Shows
Herbert Smith Freehills Kramer PodcastsInvestigate 360: EP11 – What happens if one of your agents gives a bribe overseas?Following new amendments to Australian anti-bribery and corruption laws introduced in September 2024, HSF Kramer Partners Leon Chung, Tania Gray and Eunice Park delve further into the offence and what Australian corporates should do if they find themselves in a foreign bribery situation and practical steps organisations can take to address risks. We are joined by HSF Kramer London Partner Kate Meakin to share practical insights from the United Kingdom’s experiences with similar laws.2025-07-1517 min
Herbert Smith Freehills Kramer PodcastsInside arbitration podcasts: "Reforming Arbitration: A Global Perspective"In this episode, Vanessa Naish and Liz Kantor are joined by Patricia Nacimiento, Laurence Franc-Menget, and Francis Greenway to explore recent and proposed reforms to arbitration laws in the UK, Germany, France, and Singapore. The discussion unpacks the motivations behind each jurisdiction’s legislative updates, highlights key proposals, and considers their broader implications for international arbitration practice. Whether you're a practitioner, policymaker or arbitration enthusiast, this episode offers valuable insights into the evolving global arbitration landscape.2025-07-0226 min
Herbert Smith Freehills Kramer PodcastsTax Bites EP16: Thin capitalisation updateIn this episode of the Herbert Smith Freehills Kramer 'Tax Bites' podcast, host Toby Eggleston alongside Professor Graeme Cooper and fellow partner Ryan Leslie, explore the complexities of the third party debt test as it relates to Australia's thin capitalisation rules.
Key discussions include the overview and operational intricacies of the third party debt test introduced to replace the arm's length debt test, the guidance and issues arising from the ATO, and the impact of these changes on the infrastructure and property sectors. Special segments also cover the ATO's draft practical compliance guidelines on related party financing and the tax...2025-06-2748 min
Herbert Smith Freehills Kramer PodcastsInside Employment (Australia) EP2: Policy Parallels – Industrial Relations and ImmigrationIn our second episode of Inside Employment, we explore the evolving intersection between industrial relations and immigration law. As regulatory frameworks continue to shift, we’re seeing increasing crossover in the concepts and compliance expectations that govern both domains.
Joining host Drew Pearson, Partner at Herbert Smith Freehills Kramer, and Executive Counsel Sophie Beaman, is special guest Charles Johanes from Fragomen. Together, they unpack the parallels between recent developments in IR legislation and the emerging trends in immigration compliance. From the growing role of regulators to the shared challenges faced by employers navigating these complex landscapes, this conversation offers valuable in...2025-06-2528 min
Herbert Smith Freehills Kramer PodcastsTax Bites EP15: Understanding Section 899: US retaliatory tax measuresIn 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...2025-06-1632 min
Herbert Smith Freehills Kramer PodcastsCommercial litigation EP31: General updateThis 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...2025-06-1023 min
Herbert Smith Freehills Kramer PodcastsTax Bites EP14: Election Season Tax Policy Updates and Impact on BusinessesIn 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 Welcome
00:37 Election Cycle Updates
01:50 Tax Proposals for Individuals
08:49 Tax Proposals for Small Businesses
15:15 Venture Capital and Fuel Excise
18:01 Unenacted Measures an...2025-04-2432 min
Herbert Smith Freehills Kramer PodcastsPublic Law Podcast EP20: Easter wrap up of key developmentsIn 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...2025-04-2315 min
Herbert Smith Freehills Kramer PodcastsCross Examining Cyber EP16: Cross Examining Mark RigottiIn 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...2025-04-1637 min
Herbert Smith Freehills Kramer PodcastsPublic Law EP19: Transparency in AITransparency in AI - The legal principles governing decision-making by public authorities and regulators
In 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...2025-04-0214 min
Herbert Smith Freehills Kramer PodcastsInsurance Bites EP3: Insurance implications of the motor finance broker commission casesIn 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 fi...2025-04-0115 min
Herbert Smith Freehills Kramer PodcastsCommercial Litigation EP30: General updateIn 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 re...2025-03-2421 min
Herbert Smith Freehills Kramer PodcastsInside Arbitration Podcasts EP6: The Adverb that Changed EverythingThe Adverb that Changed Everything: Arbitration, State Immunity and the case of General Dynamics v Libya
Join 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.2025-03-2119 min
Herbert Smith Freehills Kramer PodcastsCommercial Litigation EP29: Class ActionsIn 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...2025-02-0427 min
Herbert Smith Freehills Kramer PodcastsInside Arbitration Podcasts: Tools of the Trade: Anti-Suit Injunctions and their impact in 2024Join 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.2025-01-2021 min
Herbert Smith Freehills Kramer 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 Kramer 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 Kramer 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 Kramer PodcastsCommercial Litigation EP28: General updateIn this 28th episode of our series of commercial litigation update podcasts, we give updates on developments relating to representative actions and litigation funding, a couple of interesting contract law cases, on waiver of contractual rights to terminate and the interplay between a liability cap and set-off, and a Court of Appeal decision relating to liability for secret commissions in the motor finance context, which has potentially broader implications. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by James Farrell, a disputes partner, and Nic Patmore, a senior associate in...2024-11-2716 min
Herbert Smith Freehills Kramer 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 Kramer 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
Herbert Smith Freehills Kramer 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 Kramer PodcastsCommercial Litigation EP27: General updateIn 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...2024-09-2514 min
Herbert Smith Freehills Kramer 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
Financial Services Disputes and RegulationDispute Resolution Podcast: Exploring dispute resolution choices and Hague Judgments Convention 2019In 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 weig...2024-09-1617 min
Herbert Smith Freehills Kramer PodcastsDispute Resolution Podcast: Exploring dispute resolution choices and Hague Judgments Convention 2019In 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 bala...2024-09-1617 min
Herbert Smith Freehills Kramer PodcastsCross Examining Cyber EP10: Cross Examining David Thodey - Part 1In 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...2024-09-0535 min
Herbert Smith Freehills Kramer PodcastsInside Arbitration Podcasts: The Arbitration Bill revisitedJoin 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.2024-08-2120 min
Herbert Smith Freehills Kramer 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 Kramer PodcastsCommercial Litigation EP26: General updateIn 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...2024-07-2418 min
Herbert Smith Freehills Kramer 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 Kramer 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 Kramer PodcastsCommercial litigation EP25: Special Edition on the Hague Judgments Convention 2019In 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.2024-06-2818 min
Herbert Smith Freehills Kramer PodcastsPublic Law Podcast EP15: Interim Injunctions in judicial reviewInterim Injunctions in judicial review: key points to take away from British Standards Institution v RRR Manufacturing
In the latest edition of our Public Law Podcast series, James Wood and Antonia Smith are joined by Tim Johnston of Brick Court Chambers, to discuss interim injunctions in the context of judicial review proceedings, including in the light of the recent Court of Appeal decision in British Standards Institution v RRR Manufacturing Pty Ltd, R (on the application of) [2024] EWCA Civ 530.
The podcast includes a refresher from Antonia on interim injunctions in judicial review – what they are, why they are sought and th...2024-06-2016 min
Herbert Smith Freehills Kramer 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 Kramer 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 Kramer 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 Kramer 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 Kramer 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 Kramer 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 Kramer PodcastsCommercial Litigation EP24: General updateIn this 24th episode of our series of commercial litigation update podcasts, we look at the Civil Justice Council's review of the litigation sector, a recent development in a case on representative actions, an important recent Supreme Court decision on force majeure clauses, and a couple of cases on privilege and disclosure. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Emma Deas, a disputes 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...2024-05-2315 min
Herbert Smith Freehills Kramer 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 Kramer 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 Kramer 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
Herbert Smith Freehills Kramer 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 Kramer 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
Herbert Smith Freehills Kramer PodcastsCommercial Litigation EP23: General updateIn 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 o...2024-03-2118 min
Herbert Smith Freehills Kramer PodcastsInside Arbitration Podcasts: Clause and Effect: Unicredit, Enka and the Arbitration BillJoin 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.2024-03-0415 min
Herbert Smith Freehills Kramer 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 Kramer 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 Kramer PodcastsCommercial Litigation EP22: General updateIn 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...2024-01-2316 min
Herbert Smith Freehills Kramer PodcastsInside Arbitration Podcasts: English arbitration developments 2023Join 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 Consultant2024-01-0813 min
Herbert Smith Freehills Kramer 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 Kramer PodcastsCommercial Litigation EP21: General updateIn this 21st episode of our series of commercial litigation update podcasts, we look at developments relating to litigation funding since the Supreme Court's dramatic decision in Paccar in late July, as well as brief updates on ADR, pre-action conduct and costs. We also discuss developments relating to Russian sanctioned parties, and the disqualification proceedings brought against former non-executive directors of Carillion which came to an abrupt end when the claim was dropped shortly before trial. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Ajay Malhotra, a disputes partner...2023-11-0924 min
Herbert Smith Freehills Kramer 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 Kramer 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 Kramer 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 Kramer PodcastsCommercial Litigation EP20: General updateIn 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...2023-07-2721 min
Herbert Smith Freehills Kramer 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 Kramer 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 Kramer 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 Kramer PodcastsInside IR (Australian Industrial Relations) EP10: Unravelling the IR landscape across five decadesIn 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.2023-06-0653 min
Herbert Smith Freehills Kramer PodcastsCommercial Litigation EP19: General updateIn 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://hs...2023-05-2522 min
Herbert Smith Freehills Kramer PodcastsClass Actions in England and Wales EP6: Product liability group actionsIn 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...2023-05-1118 min
Herbert Smith Freehills Kramer PodcastsPensions podcast: The Evolving At Retirement Pensions MarketIn 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 to discuss:
• the challenges for at retirement decision making;
• retirement product design and advice for members; and
• whether collective DC schemes might offer an alternative solution at retirement.
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.
Contacts
If you would like to...2023-05-0212 min
Herbert Smith Freehills Kramer PodcastsClass Actions in England and Wales EP5: Shareholder class actionsIn 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...2023-04-2034 min
Herbert Smith Freehills Kramer PodcastsEmma And Rebekah Talk IP EP18: No deal! ACCC views on pharma patent dispute settlementIn 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.2023-04-1417 min
Herbert Smith Freehills Kramer PodcastsCommercial Litigation EP18: General UpdateIn this 18th episode of our series of commercial litigation update podcasts, we consider a significant recent decision on representative actions under CPR Part 19, cases on disclosure and judgments handed down under embargo, and a Supreme Court decision on unjust enrichment. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Ben Phillips, an associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• High Court allows claim in respect of secret commissions to proceed as “opt-out” repres...2023-03-2819 min
Herbert Smith Freehills Kramer 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
Herbert Smith Freehills Kramer PodcastsClass Actions in England and Wales EP4: Data class actionsIn 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...2023-03-1327 min
Herbert Smith Freehills Kramer PodcastsEvolution or revolution? Recent developments in pensions M&AIn 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 hsfnotes.com/pensions...2023-03-0940 min
Herbert Smith Freehills Kramer PodcastsOn Just Terms EP8: 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 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 Kramer PodcastsClass Actions in England and Wales EP3: Environmental and human rights-based group actionsIn 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...2023-02-2021 min
Herbert Smith Freehills Kramer PodcastsCommercial Litigation EP17: General UpdateIn 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 pr...2023-01-3119 min
Herbert Smith Freehills Kramer PodcastsClass Actions in England and Wales EP2: Competition claimsIn 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...2023-01-1728 min
Herbert Smith Freehills Kramer PodcastsInvestigate: a 360 degree view of investigations: EP2 Dawn raidsJoin 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.2022-12-1434 min
Herbert Smith Freehills Kramer 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
Herbert Smith Freehills Kramer PodcastsClass Actions in England and Wales: EP1: The evolving landscapeIn 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.2022-12-0716 min
Herbert Smith Freehills Kramer PodcastsCommercial Litigation EP16: General UpdateIn this 16th episode of our series of commercial litigation update podcasts, we look at a couple of recent decisions relating to privilege, two interesting Court of Appeal decisions on good faith and force majeure respectively, and finally we discuss the recent Supreme Court decision in the BTI v Sequana case, which clarifies when directors owe obligations to consider the interests of creditors. 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.
Below you can find links to our blog...2022-12-0116 min
Herbert Smith Freehills Kramer PodcastsEmma And Rebekah Talk IP EP17: COVID-19 vaccines and IPIn 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?2022-11-2112 min
Herbert Smith Freehills Kramer PodcastsEmma And Rebekah Talk IP EP16: Patents for the clean energy transitionIn episode 16, Emma and Rebekah are joined by Andrew Wells from Herbert Smith Freehills’ London office to talk about the role of intellectual property rights in a rapid and fair renewable energy transition. Global players are competing to set increasingly ambitious net-zero emissions targets. Do patents help or hinder the innovations needed to achieve these goals?2022-11-1513 min
Herbert Smith Freehills Kramer PodcastsOn 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
Herbert Smith Freehills Kramer PodcastsOn 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.2022-10-1924 min
Herbert Smith Freehills Kramer PodcastsOn 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.2022-10-1916 min
Herbert Smith Freehills Kramer PodcastsSustainable Cities EP2: The Smart City streetlight modelToday 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...2022-10-1720 min
Herbert Smith Freehills Kramer 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 Kramer PodcastsPensions and Bulk Annuities: EP5In 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 https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/.
To view our other pensions podcasts...2022-10-0515 min
Herbert Smith Freehills Kramer 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 Kramer PodcastsCommercial Litigation EP15: General UpdateIn 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...2022-09-2819 min
Herbert Smith Freehills Kramer PodcastsThe regional evolution of ESG: Reflections from Europe, Australia and South AfricaHerbert 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.2022-09-2641 min
Herbert Smith Freehills Kramer PodcastsPensions and Bulk Annuities: EP4In 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...2022-09-1211 min
Herbert Smith Freehills Kramer PodcastsDesignated/The Bettor's Verdict: Tornado Cash – A Discussion About Sanctions on Crypto BlendersOur 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.2022-09-1230 min
Herbert Smith Freehills Kramer PodcastsDesignated: A Sanctions Podcast EP6Russian 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.2022-08-2625 min
Herbert Smith Freehills Kramer 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
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 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 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 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
Financial Services Disputes and RegulationBanking Litigation Podcast Episode 23: Monthly Update – December 2020 (Christmas Special!)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:High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in Marex...2020-12-0723 min
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