Herbert Smith Freehills Podcasts
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In this episode, join Partner Peter Jones, Regional Head of Emerging Technology (APAC) Susannah Wilkinson, Senior Associate Anjelica Balis and Solicitor Nayan Bhathela as they explore the impact of quantum computing on the financial services sector.
In this episode associate Mark Peters and partner Toby Eggleston discuss the potentially huge changes to the stamp duty regime in Victoria for commercial property. While it initially sounds straightforward, there are a number of nuances and potential issues for future transactions. More details can be found in our tax insights https://hsfnotes.com/taxaustralia/2024/03/22/commercial-and-industrial-property-tax-victorian-duty-reforms/.
Isabella Kelly https://www.herbertsmithfreehills.com/our-people/i/isabella-kelly fires up the crystal ball and invites Tim Stutt https://www.herbertsmithfreehills.com/our-people/t/timothy-stuttand Mel Debenham https://www.herbertsmithfreehills.com/our-people/m/melanie-debenham to share their ESG predictions for 2024. Mel discusses the timing tightrope for decarbonisation projects, Commonwealth environmental legislative reform and a very different approach to regulation. Tim queries if there is an elastic start date for mandatory climate reporting, whilst the required corporate uplift crystallises. Shifting landscapes emerge for Australia’s Sustainable Finance Strategy, post-Voice referendum pathways, the EU’s Corporate Sustainability Due Diligence Directive and Australia’s Modern Slavery Act reform. They emphasise the important interrelationship between ESG spheres and close with some federal election musings around balancing energy policy and cost of living, social and biodiversity impacts. For more, check out the AICD’s Climate Governance Study 2024 https://www.aicd.com.au/risk-management/framework/climate/climate-governance-study-2024-moving-from-vision-to-action.html, for which Herbert Smith Freehills conducted research into ASX 200 governance structures, and the jointly prepared guide Bringing together ESG: Board structures and sustainability https://www.aicd.com.au/risk-management/framework/climate/bringing-together-esg-board-structures-and-sustainability.html.
Under the new offence of failure to prevent fraud, companies can incur liability as a result of acts by their "associated persons". In this episode Elizabeth Head, Rob Hunt and Shannan Casey-Black discuss the types of third parties that can be "associated persons" for this purpose, consider how this compares with similar concepts under the Bribery Act 2010 and the Criminal Finances Act 2017, and provide some advice to companies as they start to think about their risks in this area. You can also read our accompanying briefing on this topic, which is available on our blog https://hsfnotes.com/fsrandcorpcrime/2024/03/22/economic-crime-and-corporate-transparency-act-2023-who-is-an-associated-person-for-the-failure-to-prevent-fraud-offence/. Speakers are Robert Hunt, Elizabeth Head and Shannan Casey-Black
In this 23rd episode of our series of commercial litigation update podcasts, we look at the governments plans for the litigation funding industry, and a consultation on proposals regarding public access to court documents. We also consider two recent cases on costs – more specifically costs against non-parties and security for costs – and a recent privilege decision from the Court of Appeal. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Damien Byrne Hill, a disputes partner, and Meg Lawson, an associate in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. __ __
Hot-on-the-heels of our inaugural podcast, we now bring you Cross Examining Cyber, Episode 2, the cross examination of Hamish Hansford (Part 2). We take the time to speak to Hamish about the SOCI Act, whether we are winning the war on cyber and the role of lawyers in the crisis room.
In this episode of our shareholder activism podcast series, we look at activism in the context of M&A. We discuss how shareholders can: __ __ We also discuss what parties can do to prepare for or ward off a transaction being challenged by a shareholder or group of shareholders. Speakers Laura Ackroyd, Antonia Kirkby and Robert Moore
In our inaugural podcast, we are joined by Hamish Hansford, Deputy Secretary Cyber & Infrastructure Security, Home Affairs.
Partners Nicole Pedler and Alex Mackinnon summarise the Australian capital markets in 2023 and our predictions for 2024, with an expanded review this year to focus on secondary raisings, blog trades and some interesting transaction structures which have emerged in 2023. Explore our review here: https://www.herbertsmithfreehills.com/insights/reports/turning-tides-the-australian-ecm-review-2023
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Nora van Meerwijk. You can find links to our blogs on the cases covered in this podcast below: __ __ Dont forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/.
Our latest episode of Inside IR looks at the second tranche of ‘Closing Loopholes’ reforms, which passed both Houses in mid-February 2024 and included some surprise last-minute additions. Rohan Doyle is joined by HSF partners Anna Creegan and Shivchand Jhinku, who dissect some of the key elements of these important reforms, including the new definition of employment, changes to sham contracting prohibitions, new minimum conditions for non-employee road transport and digital labour platform workers, changes to casual employment, and the all-important new ‘right to disconnect’.
A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies - a Companies House update. Speakers: Sarah Hawes, Head of Corporate Knowledge and Gareth Sykes, Partner
Join Liz Kantor, Vanessa Naish, and guest, Hannah Ambrose, as they delve into the Court of Appeals judgment in the Unicredit v RusChemAlliance case. They unravel why the governing law of the arbitration agreement mattered in that case, and why this remains such a topic of debate in the arbitration community. They will consider how the current position in Enka v Chubb looks set to change in the draft English Arbitration Bill and address the ramifications of that change for anti-suit relief from the English court in support of foreign seated arbitrations.
In this episode associate Geraldine Chan and partner Ryan Leslie join Toby Eggleston to discuss the main takeaways of the Commissioner’s win in the PepsiCo case. More details can be found in our tax insights https://hsfnotes.com/taxaustralia/2024/02/14/decision-alert-federal-court-finds-pepsico-liable-for-royalty-withholding-tax-and-potential-diverted-profits-tax/.
In this episode or our public M&A podcast series, we look at the updated guidance from the Takeover Panel on invoking conditions to an offer and what it means in particular for anti-trust/merger control conditions. Speakers: Antonia Kirkby and Robert Moore
In the first of our "crossover" episodes, Susannah Cogman is joined by Jenny Stainsby from HSFs Financial Services Regulatory team to look at the financial sectors current focus on APP fraud, its interaction with the offence of failure to prevent fraud, and other steps being taken to tackle this widespread fraud typology. Stay tuned for Part 2 of our financial sector focus where we will be looking at some of the other implications of the Economic Crime and Corporate Transparency Act 2023 for financial institutions, as well as further episodes focusing on other key aspects of the Act. You can find further information on APP fraud and the FCAs approach to fraud prevention here: __ __
In the third and final part of our look ahead to potential employment law proposals should the Labour Party secure a win at the next General Election, Partner Tim Leaver, together with Consultant Peter Frost and Senior Associate Sian McKinley, continue to explore the key employment-related proposals put forward by the Labour Party in its Green Paper last year and the recent party conference, with a focus on Labours proposed Fair Pay Agreement revolution and how employers responsible and sustainable business will attract and retain both investors and the best people in the market. Speakers: Tim Leaver, Partner, London; Peter Frost, Consultant, London; Sian McKinley, Senior Associate, London
In the latest edition of our 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 https://soundcloud.com/herbert-smith-freehillsto the channel to receive updates on future episodes Speakers: Jasveer Randhawa (Professional Support Consultant) and James Wood (Senior Associate)
In the latest edition of our Policy Matters Podcast series, Jasveer Randhawa and James Wood discuss challenging policy. This is part two of a series focusing on policy, where we now turn to look at how to challenge a policy that may have a detrimental impact on your business. This podcast first appeared on our Public Law Podcast https://www.herbertsmithfreehills.com/insights/2022-07/public-law-%E2%80%93-the-podcast-series series. Speakers: Jasveer Randhawa (Professional Support Consultant), James Wood (Senior Associate)
In Part 2 of our podcast on greenwashing and ESG in the Australian consumer sector, Sarah Benbow and Patrick Gay look at some situations in Australia where competition in itself may not deliver appropriate ESG outcomes. We explore collaboration between companies in circumstances where there might be said to have been a market failure, or more broadly circumstances where there are benefits to companies work together, and the competition law concerns this could raise.
In the second episode of our Inside Arbitration Podcast, we cover the latest news that the UK government plans to reverse the ruling in Paccar v Road Haulage Association. We first provide a recap of the Supreme Court judgment in Paccar and the implications of that decision, and then look at how the relevant legislative regime for alternative fee arrangements and third party funding interacts with international arbitration. This podcast is hosted by Vanessa Naish, Professional Support Consultant and Liz Kantor, Professional Support Lawyer, and in this episode they are joined by Maura McIntosh, who is also a Professional Support Consultant in the Herbert Smith Freehills litigation team.
In this 22nd episode of our series of commercial litigation update podcasts, we look at some recent developments relating to enforcement of judgments, litigation funding and class actions as well as an important Court of Appeal decision on ADR that came out in late November, and a couple of interesting recent decisions on exclusion clauses and the Unfair Contract Terms Act. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Alex Oddy, a disputes partner, and Martin Hevey, a senior associate in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. · UK signs Hague Judgments Convention 2019: a further step toward facilitating the international enforcement of English judgments https://hsfnotes.com/litigation/2024/01/15/uk-signs-hague-judgments-convention-2019-a-further-step-toward-facilitating-the-international-enforcement-of-english-judgments/ · Government proposes legislation to permit funder DBAs in opt-out competition class actions https://hsfnotes.com/litigation/2023/11/16/government-proposes-legislation-to-permit-funder-dbas-in-opt-out-competition-class-actions/ · Revised litigation funding agreement approved for opt-out competition claim: fee based on multiple of funding was not a DBA https://hsfnotes.com/litigation/2023/11/22/revised-litigation-funding-agreement-approved-for-opt-out-competition-claim-fee-based-on-multiple-of-funding-was-not-a-dba/ · Competition Appeal Tribunal finds funding agreement based on multiple not a DBA, despite express cap by reference to proceeds https://hsfnotes.com/litigation/2024/01/18/competition-appeal-tribunal-finds-funding-agreement-based-on-multiple-not-a-dba-despite-express-cap-by-reference-to-proceeds/ · Representative actions: Court of Appeal decision gives go ahead for secret commissions claim, but suggests only limited issues may be dealt with on “opt-out” basis https://hsfnotes.com/litigation/2024/01/22/representative-actions-court-of-appeal-decision-gives-go-ahead-for-secret-commissions-claim-but-suggests-only-limited-issues-may-be-dealt-with-on-opt-out-basis/ · Courts can compel parties to engage in ADR: Court of Appeal finds comments to the contrary in Halsey not binding https://hsfnotes.com/adr/2023/11/29/courts-can-compel-parties-to-engage-in-adr-court-of-appeal-finds-comments-to-the-contrary-in-halsey-not-binding/ · Exclusion clauses: High Court grants summary judgment as losses fell within clear and unambiguous exclusion clause and UCTA reasonableness test did not apply https://hsfnotes.com/litigation/2023/11/23/exclusion-clauses-high-court-grants-summary-judgment-as-losses-fell-within-clear-and-unambiguous-exclusion-clause-and-ucta-reasonableness-test-did-not-apply/ · Reasonableness of exclusion clause under UCTA: Equality of commercial bargaining strength does not necessarily mean equality of bargaining strength as to contract terms https://hsfnotes.com/litigation/2023/12/07/reasonableness-of-exclusion-clause-under-ucta-equality-of-commercial-bargaining-strength-does-not-necessarily-mean-equality-of-bargaining-strength-as-to-contract-terms/
In the latest edition of our Policy Matters Podcast series, Jasveer Randhawa, James Wood and Paul Butcher discuss shaping and challenging policy. This is part one of a two-part series focusing on policy, and we start by looking at the formal and informal ways in which businesses can influence policy development. This podcast first appeared on our Public Law Podcast series https://www.herbertsmithfreehills.com/insights/2022-07/public-law-%E2%80%93-the-podcast-series. Speakers: Jasveer Randhawa (Professional Support Consultant), James Wood (Senior Associate), Paul Butcher (Director of Public Policy).
In the latest edition of our Public Law Podcast series, Jasveer Randhawa, James Wood and Paul Butcher discuss shaping and challenging policy. This is part one of a two-part series focusing on policy, and we start by looking at the formal and informal ways in which businesses can influence policy development. Don’t forget to subscribe to the channel to receive updates on future episodes.
Decoding the Economic Crime Act – jurisdictional scope of the new Failure to Prevent Fraud OffenceWhich companies inside or outside the UK may be liable under the new Failure to Prevent Fraud Offence? How should companies think about jurisdiction in scoping their reasonable procedures project? In this episode, Susannah Cogman, Brian Spiro and Ali Grodzki provide an overview of the jurisdictional scope of the Failure to Prevent Fraud Offence, which is potentially very broad and differs in important ways from that of the failure to prevent bribery offence under the Bribery Act 2010. You can also read our accompanying briefing on this topic, which is available on our blog https://hsfnotes.com/fsrandcorpcrime/2024/01/16/economic-crime-and-corporate-transparency-act-2023-jurisdictional-scope-of-the-failure-to-prevent-fraud-offence/.
In this episode, we discuss the key legal and practical considerations for investors when dealing with cryptoassets in a UK context. We also explore the changing landscape of regulation of cryptoassets in the UK and the EU. 在本集播客节目中，我们讨论了在英国背景下处理加密资产时，投资者需要考虑的关键法律和实践问题。我们还探讨了英国和欧盟对加密资产监管的变化景观。 Speakers: Alizee Zheng (Senior Associate, Corporate, Shanghai), Esther Zhu (Associate, Dispute Resolution, London), Gloria Schiavo (Trainee Solicitor, Dispute Resolution, London) 主讲人：郑晓夏（上海代表处公司事务部高级律师），Esther Zhu 朱悦尔 (伦敦办公室争议解决部律师)， Gloria Schiavo (伦敦办公室争议解决部实习律师)
A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies - a Companies House special. Speakers: Sarah Hawes, Head of Corporate Knowledge, Gareth Sykes, Partner and Hannah Whitney, Associate
Join Professional Support Lawyer, Liz Kantor, and Professional Support Consultant, Vanessa Naish, as they discuss the key arbitration developments of 2023 in England and Wales. Liz and Vanessa will guide you through their top developments of the past year, discussing their implications for practitioners and clients alike. From legislative reforms to landmark case law, this episode is an essential listen for anyone looking to stay ahead in the dynamic field of English arbitration. Speakers: Elizabeth Kantor, Professional Support Lawyer and Vanessa Naish, Professional Support Consultant
In our latest podcast, Jeremy Walden and Sebastian Taylor, partners in our London Real Estate team, are joined by Adam Regan of HWF Partners to discuss the concept of synthetic warranty and indemnity insurance in real estate transactions and how this product might prove useful for clients seeking to make the most of opportunities in a challenging real estate market.
In our latest podcast we are joined by Tim Leaver, Partner and Dave Palmer, Senior Associate in our Employment team, who are discussing TUPE and why Real Estate sector clients need to consider this in their transactions. The conversation includes: What is TUPE; under what circumstances does it apply and what are the pitfalls in not considering TUPE early in a transaction. Speakers: Sarah Lockwood, Senior Associate, Real Estate; Tim Leaver, Partner, Employment and David Palmer, Senior Associate, Employment
