Tony Damian and Andrew Rich explore HSF's recently released 2024 Public M&A Report with Nicole Pedler. Read our public M&A Report here: https://www.herbertsmithfreehills.com/insights/2024-08/australian-public-m-a-report-2024?utm_source=podcast&utm_medium=soundcloud&utm_campaign=podcast
In the second part of The Pensions Exchange's mini-series on Surpluses, Professional Support Lawyer, Richard Evans, talks to Partner and Global Co-Head of the Employment, Pensions, and Incentives practice Samantha Brown about pension surpluses, focusing on trust law and trustee discretion – particularly in the context of a surplus winding up. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe
Jacqueline Wootton, Christopher Hicks and Isabella Kelly embark on a whistle-stop tour of the intersection of ESG and whistleblowing. They discuss why developing an effective whistleblower program is a sound investment and should be a core part of an ESG risk management system. They explore how whistleblower programs can help companies comply with a web of positive legal obligations on various ESG topics, identify and address thematic ESG issues early, and mitigate against the reputational impac...
This is part two of our ‘cross examination’ of Ms Abigail Bradshaw, head of the Australian Cyber Security Centre. In this episode, Abi notes that “a cyber criminal will attack the networks you have, not the network you think you have”. Such an important perspective! We also look at the role of the ACSC, the benefit of threat intelligence sharing and the way in which the ACSC can assist an entity (both with advice, technical assistance or disruptive actions). Abi also calls out her top 6 non-nego...
Join 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...
Tony Damian and Andrew Rich explore ASIC's recently released Equity Markets Cleanliness Report with ASIC Chair Joe Longo and Executive Director Calissa Aldridge.
In this episode, we talk to Ms Abigail Bradshaw, the Head of the Australian Cyber Security Centre (ACSC). Throughout her career, Abi has held a number of critical security related positions, including within the Department of Prime Minister and Cabinet and various senior roles in the Department of Home Affairs. Ms Bradshaw began her career in the Royal Australian Navy, was awarded the Conspicuous Service Cross in 2005 and holds a Bachelor of Laws and a Bachelor of Asian Studies. A fascinating st...
In this episode of Inside IR, Drew Pearson and Shivchand Jhinku are joined by competition partner Patrick Gay to discuss the Australian Government Competition Task Force's review into the use of non-compete and non-solicit provisions in employment contracts. They explore the potential impacts of proposed reforms on employee mobility and the dynamics of the Australian job market, and also delve into the global trends in this area, particularly in the US and UK. The conversation further touches on...
In the latest episode of our public M&A podcast series, we look at the Takeover Panel ruling in relation to MWB Group Holdings, where the Takeover Panel has issued an order to pay compensation of up to £33 million and 10 cold-shoulder rulings. In particular we discuss • the background to the rulings • what the sanctions mean and • lessons to be learned. Speakers: Antonia Kirkby and Robert Moore.
In this edition of our banking litigation podcast, we have a special episode on the impact of sanctions on banks and financial institutions. We explore the current sanctions regime, Russian counter-sanctions measures as well as sanctions related litigation in the English courts. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Charlotte Benton, Alexander Gridasov, and Ali Grodzki. You can find links to our blogs on t...
In episode 25, Emma and Rebekah discuss the legal risks around ambush marketing ahead of the 2024 Olympic Games in Paris. They discuss considerations for businesses that engage in marketing practices designed to leverage the reputation and hype surrounding a global event such as the Olympics, including intellectual property and consumer law issues in light of both recent and historical high-profile examples.
In 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 mill...
The Worker Protection Act 2023 will come into force on 25 October of this year, imposing a new positive duty on UK employers to take 'reasonable steps' to prevent sexual harassment of employees in the course of their employment. In the first instalment of this podcast, we discussed the impact of the Act within workplaces within the UK, and shared our insights based on experience with the adoption of similar legislation in Australia. In the second, we are going to share our experience from workin...
In 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 partne...
In 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.
In the second episode of The Pensions Exchange, Professional Support Lawyer, Richard Evans, talks to partners Michael Aherne (Pensions) and Josh Lom (Tax) about pension surpluses, focusing on the statutory regime. Surpluses were big news in the 1990s. Now they're back on the agenda, with the Regulator's recent funding statement suggesting that half of valuations this year will show a surplus on the buyout basis. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com...
Tony Damian and Andrew Rich gain insights from Guy Miller at WTW on W&I insurance in public M&A deals.
Explore the latest trends and insights in technology deals across the APAC region with our sixth episode focusing on the dynamic world of Fintech. Join Malika Chandrasegaran, along with Charlotte Henry and Michelle Virgiany, experts in financial services and tech regulatory matters, as they delve into the current landscape of Fintech M&A, discussing the shifts in activity over the past year due to post-COVID adjustments and regulatory changes. Charlotte and Michelle provide valuable perspect...
In the latest episode of our public M&A podcast series, we look at the new UK Listing Rules that come into force on 29 July 2024 and what impact they will have on public M&A in the UK. In particular we discuss: • what the new listing regime looks like and the reasons behind the changes • what listed companies have to do when executing a significant transaction and • the rules around related party transaction and reverse takeovers. Speakers: Antonia Kirkby and Charles Steward
Workplace delegates’ rights – what employers need to know In this episode of Inside IR, Rohan Doyle is joined by Mitchell Brennan to discuss the new rights and obligations of workplace delegates. In this not-to-be missed episode, Mitchell and Rohan: • dissect the new general protections provisions relating to workplace delegates, which commenced in December 2023; • explore the content and impact of the new modern award delegates’ rights term, which commenced operation from 1 July 2024; • discuss...
The Worker Protection Act 2023 will come into force on 25 October of this year, imposing a new positive duty on UK employers to take 'reasonable steps' to prevent sexual harassment of employees in the course of their employment. In the first instalment of this podcast, we will be discussing the impact of the Act within workplaces within the UK, and sharing our insights based on experience with the adoption of similar legislation in Australia. Speakers: Nick Wright, Partner, London; Christine You...
This special collaboration between the HSF Sydney and London offices explores the experiences of those who have been dealing for the last 13 years with the failure to prevent bribery offence under section 7 of the UK Bribery Act 2010. Join Kate Meakin (Partner, HSF London), Christine Wong (Partner, HSF Sydney) and Dan Hyde (Senior Associate, Sydney) who offer helpful, timely and thoughtful guidance for those preparing for the 8 September commencement of the similar new Australian corporate offen...
Join Partner Ruth Overington and Senior Associate James Samartzis as they discuss the evolution of individual accountability regimes around the globe and how Australia stacks up against its peers.
A special episode on the new UK Listing Rules published by the FCA. Speakers: Mike Flockhart, Managing Partner, Corporate, Sarah Hawes, Head of Corporate Knowledge and Michael Jacobs, Partner
In 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...
In this episode we talk with the Dr Marcus Thompson. Marcus was a Major General in the Australian Army, and the inaugural head of information warfare with the ADF. Since retiring from the armed forces, Marcus has been incredibly active in the cyber space. He’s probably one of the more well known public commentators, he advises numerous companies in cyber strategy and sits on a number of boards, including a number of cyber security companies. Marcus comments on his role with the ADF and the trans...
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 Charlotte Benton. You can find links to our blogs on the cases covered in this podcast below: • Court of Appeal finds payment obligations under letters of credit suspended by UK Russian sanctions regime. htt...
Isabella Kelly is joined by Gareth Sykes, Heike Schmitz and Carolyn Pugsley for a tour of some of the key ESG reporting requirements internationally and the work that is being done to understand how they map against each other. They discuss challenges around the regimes’ differences in materiality thresholds, subject matter coverage and approaches to protection from liability. They share insights on the practical realities for companies who are grappling with how to comply with multiple regimes,...
It's been a busy year so far at the Takeovers Panel. Tony Damien and Andrew Rich look at some of the major developments.
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
