In 2021, we saw record deal values of over USD$4.2 trillion in global M&A activity. However the global deal values had a 33% decline in the second half of 2022 compared to the first half.The market downturn in M&A conditions was also reflected in Asia, although the region as a whole held up relatively better activity-wise than most others. A question of whether 2022 was just a temporary setback for Asia M&A arises, together with how optimistic are we for 2023 given the resilience of ...
Mar 30, 2023•21 min
Join Jason Betts and Aoife Xuereb as they sit down with Jerome Doraisamy, Editor of Lawyers Weekly to discuss his editorial approach, the adoption of social media to interact with the public, and concerns for the development of young lawyers in the post-pandemic era.
Mar 29, 2023•20 min
In the first episode of our shareholder activism podcast series, we give an introduction to activism and look at: • what activism is • what form an activism campaign may take • some of the issues a company may face if it is targeted and • how can companies best prepare for activism. Speakers: Antonia Kirkby, Professional Support Consultant, Mark Bardell, Partner and Neil Blake, Partner
Mar 29, 2023•14 min
Join hosts Malika Chandrasegaran, Partner and Mia Harrison Kelf, Senior Associate from our Sydney Corporate M&A team for a discussion with Toby Eggleston, Partner and tax expert from our Melbourne office, on navigating tax related issues that arise when negotiating tech deals. They cover what regulators, such as FIRB and the ATO, are thinking about at the moment, issues such as scrip for scrip rollover, earnouts, retention payments and option schemes, and ways that we are bridging value gaps...
Mar 29, 2023•25 min
Finance partners Andrew McLean, Jon Evans and Elizabeth Charlesworth take the wheel this episode to discuss the evolution of green and sustainability linked loans, from federal government funders and other agencies to increasing interest from commercial banks, institutional investors and private capital. They discuss the key issues across mining, energy and infrastructure sectors, along with recent regulatory and industry developments addressing greenwashing and social targets (or “pinkwashing”)...
Mar 28, 2023•32 min
In 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...
Mar 28, 2023•19 min
We were delighted to host the London launch of the Living Wage Foundation's new Living Pension employer accreditation and to become one of the UK's first Living Pension employers. In the latest podcast from the Herbert Smith Freehills’ pensions team, Tim Smith, Professional Support Consultant, is joined by Katherine Chapman, Director of the Living Wage Foundation and Shelley Morris, Senior Project Manager for the Living Pension at the Living Wage Foundation to discuss this new initiative and to ...
Mar 22, 2023•16 min
In this episode in our Tax Bites series, Professor Graeme Cooper and partners Ryan Leslie and Toby Eggleston unpack the just released Exposure Draft on changes to Australia’s thin capitalisation regime aimed at limiting interest deductions for Australian taxpayers. 30 years of tax history packed into under 30 minutes! More details here: https://hsfnotes.com/taxaustralia/2023/03/17/tax-insight-new-limits-on-deducting-interest/
Mar 17, 2023•28 min
In this episode of On Just Terms, Jason Betts is joined by Elizabeth Collins SC and Imtiaz Ahmed who are both Barristers at Sixth Floor Chambers. Both deeply experienced in the conduct of class actions litigations, including shareholder class actions, they discuss advocacy in complex commercial litigation, the operation of the class action regime and the nature of practice at the commercial bar. Exploring the links between royal commissions and class actions, the funding of our major corporate r...
Mar 16, 2023•25 min
In celebration of International Women’s Day, partners Nerida Jessup and Natalie Gaspar from our employment, IR and safety practice speak with Jaclyn Booton, Executive Director of the Stella Prize, a major literary award celebrating Australian women’s writing. They reflect on 10 years of Stella and its significant influence on a more vibrant and equitable literary culture. An approach of “You lead, we’ll support” has been key to this success and will resonate with organisations seeking better div...
Mar 15, 2023•22 min
In the second episode of our new Chinese language podcast, Gerald Leong (a Senior Associate in our Arbitration practice in London) and Alizee Zhang (a Senior Associate in our Corporate practice in Shanghai) discuss the key topics relevant to foreign investment in the UK, including: a) the various modes of investment; b) a brief introduction to the National Security and Investment Act 2021; and c) how investors can protect themselves in the event of a dispute The series will focus on the importan...
Mar 15, 2023•17 min
In this episode we take a look at the new multi-enterprise bargaining regime and answer the big questions on Australian employers’ minds. Why is this one of the most significant changes to Australian industrial relations in decades? How will unions use it to force bigger and more equal salaries across industries? What are the risks that it presents to employers and unions? Why is (almost) every employer exposed? How can employers avoid being forced into the regime? And how should employers best ...
Mar 14, 2023•35 min
In this podcast, Julian Copeman and Maura McIntosh discuss data class actions, which represent a significant risk for businesses, and consider the ways in which such actions can be brought in the English courts. The podcast looks in particular at the potential for data class actions to be brought on an "opt-out" basis, using the representative action procedure under CPR 19. It considers the avenues by which data claims may still be pursued as representative actions despite the Supreme Court's hi...
Mar 13, 2023•27 min
In the latest podcast from Herbert Smith Freehills’ pension team, Michael Aherne, Partner, is joined by Alex Hutton-Mills, Co-founder and Head of Pension Corporate Finance at Cardano Advisory to discuss Corporate Transactions involving Pension Schemes and how the Regulatory framework has altered over the last 10 years. In particular, Michael and Alex discuss: • The impact of the Regulators criminal powers on corporate transactions; • Changes in the nature of transactions; • The dynamics playing ...
Mar 09, 2023•41 min
In this episode of On Just Terms, Herbert Smith Freehills partner Jason Betts is joined by Michael Pelly, Legal Affairs Editor, Australian Financial Review (AFR) to discuss the reporting of legal affairs, trending reforms in class actions, and the issues more likely to grab future headlines in Australia. In a time of significant change where the legal sector is reshaping itself and risks are evolving quickly, they discuss ideas discuss the dynamic evolution of class actions and their potential t...
Mar 08, 2023•31 min
In our first Employment & IR Briefing Series event for 2023, Wendy Fauvel moderated a panel of experts spanning our national Employment and IR team including Rachel Dawson, Shivchand Jhinku and Brad Popple. In this webinar our panel broke down some common myths and shared insights on what employers can be doing to effectively navigate these changes. Our panel also looked forward to what might come next, including the “closing loophole” legislation that is planned by Labor in the second half ...
Mar 02, 2023•58 min
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 Harriet Tolkien. You can find links to our blogs on the cases covered in this podcast below: • Is the decentralised governance of Bitcoin a myth? Court of Appeal finds real issue to be tried as to whether de...
Mar 02, 2023•16 min
Allan Bulman, Chief Executive of the Takeovers Panel talks with Tony Damian and Andrew Rich about the Panel’s role, and topical issues such as applicant standing, policy issues around truth in takeovers and a put up or shut up rule, as well as media canvassing. Not to mention applicants with baseball bats promising venomous sprays and armed robbers!
Mar 01, 2023•11 min
Deals .... that .... take .... time. Tony Damian and Andrew Rich discuss deals.
Mar 01, 2023•3 min
From contractual to incorporated joint ventures, data sharing arrangements and everything in between, the structures and complexity of tech deals are less likely to follow the traditional M&A or investment path which makes tech an exciting space to be working in. Join our host Mia Harrison-Kelf, Senior Associate in the Sydney Corporate M&A team, for a discussion with Peter Jones, Sydney Telecommunications, Media & Technology Partner, and Jamie McLaren, Corporate M&A Partner based...
Feb 21, 2023•34 min
In this podcast, Neil Blake and Gregg Rowan discuss environmental and human rights-based group actions, which continue to give rise to significant risks for businesses. The podcast focuses in particular on transnational tort claims in the English courts, in which claimants seek to establish liability on the part of parent companies for the acts or omissions of their subsidiaries abroad, and looks at how this area is developing. It also discusses climate-change related litigation, and the potenti...
Feb 20, 2023•22 min
In this episode we take a brief break from IR reform, and take a look at the top 6 IR cases of 2022 that IR and HR practitioners need to know, but might have missed. These decisions of the Fair Work Commission and the Federal Court will have significant implications for many employers. Rohan Doyle, Natalie Gaspar and Brad Popple break down the detail and draw out the key practical points which IR practitioners should be across.
Feb 17, 2023•31 min
In this episode of our public M&A podcast series, we discuss the National Security and Investment Act in the context of public M&A transactions, in particular: • the decisions we have seen under the regime in the past 12 months; • the impact it has had on takeovers in practice; and • our key takeaways for parties and their advisers.
Feb 10, 2023•17 min
In this episode, Mel Debenham and Isabella Kelly invite Mark Smyth, disputes partner to join our series exploring the themes from HSF’s report on Unlocking ESG Investment in Australia. With 58% of our report’s survey respondents, comprising more than 100 business leaders, seeing barriers to greater levels of ESG investment including legal, tax and tenure of investment, Mark expands on the difficulties for companies in talking about the long term benefits they expect to realise through ESG invest...
Feb 10, 2023•19 min
In the third episode of our investigations podcast series, join Robert Hunt, Miriam Everett, Stephanie Barrett and Ali Grodzki where they discuss data issues in investigations, including the ever-increasing sources of data, navigating data laws and the evolving methods in which we collect and review data.
Feb 02, 2023•44 min
Tony Damian and Andrew Rich look at the issues and the direction of travel from the Takeovers Panel.
Feb 01, 2023•4 min
In this 17th episode of our series of commercial litigation update podcasts, we consider recent cases on waiver of privilege, developments relating to disclosure, judgments and enforcement, and two recent Court of Appeal decisions on limitation and settlement respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Daniel Woods, a senior associate. Below you can find links to our blog posts on...
Jan 31, 2023•20 min
In this podcast, Kim Dietzel, Stephen Wisking and Maura McIntosh discuss competition class actions under the Collective Proceedings Order regime in the Competition Appeal Tribunal (CAT), which allows claims to be brought on either an "opt-in" or "opt-out" basis. This is an area that has seen very significant growth over the past couple of years, and we expect this trend to continue. The podcast explains the key features of the regime, how the CAT approaches the certification of these claims, and...
Jan 17, 2023•28 min
A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies. Speakers: Julie Farley, Professional Support Lawyer, Sarah Hawes, Head of Corporate Knowledge, Isobel Hoyle, Professional Support Lawyer and Erica MacDonald, Professional Support Lawyer
Jan 03, 2023•18 min
Himalayan Bites returns for 2023, Tony Damian and Andrew Rich start with an informative chat on merger authorisation with competition law guru Linda Evans.
Jan 01, 2023•4 min
