements to be redrafted due to serious non-compliance with PD 57AC https://hsfnotes.com/litigation/2022/03/14/high-court-orders-witness-statements-to-be-redrafted-due-to-serious-non-compliance-with-pd-57ac/
• Article published – Draft judgments: navigating the embargo https://hsfnotes.com/litigation/2022/03/10/article-published-draft-judgments-navigating-the-embargo/
• Privilege not lost despite opponent obtaining copies of documents in foreign proceedings https://hsfnotes.com/litigation/2022/03/23/privilege-not-lost-despite-opponent-obtaining-copies-of-documents-in-foreign-proceedings/
• First third-party debt order granted by the English High Court in relation to cryptocurrency https://hsfnotes.com/litigation/2022/03/09/first-third-party-debt-order-granted-by-the-english-high-court-in-relation-to-cryptocurrency/
• Cryptocurrency insufficient to satisfy test for security for costs https://hsfnotes.com/litigation/2022/02/17/cryptocurrency-insufficient-to-satisfy-test-for-security-for-costs/
Mel and Tim discuss a key battleground ahead of the election, climate change action, with Graham Phelan, ESG Lead for Frontier Economics. Graham takes a look back at previous election results to predict whether climate change action and the recent natural disasters will influence the 2022 election outcome – and considers if it’s time to put carbon pricing back on the agenda. Graham discusses the importance of ESG for Australia’s international competitiveness and the proactive measures being taken by businesses and financial regulators to protect the economy and environment. Lastly, we touch on the issues impacting voters’ hip pockets – inflation, interest rates, petrol and (of course) beer prices.
Partner Anthony Wood and Senior Associate Lucy Boyd have a conversation with Maurice Blackburn Principal Josh Bornstein about sexual harassment and the recent Respect@Work report. Josh has acted for plaintiffs in some of Australia’s most high profile recent sexual harassment claims. Although often on opposite sides of employment litigation matters, it might surprise some viewers that we agree on many of the matters up for discussion. A large number of our clients are already adopting best practice ‘victim-centric’ approaches to sexual harassment, with a greater emphasis on transparency and accountability.
Visit our hub: https://www.herbertsmithfreehills.com/latest-thinking/australian-federal-election-workplace-reforms
In this latest podcast from the Herbert Smith Freehills pension team, Tim Smith, our Pensions Professional Support Consultant, discusses recent developments relating to the launch of pension dashboards with Professional Support Paralegal, Olivia Kettleborough. In their conversation, Tim outlines:
• what pension dashboards are and when they will be launching • what schemes need to do to ensure they are 'dashboard ready' • the key legal issues and risks that trustees and providers need to address, and • the key data risks that schemes need to consider.
To receive future podcasts direct to your inbox subscribe: https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/
To view our other pensions podcasts, including the other podcasts in this series, click here: http://www.hsfnotes.com/pensions/?m=podcasts
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
香港民事訴訟的流程繁多，一般公司就準備訴訟（或是避免訴訟）所採取的措施或會有不同的了解。上一集本所爭議解決部兩位成員：合夥人范芷君律師（ Jojo Fan ）和王曦彤律師（ Jocelyn Heng ）介紹了香港民事訴訟的流程，這一集將與大家探討訴訟開始後要注意的事項。
• 范芷君律師 （ Jojo Fan ）, 香港爭議解決部合夥人 • 王曦彤律師 （ Jocelyn Heng ）, 香港爭議解決部律師
In the second of our Diversity and Inclusion Podcast Series, Christine Young, Hywel Jenkins and David Palmer discuss the key points for regulated firms in light of the regulators' increasing focus on diversity and inclusion.
In light of Falcons star wide receiver Calvin Ridley’s recent sports bets and subsequent punishment, Professor Mark Conrad returns to the pod to discuss a brief history of sporting participants that bet on their sport.
In this episode of our Private Wealth & Charities podcast series, Richard Norridge, Phoebe Fox and David Clarke, Chief Operating Officer (and formerly Director of Services) at the Royal National Institute of Blind People, discuss in more detail the charity's past, present and future. Part 2 of 2.
Tim and Mel discuss corporate purpose with HSF’s previous Chair and Senior Partner, James Palmer, one of the UK's leading M&A, capital markets and corporate lawyers, with deep experience in corporate governance and regulation. James explores the overall framing of ESG, and the importance of approaching company strategy with purpose and authenticity. James speaks with passion on navigating the ethical dimension of ESG issues, from “just transition” in the energy sector through to Russia’s invasion of Ukraine.
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.
Visit our predictions: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions
In this episode of our banking litigation podcast, we discuss and debate the key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Phoebe Fox.
You can find links to our blogs on the cases covered in this podcast below:
• Privy Council considers reformulated test for determining scope of duty of care owed by professional advisers https://hsfnotes.com/bankinglitigation/2021/12/15/privy-council-considers-reformulated-test-for-determining-scope-of-duty-of-care-owed-by-professional-advisers/
• High Court considers the requirement for “awareness” in implied misrepresentation claims https://hsfnotes.com/bankinglitigation/2022/02/25/high-court-considers-the-requirement-for-awareness-in-implied-misrepresentation-claims/
• High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation https://hsfnotes.com/bankinglitigation/2021/03/19/high-court-finds-that-a-claimants-awareness-of-a-representation-is-an-essential-prerequisite-to-a-claim-for-misrepresentation/
• High Court decision in first s.90A FSMA claim to reach trial https://hsfnotes.com/bankinglitigation/2022/02/22/high-court-decision-in-first-s-90a-fsma-claim-to-reach-trial/
• High Court upholds settlement agreement relating to earlier proceedings to bar counterclaim, confirming that “unknown” claims can be released https://hsfnotes.com/bankinglitigation/2021/12/16/high-court-upholds-settlement-agreement-relating-to-earlier-proceedings-to-bar-counterclaim-confirming-that-unknown-claims-can-be-released/?shared=email&msg=fail
• A counterclaiming defendant can make a valid “claimant’s” Part 36 offer https://hsfnotes.com/litigation/2022/02/02/a-counterclaiming-defendant-can-make-a-valid-claimants-part-36-offer/
• High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights https://hsfnotes.com/litigation/2022/01/26/high-court-finds-covid-19-pandemic-did-not-trigger-a-material-adverse-change-clause-in-a-contract-for-premier-league-broadcasting-rights/
• High Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights https://hsfnotes.com/litigation/2022/01/31/high-court-finds-covid-19-pandemic-amounted-to-force-majeure-event-enabling-party-to-terminate-contract-for-rugby-broadcasting-rights/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
In this episode of our Private Wealth & Charities podcast series, Richard Norridge, Phoebe Fox and David Clarke, Chief Operating Officer (and formerly Director of Services) at the Royal National Institute of Blind People, discuss David's career to date, including his various roles within the British Paralympic Association, and the work he does at RNIB. Part 1 of 2.
In this episode, Mel celebrates International Women’s Day 2022 with HSF’s Chair and Senior Partner, Rebecca Maslen-Stannage and Andrew Pike, Executive Partner for Asia and Australia. Rebecca and Andrew share some personal reflections on progress made, and remaining challenges, in achieving lasting change in the legal profession. They discuss the importance of a diverse and inclusive culture to #BreakTheBias (this year’s theme) - including the importance of acknowledging bias still exists and “calling it when you see it”.
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.
Visit our predictions: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions
Consumer sector companies that focus on the relational – rather than transactional – aspects of employee relationships will have the edge in 2022.
This webinar looks at how consumer sector companies are transforming workplace culture to meet evolving employee and customer expectations.
Many employers are planning the transition to a post-pandemic workplace. In the first Safety Leadership Series webinar for 2022 we reflected on some of the non-Covid related issues employers will need to contend with in the coming year. In other words, how do we prepare for the new normal?
Our panel of experts reflected on some of the non-Covid related issues employers will need to contend with in the coming year, including managing safety in the hybrid office workplace and for changing workforces, looking at mental health and sexual harassment as a safety issue, and lessons learned from recent case law related to contractor management.
London based Corporate Crime and Investigations Partner, Brian Spiro and South African Director, Cameron Dunstan-Smith discuss the Judicial Commission of Inquiry into Allegations of State Capture in South Africa.
Deputy Chief Justice Raymond Zondo was appointed to chair the Commission almost four years ago in January 2018. The Commission sat for more than 400 more days, interviewing 300 witnesses and yielding 75,000 pages of transcription. The first two instalments of the report have exposed systemic corruption and fraud in the public sector leading to confidence in South African institutions waning both internationally and domestically. However, the question remains will this be a game-changer for South Africa and does the government have the political will and resources to not only act upon the Commission's recommendations but to bring about radical reform that would prevent further corruption flourishing.
Speakers: Brian Spiro and Cameron Dunstan-Smith
In episode 11, Emma and Rebekah revisit a topic explored in their first podcast to discuss some recent developments around IP rights and equitable access to COVID-19 vaccines.
In the first episode for 2022, Tim and Mel are joined by Silke Goldberg, HSF’s Global Head of ESG and Climate Change practice lead. Silke embarks on some time travel to tackle the big ESG questions. After a ‘COP of two speeds’ last year, Silke asserts there is everything to play for at COP27 in Egypt this November, including investment opportunities and the final building blocks for a long-awaited global carbon market.
Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Silke.Goldberg@hsf.com
2022 is set to be another tumultuous year for Australian businesses. The ongoing pandemic and upcoming Federal Election, amongst many other things, will continue to rock the employment and industrial relations space.
Our first Employment & IR Briefing webinar for this year provided an overview of the key issues our clients need to be across for business. Partner Natalie Gaspar facilitated a panel of experts from our national Employment, Industrial Relations & Safety group as we unpacked Covid-19 and vaccinations; underpayments, compliance and the Fair Work Ombudsman; the 2022 Federal Election and the ALP and Coalition’s employment policies; and Respect@Work, #MeToo and the evolving expectations of employees.
Christine Young, David Palmer and Trainee Solicitor Abbi Foster discuss the current state of play with UK Ethnicity Pay Reporting, and what employers should be doing to prepare for mandatory reporting, should it become law.
In this episode we discuss the steady stream of challenges to project approvals and novel actions with respect to government climate policies. In particular we explore several recent key cases that are likely to have a significant impact on climate litigation risk for governments.
Speakers: Mark Smyth, Partner and Soraya Pradhan, Solicitor
In episode 10, Emma and Rebekah are joined by Kishaya Delaney, a proud Wiradjuri woman, member of the Uluru Statement Youth Dialogue and a graduate in the Sydney Herbert Smith Freehills office, to discuss the recent copyright assignment of the Aboriginal Flag. Despite Prime Minister Scott Morrison’s announcement that the Aboriginal flag has been ‘freed’ for all.
In this episode of our Private Wealth & Charities podcast series Richard Norridge, Hussein Mithani and Dr Dan Guinness (Managing Director of Beyond Equality) discuss the challenges which face Beyond Equality and explore the regulatory landscape, COVID-19, and what is on the horizon for Beyond Equality. Part 2 of 2
Speakers: Richard Norridge (https://www.herbertsmithfreehills.com/our-people/richard-norridge) and Hussein Mithani (https://www.herbertsmithfreehills.com/our-people/hussein-mithani)
Beyond Equality links: Website: https://www.beyondequality.org/ Instagram: https://www.instagram.com/beyond_equality/?hl=en
In this latest podcast in our Pensions and ESG series, Head of Responsible Investment at Royal London Asset Management (RLAM), Ashley Hamilton-Claxton joins our Pensions Professional Support Consultant, Tim Smith to discuss recent ESG developments and how Royal London and its clients are responding to these.
In this podcast, Ashley discusses:
• how the measurement of ESG related risks is evolving during what she describes as its tumultuous 'teenage years' and the challenges this presents • how RLAM is responding to the need to assess the extent to which portfolios are aligned with the Paris Agreement goals • what 'net zero' means and the limitations of net zero targets, and • practical tips for trustees who are grappling with how to implement an effective ESG risk management strategy.
To receive future podcasts in this series direct to your inbox subscribe http://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/.
To view our other pensions podcasts, including the other podcasts in this series, click here: http://hsfnotes.com/pensions/?m=podcasts.
Contacts
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
In this episode we cover managing risks in relation to climate disclosures and target-setting. In particular we discuss greenwashing, recent significant claims and what companies can do to manage litigation risk.
Speakers: Mark Smyth, Partner and Georgia Roy, Solicitor
The latest edition of our Regulation in Focus podcast series features two former regulators in conversation about operational resilience – Andrew Procter from Herbert Smith Freehills and Michael Sicsic from Sicsic Advisory. The discussion focuses on implementation of operational resilience requirements for the upcoming UK regulatory deadline of 31 March 2022.
In conversation with...
Michael is the Managing Director of Sicsic Advisory, a boutique consultancy focusing on financial services risk and regulation. He is a senior executive in the field of risk and regulation and former head of supervision for the UK general insurance retail sector at the FCA.
Andrew is a partner in the (contentious) financial services regulatory team in London. He advises multinational clients on their most important strategic regulatory and risk issues, bringing uniquely strategic judgement drawn from senior leadership roles at regulators, in-house and in private practice.
In this episode of our Private Wealth & Charities podcast series Richard Norridge, Hussein Mithani and Dr Dan Guinness (Managing Director of Beyond Equality) discuss Dan's background (including his career as a professional rugby player), how that inspired the creation of Beyond Equality, and the most recent successes of the charity. Part 1 of 2
Speakers: Richard Norridge (https://www.herbertsmithfreehills.com/our-people/richard-norridge) and Hussein Mithani (https://www.herbertsmithfreehills.com/our-people/hussein-mithani)
In the first podcast of our new Pension Disputes series, Antonia Pegden, a Senior Associate in our Disputes team, discusses the judgment handed down in the Mitchells & Butlers rectification case with Pensions Professional Support Consultant, Tim Smith. In the conversation, Antonia discusses:
• why this judgment is significant; • the merits of the bona fide purchaser defence, run for the first time in the context of a rectification claim in this case; and • the impact of the judge's findings on what constitutes effective consultation with a scheme's actuary on the validity of rule amendments.
To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/.
To view our other pensions podcasts, including the other podcasts in this series, click here http://www.hsfnotes.com/pensions/?m=podcasts.
If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.
In the latest episode of our public M&A podcast series, we discuss the trends in public M&A in 2021 and look ahead to what we can expect in 2022.
Speakers: Antonia Kirkby, Professional Support Consultant and Robert Moore, Partner
In this 12th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence, privilege and the dangers of filing court documents on the last day for service. We also cover some decisions on jurisdiction, and finally we look at a few recent cases where the courts have had to interpret force majeure and material adverse change clauses. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and James Robson, a senior associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• Another decision regarding a failure to comply with the new requirements for trial witness statements under PD 57AC https://hsfnotes.com/litigation/2022/01/25/another-decision-regarding-a-failure-to-comply-with-the-new-requirements-for-trial-witness-statements-under-pd-57ac/
• Court of Appeal decision highlights dangers of filing claim form electronically on final day for service https://hsfnotes.com/litigation/2022/01/24/court-of-appeal-decision-highlights-dangers-of-filing-claim-form-electronically-on-final-day-for-service/
• Iniquity exception to privilege does not apply just because defendant to fraud claim lies to their solicitors and the court https://hsfnotes.com/litigation/2022/01/25/iniquity-exception-to-privilege-does-not-apply-just-because-defendant-to-fraud-claim-lies-to-their-solicitors-and-the-court/
• High Court finds defendant submitted to the jurisdiction by applying for extension of time to serve defence https://hsfnotes.com/litigation/2022/01/12/high-court-finds-defendant-submitted-to-the-jurisdiction-by-applying-for-extension-of-time-to-serve-defence/
• High Court finds defendant did not submit to jurisdiction where it sought to have summary judgment application determined before stay application https://hsfnotes.com/litigation/2021/12/22/high-court-finds-defendant-did-not-submit-to-jurisdiction-where-it-sought-to-have-summary-judgment-application-determined-before-stay-application/
• High Court finds submission to jurisdiction no bar to staying English proceedings in favour of Thai proceedings following change in circumstances https://hsfnotes.com/litigation/2022/01/05/high-court-finds-submission-to-jurisdiction-no-bar-to-staying-english-proceedings-in-favour-of-thai-proceedings-following-change-in-circumstances/
• Court of Appeal confirms buyer entitled to repayment of advance where seller failed to deliver diesel due to force majeure https://hsfnotes.com/litigation/2022/01/11/court-of-appeal-confirms-buyer-entitled-to-repayment-of-advance-where-seller-failed-to-deliver-diesel-due-to-force-majeure/
• High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights https://hsfnotes.com/litigation/2022/01/26/high-court-finds-covid-19-pandemic-did-not-trigger-a-material-adverse-change-clause-in-a-contract-for-premier-league-broadcasting-rights/
• High Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights https://hsfnotes.com/litigation/2022/01/31/high-court-finds-covid-19-pandemic-amounted-to-force-majeure-event-enabling-party-to-terminate-contract-for-rugby-broadcasting-rights/
Speakers: Anna Pertoldi, Partner https://www.herbertsmithfreehills.com/our-people/anna-pertoldi
Maura McIntosh, Professional Support Consultant https://www.herbertsmithfreehills.com/our-people/maura-mcintosh
James Robson, Senior Associate https://www.herbertsmithfreehills.com/our-people/james-robson
In this episode we explain the differences between Scope 1, Scope 2 and Scope 3 emissions and different challenges within each category.
Speakers: Jannis Bille, Associate and Tihomir Svilanovic, Trainee Solicitor
In our latest podcast on diversity in pensions, David Fairs, Executive Director for Regulatory Policy, Analysis and Advice at The Pensions Regulator discusses the Pension Regulator's Equality, Diversity and Inclusion Strategy with Pensions Partner and Head of Employment, Pensions and Incentives, Samantha Brown. During the conversation, David shares:
• steps the Regulator expects trustees to be taking to promote greater diversity on their boards;
• what actions the Regulator will take if schemes don't take these actions;
• steps the Regulator is taking to promote greater diversity and inclusion internally; and
• what success would look like in terms of achieving greater diversity and inclusion both within TPR and within the pensions industry.
To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog. www.hsfnotes.com/pensions/subscribe/
To view our other pensions podcasts, including the other podcasts in this series, click here: www.hsfnotes.com/pensions/?m=podcasts
In this episode of our Public Law Podcast, we detail our thoughts on the Government's proposed replacement of the Human Rights Act 1998 with a Bill of Rights.
Don’t forget to subscribe to the channel to receive updates on future episodes.
Speakers: Andrew Lidbetter, Nusrat Zar and Jasveer Randhawa
In this episode Mel Debenham breaks down climate change in environmental impact assessment. She covers where environmental impact assessment obligations arise, what kind of considerations are relevant to climate change, and the lexicon and concepts that might be relevant during assessment. Finally, Mel explains what regulatory outcomes and what sort of conditions and implementation requirements we are seeing.
In this episode Ben Rubinstein will talk about greenwashing. He is breaking down what it is, why greenwashing is a big deal and outline some practical tips of how to avoid engaging in greenwashing.
In this episode we will explain the meaning of certain terms used in relation to climate commitments. In particular, we highlight the differences between climate neutral and carbon neutral, net-zero emissions and net-zero carbon emissions, as well as absolute zero.
Speakers: Jannis Bille, Associate and Zoe Asher, Trainee Solicitor
In the latest episode in our public M&A podcast series, we discuss the National Security & Investment Act – the new regime which gives the UK government powers to screen and block acquisitions and investments on national security grounds – and the impact for public M&A practitioners.
In episode 9, Emma and Rebekah are joined by members of the HSF Australian IP team to discuss their reflections on 2021 and expectations for the year ahead, and beyond, for IP in Australia.
香港民事訴訟的流程繁多，公司就準備訴訟（或是避免訴訟）所採取的措施或會有不同的了解。在這一集中，本所爭議解決部兩位成員：合夥人范芷君律師 (Jojo Fan)和王曦彤律師(Jocelyn Heng) 將帶領大家回到起點，解構香港民事訴訟的流程，讓大家有充分和全面的認知, 同時分析公司内部在處理訴訟時需要注意的地方。
• 范芷君律師 (Jojo Fan), 香港爭議解決部合夥人 • 王曦彤律師 (Jocelyn Heng), 香港爭議解決部律師
In this final episode for 2021, some very special guest hosts take the wheel! Barbie-Lee Kirby, Responsible Business & First Nations Engagement Executive and Allira Jeffery, HSF Graduate discuss Wiyi Yani U Thangani (Women's Voices): Securing our Rights, Securing our Future, a once in a generation report led by the Aboriginal and Torres Strait Islander Social Justice Commissioner, June Oscar AO. Charlee-Sue Frail is an advisor to the commission and shares her experiences in the development of the report and capturing and responding to the rights, needs and aspirations of First Nations women and girls.
Charlotte Dyer, an Of Counsel in the HSF London Planning Team, chats with Fiona Sawyer, the Professional Support Lawyer for the team, about the impact that the built environment can have on diversity and inclusion, and the role that the planning system, developers and planning professionals can play in promoting and sustaining diversity and inclusion in communities.
With Brussels and Downing Street at loggerheads our podcast assesses the prospects for "no deal" in 2022.
Paul Butcher, Director of Public Policy and previously Brexit Director, talks to Eric White, Consultant in our Brussels office, who spent over 30 years until 2016 in the European Commission's Legal Service where, amongst other things, he led the Trade Policy and WTO team. Discussion includes:
• What the current disagreement between the EU and UK is about; • What the UK is threatening to do if its demands are not satisfied; • What the EU might do in response – and how that might put us back into a Groundhog Day potential 'no-deal' scenario again before this time next year; and • Why concerns over consent in Northern Ireland mean the EU might be willing to move further on these issues than they otherwise would have.
In this special edition of our banking litigation podcast, we consider some key issues on the topic of privilege that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by Ceri Morgan, a Professional Support Consultant in our banking litigation team, and guests Claire Nicholas and Benedicte Perowne.
You can find links to our blogs on the cases covered in this podcast below:
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High Court applies narrow interpretation of “client” for purposes of legal advice privilege https://hsfnotes.com/litigation/2016/12/08/high-court-applies-narrow-interpretation-of-client-for-purposes-of-legal-advice-privilege/
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Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for now https://hsfnotes.com/litigation/2018/09/05/court-of-appeal-decision-in-enrc-orthodoxy-restored-on-litigation-privilege-but-narrow-interpretation-of-client-remains-for-now/
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Information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege https://hsfnotes.com/litigation/2018/11/07/information-gathering-in-house-lawyer-not-protected-privilege/
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Impact of Court of Appeal’s privilege decision in Sports Direct v FRC for the financial services sector https://hsfnotes.com/bankinglitigation/2020/02/19/impact-of-court-of-appeals-privilege-decision-in-frc-v-sports-direct-for-the-financial-services-sector/
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High Court holds auditor must form its own view on client’s claim to privilege when responding to its regulator’s notice to produce documents https://hsfnotes.com/litigation/2020/06/15/high-court-holds-auditor-must-form-its-own-view-on-clients-claim-to-privilege-when-responding-to-its-regulators-notice-to-produce-documents/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
Please also find the Herbert Smith Freehills legal privilege web app. https://www.herbertsmithfreehills.com/latest-thinking/the-herbert-smith-freehills-legal-privilege-web-app
In this episode, Mel and Tim are joined by expert third wheel guest, Olga Klimczak, Executive Counsel, Employment, IR and Safety for Herbert Smith Freehills. Olga discusses the various parliamentary inquiries underway including sexual harassment and bullying in Australia’s parliament, sexual harassment against women in WA’s FIFO mining industry and the underpayment and job security inquiries – issues that are sure to come into sharp focus ahead of the federal election. Olga highlights the key areas to watch, and in particular any potential flow on impact for company policies and procedures. Mel also discusses the significant changes to Aboriginal Cultural Heritage management and some critical next steps.
Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Olga.Klimczak@hsf.com
In this latest podcast in our Pension Schemes Act 2021 Soundbite series, Senior Associate, Philip Lis from our restructuring and insolvency team, joins Professional Support Consultant, Tim Smith, to discuss the impact the new pensions criminal offences and regulatory sanctions are having on corporate restructuring and insolvencies where a company or group has a defined benefit (DB) pension fund.
In particular, Philip shares his views on:
• how the new offences and regulatory sanctions and the Pensions Regulator's guidance are likely to impact the approach to restructuring and insolvency processes • what practical steps stakeholders can take to mitigate the risks associated with these new sanctions; and • how these sanctions interact with directors' general legal duties.
For more analysis on how these new offences and regulatory sanctions may impact corporate activity check out:
• Our recent blog - New pensions criminal offences and regulatory sanctions now in force https://hsfnotes.com/pensions/2021/10/01/new-pensions-criminal-offences-and-regulatory-sanctions-now-in-force/ • Our UK Pensions Regulation https://www.herbertsmithfreehills.com/latest-thinking/hubs/uk-pension-regulation
Join Jojo Fan in Hong Kong, Benjamin Rubinstein in New York, Mark Smyth in Sydney and Sousan Gorji in London as they discuss greenwashing in the banking sector.
Read more insights in our Global Bank Review here: https://www.herbertsmithfreehills.com/insight/2021-global-bank-review-%E2%80%93-esg-creating-a-purposeful-future
In the CHRISTMAS SPECIAL edition of our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Scott Warin.
You can find links to our blog posts on the cases covered in this podcast below:
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Supreme Court finds claim for compensation under data protection legislation cannot proceed on “opt-out basis” in high profile Lloyd v Google case https://hsfnotes.com/litigation/2021/11/10/supreme-court-finds-claim-for-compensation-under-data-protection-legislation-cannot-proceed-on-opt-out-basis-in-high-profile-lloyd-v-google-case/
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High Court upholds contractual terms setting out basis of relationship in dismissing breach of duty claim relating to introduction to third party investment schemes https://hsfnotes.com/bankinglitigation/2021/10/28/high-court-upholds-contractual-terms-setting-out-basis-of-relationship-in-dismissing-breach-of-duty-claim-relating-to-introduction-to-third-party-investment-schemes/
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High Court considers whether onerous term in standard terms incorporated by reference https://hsfnotes.com/bankinglitigation/2021/10/20/high-court-considers-whether-onerous-term-in-standard-terms-incorporated-by-reference/
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High Court considers implied terms and “failure of basis” in context of COVID-19 pandemic https://hsfnotes.com/bankinglitigation/2021/10/12/high-court-considers-implied-terms-and-failure-of-basis-in-context-of-covid-19-pandemic/
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COVID-19 market disclosures and managing the associated litigation risks https://hsfnotes.com/bankinglitigation/2021/10/21/covid-19-market-disclosures-and-managing-the-associated-litigation-risks/
Don't forget to subscribe to the banking litigation blog: https://hsfnotes.com/bankinglitigation/subscribe/
Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Scott Warin (Associate)
In this latest briefing, which was designed to help frame employers' thinking around hybrid working, our panel of experts explored employee sentiment for hybrid and blended working, and discussed some the key elements of a successful work-from-home strategy.
This podcast briefing is also available to watch as a video, which you can access here:https://www.herbertsmithfreehills.com/latest-thinking/australian-employment-industrial-relations-and-safety-webinars
Sustainability and Competition law: The 'usual suspects' and first mover disadvantage
Focusing on Sustainability and Competition Law, Marcel Nuys, Florian Huerkamp and Camille Puech-Baron explore a topic near to, if not at the top of the current competition law agenda. They highlight why this so-called 'hipster antitrust' is an increasingly important priority for competition authorities, as various jurisdictions try and find the balance between maintaining a competitive landscape and contributing to ambitious sustainability goals. Topics covered include how antitrust and sustainability cooperation may come into conflict, first mover disadvantage, the evolution of the role of competition law as an enabler rather than an obstacle to the development of green technologies and products, and other related aspects of the European Green Deal.
In episode 8, Emma and Rebekah discuss non-human creators in different types of IP and a world first decision allowing AI to be an inventor of a patent.
In this 11th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence and relief from sanctions, and give a very brief update on the disclosure pilot. We also cover some decisions on jurisdiction and pleading foreign law, including an important Supreme Court decision, and finally we look at the Supreme Court's recent decision in Lloyd v Google which has significant implications for data class actions. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Amel Fenghour, a senior associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• High Court gives guidance on new requirements for trial witness statements https://hsfnotes.com/litigation/2021/10/25/high-court-gives-guidance-on-new-requirements-for-trial-witness-statements/
• Further guidance on new requirements for trial witness statements under Practice Direction 57AC https://hsfnotes.com/litigation/2021/11/22/further-guidance-on-new-requirements-for-trial-witness-statements-under-practice-direction-57ac/
• Court of Appeal refuses extension of time to plead dates of damage in claims arising out of oil spill, meaning some 28,000 claims cannot proceed https://hsfnotes.com/litigation/2021/11/08/court-of-appeal-refuses-extension-of-time-to-plead-dates-of-damage-in-claims-arising-out-of-oil-spill-meaning-some-28000-claims-cannot-proceed/
• Changes to Disclosure Pilot take effect today https://hsfnotes.com/litigation/2021/11/01/changes-to-disclosure-pilot-take-effect-today/
• Jurisdiction clause in insurance policy confers exclusive jurisdiction despite no express words to that effect https://hsfnotes.com/litigation/2021/10/27/jurisdiction-clause-in-insurance-policy-confers-exclusive-jurisdiction-despite-no-express-words-to-that-effect/
• High Court finds defendant did not submit to the jurisdiction by applying for strike out at the same time as challenging jurisdiction https://hsfnotes.com/litigation/2021/10/07/high-court-finds-defendant-did-not-submit-to-the-jurisdiction-by-applying-for-strike-out-at-the-same-time-as-challenging-jurisdiction/
• Supreme Court confirms wide interpretation of “damage” for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims https://hsfnotes.com/litigation/2021/10/21/supreme-court-confirms-wide-interpretation-of-damage-for-the-purposes-of-the-common-law-jurisdictional-gateway-for-tort-claims-and-clarifies-when-english-law-may-apply-to-foreign-law-claims/
• Supreme Court finds claim for compensation under data protection legislation cannot proceed on “opt-out basis” in high profile Lloyd v Google case https://hsfnotes.com/litigation/2021/11/10/supreme-court-finds-claim-for-compensation-under-data-protection-legislation-cannot-proceed-on-opt-out-basis-in-high-profile-lloyd-v-google-case/
Speakers: Anna Pertoldi, Partner https://www.herbertsmithfreehills.com/our-people/anna-pertoldi Maura McIntosh, Professional Support https://www.herbertsmithfreehills.com/our-people/maura-mcintosh Amel Fenghour, Senior Associate https://www.herbertsmithfreehills.com/our-people/amel-fenghour
As we enter dividend season Pensions Partner, Rachel Pinto, joins Professional Support Consultant, Tim Smith, to discuss how directors should approach decisions over the payment of dividends in light of the new pensions criminal offences and regulatory sanctions. In particular, Rachel shares her views on:
• what directors need to be aware of in terms of the Pensions Regulator's new powers this dividend season • how this changes the way directors of companies and groups with DB schemes should approach decisions regarding the payment of dividends, and • other circumstances in which directors need to be alive to these new offences and regulatory sanctions.
For more analysis on how these new offences and regulatory sanctions may impact corporate activity check out:
• our recent blog - New pensions criminal offences and regulatory sanctions now in force (https://hsfnotes.com/pensions/2021/10/01/new-pensions-criminal-offences-and-regulatory-sanctions-now-in-force/) • our UK pensions regulatory hub (https://www.herbertsmithfreehills.com/latest-thinking/hubs/uk-pension-regulation).
In this episode, Tim and Mel are joined by expert third wheel guest, Lewis McDonald, Global Head of Energy for Herbert Smith Freehills. Fresh from presenting at the 12th Annual Sustainable Innovation Forum (SIF) which took place alongside COP26 in Glasgow, Lewis observes the number of zeros committed to net zero, at least $133 trillion as announced by Mark Carney’s Glasgow Financial Alliance. He asserts that the real challenge is creating enough investable net zero projects for the money – through a public / private blend of government support to achieve scale and efficiencies, and the legal mechanisms to make novel projects work.
Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Lewis.McDonald@hsf.com
As digital platforms continue to grow in influence and importance across economies around the world, competition law regulators around the world are turning their sights on various practices that are common in the digital sector. In this episode of Unbundling Competition, senior associate Howard Chan and Herbert Smith Freehills Kewei Law Firm partner Frances Xu consider potentially problematic pricing practices on digital platforms, including recent updates from China.
Asia Head of Competition Adelaide Luke and Tokyo senior associate Joel Rheuben discuss the increasingly significant role that data plays in merger control analysis by competition authorities worldwide. Analysis of data as a factor of competition is being examined not only in deals involving large digital platforms, but also in more traditional sectors, as companies seek to monetise data they produce and use data analytics to gain an edge over their competitors. However, the unique characteristics of data create challenges when considering it through a conventional competition law lens.
Asia Head of Competition Adelaide Luke and Australia senior associate Patrick Clark discuss how competition authorities approach digital platforms, the new and unique competition concerns that authorities might identify with those businesses, and the global trend to develop innovative regulatory responses.
Featuring experts from across our global network, hear from partners Andrew Procter (London), Hannah Cassidy (Hong Kong), Charlotte Henry and Peter Jones (Sydney), and Merryn Quayle & Harry Edwards (Melbourne.)
In this session, and provide an overview of the Australian regulator’s expectations of regulated Australian financial services entities, including in relation to information and cybersecurity, a summary of the UK/European/Hong Kong and Singaporean regulatory positions which we expect to trickle down to Australia, some practical tips on approaches to regulatory investigations in the event of a critical systems failure (eg cyber or ransomware attack), and finishes with an overview of the trend towards targeted ransomware demands, and the legality of those payments in Australia.
This podcast briefing is also available to watch as a video, which you can access here: https://www.herbertsmithfreehills.com/latest-thinking/spotlight-on-operational-resilience-%E2%80%93-global-insights
This month Fatema Fathnezhad, Group VP Legal at Virgin Mobile (Middle East & Africa) was interviewed by Janine Mallis, providing her views on the importance of mentorship, equal opportunities and a flexible and open culture in the workplace. She also discusses the conflicting challenges that many women face in the industry and the importance of having good role models and a network of both female and male allies.
Part 3 – Discussion Around Challenges to Digital Transformation in Japan.
In Part 3 of this podcast series on Digital Transformation, Yosuke Homma from Herbert Smith Freehills' Tokyo office (a member of HSF's Digital Law Group) is joined by Atsushi Okada, a partner at Mori Hamada & Matsumoto to discuss some of the recent changes to the legal and regulatory framework in Japan that may be relevant for digital transformation, some Japan specific challenges to implementing digital transformation projects, and the trends we may see as digital transformation gathers pace in Japan.
Atsushi Okada is a partner at Mori Hamada & Matsumoto. His principal practice areas are intellectual property, information technology, data protection and cybersecurity. He was educated at the University of Tokyo and Harvard Law School. He serves as a member of the Board of Examiners, Industrial Property Council of Japan Patent Office and also as a member of the committee (and the chair of a working group) on AI and data contract guidelines for the Japanese government (METI). He is co-head of the firm’s data security, healthcare, fintech and robotics practices. He is recognised in Chambers Global, Chambers Asia-Pacific, The Legal 500: Asia Pacific, Best Lawyers in Japan, Asialaw Leading Lawyers, IAM Patent 1000, IAM Global Leaders and Nikkei’s ‘Most Successful Lawyers in 2019’.
In this episode of our Private Wealth & Charities podcast series Richard Norridge, Rebecca Perlman and Joss Saunders, General Counsel for Oxfam, discuss the changing regulatory landscape for charities, trends in the sector and Joss's advice for charity lawyers. Part 2 of 2
Part 2 – Introduction to Digital Transformation in Japan.
In Part 2 of this podcast series on Digital Transformation, Yosuke Homma from Herbert Smith Freehills' Tokyo office (a member of HSF's Digital Law Group) is joined by Atsushi Okada, a partner at Mori Hamada & Matsumoto to discuss Japan's recent public and private sector push for digital transformation.
Atsushi Okada is a partner at Mori Hamada & Matsumoto. His principal practice areas are intellectual property, information technology, data protection and cybersecurity. He was educated at the University of Tokyo and Harvard Law School. He serves as a member of the Board of Examiners, Industrial Property Council of Japan Patent Office and also as a member of the committee (and the chair of a working group) on AI and data contract guidelines for the Japanese government (METI). He is co-head of the firm’s data security, healthcare, fintech and robotics practices. He is recognised in Chambers Global, Chambers Asia-Pacific, The Legal 500: Asia Pacific, Best Lawyers in Japan, Asialaw Leading Lawyers, IAM Patent 1000, IAM Global Leaders and Nikkei’s ‘Most Successful Lawyers in 2019’.
Part 1 - The key considerations and common issues that arise.
In Part 1 of this podcast series on Digital Transformation in Japan, Yosuke Homma from Herbert Smith Freehills (HSF) Tokyo office (a member of HSF's Digital Law Group) hosts Natasha Blycha (Global Head of Digital Law) and Susannah Wilkinson (Digital Law Lead APAC) to discuss the common issues that arise in the digital transformation journey for our client organisations – for the business as well as for their internal legal functions.
Recorded date: 19 August 2021
In episode 7, Emma and Rebekah discuss patent term extensions, why we have them and why there has been a flurry of recent activity in the Federal Court.
In this episode, Mel and Tim are joined by expert third wheel guest, Brooke Massender, Global Head of Pro Bono for Herbert Smith Freehills. Brooke discusses how ESG could be the roadmap that makes corporate purpose more meaningful - and why ESG is different this time around. Recorded on the cusp of the Australian Reconciliation Convention, she shares her optimism around cultural competency in organisations, and the need for increased representation of First Nations voices where decisions are being made anywhere and everywhere in Australia. Brooke closes with some practical tips for those prepared to move ‘from safe to brave’ – and the importance of asking uncomfortable questions.
Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Brooke.Massender@hsf.com
Wider forces have wreaked havoc in global energy markets in 2021, but UK policy has caused additional complications in the UK. In this podcast Paul Butcher, Director of Public Policy looks at:
• some of the UK specific factors that have exacerbated the crisis, including: - greater reliance on wind - and the role Brexit has played • the implications of the UK's unusually competitive energy supply market in the context of: - the 22 energy suppliers that have gone bankrupt so far this year; - the Default Tariff Cap for consumers; and the - supplier of last resort regime.
Paul also discusses the first big matter he worked on as a trainee in our energy group back in 2002 – the administration of a very large UK based energy company - and some of the lessons that that has for today's crisis.
Rhianydd Griffith of Federated Hermes, Senior Vice President within Hermes Infrastructure, interviews Jannis Bille about Herbert Smith Freehills' ESG & climate practice.
Jannis Bille speaks to Joanne Jolly, General Counsel & Company Secretary for Insurance and Wealth at Lloyds Banking Group
Jannis Bille speaks to Rhianydd Griffith, Senior Vice President, Infrastructure Investment, Hermes Investment.
In this episode on collaboration disputes, we explore some of the common areas where we have seen disputes arise when entering into IP and tech collaborations and why collaboration disputes are becoming so prevalent. We look at how clients can navigate the following key issues:
• Compliance by the collaborating parties with their contractual obligations • How to handle and exchange confidential information within a collaboration • Disputes around provisions on ownership or rights to use IP • Foreground and background IP – who brings what to the collaboration and who can retain/take/use what when it comes to an end • Termination of collaborations and the disputes arising from this
Gain timely updates and key takeaways from legal experts attending COP26 and the Sustainable Innovation Forum. As business leaders convene to make net zero a reality, we discuss the areas of policy and regulation that will see substantive progress and the challenges and opportunities this presents for global industries.
Jannis Bille talks to Sarah Pollock, a Partner in our Global Energy Team.
Jannis Bille speaks to Matthew White, Head of Planning in London and one of the lead Partners for the Real Estate Sector.
Jannis Bille speaks to Laura Hulett, a Partner in our Energy & Natural Resources division.
Jannis Bille speaks to Jaideep Sandhu, Chief Technology Officer, Renewables Global Business Unit at ENGIE
Gain timely updates and key takeaways from legal experts attending COP26 and the Sustainable Innovation Forum. As business leaders convene to make net zero a reality, we discuss the areas of policy and regulation that will see substantive progress and the challenges and opportunities this presents for global industries.
Jannis Bille talks to Lewis McDonald, our Global Head of Energy.
Lewis McDonald, Global Head of Energy speaks to Gillian Harrison, CEO of Whitefox Technologies Ltd.
In this podcast Paul Butcher, Director of Public Policy looks at:
• the unprecedented nature of the current situation for natural gas, coal and electricity • the consequences we are seeing for industry and consumers • what caused the crisis, including: - the 'series of unfortunate events' - the surprising consequences of the pandemic and new ways of working - geopolitics
The discussion ends with what Paul argues is the main underlying cause that has allowed the other factors to be decisive: policymakers have left us in energy limbo rather than energy transition.
Speakers: Paul Butcher, Director of Public Policy, Herbert Smith Freehills and Mike Petrook, Herbert Smith Freehills
In this episode, Tim and Mel are joined by expert third wheel guest, Dr Cameron Kelly, head of the Legal, Governance and Secretariat team at the Australian Renewable Energy Agency. Dr Kelly discusses Australia’s role in the global hydrogen economy, renewable technologies of the not too distant future and the role of micro-grids in delivering not only environmental, but social benefits for regional communities.
Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com
In this episode of our Private Wealth & Charities podcast series Richard Norridge, Rebecca Perlman and Joss Saunders discuss Joss's route to General Counsel for Oxfam, the legal set-up at Oxfam and the biggest legal challenges faced by the charity. Part 1 of 2
In this episode, Mel and Tim are joined by expert third wheel guest, Mark Smyth, a partner in our litigation practice advising companies in relation to environmental, climate change and ESG issues, including responding to shareholder activism and defending ESG litigation. Mark shares the litigation themes he is seeing regionally and globally, including regulatory movements on greenwashing and the latest activity in the Federal Court regarding Environment Minister v Sharma case.
Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Mark.Smyth@hsf.com
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Harriet Tolkien.
You can find links to our blog posts on the cases covered in this podcast below:
- Supreme Court clarifies requirements for tort of lawful act economic duress https://hsfnotes.com/litigation/2021/08/19/supreme-court-clarifies-requirements-for-tort-of-lawful-act-economic-duress/
- Court of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6 https://hsfnotes.com/litigation/2021/10/01/court-of-appeal-confirms-claims-seeking-remediation-for-damage-to-land-allegedly-caused-by-oil-spill-cannot-proceed-as-representative-action-under-cpr-19-6/
- Banking Litigation Podcast Episode 20: Monthly Update - August 2020 https://hsfnotes.com/bankinglitigation/2020/08/12/banking-litigation-podcast-episode-20-monthly-update-august-2020/
- Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholders https://hsfnotes.com/bankinglitigation/2021/08/11/privy-council-confirms-that-the-so-called-reflective-loss-principle-applies-to-ex-shareholders/
- High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot https://hsfnotes.com/bankinglitigation/2021/08/16/high-court-finds-accountants-investigation-report-not-protected-by-litigation-privilege-and-considers-requirements-for-obtaining-disclosure-under-the-disclosure-pilot/
- The Herbert Smith Freehills Legal Privilege Web App https://www.herbertsmithfreehills.com/latest-thinking/the-herbert-smith-freehills-legal-privilege-web-app
- Disclosure Pilot to be extended for a further year and the procedures streamlined https://hsfnotes.com/litigation/2021/07/29/disclosure-pilot-to-be-extended-for-a-further-year-and-the-procedures-streamlined/
- The UK’s LIBOR safe harbour legislation: a missed opportunity? https://hsfnotes.com/bankinglitigation/2021/09/08/uks-libor-safe-harbour-legislation-a-missed-opportunity/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
During this session our diverse group of panellists, including representatives from the ACCC, Telstra and Choice, explored the impact of the ACL on corporate Australia, the role of enforcement as compared to other forms of regulatory persuasion, the management of ACL risks within a large organisation, the interaction between the ACL, ACCC enforcement and consumer class actions as well as anticipated changes to the ACL expected in the coming 12 months, including changes to the Unfair Contract Terms regime.
Moderated by Linda Evans, Regional Head of Practice (CRT) Australia, who was joined by:
Delia Rickard, Deputy Chair, Australian Competition & Consumer Commission Michael Ackland, Group Executive, Consumer and Small Business, Telstra Erin Turner, Director - Campaigns & Communications, Choice Patrick Gay, Partner, Herbert Smith Freehills
This podcast briefing is also available to watch as a video, which you can access here: https://www.herbertsmithfreehills.com/latest-thinking/australian-consumer-law-10-years-old-and-really-growing-up
In this episode of our Private Wealth & Charities podcast series Richard Norridge, Matteo Yoon and Dr Rebekah Delsol, Trustee of charity StopWatch, continue discussing the charity's past, present and future. StopWatch can be found here: https://www.stop-watch.org/. Part 2 of 2
In this episode, Tim and Mel are joined by two representatives from the Human Rights Resources and Energy Collaborative, Shaeron Yapp (South32) and Gemma Wilford (Fortescue Metals), who talk about practical approaches to implementing human rights diligence and remediation in significant global businesses.
Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com
Following the launch of the Future of Work Report 2021: Remote/Controlled, Barbara Roth and Tyler Hendry sit down to discuss the Future of Work in the US and the rise of ESG and employee activism following #metoo, Black Lives Matter and the Covid-19 pandemic.
Speakers: Barbara Roth, Partner, Employment and Tyler Hendry, Senior Associate, Employment, Herbert Smith Freehills
In this episode of our Private Wealth & Charities podcast series Richard Norridge, Matteo Yoon and Dr Rebekah Delsol, Trustee of charity StopWatch, continue discussing the charity's past, present and future. StopWatch can be found here: https://www.stop-watch.org/. Part 1 of 2
Speakers: Matteo Yoon (https://www.herbertsmithfreehills.com/our-people/matteo-yoon), Richard Norridge (https://www.herbertsmithfreehills.com/our-people/richard-norridge) and Dr Rebekah Delsol, Trustee of charity StopWatch
Impact of Crypto on Sanctions and AML Laws in the United States. John O’Donnell, Jonathan Cross, and Steve Jacobs discuss the significant impact that the rise of crypto has had, and is likely to have going forward, on sanctions and AML laws in the United States.
In the second episode of our podcast series, Mel and Tim are joined by their expert third wheel guest, Antony Crockett, partner in our Hong Kong office. He leads HSF’s global Business and Human Rights practice and is a member of the firm's ESG leadership group. Antony shares with our hosts what ESG means to him, mandatory ESG due diligence developments in the EU and Human Rights due diligence, along with some practical tips.
Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Antony.Crockett@hsf.com
In this first episode of our Australian ESG podcast Tim and Mel are joined by their inaugural third wheel, Herbert Smith Freehills CEO, Justin D’Agostino. Justin discusses what ESG means to him, how the firm approaches ESG as well as what he sees in the broader business community.
Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com
In this 10th episode of our series of commercial litigation update podcasts, we give an update on recent developments relating to privilege, the disclosure pilot, representative actions, and two recent Supreme Court decisions on liquidated damages and lawful act economic duress respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Sam Heitlinger, an associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• Our new legal privilege client tool https://hsfnotes.com/litigation/2021/09/15/our-new-legal-privilege-client-tool/ • Privilege not lost despite opponent having wholesale access to email accounts containing the privileged material https://hsfnotes.com/litigation/2021/07/29/privilege-not-lost-despite-opponent-having-wholesale-access-to-email-accounts-containing-the-privileged-material/ • High Court orders disclosure of lawyer’s attendance note alluded to in claimant’s witness statement https://hsfnotes.com/litigation/2021/08/25/high-court-orders-disclosure-of-lawyers-attendance-note-alluded-to-in-claimants-witness-statement/ • High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot https://hsfnotes.com/bankinglitigation/2021/08/16/high-court-finds-accountants-investigation-report-not-protected-by-litigation-privilege-and-considers-requirements-for-obtaining-disclosure-under-the-disclosure-pilot/ • Disclosure Pilot to be extended for a further year and the procedures streamlined https://hsfnotes.com/litigation/2021/07/29/disclosure-pilot-to-be-extended-for-a-further-year-and-the-procedures-streamlined/ • Court of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6 https://hsfnotes.com/litigation/2021/10/01/court-of-appeal-confirms-claims-seeking-remediation-for-damage-to-land-allegedly-caused-by-oil-spill-cannot-proceed-as-representative-action-under-cpr-19-6/ • Supreme Court restores orthodox approach to liquidated damages for delay where work never completed https://hsfnotes.com/litigation/2021/07/30/supreme-court-restores-orthodox-approach-to-liquidated-damages-for-delay-where-work-never-completed/ • Supreme Court clarifies requirements for tort of lawful act economic duress https://hsfnotes.com/litigation/2021/08/19/supreme-court-clarifies-requirements-for-tort-of-lawful-act-economic-duress/
In the latest episode in our public M&A podcast series, we look back at one of the most active summers in the public M&A markets in some time. In particular we discuss the high profile competitive situations, and the auction processes that they have led to, and some of the hostile activity we have seen.
Speakers: Antonia Kirkby, Professional Support Lawyer and Stephen Wilkinson, Partner
On this episode, host Steve Jacobs is joined by John Ho (Head of Legal, Financial Markets, Standard Chartered Bank) to discuss the latest developments in the world of blockchain, cryptocurrency and distributed ledger technology. Topics include Central Bank Digital Currencies (CBDCs), Non-Fungible Tokens (NFTs), and the imminent wave of significant regulation coming in the United States.
FCA's regulatory decision-making proposals - faster and less costly, but at what price?
The latest edition of our Regulation in Focus podcast series features Karen Anderson and Andrew Procter, both partners in our FSR practice and both former regulators, in conversation about the FCA's plans to streamline regulatory decision-making, which - if the FCA proceeds as proposed - will be a significant change to how authorisation, supervision and enforcement are delivered. Karen and Andrew review the arguments which led to the establishment of the Regulatory Decisions Committee to provide independent administrative decision-making. They then outline the FCA's plans for change and discuss whether the regulator has a strong case.
Speakers: Karen Anderson (Partner) and Andrew Procter (Partner)
Digitalisation Challenges in Singapore
In part 3 of this podcast series on digital transformation, Kenneth Lo and Harry Evans from Herbert Smith Freehills (HSF) Singapore office (members of HSF's Digital Law Group) discuss the digitalisation challenges in Singapore.
Tune in to find out what digitalisation challenges to look out for and also learn about how to make your company's digital journey smoother.
Singapore's Public & Private Sector push for Digital Transformation and Impact of Digitalisation in Singapore
In part 2 of this podcast series on digital transformation, Kenneth Lo and Harry Evans from Herbert Smith Freehills (HSF) Singapore office (members of HSF's Digital Law Group) discuss Singapore's public and private sector push for digital transformation. They further discuss whether the take up or impact of digitalisation has been particularly positive.
Tune in to learn about how your company can benefit from digitalisation.
Part 1 - The key considerations and common issues that arise. In Part 1 of this podcast series on Digital Transformation, Yosuke Homma from Herbert Smith Freehills (HSF) Tokyo office (a member of HSF's Digital Law Group) hosts Natasha Blycha (Global Head of Digital Law) and Susannah Wilkinson (Digital Law Lead APAC) to discuss the common issues that arise in the digital transformation journey for our client organisations – for the business as well as for their internal legal functions.
In the latest episode of our Public Law Podcast, Andrew Lidbetter and Nusrat Zar are once again joined by Vikram Sachdeva QC of 39 Essex. They consider the implications of the Judicial Review and Courts Bill introduced into Parliament in July. This podcast follows on from our episode earlier this year which covered the Government's consultation on judicial review, in particular from HSF's experience of judicial review across many different sectors. That episode can be found below.
You can read more about the issues discussed in this episode in the following blog posts:
• Government introduces the Judicial Review and Courts Bill into Parliament https://hsfnotes.com/publiclaw/2021/07/23/government-introduces-the-judicial-review-and-courts-bill-into-parliament/
• Public Law Podcast: Government Consultation on Judicial Review https://hsfnotes.com/publiclaw/2021/06/22/public-law-podcast-government-consultation-on-judicial-review/
• HSF responds to Government’s Consultation on Judicial Review Reform https://hsfnotes.com/publiclaw/2021/05/14/hsf-responds-to-governments-consultation-on-judicial-review-reform/
• Publication of the Independent Review of Administrative Law’s Report and a Government Consultation into Judicial Review https://hsfnotes.com/publiclaw/2021/03/19/publication-of-the-independent-review-of-administrative-laws-report-and-a-government-consultation-into-judicial-review/
Speakers: Andrew Lidbetter (Partner), Nusrat Zar (Partner), Vikram Sachdeva QC (39 Essex)
Organisations across the globe are trying to motivate as many employees as possible to get the vaccine. Many are offering incentives while some are starting to mandate vaccines where many feel public health orders have stopped short – but at what cost?
In this podcast our panel of experts discussed the key issues that arise with this complex topic. What do employers need to consider in developing their approach? Will it be a lawful and reasonable direction for employers to mandate vaccinations? How are companies encouraging their employees to vaccinate? What do employers need to consider once they have decided their policy?
This podcast briefing is also available to watch as a video, which you can access here https://www.herbertsmithfreehills.com/latest-thinking/australian-employment-industrial-relations-and-safety-webinars
By Wendy Fauvel, Mark Rigotti, Nicholas Ogilvie, Nerida Jessup and Alissa Anderson.
In this corporate governance podcast, we discuss the FRC Financial Reporting Lab's recent report on stakeholders, decisions and Section 172 statements with Phil Fitzgerald, Director of the Financial Reporting Lab, and Marie Claire Tabone, Project Manager of the Financial Reporting Lab. The report sets out investors’ expectations in relation to disclosures on stakeholders, the impact of decisions on them and section 172 statements and Phil and Marie Claire explain the key issues and guidance for companies coming out of this project. Further on the Financial Reporting Lab and its work can be found here: https://www.frc.org.uk/investors/financial-reporting-lab
History of US Sanctions Under the JCPOA May Offer Insight to Terms of Renewed JCPOA Participation
In this episode, Jonathan Cross, Brittany Crosby-Banyai and Dan Hudson discuss the history of the Iran sanctions program under the Iranian nuclear deal, known as the Joint Comprehensive Plan of Action (“JCPOA”). They also analyze the mechanisms by which sanctions were re-imposed when the US left the agreement. These considerations offer insight as to the categories of sanctions against Iran that the US could lift pursuant to a new nuclear deal.
Speakers: Jonathan Cross, Counsel, New York, Brittany Crosby-Banyai, Associate and Dan Hudson, Partner, London
In episode 3 of our Tech Disputes podcast series Revolution or evolution?, we take a look at software audit disputes and data licensing disputes. Compliance with software and data licences, which can be at times vague and/or onerous, has long been a problem for legal and compliance departments, and as more and more companies engage in digital transformation, the reliance on third party software and data services is growing across all sectors.
This is leading to substantial risk of non-compliance for customers, which will come to light when the vendor exercises its contractual rights to audit licence compliance. Remediating shortfalls can often attract multimillion £ fees and the negotiations between vendors and customers can become fraught and potentially litigious in their own right.
This episode explores the way in which these disputes can unfold, and the different approaches and levers each side can look to employ in a contentious audit situation. It also looks at the practical steps customers can take in order to avoid over deployment risks in the first place, both at the contracting stage, and during the contract life cycle.
Speakers: Andrew Moir, Heather Newton and Peter Dalton
This month, Dana Kim has invited Kum Sun Kim, corporate attorney at Microsoft Korea who shares her views on how we can utilize the power of technology for women's career progression in today's environment and the importance of allyship to encourage solidarity between women.
Watch the video version here: https://www.herbertsmithfreehills.com/latest-thinking/women-in-tech
Don't you know that you're toxic? How to spot a toxic culture in the workplace
We are introducing a new mini-series within our Employment Espresso pods looking at how to respond to and how to prevent sexual harassment and sexual abuse in the workplace. In our first episode we look at toxic culture in the workplace. How to spot it and what are the consequences of ignoring it?
Speakers: Anna Law, Senior Associate, Employment, Dave Palmer, Senior Associate, Employment and Lydia Carrington, Trainee, Employment.
Marc Lasry, CEO of Avenue Capital and co-owner of the 2021 NBA Champion Milwaukee Bucks, joins the pod to discuss his pre-finance background as a lawyer, taking the Bucks from worst to first, the development of stars Giannis Antetokounmpo and Khris Middleton, the 2020 NBA Disney Bubble, and the Bucks' 2021 championship run.
We explore the class action risks emerging for consumer-facing businesses in what has been an unprecedented 12 months in the Australian class actions landscape. Moderated by Jason Betts, Commercial Litigation Partner & Global Co-Head Of Class Actions, Herbert Smith Freehills.
Panellists include representatives from key stakeholder groups, including:
- Julian Schimmel, Principal, Maurice Blackburn;
- Ruth Overington, Commercial Litigation Partner, Herbert Smith Freehills
- Gavin Beardsell, Investment Manager – Sydney | Head of New Zealand, Omni Bridgeway
In session 2 of our Corporate Governance Symposium We look at the increased interest in the overlap between data/privacy and disclosure from an ACCC perspective, as demonstrated by the Google case and other recent activity and enforcement patterns. Moderated by Aoife Xuereb, Disputes Senior Associate, Herbert Smith Freehills.
Panellists were
Liza Carver, Competition Partner and Head of Competition, Herbert Smith Freehills Patrick Clark, Competition Senior Associate, Herbert Smith Freehills Christine Wong, Commercial Litigation Partner, Herbert Smith Freehills Kaman Tsoi, Privacy and Data Special Counsel, Herbert Smith Freehills
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
This session featured McKinsey Associate Partner Thomas Rüdiger Smith as keynote speaker. Moderated by Kristin Stammer, Corporate Partner & Consumer Sector Global Co-Lead, Thomas was joined by Peter Jones, Technology Partner and Malika Chandrasegaran, M&A Partner as they delved into the current corporate landscape, exploring the risks and opportunities that exist within the business to consumer space. A summary of the session is below.
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.
On this episode host Steven Jacobs goes solo to discuss the Senate's debate on the trillion dollar infrastructure bill, and the severe ramifications it could have for the US Cryptocurrency industry.
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Amel Fenghour.
You can find links to our blog posts on the cases covered in this podcast below:
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Supreme Court clarifies proper approach to SAAMCO and to determining scope of duty of care owed by professional advisers https://hsfnotes.com/bankinglitigation/2021/06/23/supreme-court-clarifies-proper-approach-to-saamco-and-to-determining-scope-of-duty-of-care-owed-by-professional-advisers/
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Court of Appeal provides guidance on the “reflective loss” principle and its interaction with the Contracts (Rights of Third Parties) Act 1999 https://hsfnotes.com/bankinglitigation/2021/07/06/court-of-appeal-provides-guidance-on-the-reflective-loss-principle-and-its-interaction-with-the-contracts-rights-of-third-parties-act-1999/
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Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation https://hsfnotes.com/bankinglitigation/2021/07/05/court-of-appeal-clarifies-proper-approach-to-assessing-damages-for-fraudulent-misrepresentation/
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European Commission notice to Lugano Depositary states EU not in a position to consent to UK accession https://hsfnotes.com/litigation/2021/07/07/european-commission-notice-to-lugano-depositary-states-eu-not-in-a-position-to-consent-to-uk-accession/
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HMT reform of prospectus regime: the potential impact on securities litigation https://hsfnotes.com/bankinglitigation/2021/07/19/hmt-reform-of-prospectus-regime-the-potential-impact-on-securities-litigation/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
从反垄断法学理论来说，反垄断法作为规范市场竞争秩序的法律，具有明显的公法性质。但根据各国司法实践，公法性质并不是一个不可突破的障碍。近些年来，在欧美一些国家的立法与司法实践中，部分国家已明确将反垄断争议纳入仲裁事项的范畴。但在中国，反垄断的公共政策性仍然是我国考量可仲裁性的重要因素。那么到底哪些垄断纠纷可以仲裁，哪些类型的又不可仲裁呢？可仲裁性的区分标准又是否是一成不变的呢？本期的反垄断百「科」，我们将和大家一起探讨这些问题。
第4集: 又一重锤！医药企业应当如何做好反垄断合规？ 最近中国的反垄断执法相当活跃，中国国家市场监督管理总局对一些重大案件做出了处罚决定, 包括公布对扬子江药业集团有限公司实施垄断协议行为作出行政处罚的决定书。国家市场监督管理总局同时强调将持续加强医药领域反垄断执法，有效预防和制止垄断行为，切实保护市场公平竞争及维护消费者合法权益和社会公共利益。本期的反垄断百「科」， 我们会重点讨论在中国政府对国内各行业巨头进行大刀阔斧的反垄断执法的大环境下，中国医药企业应当如何做好反垄断合规？
In this episode, Jonathan Cross, Susannah Cogman and Alex Hokenson discuss secondary sanctions, a type of sanctions frequently used by the US in recent years. Jonathan explains what secondary sanctions are and how the US has used secondary sanctions to compel non-US companies to stop dealing with the targets of US sanctions. Susannah explains how the EU and UK have responded to US secondary sanctions and the adoption of blocking legislation to limit their effect.
We also discuss several sanctions-related news stories from the US and the UK, including:
• New US sanctions against Chinese companies connected to Xinjiang. • The Biden Administration's introduction of a new "Chinese Military-Industrial Complex" sanctions list. • The stalled progress of negotiations between the US and Iran to re-enter the JCPOA. • Western sanctions imposed on Belarus following its recent grounding of an international flight to arrest a journalist. • The UK's introduction of a new global anti-corruption sanctions regime.
In the latest episode in our public M&A podcast series, we once again turn to the topic of shareholders on public M&A transactions and in particular discuss the Spire takeover where shareholders have voted down the scheme to effect the takeover.
In this ninth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to Brexit, and discuss some recent cases on factual witness and expert evidence. We also look at a recent Civil Justice Council report on compulsory ADR and finally we discuss an important Supreme Court decision on the scope of a defendant's duty of care in a professional negligence case. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Jan O'Neill, a professional support lawyer in our litigation team, and Ceri Morgan, a professional support consultant in our banking litigation team.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• European Commission notice to Lugano Depositary states EU not in a position to consent to UK accession https://hsfnotes.com/litigation/2021/07/07/european-commission-notice-to-lugano-depositary-states-eu-not-in-a-position-to-consent-to-uk-accession/
• Proposal for EU to join 2019 Hague Judgments Convention https://hsfnotes.com/litigation/2021/07/19/proposal-for-eu-to-join-2019-hague-judgments-convention/
• New regime for trial witness statements does not change law on admissibility https://hsfnotes.com/litigation/2021/07/12/new-regime-for-trial-witness-statements-does-not-change-law-on-admissibility/
• Court orders party to disclose documentation generated at pre-action stage as condition of granting permission for change of expert https://hsfnotes.com/litigation/2021/07/12/court-orders-party-to-disclose-documentation-generated-at-pre-action-stage-as-condition-of-granting-permission-for-change-of-expert/
• Civil Justice Council recommends court-compelled ADR https://hsfnotes.com/adr/2021/07/15/uk-civil-justice-council-recommends-court-compelled-adr/
• Supreme Court clarifies proper approach to determining scope of duty of care owed by a professional adviser https://hsfnotes.com/litigation/2021/06/23/supreme-court-clarifies-proper-approach-to-determining-scope-of-duty-of-care-owed-by-a-professional-adviser/
On this episode Steven Jacobs is joined again by Robert Linnehan, a writer at XLMedia, to discuss recent updates regarding legislation that would legalize mobile sports wagering in New York.
In May 2021 the Federal, State and Territory Ministers met and voted to amend the model Work Health and Safety Regulations which will see the inclusion of specific provisions on psychosocial risks in the Regulations.
In this briefing, our national panel of safety experts including Steve Bell (Melbourne), Anna Creegan (Perth), Aaron Anderson (Brisbane) and special counsel Nerida Jessup (Sydney) discuss the impact of impact of psychological safety policy and legal developments on the management of psychosocial risks in the workplace.
This podcast briefing is also available to watch as a video, which you can access here https://www.herbertsmithfreehills.com/latest-thinking/australian-employment-industrial-relations-and-safety-webinars
In episode 6, Rebekah and Emma are joined by Andrew Wells from Herbert Smith Freehills’ London office to take a look at a recent report from the European Patent Office and the International Energy Agency, which uses data relating to patent filings to map some fascinating trends in innovation in the clean energy space.
In episode 2 of our Tech Disputes podcast series Revolution or evolution? https://www.herbertsmithfreehills.com/latest-thinking/revolution-or-evolution-technology-and-the-changing-dispute-resolution-landscape we take a look at trade secrets Disputes – protecting your key business information.
Innovation needs to happen at a rapid pace. IP rights are key to locking in the investment made in innovation but in the short term, trade secrets can play a very significant role.
The increasing number of questions we have been getting from clients over the past few years on trade secrets has been really noticeable. This has been driven by the need to protect tech innovation and key business information, data and business methods that a company wishes to keep exclusively for themselves. Trade secret theft is becoming an increasing issue, whether mediated by cyber-attacks or employees (or ex-employees).
The key questions we will cover in this podcast, with practical examples:
• Why are trade secrets an important remedy to be able to rely on? • How do you go about protecting trade secrets adequately? • How do you enforce your trade secrets?
In this latest podcast in our Pensions and ESG series, Professor Iain Clacher, Professor of Pensions & Finance at Leeds University Business School and Lead Researcher for Pensions and Asset Management for the new Centre for Greening Finance and Investment, joins Michael Aherne, Pensions Partner, to discuss the plans for the Centre. During the discussion Professor Clacher outlines:
• the aims of the Centre and how it will support trustees, asset managers and other stakeholders make more informed decisions on climate related risks (starting at 2:30) • the issues trustees and asset managers need to consider when assessing climate-related risks (starting at 5:10), and • steps trustees can take to learn more about climate-related risks (starting at 20:00).
You can find out more about the new Centre for Greening Finance and Investment here - https://ukcgfi.org/
To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog. https://hsfnotes.com/pensions/subscribe/
To view our other pensions podcasts, including the other podcasts in this series, click here https://hsfnotes.com/pensions/?m=podcasts
On this episode Professor Mark Conrad returns to the pod to discuss the landmark SCOTUS decision, NCAA v. Alston, regarding the NCAA's longstanding limits on compensation for college athletes.
This month Yana Ivanova has invited one of the prominent figures in the Russian technology sector – Anna Serebryanikova President of the Russian Big Data Association to discuss her opinions on what challenges women face, the opportunities provided, and how women manage complexity in the tech industry today especially during the COVID-19 pandemic.
Tobias Brinkmann, Miriam Everett and Sian McKinley explore the charged topic of monitoring staff via technology and assessing how such trends are changing the nature of work.
Speakers: Tobias Brinkmann (Counsel), Miriam Everett (Partner), Sian McKinley (Senior Associate)
In our latest podcast on diversity in pensions, Lynda Whitney, Partner at Aon and Susan Hoare, Partner and Head of Trustee Governance Service at Aon discuss their new Practical Diversity & Inclusion Guide for Trustees with Partner and Head of Employment, Pensions and Incentives, Samantha Brown. During the conversation, Lynda and Susan share:
• examples of the sorts of diversity and inclusion issues trustees face • practical ways to identify and address unconscious bias in trustee decision making, and • how to attract a diverse range of candidates onto a trustee board.
To access Aon's Guide, please click here: https://www.aon.com/getmedia/55b5e8a2-dde3-458a-8758-c4073bb0bde6/Aon-Practical-Diversity-and-Inclusion-for-Trustees.aspx
To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog. www.hsfnotes.com/pensions/subscribe/
To view our other pensions podcasts, including the other podcasts in this series, click here: www.hsfnotes.com/pensions/?m=podcasts
As many organisations grapple with historical claims and the aggressive approach being adopted by the regulator, the Fair Work Ombudsman, this podcast briefing will provide practical guidance and insights for employers, including what we are seeing in relation to underpayment issues, self-reporting and our experience using external accounting firms to conduct compliance audits, and what do managers and directors need to do to manage the due diligence obligations under the Victorian wage theft laws, and what are the chances this will be expanded nationally.
Featuring partners Anthony Wood (Melbourne) and Anna Creegan (Perth), with Executive Counsel Wendy Fauvel (Brisbane) and Senior Associate Rommo Pandit (Sydney)
This podcast briefing is also available to watch as a video, which you can access here: https://www.herbertsmithfreehills.com/latest-thinking/australian-employment-industrial-relations-and-safety-webinars
Listen to the inaugural podcast launching our Women in Tech series.
In this monthly interview series we host a virtual fireside chat with a leading female figure in the technology sector to discuss their personal experience of working in the industry and their take on current opportunities and potential challenges. This month Alexandra Neri has had the pleasure of speaking with Google's Maria Gomri who shares her views on steps taken to support the growth of women within the industry and how one can flourish in today's environment.
Watch the video version here: https://www.herbertsmithfreehills.com/latest-thinking/women-in-tech
Alexandra Neri, Partner, Head of IP/IT, Herbert Smith Freehills Maria Gomri, Head of Legal France, Middle East and North Africa, Google
In episode four, listen to part one of our panel event “Will tech eat our cities?” which was hosted in Sydney, Australia on 8 June 2021. Our hosts Nicholas Carney (Infrastructure Partner) and Peter Jones (Technology Partner) are joined by local guests Amy Brown (Chief Executive Officer, Investment NSW), Avi Naidu (Managing Partner, Taronga Ventures) and Tibor Schwartz (Senior Advisor, Asset Management, QIC Global infrastructure) to consider the role technology has to play in the future of our cities.
To listen to part two please click here: https://soundcloud.com/herbert-smith-freehills/future-cities-ep5-will-tech-eat-our-cities-panel-event-part-2
In the latest episode of our Public Law Podcast, Andrew Lidbetter, Nusrat Zar and Vikram Sachdeva QC of 39 Essex consider the Government’s recent consultation on judicial review following the Independent Review of Administrative Law submitted in January.
You can read more about the issues discussed in this episode in the following blog posts: • HSF responds to Government’s Consultation on Judicial Review Reform https://hsfnotes.com/publiclaw/2021/05/14/hsf-responds-to-governments-consultation-on-judicial-review-reform/
• Publication of the Independent Review of Administrative Law’s Report and a Government Consultation into Judicial Review https://hsfnotes.com/publiclaw/2021/03/19/publication-of-the-independent-review-of-administrative-laws-report-and-a-government-consultation-into-judicial-review/
Anti-bribery and anti-competition enforcement trends and other developments
We take stock the status of corporate enforcement actions so far in 2021 under long-arm anti-corruption (US FCPA/UK Bribery Act) and anti-competition legislations/ regulations, and consider whether and how the enforcement agencies' approach might change in the remainder of the year and beyond. Should compliance teams be concerned and what can they be doing now?
In the third episode of our Japan Corporate Crime and Investigations Podcast Series, Yosuke Homma https://www.herbertsmithfreehills.com/our-people/yosuke-homma hosts Jeremy Birch https://www.herbertsmithfreehills.com/our-people/jeremy-birch, James Allsop https://www.herbertsmithfreehills.com/our-people/james-allsop and Joel Rheuben https://www.herbertsmithfreehills.com/our-people/joel-rheuben to discuss these issues.
Speakers: Yosuke Homma (Senior Associate, Tokyo), Jeremy Birch (Partner, Hong Kong), James Allsop (Of Counsel, Tokyo), Joel Rheuben (Senior Associate, Tokyo)
In episode five, listen to part two of our panel event “Will tech eat our cities?” which was hosted in Sydney, Australia on 8 June 2021. Panel host Nicholas Carney (Infrastructure Partner) is joined by local guests Amy Brown (Chief Executive Officer, Investment NSW), Avi Naidu (Managing Partner, Taronga Ventures) and Tibor Schwartz, Senior Advisor, Asset Management, QIC Global infrastructure) to continue the discussion on the role technology has to play in the future of our cities.
To listen to part one please click here: https://soundcloud.com/herbert-smith-freehills/future-cities-ep4-will-tech-eat-our-cities-panel-event-part-1
In this episode, Harry Edwards, Peter Butler and Kara Butler will discuss how to respond to a class action threat and the immediate steps that companies should take.
In episode 5, Emma and Rebekah are joined by their HSF colleague, Aaron Hayward, to talk about the recent decision on copyright and trade mark infringement in proceedings initiated by AGL over a Greenpeace advertising campaign targeting AGL.
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Annabel Davis.
You can find links to our blog posts on the cases covered in this podcast below:
• Court of Appeal confirms that the Quincecare duty does not extend to protect creditors https://hsfnotes.com/bankinglitigation/2021/04/26/court-of-appeal-confirms-that-the-quincecare-duty-does-not-extend-to-protect-creditors/
• Banking Litigation Podcast Episode 25: Special Edition– The Quincecare Duty of Care https://hsfnotes.com/bankinglitigation/2021/04/23/banking-litigation-podcast-episode-25-special-edition-the-quincecare-duty-of-care/
• High Court strikes out time-barred claims holding that banks did not deliberately conceal facts so as to extend the limitation period https://hsfnotes.com/bankinglitigation/2021/05/07/high-court-strikes-out-time-barred-claims-holding-that-banks-did-not-deliberately-conceal-facts-so-as-to-extend-limitation/
• High Court considers doctrine of frustration in Covid context and confirms there is no such thing as “temporary frustration” https://hsfnotes.com/litigation/2021/05/20/high-court-considers-doctrine-of-frustration-in-covid-context-and-confirms-there-is-no-such-thing-as-temporary-frustration/
• Parent companies’ documents found to be in subsidiaries’ control for disclosure purposes https://hsfnotes.com/litigation/2021/04/23/parent-companies-documents-found-to-be-in-subsidiaries-control-for-disclosure-purposes/
• High Court considers scope of jurisdiction and meaning of records under Bankers’ Book Evidence Act 1879 https://hsfnotes.com/bankinglitigation/2021/04/12/high-court-considers-scope-of-jurisdiction-and-meaning-of-records-under-bankers-book-evidence-act-1879/
• Duty of Care – countdown to the much anticipated FCA consultation https://hsfnotes.com/bankinglitigation/2021/05/11/duty-of-care-countdown-to-the-much-anticipated-fca-consultation/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Annabel Davis (Professional Support Paralegal)
Fences and ambulances: Disputes between IT customers and suppliers.
The first episode in our latest podcast series "Revolution or evolution? Technology and the changing dispute resolution landscape" takes a look into disputes involving IT contracts (whether relating to major transformational or sourcing programmes or managed services) in three bitesize chunks.
In part 1, we discuss the types of disputes we see arising between tech suppliers and customers.
Speakers: Rachel Lidgate (Partner) Martin Hevey (Senior Associate) Jeremy Purton (Senior Associate)
Fences and ambulances: Ambulances at the bottom – dealing with when it goes wrong.
The first episode in our latest podcast series "Revolution or evolution? Technology and the changing dispute resolution landscape" takes a look into disputes involving IT contracts (whether relating to major transformational or sourcing programmes or managed services) in three bitesize chunks.
In part 3, we look at legal routes and practical considerations once parties are in dispute.
Speakers: Rachel Lidgate (Partner) Martin Hevey (Senior Associate) Jeremy Purton (Senior Associate)
Fences and ambulances: Fences at the top – mitigating risk early and often.
The first episode in our latest podcast series "Revolution or evolution? Technology and the changing dispute resolution landscape" takes a look into disputes involving IT contracts (whether relating to major transformational or sourcing programmes or managed services) in three bitesize chunks.
In part two we consider what can be done when contracting to reduce the risk of disputes further down the line and what strategies can assist parties when contentious issues emerge during a project.
Speakers: Rachel Lidgate (Partner) Martin Hevey (Senior Associate) Jeremy Purton (Senior Associate)
Looking beyond the pandemic, we discuss our key predictions for consumer M&A in 2021.
Speakers: Malika Chandrasegaran, Partner, Sydney and Joseph Fisher, Partner, Tokyo
In episode three, infrastructure partner Nicholas Carney is joined by partners Silke Goldberg and Timothy Stutt from our global ESG leadership team, to discuss why ESG is a core element of city planning and to bring you examples of how different cities from across the world are embracing ESG to build back better.
In episode 4, Emma and Rebekah are joined by corporate tax expert, Michael Anderson of Greenwoods & Herbert Smith Freehills to talk about the proposed patent box regime announced in the recent Federal budget, and unpack what is going on behind the proposal.
HSF Tokyo senior associate Joel Rheuben https://www.herbertsmithfreehills.com/our-people/joel-rheuben is joined by Yusuke Takamiya https://www.mhmjapan.com/en/people/staff/743.html, a partner at leading Japanese law firm Mori Hamada & Matsumoto, to discuss recent developments in cartel investigation and leniency practices. Recent amendments to Japan's Antimonopoly Law have provided the Japan Fair Trade Commission (JFTC) with wider discretion in setting cartel fines, with the aim of encouraging greater cooperation from cartel leniency applicants. At the same time, the JFTC has promised greater protection for confidential attorney-client communications during cartel investigations. This podcast provides an overview of these developments, as well as a counterpoint from the recent practice of jurisdictions outside of Japan. A Japanese language version of this podcast is also available.
カルテル調査とリーニエンシー制度—国内外の最新動向（日本語版）
当事務所シニア・アソシエイト、ジョエル・ルーベン https://www.herbertsmithfreehills.com/our-people/joel-rheuben が森・濱田松本法律事務所のパートナーである高宮雄介弁護士 https://www.mhmjapan.com/ja/people/staff/743.html] を特別にお招きして、日本国内外におけるカルテル調査とリーニエンシー制度の最近の動向について意見を交わします。
HSF Tokyo senior associate Joel Rheuben https://www.herbertsmithfreehills.com/our-people/joel-rheuben is joined by Yusuke Takamiya https://www.mhmjapan.com/en/people/staff/743.html, a partner at leading Japanese law firm Mori Hamada & Matsumoto, to discuss recent developments in cartel investigation and leniency practices, both in and outside of Japan.
On this episode Steven Jacobs is joined by poker pro and host of PokerFraudAlert Radio, Todd Witteles. The two first discuss whether the law ought to treat poker as a form of gambling, and then discuss a scandal that rocked the poker universe, and the lawsuit that followed.
Cheese, olives and honey: A sticky situation for “geographical indications”
In episode 3, Emma and Rebekah talk “geographical indications” – what are they, why are they hitting the news, and what has it all got to do with cheese and honey?
Trends in Advertising Claims in China - Is there a fine line between yes and no?
Consumer behaviour continues to be impacted by COVID-19, with the ‘homebody economy’ seemingly here to stay in 2021. We discuss the resulting trends in advertising claims in China, for example the increasing link between “clean” and “safe” for household care products. Misleading claims may lead to regulatory investigation initiated by the regulators and class actions brought by consumers, we discuss some of the rules and considerations to keep top of mind with your marketing team.
Speaker: Cathy Liu, Partner, HSF Kewei
In this eighth episode of our series of commercial litigation update podcasts, we will give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties having agreed a settlement. We will also look at some of the very few English cases to date which consider frustration and force majeure in the context of the Covid-19 pandemic. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Gayatri Gogoi, an associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• European Commission recommends that EU reject UK bid to join Lugano Convention https://hsfnotes.com/litigation/2021/05/04/european-commission-recommends-that-eu-reject-uk-bid-to-join-lugano-convention/
• Brexit: key practical implications for disputes and dispute resolution clauses https://hsfnotes.com/litigation/2021/01/26/brexit-key-practical-implications-for-disputes-and-dispute-resolution-clauses/
• Parent companies’ documents found to be in subsidiaries’ control for disclosure purposes https://hsfnotes.com/litigation/2021/04/23/parent-companies-documents-found-to-be-in-subsidiaries-control-for-disclosure-purposes/
• Commercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documents https://hsfnotes.com/litigation/2021/05/05/commercial-court-finds-witness-evidence-less-reliable-where-witnesses-did-not-refresh-memories-from-contemporaneous-documents/
• Court of Appeal confirms fraud exception to without prejudice (WP) rule extends to cases where a party wishes to rely on WP statements to rebut allegations that a settlement agreement is invalid https://hsfnotes.com/litigation/2021/04/22/court-of-appeal-confirms-fraud-exception-to-without-prejudice-wp-rule-extends-to-cases-where-a-party-wishes-to-rely-on-wp-statements-to-rebut-allegations-that-a-settlement-agreement-is-invalid/
• High Court agrees not to hand down judgment where settlement was reached after parties received draft judgment https://hsfnotes.com/litigation/2021/03/25/high-court-agrees-not-to-hand-down-judgment-where-settlement-was-reached-after-parties-received-draft-judgment/
• High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit https://hsfnotes.com/bankinglitigation/2021/03/24/high-court-finds-alleged-frustration-of-contract-due-to-covid-19-pandemic-is-not-sufficiently-arguable-to-grant-injunction-restraining-demand-under-letter-of-credit/
• High Court considers doctrine of frustration in Covid context and confirms there is no such thing as “temporary frustration” https://hsfnotes.com/litigation/2021/05/20/high-court-considers-doctrine-of-frustration-in-covid-context-and-confirms-there-is-no-such-thing-as-temporary-frustration/
• High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic https://hsfnotes.com/litigation/2021/05/25/high-court-considers-operation-of-force-majeure-clause-where-party-had-to-self-isolate-for-12-weeks-due-to-covid-19-pandemic/
In episode two of our Future Cities podcast, partner Nicholas Carney is joined by Lewis McDonald (Global Head of Energy) and Matthew White (Head of Planning, London), to discuss the pressing need to make our energy consumption more efficient and cut emissions as our cities continue to grow.
This episode will explore the recent copyright case involving Clive Palmer and his use of the Twisted Sister hit “We’re Not Gonna Take It” including what arguments were raised in defence of the copyright infringement claim and the nature of the final remedies.
Click here to read our IP team’s overview of this case: https://www.herbertsmithfreehills.com/latest-thinking/copyright-owners-%E2%80%9Cdon%E2%80%99t-have-to-take-it%E2%80%9D-federal-court-of-australia-awards
The Covid-19 pandemic has had an inevitable impact on operational challenges for businesses, including commonly covered issues such as technical limitations and maintaining business continuity. One area that has not escaped the changes brought about by the pandemic is the conduct of investigations. Businesses conducting investigations, already facing a number of competing demands on their resources, must now grapple with the added challenges raised by remote investigations including practical considerations and navigating tricky areas such as privacy and confidentiality.
In the second episode of our Japan Corporate Crime and Investigations Podcast Series, James Allsop https://www.herbertsmithfreehills.com/our-people/james-allsop, Elaine Wong https://www.herbertsmithfreehills.com/our-people/elaine-wong and Michael McErlaine https://www.herbertsmithfreehills.com/our-people/michael-mcerlaine discuss some of these challenge, and practical steps for the effective running of remote investigations.
Speakers: James Allsop (Of Counsel, Tokyo), Elaine Wong (Partner, Singapore), Michael McErlaine (Senior Associate, Tokyo)
This is the first in our series exploring the findings in ACICA’s Australia Arbitration Survey. The survey unearthed some really promising data regarding the scale of arbitration activity occurring in Australia – most notably, it found evidence of 223 unique arbitrations active over a 3 year period with a combined value in dispute estimated at around $35 billion.
However, the survey also revealed some confronting statistics regarding the diversity of arbitrator appointments, notably, that more than 90% of arbitrators appointed to arbitrations with an Australian connection were male. Those arbitrators were similarly likely to be either Australian or English.
Our guests discuss these diversity statistics and the measures aimed at tackling this imbalance:
• Deborah Tomkinson, Secretary General, Australian Centre for International Commercial Arbitration (ACICA) • Paula Hodges, Head of Global Arbitration Practice, Herbert Smith Freehills • Chad Catterwell, Partner, Herbert Smith Freehills • Guillermo Garcia-Perrote, Senior Associate, Herbert Smith Freehills
This episode will explore issues around the possible patent waiver of IP rights related to COVID-19 vaccines by the WTO including what is actually being proposed and the complexities in providing equitable access to the vaccines.
Workplace Mental Wellness: Thoughts and experiences on how to lead and motivate in times of such uncertainty.
To mark Mental Health Awareness Week #MHAW21, Tim Leaver is joined by Sam Brown, a partner in our Pensions team and UK Regional Head of Employment, Pensions & Incentives for a discussion on workplace mental health and wellness, how the pandemic has impacted our wellbeing and awareness of our mental health and they share tips and personal experiences of how as leaders they are mindful of this and have motivated their teams.
Speaker details and title: Tim Leaver, Partner, Employment., HSF, Samantha Brown, Partner, Pensions and UK Regional Head of Employment, Pensions & Incentives
'Shadow bidding' – when does an approach about a possible offer have to be announced?
In the latest episode in our public M&A podcast series, we discuss when an approach to a target about a possible takeover offer has to be announced.
This is a topic that has been discussed in the press recently, amid complaints from shareholders, who only discovered once a firm offer was announced that the target had received a number of approaches prior to the firm offer announcement, and reports that the Takeover Panel are reviewing the rules around announcing an approach.
In the podcast we discuss: • the current Takeover Code requirements around announcing an approach; • the announcement obligations in the Market Abuse Regulation; and • our thoughts on whether the rules need to be reformed.
The Covid-19 pandemic has had an inevitable impact on operational challenges for businesses, including commonly covered issues such as technical limitations and maintaining business continuity. But there has also been a significant spike in compliance issues which have arisen due to the shift to remote or agile working globally, which could have equally serious ramifications for businesses if not managed effectively. Such risks include maintaining confidentiality, technology risks, mitigating material breaches, and anti-bribery and corruption – to name a few.
In the first episode of our Japan Corporate Crime and Investigations Podcast Series, David Gilmore https://www.herbertsmithfreehills.com/our-people/david-gilmore, Craig Shepherd https://www.herbertsmithfreehills.com/our-people/craig-shepherd and James Allsop https://www.herbertsmithfreehills.com/our-people/james-allsop discuss some key compliance risks in the workplace, and practical steps for management and teams to implement in order to mitigate or manage these risks.
In our next episode, the team looks at non-competes; the current status of the law in this area and the proposed changes the Government is considering; what are the practical implications of these changes?
Speakers: Tim Leaver, Partner, Employment, Christine Young, Partner, Employment and Nick Wright, Senior Associate, Employment.
On this episode Steven Jacobs is joined by Danielle Langhoff and Yasmin Mitha, experts on addiction-related legal claims and regulation, to discuss loot boxes, social casinos, and gaming apps that may target children with addictive in-game purchases which include randomized rewards—creating what some have referred to as a "gambling apprenticeship." The discussion touches upon how these games may run afoul of gambling laws, the lawsuits we are seeing in this area, and best practices for game developers to avoid legal risk.
In this podcast, Caroline Escott, Trustee of the Standard Life Master Trust, shares her views on diversity in the pensions and financial services sectors with Professional Support Consultant, Tim Smith. During the conversation, Caroline discusses:
- her career journey to date
- her views on how the pensions and financial services industries are performing when it comes to diversity and inclusion
- obstacles and challenges she has faced related to diversity and inclusion
- steps that can be taken to encourage diversity (including diversity of thought) among trustees.
To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog. hsfnotes.com/pensions/subscribe/
To view our other pensions podcasts, including the other podcasts in this series, click here: hsfnotes.com/pensions/?m=podcasts
There are a number of key issues that businesses need to be mindful of when considering strategic realignment of their supply chain. In this video we explore these issues, together with predictions in light of Covid-19.
Speakers: Chad Catterwell, Partner, Melbourne and Kathryn Sanger, Partner, Hong Kong
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Mannat Sabhikhi.
You can find links to our blog posts on the cases covered in this podcast below:
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High Court determines that reliance issues in context of a s.90A FSMA claim should be heard at first trial https://hsfnotes.com/bankinglitigation/2021/04/16/high-court-determines-that-reliance-issues-in-context-of-a-s-90a-fsma-claim-should-be-heard-at-first-trial/
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High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period https://hsfnotes.com/bankinglitigation/2021/03/10/high-court-strikes-out-s-90a-fsma-claims-for-failure-to-comply-with-pre-service-joinder-rules-following-expiration-of-arguable-limitation-period/
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Supreme Court allows appeal in jurisdictional challenge relating to parent company duty of care https://hsfnotes.com/bankinglitigation/2021/02/15/supreme-court-allows-appeal-in-jurisdictional-challenge-relating-to-parent-company-duty-of-care/
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High Court considers principles relating to cut-off dates and the costs of advertising in group litigation https://hsfnotes.com/litigation/2021/02/11/high-court-considers-principles-relating-to-cut-off-dates-and-the-costs-of-advertising-in-group-litigation/
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High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation https://hsfnotes.com/bankinglitigation/2021/03/19/high-court-finds-that-a-claimants-awareness-of-a-representation-is-an-essential-prerequisite-to-a-claim-for-misrepresentation/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
The latest edition of our Regulation in Focus podcast series features Clive Cunningham and Andrew Procter, both partners in our FSR practice, in conversation about the milestone publication of the UK regulators’ final policies on operational resilience. https://hsfnotes.com/fsrandcorpcrime/2021/04/07/uk-regulators-release-final-operational-resilience-policies/
The discussion ranges from the challenges for senior managers to the nuances of setting impact tolerances in dual regulated firms to the wider global context.
Speakers: Clive Cunningham, Partner and Andrew Procter, Partner
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.
Leah Watterson, Senior Associate, Melbourne
Consumer companies face current and emerging class action risks from a range of areas including corporate disclosure and employment issues. We highlight the key areas to keep an eye on in 2021.
In this special edition of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments - the Quincecare duty of care. This episode is hosted by Ceri Morgan, a professional support consultant in our banking litigation team, who is joined by Mark Tanner and Scott Warin.
Quincecare duty claims typically arise where a bank or deposit holding financial institution has received a payment mandate from an authorised signatory of its customer, and executed the order, in circumstances where (allegedly) there were red flags to suggest that the order was an attempt to misappropriate the funds of the customer. The past few years have witnessed an uptick in such claims, with a proliferation of judgments being handed down in quick succession since the Supreme Court’s decision in Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 https://www.supremecourt.uk/cases/docs/uksc-2018-0039-judgment.pdf. In our podcast, we discuss how these judgments have defined both the scope of the duty, and the potential tools in the armoury of banks to defend these claims.
You can find links to our blog posts on the cases covered in this podcast below:
• Court of Appeal judgment on scope and exclusion of “Quincecare” duty of care https://hsfnotes.com/bankinglitigation/2019/10/22/court-of-appeal-judgment-on-scope-and-exclusion-of-quincecare-duty-of-care/ • Supreme Court upholds first successful claim for breach of the so-called “Quincecare” duty of care https://hsfnotes.com/bankinglitigation/2019/10/31/supreme-court-upholds-first-successful-claim-for-breach-of-the-so-called-quincecare-duty-of-care/
• High Court refuses to strike out Quincecare duty claim against a PSP where its customer was hijacked by fraudsters https://hsfnotes.com/bankinglitigation/2020/09/23/high-court-refuses-to-strike-out-quincecare-duty-claim-against-a-psp-where-its-customer-was-hijacked-by-fraudsters/
• High Court provides further insights on the risks of Quincecare claims against banks https://hsfnotes.com/bankinglitigation/2020/12/17/high-court-provides-further-insights-on-the-risks-of-quincecare-claims-against-banks/
• High Court confirms current scope of Quincecare duty is limited to protecting corporate customers and does not extend to individuals https://hsfnotes.com/bankinglitigation/2021/01/26/high-court-confirms-current-scope-of-quincecare-duty-is-limited-to-protecting-corporate-customers-and-does-not-extend-to-individuals/
• Hong Kong court refuses to expand scope of Quincecare duty https://hsfnotes.com/asiadisputes/2021/04/19/banks-may-rest-assured-as-hong-kong-court-refuses-to-expand-scope-of-quincecare-duty/
Don't forget to subscribe to the banking litigation blog: https://hsfnotes.com/bankinglitigation/subscribe/
Join Herbert Smith Freehills’ Employment team for a coffee catch up as they discuss current hot topics impacting the employment sphere. In this, first episode, the team looks at returning to work in the UK following the Covid-19 pandemic. They tackle issues including the roadmap for returning to work; the implications of a no jab no job policy and whether employers should be focussing on getting negative tests rather than jabs.
Speakers: Tim Leaver, Partner, Employment, Christine Young, Partner, Employment and David Palmer, Senior Associate, Employment
On this emergency episode Steven Jacobs is joined by Robert Linnehan, a writer at XLMedia, to discuss recently-publicized legislation that would legalize mobile sports wagering in New York.
Peter Jones, Partner, Sydney and David J Ryan, Senior Associate, Melbourne
The value of data as a genuine asset cannot be doubted for the consumer sector, but will the future continue to allow the current forms of data analysis and monetisation. Or are we on the cusp of a significant political, societal and regulatory backlash?
In this episode, Alan Mitchell and Aoife Xuereb discuss the recent introduction of group costs orders in class actions commenced in Victoria and issues that arise in security for costs applications in class action proceedings.
In the latest episode in our public M&A podcast series, we discuss the changes to the Takeover Code that will come into force on 5 July 2021. The changes will:
• update the rules on regulatory clearances, including removing the historical, special status for EU merger clearance and UK Competition and Markets Authority (CMA) clearance; • simplify the timetable for contractual offers; and • introduce a flexible contractual offer timetable, to accommodate regulatory timetables which run for longer than 60 days.
Speakers: Antonia Kirkby, Professional Support Lawyer Mark Bardell, Partner
This podcast is a deep dive into an issue that impacts you, and all FCA regulated firms – treating vulnerable customers fairly. It features Karen Anderson, Cat Dankos and Ben Goodman from our contentious financial services regulatory practice in London, discussing the FCA’s aim of ensuring that vulnerable consumers experience outcomes as good as other consumers and receive consistently fair treatment across all FCA-regulated firms and sectors.
Speakers: Karen Anderson (Partner), Cat Dankos (Regulatory Consultant) and Ben Goodman (Of Counsel)
On this episode Steven Jacobs is joined by Natasha Blycha, the Global Head of Digital Law at Herbert Smith Freehills and an expert on blockchain and distributed ledger technology. Jacobs and Blycha discuss this revolutionary technology and how it may further disrupt the legal world (and the gambling world). The discussion includes a focus on cryptocurrencies, non-fungible tokens, and smart contracts.
Natalie Gaspar, Partner, Melbourne and Fatim Jumabhoy, Partner, Singapore
2021 and beyond will likely see a rise in workplace complaints from employees. We discuss how to prepare, and how the union movement might respond more generally to ESG issues.
What do the Government's audit and corporate governance reform proposals mean for companies?
In this podcast, we discuss the UK Government's long awaited consultation paper on audit and governance reform with the Financial Reporting Council's Kate O'Neill, Director of Stakeholder Engagement and Corporate Affairs, and Miranda Craig, Director of Strategy and Change. The consultation paper proposes some fundamental reforms in a number of areas in relation to audit, corporate governance and corporate reporting. In this podcast we consider some of the key issues for corporates including in relation to director liability and accountability, risk management and internal control process and procedures and audit and assurance. Visit the FRC website to hear more about the consultation and share your views. https://www.frc.org.uk/https/www-frc-org-uk/frc-for-you/beis-consultation-document-2021/how-you-can-hear-more-about-the-consultation-and-s
Speakers: Gareth Sykes, Of Counsel, Kate O'Neill, Director of Stakeholder Engagement and Corporate Affairs and Miranda Craig, Director of Strategy and Change at the Financial Reporting Council
In the latest episode in our public M&A podcast series, we look at recent situations where we have seen shareholders influence a bid situation, whether by:
• encouraging M&A • affecting M&A or • threatening M&A.
Speakers: Antonia Kirkby, Professional Support Lawyer and Greg Mulley, Partner
Businesses who deal with consumers will generally wish to have a good relationship with Government, regulators and other public authorities. However, there are times when a company’s interests are such that they come into conflict. At those times companies may wish to consider how that conflict might be resolved if it were to reach court. Last June, we created a guide to Regulatory Disputes in the Consumer Sector https://sites-herbertsmithfreehills.vuturevx.com/20/21553/landing-pages/public-law-consumer-cases.pdf. This guide is designed for businesses that interact with consumers, for example, selling products to the public direct or through retailers, who might have to consider how to proceed when regulatory matters become contentious, and indeed those who work at regulators themselves.
The guide collates a number of significant cases from recent years to demonstrate how administrative law principles work in practice within this sector. However, since we published the guide, there have been additional and significant developments, in particular due to the impact of the UK leaving the EU. Andrew Lidbetter, Jasveer Randhawa and Hannah Lau have therefore recorded a podcast giving an update on the post-Brexit landscape and other important developments, to build on the guide.
In this podcast briefing, Partners Anthony Wood (Melbourne) and Anthony Longland (Perth), and Senior Associate Sophie Beaman (Sydney) discuss the Federal Governments’ scaled-down Fair Work Amendment Bill which passed the Senate last Thursday. The panel was joined by special guest Ben Davies, Director of Workplace Relations at the Business Council of Australia who was involved in the reform consultation process.
In this seventh episode of our series of commercial litigation update podcasts, we consider: developments relating to disclosure and witness evidence, including an update on reforms in both areas; some recent cases relating to class actions; and the impact of Brexit in the insolvency context. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Andrew Cooke, a senior associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• Court of Appeal orders defendants to request their employees and ex-employees to produce personal devices for inspection to identify documents in defendants’ control https://hsfnotes.com/litigation/2021/02/10/court-of-appeal-orders-defendants-to-request-their-employees-and-ex-employees-to-produce-personal-devices-for-inspection-to-identify-documents-in-defendants-control/
• Court of Appeal finds trial should be adjourned due to unavailability of important witness https://hsfnotes.com/litigation/2021/03/03/court-of-appeal-finds-trial-should-be-adjourned-due-to-unavailability-of-important-witness/
• Article published – Disclosure Pilot Scheme: a potential way forward? https://hsfnotes.com/litigation/2020/09/30/article-published-disclosure-pilot-scheme-a-potential-way-forward/
• Article published – New rules on trial witness statements from 6 April 2021: what should you be doing now? https://hsfnotes.com/litigation/2021/03/10/article-published-new-rules-on-trial-witness-statements-from-6-april-2021-what-should-you-be-doing-now/
• Okpabi v Shell: Supreme Court allows appeal in jurisdictional challenge relating to parent company duty of care https://hsfnotes.com/litigation/2021/02/15/okpabi-v-shell-supreme-court-allows-appeal-in-jurisdictional-challenge-relating-to-parent-company-duty-of-care/
• High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period https://hsfnotes.com/litigation/2021/03/10/high-court-strikes-out-s-90a-fsma-claims-for-failure-to-comply-with-pre-service-joinder-rules-following-expiration-of-arguable-limitation-period/
• High Court considers principles relating to cut-off dates and the costs of advertising in group litigation https://hsfnotes.com/litigation/2021/02/11/high-court-considers-principles-relating-to-cut-off-dates-and-the-costs-of-advertising-in-group-litigation/
• Cross-border insolvencies in the UK and the EU – a quick guide https://hsfnotes.com/litigation/2021/02/04/cross-border-insolvencies-in-the-uk-and-the-eu-a-quick-guide/
• Impact of Brexit on applicable law in cross-border insolvencies https://hsfnotes.com/litigation/2021/02/25/impact-of-brexit-on-applicable-law-in-cross-border-insolvencies/
Cellia Cognard, International Counsel HBT
We predict that the strong will get stronger in 2021. In spite of COVID-19, e-commerce will continue to be the main growth driver riding the massive digital adoption wave in Indonesia.
In the second episode in our series on diversity in pensions, Samantha Brown Head of Employment, Pensions and Incentives at Herbert Smith Freehills, is joined by Tracy Blackwell, CEO of Pension Insurance Corporation (PIC) and they discuss:
• the purpose of finance • the importance of businesses having a purpose and how impacts on their culture and on diversity • how PIC has defined its own purpose and culture, and • how PIC promotes diversity within its workforce.
This discussion on the purpose of finance builds on PIC's report https://www.pensioncorporation.com/media/100020/the-purpose-of-finance-report-2017.pdf on this topic published in March 2017.
In 2020, the AHRC Respect@Work report called out sexual harassment as fundamentally a WHS issue, to which safety policy makers and regulators ought to take a greater education and compliance role. Following on from the release of that report, SafeWork Australia has released its 2021 guidance material on Preventing Workplace Sexual Harassment. Partners Aaron Anderson (Brisbane) and Drew Pearson (Sydney) and Special Counsel Nerida Jessup (Sydney) discussed the employment and WHS obligations employers need to be aware of to prevent sexual harassment and gendered violence in the workplace, as well as considerations and risks in employer intervention and response to incidents and complaints.
In this latest podcast in our series on Pensions and ESG, Michael Aherne, Of Counsel, discusses what it means to implement a responsible investment strategy in practice with Caroline Escott, Senior Investment Manager at RPMI Railpen. In particular, Caroline shares:
• how her interest in responsible investment and stewardship began and her career journey to date • how RPMI Railpen is preparing for the new governance and disclosure requirements relating to climate risks, and • her views on how to engage with members on ESG and responsible investment.
In this episode Steven Jacobs is joined by Professor Mark Conrad, an expert on sports law and gambling law who teaches at the Gabelli School of Business at Fordham University, to discuss the law of sports gambling in the United States. Billions of dollars are bet on US sporting events every year, but until recently, this betting was unlawful in nearly every state. Jacobs and Conrad unpack the history of these laws and discuss this rapidly changing legal landscape in the wake of a landmark 2018 Supreme Court decision.
Tim Stutt, Senior Associate and Australian Lead, ESG, Melbourne. Environmental, social and governance (ESG) issues are increasingly playing an important role in the way consumer companies engage with customers, employees, regulators and investors.
In this podcast, we discuss the Financial Reporting Council's Review of Corporate Governance Reporting with Maureen Beresford, Head of Corporate Governance at the FRC. The Review is the first to consider reporting in accordance with the 2018 edition of the UK Corporate Governance Code and considers issues including, compliance with the Code; purpose, culture and values; succession planning; diversity and stakeholder engagement. We discuss each of these themes in this podcast and look ahead to the 2021 AGM season.
Speakers: Gareth Sykes, Of Counsel and Maureen Beresford, Head of Corporate Governance at the Financial Reporting Council
In this episode, Christine Tran, Ante Golem and Helen Mould are joined by special guest Sophie East of Bell Gully as they compare and contrast the proposed class action regime and regulation of commercial litigation funding in New Zealand against current activity in Australia.
Craig Tevendale, Chris Parker and Rebecca Warder look at the results of the HSF/LCAM survey on mediation and arbitration and what these results tell us about the current profile of mediation in arbitration
Speakers: Craig Tevendale (Partner, Head of the International Arbitration group in London), Chris Parker (Partner, International Arbitration group in London), Rebecca Warder (Professional Support Lawyer, International Arbitration group in London)
In this introductory podcast, Tim Smith, pensions professional support lawyer, discusses:
• what led to the introduction of the Pension Schemes Act • why it is significant • what impact it is likely to have in practice, and • when the key provisions will come into force.
To access the other podcasts in this series visit our Pension Schemes Act soundbites collection.
In this podcast, Michael Aherne, Of Counsel in the Pensions teams, discusses:
- the new requirements relating to climate change in the Pension Schemes Act 2021
- how significant these are for the industry
- whether the industry is prepared to comply with these new requirements, and
- the timeline for these new requirements to come into force.
In this podcast, pensions Partner, Rachel Pinto, discusses:
- the new statutory funding requirements that will soon be in force for DB schemes
- the impact that these are likely to have on schemes and sponsors
- how the new requirements will be enforced by the Pensions Regulator, and
- key themes from the Regulator's new Code of Practice on funding DB schemes.
Steve Ruddock, Editor-in Chief of Gaming Law Review and Content Director for BettingUSA.com, joins Steven Jacobs for a deep dive regarding the always opaque and sometimes absurd online poker laws in the US, past and present. The discussion includes legal analysis of and industry anecdotes regarding the laws that have impacted online poker spanning from the rise of the internet in the early 2000s, through today.
In this podcast, John Whiteoak, Partner and Head of the Restructuring & Insolvency at Herbert Smith Freehills, shares his views on:
• how the new criminal offences and regulatory sanctions affect directors' legal duties in a distress scenario • what impact they will have on distressed M&A and the scope for restructuring distressed DB sponsors • how the new offences and sanctions interact with the new restructuring mechanisms introduced by the Corporate Insolvency and Governance Act 2020 • the outlook for restructuring and insolvency activity in 2021 and beyond.
To access the other podcasts in this series visit our Pension Schemes Act soundbites collection.
In this podcast, Samantha Brown, Partner and Regional Head of Employment, Pensions & Incentives at Herbert Smith Freehills discusses:
• the new criminal offences and civil fines contained in the Act and how concerned directors of DB sponsors and related parties should be about them • the impact that these offences and sanctions are likely to have in practice • the range of other new powers the Regulator has been given, and • when these new powers are likely to come into force.
To access the other podcasts in this series visit our Pension Schemes Act soundbites collection.
Aoife Xuereb, Senior Associate, Melbourne In this video, senior associate Aoife Xuereb discusses 5 predictions for product safety in Australia in 2021 from an enforcement and class action perspective.
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Harriet Tolkien.
You can find links to our blog posts on the cases covered in this podcast below:
• High Court considers First Tower judgment in the context of no-advice clauses and confirms UCTA does not apply https://hsfnotes.com/bankinglitigation/2020/12/09/high-court-considers-first-tower-judgment-in-the-context-of-no-advice-clauses-and-confirms-ucta-does-not-apply/
• High Court confirms current scope of Quincecare duty is limited to protecting corporate customers and does not extend to individuals https://hsfnotes.com/bankinglitigation/2021/01/26/high-court-confirms-current-scope-of-quincecare-duty-is-limited-to-protecting-corporate-customers-and-does-not-extend-to-individuals/
• High Court provides further insights on the risks of Quincecare claims against banks https://hsfnotes.com/bankinglitigation/2020/12/17/high-court-provides-further-insights-on-the-risks-of-quincecare-claims-against-banks/
• Supreme Court judgment in the KBR v SFO appeal – limits to extraterritorial impact of the SFO’s document compulsion powers https://hsfnotes.com/fsrandcorpcrime/2021/02/17/supreme-court-judgment-in-the-kbr-v-sfo-appeal-limits-to-extraterritorial-impact-of-the-sfos-document-compulsion-powers/
• Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs https://hsfnotes.com/litigation/2021/01/27/court-of-appeal-clarifies-that-cross-undertakings-should-rarely-be-required-as-a-condition-of-security-for-costs/
• Witness evidence reforms: final versions now published and will apply from 6 April https://hsfnotes.com/litigation/2021/02/02/witness-evidence-reforms-final-versions-now-published-and-will-apply-from-6-april/
• Brexit: key practical implications for disputes and dispute resolution clauses https://hsfnotes.com/litigation/2021/01/26/brexit-key-practical-implications-for-disputes-and-dispute-resolution-clauses/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
In this podcast, we reflect on the impact that Covid-19 has had on arbitration over the last year, and what we expect to change or stay the same in 2021, such as the use of new technologies, virtual hearings. We also consider various challenges posed by the pandemic, such as logistical challenges and the impact on the effectiveness of virtual hearings.
Speakers: David Gilmore, James Allsop and Joel Halliday
In this podcast, we reflect on key international arbitration updates from 2020 including new signatories to the New York Convention, changes to the LCIA and ICC Rules, and some insights on the non-interventionist approach taken by the English Courts, which is particularly relevant for London seated arbitrations - and how this impacts businesses in Japan and beyond.
Speakers: David Gilmore, Craig Shepherd, Yosuke Homma
Resources
LCIA Rules: https://hsfnotes.com/arbitration/2020/08/12/new-lcia-rules-in-force-on-1-october-2020-refreshing-the-lcias-approach/
ICC Rules: https://hsfnotes.com/arbitration/2021/01/06/new-icc-rules-2021-and-new-icc-note-to-parties-and-arbitral-tribunals-come-into-force/
Xstrata: https://hsfnotes.com/arbitration/2020/03/31/award-creditors-successfully-challenge-award-to-clarify-identity-of-a-party/
ASA v TL: https://hsfnotes.com/arbitration/2020/09/30/english-high-court-characterises-unsuccessful-challenge-to-award-under-s68-as-seeking-to-attack-an-arbitrators-findings-of-fact-and-her-evaluation-of-the-evidence-under-guis/
Alegrow: https://hsfnotes.com/arbitration/2020/07/29/english-high-court-grants-appeal-on-a-point-of-law-under-s69-arbitration-act-1996/
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.
Sarah Benbow, Partner, Melbourne Adelaide Luke, Partner, Head of Competition, Asia, Hong Kong (Singapore)
Consumer goods are often the focus of competition law enforcement activity, particularly in jurisdictions where the competition law regulator doubles as the consumer protection agency, as is the case in Australia. In this podcast, we take a look at recent enforcement patterns in Australia and across Asia, and consider the trends to come.
Kristin Stammer, Partner, Sydney
In an introduction to our video series, partner Kristin Stammer highlights the areas our Asia-Pacific Consumer team will be exploring as they discuss the trends predicted to transform the sector in 2021.
In this first edition of our insurance podcast, we look at the Supreme Court’s judgment in the FCA’s Covid-19 Business Interruption insurance test case (The Financial Conduct Authority v Arch and Others) which has been eagerly awaited by policyholders and the insurance market alike. This episode is hosted by Sarah Irons, a Professional Support Consultant in our insurance disputes team, who is joined by Paul Lewis, who led the Herbert Smith Freehills team who acted for the FCA in the test case.
You can find the links to our blog posts which cover this case below:
• Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case https://hsfnotes.com/insurance/2021/01/15/supreme-court-hands-down-judgment-in-fcas-covid-19-business-interruption-test-case/
• High Court judgment handed down in FCA’s Covid-19 Business Interruption Test Case https://hsfnotes.com/insurance/2020/09/15/judgment-handed-down-in-fcas-covid-19-business-interruption-insurance-test-case/
Don't forget to subscribe to our insurance blog https://hsfnotes.com/insurance/subscribe/
Speakers: Paul Lewis (Global Head of Insurance Disputes), Sarah Irons (Professional Support Consultant)
In this sixth episode of our series of commercial litigation update podcasts, we briefly outline the impact of Brexit on disputes and dispute resolution clauses, focusing on practical points for commercial parties. We also look at some developments on privilege and funding, as well as an update on witness evidence reform, and finally we consider the outlook for competition class actions, particularly in light of the Supreme Court decision in the Mastercard case shortly before Christmas. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Daniel Woods, a senior associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast .
• Brexit: key practical implications for disputes and dispute resolution clauses https://hsfnotes.com/litigation/2021/01/26/brexit-key-practical-implications-for-disputes-and-dispute-resolution-clauses/ • Disputes after the end of the Brexit transition period: where are we now? https://hsfnotes.com/litigation/2020/12/16/disputes-after-the-end-of-the-brexit-transition-period-where-are-we-now/ • High Court concludes no waiver of privilege resulted from negative assertions relating to legal advice https://hsfnotes.com/litigation/2021/01/06/high-court-concludes-no-waiver-of-privilege-resulted-from-negative-assertions-relating-to-legal-advice/ • Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs https://hsfnotes.com/litigation/2021/01/27/court-of-appeal-clarifies-that-cross-undertakings-should-rarely-be-required-as-a-condition-of-security-for-costs/ • Court of Appeal confirms regulations governing Damages-Based Agreements (DBAs) do not preclude terms providing for payment of time costs on termination, nor do they preclude hybrid arrangements https://hsfnotes.com/litigation/2021/01/19/court-of-appeal-confirms-regulations-governing-damages-based-agreements-dbas-do-not-preclude-terms-providing-for-payment-of-time-costs-on-termination-nor-do-they-preclude-hybrid-arrangements/ • Witness evidence reforms: final versions now published and will apply from 6 April https://hsfnotes.com/litigation/2021/02/02/witness-evidence-reforms-final-versions-now-published-and-will-apply-from-6-april/ • Supreme Court ruling in Merricks: some important clarifications but a number of unresolved issues https://hsfnotes.com/crt/2020/12/15/supreme-court-ruling-in-merricks-some-important-clarifications-but-a-number-of-unresolved-issues/ • Supreme Court remits £14bn class action against Mastercard back to Competition Appeal Tribunal for reconsideration of certification https://hsfnotes.com/crt/2020/12/11/supreme-court-remits-14bn-class-action-against-mastercard-back-to-competition-appeal-tribunal-for-reconsideration-of-certification/
As we start a new year, Stephen Wilkinson and Antonia Kirkby look back at the activity and trends in public M&A last year, and look ahead to what may happen in 2021.
They discuss: • activity levels and trends in 2020 • regulatory developments, including the changes to the Takeover Code and the merger control regime as a result of Brexit and • what they expect to see in the year ahead, including the upcoming changes to the Takeover Code and the National Security and Investment Bill.
In this second episode in our series on Pensions and ESG, Pensions Professional Support Lawyer, Tim Smith is joined by Emma Douglas, Head of DC at Legal & General Investment Management (LGIM) and they discuss:
• LGIM's approach to managing ESG risks in the context of its DC schemes and on behalf of its trustee clients • the successes that LGIM has had through its engagement with companies and what happens when engagement doesn't work • how trustees can assess whether their asset managers are taking ESG risks seriously • how prepared the industry is to set climate-related metrics and targets and to conduct scenario analysis, and • the risk of member complaints and legal challenges related to ESG issues.
To view all of the podcasts in this series click here https://hsfnotes.com/pensions/?m=podcasts. And to receive future episodes direct to your inbox subscribe to our UK pensions blog. https://hsfnotes.com/pensions/
Soundbite 3: The “memorial” approach in international arbitration
Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts.
John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.
Soundbite 5: Mediation of construction disputes between parties from different cultures
Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts.
John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.
Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts.
John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.
Speakers: Hew Kian Heong (Partner and Joint Global Head of Construction Disputes) and John Bishop (Arbitrator, Mediator, Dispute Board Member)
Soundbite 4: Use of Dispute Boards in construction projects
Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts.
John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.
Soundbite 1: Significant milestones in the development of construction law in the last 50 years
Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts.
John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.
Soundbite 2: ADR in action on the Channel Tunnel Project
Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts.
John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Harith Canna (Senior Associate, Construction), Dr Nelson Ogunshakin OBE (CEO of FIDIC)
To start off the new year, the 13 partners and more than 60 lawyers from the Australian Employment, IR and Safety team at Herbert Smith Freehills contributed their thoughts about the likely big ticket employment items in 2021. Melbourne partners Anthony Wood and Natalie Gaspar look at the top four issues we identified, and what you need to know to prepare your business.
This podcast briefing is also available to watch as a video, which you can access here: https://www.herbertsmithfreehills.com/latest-thinking/what-is-ahead-in-2021-the-top-four-issues-facing-australian-employers-this-year
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Harith Canna (Senior Associate, Construction), Dr Nelson Ogunshakin OBE (CEO of FIDIC)
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Harith Canna (Senior Associate, Construction), Dr Nelson Ogunshakin OBE (CEO of FIDIC)
James Doe and Harith Canna speak to Dr Nelson Ogunshakin OBE and find out more about his background and career, FIDIC’s response to climate change and COVID-19, FIDIC’s ‘Golden Principles’ and FIDIC 2017.
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Harith Canna (Senior Associate, Construction), Dr Nelson Ogunshakin OBE (CEO of FIDIC)
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Harith Canna (Senior Associate, Construction), Dr Nelson Ogunshakin OBE (CEO of FIDIC)
In conversation with Dana Grey, Director of Legal Compliance and Ethics at the Pension Protection Fund (PPF).
This is the first in our new series on diversity in pensions in which we will explore different aspects of diversity in the pensions industry. In this episode, Samantha Brown, Head of Employment, Pensions and Incentives at Herbert Smith Freehills, is joined by Dana Grey from the PPF who shares:
• her story and career journey to date (from 55 seconds in to around 5 minutes)
• steps the PPF is taking to promote diversity and inclusion (from around 5 minutes to 9 minutes)
• the challenges of intersectionality within professional services (from around 10 minutes to 14 minutes)
• the obstacles related to diversity and inclusion, including how the focus on diversity can lead to people feeling a sense of being "othered" (from around 15 minutes to 18 minutes)
• the importance of organisational diversity in investment decisions and how this is incorporated into the PPF's investment agenda (from around 19 minutes to around 22 minutes), and
• lessons the industry can learn from the PPF's experiences of communicating and engaging with its diverse membership (from around 23 minutes to 28 minutes).
Speakers: Samantha Brown, Head of Employment, Pensions and Incentives at Herbert Smith Freehills (host) and Dana Grey, Director of Legal Compliance and Ethics at the Pension Protection Fund.
In this podcast, we thought it would be useful for our listeners, to think about some of the key themes and risks that we expect to emerge in 2021 such as:
- the Regulator's new powers in the Pensions Schemes Bill
- the impact of Covid-19, Brexit and the economy on schemes and sponsors
- an increased focus on environmental, social and governance considerations
- developments in the de-risking space, and
- the impact of the 2nd Lloyds GMP equalisation judgment.
Speaker details - Rachel Pinto, Partner, Pensions, Herbert Smith Freehills and Michael Aherne, Of Counsel, Pensions, Herbert Smith Freehills
The “dos” and “don’ts” for experts in construction disputes
Construction Law Masters Podcast Series: EP6 - Asia Series
Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS
Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss:
• How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes
Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)
The evolving role and value of in-house legal function in Malaysian companies
Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS
Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss:
• How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes
Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)
How he came to specialise in construction law and the impact of mentorship on his career
Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS
Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss:
• How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes
Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)
Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects
Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS
Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss:
• How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes
Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)
Effective cost management in dispute resolution
Construction Law Masters Podcast Series: EP6 - Asia Series
Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS
Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss:
• How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes
Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)
Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS
Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss:
• How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes
Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)
在国家市场监督管理总局发布的《关于平台经济领域的反垄断指南（征求意见稿）》中，针对经营者通过用算法分析数据对消费者实施价格歧视的问题。这亦就是通过俗称的“大数据杀熟”去达到“千人千价”：当中既涉及反垄断问题，亦涉及数据问题。本期的反垄断百【科】，科伟律师事务所的合伙人徐明妍Frances Xu将联通史密夫斐尔北京办公室的龚钰律师James Gong及香港办公室的陈孝廉律师Howard Chan一起聊一聊“大数据杀熟”的问题。
Tokyo senior associate Joel Rheuben and EMEA Head of Competition Kyriakos Fountoukakos outline the Regulation on the Screening of Foreign Direct Investment, which became fully operational in October 2020. They provide an overview of the relationship between the screening framework established under the Regulation, and the potential impact for Asian companies investing into sensitive sectors in the EU.
Head of Competition Asia, Adelaide Luke, and London partner Mark Jephcott discuss the UK competition law system, and how it will apply to Asian companies after the expiry of the UK EU Withdrawal Agreement on 31 December 2020. Asian companies with operations in both the UK and EU should be aware that, from 2021, the two competition regimes will operate in parallel, and should note key differences.
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).
In this podcast briefing, our Employment and IR team reviewed some of the interesting aspects in the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, following its release last week.
We discuss the media reaction to date, the union demerger proposal, the impact of the changes to casual employees, criminal sanctions for underpayment, enterprise bargaining and other implications. The podcast was hosted by Partner Anthony Longland (Perth), with contributions from Partners Natalie Gaspar (Melbourne), Drew Pearson (Sydney) and Executive Counsel, Wendy Fauvel (Brisbane).
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.
The new, state-of-the-art Japan International Dispute Resolution Centre (JIDRC), officially launched in October 2020. Following the opening of the JIDRC Osaka two years ago, the launch of their new Tokyo facilities highlights Japan's continued ambitions to become a leading seat for international arbitration. David Gilmore, Craig Shepherd and James Allsop from our international arbitration practice in Japan discuss the key features of the new facility, the Japanese government's ongoing endeavours to promote Japan's popularity as a seat for international arbitration and some potential challenges it may face as it seeks to 'unseat' some of its other, perhaps more popular, international competitors.
Please also refer to our blog posts on the launch of the Tokyo and Osaka centres:
Tokyo: https://hsfnotes.com/arbitration/2020/10/27/state-of-the-art-hearing-facility-in-tokyo-officially-launches/
Osaka: https://hsfnotes.com/arbitration/2018/09/17/new-japan-international-dispute-resolution-center-open-for-business-in-osaka/
Speakers: David Gilmore (Managing Partner and Head of Japan Dispute Resolution), Craig Shepherd (Partner) and John Ribeiro (Senior Associate)
Take or pay, but at what price and when?
Speakers: Rachel Lidgate (Partner), James Robson (Senior Associate)
In the last of our "Back to basics" podcast series on the development consent regime, Lisa Bazalo and Alistair Paul of the Herbert Smith Freehills London Planning Team discuss the decision stage of the DCO application. Each episode in this series focuses on a different stage in the development consent process. Previous episodes have covered the pre-application, preparation, submission and acceptance, pre-examination and examination stages of the development consent process.
For our blog post "Planning White Paper lays foundations for a new route to housing", discussing how the development consent regime could be used to deliver housing schemes under future reforms, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/
Speakers: Lisa Bazalo, Senior Associate (New Zealand) and Alistair Paul, Associate
In the fourth of our "Back to basics" podcast series on the development consent regime, Julia McKeown and Lisa Bazalo of the Herbert Smith Freehills London Planning Team discuss the examination stage of the DCO application. Each episode in this series focuses on a different stage in the development consent process. Previous episodes have covered the pre-application, preparation, submission and acceptance, and pre-examination stages of the development consent process. The final episode will cover the decision stage.
For our blog post "Planning White Paper lays foundations for a new route to housing", discussing how the development consent regime could be used to deliver housing schemes under future reforms, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/
Speakers: Julia McKeown, Associate (New Zealand) and Lisa Bazalo, Senior Associate (New Zealand)
In the CHRISTMAS SPECIAL edition of our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions, combined with some festive cheer and a few surprises. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan, Mark Tanner and some very special guests.
You can find links to our blog posts on the cases covered in this podcast below:
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High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in Marex https://hsfnotes.com/bankinglitigation/2020/10/14/high-court-tests-newly-narrowed-scope-of-the-reflective-loss-rule-in-first-decision-since-the-supreme-courts-judgment-in-marex/
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Commercial Court considers impact of force majeure clause on repayment obligation in sale of goods contract https://hsfnotes.com/bankinglitigation/2020/11/04/commercial-court-considers-impact-of-force-majeure-clause-on-repayment-obligation-in-sale-of-goods-contract/
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High Court finds no breach of duty by bank in exercise of enforcement rights under finance agreements https://hsfnotes.com/bankinglitigation/2020/11/24/high-court-finds-no-breach-of-duty-by-bank-in-exercise-of-enforcement-rights-under-finance-agreements/
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High Court strikes out group claims in light of parallel claims overseas: good news for parent company liability claims? https://hsfnotes.com/bankinglitigation/2020/11/20/high-court-strikes-out-group-claims-in-light-of-parallel-claims-overseas-good-news-for-parent-company-liability-claims/
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Class action reform in France: Necessary, but debatable https://hsfnotes.com/bankinglitigation/2020/11/17/class-action-reform-in-france-necessary-but-debatable/
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Capital Raisings and Opportunistic M&A in a Covid-19 Environment- Lessons Learned from the Global Financial Crisis https://hsfnotes.com/bankinglitigation/2020/10/20/capital-raisings-and-opportunistic-ma-in-a-covid-19-environment-lessons-learned-from-the-global-financial-crisis/
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Beyond Brexit: Countdown to 1 January 2021 – new video briefings and podcasts available, including on jurisdiction and enforcement of judgments https://hsfnotes.com/litigation/2020/10/28/beyond-brexit-countdown-to-1-january-2021-new-video-briefings-and-podcasts-available-including-on-jurisdiction-and-enforcement-of-judgments/
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How far can UK courts depart from EU case law? https://hsfnotes.com/litigation/2020/11/24/how-far-can-uk-courts-depart-from-eu-case-law/
Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/
Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Mark Tanner (Senior Associate)
Samantha Brown and Antonia Pegden, who lead the HSF team which has been advising the Banks in connection with the GMP equalisation litigation, discuss the judgment in the second Lloyds hearing (on the need to equalise historic transfers) and consider:
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the implications for DB schemes and existing GMP equalisation projects
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what the decision means for both transferring and receiving schemes
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the judge's reasoning for finding that the trustees in this case did not benefit from any kind of discharge, and
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the implications where trustees are aware of other errors in calculating historic transfer values.
In October 2020, Indonesia’s Parliament passed the widely heralded, but controversial, Omnibus Law, which is intended to remove a plethora of complexities and red tape across a range of existing laws that are seen to hinder business efficiency in Indonesia. The Omnibus Law is anticipated to impact foreign investment in Indonesia, particularly if the complex rules around foreign ownership in the so-called “Negative Investment List” are abolished or relaxed. In this brief podcast, our Tokyo and Jakarta teams explore the key changes, impact on Japanese and multinational companies, and what this means for the "Negative List". The team will also consider recent investment trends in Indonesia post-Covid, and whether the Omnibus Law will make a difference.
Further details of the Omnibus Law can be found here: https://sites-herbertsmithfreehills.vuturevx.com/e/2iksxdes1etlng
The Takeover Panel has published a consultation paper (PCP 2020/1) in which it is proposing to amend various provisions in the Takeover Code relating to the conditions to an offer and to the offer timetable.
The key changes include:
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removing the special treatment afforded to conditions relating to clearance by the European Commission and the Competition and Markets Authority
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making it easier for parties to request a timetable freeze
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giving further guidance on when a bidder will be permitted to invoke a condition to an offer
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only allowing offers to go unconditional as to acceptances when all other conditions have been satisfied and
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introducing a long stop date on a contractual offer
In this podcast Mark Bardell and Antonia Kirkby discuss the proposed changes and what impact they may have in practice.
In this episode, Damian Grave, Elizabeth Poulos, Ante Golem and Leah Watterson discuss the rise of state-based class action regimes and highlight some of the key issues that have arisen to date.
The impact of Covid-19 on dispute resolution
Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues
Three advocacy tips for the construction arbitration practitioner
Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues
The rise of construction mediation in Hong Kong
Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues
Due process paranoia in arbitration
Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues
Construction Law Masters Podcast Series in Asia : Anselmo Reyes, International Judge
Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues
Screening of Asian investment in Europe - The European Commission’s White Paper on foreign subsidies
Asia Head of Competition Adelaide Luke and EMEA Head of Competition Kyriakos Fountoukakos provide an overview of the European Commission’s recent “White Paper on Levelling the Playing Field as regards Foreign Subsidies”. They discuss the various models under consideration for reviewing a wide range of foreign government and public body support for companies that impacts competition in the EU. If implemented, the proposals under this White Paper are likely to have a substantial impact on investment in Europe by Asian companies in particular.
Speakers: Adelaide Luke and Kyriakos Fountoukakos
Screening of Asian investment in Europe – The UK’s proposed new National Security and Investment regime
Tokyo senior associate Joel Rheuben and head of HSF’s global Foreign Direct Investment group Veronica Roberts discuss the recent bill for a new National Security and Investment screening regime in the UK. The proposed regime introduces mandatory notification requirements for investments (including minority investments) in certain key sectors, adding to the regulatory complexity for Asian companies doing deals in the UK.
Speakers: Joel Rheuben and Veronica Roberts
In the second of our "Back to basics" podcast series on the development consent regime, Charlotte Dyer and Rebecca Butterworth of the Herbert Smith Freehills London Planning Team discuss the preparation of the DCO application, as well as the submission of the application to the Planning Inspectorate and the acceptance process.
Each episode in this series focuses on a different stage in the development consent process. The previous episode, EP1, covered the pre-application stage of the development consent process. Future episodes will cover the pre-examination, examination and decision stages.
For our blog post "Planning White Paper lays foundations for a new route to housing", discussing how the development consent regime could be used to deliver housing schemes under future reforms, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/
Speakers: Charlotte Dyer, Of Counsel and Rebecca Butterworth, Associate
In the third of our "Back to basics" podcast series on the development consent regime, Rebecca Butterworth and Julia McKeown of the Herbert Smith Freehills London Planning Team discuss the pre-examination stage of the DCO application. Each episode in this series focuses on a different stage in the development consent process. Previous episodes have covered the pre-application, preparation, submission and acceptance stages of the development consent process. Future episodes will cover the examination and decision stages.
For our blog post "Planning White Paper lays foundations for a new route to housing", discussing how the development consent regime could be used to deliver housing schemes under future reforms, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/
Speakers: Rebecca Butterworth, Associate and Julia McKeown, Associate (New Zealand)
In the first of our "Back to basics" podcast series on the development consent regime, Charlotte Dyer and Alistair Paul of the Herbert Smith Freehills London Planning Team discuss the pre-application stage of the development consent process. Each episode in this series focuses on a different stage in the development consent process. Future episodes will cover the application submission, pre-examination, examination and decision stages.
For our blog post "Planning White Paper lays foundations for a new route to housing", referred to in this episode, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/
Speakers: Alistair Paul, Associate https://www.herbertsmithfreehills.com/our-people/alistair-paul and Charlotte Dyer, Of Counsel https://www.herbertsmithfreehills.com/our-people/charlotte-dyer
In this fifth episode of our series of commercial litigation update podcasts, we briefly outline the state of play for Brexit as it affects litigation in the English courts. We also look at some developments since our last update relating to the disclosure pilot, witness evidence reform and remote hearings, and finally we look at some developments relating to so-called “class action tourism” where group claims are pursued against large multinational companies in the English courts in relation to alleged acts or omissions of their subsidiaries abroad, often relating to environmental or human rights issues. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Joanne Keillor, a senior associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast .
• Article published – Jurisdiction clauses and service out post-Brexit: a welcome rule change https://hsfnotes.com/litigation/2020/11/12/article-published-jurisdiction-clauses-and-service-out-post-brexit-a-welcome-rule-change/
• Webinar on jurisdiction and enforcement issues https://hsf.vids.io/videos/ac9cd7b81f14e9c725/brexit-training-recording-jurisdiction-and-enforcement
• Article published – Disclosure Pilot Scheme: a potential way forward? https://hsfnotes.com/litigation/2020/09/30/article-published-disclosure-pilot-scheme-a-potential-way-forward/
• Article published – Preparing witness evidence: significant changes proposed for Business and Property Courts https://hsfnotes.com/litigation/2020/09/24/article-published-preparing-witness-evidence-significant-changes-proposed-for-business-and-property-courts/
• Lord Chief Justice’s Report 2020: courts in strong position despite pandemic https://hsfnotes.com/litigation/2020/11/04/lord-chief-justices-report-2020-courts-in-strong-position-despite-pandemic/
• High Court strikes out claims against BHP as an abuse of process in light of parallel claims in Brazil https://hsfnotes.com/litigation/2020/11/17/high-court-strikes-out-claims-against-bhp-as-an-abuse-of-process-in-light-of-parallel-claims-in-brazil/
• Court of Appeal confirms English Court lacks jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad https://hsfnotes.com/litigation/2018/02/19/court-of-appeal-confirms-english-court-lacks-jurisdiction-over-claims-against-uk-domiciled-parent-company-in-relation-to-acts-of-subsidiary-abroad/
In episode 2 of our 2020 Global Bank Review podcast Timothy Stutt, Rebecca Perlman and Leonie Timmers, senior associates at Herbert Smith Freehills, discuss some of the environmental, social and governance factors impacting banks across the globe and the opportunities that they present.
In this episode, Jason Betts, Ruth Overington and Peter Butler discuss the interrelationship between regulatory activity and class action activity and the strategic matters to consider when responding to investigations in this context.
On 11 November 2020 the UK Government introduced the National Security and Investment Bill to Parliament, setting out significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of tightening of foreign direct investment (FDI) regimes globally. Our Tokyo and London teams summarise the key changes and takeaways for Japanese and foreign investors in this podcast, with a short summary introduction in Japanese.
The key points are also summarised in this slide deck: https://sites-herbertsmithfreehills.vuturevx.com/113/24135/landing-pages/uk-new-national-security-and-investment-regime-(nov-2020).pdf
Speakers: Graeme Preston (Asia and Japan Head of Corporate), Veronica Roberts (Partner, London), Joel Rheuben (Senior Associate, Tokyo)
In our final Safety Leadership Series briefing for the year, we discussed workplace mental health and wellbeing, and what businesses can learn from recent research on mental health literacy. Partner Anna Creegan hosted the session, in conversation with Dr Ali Burston (MAPS, PSIOPA), an AHPRA Endorsed Organisational Psychologist and the founder and Managing Director of Perth-based consulting firm, Metisphere. During this session we discussed Dr Burston’s research into managing mental health in the workplace, trends and key findings on workplace mental health, as well as and managing mental health as a safety issue and strategies for organisational improvement.
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.
In episode 1 of our 2020 Global Bank Review podcast, Alex Cravero, Digital Law Lead – UK/US & EMEA at Herbert Smith Freehills, is joined by partner Caroline Rae and senior associates Terence Lau, Wendy Saunders and Rich Woods to explore the various strategies that financial institutions may use to source technology capability and accelerate their digital transformation.
In the first of our Fintech 2021 podcasts, Rich Woods, Mike Carter and Marsha Williamson discuss what is in store for the Fintech sector in 2021.
They cover the ongoing impact of the Covid crisis, the availability of VC funding, and the potential for further consolidation.
Rich Woods is a senior associate in the corporate team at Herbert Smith Freehills LLP, specialising in Fintech. Mike Carter is Executive Chairman of The Money Platform and leads the Article 36H Group at Innovate Finance. Marsha Williamson is Head of Legal at 11:FS.
In the latest episode of our Public Law Podcast, Andrew Lidbetter, Nusrat Zar and Jasveer Randhawa discuss and debate the Government’s Independent Review of Administrative Law and the Ministry of Justice’s related Call for Evidence, to which Herbert Smith Freehills has recently responded.
You can read more about the issues discussed in this episode in the following blog posts:
• Government launches panel to consider the judicial review process https://hsfnotes.com/publiclaw/2020/08/03/government-launches-panel-to-consider-the-judicial-review-process/ • Government’s terms of reference for review of the judicial review process https://hsfnotes.com/policymatters/2020/08/28/governments-terms-of-reference-for-review-of-the-judicial-review-process/ • HSF responds to the Call for Evidence for the Government’s Independent Review of Administrative Law https://hsfnotes.com/publiclaw/2020/10/27/hsf-responds-to-the-call-for-evidence-for-the-governments-independent-review-of-administrative-law/
Adelaide Luke, Partner and Asia Head of Competition and Hiswara Bunjamin & Tandjung partner Sakurayuki discuss recent amendments to Indonesia's competition law rules and its proposed new legislation. Hiswara Bunjamin & Tandjung is Herbert Smith Freehills' longstanding associate firm in Indonesia. This episode provides a broad overview of the rapidly changing competition law landscape in Indonesia and the direction of future reform.
Adelaide Luke, Partner and Asia Head of Competition and Frasers Law Company partner Justin Gisz discuss the newly enacted Vietnamese Competition Law, which is anticipated to lead to a new era of competition law enforcement in Vietnam. Frasers Law Company is an independent, full service commercial law firm based in Vietnam. This episode provides a practical overview of the new law, including the implications for merger control.
Adelaide Luke, Partner and Asia Head of Competition and Tokyo senior associate Joel Rheuben review the current state of competition law enforcement in Southeast Asia, and take a closer look at Thailand, where the competition law regime has changed significantly. This episode is a good starting point for understanding why and how Southeast Asia is an increasingly important region for deal and competition compliance planning.
Adelaide Luke, Partner and Asia Head of Competition and Prolegis Managing Director Ban Leong Oo discuss the competition law landscape in Singapore and look at the Competition & Consumer Commission of Singapore, regarded as one of the most active and sophisticated regulators in the region. Prolegis is Herbert Smith Freehills' formal foreign law alliance partner in Singapore. This episode explains why companies doing business in the region should pay attention to the Singaporean regime.
Interview with Peter Hall, President of EMEA, Informa Markets
Speakers: Stuart Paterson, Partner, Herbert Smith Freehills LLP and Peter Hall, President of EMEA, Informa Markets
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 our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Georgia Nickson.
You can find links to our blog posts on the cases covered in this podcast below:
Court of Appeal upholds High Court’s decision on the preferred contractual construction of a term in an exclusion clause https://hsfnotes.com/bankinglitigation/2020/09/25/court-of-appeal-upholds-high-courts-decision-on-the-preferred-contractual-construction-of-a-term-in-an-exclusion-clause/
Commercial Court grants declaratory relief to bank relating to its rights under the 1992 ISDA Master Agreement https://hsfnotes.com/bankinglitigation/2020/09/29/commercial-court-grants-declaratory-relief-to-bank-relating-to-its-rights-under-the-1992-isda-master-agreement/
High Court strikes out two IRHP mis-selling claims on the grounds of abuse of process, limitation and underdeveloped allegations of fraud https://hsfnotes.com/bankinglitigation/2020/09/22/high-court-strikes-out-two-irhps-mis-selling-claims-on-the-grounds-of-abuse-of-process-limitation-and-underdeveloped-allegations-of-fraud/
High Court refuses to strike out Quincecare duty claim against a PSP where its customer was hijacked by fraudsters https://hsfnotes.com/bankinglitigation/2020/09/23/high-court-refuses-to-strike-out-quincecare-duty-claim-against-a-psp-where-its-customer-was-hijacked-by-fraudsters/
Banking Litigation Podcast Episode 13: Monthly Update - November 2019 (in which we covered Singularis Holdings Ltd v Daiwa Capital Markets [2019] UKSC 50)https://hsfnotes.com/bankinglitigation/2019/12/02/banking-litigation-podcast-episode-13-monthly-update-november-2019/
High Court considers Quincecare and dishonest assistance claims against bank in context of Ponzi scheme https://hsfnotes.com/bankinglitigation/2020/09/21/high-court-considers-quincecare-and-dishonest-assistance-claims-against-bank-in-context-of-ponzi-scheme/
High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege https://hsfnotes.com/litigation/2020/09/17/high-court-finds-no-need-to-enquire-into-qualifications-of-foreign-lawyer-in-applying-english-law-privilege/
Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/
Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Georgia Nickson (Associate)
Decommissioning obligations: the way forward
Speakers: Irina Akentjeva (Of Counsel), Susan Field (Senior Associate)
Hosted by Herbert Smith Freehills Partner Kristin Stammer, John Laing, leading Consumer Sector Associate Partner at McKinsey discusses the learnings from the continuing impact of COVID-19 to prevent further supply chain shock and build resilient supply chains of the future, followed by environment and social governance issues and perspectives from China with Tim Stutt, Australian ESG Lead and Nanda Lau, Partner from Herbert Smith Freehills.
Join the conversation in Episode 10, as Christine Tran, Aoife Xuereb and Maxwell Herman compare and contrast the US and Australian class action environments, and reference products and securities litigation in both jurisdictions.
Impact on multinational businesses operating in China
Speakers: Nanda Lau, Partner and Damien Roberts, Partner
In this podcast, Julie Farley, Professional Support Lawyer in the London corporate division at Herbert Smith Freehills, looks at the implications of the end of the status quo transition on contract law with a recap of some of the interpretation issues that arise from Brexit and an outline of some key considerations when reviewing existing contracts and drafting new contracts.
Brexit is likely to place a number of stresses on the media and entertainment industry with the potential loss of the current favourable regulatory regime and the wider issues of loss of access to talent/funding. Hayley Brady, Head of Media and Digital at Herbert Smith Freehills, explores the impact of Brexit on the regulated media and entertainment sector, particularly given the new Audio-Visual Media Services Directive that was due to be transposed into national law in September 2020.
In this podcast, Maura McIntosh, Professional Support Consultant at Herbert Smith Freehills, looks at the implications for questions of jurisdiction and the enforcement of judgments between the UK and the EU as we approach the end of the Brexit transition period, and considers practical steps that commercial parties can take to reduce the risks.
In this podcast, David Andrews, Senior Associate at the Technology, Media and Telecommunications team at Herbert Smith Freehills, considers some of the key implications of the end of the transition period for the technology sector and telecommunications, including the impact on roaming sur-charges for UK customers, some of the main propositions in the EU-UK draft FTAs and the implementation of the European Electronic Communications Code in the UK.
In this podcast briefing, our Safety team reviewed the key developments in health and safety during 2020.
During this session they shared our health and safety insights from 2020, including in relation to Australia’s industrial manslaughter laws and the latest prosecutions, Covid-19 and working from home and return to work WHS considerations, the recent draft WHS Code of Practice, and other key case law and legislative developments.
In support of the National Breast Cancer Foundation, our Catalyst Webinar 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 slide here - https://sites-herbertsmithfreehills.vuturevx.com/20/21553/landing-pages/nbcf-pink-ribbon-prof-otoole.pdf
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 slide here - https://sites-herbertsmithfreehills.vuturevx.com/20/21553/landing-pages/pink-ribbon-dr-king.pdf
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. - https://shoutforgood.com/fundraisers/herbertsmithfreehillsPRB
In this podcast, Dorothy Livingston, Consultant, and Sahil Kher, Associate, both members of our dedicated Beyond Brexit team at Herbert Smith Freehills, give an overview of retained EU law which will, after the end of 2020, continue or replace EU derived law and EU directly effective law currently applicable in the UK. Sahil also discusses some changes and restrictions on claims that can be brought in the UK after 31 December 2020 based on EU law and Dorothy comments on the ways that UK courts may depart from EU case law.
In this podcast, Eric White, Consultant at Herbert Smith Freehills’ trade practice, looks at some of the changes that will take place after 31 December 2020 in relation to goods and services and in particular the impact on custom duties, border formalities and behind the border rules, services, governance and state aid.
In this podcast, Miriam Everett, Partner and Global Head of Data and Privacy at Herbert Smith Freehills, looks at the implications of the end of the status quo transition on data protection and in particular the effect on international transfers of data between the EU and the UK, if the UK does not obtain an adequacy decision from the EU Commission prior to 1 January 2021.
In this podcast, Aurell Taussig, Partner in the Tax practice at Herbert Smith Freehills, looks at some of the principal UK tax implications arising at the end of the Brexit transition period, including VAT and direct tax consequences.
In this podcast, Rachel Montagnon, Professional Support Consultant in Intellectual Property at Herbert Smith Freehills, looks at the implications of the end of the status quo transition period for intellectual property rights, including exhaustion of rights and the impact on pan-European patent litigation.
In this podcast, Emma Chatenay, International Mobility Manager at Herbert Smith Freehills, outlines some of the key people and mobility considerations as we approach the end of the transition period, including the EU Settlement Scheme, business travel and the new UK immigration system.
Paula Hodges QC (Partner, Global Head of International Arbitration, London), Nicholas Peacock (Partner, London) and Nihal Joseph (Associate, London) discuss how the New York Convention actually works and what the latest state of play is as regards signatories.
Exploring Opportunities: M&A: Merger Control, Foreign Investment Controls and the Regulators - Ten Considerations
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. https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series
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 Rae and 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.
In episode 1 of our Future Cities podcast, Matthew White and Nicholas Carney, partners of Herbert Smith Freehills, are joined by special guests Amy Brown from the New South Wales Department of Premier and Cabinet and Alex Williams from Transport for London to bring you real life perspectives on how two of our global cities, London and Sydney, are responding to the Covid-19 pandemic.
We discuss the key takeaways and changes following the release of the ICC’s 2021 Arbitration Rules in draft as a “soft launch” prior to their formal release in December and them coming into force on 1 January 2021
Speakers: Craig Tevendale (Partner, UK Head of International Arbitration), Thierry Tomasi (Partner, International Arbitration) and Vanessa Naish (Professional Support Consultant)
The Covid-19 pandemic has hit a huge number of businesses and they will be exploring various options to repair their balance sheet or protect their business. Those options might include seeking a full takeover or finding a cornerstone investor for the company. In each case, if the company is governed by the UK Takeover Code, the Code might be engaged and have an impact on the transaction.
In this episode of our public M&A podcast series, we look at when and how the Code might apply in a distressed situation, and what relaxations from the usual Code rules may be available.
Speakers: Antonia Kirkby, Professional Support Lawyer Greg Mulley, Partner
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.
In this episode, Peter Holloway, Harry Edwards and Leah Watterson discuss and address common misconceptions and misunderstandings about aspects of the class action regime.
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. https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series
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 Rae and she is joined by Greg Mulley and Kevin Pullen of 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. http://insights.hsf.com/catalyst-exploring-opportunities-investments-and-acquisitions/p/1
Recent trends and developments
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)
The current state of play in dispute resolution
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)
Impact of COVID-19 on engineering and construction projects
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)
Role as Chair of the Bar of England and Wales
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)
Minority representation in the profession
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)
James Doe and Olivia Liang interview – Chantal-Aimée Doerries QC, Head of Atkin Chambers. She joins us to discuss:
• The current state of play in dispute resolution • Her practice and views on the future • Recent trends and developments • Impact of COVID-19 on engineering and construction projects • Her role as Chair of the Bar of England and Wales • Her role as Head of Atkin Chambers • Minority representation in the profession
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)
Role as Head of Atkin Chambers
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)
Views on the future
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)
In this fourth episode of our series of commercial litigation update podcasts, we look at a variety of cases and developments, including an update on the disclosure pilot and proposals in relation to witness statements. We also look at recent cases on privilege, witness evidence, access to court documents, claim notices and freezing injunctions. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Kevin Kilgour, a senior associate.
You can find links to our blog posts on the developments and cases covered in this podcast below.
• Judicial Update on operation of the Disclosure Pilot Scheme https://hsfnotes.com/litigation/2020/09/22/judicial-update-on-operation-of-the-disclosure-pilot-scheme/ • Commercial Court 125 virtual seminar: insights on virtual hearings, the disclosure pilot and witness evidence reform https://hsfnotes.com/litigation/2020/09/08/commercial-court-125-virtual-seminar-insights-on-virtual-hearings-the-disclosure-pilot-and-witness-evidence-reform/ • High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege https://hsfnotes.com/litigation/2020/09/17/high-court-finds-no-need-to-enquire-into-qualifications-of-foreign-lawyer-in-applying-english-law-privilege/ • Split trials, supplemental statements and the need for relief from sanctions https://hsfnotes.com/litigation/2020/08/13/split-trials-supplemental-statements-and-the-need-for-relief-from-sanctions/ • High Court interprets Supreme Court guidance and refuses further provision of trial documents to non-party https://hsfnotes.com/litigation/2020/07/30/high-court-interprets-supreme-court-guidance-and-refuses-further-provision-of-trial-documents-to-non-party/ • High Court rejects indemnity claim under SPA due to a failure to notify the claim “as soon as possible” https://hsfnotes.com/litigation/2020/06/26/high-court-rejects-indemnity-claim-under-spa-due-to-a-failure-to-notify-the-claim-as-soon-as-possible/ • High Court rules claims notice invalid for failure to specify with sufficient detail the matter giving rise to the claim https://hsfnotes.com/litigation/2020/09/07/high-court-rules-claims-notice-invalid-for-failure-to-specify-with-sufficient-detail-the-matter-giving-rise-to-the-claim/ • Court of Appeal clarifies whether a fledgling business can be pursued when a freezing injunction has been ordered https://hsfnotes.com/cf/2020/09/10/court-of-appeal-clarifies-whether-a-fledgling-business-can-be-pursued-when-a-freezing-injunction-has-been-ordered/ • Post-judgment worldwide freezing order granted against defendant who had advanced a fabricated defence at trial https://hsfnotes.com/cf/2020/09/10/post-judgment-worldwide-freezing-order-granted-against-defendant-who-had-advanced-a-fabricated-defence-at-trial/
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Scott Warin.
You can find links to our blog posts on the cases covered in this podcast below:
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Court of Appeal upholds High Court decision to grant summary judgment in FX de-pegging case https://hsfnotes.com/bankinglitigation/2020/08/18/court-of-appeal-upholds-high-court-decision-to-grant-summary-judgment-in-fx-de-pegging-case/
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High Court says bank need not comply with numerous and repetitive DSARs which were being used for a collateral purpose https://hsfnotes.com/bankinglitigation/2020/09/24/high-court-says-bank-need-not-comply-with-numerous-and-repetitive-dsars-which-were-being-used-for-a-collateral-purpose/
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The Tesco Litigation: lessons learned from split trial orders in the context of securities class actions https://hsfnotes.com/bankinglitigation/2020/08/13/the-tesco-litigation-lessons-learned-from-split-trial-orders-in-the-context-of-securities-class-actions/
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High Court strikes out claimants’ representative action due to failure to meet “same interest” requirement under CPR 19.6 https://hsfnotes.com/bankinglitigation/2020/08/27/high-court-strikes-out-claimants-representative-action-due-to-failure-to-meet-same-interest-requirement-under-cpr-19-6/
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Judgment handed down in FCA’s COVID-19 business interruption insurance test case https://hsfnotes.com/insurance/2020/09/15/judgment-handed-down-in-fcas-covid-19-business-interruption-insurance-test-case/
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Singapore Convention on Mediated Settlement Agreements comes into force tomorrow, 12 September 2020 https://hsfnotes.com/adr/2020/09/11/singapore-convention-on-mediated-settlement-agreements-comes-into-force-tomorrow-12-september-2020/
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Webinar Available: Dispute Resolution Choices for Banks and Financial Institutions – Maximising the Chances of Successful Enforcement https://hsfnotes.com/bankinglitigation/2020/09/28/new-webinar-available-dispute-resolution-choices-for-banks-and-financial-institutions-maximising-the-chances-of-successful-enforcement/
Don't forget to subscribe to the banking litigation blog.
Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Scott Warin (Associate)
Supply chains in times of disruption: market reactions and the way forward
Speakers: Craig Shepherd (Partner), Emma Schaafsma (Partner), Karan Talwar (Associate)
In this podcast, Ashley Hamilton-Claxton, Head of Responsible Investment at Royal London Asset Management, shares her:
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views on how pension schemes and asset managers are responding to recent legal and regulatory changes relating to pensions and ESG
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insights on how attitudes to ESG risks are being affected by Covid-19
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tips on how trustees should go about preparing their new investment implementation statements
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expectations for how this area is likely to develop in the coming years, and
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thoughts on what the DWP's proposed new requirements regarding climate-relate risks would mean for trustees and asset managers.
Speakers: Tim Smith, Professional Support Lawyer, Herbert Smith Freehills and Ashely Hamilton-Claxton, Head of Responsible Investment at Royal London Asset Management
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 (https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series).
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.
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. https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series
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 [https://www.herbertsmithfreehills.com/our-expertise/services/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
Operator obligations: "reasonable and prudent" in challenging circumstances
Speakers: Tomas Furlong (Partner, Dispute Resolution), Irina Akentjeva (Of Counsel, Corporate), Mitchell Dearness (Associate, Dispute Resolution)
Consumer sector companies are regularly changing and it is interesting to look ahead to see what the future consumer sector company will look like. A number of themes such as digital transformation have been accelerated by the impact of Covid-19. Other themes are emerging with the increasing importance of trust – in products, people, places and technology. Thomas Rüdiger Smith, leading Consumer Sector Associate Partner at McKinsey shares his findings with host Kristin Stammer, Partner and Consumer Sector Lead at Herbert Smith Freehills. Thomas is followed with insights from Herbert Smith Freehills partners, Peter Jones on tech transformation and Natalie Gaspar on workplace issues for consumer sector companies.
In this episode, Ante Golem, Cameron Hanson and Gregg Rowan discuss the important considerations that help to inform the settlement of a class action, including the preparation for virtual mediations given current Covid-19 restrictions.
In our Corporate Crime & Investigations podcast we look to bring you timely and incisive commentary on key developments in the CC&I space.
In this third episode we discuss recent activity regarding Deferred Prosecution Agreements (DPAs). We focus specifically on three DPAs secured by the Serious Fraud Office (SFO) involving Guralp Systems, Airbus and G4S Care and Justice Services.
Speakers: Kate Meakin, Partner and Stephen Thomson, Senior Associate (Australia and New Zealand)
Further information: - CC&I Podcast Episode 1 on DPAs, including the DPA between the SFO and a company from the Serco Group https://hsfnotes.com/fsrandcorpcrime/2019/08/07/corporate-crime-investigations-podcast-episode-1-deferred-prosecution-agreements/
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Our blog post on the Guralp Systems DPA https://hsfnotes.com/fsrandcorpcrime/2020/01/06/sfo-secures-sixth-dpa/
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Our blog post on the Airbus DPA https://hsfnotes.com/fsrandcorpcrime/2020/02/10/airbus-and-sfo-enter-into-uks-largest-deferred-prosecution-agreement/
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Our blog post on the G4S DPA https://hsfnotes.com/fsrandcorpcrime/2020/08/10/g4s-dpa-sfo-secures-second-dpa-of-2020/
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Our webinar on DPAs, anti-bribery and corruption from UK, US, French and South African perspectives https://event.on24.com/eventRegistration/console/EventConsoleApollo.jsp?&eventid=2421280&sessionid=1&username=&partnerref=&format=fhaudio&mobile=&flashsupportedmobiledevice=&helpcenter=&key=C4BA4599943CFF7593A2C06ECD692233&newConsole=false&nxChe=true&text_language_id=en&playerwidth=748&playerheight=526&eventuserid=347130857&contenttype=A&mediametricsessionid=295511081&mediametricid=3424320&usercd=347130857&mode=launch
In this episode we discuss the most recent employment and IR issues and developments for HR practitioners and general counsel. Our panel canvass the lessons and insights they have been sharing with clients during this most uncertain economic period in a generation. We provide an update on COVID-19 and JobKeeper, how the federal governments IR reform is progressing, the recent state government ‘wage theft’ reforms, and the recent Report on workplace sexual harassment inquiry. The podcast was hosted by partner Anthony Longland in conversation with partners Kirsty Faichen (QLD), Natalie Gaspar (VIC), Drew Pearson (NSW) and Anthony Wood (VIC).
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. https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series
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. https://insights.hsf.com/catalyst-exploring-opportunities-investments-and-acquisitions/p/1
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 Bouvet and 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.
We discuss the background to and contents of this guide, prepared to help our clients understand the ways in which Russian law restricts the choice of law in contracts and the types of dispute resolution mechanisms that can be used for Russia-related commercial contracts.
Speakers:
Nick Peacock, Partner, International Arbitration – London Jeremy Garson, Partner, Dispute Resolution – London Maria Dolotova, Of Counsel, Dispute Resolution – Moscow Ivan Teselkin, Senior Associate, Dispute Resolution - Moscow
Addressing a failure to provide funding and avoiding the splintering of a JV
Speakers: Paula Hodges QC (Partner, Global Head of International Arbitration), Maguelonne de Brugiere (Senior Associate)
Misalignment on expenditure – partner funding and sole risk
Speakers: Chris Parker (Partner) and Charlie Morgan (Senior Associate)
In this episode, our financial services regulation expert Fiona Smedley joins Ruth Overington, Christine Tran and Elizabeth Poulos to discuss the controversial new funding regulations applicable to litigation funding schemes used in class actions and its potential impact on class action proceedings.
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.
What is oversailing, and why does it matter? Kathryn Oie and Fiona Sawyer discuss what permissions and consents might be needed to oversail, what variations there are on oversailing, such as undersailing, and what can be done where it’s not possible to get the relevant consents.
Speakers: Kathryn Oie, Of Counsel, Real Estate, London and Fiona Sawyer, Professional Support Lawyer, Planning, London
We have seen shareholders influence the outcome of a bid in a number of ways recently, including:
• agitating for a bid; • blocking a bid; • challenging a scheme at the sanction hearing; and • bumpitrage.
In the latest episode in our public M&A podcast series, we look at the different tactics shareholders may use and what bidders and targets can do to protect a deal.
Speakers: Harriet Forrest and Antonia Kirkby
In our latest podcast, Deputy Head of Global Arbitration Andrew Cannon and Professional Support Consultant Vanessa Naish analyse the revisions and highlight the more significant changes in the recently released LCIA Rules 2020.
Speakers: Andrew Cannon, Deputy Head of Global Arbitration Vanessa Naish, Professional Support Consultant
In our sixth episode, The Hon Justice Jonathan Beach of the Federal Court, Damian Grave and Stefanie Wilkinson discuss the Myer shareholder class action. The class action against Myer was the first shareholder class action in Australia to proceed to judgment. Justice Beach was the Trial Judge in that class action and in this podcast we explore some of the issues in that case and with shareholder class actions in Australia.
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Ajay Malhotra.
You can find links to our blog posts on the cases covered in this podcast below:
Untangling, but not killing off, the Japanese knotweed: Supreme Court confirms existence and scope of “reflective loss” rule https://hsfnotes.com/bankinglitigation/2020/07/20/untangling-but-not-killing-off-the-japanese-knotweed-supreme-court-confirms-existence-and-scope-of-reflective-loss-rule/
High Court requires claimant investors to disclose their investment history to show their level of sophistication and appetite for risk https://hsfnotes.com/bankinglitigation/2020/08/05/high-court-requires-claimant-investors-to-disclose-their-investment-history-to-show-their-level-of-sophistication-and-appetite-for-risk/
High Court finds no duty of care owed for late execution of orders due to unforeseen market turbulence https://hsfnotes.com/bankinglitigation/2020/07/31/high-court-finds-no-duty-of-care-owed-for-late-execution-of-orders-due-to-unforeseen-market-turbulence/
Default judgment set aside where claim served at closed offices during COVID-19 lockdown https://hsfnotes.com/litigation/2020/07/06/default-judgment-set-aside-where-claim-served-at-closed-offices-during-covid-19-lockdown/
Part 36 offer to accept 0.3% less than total amount claimed constituted genuine offer to settle https://hsfnotes.com/litigation/2020/07/14/part-36-offer-to-accept-0-3-less-than-total-amount-claimed-constituted-genuine-offer-to-settle/
Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/
Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Ajay Malhotra (Senior Associate)
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.
How investment treaties can protect foreign investments against State action
Even investments into relatively stable jurisdictions may be affected by changes in the political and financial landscape. No investor can completely insulate their investment from such changes, but access to an investment treaty can be critical for investors.
Speakers: Andrew Cannon, Partner, Co-Head of Public International Law Laurence Franc-Menget, Partner, Public International Law Hannah Ambrose, Senior Associate, Public International Law
Episode 3: The biodiversity gain objective and urban greening in London
Speakers: Martyn Jarvis, Senior Associate Fiona Sawyer, Professional Support Lawyer
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?’
Episode 2: Achieving the biodiversity gain objective
Speakers: Martyn Jarvis, Senior Associate Fiona Sawyer, Professional Support Lawyer
Class Action Fireside EP5: Product liability class actions by Herbert Smith Freehills Podcasts
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Catherine Bagge.
You can find links to our blog posts on the cases covered in this podcast below:
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High Court takes robust approach to personal guarantees: potential impact for accredited lenders under the Coronavirus Business Interruption Loan Schemes https://hsfnotes.com/bankinglitigation/2020/07/07/high-court-takes-robust-approach-to-personal-guarantees-potential-impact-for-accredited-lenders-under-the-coronavirus-business-interruption-loan-schemes/
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Court of Appeal confirms borrower’s right to withhold payment under English law Tier 2 Capital facility agreement where risk of US secondary sanctions https://hsfnotes.com/bankinglitigation/2020/07/14/court-of-appeal-confirms-borrowers-right-to-withhold-payment-under-english-law-tier-2-capital-facility-agreement-where-risk-of-us-secondary-sanctions/
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Privilege in the context of regulatory investigations: latest guidance from the High Court https://hsfnotes.com/bankinglitigation/2020/06/15/privilege-in-the-context-of-regulatory-investigations-latest-guidance-from-the-high-court/
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High Court takes expansive view of when reference to legal advice may result in broader waiver https://hsfnotes.com/bankinglitigation/2020/06/12/high-court-takes-expansive-view-of-when-reference-to-legal-advice-may-result-in-broader-waiver/
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Untangling, but not killing off, the Japanese knotweed: Supreme Court confirms existence and scope of “reflective loss” rule https://hsfnotes.com/bankinglitigation/2020/07/20/untangling-but-not-killing-off-the-japanese-knotweed-supreme-court-confirms-existence-and-scope-of-reflective-loss-rule/
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UK Government announces LIBOR legislative fix: summary of proposals and our initial observations https://hsfnotes.com/bankinglitigation/2020/06/29/uk-government-announces-libor-legislative-fix-summary-of-proposals-and-our-initial-observations/
Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/
Whilst the Covid-19 pandemic has meant that we have seen a drop off in public M&A activity in the UK, as prices stabilise and activity picks up again, we expect to see financial buyers, such as private equity and sovereign wealth funds, leading the way.
In this podcast we discuss some of the features of a public M&A transaction in the UK that they may find challenging or unfamiliar, including rules around:
• secrecy • management incentivisation and • acting in concert.
Speakers: Antonia Kirkby and Lucy Robson
Nearly all Australian States and Territories have approached the law around Workplace Manslaughter differently, in a further departure from the proposed ‘harmonisation’ of safety laws. The introduction of these very serious criminal offences is the topic of discussion in boardrooms, executive teams and across the safety profession. Our latest podcast provides a national snapshot of the state of these laws. Our safety leaders in each of our Australian offices, Partners Steve Bell (VIC) Anna Creegan (WA), Aaron Anderson (QLD) and Special Counsel, Nerida Jessup (Sydney), together share the lessons and insights we have been sharing with clients in these significant developments.
Part 2: Are there signs of judicial questioning of the prevention principle?
Multiplex v Honeywell (1997) remains the orthodox view, but there have been flashes of dissent. Are these signs of a more serious judicial questioning of the prevention principle, or just isolated comments?
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Lucinda Hill (Associate, Construction & Infrastructure Disputes), Thomas Lazur (Keating Chambers)
Part 4: Offshore construction contracts: a different context and a fear of time at large
The prevention principle and concept of time at large have developed in the context of traditional construction contracts and the principle has been confirmed as applying (in least in theory) in the context of shipbuilding contracts. Is there a resistance to the emergent orthodoxy in the shipbuilding industry? Is there any good reasons why offshore construction or ship building contracts should be treated differently when it comes to the prevention principle?
James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Lucinda Hill (Associate, Construction & Infrastructure Disputes), Thomas Lazur (Keating Chambers)
Part 1: The development of the prevention principle and the concept of “time at large”
Was the judgment of Mr Justice Jackson a summation of existing law, or did it actually create new law? Did this judgment actually define the prevention principle orthodoxy?
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Lucinda Hill (Associate, Construction & Infrastructure Disputes), Thomas Lazur (Keating Chambers)
Part 3: Does the passing of the high water mark of prevention principle open the door to a more comprehensive challenge to the scope of the prevention principle?
There have been attempts by some to characterise the prevention principle as some irreproachable principle of law. This has now been dismissed but does this open the door to a more comprehensive challenge to the scope of the prevention principle?
James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Lucinda Hill (Associate, Construction & Infrastructure Disputes), Thomas Lazur (Keating Chambers)
Episode 1: Biodiversity gain as a condition of planning permission
Speakers: Martyn Jarvis, Senior Associate Fiona Sawyer, Professional Support Lawyer
Allocating contractual risk and reward with host states in challenging times
Speakers: Craig Tevendale (Partner, Head of International Arbitration London and UK Head of Energy), Chris Parker (Partner, International Arbitration), Charlie Morgan (Senior Associate, International Arbitration)
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. https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series
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 this series we interview experts across the Middle East to gain their views and experiences on how to grow, protect and ultimately thrive in today’s evolving business environment.
Episode 1: Interview with Aaditya Saarna, Managing Director of United World Infrastructure. Aaditya shares his views on urbanisation, smart cities and the future of the sector.
Speakers: Zubair Mir, Managing Partner - Middle East, Herbert Smith Freehills Aaditya Saarna, Managing Director, United World Infrastructure
In this latest podcast exploring key Foreign Direct Investment topics, Herbert Smith Freehills joined forces with Global Counsel and Fingleton in an exclusive webinar with Lord Mandelson (former European Trade Commissioner and British First Secretary of State, Chairman of Global Counsel) chairing a discussion with John Fingleton (former CEO of the Office of Fair Trading and founder of Fingleton) and James Palmer (Chair and Senior Partner, Herbert Smith Freehills LLP) on the Government's soon to be published National Security and Investment Bill, which will introduce a new foreign investment regime in the UK.
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 COVID-19 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)
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. www.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)
James Doe and Emma Kurtovich speak to Professor David Mosey, Director of the Centre of Construction Law and Dispute Resolution at Kings College London about whether particular problems during procurement can make disputes more likely and the future of collaborative contracting.
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Emma Kurtovich (Senior Associate, Construction & Infrastructure Disputes), Professor David Mosey (King's College London)
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 COVID-19 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)
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. www.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 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 COVID-19 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)
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. www.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)
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. https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series
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:
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Philip Collins, Columnist at The Times and former chief speech writer to Tony Blair; and https://www.thedraftwriters.com/
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Will Martindale, Director of Policy & Research at the UN Principles for Responsible Investment. https://www.linkedin.com/in/will-martindale-7b21a727/?originalSubdomain=uk
In advance of the episode, we would recommend reading this piece https://medium.com/@thedraftwriters/what-next-1fb801b3ac46 co-authored by Mr Collins with his colleagues at The Draft https://www.thedraftwriters.com/. 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.
In this episode, our expert panel, including Peter Butler, Alan Mitchell and Leah Watterson, share their thoughts on what’s next for class actions, having regard to emerging trends, the current economic climate and Covid-19.
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. https://www.herbertsmithfreehills.com/latest-thinking/catalyst
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.
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. https://www.herbertsmithfreehills.com/latest-thinking/catalyst
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. https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series
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.
James Doe and Emma Kurtovich speak to Professor David Mosey, Director of the Centre of Construction Law and Dispute Resolution at Kings College London about the most significant and interesting recent trends and developments in construction law, as well as the issues that are most ripe for judicial attention
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Emma Kurtovich (Senior Associate, Construction & Infrastructure Disputes), Professor David Mosey (King's College London)
In this podcast, we look at conditions to a takeover offer in the UK including:
• what the UK Takeover Panel will allow bidders to include as a condition to an offer and • when it will allow a bidder to invoke a condition to an offer, in particular a "material adverse change" condition or MAC.
This is topical because of the recent ruling by the Panel that a bidder was not permitted to invoke a MAC condition to an offer – the bidder for Moss Bros wanted to terminate its bid because of the impact the COVID-19 pandemic but the Panel would not let it do so.
Speakers: Mark Bardell and Antonia Kirkby
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Alice Whyte.
You can find links to our blog posts on the cases covered in this podcast below:
- High Court rejects indemnity claim under SPA due to a failure to notify the claim “as soon as possible” https://hsfnotes.com/litigation/2020/06/26/high-court-rejects-indemnity-claim-under-spa-due-to-a-failure-to-notify-the-claim-as-soon-as-possible/
- High Court finds claim for lost profits arising from damage caused by London riots not prevented by force majeure or exclusion for indirect or consequential loss https://hsfnotes.com/litigation/2020/05/18/high-court-finds-claim-for-lost-profits-arising-from-damage-caused-by-london-riots-not-prevented-by-force-majeure-or-exclusion-for-indirect-or-consequential-loss/
- Litigation funder fails in attempt to obtain trading data from the London Stock Exchange https://hsfnotes.com/bankinglitigation/2020/06/12/litigation-funder-fails-in-attempt-to-obtain-trading-data-from-the-london-stock-exchange/
- Proposed insolvency reforms: impact on secured and unsecured bank debt https://hsfnotes.com/bankinglitigation/2020/06/11/proposed-insolvency-reforms-impact-on-secured-and-unsecured-bank-debt/
Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/
In this third episode of our series of commercial litigation update podcasts, we look at developments in disclosure and privilege since our February update, as well as some developments relating to costs and funding. This episode is hosted by Anna Pertoldi https://www.herbertsmithfreehills.com/our-people/anna-pertoldi, a partner in our litigation team, who is joined by Maura McIntosh https://www.herbertsmithfreehills.com/our-people/maura-mcintosh, a professional support consultant, and Ajay Malhotra, a senior associate https://www.herbertsmithfreehills.com/our-people/ajay-malhotra.
You can find links to our blog posts on the cases covered in this podcast below:
• High Court finds privilege not waived in expert report referred to in context of security for costs application https://hsfnotes.com/litigation/2020/05/20/high-court-finds-privilege-not-waived-in-expert-report-referred-to-in-context-of-security-for-costs-application/
• High Court takes expansive view of when reference to legal advice may result in broader waiver https://hsfnotes.com/litigation/2020/06/12/high-court-takes-expansive-view-of-when-reference-to-legal-advice-may-result-in-broader-waiver/
• Court of Appeal finds regulator cannot demand production of client’s privileged documents unless statute overrides privilege https://hsfnotes.com/litigation/2020/02/18/court-of-appeal-finds-regulator-cannot-demand-production-of-clients-privileged-documents-unless-statute-overrides-privilege/
• High Court holds auditor must form its own view on client’s claim to privilege when responding to its regulator’s notice to produce documents https://hsfnotes.com/litigation/2020/06/15/high-court-holds-auditor-must-form-its-own-view-on-clients-claim-to-privilege-when-responding-to-its-regulators-notice-to-produce-documents/
• High Court finds evidence of without prejudice discussions should be admitted to establish real risk of dissipation of assets in support of freezing injunction https://hsfnotes.com/litigation/2020/05/22/high-court-finds-evidence-of-without-prejudice-discussions-should-be-admitted-to-establish-real-risk-of-dissipation-of-assets-in-support-of-freezing-injunction/
• High Court finds “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud https://hsfnotes.com/litigation/2020/06/08/high-court-finds-without-prejudice-statements-contained-in-mediation-paper-were-admissible-to-defend-against-allegation-of-fraud/
• High Court finds “control” for the purposes of disclosure includes third party documents that the litigating party can access under a standing consent short of an enforceable right https://hsfnotes.com/litigation/2020/03/11/high-court-finds-control-for-the-purposes-of-disclosure-includes-third-party-documents-that-the-litigating-party-can-access-under-a-standing-consent-short-of-an-enforceable-right/
• Court of Appeal confirms funders’ adverse costs liability not limited to amount of funding provided: Arkin “cap” not a binding rule https://hsfnotes.com/litigation/2020/02/25/court-of-appeal-confirms-funders-adverse-costs-liability-not-limited-to-amount-of-funding-provided-arkin-cap-not-a-binding-rule/
• High Court orders security for costs against member of Association of Litigation Funders https://hsfnotes.com/litigation/2020/03/03/high-court-orders-security-for-costs-against-member-of-association-of-litigation-funders/
• Two recent cases illustrate that belief in a strong case does not justify refusing to engage with ADR https://hsfnotes.com/adr/2020/05/05/two-recent-cases-illustrate-that-belief-in-a-strong-case-does-not-justify-refusing-to-engage-with-adr/
• The High Court disallows a substantial proportion of a successful defendant’s costs on the basis of an unreasonable refusal to mediate https://hsfnotes.com/adr/2020/05/19/the-high-court-disallows-a-substantial-proportion-of-a-successful-defendants-costs-on-the-basis-of-an-unreasonable-refusal-to-mediate/
James Doe and Emma Kurtovich interview Professor David Mosey, Director of the Centre of Construction Law and Dispute Resolution at Kings College London. He joins us to discuss:
• The challenges of providing a Construction Law Masters course at Kings College London which balances practical legal problems with a strong academic focus, what influences the course and developments to the student profile
• The most significant and interesting recent trends and developments in construction law, as well as the issues that are most ripe for judicial attention
• Whether particular problems during procurement can make disputes more likely and the future of collaborative contracting.
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Emma Kurtovich (Senior Associate, Construction & Infrastructure Disputes), Professor David Mosey (King's College London)
Shareholder class actions are the most popular type of class action litigation. In this episode, our expert panel reflects on the current debate surrounding shareholder class actions, the Corporations (Coronavirus Economic Response) Determination No 2 and how further reform urged by some stakeholders might play out.
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. https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series
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.
Our expert panel discusses the growth in litigation funding in Australia, common fund orders and contingency fees, regulation of funders and the link to the recently announced Parliamentary Committee inquiry.
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.
Craig Tevendale, Liz Kantor and Kemi Wood look at what to bear in mind when managing the procedure in construction arbitration
Speakers: Craig Tevendale (Partner, UK Head of International Arbitration, Liz Kantor (Senior Associate, International Arbitration), Kemi Wood (Associate, Construction & Infrastructure Disputes)
In the twelfth episode of our Private Wealth and Charities podcast series, Richard Norridge and Natalie Curtis discuss the results of our Trust Companies Survey. As our countdown continues, and we reach first place on the podium of the most significant risks for our respondents, we explore the regulatory compliance risks faced by trust companies.
Our Private Wealth and Trust Disputes blog is available here. https://hsfnotes.com/pwtd/
You can find out more about or Private Wealth and Charities offering here https://www.herbertsmithfreehills.com/our-expertise/services/private-wealth-and-charities, and our Financial Services Regulatory offering here https://www.herbertsmithfreehills.com/our-expertise/services/financial-services-regulatory
Speakers: Richard Norridge, Natalie Curtis
Our Employment, IR and Safety team hosted a briefing session on the key findings of the Australian Human Rights Commissions’ fourth national survey on Sexual Harassment in Australian Workplaces. We discuss the key findings of the report, and how employers can be on the front foot to address these issues.
The panel discussion was led by Partner Anthony Wood and included our guest panellists:
• Heather Price, Chief Executive Officer from Symmetra; • Tamsin Lawrence, Deputy Director - Workplace Relations from the Australian Chamber of Commerce and Industry (ACCI); • Catherine Dixon, Executive Director of the Victorian Human Rights and Equal Opportunity Commission; and • HSF Senior Associate, Lucy Boyd.
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.
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)
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. https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global
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 the eleventh episode of our Private Wealth and Charities podcast series, Richard Norridge, Susannah Cogman and Daniel Hyde discuss the results of our Trust Companies Survey. As our countdown continues, and we reach second place on the podium of the most significant risks our respondents face, we explore the money-laundering risks faced by trust companies.
Our Private Wealth and Trust Disputes blog is available here. https://hsfnotes.com/pwtd/
A link to our previous briefing on the 5th Money Laundering Directive is here. https://hsfnotes.com/fsrandcorpcrime/2020/01/09/happy-new-year-happy-new-money-laundering-regulations/
You can find out more about or Private Wealth and Charities offering here, https://www.herbertsmithfreehills.com/our-expertise/services/private-wealth-and-charities
and our Corporate Crime and Investigations offering here. https://www.herbertsmithfreehills.com/our-expertise/services/corporate-crime-and-investigations
Cut through all the noise of the recent class action reforms, as our expert panel unpacks the headlines and explains the issues and how it might impact you and the future trajectory of class action activity.
Speakers: Jason Betts, Partner Ruth Overington, Partner Ante Golem, Partner
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.
Speakers: Peter Leon, Partner and Africa Co-Chair Olivier Binyingo, Director Patrick Leyden, Director Fiona Perrott-Humphrey, Senior Mining Adviser, Rothschild Peter Attard Montalto, Director – Global Lead, Capital Markets Research, Intellidex
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. https://www.herbertsmithfreehills.com/latest-thinking/navigating-the-covid-19-outbreak
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) https://www.herbertsmithfreehills.com/our-people/andrew-lidbetter Nusrat Zar (Partner) https://www.herbertsmithfreehills.com/our-people/nusrat-zar James Wood (Senior Associate) https://www.herbertsmithfreehills.com/our-people/james-wood
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.
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.
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Nic Patmore.
You can find links to our blog posts on the cases covered in this podcast below:
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Court of Appeal upholds High Court contractual construction of CLO transaction https://hsfnotes.com/bankinglitigation/2020/05/01/court-of-appeal-upholds-high-court-contractual-construction-of-clo-transaction/
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High Court finds in favour of novel duty of care on employers (or quasi-employers) to protect against economic loss by providing an "ethically safe" work environment https://hsfnotes.com/bankinglitigation/2020/05/07/high-court-finds-in-favour-of-novel-duty-of-care-on-employers-or-quasi-employers-to-protect-against-economic-loss-by-providing-an-ethically-safe-work-environment/
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High Court declines to adjourn five-week trial due to COVID-19 pressures https://hsfnotes.com/litigation/2020/04/15/high-court-declines-to-adjourn-five-week-trial-due-to-covid-19-pressures/
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High Court refuses to set aside or vary disclosure order despite risk of foreign criminal or regulatory sanctions https://hsfnotes.com/bankinglitigation/2020/05/20/high-court-refuses-to-set-aside-or-vary-disclosure-order-despite-risk-of-foreign-criminal-or-regulatory-sanctions/
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Competing class actions in the Competition Appeal Tribunal: no preliminary ruling on carriage issue https://hsfnotes.com/litigation/2020/05/04/competing-class-actions-in-the-competition-appeal-tribunal-no-preliminary-ruling-on-carriage-issue/
Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/
David Barry gives his views on the key differences for experts between construction arbitration and litigation
In the tenth episode of our Private Wealth and Charities podcast series, Richard Norridge, and Elena Hogg discuss the results of our Trust Companies Survey. As our countdown continues, and we reach the podium of the most significant risks our respondents face, we explore the cyber security risks faced by trust companies.
Our Private Wealth and Trust Disputes blog is available here. https://hsfnotes.com/pwtd/
You can find out more about or Private Wealth and Charities offering here https://www.herbertsmithfreehills.com/our-expertise/services/private-wealth-and-charities, and our Cyber and Data Security offering here. https://www.herbertsmithfreehills.com/our-expertise/services/cyber-and-data-security
Speakers: Richard Norridge, Elena Hogg
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. https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global
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.
David Barry gives his views on the key trends and developments for experts in construction dispute resolution
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. https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global
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.
In the ninth episode of our Private Wealth and Charities podcast series, Richard Norridge, and Nick Clayton discuss the results of our Trust Companies Survey. As our countdown of the most significant risks trust companies face continues, we explore the tax risks faced by the respondents to our survey.
Our Private Wealth and Trust Disputes blog is available here: https://hsfnotes.com/pwtd/
You can find the recent blog postings mentioned in the podcast here: https://hsfnotes.com/litigation/2020/05/14/unjust-enrichment-high-court-finds-claimant-entitled-to-restitution-of-the-value-of-services-provided-in-anticipation-of-a-contract/ and here: https://hsfnotes.com/pwtd/2020/03/24/hmrc-guidance-on-statutory-residence-test-and-covid-19/.
You can find out more about or Private Wealth and Charities offering here: https://www.herbertsmithfreehills.com/our-expertise/services/private-wealth-and-charities, and our Tax Disputes offering here: https://www.herbertsmithfreehills.com/our-expertise/services/tax-investigations-and-disputes.
Speakers: Richard Norridge and Nick Clayton
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
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
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.
Nusrat Zar and Rachel Lidgate discuss the pre-action steps in procurement litigation with a particular focus on disclosure in the early stages.
Speakers: Nusrat Zar, Partner Rachel Lidgate, Partner
Nusrat Zar and Rachel Lidgate consider the issues that arise during the procurement litigation process, and give practical tips to overcome some of those issues.
Speakers: Nusrat Zar, Partner Rachel Lidgate, Partner
Nusrat Zar and Rachel Lidgate look at the remedies available to a claimant challenging a procurement award.
Speakers: Nusrat Zar, Partner Rachel Lidgate, Partner
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
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
In this podcast, we look at statements of intention under the Takeover Code including:
- what standards apply under the Takeover Code to a statement of intention
- the key intention statements required on an offer and
- what happens if a party decides it cannot or no longer wants to follow a particular course of action.
In the current environment, it will be particularly important for those involved in public M&A to think carefully about their statements of intention, both on bids that are currently live and on bids that are now closed, as the COVID-19 pandemic may affect their ability to follow their stated intentions.
Speakers: Robert Moore and Antonia Kirkby
We discuss the impact of state actions on foreign investors and the international investment law protections that are relevant to investors and states in the context of COVID-19
Speakers: Andrew Cannon, Christian Leathley, Hannah Ambrose
In this podcast we explore what rigorous data and analytics means for legal practitioners, how decision making will change for their clients and how data and analytics will help lawyers and clients assess litigation as both a risk and an asset.
Speakers:
Alexander Oddy, Partner, Disputes, Herbert Smith Freehills alexander.oddy@hsf.com
Emma Deas, Senior Associate, Disputes, Herbert Smith Freehills emma.deas@hsf.com
Gideon Cohen, Co-founder, Barrister, Solomonic gcohen@solomonic.co.uk
In the eighth episode of our Private Wealth and Charities podcast series, Richard Norridge, and Miriam Everett discuss the results of our Trust Companies Survey. As our countdown of the most significant risks continues, we explore the data protection and data privacy risks faced by trust companies.
Our Private Wealth and Trust Disputes blog is available here. https://hsfnotes.com/pwtd/
You can find out more about or Private Wealth and Charities offering here. https://www.herbertsmithfreehills.com/our-expertise/services/private-wealth-and-charities
In the sixth episode of our Private Wealth and Charities podcast series, Richard Norridge, Will Turner and Julia Bihary discuss the results of our Trust Companies Survey. As our countdown of the most significant risks begins, we explore the risks beneficiary disputes pose to trust companies.
Our Private Wealth and Trust Disputes blog is available here. https://hsfnotes.com/pwtd/
You can find out more about or Private Wealth and Charities offering here. https://www.herbertsmithfreehills.com/our-expertise/services/private-wealth-and-charities
Contacts: Richard Norridge, Will Turner, Julia Bihary
In the seventh episode of our Private Wealth and Charities podcast series, Richard Norridge, and Julia Bihary discuss the results of our Trust Companies Survey. As our countdown of the most significant risks continues, we now explore the potential of reputational risk for clients being associated with structures in offshore jurisdictions.
Our Private Wealth and Trust Disputes blog is available here. https://hsfnotes.com/pwtd/
You can find out more about or Private Wealth and Charities offering here. https://www.herbertsmithfreehills.com/our-expertise/services/private-wealth-and-charities
Contacts: Richard Norridge, Julia Bihary
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.
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 https://hsfnotes.com/publiclaw/2020/03/26/covid-19-pressure-points-coronavirus-act-formally-on-the-statue-books/
• COVID-19 Pressure Points: The Right to Property https://hsfnotes.com/publiclaw/2020/04/22/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. https://www.herbertsmithfreehills.com/latest-thinking/navigating-the-covid-19-outbreak
Speakers: Andrew Lidbetter, Partner https://www.herbertsmithfreehills.com/our-people/andrew-lidbetter
Nusrat Zar, Partner https://www.herbertsmithfreehills.com/our-people/nusrat-zar
Sahil Kher, Associate https://www.herbertsmithfreehills.com/our-people/sahil-kher
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 https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global
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:
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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;
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Data protection issues, including the tension between balancing competing rights of data privacy and public health; and
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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.
James Doe, Maguelonne de Brugiere and Olivia Liang look at case preparation, in particular critical issues to consider at the outset of a case, and additional considerations that will need to be given to case strategy as the case runs on.
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Maguelonne de Brugiere (Senior Associate, International Arbitration), Olivia Liang (Associate, Construction & Infrastructure Disputes)
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.https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global
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.
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 https://hsfnotes.com/publiclaw/2020/03/26/covid-19-pressure-points-coronavirus-act-formally-on-the-statue-books/
• COVID-19 Pressure Points: The Right to Property https://hsfnotes.com/publiclaw/2020/04/22/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. https://www.herbertsmithfreehills.com/latest-thinking/navigating-the-covid-19-outbreak
Speakers: Andrew Lidbetter, Partner https://www.herbertsmithfreehills.com/our-people/andrew-lidbetter
Nusrat Zar, Partner https://www.herbertsmithfreehills.com/our-people/nusrat-zar
Sahil Kher, Associate https://www.herbertsmithfreehills.com/our-people/sahil-kher
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Mannat Sabhikhi.
You can find links to our blog posts on the cases covered in this podcast below:
High Court finds no implied contractual duties in connection with past business review https://hsfnotes.com/bankinglitigation/2020/03/04/high-court-finds-no-implied-contractual-duties-in-connection-with-past-business-review/
Morrisons wins Supreme Court appeal against finding of vicarious liability in data breach class action https://hsfnotes.com/litigation/2020/04/01/morrisons-wins-supreme-court-appeal-against-finding-of-vicarious-liability-in-data-breach-class-action/
Court of Appeal confirms funders’ adverse costs liability not limited to amount of funding provided: Arkin “cap” not a binding rule https://hsfnotes.com/bankinglitigation/2020/02/25/court-of-appeal-confirms-funders-adverse-costs-liability-not-limited-to-amount-of-funding-provided-arkin-cap-not-a-binding-rule/
Class actions against financial institutions: impact of High Court decision to order security for costs against a litigation funder https://hsfnotes.com/bankinglitigation/2020/03/04/class-actions-against-financial-institutions-impact-of-high-court-decision-to-order-security-for-costs-against-a-litigation-funder/
Impact of Court of Appeal’s privilege decision in Sports Direct v FRC for the financial services sector https://hsfnotes.com/bankinglitigation/2020/02/19/impact-of-court-of-appeals-privilege-decision-in-frc-v-sports-direct-for-the-financial-services-sector/
COVID-19 Hub https://www.herbertsmithfreehills.com/latest-thinking/navigating-the-covid-19-outbreak/uk
Collaborating with a third party can bring with it numerous benefits. Parties can work to their own strengths, share experience, and venture into new markets or territories, while sharing costs and risks. However, there are a multitude of legal considerations which need to be considered, both at the outset and as the collaboration progresses. In episode 5 of our podcast series, Joel Smith and Jessica Welborn discuss some of the key IP considerations surrounding collaboration agreements.
Speakers: Joel Smith, Head of Intellectual Property UK, London Jessica Welborn, Senior Associate, London
Note: This is an audio recording of the eighth 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. https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global
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. http://www.hsfnotes.com/litigation/?c=covid-19
Links:
COVID-19 Pressure Points: Impact of COVID-19 on class actions (UK: https://hsfnotes.com/litigation/2020/04/22/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: https://hsfnotes.com/litigation/2020/04/15/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: https://hsfnotes.com/litigation/2020/04/03/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: https://hsfnotes.com/litigation/2020/03/26/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?: https://hsfnotes.com/litigation/2020/03/25/covid-19-pressure-points-will-this-be-a-valid-basis-for-avoiding-contractual-obligations/
COVID-19: Impact on civil litigation in England and Wales: https://hsfnotes.com/litigation/2020/03/20/covid-19-impact-on-civil-litigation-in-england-and-wales/
In this second 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. https://hsfnotes.com/litigation/?c=covid-19
Links COVID-19 Pressure Points: Impact of COVID-19 on class actions (UK): https://hsfnotes.com/litigation/2020/04/22/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: https://hsfnotes.com/litigation/2020/04/15/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: https://hsfnotes.com/litigation/2020/04/03/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: https://hsfnotes.com/litigation/2020/03/26/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?: https://hsfnotes.com/litigation/2020/03/25/covid-19-pressure-points-will-this-be-a-valid-basis-for-avoiding-contractual-obligations/
COVID-19: Impact on civil litigation in England and Wales:https://hsfnotes.com/litigation/2020/03/20/covid-19-impact-on-civil-litigation-in-england-and-wales/
Grab a coffee (or a peppermint tea) and listen to us discuss some of the latest trends in influencer marketing, the legal risks of using influencer marketing and our top tips for brands operating in this area
Speaker Info:
Hayley Brady, head of media and digital, assists clients on global strategic and innovative arrangements within the media and entertainment and digital sector with a focus on consumer facing brands. Hayley is listed in Legal 500 as a Rising Star lawyer in the fields of (i) film and TV; (ii) computer games; (iii) digital media; and (iv) advertising, and also won the Lawyer Monthly Women in Law 2018 Award for expertise in Tech law. Hayley is referred to in legal directories as ‘extremely personable and bucks the trend of the average senior corporate city lawyer. She is also hugely knowledgeable and has really strong relationships in the media and entertainment industry'.
Jeremy Purton is a senior associate in the Technology, Media and Telecommunications practice at Herbert Smith Freehills LLP. He specialises in commercial technology matters, covering the development and implementation of new technologies, complex commercial contracting, strategic sourcing projects and technology-driven business transformations. Described by Legal 500 as "highly regarded", Jeremy has worked for a wide range of customer and supply-side clients and is a regular contributor on matters at the intersection between law and technology.
James Balfour is an associate in the Technology, Media and Telecommunications practice at Herbert Smith Freehills LLP, focusing primarily on media, entertainment and communications law. He advises on a wide range of media and entertainment matters, including advertising and marketing arrangements (including influencer marketing), content acquisition and distribution, production agreements, sports rights and sponsorship deals and gambling and gaming arrangements. He also co-authors the PLC notes "Overview of Broadcast Content Regulation" and “TV (Broadcasting and Internet) Industry Overview”. James has spent time on secondment at British American Tobacco, Wayra and Sky.
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.
James Doe interviews David Barry, founder and chairman of Black Rock Expert Services. David is one of the leading delay experts in the world and has given evidence in some of the largest and most complex construction arbitrations in the last decade. He joins us to discuss:
• How he came to specialise in delay analysis and how the role of delay experts has changed • His 2010 SCL paper on the dark arts in delay analysis and how his approach differed from the approach of the industry at the time. • His advice and guidance for those starting out as delay experts • The recent trends in construction dispute resolution • The key differences in experts and expert evidence in construction arbitrations and litigations • The client / lawyer / expert relationship
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), David Barry (Blackrock Expert Services)
COVID-19: Pressure points: The challenges of resolving disputes in a time of social distancing: The impact of the pandemic on arbitration (Global)
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 the eighth 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 https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global
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 the seventh 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. https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global
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 the sixth 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. https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global
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).
Anthony Longland and Natalie Gaspar discuss what the impact of workforce activism might mean for the union movement in Australia.
In this first episode of six, Emma Rohsler and Jules Campbell discuss the rise of workforce activism, what is driving this force of change and what businesses can expect in the future.
In this, second episode of six, Alex Cravero and Kate MacMillan discuss the impact of digital transformation on the workforce and the workplace.
Speakers: Jules Campbell, Head of Business Development & Practice Management, EPI & CRT Alex Cravero, Digital Law Lead (UK) Kate Macmillan, Consultant
In this podcast, Tim Smith and John Cormell, discuss GMP conversion and explain:
• what GMP conversion is
• what trustees need to think about if they are considering converting GMPs, and
• how HMRC's recent guidance on GMP equalisation affects conversion exercises.
Note: This is an audio recording of the fourth 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 the fifth 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 the third 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: https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global
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.
The importance of IP to a private capital portfolio cannot be overstated particularly for PE investing in IP heavy sectors such as technology, healthcare, pharma and consumer. These intangible assets are of even more importance in uncertain economic times. For a lot of businesses in these sectors IP will be a significant driver of long-term value. In our next HSF PE Thursday session we will be focussing on different aspects of IP – diligence, enforcement, infringement, etc. We hope you will find this helpful in leveraging value from the IP portfolios of your portfolio companies and also in valuing IP when making investments. The session will be led by our specialist non-contentious IP team.
Speakers: Nicola Yeomans, Partner Harry Evans, Senior Counsel Indraneil Ghosh, Senior Associate
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.
James Doe, Emma Schaafsma and Sarah McNally take a look at how construction contracts are currently being affected by the COVID-2019 coronavirus and the extent to which insurance cover might protect against losses
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Emma Schaafsma (Partner, Construction & Infrastructure Disputes) & Sarah McNally (Partner, Insurance Disputes)
Managing liquidity, covenants, defaults and capital calls
Speakers: Chair – Stephen Wilkinson (introductory and closing remarks) Debt – Kevin Pullen Equity – Mike Flockhart
For more information visit hsf.com/covid19
Protecting jobs, employees, health & safety and personal data.
Speakers: Chair – Stephen Wilkinson (introductory and closing remarks) Employment - Anna Henderson Data privacy - Miriam Everett
For more information visit hsf.com/covid19
Protecting deals, supply chains and regulatory screening
Speakers: Chair – Stephen Wilkinson (introductory and closing remarks) Contracts – James Doe M&A – Gavin Davies
For more information visit hsf.com/covid19
Dealing with distress and claims, reporting and disclosure
Speakers: Chair – Stephen Wilkinson (introductory and closing remarks) Insurance – Sarah McNally Governance – Gareth Sykes
For more information visit hsf.com/covid19
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.
In this episode of our PE Thursdays we look at issues relating to deal certainty (including, CPs, MAC and warranties), which have become quite topical in this environment. We are joined by our guest speaker, Gitta Satryani, who will give us an insight on to how disputes revolving these issues arise and are managed.
Advertising that makes a comparison with another party's products or services needs to be considered carefully. In this podcast we provide a short summary of the laws which apply and review the options for challenging misleading and unlawful adverts in the UK.
Speakers: Joel Smith, Head of the Intellectual Property Group, London Victoria Horsey, Senior Associate, London
In this episode of the firm's latest global M&A podcast series, which accompany the 2020 edition of our annual global M&A report, Veronica Roberts and Joseph Falcone discuss some key changes in FDI regimes, with a focus on the recent changes in the US, and tips on navigating those regimes when planning for and executing an investment or transaction.
Speakers: Veronica Roberts, Partner and Joseph Falcone, Partner
In this podcast we look at the implications of Brexit for choice of law, jurisdiction and the enforcement of judgments, looking first at the position during the transition period to the end of December 2020 and then considering what will happen once that period comes to an end. We also give some thoughts on how commercial parties should approach their decision as to what dispute resolution clause to include in their contracts.
• Brexit category of our Litigation Notes blog https://hsfnotes.com/litigation/?c=brexit
• Brexit blog https://hsfnotes.com/brexit/
• Brexit Legal Guide https://www.herbertsmithfreehills.com/latest-thinking/brexit-legal-guide-2020
Speakers: Anna Pertoldi, Partner Maura McIntosh, Professional Support Consultant
Sir Rupert Jackson's views on expert evidence and his role in introducing the rules on hot tubbing
In this episode of the Public Law Podcast, Andrew Lidbetter and Jasveer Randhawa discuss the key themes and practical takeaways from the case law on consultations in 2019.
Read more about the some of the cases discussed in this episode in the following blog posts:
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Broad public consultations not always sufficient to meet the requirements of fairness https://hsfnotes.com/publiclaw/2020/01/20/broad-public-consultations-not-always-sufficient-to-meet-the-requirements-of-fairness/
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Energy price cap to be recalculated following flawed consultation https://hsfnotes.com/publiclaw/2020/01/10/energy-price-cap-to-be-recalculated-following-flawed-consultation/
Rachel Montagnon and Joanna Silver discuss the problems associated with the use of architects' designs where specific permissions are not in place, and the impact on development projects, including:
- What sort of works attract copyright?
- How could these copyright works be infringed?
- Who owns copyright in architects' designs?
- What licences can be implied if no agreement is in place?
- Termination of engagement and insolvency situations
- Escrow and collateral warranties
- Moral rights
- What relief can architects claim?
Speakers: Rachel Montagnon, Professional Support Consultant and Joanna Silver, Senior Associate, Intellectual Property Group, London
For more information on these issues and regular updates on IP developments, subscribe to our blog: Intellectual Property Notes at www.hsfnotes.com/ip/
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Daniel May.
You can find links to our blog posts on the cases covered in this podcast below:
High Court grants proprietary injunction against Bitcoin exchange holding proceeds of ransomware attack - https://hsfnotes.com/litigation/2020/02/03/high-court-grants-proprietary-injunction-against-bitcoin-exchange-holding-proceeds-of-ransomware-attack/
High Court upholds financial institution restructuring unit’s exercise of its powers under facility agreement following borrower default, finding there was no “relational contract” and rejecting claims for intimidation and economic duress - https://hsfnotes.com/bankinglitigation/2020/02/13/high-court-upholds-financial-institution-restructuring-units-exercise-of-its-powers-under-facility-agreement-following-borrower-default-finding-there-was-no-relational-contract-and-rejec/
High Court strikes out claim against banks in their capacity as lenders to investors of a tax deferral scheme - https://hsfnotes.com/bankinglitigation/2020/01/21/high-court-strikes-out-claim-against-banks-in-their-capacity-as-lenders-to-investors-of-a-tax-deferral-scheme/
Joint Operating agreement arguably a "relational contract" but Commercial Court declines to imply duty of good faith or Braganza duty - https://hsfnotes.com/litigation/2020/02/03/joint-operating-agreement-arguably-a-relational-contract-but-commercial-court-declines-to-imply-duty-of-good-faith-or-braganza-duty/
Court of Appeal finds legal advice privilege is subject to a “dominant purpose” test - https://hsfnotes.com/litigation/2020/01/30/court-of-appeal-finds-legal-advice-privilege-is-subject-to-a-dominant-purpose-test/
Don't forget to subscribe to the banking litigation blog - https://hsfnotes.com/bankinglitigation/subscribe/
In this episode of the firm's latest global M&A podcast series, which accompany the 2020 edition of our annual global M&A report, Alex Kay and Kyriakos Fountoukakos discuss disruption which M&A dealmakers may face – from interventionist governments, anti-trust regulators and the companies' own shareholders, to the possibility of a competitor intervening in a transaction.
Speakers: Alex Kay, Partner and Kyriakos Fountoukakos, Partner
In this episode of the firm's latest global M&A podcast series, which accompany the 2020 edition of our annual global M&A report, Rebecca Maslen-Stannage and Robert Moore discuss public to private bids, and the return of financial buyers to the public markets.
Speakers: Rebecca Maslen-Stannage, Partner and Robert Moore, Partner
In this first of our new series of commercial litigation update podcasts, we look at recent developments in disclosure and privilege. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Chris Cox, a senior associate.
You can find links to our blog posts on the cases covered in this podcast below:
Court of Appeal finds legal advice privilege is subject to a “dominant purpose” test https://hsfnotes.com/litigation/2020/01/30/court-of-appeal-finds-legal-advice-privilege-is-subject-to-a-dominant-purpose-test/
Court of Appeal confirms instructions to law firm relating to escrow monies were privileged https://hsfnotes.com/litigation/2020/01/31/court-of-appeal-confirms-instructions-to-law-firm-relating-to-escrow-monies-were-privileged/
High Court finds privilege not lost despite document being referred to in open court https://hsfnotes.com/litigation/2019/12/19/high-court-finds-privilege-not-lost-despite-document-being-referred-to-in-open-court/
No collateral waiver where party relied on the effect of legal advice rather than its content https://hsfnotes.com/litigation/2020/01/16/no-collateral-waiver-where-party-relied-on-the-effect-of-legal-advice-rather-than-its-content/
High Court declines to order specific disclosure even though failure to disclose may have breached initial order https://hsfnotes.com/litigation/2020/02/04/high-court-declines-to-order-specific-disclosure-even-though-failure-to-disclose-may-have-breached-initial-order/
High Court emphasises need for parties to agree disclosure search methodology and terms in advance https://hsfnotes.com/litigation/2019/12/11/high-court-emphasises-need-for-parties-to-agree-disclosure-search-methodology-and-terms-in-advance/
And here is a link to our most recent webinar on the disclosure pilot in the Business and Property Courts: The Disclosure Pilot – 10 months on: how is PD51U working in practice? https://event.on24.com/wcc/r/2094295/E3162FB2F393F8B0CE2A9531BE140CF3
Speakers: Anna Pertoldi, Partner Maura McIntosh, Professional Support Consultant Christopher Cox, Senior Associate
'Plausibility' in patent law
Andrew Wells (one of the winners of the 2019 AIPPI prize for UK AIPPI Group's study questions for his contribution on the plausibility question) discusses:
- The concept of 'plausibility' in patent law
- The EPO approach to inventive step and plausibility
- How plausibility arises in insufficiency arguments
- The approach of the English courts
- The future for the concept of plausibility in patent law
- Practical implications for innovators and patentees
Speakers: Rachel Montagnon, Professional Support Consultant and Andrew Wells, Senior Associate, Intellectual Property Group, London
For more information on these issues and regular updates on IP developments, subscribe to our blog: Intellectual Property Notes at www.hsfnotes.com/ip/
In this episode of the firm's latest global M&A podcast series, which accompany the 2020 edition of our annual global M&A report, Gavin Williams and Rebecca Perlman highlight some of the environmental, social and governance factors (ESG) as key considerations in M&A decision-making.
Speakers: Rebecca Perlman, Senior Associate and Gavin Williams, Partner
In this episode of our Private Wealth & Charities podcast series Richard Norridge, and Ben Pollard, Founder and CEO of charity Local Welcome continue discussing the charity's past, present and future.
Local Welcome aims to make it fun and easy to cook and eat with refugees in various communities across the UK. You can find out more about Local Welcome and what they do at https://www.localwelcome.org/.
Speaker info: Richard Norridge – Partner, Head of Private Wealth and Charities Ben Pollard – Founder and CEO of Local Welcome
In this overview of the firm's latest global M&A report, M&A in 2020: The New Normal, Caroline Rae and Gavin Davies highlight the key M&A trends in 2019 and expectations for 2020.
Speakers: Caroline Rae, Partner and Gavin Davies, Head of Global MA
Craig Tevendale, Susan Field and Olivia Liang discuss the importance of documents and factual witnesses in construction arbitrations
Speakers: Craig Tevendale (Partner, UK Head of International Arbitration), Susan Field (Senior Associate & Solicitor Advocate, International Arbitration), Olivia Liang (Associate, Construction & Infrastructure Disputes)
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Harriet Tolkien.
You can find links to our blog posts on the cases covered in this podcast below:
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High Court upholds strike out of claim based on allegation a financial institution breached fiduciary duties as a shadow director of its customer https://hsfnotes.com/bankinglitigation/2019/12/18/high-court-upholds-strike-out-of-claim-based-on-allegation-a-financial-institution-breached-fiduciary-duties-as-a-shadow-director-of-its-customer/
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High Court finds privilege not lost despite document being referred to in open court https://hsfnotes.com/litigation/2019/12/19/high-court-finds-privilege-not-lost-despite-document-being-referred-to-in-open-court/
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High Court orders claimants to provide disclosure to prove investment decisions were made in reliance on defective publications in the Tesco section 90A FSMA group litigation https://hsfnotes.com/bankinglitigation/2019/12/16/high-court-orders-claimants-to-provide-disclosure-to-prove-investment-decisions-were-made-in-reliance-on-defective-publications-in-the-tesco-section-90a-fsma-group-litigation/
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Court of Appeal confirms Part 36 offer cannot be made exclusive of interest https://hsfnotes.com/litigation/2019/12/19/court-of-appeal-confirms-part-36-offer-cannot-be-made-exclusive-of-interest/
Don't forget to subscribe to the banking litigation blog: https://hsfnotes.com/bankinglitigation/subscribe/
In this episode of our Private Wealth & Charities podcast series Richard Norridge and Ben Pollard, Founder and CEO of charity Local Welcome discuss the charity's past, present and future.
Local Welcome aims to make it fun and easy to cook and eat with refugees in various communities across the UK. You can find out more about Local Welcome and what they do at https://www.localwelcome.org/.
Speaker info: Richard Norridge – Partner, Head of Private Wealth and Charities Ben Pollard – Founder and CEO of Local Welcome
The UK Supreme Court is soon expected to hand down its judgment in the appeals of Unwired Planet v Huawei and ZTE v Conversant concerning FRAND, which were heard together. In advance of the decision itself, this podcast provides a reminder of what FRAND is all about (fair, reasonable and non-discriminatory terms required in the licensing of standard essential patents) and what issues are before the Court, as well as some background to the individual disputes. We will provide updates on our blog (Intellectual Property Notes www.hsfnotes.com/ip/) and publish a further podcast once the Supreme Court has given its judgment.
Speakers: Rachel Montagnon, Professional Support Consultant and David Webb, Associate, Intellectual Property Group, London
For more information on these issues and regular updates on IP developments, subscribe to our blog: Intellectual Property Notes at www.hsfnotes.com/ip/
This podcast series features HSF practitioners discussing hot topics and live issues in the field of public procurement. In this episode, we consider the UK Government's Brexit-driven proposals for reform of the UK public procurement regime.
Speakers: Tim Briggs, Partner, Competition, Regulation & Trade and Adrian Brown, Of Counsel, Competition, Regulation & Trade
Future of Work: New employee activism and the union movement in Australia
Partners Anthony Longland and Natalie Gaspar from our Employment, Industrial Relation and Safety team, discuss some of the results from a global survey presented in our report the ‘Future of Work: Adapting to the democratised workplace’ which warns of an unprecedented rise in workforce activism ahead and what the findings might mean for the union movement in Australia.
Podcast on our key employment and IR predictions for 2020
Our latest podcast focuses on the key issues we expect to see in employment and industrial relations as we look ahead to 2020. Melbourne Partners Anthony Wood and Natalie Gaspar share their trends and predictions covering areas such as underpayment compliance, the proposed changes to annualised salary provisions and key legislative changes. It’s essential listening to understand the biggest issues we are seeing for our clients in employment and IR in the coming year.
James Doe interviews Sir Rupert Jackson, a barrister, former Lord Justice of Appeal and international arbitrator, to discuss his views on various aspects of construction law and practice.
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Sir Rupert Jackson
Robert Nicholson discusses key developments in Australian M&A in 2019 including Board spills, stub equity and reverse break fees with Kam Jamshidi, Sam Kings and Jason Jordan.
Practical effective access to justice - a conversation with counsel involved in RR v Secretary of State for Work and Pensions
In the first episode of our Public Law podcast series, Sahil Kher talks to Jennifer McLeod of Brick Court Chambers about the recent Supreme Court decision in RR v Secretary of State for Work and Pensions.
Speakers: Sahil Kher, Associate, Herbert Smith Freehills Jennifer McLeod, Brick Court Chambers
Join us for a lively discussion of key market trends and legal developments in the world of capital markets in 2019, followed by a capital markets-themed holiday gift giving guide. Featuring special guest star Deborah Smith of Goldman Sachs.
Speakers: Tom O'Neill, Partner, Herbert Smith Freehills Yuji Huang, Senior Associate, Herbert Smith Freehills Deborah Smith, Executive Director and Senior Counsel, Goldman Sachs
A number of recent rulings have focused on what has to be disclosed to shareholders on an M&A transaction. The most high profile of these is the recent decision in relation to the acquisition of HBOS by Lloyds, where shareholders claimed that Lloyds and its directors had failed to disclose relevant information in the shareholder circular.
In this episode we discuss:
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what information should be disclosed to shareholders on M&A
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tips for boards and their advisers preparing shareholder documentation on a takeover
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the concept of material contracts
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the consequences of getting it wrong
Speakers: Mark Bardell and Antonia Kirkby
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Emma Deas.
You can find links to our blog posts on the cases covered in this podcast below:
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The Lloyds/HBOS litigation: The first shareholder class action judgment in England & Wales https://hsfnotes.com/bankinglitigation/2019/11/15/the-lloyds-hbos-litigation-the-first-shareholder-class-action-judgment-in-england-wales/
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First securities class action judgment in Australia https://hsfnotes.com/bankinglitigation/2019/11/04/first-securities-class-action-judgment-in-australia/
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High Court refuses Tesco’s strike out application in s.90A FSMA group shareholder action https://hsfnotes.com/bankinglitigation/2019/10/29/high-court-refuses-tescos-strike-out-application-in-s-90a-fsma-group-shareholder-action/
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Supreme Court upholds first successful claim for breach of the so-called “Quincecare” duty of care https://hsfnotes.com/bankinglitigation/2019/10/31/supreme-court-upholds-first-successful-claim-for-breach-of-the-so-called-quincecare-duty-of-care/
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The Financial Services Duty of Care Bill https://hsfnotes.com/bankinglitigation/2019/11/06/the-financial-services-duty-of-care-bill/
Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/
The Lloyds/HBOS Litigation: the outcome, implications and litigation top tips
In this special edition of our banking litigation podcast, we consider the first judgment in a shareholder class action in England & Wales in Sharp v Blank [2019] EWHC 3078 (Ch) (also known as The Lloyds/HBOS Litigation) (https://www.judiciary.uk/wp-content/uploads/2019/11/sharp-v-blank-HBOS-judgment.pdf).
In rejecting the claim brought by a group of shareholders against Lloyds relating to its acquisition of HBOS in 2008, the decision of the High Court provides clarity on some of the most important battlegrounds which arise in shareholder class actions as well as guidance for listed companies and their directors on various key aspects of capital markets and M&A transactions.
This significant decision will have ramifications for listed companies, and their advisers, in the UK. A briefing paper setting out our observations and insights is available here (https://www.herbertsmithfreehills.com/latest-thinking/the-lloydshbos-litigation-the-first-shareholder-class-action-judgment-in-england)
Herbert Smith Freehills acted for Lloyds in the litigation, and in this podcast we summarise the outcome, implications for banks (as both issuers and as advisers in an investment banking capacity) and share our litigation top tips.
In the fourth episode of our Private Wealth and Charities podcast series, Richard Norridge, Michael Hunt and Jade Hu discuss the ins and outs of registering a charity in England & Wales. We focus on some common pitfalls and problems which we have seen arise in practice when applying to register a charity, and share some of our top tips on how to avoid these, with particular examples drawn from cases where non-charities set up charities.
The Herbert Smith Freehills Private Wealth and Trust Disputes blog mentioned in the podcast is available here https://hsfnotes.com/pwtd/, and you can find out more about or Private Wealth and Charities offering here https://www.herbertsmithfreehills.com/our-expertise/services/private-wealth-and-charities.
Kate Wilson and Micky Yang from HSF's Real Estate and Corporate Real Estate teams discuss the proposed Registration of Overseas Entities Bill (which will require an overseas entity acquiring property in the UK to publicly register details of its beneficial owners) and the potential impact of the register on investment in UK real estate.
James Doe, Naomi Lisney and Karan Talwar discuss key points to bear in mind when working with expert witnesses in construction arbitration proceedings.
Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Naomi Lisney (Senior Associate, International Arbitration) and Karan Talwar (Associate, Construction & Infrastructure Disputes)
In the last of a series giving an introduction to the compulsory purchase process in England, Rebecca Butterworth (Associate) and Fiona Sawyer (Professional Support Lawyer) of the London Planning Team discuss CPO compensation.
For more information please contact Rebecca Butterworth (+44 20 7466 2437, rebecca.butterworth@hsf.com) or Fiona Sawyer (+44 20 7466 2674, fiona.sawyer@hsf.com), or visit our blog: https://hsfnotes.com/realestatedevelopment/
Allan Bulman, Director of the Takeovers Panel, is interviewed by Rodd Levy, HSF M&A partner about his role, the Panel and current issues, including the rise of shareholder applicants, media canvassing rules, the Panel's approach to board spills and the review of guidance notes.
What is the up-to-the-minute state of play on CVAs? And how can retail landlords best protect themselves from the risk of retail tenant insolvency? Alice Dockar, Matthew Bonye and John Chetwood from HSF's Real Estate, Real Estate Disputes and Restructuring teams combine to take stock after the High Court's decision in the Debenhams CVA case and Supercuts' administration.
In the fifth of a series giving an introduction to the compulsory purchase process in England, Julia McKeown (Associate, New Zealand) and Fiona Sawyer (Professional Support Lawyer) of the London Planning Team discuss implementing a CPO.
For more information please contact Julia McKeown (+44 20 7466 2321, julia.mckeown@hsf.com) or Fiona Sawyer (+44 20 7466 2674, fiona.sawyer@hsf.com), or visit our blog: https://hsfnotes.com/realestatedevelopment/
International arbitration Partner Nicholas Peacock and disputes Director Jonathan Ripley-Evans discuss recent trends in the enforcement of arbitration awards in Southern Africa, with key takeaways for banks, financial institutions and others doing business in the region.
For a more detailed guide to dispute resolution procedures and trends in all of Africa's 54 jurisdictions, you can find our Guide to Dispute Resolution in Africa here: https://www.herbertsmithfreehills.com/latest-thinking/guide-to-dispute-resolution-in-africa
Speakers: Nicholas Peacock (Partner) and Jonathan Ripley-Evans (Director)
In this episode, Ben Seth and Rosie Fantom:
• explain what a "residual risks" buy-out is • consider the circumstances in which trustees and sponsors may want to consider a residual risks buy-out, and • outline the additional steps that schemes need to take to prepare for a residual risks buy-out.
Speakers: Tim Smith, Professional Support Lawyer, Pensions, Herbert Smith Freehills Ben Seth, Senior Associate, Pensions, Herbert Smith Freehills Rosie Fantom, Bulk Annuity Consultant, Barnett Waddingham
The Banking Litigation podcast series has moved to a new podcast channel and will soon be discontinued on the central HSF channel.
Please subscribe to our new channel to continue to listen to the Banking Litigation series and for other exclusive Financial Services Disputes & Regulation related content
https://podcasts.apple.com/gb/podcast/financial-services-disputes-regulation/id1480213938
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions.
You can find links to our blog posts on some of the cases covered in this podcast below:
Court of Appeal confirms "once privileged, always privileged" unless privilege is waived – even if there is no longer anyone who can assert the privilege https://hsfnotes.com/litigation/2019/10/08/court-of-appeal-confirms-once-privileged-always-privileged-unless-privileged-is-waived-even-if-there-is-no-longer-anyone-who-can-assert-the-privilege/
Court of Appeal finds claim for damages for loss of control of data can proceed as representative action under CPR 19.6 https://hsfnotes.com/litigation/2019/10/07/court-of-appeal-finds-claim-for-damages-for-loss-of-control-of-data-can-proceed-as-representative-action-under-cpr-19-6/
High Court finds terms of English law Facility Agreement allowed borrower to withhold interest payments given risk of US “secondary” sanctions https://hsfnotes.com/bankinglitigation/2019/09/30/high-court-finds-terms-of-english-law-facility-agreement-allowed-borrower-to-withhold-interest-payments-given-risk-of-us-secondary-sanctions/
Court of Appeal judgment on scope and exclusion of ‘Quincecare’ duty of care https://hsfnotes.com/bankinglitigation/2019/10/22/court-of-appeal-judgment-on-scope-and-exclusion-of-quincecare-duty-of-care/
Damages-based agreements (DBAs): promising proposals for reform https://hsfnotes.com/litigation/2019/10/18/damages-based-agreements-dbas-promising-proposals-for-reform/
Don't forget to subscribe to the Banking Litigation Blog: https://hsfnotes.com/bankinglitigation/subscribe/
In the fourth of a series giving an introduction to the compulsory purchase process in England, Ben Hazenberg (Senior Associate) and Fiona Sawyer (Professional Support Lawyer) of the London Planning Team discuss the consideration of a CPO.
For more information please contact Ben Hazenberg (+44 20 7466 7581, ben.hazenberg@hsf.com) or Fiona Sawyer (+44 20 7466 2674, fiona.sawyer@hsf.com), or visit our blog: https://hsfnotes.com/realestatedevelopment/
Robert Moore, Partner, and Antonia Kirkby, Professional Support Lawyer, at Herbert Smith Freehills discuss formal sale processes (FSPs) under the UK Takeover Code, including:
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how an FSP works
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what dispensations are available under the Code for an FSP and
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why an FSP might produce a better outcome for a company.
Read more: https://www.herbertsmithfreehills.com/latest-thinking/ma-standpoint-formal-sale-processes-a-useful-tool-to-solicit-offers-or-a-last-resort
In the third of a series giving an introduction to the compulsory purchase process in England, Martyn Jarvis (Senior Associate) and Fiona Sawyer (Professional Support Lawyer) of the London Planning Team discuss preparing and making a CPO.
For more information please contact Martyn Jarvis (+44 20 7466 2680, martyn.jarvis@hsf.com) or Fiona Sawyer (+44 20 7466 2674, fiona.sawyer@hsf.com), or visit our blog: https://hsfnotes.com/realestatedevelopment/
In the second of a series giving an introduction to the compulsory purchase process in England, Annika Holden (Senior Associate, Australia) and Fiona Sawyer (Professional Support Lawyer) of the London Planning Team discuss justifying a CPO.
For more information please contact us. Annika Holden is currently on maternity leave, but you can get in touch with Charlotte Dyer, Of Counsel (+44 20 7466 2275, charlotte.dyer@hsf.com) or Fiona Sawyer (+44 20 7466 2674, fiona.sawyer@hsf.com), or visit our blog: https://hsfnotes.com/realestatedevelopment/
In the first of a series giving an introduction to the compulsory purchase process in England, Charlotte Dyer (Of Counsel) and Fiona Sawyer (Professional Support Lawyer) of the London Planning Team discuss how to choose the right CPO power.
For more information please contact Charlotte Dyer (+44 20 7466 2275, charlotte.dyer@hsf.com) or Fiona Sawyer (+44 20 7466 2674, fiona.sawyer@hsf.com), or visit our blog: https://hsfnotes.com/realestatedevelopment/
In this episode we take a look at the Law Commission's recent report on the Suspicious Activity Reporting (SAR) regime under the Proceeds of Crime Act 2002 (POCA).
Read our FSR and CC&I blog here: https://hsfnotes.com/fsrandcorpcrime/
Consultation Paper on the SARs Regime: https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2018/07/Anti-Money-Laundering-the-SARs-Regime-Consultation-paper.pdf
Law Commission's Report on the SARs Regime: https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2019/06/6.5569_LC_Anti-Money-Laundering_Report_FINAL_WEB_120619.pdf
Economic Crime Plan 2019-22: https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2019/06/6.5569_LC_Anti-Money-Laundering_Report_FINAL_WEB_120619.pdf
The Banking Litigation podcast series has moved to a new podcast channel and will soon be discontinued on the central HSF channel.
Please subscribe to our new channel to continue to listen to the Banking Litigation series and for other exclusive Financial Services Disputes & Regulation related content
https://podcasts.apple.com/gb/podcast/financial-services-disputes-regulation/id1480213938
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Sousan Gorji.
You can find links to our blog posts on some of the cases covered in this podcast below:
High Court finds in favour of Lehman administrator in respect of US $7 million trade error and implies term into otherwise “unworkable” debt security trade agreement https://hsfnotes.com/bankinglitigation/2019/09/23/high-court-finds-in-favour-of-lehman-administrator-in-respect-of-us-7-million-trade-error-and-implies-term-into-otherwise-unworkable-debt-security-trade-agreement/
High Court endorses use of CPR Part 86 interpleader application by financial services firm seeking court guidance https://hsfnotes.com/bankinglitigation/2019/09/24/high-court-endorses-use-of-cpr-part-86-interpleader-application-by-financial-services-firm-seeking-court-guidance/
Privilege: A reminder of the dangers of cherry picking https://hsfnotes.com/litigation/2019/09/12/privilege-a-reminder-of-the-dangers-of-cherry-picking/
46 countries sign the new Singapore Convention on mediated settlements https://hsfnotes.com/litigation/2019/08/07/46-countries-sign-the-new-singapore-convention-on-mediated-settlements/
Don't forget to subscribe to the banking litigation blog: https://hsfnotes.com/bankinglitigation/subscribe/
In this third episode of our Private Wealth and Charities podcast series Richard Norridge and Mark Adair discuss music and law. Mark had a successful career as a composer before joining the firm, and shares his thoughts on what he has taken from his creative past into his legal career.
Part 2 of 2
In the third episode of our Private Wealth and Charities podcast series Richard Norridge and Mark Adair discuss music and law. Mark had a successful career as a composer before joining the firm, and shares his thoughts on what he has taken from his creative past into his legal career.
Part 1 of 2
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions.
You can find links to our blog posts on some of the cases covered in this podcast below:
• Court of Appeal clarifies test for rectifying terms of written contract for common mistake
hsfnotes.com/bankinglitigation/2019/08/05/court-of-appeal-clarifies-test-for-rectifying-terms-of-written-contract-for-common-mistake/
• Commercial Court considers contractual discretion of bank to close customer account without notice where there is suspicion of money laundering
hsfnotes.com/bankinglitigation/2019/07/31/commercial-court-considers-contractual-discretion-of-bank-to-close-customer-account-without-notice-where-there-is-suspicion-of-money-laundering/
• Supreme Court clarifies broad scope of court’s discretion to grant non-party access to court documents
hsfnotes.com/litigation/2019/07/30/supreme-court-clarifies-broad-scope-of-courts-discretion-to-grant-non-party-access-to-court-documents/
• High Court finds there is no power to stay English proceedings to give effect to exclusive jurisdiction clause in favour of non-EU court unless proceedings were commenced first in the foreign court
hsfnotes.com/litigation/2019/07/09/high-court-finds-there-is-no-power-to-stay-english-proceedings-to-give-effect-to-exclusive-jurisdiction-clause-in-favour-of-non-eu-court-unless-proceedings-were-commenced-first-in-the-foreign-court/
• What securities litigators need to know about the new Prospectus Regulation
hsfnotes.com/bankinglitigation/2019/07/24/what-securities-litigators-need-to-know-about-the-new-prospectus-regulation/
Craig Tevendale, James Doe and Rebecca Warder provide an introduction to the key characteristics of construction arbitrations and how to plan for them.
Speakers: Craig Tevendale (Partner, UK Head of International Arbitration), James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Rebecca Warder (Professional Support Lawyer in the International Arbitration Group)
The second episode of our Private Wealth and Charities podcast series considers some recent decisions from the English courts in respect of out of time claims for reasonable financial provision brought under the Inheritance (Provision for Family and Dependants) Act 1975.
The Herbert Smith Freehills Private Wealth and Trusts blog, where you can find more detail about the cases discussed in this podcast, is available here. https://hsfnotes.com/pwtd/
In our Corporate Crime & Investigations podcast we look to bring you timely and incisive commentary on key developments in the CC&I space.
In this inaugural episode we take a look at the Deferred Prosecution Agreements landscape. In particular we set in context the latest DPA agreed between the SFO and a subsidiary in the Serco Group of companies.
Read our FSR and CC&I blog post here: https://hsfnotes.com/fsrandcorpcrime/2019/07/10/approval-of-uks-fifth-dpa-concludes-sfo-investigation-into-serco-companies/
The judgment approving the DPA can be found here: https://www.judiciary.uk/wp-content/uploads/2019/07/serco-dpa-4.07.19-2.pdf
The DPA and Undertaking by Serco Group can be found here https://www.sfo.gov.uk/download/deferred-prosecution-agreement-serco-geografix-ltd-sfo/
The SFO press release can be found here https://www.sfo.gov.uk/download/deferred-prosecution-agreement-serco-geografix-ltd-sfo/
The firm's global head of energy Lewis McDonald and Beijing energy partner Monica Sun discuss latest trends and developments with respect to the China LNG market. In particular, Monica shares insights and key considerations from on the ground in China.
Rachel Pinto, Pensions Partner, Herbert Smith Freehills discusses the implications of GMP equalisation for bulk annuity transactions with Uzma Nazir, Head of Origination Structuring, Pension Insurance Corporation. In the discussion, Uzma shares her views on:
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how insurers are approaching the issue of GMP equalisation
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how GMP equalisation and the different implementation methodologies may impact insurers' pricing
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the potential benefits of GMP conversion, and
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whether GMP equalisation is causing difficulties for bulk annuity transactions that are currently in progress.
Michael Sharp (Associate) and Noe Minamikata (Professional Support Lawyer) discuss how to navigate settlement discussions and prepare settlement agreements.
The first episode of our new Private Wealth and Charities podcast series considers three recent decisions from the English and New Zealand courts in respect of some potentially surprising heads of liability individuals involved in private wealth structures might face.
The Herbert Smith Freehills Private Wealth and Trusts blog is available here. https://hsfnotes.com/pwtd/
Our case update on Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 is available here. https://sites-herbertsmithfreehills.vuturevx.com/38/15233/compose-email/case-law-update---new-test-for-criminal-dishonesty..asp
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions.
Don't forget to subscribe to the Banking Litigation Blog:
https://hsfnotes.com/bankinglitigation/subscribe/
You can find links to our blog posts on some of the cases covered in this podcast below:
Commercial Court adopts broad interpretation of investment bank fee clause in equity and debt finance raising https://hsfnotes.com/bankinglitigation/2019/07/15/commercial-court-adopts-broad-interpretation-of-investment-bank-fee-clause-in-equity-and-debt-finance-raising/
Court of Appeal decision illustrates proper application of compensatory principle of damages, as well as modern approach to contractual interpretation https://hsfnotes.com/litigation/2019/07/08/court-of-appeal-decision-illustrates-proper-application-of-compensatory-principle-of-damages-as-well-as-modern-approach-to-contractual-interpretation/
High Court confirms LMA anti set-off clause applies to equitable set-off https://hsfnotes.com/bankinglitigation/2019/06/27/high-court-confirms-lma-anti-set-off-clause-applies-to-equitable-set-off/
New Hague Judgments Convention: finally adopted but may be some years before impact is felt https://hsfnotes.com/litigation/2019/07/05/new-hague-judgments-convention-finally-adopted-but-may-be-some-years-before-impact-is-felt/
High Court finds SFO can compel production of documents held by foreign company outside the jurisdiction https://hsfnotes.com/bankinglitigation/2018/11/12/high-court-finds-sfo-can-compel-production-of-documents-held-by-foreign-company-outside-the-jurisdiction/
Nicholas Peacock (Partner, London) and Stuart Paterson (Partner, Dubai) discuss recent trends in the enforcement of arbitration awards in the Middle East, in particular on the United Arab Emirates, Saudi Arabia and Qatar.
Tim Smith, a professional support lawyer in Herbert Smith Freehills' pensions practice discusses pensions policy with Steve Webb, former Minister of State for Pensions and now director of policy at Royal London. In this second part of the discussion, Steve shares his views on the pensions tax regime, ESG investing, Brexit and how the current political instability at Westminster might play out. #pensions #pensionspolicy #ESG #Brexit
Tim Smith, a professional support lawyer in Herbert Smith Freehills' pensions practice discusses pensions policy with Steve Webb, former Minister of State for Pensions and now director of policy at Royal London. In this first part of the discussion, Steve shares his views on the Pensions Regulator, tougher regulation, auto-enrolment and pension freedoms. #pensions #pensionspolicy #ESG #Brexit
Adam Charles and Cecilia Mehl discuss the pros and cons of common equity capital raising structures in the Australian market and briefly explore an entitlement offer underwriting structure that they have seen work well for bidders looking to fund large-scale acquisitions in the context of a competitive bid process
International arbitration experts Nicholas Peacock (Partner) and Alexander Khretinin (Senior Associate) discuss recent trends in the enforcement of arbitration awards in Russia with key takeaways for banks, financial institutions and others doing business with Russian parties.
In this second instalment of the WHS Safety Law series, our WHS specialist partners Aaron Anderson (Brisbane) and Steve Bell (Melbourne) share their thoughts on the important issue of Director and Officer ‘due diligence’ under safety laws.
These obligations impose high standards on senior leaders to actively engage in governance over safety matters. Steve and Aaron explore the nature of the obligations, but also have a lively discussion about whether the laws are actually working as intended, and are being enforced by regulators fairly and accurately.
At the end of the podcast, Steve and Aaron take listeners thorough their approach to advising Boards and leaders on these obligations, and share their approach to advising in this area.
In this podcast, Tim Smith, professional support lawyer, discusses DB consolidation, which is an emerging de-risking solution for defined benefit pension schemes, with a particular focus on the proposed regulatory regime and whether consolidation is something that trustees can agree to.
In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions.
Don't forget to subscribe to the Banking Litigation Blog. https://hsfnotes.com/bankinglitigation/subscribe/
You can find links to our blog posts on some of the cases covered in this podcast below:
Persimmon Homes Limited v Hillier and Creed [2019] EWCA Civ 800 https://hsfnotes.com/litigation/2019/06/05/court-of-appeal-upholds-decision-rectifying-share-purchase-agreement-and-disclosure-letter/
Ramona Ang v Reliantco Investments Limited [2019] EWHC 879 (Comm) https://hsfnotes.com/bankinglitigation/2019/05/22/commercial-court-gives-guidance-on-definition-of-consumer-under-recast-brussels-regulation-in-cryptocurrency-futures-trading-case/
BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2019] EWCA Civ 768 https://hsfnotes.com/bankinglitigation/2019/05/21/court-of-appeal-finds-isda-jurisdiction-clause-trumps-competing-clause-in-related-contract/
UTB LLC V Sheffield United Ltd & others [2019] EWHC 914 (Ch) https://hsfnotes.com/litigation/2019/05/07/disclosure-pilot-high-court-clarifies-transitional-operation-and-considers-privilege-claims/
Calonne Construction Ltd v Dawnus Southern Ltd [2019] EWCA Civ 754 https://hsfnotes.com/litigation/2019/05/16/court-of-appeal-finds-offer-relating-to-unpleaded-counterclaim-was-valid-under-part-36/
LIBOR discontinuation – FCA thematic feedback on responses to Dear CEO letter https://hsfnotes.com/bankinglitigation/2019/06/06/libor-discontinuation-fca-thematic-feedback-on-responses-to-dear-ceo-letter/
Olivia Liang (Associate) and Noe Minamikata (Professional Support Lawyer) discuss how to prepare for a potential construction dispute.
M&A experts Rodd Levy, Jason Jordan and Sam Kings discuss advising Healthscope in relation to the competing proposals from BGH and Brookfield and the eventual transaction implemented (including the novel two-tier structure).
Toby Eggleston and Sam Kings discuss recent developments in demergers and what they might mean for the future.
Documents referred to in this episode below.
ATO draft determination on meaning of restructure: https://www.ato.gov.au/law/view/document?docid=DXT/TD2019D1/NAT/ATO/00001
Greenwoods submission on ATO draft determination: http://www.greenwoods.com.au/media/2140/td-2019_d1-submission-may-2019.pdf
Katherine Wu’s annotated guide to the SEC's complaint against KIK: https://www.katherinewu.me/writings/2019/6/4/annotated-guide-to-the-secs-complaint-against-kik
Herbert Smith Freehills and Global Counsel have joined forces to explore the key issues affecting foreign direct investment from a legal and political perspective. Each podcast looks at how specific regimes across the world shape wider global trends, covering what transacting parties should be aware of.
In this, sixth episode, Veronica Roberts, an anti-trust partner in Herbert Smith Freehills' competition practice, leads a discussion about foreign direct investment in China. She talks to Karen Ip and David Dawborn, corporate partners at Herbert Smith Freehills and Ying Staton, head of Asia at Global Counsel.
This podcast series features Herbert Smith Freehills practitioners discussing transactional trends through a legal lens. In this episode, we explore the impact of climate change on banks.
How to assess the legal merits of construction claims
James Doe (UK Head of Construction & Infrastructure Disputes) and Noe Minamikata (Professional Support Lawyer) discuss how to assess the legal merits of construction claims, with a particular focus on claims brought by contractors against employers.
In our final podcast for our Federal Election series, Partner Anthony Longland asks Wendy Fauvel, Senior Associate responsible for our pre-election Industrial Relations Law Reform Agendas, what the Coalition are proposing in relation to industrial relations this year. Are there changes ahead or is it simply business as usual?
In the first podcast in our work health and safety (WHS) series, our WHS Partners, Steve Bell and Aaron Anderson, discuss the impending introduction of industrial manslaughter offences across Australia. They reflect on the progress and trends since it was introduced in Queensland, following the tragic Dreamworld and Eagle Farm fatalities. Steve and Aaron look to the future function of the legislation as it is introduced in other States, including the recommendations and implications of the Boland Report, and what in-house safety, risk or legal teams should do to prepare their business for this new regime.
Herbert Smith Freehills and Global Counsel have joined forces to explore the key issues affecting foreign direct investment from a legal and political perspective. Each podcast looks at how specific regimes across the world shape wider global trends, covering what transacting parties should be aware of.
In this, fifth episode, Veronica Roberts, an anti-trust partner in Herbert Smith Freehills' competition practice, leads a discussion about foreign direct investment in Australia. She talks to Matt Fitzgerald, a corporate partner at Herbert Smith Freehills and Stephen Adams, senior director at Global Counsel.
This podcast series features HSF practitioners discussing transactional trends through a legal lens. In this episode, we look at the latest in UK securities litigation.
In this edition of the banking litigation podcast we look at several recent judgments including BV Nederlandse v Rembrandt, Deutsche Bank v Netherlands, CFH v Merrill Lynch, Davey v Money and Willers v Joyce.
You can find the blog posts referenced in this episode here:
BV Nederlandse v Rembrandt: https://hsfnotes.com/litigation/2019/05/01/court-of-appeal-confirms-no-claim-for-third-partys-loss-unless-common-intention-to-benefit-the-third-party-at-the-time-of-contracting/
Deutsche Bank v Netherlands: https://sites-herbertsmithfreehills.vuturevx.com/34/19880/may-2019/court-of-appeal-confirms-isda-1995-credit-support-annex-does-not-provide-for-payment-of--negative-interest-.asp
Davey v Money: https://hsfnotes.com/litigation/2019/04/24/high-court-declines-to-apply-so-called-arkin-cap-to-restrict-funders-liability-for-adverse-costs/
Willers v Joyce: https://hsfnotes.com/litigation/2019/05/02/high-court-finds-parties-agreed-to-vary-application-of-without-prejudice-rule-in-subsequent-without-prejudice-save-as-to-costs-correspondence/
Herbert Smith Freehills and Global Counsel have joined forces to explore the key issues affecting foreign direct investment from a legal and political perspective. Each podcast looks at how specific regimes across the world shape wider global trends, covering what transacting parties should be aware of.
In this, fourth episode, Veronica Roberts, an anti-trust partner in Herbert Smith Freehills' competition practice, leads a discussion about foreign direct investment in the US, including how political rhetoric is influencing developments. She talks to Joe Falcon, a disputes partner at Herbert Smith Freehills and Stephen Adams, senior director at Global Counsel.
Herbert Smith Freehills and Global Counsel have joined forces to explore the key issues affecting foreign direct investment from a legal and political perspective. Each podcast looks at how specific regimes across the world shape wider global trends, covering what transacting parties should be aware of.
In this, third episode, Veronica Roberts, an anti-trust partner in Herbert Smith Freehills' competition practice, leads a discussion about developments in the EU focusing on the current Commission proposals and the changing approaches in both France and Germany. She talks to Kyriakos Fountoukakos and Marius Boewe, competition partners at Herbert Smith Freehills, Tom White, Head of Europe at Global Counsel and Hubert Segain, a corporate partner at Herbert Smith Freehills.
As part of our series on the employment and industrial relations reforms leading up to the Australian federal election, our latest podcast focuses on the proposed reforms to whistleblower legislation and how similar laws have operated in the US, including the impact they have had upon business.
It’s essential listening to assist understanding of the potential implications of the suggested reforms. The podcast is moderated by Perth Partner Anthony Longland, who is joined by New York Partner Barbara Roth and Sydney based Executive Counsel Shivchand Jhinku.
M&A experts Rodd Levy, Kam Jamshidi and Sam Kings discuss recent takeover defence tactics in Australia drawing on an analysis of transactions from 2018 and consider the lessons that can be learned from various transactions.
According to The National Autistic Society, only 16% of autistic adults are in full-time employment – a figure unchanged for ten years. Autistic graduates are also twice as likely to be unemployed as non-autistic graduates. With 60% of employers worried they may not be able to provide appropriate support, the firm, together with Autism Forward, aims to continue building a supportive and inclusive working environment for autistic employees, removing barriers and inspiring change.
Richard King spoke to Luke Poulton, an AV Technician at Royal Bank of Scotland - who is on the autistic spectrum - about his experiences when it comes to interviews and what firms could do better to tailor their approach to make people with autism feel more at ease in these environments.
Speaker Info:
Co-sponsor of the Ability Network and Chief Legal Operations Officer at Herbert Smith Freehills, Richard King: https://www.linkedin.com/in/richard-king-89a6741/
AV Technician at Royal Bank of Scotland, Luke Poulton: https://www.linkedin.com/in/luke-poulton-7948b616b/
Herbert Smith Freehills and Global Counsel have joined forces to explore the key issues affecting foreign direct investment from a legal and political perspective. Each podcast looks at how specific regimes across the world shape wider global trends, covering what transacting parties should be aware of.
In this, the first episode, Veronica Roberts, an anti-trust partner in Herbert Smith Freehills' competition practice leads a discussion about how foreign direct investment regimes are evolving. Veronica talks to Mike Flockhart, a corporate partner at Herbert Smith Freehills and Gregor Irwin, chief economist at Global Counsel
In this edition of the banking litigation podcast we look at several recent judgments including ACL Netherlands v Lynch, Elite v Barclays Bank, Bates v Post Office and Lehman Brothers Finance v Klaus Tschira.
You can find our e-bulletins on some of the cases covered in this episode here:
ACL Netherlands v Lynch https://hsfnotes.com/litigation/2019/03/19/high-court-refuses-permission-for-collateral-use-of-disclosed-documents-and-witness-statements-to-respond-to-us-grand-jury-subpoena/
Elite v Barclays https://sites-herbertsmithfreehills.vuturevx.com/34/19620/march-2019/court-of-appeal-emphasises-the-need-to-plead-conspiracy-claims-in-full.asp
Deutsche Trustee v Duchess https://sites-herbertsmithfreehills.vuturevx.com/34/19675/april-2019/high-court-applies-contractual-interpretation-principles-in-collateralised-loan-obligation-transaction.asp
Bates v Post Office https://hsfnotes.com/litigation/2019/04/01/high-court-provides-guidance-on-relational-contracts-and-implied-duties-of-good-faith/
Chudley v Clydesdale bank https://sites-herbertsmithfreehills.vuturevx.com/34/19658/april-2019/letters-of-instruction--banks--liability-to-third-parties-clarified-by-court-of-appeal.asp
Lehman Brothers Finance v Klaus Tschira https://sites-herbertsmithfreehills.vuturevx.com/34/19445/march-2019/important-high-court-guidance-on-the-limits-of-determining-party-s-discretion-when-calculating-loss-under-the-1992-isda-master-agreement.asp
Sign up to our banking litigation e-bulletins here: https://sites-herbertsmithfreehills.vuturevx.com/18/14587/landing-pages/subscribe.asp