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. +++ Cyber Risk Survey 2024 now live! Following the success of our inaugural Cyber Risk Survey in 2023, we are once again surveying in-house lawyers to better understand their cyber-related experiences and concerns. ...
Mar 15, 2024•28 min
In this episode of our shareholder activism podcast series, we look at activism in the context of M&A. We discuss how shareholders can: • encourage M&A, by pushing companies to pursue a transaction; • influence M&A, for example by agitating for a higher price from the bidder on a takeover offer; or • threaten M&A, by seeking to block a transaction. We also discuss what parties can do to prepare for or ward off a transaction being challenged by a shareholder or group of shareholde...
Mar 14, 2024•13 min
In this series, we will explore all things cyber, including the legal, regulatory and policy developments that impact corporate Australia. We will do this by speaking to those people who are shaping the Australian legal and regulatory environment. Those who are on the front line of protecting Australian companies from cyber incidents. In our inaugural podcast, we are joined by Hamish Hansford, Deputy Secretary Cyber & Infrastructure Security, Home Affairs. +++ Cyber Risk Survey 2024 now live...
Mar 08, 2024•20 min
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
Mar 07, 2024•12 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 Nora van Meerwijk. You can find links to our blogs on the cases covered in this podcast below: • Court of Appeal overturns High Court’s high-profile Italian swaps decision https://hsfnotes.com/bankinglitigat...
Mar 06, 2024•24 min
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 worke...
Mar 06, 2024•51 min
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
Mar 05, 2024•13 min
Join 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 ...
Mar 04, 2024•16 min
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/
Mar 01, 2024•18 min
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
Mar 01, 2024•11 min
In the first of our "crossover" episodes, Susannah Cogman is joined by Jenny Stainsby from HSF's Financial Services Regulatory team to look at the financial sector's 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 f...
Feb 28, 2024•20 min
Potential Employment Law Proposals from the Labour Party 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 Labour's proposed Fair Pay Agree...
Feb 02, 2024•31 min
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 series: https://www.herbertsmithfreehills.com/insights/2022-07/public-law-%E2%80%93-the-podcast-series Speakers: Jasveer Randhawa (Professional Support Consultant), Jame...
Feb 01, 2024•11 min
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)
Feb 01, 2024•11 min
In Part 2 of our podcast on competition and ESG in the Australian consumer sector, Sarah Benbow and Patrick Gay look at the intersection of competition law and ESG – how industry or cross-sector collaboration could trigger competition law risks and the way the ACCC and global competition law regulators are thinking about these risks. Sarah and Patrick also talk about the ways in which these risks can be managed in Australia.
Jan 30, 2024•21 min
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 ...
Jan 29, 2024•21 min
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 O...
Jan 23, 2024•16 min
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 (Pr...
Jan 17, 2024•20 min
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.
Jan 17, 2024•20 min
Decoding the Economic Crime Act – jurisdictional scope of the new Failure to Prevent Fraud Offence Which 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 impo...
Jan 16, 2024•18 min
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),Es...
Jan 11, 2024•11 min
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
Jan 09, 2024•13 min
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: Eliza...
Jan 08, 2024•13 min
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.
Jan 04, 2024•24 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: Sarah Hawes, Isobel Hoyle, Antonia Kirkby
Jan 02, 2024•24 min
A summary of the most material developments expected in the next 6-12 months which will be of relevance to the UK listed companies - a UK listing regime reform special.
Dec 21, 2023•22 min
In the latest instalment of our Security of Payment podcast series, Laura Bowlt and Kate Bower discuss the requirements of retention money trusts, shedding light on a financial instrument that plays a crucial role in various industries. Listeners of this podcast episode will find it incredibly useful as it demystifies the concept of retention money trusts and provides listeners with valuable insights into how they function, why they are used, and the impact they have on businesses, contractors, ...
Dec 20, 2023•23 min
Tim Stutt and Mel Debenham are joined by Silke Goldberg to debrief COP28 through the lens of four paradigm shifts – (1) climate finance, (2) fast tracking the energy transition and emissions reduction, (3) nature and people, and (4) the “just transition”. They close with reflections on the vital role of lawyers and the legal industry in bridging gaps and fostering agreement. For more, check out our COP28 hub: https://www.herbertsmithfreehills.com/insights/key-topics/esg/COP28
Dec 20, 2023•25 min
In our last ‘festive season’ episode of Inside IR for 2023, Rohan Doyle is joined by partners Anthony Wood and Natalie Gaspar to recap the key developments in the industrial relations sphere for 2023 and look ahead to what is in store for 2024. Natalie steps through the latest (and quite urgent) developments with the Closing Loopholes Bill, and Tony gazes into his crystal ball, and shares the results of our national survey on the top 5 IR predictions for 2024.
Dec 19, 2023•32 min
We have recorded a special bonus episode of the Fraud Files podcast which departs from our analysis of the failure to prevent fraud and identification doctrine reform elements of the Economic Crime Corporate Transparency Act 2023 (the "Act") and provides an overview of the other changes introduced by this piece of omnibus legislation. In this episode, hosted by Elizabeth Head, Sarah Hawes talks through the Act's extensive reforms to Companies House https://hsfnotes.com/corporate/2023/10/31/radic...
Dec 19, 2023•23 min