Shows
Herbert Smith Freehills PodcastsInside IR (Australian Industrial Relations) EP24: End of Year IR WrapIn 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:
1. the steady stre...2024-12-181h 21
Herbert Smith Freehills PodcastsPublic Law Podcast EP18: Christmas Wrap Up of Key DevelopmentsIn 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.
Please find links to our blog posts on the cases covered in this podcast below:
Human rights in climate litigation – thoughts from the Dutch Court of Appeal https://www.herbertsmithfreehills.com/notes/publiclaw/2024-posts/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 https://www.herbertsmithfreehills.com/not...2024-12-1612 min
Herbert Smith Freehills PodcastsInsurance Bites EP2: Talking points for policyholders in the energy sectorIn this episode, we explore some of the current talking points for policyholders in the energy sector which were explored at a session we co-hosted with Airmic (the UK association of Insurance and Risk) at the Onshore Energy Conference in London in November 2024:
• LEG clauses – which we cover in detail in Episode 1 of Insurance Bites https://soundcloud.com/herbert-smith-freehills/insurance-bites-ep1
• A recently certified competition case – Spottiswoode v Nexans France SAS & others [2024] CAT 31
• The first case on section 11 of the Insurance Act - MOK Petro Energy FZC v Argo [2024] EWHC 1935 (Comm)
• PFAS or "forever chemicals"2024-12-0416 min
Herbert Smith Freehills PodcastsGoing for green on real estate transactions: How to champion ESG priorities in LeasesIn this episode of Going for Green on Real Estate Transactions, Nick Hew, a senior associate in the Real Estate practice at Herbert Smith Freehills, is joined by Carolyn Milligan, a partner in the same group, and Neal Scambler, a Corporate Real Estate Advisor. They discuss the current market trends and some of the key considerations regarding green lease provisions and how landlords and tenants can seek to achieve their ESG objectives by including tailored green lease provisions.2024-11-2114 min
Herbert Smith Freehills PodcastsTalking Shop EP17: Retail Real Estate Trends Across the UK & EuropeIn this episode of Talking Shop, Susan Black, a partner in the Competition practice at Herbert Smith Freehills and Global Co-Head of HSF’s Consumer Sector group, is joined by Shona Grey, a partner in HSF's Real Estate practice, and David Evans, a senior associate in the same group. They discuss the resurgence of the retail sector in the UK and Europe, the renewed focus on the role of retail parks and premium retail, and the re-purposing of commercial assets.2024-11-1913 min
ESG Transformation: Conversation SeriesThe Third Wheel (ESG Australia) EP42: Climate reporting – the preparation starts nowAnna 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 i...2024-10-1520 min
Herbert Smith Freehills PodcastsEmployment Espresso Pods: Regulating AI in the workplace – what's next?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 even more about the equalities and employment issues linked to the use of AI and...2024-09-2714 min
Herbert Smith Freehills PodcastsInvesting in the UK for Chinese Speakers EP6: Investment treaty protectionIn 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）2024-09-1916 min
Tax Bites: Insights on tax developmentsTax Bites EP13: Changes to Foreign Resident Capital Gains Tax RegimeIn 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 Introduction00:28...2024-07-2920 min
Herbert Smith Freehills PodcastsTax Bites EP13: Changes to Foreign Resident Capital Gains Tax RegimeIn 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...2024-07-2920 min
Herbert Smith Freehills PodcastsTalking Shop EP16: Retail Real Estate Trends Across APACIn 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 Global Co-Head of HSF’s Real Estate Sector group. 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.2024-07-2410 min
Herbert Smith Freehills PodcastsPublic Law Podcast EP16: Regulation of Artificial IntelligenceIn 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 up...2024-07-1124 min
Herbert Smith Freehills PodcastsManifesto pledges & corporate governanceJoint Herbert Smith Freehills On the Horizon/Policy Matters podcast on the corporate governance related proposals in the manifestos published for the 2024 General Election
Speakers: Paul Butcher, Director of Public Policy and Gareth Sykes, Partner2024-06-1908 min
Herbert Smith Freehills Podcasts"Think for yourself" – FRC chief on the future of corporate governanceInterview with Richard Moriarty, CEO of the Financial Reporting Council
Speakers: Gareth Sykes, Herbert Smith Freehills and Richard Moriarty, Financial Reporting Council
Note that this interview was recorded in May 2024, before the General Election was called.2024-06-1931 min
Herbert Smith Freehills PodcastsOn the Horizon EP8: Manifesto pledges & corporate governanceJoint Herbert Smith Freehills On the Horizon/Policy Matters podcast on the corporate governance related proposals in the manifestos published for the 2024 General Election
Speakers: Paul Butcher, Director of Public Policy and Gareth Sykes, Partner2024-06-1908 min
Herbert Smith Freehills PodcastsOn the Horizon EP9: "Think for yourself" – FRC chief on the future of corporate governanceInterview with Richard Moriarty, CEO of the Financial Reporting Council
Speakers: Gareth Sykes, Herbert Smith Freehills and Richard Moriarty, Financial Reporting Council
Note that this interview was recorded in May 2024, before the General Election was called.2024-06-1931 min
Herbert Smith Freehills PodcastsThe Pensions Exchange: Election Round-UpIn the first episode of our new podcast series looking at trends and issues for pensions law for employers and trustees, The Pensions Exchange, we look at the pensions commitments in the party manifestos in the lead up to the General Election 2024. The Pensions Exchange is moderated by Richard Evans, Professional Support Lawyer in the Pensions Team at Herbert Smith Freehills.
Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe2024-06-1310 min
Herbert Smith Freehills PodcastsThe Third Wheel (ESG Australia) EP42: Climate reporting – the preparation starts nowAnna 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 pla...2024-06-0720 min
Herbert Smith Freehills PodcastsPublic M&A EP23: Competing takeover offersIn 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 Kirkby2024-05-1712 min
Herbert Smith Freehills PodcastsBank of America Legal Diversity Programme: Imposter SyndromeWe 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 Am...2024-05-0847 min
Herbert Smith Freehills PodcastsPublic M&A EP22: UK Takeover Panel consultation on which companies should be subject to the CodeIn 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, Partner2024-05-0108 min
Tax Bites: Insights on tax developmentsTax Bites EP11: Navigating Australia's Tax Landscape: A discussion on recent Part IVA DecisionsIn 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 as...2024-04-2642 min
Herbert Smith Freehills PodcastsTax Bites EP11: Navigating Australia's Tax Landscape: A discussion on recent Part IVA DecisionsIn 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 su...2024-04-2642 min
Herbert Smith Freehills PodcastsThe Third Wheel (ESG Australia) EP39: The ESG Crystal Ball for 2024Isabella 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...2024-03-2528 min
ESG Transformation: Conversation SeriesThe Third Wheel (ESG Australia) EP39: The ESG Crystal Ball for 2024Isabella 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 musing...2024-03-2428 min
Herbert Smith Freehills PodcastsPublic Law Podcast EP13 Shaping and Challenging Policy (Part 2)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 https://soundcloud.com/herbert-smith-freehills
Speakers: Jasveer Randhawa (Professional Support Consultant) and James Wood (Senior Associate)2024-02-0110 min
Herbert Smith Freehills PodcastsInside Arbitration Podcasts: Paccar, its potential reversal, & impact on international arbitration?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...2024-01-2920 min
Herbert Smith Freehills PodcastsCOP28 Insights EP2: The role of the Energy Transition at COP28In the second episode of our COP28 Insights series Jannis Bille speaks with Herbert Smith Freehills's Co-Head of Energy, Lewis McDonald on one of the major themes of the upcoming COP28 – the Energy Transition. They discuss what it means for the energy sector, wider industries, what fast-tracking these developments could look like and the role of COP28.2023-11-2317 min
Herbert Smith Freehills PodcastsCorporate Debt Report 2023In this podcast, Sarah Boyce, Associate Director of the Association of Corporate Treasurers, joins Oliver Henderson, Chelsea Fish, Nick Rutter and Emily Barry of Herbert Smith Freehills to discuss how the Corporate Debt landscape has evolved in 2023. They touch on lending options, the US private placement market and hedging, and look ahead to the launch of the 2024 Corporate Debt Report.2023-10-3112 min
Herbert Smith Freehills PodcastsClass Actions in England and Wales EP9: Looking forwardIn this podcast, Alan Watts, Gregg Rowan and Maura McIntosh look at where class actions are now in England and Wales, and how we see things developing in the next few years.
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 ninth and final episode in our series of podcasts to mark the launch of the second edition of this leading textbook.2023-10-2523 min
Herbert Smith Freehills PodcastsClass Actions in England and Wales EP8: EmploymentIn this podcast, Andrew Taggart, Jenny Andrews, Sian McKinley and Maura McIntosh discuss the types of dispute that are most frequently brought as employment class actions, the procedures that apply, and the strategic challenges and issues that arise for those defending such claims.
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 eighth and penultimate episode in our series of podcasts to mark the launch of the second edition of this leading textbook.2023-09-0716 min
Herbert Smith Freehills PodcastsPensions Podcast - Life as a Professional Trustee: EP1In the latest podcast from the Herbert Smith Freehills’ pensions team, Tim Smith, Professional Support Consultant, is joined by Jane Beverley, Professional Trustee at Law Debenture to discuss:
• what life is like as a professional trustee;
• key challenges schemes are grappling with at the moment;
• a trustee perspective on calls for pension schemes to invest more in growth assets; and
• policy and regulatory changes that would help to improve the UK pension sector.
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 o...2023-06-2710 min
Herbert Smith Freehills PodcastsClass Actions In England And Wales EP7: InsuranceIn this podcast, Greig Anderson, Sarah Irons and Gregg Rowan discuss how insurance can play a significant role in any class action an organisation may face. The podcast looks at the types of insurance policies that may provide cover, the complexities that can arise, and the steps insured defendants should take to ensure they comply with the terms of the policy to preserve coverage and ultimately be able to bring a successful insurance claim.
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...2023-06-2018 min
Herbert Smith Freehills PodcastsPension podcast: What next for the PPI's UK Pension Framework?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...2023-06-1216 min
Herbert Smith Freehills PodcastsPensions Podcast: Launching The Living PensionWe 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 ord...2023-03-2216 min
On Just TermsOn Just Terms EP8: Battles, contests and a little bit of colourIn 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.2023-03-0831 min
Herbert Smith Freehills PodcastsFive pensions developments to look out for in 2023In 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 https://hsfnot...2022-12-1211 min
ESG Transformation: Conversation SeriesThe Third Wheel Podcast (ESG In Australia): Episode 21In this episode, our Employment, Industrial Relations and Safety team take the wheel, with Nerida Jessup and Drew Pearson hosting special guest, Professor Brock Bastian, School of Psychological Sciences, University of Melbourne. They build upon an earlier episode (#14) and the concept that good work is good for people, by delving into some of the strategies that give people the capacity to respond to difficult experiences and navigate conflict, maintain positive relationships and build effective workplace cultures.Listen to episode 14 here: Herbert-smith-freehills – The-third-wheel-podcast-esg-in-australia-episode-142022-12-0535 min
On Just TermsOn Just Terms EP6: Battles, contests and a little bit of colour with Michael Pelly, AFRIn 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.2022-11-1532 min
On Just TermsOn Just Terms EP3: Why it shouldn’t feel ‘unnatural’ to have a litigator at the planning tableIn 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.2022-10-2630 min
On Just TermsOn Just Terms EP2: Increased risks, but riskier depends on context with Mark Rigotti, AICDIn 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.2022-10-1816 minOn Just TermsOn Just Terms EP1: Balance, benefit and burden with Arlene Tansey, NEDIn 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.2022-10-1824 min
Herbert Smith Freehills PodcastsNew long-term funding requirements for DB schemes – Are they fit for purpose?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...2022-10-1711 min
Herbert Smith Freehills PodcastsThe Third Wheel (ESG Australia) EP21: Positive workplace culturesIn this episode, our Employment, Industrial Relations and Safety team take the wheel, with Nerida Jessup and Drew Pearson hosting special guest, Professor Brock Bastian, School of Psychological Sciences, University of Melbourne. They build upon an earlier episode (#14) and the concept that good work is good for people, by delving into some of the strategies that give people the capacity to respond to difficult experiences and navigate conflict, maintain positive relationships and build effective workplace cultures.
Listen to episode 14 here: https://soundcloud.com/herbert-smith-freehills/the-third-wheel-podcast-esg-in-australia-episode-14?in=herbert-smith-freehills/sets/the-third-wheel-podcast-esg-in2022-09-2835 min
Herbert Smith Freehills PodcastsPension disputes EP2: How can trustees protect themselves against personal liability?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 pro...2022-07-1810 min
Herbert Smith Freehills PodcastsBanking Litigation Podcast EP33: Monthly Update – March/April 2022In 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:
- 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/
- Court of Appeal finds Quincecare duty is not limited to...2022-05-0417 min
Financial Services Disputes and RegulationBanking Litigation Podcast Episode 33: Monthly Update – March/April 2022In 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:High Court finds developers did not owe duty to cryptoasset owners to enable access to lost cryptoassetsCourt of Appeal finds Quincecare duty is not limited to corporate customers and can (i...2022-05-0417 minESG Transformation: Conversation SeriesThe Third Wheel Podcast (ESG in Australia): Episode 8In 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 Aborig...2022-04-0626 minFinancial Services Disputes and RegulationRegulation in Focus EP7: Operational Resilience – a discussion on implementation & practicalities for firmsThe 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 FC...2022-02-1021 minESG Transformation: Conversation SeriesPensions and ESG: EP1 – The evolving landscapeIn this podcast, Ashley Hamilton-Claxton, Head of Responsible Investment at Royal London Asset Management, shares her:views on how pension schemes and asset managers are responding to recent legal and regulatory changes relating to pensions and ESGinsights on how attitudes to ESG risks are being affected by Covid-19tips on how trustees should go about preparing their new investment implementation statementsexpectations for how this area is likely to develop in the coming years, andthoughts 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, H...2022-01-0220 min
Financial Services Disputes and RegulationBanking Litigation Podcast Episode 31: SPECIAL EDITION - PrivilegeIn 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:High Court applies narrow interpretation of “client” for purposes of legal advice privilegeCourt of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “...2021-12-1321 minESG Transformation: Conversation SeriesThe Third Wheel Podcast (ESG in Australia): Episode 7In 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 proj...2021-11-2322 minESG Transformation: Conversation SeriesThe Third Wheel Podcast (ESG in Australia): Episode 6In 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 br...2021-11-2328 minESG Transformation: Conversation SeriesEP12: The rise of ESG and employee activism in the USFollowing 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 Freehills2021-11-0906 minFinancial Services Disputes and RegulationBanking Litigation Podcast EP29: Monthly update - September/October 2021In 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 duressCourt of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6Banking...2021-10-2619 min
Inside TechMedia and Digital: The Do's and Don'ts of using influencersGrab 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...2021-10-2623 min
Inside TechFintech 2021: From crisis to consolidationIn this episode 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.2021-10-2627 min
Inside TechThe Digital Transformation Journey - An Overview – Part 3Digitalisation Challenges in SingaporeIn 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.2021-10-2626 min
Inside TechThe Digital Transformation Journey - An Overview – Part 1Part 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.2021-10-2615 min
Inside TechThe Digital Transformation Journey - An Overview – Part 2Singapore'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.2021-10-2624 min
Inside TechWomen In Tech Series: Episode 1Listen 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....2021-10-2604 min
ESG Transformation: Conversation SeriesThe Third Wheel Podcast (ESG in Australia): Episode 1In 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.comMelanie.Debenham@hsf.com2021-10-0618 min
Catalyst // Recover...Rebuild...Reform...EP74 Catalyst: Dr Jason Karlawish on dementia and AlzheimersIn 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. V...2021-09-1439 min
ESG Transformation: Conversation SeriesEP10: The use of sustainability-linked and green loans and bonds in corporate debtESG and sustainability is the key corporate treasury trend and that has developed a self-perpetuating momentum, as was shown in the Herbert Smith Freehills Corporate Debt and Treasury Report 2021. In this podcast we discuss the development of sustainability-linked and green loans and bonds in corporate debt.Speakers: Kristen Roberts, Amy Geddes and chaired by Emily Barry.2021-07-2109 min
ESG Transformation: Conversation SeriesEP3: ESG, Decarbonisation and the “Just” Transition: Implications for the oil & gas sectorAs demand for energy continues to grow and emissions continue to rise, the need for cleaner sources of energy is paramount. In this podcast, Tim Pawul, Oil & Gas Council hosts a discussion with Nigel Jenvey, GaffneyCline and Lewis McDonald, Herbert Smith Freehills to explore ESG and decarbonisation in the context of oil & gas around the world, elaborating on the 5-step model for decarbonisation.2021-04-2658 min
ESG Transformation: Conversation SeriesEP1: ESG governance: Developing a robust approach to risks and opportunities accelerated by the pandemicCovid-19 has highlighted the need for businesses and investors to develop a robust approach to ESG and corporate purpose. In this episode, Rebecca Perlman, Herbert Smith Freehills is joined by Philip Collins, Columnist at The Times and former chief speech writer to Tony Blair; and Will Martindale, Director of Policy & Research at the UN Principles for Responsible Investment. Our speakers draw upon their wide-ranging experiences to discuss the short-term ESG risks and opportunities and how to prepare for the months ahead as we move into the recovery phase.2021-04-0856 min
Catalyst // Recover...Rebuild...Reform...Back To Basics Podcast EP5: DCO decisions, challenges to decisions and post-grant changesIn 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...2020-12-0808 min
Catalyst // Recover...Rebuild...Reform...Catalyst: Pink Ribbon Special EditionIn support of the National Breast Cancer Foundation, our Catalyst Webinar/Podcast series was taken over by our virtual Pink Ribbon event where we heard from three remarkable guests who work in the medical innovation and wellness spaces. Our guest speakers were:Prof Sarah Hosking - CEO of the National Breast Cancer Foundation. In continuing our tradition of our Pink Ribbon event, Prof Hosking updated us on NBCF’s current focus and gave an insight into the challenges and achievements in running a not-for-profit business during Covid-19.Prof Sandra O’Toole - H...2020-10-2848 min
Catalyst // Recover...Rebuild...Reform...EP65 Catalyst: Exploring Opportunities: M&A: Merger Control, Foreign Investment Controls and the Regulators - Ten ConsiderationsNote: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.In our final session covering the challenges and opportunities emerging from the Covid-19 pandemic and the impact on...2020-10-2146 min
Catalyst // Recover...Rebuild...Reform...EP64: Catalyst: Observations on the Australian Economy (Australia)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.2020-10-1445 min
Catalyst // Recover...Rebuild...Reform...EP63: Catalyst: Exploring Opportunities: M&A: Distressed M&A - Challenges and OpportunitiesNote: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.This episode looks at distressed M&A, and the challenges and opportunities it brings. The webinar will cover:.2020-10-0845 min
Catalyst // Recover...Rebuild...Reform...EP59 Catalyst: Exploring Opportunities: M&A: back but different?Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.This episode looks at M&A opportunities across EMEA and what is changing in deals. Whilst, as anticipated...2020-09-1545 min
Catalyst // Recover...Rebuild...Reform...EP54 Catalyst: Exploring opportunities: Private capitalNote: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page. This episode looks at how the private equity industry in Europe has dealt with the crisis in the first 100 days o...2020-07-2149 min
Catalyst // Recover...Rebuild...Reform...EP50 CATALYST: Governance: ESG and Corporate Purpose (UK)Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.The pandemic has naturally focused attention on health and safety, and human rights. In doing so, the ESG...2020-07-1056 min
Catalyst // Recover...Rebuild...Reform...EP49 Catalyst: Pressure points: Navigating disputes risks (UK)Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.The pandemic has caused huge disruption to economic activity around the world, and many businesses continue to face...2020-07-0654 min
Catalyst // Recover...Rebuild...Reform...EP47 Catalyst: Reputation risks and opportunities (UK)Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page.In this episode we partner with global communications firm Edelman to explore the legal and reputational risks arising...2020-06-2557 min
Catalyst // Recover...Rebuild...Reform...EP46 CATALYST: Leading in extraordinary timesOn 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 peop...2020-06-2432 min
Catalyst // Recover...Rebuild...Reform...EP45 Catalyst: Repairing the balance sheet – accessing new equity and debt finance (UK)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;Ac...2020-06-1855 min
Catalyst // Recover...Rebuild...Reform...EP41 COVID-19: Pressure points: Next phase of State Aid – deeper bailouts and recapitalisations (EU)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.This episode looks look at what we are beginning, and expect, to see next in terms of bailouts of specific businesses and industries which governments consider to be of strategic importance. Amongst other things, we discuss:what the options are for such a next phase of State-backed recapitalisations, including taking equity;practical...2020-06-0359 min
Catalyst // Recover...Rebuild...Reform...EP38 COVID-19: Predictions for the new normal (Australia)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.2020-05-2729 min
Catalyst // Recover...Rebuild...Reform...EP37 COVID-19: Pressure Points: Re-imagining the sub-Saharan Africa mining sector (Africa)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 Atta...2020-05-271h 14
Catalyst // Recover...Rebuild...Reform...EP35 COVID-19: People: Leading through crises – managing tension across the organisation and balancing employee wellbeing (UK)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page. This episode coincides with the UK Mental Health Week and we are delighted to be joined by Dr Beverley Flint, a clinical psychologist and leading mental health and wellbeing specialist (Director, C&I Wellbeing), and John Flint (former Group CEO of HSBC).This episode looks at the challenges of leadership through c...2020-05-211h 04
Catalyst // Recover...Rebuild...Reform...EP32 COVID-19: People: The return to work strategy - protecting people and places (UK)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.This episode looks at the legal and practical considerations for employers and landlords as we exit the quarantine and prepare for the easing of lockdown restrictions across the UK and EMEA region. Amongst other things, we consider key questions, including actions in relation to:Government requirements and practical recommendations to...2020-05-1859 min
Catalyst // Recover...Rebuild...Reform...EP27 COVID-19: Pressure points: Cybersecurity and data - maximising operational resilience and performance (UK)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.This episode looks at how the virus is accelerating digitalisation and the cyber and data challenges it has brought into sharp relief. We consider the following key questions and actions for management:The cybersecurity risks made more acute by the current disruption, including fraud and ransomware attacks, and the steps...2020-05-0657 min
Catalyst // Recover...Rebuild...Reform...EP24 COVID-19: Pressure points: Managing liquidity – repairing balance sheets (UK)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.This episode looks at the options and practical considerations for organisations beyond the immediate crisis, focused on raising new equity and restructuring operations. Amongst other things, we consider key questions for management, including actions in relation to: Raising new equity;Debt restructuring; Shuttering, carving out businesses and strategic divestments; andGovernment in...2020-05-051h 00
Catalyst // Recover...Rebuild...Reform...EP23 COVID-19: Pressure points: EMEA government support, shifting sands (UK)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.Hosted jointly with Global Counsel, this episode amongst other things considers: European Commission policy developmentsDifferences and similarities in approach between jurisdictions vis-à-vis business financing support and business tax reliefs; andFuture roadmap and lessons learnt - a new Marshall plan?.This episode is chaired by Paula Hodges QC, he...2020-05-0159 min
Catalyst // Recover...Rebuild...Reform...EP20 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...2020-04-2822 min
Catalyst // Recover...Rebuild...Reform...EP19 COVID-19: People: Prioritising wellbeing (UK)Note: This is an audio recording of a special edition wellbeing webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.This episode looks at how we adapt to the impact of Coronavirus – longer periods of remote working, reduced physical and social contact with others and increasing uncertainty bring new opportunities, and unintended consequences for us as individuals and as teams in relation to culture, productivity and engagement. We are jo...2020-04-271h 02
Catalyst // Recover...Rebuild...Reform...EP18 COVID-19 - People: European perspectives (Europe)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page. This episode looks at a number of the key issues currently being faced by employers operating across EMEA, and the transition back to work. Among other things, we consider key questions for management, including in relation to: A summary of the employment protection measures taken across Europe and trends;Protecting the safety of...2020-04-2447 min
Catalyst // Recover...Rebuild...Reform...EP17 COVID-19: Pressure points: Navigating foreign investment and merger control regimes (UK)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.Hosted jointly with Global Counsel, this episode amongst other things considers: Recent FDI regime changes and likely impact on cross-border M&A;Developing a global FDI strategy and communicating with the FDI agencies; andNavigating merger control regimes in the current climate.This episode is chaired by Mark Bardell, a Herbert Smith Fr...2020-04-2456 min
Catalyst // Recover...Rebuild...Reform...EP14 COVID-19: Pressure points: Managing supply chain issues (UK)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page. Hosted jointly with Global Counsel, this episode amongst other things considers: addressing supplier and customer financial distress;competition law issues - pricing, relaxation of competition law rules, abuse of economic dependence;product-related issues arising from over demand or failure of supply chains; andsuspension of performance and other contractual issues.This ep...2020-04-2059 min
Catalyst // Recover...Rebuild...Reform...EP15 COVID-19: Governance: Decision making, reporting and disclosure obligations (UK)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page.This episode amongst other things considers: Board and governance response - immediate response, information flows and decision making;Market disclosures - ongoing disclosure obligations;Corporate reporting - form, substance and timing;Dividends and distributions - directors' duties, policies and regulator views;Shareholder meetings - practicalities and shareholder engagement; and Executive remuneration and sh...2020-04-2059 min
Catalyst // Recover...Rebuild...Reform...EP13 COVID-19: People: The challenges being faced (UK)Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page. This episode looks at a number of the key issues currently being faced by UK employers, and the government support available. Among other things, we consider key questions for management, including in relation to:handling employee sickness, holiday and self-isolation;the challenges around home working;government's Job Retention Scheme (including coverage for p...2020-04-1659 min
Catalyst // Recover...Rebuild...Reform...EP12 COVID-19: Tax and Employment Issues of JobKeeper Payment (Australia)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.2020-04-1532 min
Catalyst // Recover...Rebuild...Reform...EP10 COVID-19: Pressure points: Managing Liquidity - Government Support (Global)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; andState aid as an issue even in these extreme times.Speakers:James Palmer, Chair and Senior Partner, Herbert Smith Freehills LLPLeo Ringer, Adviser, Global CounselKevin Pullen, Partner, Herbert Smith Freehills LLPLode Van Den Hende, Partner, H...2020-04-0242 min
Catalyst // Recover...Rebuild...Reform...EP9 COVID-19: Liquidity, Employment and Contracts (Australia)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.2020-04-0145 min
Catalyst // Recover...Rebuild...Reform...EP2 Part 1 COVID-19: Medical and capital raising issues arising out of COVID–19 (Australia)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.2020-03-2547 min
Catalyst // Recover...Rebuild...Reform...EP2 Part 2 COVID-19: Legal issues arising out of COVID–19 (Australia)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.2020-03-2434 min
Catalyst // Recover...Rebuild...Reform...EP1 COVID-19: Panel Discussion – Impact on Business (Australia)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; andJulian Lincoln, Partner in our Technology, Media and Telecommunications Group.External speakers:Dr Andrew Cuthbertson, Chief Scientific Officer and R&D Director at CSLDamien Gance, Director at Chemist WarehouseHugh Falcon, Head of Capital Ma...2020-03-241h 01
Financial Services Disputes and RegulationBanking Litigation Podcast Episode 12: SPECIAL EDITION – The Lloyds/HBOS Litigation: the outcome, implications and litigation top tipsIn 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).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.2019-11-2821 min