In this episode, we cross examine Mark Rigotti, Managing Director and Chief Executive Officer of the Australian Institute of Company Directors (AICD), technically the largest director institute in the world with 53,000 members. Mark has had a remarkable career, including as Global CEO at Herbert Smith Freehills for two terms over 2014-2020 (based in London). He was also Chair of the firm's Global Executive, Chair of the Global Diversity & Inclusion Group and a Member of the HSF Global Partne...
Apr 16, 2025•37 min
In this episode we discuss "bear hugs", that is where a potential bidder for a target goes public about its possible offer without the target board's consent and appeals directly to the target's shareholders. We talk about: • why a bear hug might be used by a bidder; • where we have seen them used in recent months; and • why we are seeing more of them.
Apr 16, 2025•9 min
Join our experts as they discuss how to approach legal professional privilege in the context of collaboration platforms such as Microsoft Teams, Slack and WhatsApp, particularly in light of possible requirements to produce documents to regulators, discovery obligations and other litigation processes.
Apr 11, 2025•20 min
Recorded 31 March 2025 This election special of Inside IR looks at the upcoming 2025 Australian Federal Election through an industrial relations and employment lens. Given the vast amount of reform over the last 3 years, what does the next term of federal politics look like? Our team explores how the major parties are approaching their election campaigns, as well as the key roles that the independents are once again expected to play. Drew Pearson (Partner) and Natalie Gaspar (Partner) first set ...
Apr 07, 2025•23 min
Transparency in AI - The legal principles governing decision-making by public authorities and regulators In this edition of the Herbert Smith Freehills Public Law Podcast, Andrew Lidbetter and Hannah Lau explore the issue of transparency in AI-driven decision-making which involves AI public bodies and regulators. With AI being used increasingly to inform regulatory and public body decisions, we discuss the challenge that a potential lack of transparency poses and explore the current legal positi...
Apr 02, 2025•14 min
In this latest episode of Insurance Bites, partners Greig Anderson and Antonia Pegden and associate Meena Mariadassou explore the insurance implications of the motor finance broker commission cases (Johnson v FirstRand Bank; Wrench v FirstRand Bank; Hopcraft v Close Brothers). The Supreme Court hearing of this case begins this morning, and could have significant consequences for financial services policyholders in the UK - this episode gives an overview of the case, and practical steps to take f...
Apr 01, 2025•15 min
Given the recent commencement of criminal wage thefts laws, increase in the maximum civil penalties that can be awarded for wage non-compliance, and focus of the Fair Work Ombudsman on prosecuting wage non-compliance, it is more important than ever to get wage compliance right. But there is a feature of our industrial relations system that can sometimes make achieving compliance a rather difficult exercise…. We are of course talking about long, complex and ambiguous enterprise agreements. Many e...
Mar 31, 2025•45 min
In our second episode on DC consolidation, we look overseas. The Government has held up Australia as a role model. We discuss the rise of the Australian "supers", and the way in which they invest. What are the lessons for the UK consolidation journey? From our Sydney office, leading financial services lawyer Maged Girgis shares his thoughts. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe
Mar 31, 2025•18 min
This episode brings together our CC&I and ESG teams to consider supply chain risks, both in the context of failure to prevent fraud and of broader sustainability issues. Elizabeth Head, Kate Meakin and Rebecca Chin discuss whether suppliers are associated persons for the purposes of failure to prevent fraud, increased international expectations and requirements around human rights and environmental due diligence on supply chains, and the steps that companies can consider taking to address th...
Mar 24, 2025•15 min
In this 30th episode of our series of commercial litigation update podcasts, we will discuss some recent decisions on privilege, a couple of high-profile cases on aspects of insolvency litigation, and some interesting cases on assignment and remedies. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Andrew Cooke, a disputes partner, and Camilla Macpherson, a knowledge lawyer in the commercial litigation team. Below you can find lin...
Mar 24, 2025•22 min
The Adverb that Changed Everything: Arbitration, State Immunity and the case of General Dynamics v Libya Join Liz Kantor, Vanessa Naish, and guest, Andrew Cannon, as they explore the fascinating intersection of arbitration and state immunity in the Court of Appeal's decision in General Dynamics v Libya. They unravel how the addition of a single adverb in an arbitration clause could waive a state's immunity from execution. Discover the implications of this case for the enforcement of arbitral awa...
Mar 21, 2025•20 min
In this episode we talk about the Primary Market Bulletin 54 published by the FCA on the leaking of inside information on M&A transactions. We discuss: • the issues that the FCA identifies; • how the leaking of information may be unlawful disclosure under the UK Market Abuse Regulation; and • the warnings the FCA is giving to individuals, issuers and advisers.
Mar 17, 2025•17 min
The Regulator has wide-ranging powers of investigation. Among other things, it can issue a "section 72 notice" – a demand for documents and information. In this episode, we discuss when the Regulator can come knocking, and how trustees or employers should respond. As a firm, we have supported various clients faced with Regulator demands. Associate Phillipine Wiegand-Forson shares her thoughts. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/sub...
Mar 17, 2025•11 min
On the inaugural episode of the Inside Employment podcast series, hosts Anthony Wood, Partner, and Lucy Boyd, Executive Counsel, welcomed Katie Bull, Senior Associate, for a discussion on their top 5 predictions for major issues and developments which are likely to affect Australian employers in 2025, including: 1. The continued prominence of underpayment and compliance issues; 2. A focus on workplace psychosocial health, including a rise in investigations and prosecutions; 3. Diversity and Incl...
Mar 14, 2025•30 min
The UK Financial Conduct Authority (FCA) has announced its decision to drop its controversial proposals published last year to name firms it is investigating at an early stage and before any findings of misconduct have been made (sometimes referred to as 'name and shame'). In this episode of the FSR Brief, Jon Ford and Michael Tan discuss the announcement and key outstanding questions and reflect on the FCA's consultation process and decision to ultimately reverse track. Read more on our blog po...
Mar 12, 2025•13 min
In this SPECIAL EDITION of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments – the so-called Quincecare duty of care. This episode is hosted by John Corrie, who is joined by Ceri Morgan and special guests Jenny Stainsby and Scott Warin. The English courts continue to grapple with payment processing claims brought by both victims of authorised push payment (APP) fraud and companies subject to an internal fraud by an authorised signator...
Mar 11, 2025•38 min
The Government's megafund proposals have sparked plenty of debate. This episode focuses on the investment piece. Are schemes under-invested in the UK? If so, what are the relevant obstacles and opportunities? And will consolidation really move the dial, as the Government contends? Funds specialist Krishna Shorewala joins to discuss. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe
Mar 04, 2025•20 min
Changes to the Code rules on the companies to which the Takeover Code applies now in force In this episode of our public M&A podcast series, we talk about the changes to the Takeover Code that came into force on Monday 3 February 2025 and narrow the categories of company to which the Code applies. In the episode, we discuss: • the companies to which the Code still applies under the new rules; • which companies are no longer in scope and the transitional arrangements that apply to them; and •...
Mar 03, 2025•10 min
In this episode of our public M&A podcast series, we talk about the themes and trends we saw in public M&A activity in 2024. In the episode, we discuss: • activity levels generally; • trends we saw in public M&A; and • the outlook for 2025.
Feb 28, 2025•9 min
In the second episode of our Toolbox Podcast series, C&I Disputes Partner Dan Dragovic, and Senior Associate Stewart McWilliam, discuss current contracting trends in the construction and infrastructure market, and what those trends will mean for 2025 and beyond. With private equity and public spending increasingly driving the energy transition, and a ‘hot’ contracting market pushing participants away from traditional contracting models, we discuss the lessons that can be taken from the last ...
Feb 27, 2025•33 min
Veronica Roberts (UK Head of Competition, Regulation and Trade), Peter Rowland (Of Counsel) and Ruth Allen (Knowledge Lawyer) share their insights into navigating competition law and FDI regulation in the pharmaceutical sector. Looking ahead to 2025, they highlight some key risks to be aware of and offer practical tips on pro-active steps that companies can take to address them. Topics discussed include the types of anti-competitive agreements that are likely to be in the regulatory spotlight, s...
Feb 27, 2025•17 min
In this third episode of the HSF FSR Brief, Jon Ford, Hywel Jenkins, Michael Tan and Elizabeth Stephens explore the FCA and FOS' recent Call for Input (CFI) on 'Modernising the Redress System'. They discuss the key aims of the CFI, current issues seen within the redress framework and suggest potential areas of reform to ensure the redress system works for stakeholders across the financial services industry. For further background and insight to the CFI, read our blog post here: https://www.herbe...
Feb 25, 2025•28 min
Following the Federal Court’s significant judgment in ASIC v Noumi Ltd in 2024, the Full Court has now made orders allowing the appeals and finding that Noumi did not waive privilege in the PwC report by disclosing it to ASIC under a voluntary disclosure agreement. While the Full Court’s decision confirms that VDA arrangements can be an effective way to maintain legal professional privilege, Bryony Adams, Andrew Eastwood and Maritsa Samios explore why its reasons underscore the need for care to ...
Feb 24, 2025•23 min
Scheme mergers are common enough – but not like this one. The Arcadia case involved a merger of schemes in winding-up, with an overfunded scheme effectively bailing out a scheme in deficit. Why did the Court give its blessing? And what does this tell us about trustee powers and duties? Pensions Counsel Rob Klepka joins to discuss. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe
Feb 17, 2025•14 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 Sarah Penfold. You can find links to our blogs on the cases covered in this podcast below: • High Court finds lenders' exercise of contractual right to demand loan repayment is not subject to implied Braganz...
Feb 13, 2025•25 min
Following the publication of the long-awaited Government Guidance on reasonable fraud prevention procedures, this episode seeks to help organisations prepare for failure to prevent fraud, the new offence which will come into effect on 1 September 2025. As part of this episode, Kate Meakin, Elizabeth Head and Alexandra Fitzgerald discuss the Guidance and in particular how organisations should be implementing its principles-based approach. While the Guidance is not prescriptive, it does provide so...
Feb 05, 2025•17 min
In this 29th episode of our series of commercial litigation update podcasts, we focus on developments relating to class actions, where there has been a huge amount of activity over the past couple of months. We will discuss cases brought under the CPR 19.8 representative action proceedings, group litigation orders, and the competition collective proceedings regime in the Competition Appeal Tribunal. This episode is hosted by Maura McIntosh, a knowledge counsel in our litigation team, who is join...
Feb 04, 2025•28 min
There is a lot of talk at the moment about AI Literacy, with requirements under the EU AI Act having come into force from 2 February 2025. During this espresso pod, Christine Young and Sian McKinley in the Employment team are joined by Morris Schonberg, a partner in the HSF Competition, Regulatory and Trade team in Brussels who is actively involved in clients' work and preparations related to the EU AI Act. Together they take a look at what AI Literacy actually means, and what employers in the E...
Feb 04, 2025•20 min
In this episode, Partner Christine Wong, Senior Associate David Kim and Solicitor Raymond Sun discuss cybersecurity and the impact of AI in financial services.
Feb 03, 2025•18 min
It’s the second episode of the HSF FSR Brief and this time the subject is the ongoing motor finance commissions saga. Jon Ford, Michael Tan, and Jack Moore discuss what the FCA has been up to, what is going on with its review into the industry, the links to claims due to be heard in the Supreme Court, and what might happen next. For background on motor finance commission, read our November 2024 note here: https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2024-posts/Court-of-Appeal-find...
Jan 31, 2025•28 min
