In this episode of Talking Shop, Susan Black, a partner in the Competition practice at Herbert Smith Freehills and Global Co-Head of HSF’s Consumer Sector group, is joined by Shona Grey, a partner in HSF's Real Estate practice, and David Evans, a senior associate in the same group. They discuss the resurgence of the retail sector in the UK and Europe, the renewed focus on the role of retail parks and premium retail, and the re-purposing of commercial assets.
Nov 19, 2024•14 min
Changes rarely happen in a vacuum. Adaptation in the workplace often occurs in many varying, but interconnected, ways, prompted by regulatory, legislative, and political changes as well as changes in societal expectations. In this Espresso Pod, we explore where our clients might experience some competing tensions in the workplace in the future, and how employers and employees alike must be ready to adapt. Recorded in collaboration with HSF's Global Bank Review. Links to further resources: Global...
Nov 18, 2024•15 min
"Trustee boards lack diversity, but not the desire to improve". That was the conclusion of The Pensions Regulator, based on a survey conducted earlier this year. Jia Liu joins us to explain why trustees should be focussing on EDI, and the steps which they can take. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe Speakers: Richard Evans, Professional Support Lawyer and Jia Liu, Associate
Nov 18, 2024•13 min
In this episode, Christine Wong and Camille Tewari explore cyber class action risk and explore why it emerged as the top concern among class action risk areas in our Rethinking Risk: Inside Class Actions” report. Read our report: https://www.herbertsmithfreehills.com/insights/2024-09/rethinking-risk-inside-class-actions
Nov 13, 2024•10 min
Join Jason Betts and Melissa Gladstone as we explore the class actions landscape and perception of class action risk as they discuss the class action risk areas concerning corporate Australia, what has changed in the last five years regarding their risk assessment and key class action risk areas to be aware of. Read our report: https://www.herbertsmithfreehills.com/insights/2024-09/rethinking-risk-inside-class-actions
Nov 13, 2024•13 min
In this podcast series, we explore all things cyber, including the legal, regulatory and policy developments that impact corporates around the world. We look at the evolving cyber risk landscape, by speaking to those people who are on the frontline, protecting companies from cyber incidents and shaping the legal and regulatory environment. In this episode, Cam is joined by Kaman Tsoi, one of the country’s most experienced and respected privacy lawyers. Together they cross-examine Privacy Commiss...
Nov 12, 2024•31 min
Episode 2 of our podcast series Going for Green on Real Estate Transactions explores the key areas of ESG focus for developers/landlords and tenants on pre-letting transactions as well as how ESG issues are impacting the terms of Agreements for Lease and related documents.
Nov 11, 2024•16 min
This podcast explores how ESG is changing the way in which construction projects are being delivered, and the agreements and contracts involved, as well as what lawyers can do to help deliver a client's ESG objectives on commercial development projects. Speakers: Matthew Bool, Partner, London, Charles Horne, Project Director, British Land, Becky Johnson, Professional Support Lawyer, London, Gabrielle Coppack, Professional Support Lawyer, London
Nov 06, 2024•19 min
Tony Damian and Andrew Rich discuss all you need to know about special dividends in public M&A deals with Tax M&A partner Jay Prasad.
Nov 05, 2024•10 min
In this episode of our public M&A podcast series, we look at Practice Statement 31, which was updated by the Takeover Panel earlier this year. Practice Statement 31 describes the Takeover Panel's approach to formal sale processes, strategic reviews and private sale processes. In the podcast, we discuss: • formal sale processes under the Takeover Code and the dispensations available on those; • what a private sale process (PSP) is; and • what dispensations the Panel may grant on a PSP and the...
Nov 01, 2024•13 min
In this podcast, we explore 'debanking' in the financial services sector and the critical issues banks need to consider. Join our hosts, Jenny Stainsby https://www.herbertsmithfreehills.com/our-people/j/jenny-stainsby, Jacqueline Wootton https://www.herbertsmithfreehills.com/our-people/j/jacqueline-wootton, and Matthew Eglezos https://www.herbertsmithfreehills.com/our-people/m/matthew-eglezos who break down how banks are adapting to evolving regulatory and customer expectations. Speakers: Jenny ...
Oct 23, 2024•23 min
Miriam Everett welcomes Stacey Quaye, Head of Digital Assets, Innovation and Design at UBS, to share what she's learned throughout her career. Together they discuss how the worlds of tech and law collide and what the biggest challenges and opportunities are at the intersection of technology and banking.
Oct 15, 2024•16 min
In this episode, Cam Whittfield is joined by Carolyn Pugsley, an advisor to boards and a leader in corporate governance advice. Together we continue our discussion with David Thodey. Today, we shift focus to some of the more challenging themes. We talk about the Cyber Strategy and payment of extortion demands. We also ask for David’s guidance for directors when dealing with the cyber challenge and ask him whether we are winning the cyber battle. We start this podcast by asking for his observatio...
Oct 11, 2024•23 min
In this episode of Inside IR, Steve Bell and Natalie Gaspar explore the new "right to disconnect" in Australia, which allows employees to refuse to monitor or respond to work-related communications outside of their ordinary hours, unless it is unreasonable to do so. Steve and Nat explore the implications of these new laws, including the role of the Fair Work Commission, how the laws intersect with broader obligations to manage psychosocial risk, the increasing awareness among workers of their ri...
Oct 08, 2024•21 min
Tim Stutt and Isabella Kelly are joined by Aaron White and Adrian Wong to discuss the soaring demand for data centres and the importance of identifying and managing ESG issues in their development and operation. Adrian provides insights on how generative AI is driving the demand for data services, the development hotspots, and the policy and regulatory levers to encourage investment. Aaron highlights the sustainability challenges that come with the growth in data centres and how they are being a...
Oct 03, 2024•32 min
Data protection specialist Duc Tran joins us to talk through data issues for pension schemes. We look at the ICO's TikTok ruling and its implications for privacy notices; data protection proposals in the King's Speech; and points to consider around the advent of AI. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe
Oct 01, 2024•16 min
In this Espresso Pod, we discuss what is, and what could be, coming down the track in the world of AI regulation and, in particular, the regulation of the use of AI in the workplace. For this episode, Tim Leaver (Partner) and Sian McKinley (Of Counsel) are joined by Dee Masters, AI & Discrimination barrister at Cloisters chambers, co-founder of the AI Law Consultancy, and recently awarded Employment Junior of the Year at the Legal 500 Bar Awards (2024). If after today's discussion you are ke...
Sep 27, 2024•15 min
In this 27th episode of our series of commercial litigation update podcasts, we give updates on new legislative provisions relating to retained EU law, a decision refusing to allow a case to proceed as an "opt-out" representative actions under CPR 19.8, and a recent case that shows what can happen when parties disregard the rules on the preparation of trial witness statements. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Rac...
Sep 25, 2024•15 min
In this episode, we discuss how overseas investors can protect their investments through the use of investment treaties. We explore the importance of treaty protection in the face of increasing political and regulatory risks, and explain the substantive protections and dispute resolution mechanisms which investment treaties afford. 在本集播客节目中，我们讨论境外投资者如何通过投资协定来保护他们的投资。我们探讨在政治和监管风险日益增加的情况下，投资协定保护的重要性，并解释了投资条约提供的实质性保护和争端解决机制。 Speakers: Ye Weina (Partner, Herbert Smith Freehills Kewei Joint Operation...
Sep 19, 2024•17 min
Tony Damian and Andrew Rich discuss the proposed new ACCC merger notification thresholds with competition partner, Patrick Gay.
Sep 17, 2024•6 min
In this special edition dispute resolution podcast, we take a practical look at what the UK government's recent ratification of the Hague 2019 Judgments Convention means for in-house counsel choosing between litigation and arbitration for an English law governed contract. The episode draws together the hosts of three of our HSF podcasts – Vanessa Naish and Liz Kantor (arbitration), Maura McIntosh (commercial litigation) and Ceri Morgan (banking litigation) – to discuss the benefits Hague 2019 wi...
Sep 16, 2024•18 min
Under the so-called identification doctrine, companies could previously only be held criminally liable for a criminal offence requiring a particular mental state (e.g. knowledge, dishonesty etc.) if the mental state of a person representing the company's "directing mind and will" could be attributed to the company. In response to suggestions that the doctrine did not adequately deal with the realities of corporate structures, making it disproportionately difficult to prosecute large organisation...
Sep 12, 2024•23 min
In episode 26, Emma and Rebekah are joined by Sarah Henkes-Younger to talk about whether IP rights subsist in material created by generated AI and discuss the famous Thaler patent litigation brought in numerous jurisdictions.
Sep 11, 2024•18 min
C&I Disputes Partners Dan Dragovic and Michael Lake discuss the much-anticipated decision in Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 where the High Court of Australia confirms proportionate liability regimes can be applied in arbitration. Join Dan and Michael as they discuss the decision and its practical implications.
Sep 11, 2024•15 min
In this first episode of our new insurance podcast, Insurance Bites, Sarah McNally (Partner, London), Alejandra Galdos (Partner, Madrid) and Travis Gooding (Senior Associate, Australia) examine some recent decisions on LEG3 clauses from the US and Spain and how they illustrate some key issues that can arise. Key listening for those that have reason to consider CAR policies and claims!
Sep 11, 2024•16 min
In this not-to-be-missed episode of Inside IR, Partner Nick Ogilvie and Senior Associate Victoria Fijalski join Rohan Doyle to explore the learnings that can be taken from employers’ early experiences with the new intractable bargaining regime. Join Nick, Vic and Rohan as they: • recap on what the intractable bargaining regime is, and provide a refresher on the preconditions that need to be met for the Fair Work Commission to make an intractable bargaining declaration; • review the case law with...
Sep 10, 2024•42 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 Scott Warin. You can find links to our blogs on the cases covered in this podcast below: • Court of Appeal considers whether default interest clause is an unenforceable penalty https://www.herbertsmithfreehi...
Sep 09, 2024•24 min
In this episode, Partners Michael Vrisakis and Hugh Paynter and Executive Counsel Danielle Briers discuss customer remediation in financial services.
Sep 09, 2024•33 min
In his episode, we talk to David Thodey, one of our most respected company directors and currently Chair at Xero and Ramsay Healthcare. Since leaving management (including stints as the CEO for IBM and Telstra), David has taken his relevance to a new level. Not only in the non-executive director space, but also with various NFPs and other interest groups (notably the Great Barrier Reef Foundation). David has always taken a customer-centric view of business and has recently taken on the role as C...
Sep 05, 2024•35 min
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 shared our experience from working with emplo...
Sep 05, 2024•23 min
