Episode 2 - Proving inability to pay debts 第二期 – 证明债务人无能力偿付债项 A ground for winding up is that the company concerned is "unable to pay its debts". Under what circumstances will a company be considered unable to pay its debts? How can the creditors prove it? In the second episode of our Mandarin podcast, Peter Ng and Jody Luk discuss in detail this common ground for winding up a company under Hong Kong law. 一家公司若无能力偿付债项，可被清盘。在哪些情况下一家公司会被认为无能力偿付债项？债权人又可以通过什么方式证明？在我们推出的中文播客系列节目的第二期中，吴梓谦律师和陆正思律师详细探讨了...
Aug 10, 2023•11 min
What is the proposed climate reporting regime and how will it align with existing frameworks? Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
Aug 02, 2023•9 min
Who will be caught by the incoming regime and how will it be phased in? Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
Aug 02, 2023•11 min
How should companies respond to the building pressure to disclose modern slavery incidents? Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
Aug 02, 2023•8 min
How can companies get comfortable with disclosing predicted company performance based on unsettled variables and uncertain transition trajectories? Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
Aug 02, 2023•8 min
How should governance structures support companies in meeting ESG obligations and aligning to frameworks? Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
Aug 02, 2023•7 min
With mandatory climate reporting on the horizon, and global standards for comprehensive broader ESG reporting also emerging, is there a role for the ASX Corporate Governance Principles going forward? Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=sc&utm_medium=podcast for more details.
Aug 02, 2023•14 min
Tony Damian and Andrew Rich discuss private companies, public rules. The intersection of our takeover code with unlisted companies.
Aug 01, 2023•5 min
Tony Damian and Andrew Rich chat with Henrietta Rowe, Group General Counsel of Ramsay Health Care. Some great tips for all deal advisers!
Aug 01, 2023•5 min
Peggy Chow, Kaman Tsoi, Duc Tran and Claire Wiseman join Aoife Xuereb to discuss the increasing use of AI in consumer sector digital marketing strategies. Analysing customer data to personalise content and target advertising according to purchasing behaviour and demographic information has become commonplace, along with the use of tools such as chatbots to automate customer service conversations. However, regulators around the world are responding differently to keep pace with the rapid developm...
Aug 01, 2023•30 min
In this episode, we discuss what "net-zero" means in UK and European contexts, and what companies must do in order to meet net-zero targets. We then explore why it is important for companies operating in the United Kingdom and Europe to understand their climate-related obligations, as well as the potential consequences they may face if they don't take the right actions. Speakers: Gerald Leong (Senior Associate, International Arbitration, London), Alizee Zhang (Senior Associate, Corporate, Shangh...
Jul 31, 2023•11 min
In this 20th episode of our series of commercial litigation update podcasts, we look at the High Court's decision dismissing ClientEarth's attempt to bring a derivative action against Shell's directors, the Supreme Court's rather dramatic recent decision on litigation funding agreements, a brief update on a development relating to representative actions, some interesting recent contract law cases, and a Supreme Court judgment which clarifies the extent of a bank's duties in paying out from custo...
Jul 27, 2023•21 min
As our hypothetical whistleblower investigation draws to a close, we discuss how to maintain privilege in materials created as part of an investigation both during and after the investigation has concluded, including where regulators or other third parties may seek access. We also explore the tricky area of disclosure and our experts provide insights into the approaches to privilege claims by ASIC, APRA, the ATO and the ACCC. Visit our LPP Hub here: https://www.herbertsmithfreehills.com/latest-t...
Jul 27, 2023•32 min
Helen Bignall (Of Counsel) and Clemence Barraud (Senior Associate) from the London Competition, Regulation and Trade group share insights around sustainability, particularly in the context of competition law and the consumer sector. They discuss the CMA's draft guidance on the competition law assessment of environmental sustainability agreements, CMA market studies and competition investigations related to sustainability and sustainability-led initiatives by competition authorities in the EU. Th...
Jul 18, 2023•14 min
Helen Bignall (Of Counsel) and Clemence Barraud (Senior Associate) from the London Competition, Regulation and Trade group share insights around sustainability, particularly in the context of competition law and the consumer sector. They discuss the CMA's draft guidance on the competition law assessment of environmental sustainability agreements, CMA market studies and competition investigations related to sustainability and sustainability-led initiatives by competition authorities in the EU. Th...
Jul 13, 2023•14 min
What types of activities and documents created in an investigation might attract a claim for legal professional privilege? We revisit our hypothetical whistleblower investigation and discuss the steps recommended to preserve privilege during an investigation, including in the context of Board reports. Visit our LPP Hub here: https://www.herbertsmithfreehills.com/latest-thinking/legal-professional-privilege-in-australia
Jul 12, 2023•18 min
Josh Todd, Giulia Maienza and George McCubbin join Aoife Xuereb to discuss the NFT (Non-Fungible Token) marketplace in the consumer sector – from fine wine and fashion to enhancing the customer experience. They explain how types of marketplaces work, whether that be trading NFT-linked physical products or digital assets in the real world or the metaverse. Commercial legal considerations include IP, standardized licensing terms, anti-counterfeiting measures, financial services regulation regimes,...
Jul 11, 2023•31 min
In episode 11, we explore the changes to the EA approval process, including the intricacies of the pre-vote procedures and the crucial role played by the Fair Work Commission in assessing applications for approval of enterprise agreements. Our IR partners Rohan Doyle and Rachel Dawson share their insight into the changes, including the all-important test in determining whether employees have 'genuinely agreed' to enterprise agreements.
Jul 11, 2023•39 min
《走进香港企业破产法》中文播客系列节目 Episode 1 - What is winding up 第一期 – 什么是清盘 In the first episode of our new Mandarin podcast, Jojo Fan and Peter Ng discuss the concept of winding up and different modes of winding up under Hong Kong law, debunking some common misconceptions. 在我们新推出的中文播客系列节目的第一期中，范芷君律师和吴梓谦律师对香港法下清盘的概念和清盘的不同方式进行了介绍，并厘清一些常见的误解。 Speakers: Jojo Fan, Partner, Disputes, Hong Kong; Peter Ng, Senior Associate, Disputes, Hong Kong 主讲人：范芷君（香港办公室争议解决组合伙人）；吴梓谦（香港办公室争议解决组高级律师）
Jul 07, 2023•10 min
In the latest episode in our ‘on the horizon’ podcast series, we discuss the more material developments that we expect to see in the next 6-12 months that will be of interest to listed companies. Speakers: Antonia Kirkby, Professional Support Consultant, Sarah Hawes, Head of Corporate Knowledge, UK, Isobel Hoyle, Professional Support Lawyer and Erica MacDonald, Professional Support Lawyer
Jul 04, 2023•23 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 Eleanor Dole Sheaf. You can find links to our blogs on the cases covered in this podcast below: • High Court considers impact of Russian sanctions regimes in UK, EU and US on payment obligations under standb...
Jul 03, 2023•20 min
In our Q2 2023 wrap, Tony Damian and Andrew Rich look back on key trends and developments over an eventful Quarter and ask what this all means for the remainder of 2023.
Jul 01, 2023•3 min
All you need to know about continuous disclosure! Tony Damian and Andrew Rich chat with Daniel Moran, Chief Compliance Officer at ASX, who shares insights on disclosure for M&A scenarios, cyber breaches and how the ASX sees keys issues such as timing.
Jul 01, 2023•13 min
In the second episode of our shareholder activism podcast series, we talk about how companies are increasingly planning for an approach by an activist. We discuss in particular: • what companies can be doing now so that they are ready in the event of an activist coming on to their share register; and • how boards should respond at the point when an activist does make an approach or acquires shares in the company.
Jun 28, 2023•17 min
In this episode, our experts provide a quick refresher on some of the key principles of legal professional privilege and discuss how these apply in the context of establishing an internal investigation through a hypothetical whistleblower investigation scenario. Visit our LPP Hub here: https://www.herbertsmithfreehills.com/latest-thinking/legal-professional-privilege-in-australia
Jun 28, 2023•28 min
Tim Stutt and Aoife Xuereb are joined by Jacqueline Wootton and Olga Klimczak for a Talking Shop X The Third Wheel podcast collaboration episode. Following the statutory review of the Modern Slavery Act and its report being tabled in parliament, the Government is yet to confirm its position in relation to the reform recommendations, many of which seek to align with overseas regulatory trends for enhanced human rights due diligence, supply chain transparency and penalties to support corporate acc...
Jun 27, 2023•19 min
Tim Stutt and Aoife Xuereb are joined by Jacqueline Wootton and Olga Klimczak for a Talking Shop X The Third Wheel podcast collaboration episode. Following the statutory review of the Modern Slavery Act and its report being tabled in parliament, the Government is yet to confirm its position in relation to the reform recommendations, many of which seek to align with overseas regulatory trends for enhanced human rights due diligence, supply chain transparency and penalties to support corporate acc...
Jun 27, 2023•19 min
In 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...
Jun 27, 2023•10 min
In 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 Eng...
Jun 20, 2023•19 min
In the first episode of our series, Partner Andrew Eastwood, and Senior Associates Ed Einfeld and Tamanna Islam discuss the breach reporting regime and the financial services industry’s experience with it since implementation.
Jun 20, 2023•21 min
