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 Agreement revolution and how employers' responsible and sustainable business will attract and retain both investors and the best people in the market. Speakers: Tim Leaver, Partner, London; Peter Frost, Consultant, London; Sian McKinley, Senior Associate, London

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), James Wood (Senior Associate)

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)

In Part 2 of our podcast on greenwashing and ESG in the Australian consumer sector, Sarah Benbow and Patrick Gay look at some situations in Australia where competition in itself may not deliver appropriate ESG outcomes. We explore collaboration between companies in circumstances where there might be said to have been a market failure, or more broadly circumstances where there are benefits to companies work together, and the competition law concerns this could raise.

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 and Liz Kantor, Professional Support Lawyer, and in this episode they are joined by Maura McIntosh, who is also a Professional Support Consultant in the Herbert Smith Freehills litigation team.

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 Oddy, a disputes partner, and Martin Hevey, a senior associate in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • UK signs Hague Judgments Convention 2019: a further step toward facilitating the international enforcement of English judgments https://hsfnotes.com/litigation/2024/01/15/uk-signs-hague-judgments-convention-2019-a-further-step-toward-facilitating-the-international-enforcement-of-english-judgments/ • Government proposes legislation to permit funder DBAs in opt-out competition class actions https://hsfnotes.com/litigation/2023/11/16/government-proposes-legislation-to-permit-funder-dbas-in-opt-out-competition-class-actions/ • Revised litigation funding agreement approved for opt-out competition claim: fee based on multiple of funding was not a DBA https://hsfnotes.com/litigation/2023/11/22/revised-litigation-funding-agreement-approved-for-opt-out-competition-claim-fee-based-on-multiple-of-funding-was-not-a-dba/ • Competition Appeal Tribunal finds funding agreement based on multiple not a DBA, despite express cap by reference to proceeds https://hsfnotes.com/litigation/2024/01/18/competition-appeal-tribunal-finds-funding-agreement-based-on-multiple-not-a-dba-despite-express-cap-by-reference-to-proceeds/ • Representative actions: Court of Appeal decision gives go ahead for secret commissions claim, but suggests only limited issues may be dealt with on “opt-out” basis https://hsfnotes.com/litigation/2024/01/22/representative-actions-court-of-appeal-decision-gives-go-ahead-for-secret-commissions-claim-but-suggests-only-limited-issues-may-be-dealt-with-on-opt-out-basis/ • Courts can compel parties to engage in ADR: Court of Appeal finds comments to the contrary in Halsey not binding https://hsfnotes.com/adr/2023/11/29/courts-can-compel-parties-to-engage-in-adr-court-of-appeal-finds-comments-to-the-contrary-in-halsey-not-binding/ • Exclusion clauses: High Court grants summary judgment as losses fell within clear and unambiguous exclusion clause and UCTA reasonableness test did not apply https://hsfnotes.com/litigation/2023/11/23/exclusion-clauses-high-court-grants-summary-judgment-as-losses-fell-within-clear-and-unambiguous-exclusion-clause-and-ucta-reasonableness-test-did-not-apply/ • Reasonableness of exclusion clause under UCTA: Equality of commercial bargaining strength does not necessarily mean equality of bargaining strength as to contract terms https://hsfnotes.com/litigation/2023/12/07/reasonableness-of-exclusion-clause-under-ucta-equality-of-commercial-bargaining-strength-does-not-necessarily-mean-equality-of-bargaining-strength-as-to-contract-terms/

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.

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 (Professional Support Consultant), James Wood (Senior Associate), Paul Butcher (Director of Public Policy).

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 important ways from that of the failure to prevent bribery offence under the Bribery Act 2010. You can also read our accompanying briefing on this topic, which is available on our blog https://hsfnotes.com/fsrandcorpcrime/2024/01/16/economic-crime-and-corporate-transparency-act-2023-jurisdictional-scope-of-the-failure-to-prevent-fraud-offence/

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），Esther Zhu 朱悦尔 (伦敦办公室争议解决部律师)， Gloria Schiavo (伦敦办公室争议解决部实习律师)

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

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: Elizabeth Kantor, Professional Support Lawyer and Vanessa Naish, Professional Support Consultant

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.

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

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.

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

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, and project stakeholders. Throughout the episode, Laura and Kate will navigate through the fundamentals of retention money trusts, discussing their origins, purpose, and offering practical advice.

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.

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/radical-reforms-to-companies-house-and-corporate-liability-for-economic-crimes/, and Susannah Cogman provides an overview of other changes introduced by the Act https://marketing.hsf.com/20/27465/landing-pages/corporate-crime-briefing---economic-crime-and-corporate-transparency-bill.pdf, including in particular in relation to the Proceeds of Crime Act. We will be back with further discussion of failure to prevent fraud in the New Year!

In second part of our mini-series on the Labour Party Policies, Partner Tim Leaver, together with Consultant Peter Frost and Senior Associate Sian McKinley, discuss the key employment-related proposals put forward by the Labour Party in its Green Paper last year and the recent party conference. Tim Leaver, Partner, London; Peter Frost, Consultant, London; Sian McKinley, Senior Associate, London

We continue to delve into greenwashing, with Sarah Benbow and Patrick Gay exploring the broad commercial, regulatory and legislative changes addressing ESG in the Australian consumer sector. In Part 1, Sarah and Patrick look at the nature of the Australian Competition and Consumer Commission’s concerns regarding ESG claims and how it’s been taking action recently in this space.

In this episode, join Senior Associates Tamanna Islam and Shan-Verne Liew and Solicitor Isabel Chong as they unpack the scope of ASIC’s relief from the mandatory breach reporting regime for Australian financial services licensees.

Olga Klimczak, Natalie Gaspar and Shiv Jhinku take the wheel to explore HSF’s latest Future of Work report. They unpack the key ESG related findings including cost of living, pay and benefit inequalities as a potential trigger for activism, as well as a significant rise in demand for workplace health and wellbeing support. With Australia on the cusp of profound legislative change, and a raft of new sustainability reporting standards increasing business scrutiny, we discuss the new opportunities this provides to proactively and meaningfully engage with employees, particularly in light of Generation Z’s entrance into the workforce. For more, check out our report: Future of Work 2023: https://www.herbertsmithfreehills.com/insights/reports/future-of-work-report-2023

In this episode of our COP28 Insights series, Ernst Müller, Senior Associate, is joined by Daudi Ramadhani, Rex Attorneys. Together, they delve into the diverse approaches taken by African countries to meet the requirements and commitments of the Paris Agreement. Discover the role of the Tanzanian government in the challenge of tackling climate change, the crucial involvement of the private sector and the significance of global collaboration for successful climate initiatives, not only in Tanzania, but also across Africa.

Join Jacqueline Wootton, Christopher Hicks and Madeleine Ryan from our Australian corporate crime and investigations team as they discuss whistleblowing as a trigger in investigations and dealing with whistleblowing aspects of internal investigations. Our team explores common pitfalls when investigating whistleblower disclosures and share some practical tips for ensuring compliance with Australian whistleblower protection laws.

In this episode of our COP28 Insights series, Ernst Müller, Senior Associate, is joined by Dolapo Kukoyi, Detail Commercial Solicitors. Together, they delve into the diverse approaches taken by African countries to meet the requirements and commitments of the Paris Agreement. Discover the commitment of the Nigerian government in the challenge of tackling climate change, the just transition, the crucial involvement of the private sector around adaptation projects and the role of lawyers throughout this journey, not only in Nigeria, but also across Africa.

In this FESTIVE SPECIAL 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 guests Mark Tanner, Charlotte Benton, Scott Warin, Tom Wyer, Catherine Bagge and Janelle Chang. You can find links to our blogs on the cases covered in this podcast below: - High Court refuses interim payment application in Russian sanctions-related litigation https://hsfnotes.com/bankinglitigation/2023/11/28/high-court-refuses-interim-payment-application-in-russian-sanctions-related-litigation/ - High Court finds that lender suffered no loss despite negligent valuation of security https://hsfnotes.com/bankinglitigation/2023/11/28/high-court-refuses-interim-payment-application-in-russian-sanctions-related-litigation/ - Privy Council considers Norwich Pharmacal and Bankers Trust disclosure orders against banks https://hsfnotes.com/bankinglitigation/2023/11/01/privy-council-considers-norwich-pharmacal-and-bankers-trust-disclosure-orders-against-banks/ - Company not ordered to disclose privileged documents to shareholders in context of late application in securities class action https://hsfnotes.com/litigation/2023/11/23/company-not-ordered-to-disclose-privileged-documents-to-shareholders-in-context-of-late-application-in-securities-class-action/ - Trilogy of decisions shows English courts’ approach to granting anti-suit injunctions in support of foreign-seated arbitrations https://hsfnotes.com/bankinglitigation/2023/10/17/trilogy-of-decisions-shows-english-courts-approach-to-granting-anti-suit-injunctions-in-support-of-foreign-seated-arbitrations/ - High Court confirms that conscious "awareness" of a representation is an essential (and distinct) element to a claim for misrepresentation https://hsfnotes.com/bankinglitigation/2023/12/06/high-court-confirms-that-conscious-awareness-of-a-representation-is-an-essential-and-distinct-element-to-a-claim-for-misrepresentation/ Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

In episode 23, Emma and Rebekah are joined by Catherine Chan, a solicitor in the Melbourne Intellectual Property Disputes team. Together, they unpack some of the latest innovations that aim to tackle the war on waste and keep our economy circular.

In this episode, Partners Charlotte Henry and Andrew Eastwood discuss the Australian Government's recent consultation on the Scams Code Framework.

Lucy McCullagh, Alice Molan and Anna Coroneo return to “the wheel” to discuss Australia’s Sustainable Finance Strategy, recently released by Treasury and including a range of measures to underpin sustainable finance markets as the country transitions to net zero. They unpack the strategy’s three core pillars, being improved transparency through credible and accurate information, financial system capabilities, government commitments and leadership on aligning to global frameworks.

In the third instalment of our Inside IR mini-series on the ‘Closing Loopholes’ Bill, Rohan Doyle is joined by partner Aaron Anderson and executive counsel Matthew Cameron from HSF’s Brisbane office to explore the last of the seven big ticket items introduced by the Bill: being the new federal criminal offence for wage theft. Aaron also steps through the various workplace health and safety changes proposed by the Bill, and provides a clear explanation about the scope of their application, who they are going to impact, and what organisations should be doing to prepare.

Welcome back to another episode of our COP28 Insights series. Join Ernst Müller, Senior Associate, as he sits down with guest speaker, NanaAma Botchway, founder of N. Dowuona & Company as they investigate Ghana's climate initiatives and the role of African businesses in shaping a sustainable future.

In this episode of our COP28 Insights series, Ernst Müller, Senior Associate, is joined by Stefanie Busch from ENS, Africa’s largest law firm. Together, they delve into the diverse approaches taken by African countries to meet the requirements and commitments of the Paris Agreement. Discover Namibia's objectives for emissions reduction, renewable energy development, and its pivotal role in the green hydrogen sector. They also discuss the crucial involvement of the private sector and the significance of global collaboration for successful climate initiatives, not only in Namibia, but also across Africa.

Everyone loves a war story! Our privilege experts share their practical experiences advising organisations on some thorny privilege issues, including what can happen when you try to “cloak” documents in privilege by involving internal legal, trying to claim privilege over an investigation report, and maintaining (or in this war story, potentially risking) common interest privilege.

Join Susan Black, Rachel Lidgate and Jannis Bille as they delve into the world of greenwashing in the consumer sector on our latest podcast episode. In a time when ESG practices are in the spotlight, companies face mounting pressure to demonstrate their commitment to sustainability and other goals. However, amidst this push for transparency, are we witnessing a surge in greenwashing claims? What is driving these claims and what steps should you seek to minimise risks to your business? Tune in for our expert guidance and market insights on proactive risk mitigation and responsive measures, helping your brand thrive amidst the evolving landscape of greenwashing in the consumer sector.

Lewis McDonald, Carolyn Pugsley and Tim Stutt set the scene ahead of COP28 in Dubai with a stocktake of past COPs and sign-posts to the way forward, including new "regulatory technology" and continued investment to support innovation across the energy transition. They also discuss the ‘trilemma’ of energy security, affordability and sustainability. Check out the biodiversity questionnaire: https://www.herbertsmithfreehills.com/insights/2023-09/the-biodiversity-questionnaire-%E2%80%93-are-you-ready For more COP28 insights, visit our hub: https://www.herbertsmithfreehills.com/insights/key-topics/esg/COP28

Merger clearance reform. Tony Damian and Andrew Rich are joined by Stephanie Panayi as they examine the key issues and offers some thoughts for the Competition Taskforce.

In episode 22, Emma and Rebekah take inspiration from Priceline’s trade mark registration for its signature pink colour and discuss some of the more unusual trade mark types, including how colours, shapes, sounds, scents and movements can be used to distinguish a brand.

Jacqueline Wootton, Hannah Cassidy and Antony Crockett take the wheel to explore trust in banking, as the sector faces a number of stress tests, including carving out credible positions on social and climate issues, creating new carbon offset markets which operate with integrity and transparency and other challenges explored in HSF’s latest edition of the annual Global Bank Review. They discuss how embracing calls for greater diligence, disclosure, reporting and transparency around ESG issues across the wider business sector might just help banks to balance the competing demands - meeting shareholder expectations and leading on social imperatives. For more, check out our Global Bank Review: https://insights.hsf.com/global-bank-review-2023/p/5?utm_source=soundcloud&utm_medium=podcast&utm_term=third-wheel-ep34

In this FDI Friday episode, Irina Akentjeva (Partner) and Ken Ooi (Senior Associate) discuss practical insights into foreign investment regulation in Vietnam with Ruth Allen (Professional Support Lawyer), drawing on their experience of the review process. Speakers: Irina Akentjeva (Partner, Corporate), Ken Ooi (Senior Associate, Corporate) and Ruth Allen (Professional Support Lawyer, Competition and Foreign Direct Investment).

In the second episode of our COP28 Insights series Jannis Bille speaks with Herbert Smith Freehills's Co-Head of Energy, Lewis McDonald on one of the major themes of the upcoming COP28 – the Energy Transition. They discuss what it means for the energy sector, wider industries, what fast-tracking these developments could look like and the role of COP28.

This webinar explores global litigation risk issues, insurance and risk mitigation, featuring: Anne Hoffmann, a Partner specialising in insurance, financial services and cyber; Paul Lewis, HSF’s London-based Global Co-Head of Disputes and a commercial and insurance litigation specialist; Melissa Gladstone, a Partner specialising in class actions and regulatory issues; Mark Smyth, a Partner specialising in ESG and regulatory litigation and advice; Guy Narburgh, a Special Counsel, specialising in policyholder insurance litigation and advisory. The session explores issues such as cyber risk, ESG and class actions and gives practical guidance on managing these risks through insurance and other methods.

In this episode Silke and Jannis will discuss the significance of the upcoming COP28 and some of the key themes likely to be covered at the conference. Speakers: Silke Goldberg, Partner and Jannis Bille, Senior Associate

Our new podcast, The Fraud Files: Decoding the Economic Crime Act, breaks down everything you need to know about the Economic Crime and Corporate Transparency Act, its impact on corporate criminal liability and the new offence of failure to prevent fraud. In this initial episode, Susannah Cogman, Elizabeth Head and Jessica Chappatte provide an overview of the key provisions of the new Act and its impact on corporates, as well as some teasers for future episodes. You can find links to further background reading mentioned in this episode below: Economic Crime and Corporate Transparency Act passed in UK Parliament https://hsfnotes.com/fsrandcorpcrime/2023/10/31/economic-crime-and-corporate-transparency-act-passed-in-uk-parliament/ The Economic Crime and Corporate Transparency Bill: where are we now? https://hsfnotes.com/fsrandcorpcrime/2023/09/22/the-economic-crime-and-corporate-transparency-bill-where-are-we-now/ Further UK corporate criminal liability reform – corporates may be liable for actions of senior managers https://marketing.hsf.com/38/30234/landing-pages/further-uk-corporate-criminal-liability-reform---corporates-may-be-liable-for-actions-of-senior-managers.pdf Failure to prevent fraud – what are the implications of the new offence? https://marketing.hsf.com/38/30102/landing-pages/failure-to-prevent-fraud---what-are-the-implications-of-the-new-offence.pdf Don’t forget to subscribe to the blog: https://hsfnotes.com/fsrandcorpcrime/

In this FDI Friday episode, Sandhya Foster (Director) and Stewart Payne (Senior Associate) discuss practical insights into foreign investment regulation in South Africa with Ruth Allen (Professional Support Lawyer), drawing on their experience of the review process. Speakers: Sandhya Foster (Director, Competition and Foreign Direct Investment), Stewart Payne (Senior Associate, Competition and Foreign Direct Investment) and Ruth Allen (Professional Support Lawyer, Competition and Foreign Direct Investment).

Postcard from Bangkok! Tony Damian and Andrew Rich chat with M&A partner Nonnabhat Paiboon on the latest on Thai and South East Asian M&A.

In episode 21, Emma and Rebekah talk all things Barbie and how Mattel has transformed the BARBIE brand into an empire using trade mark licensing and enforcement.

In this 21st episode of our series of commercial litigation update podcasts, we look at developments relating to litigation funding since the Supreme Court's dramatic decision in Paccar in late July, as well as brief updates on ADR, pre-action conduct and costs. We also discuss developments relating to Russian sanctioned parties, and the disqualification proceedings brought against former non-executive directors of Carillion which came to an abrupt end when the claim was dropped shortly before trial. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Ajay Malhotra, a disputes partner, and Richard Mendoza, a senior associate in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Litigation funding agreement may be enforceable in part despite Paccar decision: High Court finds there is “serious issue to be tried” https://hsfnotes.com/litigation/2023/10/30/litigation-funding-agreement-may-be-enforceable-in-part-despite-paccar-decision-high-court-finds-there-is-serious-issue-to-be-tried/ • UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector https://hsfnotes.com/litigation/2023/08/01/uk-government-confirms-plans-for-compulsory-mediation-in-the-county-court-and-decides-against-statutory-regulation-of-the-mediation-sector/ • Pre-action protocols: Civil Justice Council recommends mandatory pre-action ADR but will consider more flexible bespoke protocol for commercial cases https://hsfnotes.com/litigation/2023/09/25/pre-action-protocols-civil-justice-council-recommends-mandatory-pre-action-adr-but-will-consider-more-flexible-bespoke-protocol-for-commercial-cases/ • Regime of fixed recoverable costs now in force for claims up to £100,000 https://hsfnotes.com/litigation/2023/10/02/regime-of-fixed-recoverable-costs-now-in-force-for-claims-up-to-100000/ • Court of Appeal confirms judgments can be entered in favour of Russian sanctioned parties but leaves uncertainty in relation to the “ownership and control” test https://hsfnotes.com/litigation/2023/10/12/court-of-appeal-confirms-judgments-can-be-entered-in-favour-of-russian-sanctioned-parties-but-leaves-uncertainty-in-relation-to-the-ownership-and-control-test/ • Trilogy of decisions shows English courts’ approach to granting anti-suit injunctions in support of foreign-seated arbitrations https://hsfnotes.com/litigation/2023/10/17/trilogy-of-decisions-shows-english-courts-approach-to-granting-anti-suit-injunctions-in-support-of-foreign-seated-arbitrations/ • Carillion director disqualification proceedings – Insolvency Service drops proceedings against non-executive directors in so-called “test case” https://hsfnotes.com/litigation/2023/10/20/carillion-director-disqualification-proceedings-insolvency-service-drops-proceedings-against-non-executive-directors-in-so-called-test-case/

In this FDI Friday episode, Nonnabhat (Niab) Paiboon (Partner) and Pannalin Jantadee (Senior Associate) discuss practical insights into the application of the Thai FDI regime with Ruth Allen (Professional Support Lawyer), drawing on their experience of advising on the review process. Speakers: Nonnabhat (Niab) Paiboon (Partner, Head of Corporate, Bangkok), Pannalin Jantadee (Senior Associate, Corporate) and Ruth Allen (Professional Support Lawyer, Competition and Foreign Direct Investment).

Lucy McCullagh, Alice Molan and Anna Coroneo take the wheel to debrief their key takeaways from the Australian Sustainable Finance Summit 2023, including Australia’s progress toward a financial system aligned with sustainability commitments, the creation of an Australian sustainable finance taxonomy, the development of disclosure and reporting standards and the importance of transition financing. They discuss recent innovations such as taking longer term approaches to natural capital and the environment, ongoing partnerships with First Nations communities for better outcomes and the provision of “Blended Finance” to bridge the execution gap between intent and bankable opportunities.

There is still a good level of activity with the consumer and energy / resources sectors taking leading roles, Tony Damian and Andrew Rich wrap Q3!

In this podcast, Sarah Boyce, Associate Director of the Association of Corporate Treasurers, joins Oliver Henderson, Chelsea Fish, Nick Rutter and Emily Barry of Herbert Smith Freehills to discuss how the Corporate Debt landscape has evolved in 2023. They touch on lending options, the US private placement market and hedging, and look ahead to the launch of the 2024 Corporate Debt Report.

In the second part of our TechQuake discussion, Emerging Technology Group co-head Alex Cravero discusses the hottest topic in cutting edge tech: artificial intelligence (AI). Driven by audacious breakthroughs in generative AI such as ChatGPT, triggering an investment boom and anxious debates over social impacts and the potential for fake news, the technology has captured popular imagination. Looking at key industry developments and the emerging regulatory picture, we ask if AI can possibly live up to the hype.

In this FDI Friday episode, Nanda Lau (Partner) and Gavin Guo (Partner) discuss practical insights into the application of the Chinese FDI regime with Ruth Allen (Professional Support Lawyer), drawing on their experience of advising on the review process. Speakers: Nanda Lau (Head of Corporate, China), Gavin Guo (Corporate Partner, Kewei) and Ruth Allen (Professional Support Lawyer, Competition and Foreign Direct Investment)

In this FDI Friday episode, David Dawborn (Partner) and Cellia Cognard (Partner) discuss practical insights into the application of the Indonesian FDI regime with Ruth Allen (Professional Support Lawyer), drawing on their experience of advising on the review process. Speakers: David Dawborn (Partner, Corporate), Cellia Cognard (Partner, Corporate) and Ruth Allen (Professional Support Lawyer, Competition and Foreign Direct Investment)

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: • High Court finds defendant bank did not dishonestly assist company restructure to put assets beyond reach of creditors https://hsfnotes.com/bankinglitigation/2023/09/07/high-court-finds-defendant-bank-did-not-dishonestly-assist-company-restructure-to-put-assets-beyond-reach-of-creditors/ • Court of Appeal confirms judgments can be entered in favour of Russian sanctioned parties but leaves uncertainty in relation to the “ownership and control” test https://hsfnotes.com/fsrandcorpcrime/2023/10/13/court-of-appeal-confirms-judgments-can-be-entered-in-favour-of-russian-sanctioned-parties-but-leaves-uncertainty-in-relation-to-the-ownership-and-control-test/ • Sanctions tracker – new UK guidance following Mints decision on ownership and control https://hsfnotes.com/fsrandcorpcrime/2023/10/18/sanctions-tracker-new-uk-guidance-following-mints-decision-on-ownership-and-control/ • Correspondence about possibility of ADR was not “without prejudice” despite being marked as such https://hsfnotes.com/litigation/2023/09/25/correspondence-about-possibility-of-adr-was-not-without-prejudice-despite-being-marked-as-such/ • Supreme Court clarifies when a stay of court proceedings will be granted in favour of arbitration under s.9 Arbitration Act 1996 https://hsfnotes.com/bankinglitigation/2023/09/25/supreme-court-clarifies-when-a-stay-of-court-proceedings-will-be-granted-in-favour-of-arbitration-under-s-9-arbitration-act-1996/ • High Court rules on common law enforceability of foreign judgment in E&W https://hsfnotes.com/bankinglitigation/2023/10/02/high-court-rules-on-common-law-enforceability-of-foreign-judgment-in-ew/ • Regime of fixed recoverable costs now in force for claims up to £100,000 https://hsfnotes.com/litigation/2023/10/02/regime-of-fixed-recoverable-costs-now-in-force-for-claims-up-to-100000/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

In this podcast, Alan Watts, Gregg Rowan and Maura McIntosh look at where class actions are now in England and Wales, and how we see things developing in the next few years. The presenters are all authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the ninth and final episode in our series of podcasts to mark the launch of the second edition of this leading textbook.

In this FDI Friday episode, Lode Van Den Hende (Partner), Kyriakos Fountoukakos (Partner) and Morris Schonberg (Senior Associate) discuss the new EU foreign subsidies regime with Ruth Allen (Professional Support Lawyer), sharing their insights into the impact on investors and what companies can be doing already to prepare for new notification obligations. They are joined by James Robinson (Partner), who highlights differences with the US approach to foreign subsidies regulation. Speakers: Lode Van Den Hende (Partner, Competition and International Trade), Kyriakos Fountoukakos (Global Head of Competition), James Robinson (Partner, Corporate), Morris Schonberg (Senior Associate, Competition and International Trade) and Ruth Allen (Professional Support Lawyer, Competition and Foreign Direct Investment)

In this FDI Friday episode, Hubert Segain (Partner) , Marius Boewe (Partner) and Daniel Barrio (Senior Associate) discuss the cooperation mechanism introduced by the EU FDI Regulation with Ruth Allen (Professional Support Lawyer), sharing their insights into how this is impacting cross-border M&A transactions in practice. Speakers: Hubert Segain (Partner, Head of Corporate, Paris), Marius Boewe (Partner, Regulatory and Foreign Direct Investment), Daniel Barrio (Senior Associate, Competition and Foreign Direct Investment) and Ruth Allen (Professional Support Lawyer, Competition and Foreign Direct Investment)

In this episode, join Partner Andrew Eastwood, Senior Associate Ed Einfeld and Solicitor James Samartzis as they explore what ASIC will bring to the table as a co-regulator of the upcoming Financial Accountability Regime.

Rounding off our TechQuake series tackling the high-impact technologies shaking up business and society, our two-part discussion explores the development of a host of emerging tools and platforms in a period in which such advances have often dominated the headlines. Joining forces with our Emerging Technology Group, the discussion looks back on the developments in The Metaverse, Crypto Assets and AI since the series launched a year ago, as well as considering likely future developments in these fast-moving – and often controversial – fields.

An insight into recent venture capital deals: Dive into the market’s current soft valuations and whether they are holding true or not with host Malika Chandrasegaran, Partner from our Singapore corporate M&A team and special guests Claire Thompson, Co-Head of VC (Australia) and Victor Chiew, Director at our associated Singapore law firm Prolegis. Hear their thoughts on the changing ‘Market Standard’ for terms amongst transactions and how to best adapt, the expansion of the VC ecosystem with crossover investors attaining a substantial interest in the market and find out what the market looks like for IPOs and if it’s a good time to make acquisitions.

Tony Damian and Andrew Rich sit down with Nicole Pedler who discusses all things 2023 Public M&A Report, along with a special thank you...

In the first of a new season of Employment Espresso Pods, Partner Tim Leaver, together with Consultant Peter Frost and Senior Associate Sian McKinley, discuss the key employment-related proposals put forward by the Labour Party in its Green Paper last year and the recent party conference. Particularly eye-catching proposals on Labour's agenda discussed in this podcast include: (1) a new single status of "worker", (2) unfair dismissal as a "day one" employment right, (3) a ban on zero hours contracts, and (4) trade union reform.

In this episode of our shareholder activism podcast series, we discuss activism and AGMs, including: • why we see more activism around AGMs, • the sorts of areas that activists target and • what companies can do to prepare ahead of their next AGM. Speakers: Mark Bardell, Antonia Kirkby and Gareth Sykes

In the second episode of our Inside IR mini-series on the ‘Closing Loopholes’ Bill, Rohan Doyle, Anthony Wood and Lucy Boyd discuss four significant elements of the Bill, being: the new casual employee definition, the new definition for working out whether a worker is an employee or contractor, and the new workplace delegate rights. Rohan, Anthony and Lucy explore the consequences of these proposed new laws, offering valuable insights for businesses on how best to prepare for their potential commencement.

In this FDI Friday episode, José Ramón Mourenza (of Counsel) and Miguel Ángel Barroso (Senior Associate) discuss practical insights into the application of the Spanish FDI regime with Ruth Allen (Professional Support Lawyer), drawing on their experience of advising on the review process. Speakers: José Ramón Mourenza (of Counsel, Corporate), Miguel Ángel Barroso (Senior Associate, Corporate) and Ruth Allen (Professional Support Lawyer, Competition and Foreign Direct Investment)

In this FDI Friday episode, Francesca Morra (Partner) discusses practical insights into the application of the Italian FDI regime, drawing on her experience of advising on the review process, with Veronica Roberts (Partner) and Ruth Allen (Professional Support Lawyer). Speakers: Francesca Morra (Partner, Corporate), Veronica Roberts (Partner, Competition and Foreign Direct Investment), Ruth Allen (Professional Support Lawyer, Competition and Foreign Direct Investment)

From harnessing new technologies and fostering a culture which embraces change, to exploring emerging skillsets, there are multiple ways legal teams can future-proof themselves. Libby Jarvis, HSF Director of Legal Operations Advisory, is joined by Jon Benson, Matt Zaba and Hannah Shillson from National Australia Bank (NAB) to discuss this and more in our latest podcast. Read our Global Bank Review here: https://insights.hsf.com/global-bank-review-2023/p/1?utm_source=soundcloud&utm_medium=podcast&utm_term=Legal-team-ep-launch

In this podcast, we discuss how the increasing use of AI is reshaping the traditional workplace across the finance sector, particularly in areas of trust, that bedrock of any relationship. Join our hosts Jenny Andrews, Chris Jones, Tyler Hendry and Sian McKinley as we try wrestle with these issues and more. Read our Global Bank Review here: https://insights.hsf.com/global-bank-review-2023/p/1?utm_source=soundcloud&utm_medium=podcast&utm_term=AI-ep-launch

In this FDI Friday episode, Hubert Segain (Partner) and Christopher Theris (Partner) discuss practical insights into the application of the French FDI regime with Ruth Allen (Professional Support Lawyer), drawing on their experience of advising on the review process. Speakers: Hubert Segain (Head of Corporate, Paris), Christopher Theris (Partner, Corporate), Ruth Allen (Professional Support Lawyer, Competition and Foreign Direct Investment)

In this FDI Friday episode, Marius Boewe (Partner) and Christian Johnen (Partner) discuss practical insights into the application of the German FDI regime with Ruth Allen (Professional Support Lawyer), drawing on their experience of advising on the review process. Speakers: Marius Boewe (Partner, Regulatory and Foreign Direct Investment), Christian Johnen (Partner, Corporate), Ruth Allen, Professional Support Lawyer, Competition and Foreign Direct Investment

Tony Damian and Andrew Rich have gone global! Taking the temperature of the London M&A market with our partner Caroline Rae

In Part 2 of Episode 2 of the podcast series, Kate and Laura explore the new Security of Payment legislation in Western Australia. In this instalment, they are joined by two eminent delay experts who will shed light on the intricacies of time bars, programming, and offer insights on how the construction industry can strive to better draft clauses on time bars, as well as make and respond to extension of time claims.

In this FDI Friday episode, Matt FitzGerald (Partner) discusses practical insights into the application of the Australian FIRB regime, drawing on his experience of advising on the review process, with Veronica Roberts (Partner), and Ruth Allen (Professional Support Lawyer). Speakers: Matt FitzGerald, Partner, Corporate, Veronica Roberts, Partner, Competition and Foreign Direct Investment and Ruth Allen, Professional Support Lawyer, Competition and Foreign Direct Investment

In this FDI Friday episode, Joe Falcone (Partner) and James Robinson (Partner) discuss practical insights into the application of the CFIUS regime in the United States with Ruth Allen (Professional Support Lawyer), drawing on their experience of advising on the review process. Speakers: Joe Falcone, Partner, CFIUS Lead, James Robinson, Partner, Corporate and Ruth Allen, Professional Support Lawyer, Competition and Foreign Direct Investment

Melanie Debenham is joined by Gemma McKinnon and Bianca Janovic from our Pro Bono and Responsible Business teams to take us through the Regional Dialogue process that led to the Uluru Statement from the Heart and how it relates to the Voice referendum proposal. They discuss the proposed constitutional amendment and principles of the Voice to Parliament. They address some of the more “lawyerly” considerations and practicalities of implementing a Voice to Parliament – as well as its accountability to the community and recognition of 65,000 years of continued care for country by First Nations people. We recognise that voters must make their own decision at the ballot box and hope to assist people to make their own informed decision. For more information, we provide some further resources: • Law Council of Australia’s material on the Referendum: https://lawcouncil.au/policy-agenda/the-referendum-for-an-aboriginal-and-torres-strait-islander-voice • Joint Select Committee Parliamentary Inquiry materials (e.g. final report, hearing transcripts and submissions): https://www.aph.gov.au/News_and_Events/Watch_Read_Listen and https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Aboriginal_and_Torres_Strait_Islander_Voice_Referendum/VoiceReferendum/Public_Hearings • Australian Electoral Commission, ‘Referendums… it’s been a while’: https://www.aec.gov.au/referendums/ • National Indigenous Australians Agency Voice: https://voice.niaa.gov.au/ • AUSPUBLAW blog: https://www.auspublaw.org/

Natalie Gaspar joins Aoife Xuereb to discuss the Australian Federal Government’s proposed changes to employment and industrial relations, following the introduction of the Fair Work Legislation Amendment (Closing Loopholes Bill) 2023 (Cth). Natalie delves into how these reforms could impact employers in the consumer sector, including in relation to casual employment, fixed term contracts, wage theft compliance, gig-economy participants.

The ‘Closing Loopholes’ Bill, tabled in the House of Representatives on 4 September 2023, proposes reforms that will have a substantial impact on employers, employees, principals, and contractors. It is a continuation of one of the most significant industrial relations reform agendas in Australian history. In the first episode of our Inside IR mini-series on the Bill, partners Rohan Doyle, Nicholas Ogilvie and Natalie Gaspar discuss some of the most significant changes in the Bill: being same job same pay, the new ‘unfair contracts’ jurisdiction of the FWC, and the new suite of minimum rights and conditions for non-employees in the gig economy and road transport distribution sectors. Rohan, Nick and Natalie explore the practical implications of these proposed new laws, and share some tips for businesses on how best to plan for them.

In this fifth episode in the FDI Friday series John Taylor (Partner), Veronica Roberts (Partner), and Ruth Allen (Professional Support Lawyer) discuss practical insights into the application of the UK's National Security and Investment (NSI) regime in the context of private capital transactions, drawing on their experience of regularly dealing with the Investment Security Unit (ISU) in relation to the NSI review process. Speakers: John Taylor, Partner, Corporate – Private Equity, Veronica Roberts, Partner, Competition and Foreign Direct Investment and Ruth Allen, Professional Support Lawyer, Competition and Foreign Direct Investment

In this fourth episode in the FDI Friday series Bob Moore (Partner), Veronica Roberts (Partner), and Ruth Allen (Professional Support Lawyer) discuss practical insights into the application of the UK's National Security and Investment (NSI) regime to deals in the pharma sector, drawing on their experience of regularly dealing with the Investment Security Unit (ISU) in relation to the NSI review process. Speakers: Bob Moore, Partner, Corporate, Veronica Roberts, Partner, Competition and Foreign Direct Investment and Ruth Allen, Professional Support Lawyer, Competition and Foreign Direct Investment

Join Partners Andrew Eastwood and Peter Jones and Senior Associate David Curley for a look at who is responsible when a bank’s customer is scammed.

In this episode, Christine Tran, Christine Wong and Brendan Donohue discuss the growing area of cyber class actions in Australia and the associated regulatory investigation risks, including current activity, challenges, areas of reform and practical tips.

In this second episode in the FDI Friday series Veronica Roberts (Partner), David Coulling (Partner), and Ruth Allen (Professional Support Lawyer) discuss practical insights into the application of the UK's National Security and Investment (NSI) regime to deals in the technology sector, drawing on their experience of regularly dealing with the Investment Security Unit (ISU) in relation to the NSI review process. Speakers: Veronica Roberts, Partner, Competition and Foreign Direct Investment, David Coulling, Partner, TMT and Ruth Allen, Professional Support Lawyer, Competition and Foreign Direct Investment

In this third episode in the FDI Friday series Sarah Pollock (Partner), Tim Briggs (Partner), and Ruth Allen (Professional Support Lawyer) discuss practical insights into the application of the UK's National Security and Investment (NSI) regime to deals in the energy sector, drawing on their experience of regularly dealing with the Investment Security Unit (ISU) in relation to the NSI review process. Speakers: Sarah Pollock, Partner, Corporate - Energy, Tim Briggs, Partner, Competition and Foreign Direct Investment and Ruth Allen, Professional Support Lawyer, Competition and Foreign Direct Investment

In this first episode in the FDI Friday series Veronica Roberts (Partner), Gavin Davies (Partner) and Ruth Allen (Professional Support Lawyer) discuss practical insights into the operation of the UK's National Security and Investment (NSI) regime, drawing on their experience of regularly dealing with the Investment Security Unit (ISU) and providing evidence to the ongoing Parliamentary Inquiry into information sharing by the ISU. Speakers: Veronica Roberts, Partner, Competition and Foreign Direct Investment, Gavin Davies, Partner, Global M&A, Ruth Allen, Professional Support Lawyer, Competition and Foreign Direct Investment

Susan Black (Partner) and Kristien Geeurickx (Professional Support Consultant) put the spotlight on the consumer protection provisions of the UK's Digital Markets, Competition and Consumers Bill which is currently going through Parliament and is expected to take effect late 2023/early 2024. Once adopted it will make a number of key changes to the UK consumer protection regime, including strengthened enforcement powers and the introduction of new, enhanced consumer rights in order to ensure the legislation keeps pace with market developments such as the trend towards online retail and advertising. Some of the headline points we cover in the podcast include the possibility for enforcers to impose penalties of up to 10% of global turnover on infringing businesses, a series of requirements imposed on businesses that operate subscription contracts, and focus on unfair practices such as fake reviews and greenwashing. Once the Bill is adopted we will follow up with further insights, so watch this space. This episode forms part of the wider CRT podcast series, which brings you the latest developments in competition, regulatory and trade law from across EMEA and beyond. More episodes from the CRT series can be found here https://www.herbertsmithfreehills.com/latest-thinking/crtea-podcast-series

In this consumer podcast, Susan Black (Partner) and Kristien Geeurickx (Professional Support Consultant) put the spotlight on the consumer protection provisions of the UK's Digital Markets, Competition and Consumers Bill which is currently going through Parliament and is expected to take effect late 2023/early 2024. Once adopted it will make a number of key changes to the UK consumer protection regime, including strengthened enforcement powers and the introduction of new, enhanced consumer rights in order to ensure the legislation keeps pace with market developments such as the trend towards online retail and advertising. Some of the headline points we cover in the podcast include the possibility for enforcers to impose penalties of up to 10% of global turnover on infringing businesses, a series of requirements imposed on businesses that operate subscription contracts, and focus on unfair practices such as fake reviews and greenwashing. Once the Bill is adopted we will follow up with further insights, so watch this space.

HSF Tokyo Of Counsel Joel Rheuben and Hiswara Bunjamin & Tandjung Of Counsel Randitya Adiguna discuss recent changes to Indonesia's merger control rules, including in particular changes to when parties will be regarded as meeting the thresholds for filing, when transactions can be excluded from filing, and changes to the filing process, such as the introduction of a filing fee.

In this cross-over episode with Talking Shop: A Consumer Sector Podcast Series, Emma Iles and Eliza Foley join Aoife Xuereb to discuss trade marks, certification marks and greenwashing risks in Australia. The use of trade marks and certification marks, like the Heart Foundation ‘tick’, by consumer companies to distinguish their product from competitors is not new. There is however an increasing array of certification marks being used to indicate to consumers that a product, its packaging or manufacturing method meets a certain sustainability performance standard, from the well established ‘FAIR TRADE’ mark to increasingly, carbon neutrality status and recyclability. Protecting consumers from misleading environmental claims is currently a priority area for ACCC action, with draft guidance recently released following a greenwashing internet sweep in which 57% of businesses (including cosmetics, personal care, fashion, food and beverage) reviewed by the ACCC were found to be making potentially misleading claims – including misleading use of third-party certifications and symbols. For more, read our latest legal briefing: https://www.herbertsmithfreehills.com/latest-thinking/accc-releases-draft-%E2%80%9Cgreenwashing%E2%80%9D-guidance

HSF Hong Kong Senior Associate Howard Chan speaks to HSF Kewei partner Frances Xu and associate Hazel Xu about recent developments in China's competition law, including changes to the law and updates to key regulations. The team also discusses enforcement trends and notable cases from the past year.

Asia Head of Competition Adelaide Luke and Bangkok partner Nonnabhat (Niab) Paiboon discuss Thailand's merger control regime and market trends. To keep up with Thailand's fast changing landscape, the Trade Competition Commission of Thailand (TCCT) is expected to introduce new decisions and interpretations on merger control rules.

Marie Louvet spoke with Manuela Alby, Senior Director, EMEA Legal - Regulatory Affairs, at Expedia Group to discuss the empowerment of women in the tech industry.

In this webinar Sydney Workplace Health & Safety Partner, Nerida Jessup will facilitated a discussion with Lauren Selby, Head Office Advisory Team (HOAT) Partner, and Melanie Debenham, Environment, Planning & Communities Partner on changing governance practices under current and evolving regulatory frameworks, how ESG-driven standards are impacting comprehensive and broader reporting – and how boards are positioning themselves to discharge their obligations with care and diligence whilst delivering on ESG ambitions.

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: • The Supreme Court’s judgment in Philipp v Barclays: key takeaways for financial institutions executing customer payments https://hsfnotes.com/bankinglitigation/2023/07/14/the-supreme-courts-judgment-in-philipp-v-barclays-key-takeaways-for-financial-institutions-executing-customer-payments/ • High Court confirms refusal of permission for ClientEarth derivative action against Shell directors https://hsfnotes.com/litigation/2023/07/25/high-court-confirms-refusal-of-permission-for-clientearth-derivative-action-against-shell-directors/ • High Court refuses permission to continue derivative claim against bank as an alleged shadow director https://hsfnotes.com/bankinglitigation/2023/07/04/high-court-refuses-permission-to-continue-derivative-claim-against-bank-as-an-alleged-shadow-director/ • Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceable https://hsfnotes.com/bankinglitigation/2023/07/26/supreme-court-decision-today-means-most-existing-uk-litigation-funding-agreements-likely-to-be-unenforceable/ • UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector https://hsfnotes.com/adr/2023/08/01/uk-government-confirms-plans-for-compulsory-mediation-in-the-county-court-and-decides-against-statutory-regulation-of-the-mediation-sector/ • English Commercial Court takes rare decision to refuse enforcement of arbitration award on public policy grounds in crypto case https://hsfnotes.com/arbitration/2023/07/17/english-commercial-court-takes-rare-decision-to-refuse-enforcement-of-arbitration-award-on-public-policy-grounds-in-crypto-case/ Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

Join Partner Michael Vrisakis and Senior Associate Tamanna Islam in conversation on some of the key trends and challenges facing the insurance industry in Australia.

This episode examines how legal professional privilege can be maintained in both internal and external communications, looks at some common privilege pitfalls and provides some practical tips on how these can be avoided. Visit our LPP Hub here: https://www.herbertsmithfreehills.com/latest-thinking/legal-professional-privilege-in-australia Send your LPP questions or feedback on this podcast to LPPAustralia@hsf.com

Susan Black and Alex Kay explore the dynamic landscape of M&A in the consumer sector in UK and Europe. What enduring trends and forces are shaping this landscape and how can deal-makers navigate through this ever-evolving environment? For more on what to expect in 2023 and beyond on the M&A front, read our Global M&A Outlook https://www.herbertsmithfreehills.com/latest-thinking/global-ma-outlook-2023-consumer-2022-was-a-challenging-year-compared-to-2021 Speakers: Susan Black, Partner and Alex Kay, Partner

In this podcast, Andrew Taggart, Jenny Andrews, Sian McKinley and Maura McIntosh discuss the types of dispute that are most frequently brought as employment class actions, the procedures that apply, and the strategic challenges and issues that arise for those defending such claims. The presenters are all authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the eighth and penultimate episode in our series of podcasts to mark the launch of the second edition of this leading textbook.

Tony Damian and Andrew Rich look at the new Takeovers Panel guidance on deal protection and insider participation, and what it means for sponsors and stub equity.

Fresh from her starring role in the 2023 M&A conference, Tony Damian and Andrew Rich chat with special guest Georgina Lynch about the board's perspective in a takeover situation and gives her top tip for deal advisers.

Kate and Laura are releasing Part 1 of Episode 2 of the podcast series that explores the new Security of Payment legislation in Western Australia. They will discuss Stage 2 of the implementation of the legislation and conduct a deep dive into the new time bar regime. Listen to episode 1 on how to ensure you are SOPA ready here: https://hsfnotes.com/disputesaustralia/2022/09/06/stage-1-of-the-new-building-and-construction-industry-security-of-payment-act-2021-how-to-ensure-you-are-sopa-ready/

Our legal professional privilege experts provide a refresher on common interest privilege, joint privilege and limited waiver, including differences between these concepts and when they might arise. We also discuss how you might look to protect privilege in different scenarios, by applying these concepts to a whistleblower case study. Visit our LPP Hub here: https://www.herbertsmithfreehills.com/latest-thinking/legal-professional-privilege-in-australia Send your LPP questions or feedback on this podcast to LPPAustralia@hsf.com

Partners Luke Hastings and Mark Smyth, together with Senior Associate Sarah Webster, cast a spotlight on greenwashing and explore how this topical issue is affecting the financial services sector.

Industrial relations gurus Sophie Beaman and Rohan Doyle break down the practical lessons for IR and HR practitioners from the top six IR cases handed down in the first half of 2023 – the cases you need to know, but might have missed. Knowing the ins and outs of cases such as these enables practitioners to maximise the opportunities and reduce the threats presented by the Australian IR system. Tune in and hear Sophie and Rohan answer a range of interesting questions, such as: - How might an employer go about ending bargaining in circumstances where it can’t reach agreement on the appropriate wage increases? - How might employers go about reducing ambiguity and uncertainty in their enterprise agreement terms? - How relevant is inflation and the maintenance of real wages when the Fair Work Commission is arbitrating wage outcomes? - Can you ‘cool off’ industrial action whilst waiting for your intractable bargaining declaration to be heard? - What happens if an employer makes a mistake in the description it provides to its employees about their existing conditions, when explaining the impact of a proposed new enterprise agreement?

Emma Iles and Eliza Foley join Aoife Xuereb to discuss trade marks, certification marks and greenwashing risks in Australia. The use of trade marks and certification marks, like the Heart Foundation ‘tick’, by consumer companies to distinguish their product from competitors is not new. There is however an increasing array of certification marks being used to indicate to consumers that a product, its packaging or manufacturing method meets a certain sustainability performance standard, from the well established ‘FAIR TRADE’ mark to increasingly, carbon neutrality status and recyclability. Protecting consumers from misleading environmental claims is currently a priority area for ACCC action, with draft guidance recently released following a greenwashing internet sweep in which 57% of businesses (including cosmetics, personal care, fashion, food and beverage) reviewed by the ACCC were found to be making potentially misleading claims – including misleading use of third-party certifications and symbols. For more, read our latest legal briefing: https://www.herbertsmithfreehills.com/latest-thinking/accc-releases-draft-%E2%80%9Cgreenwashing%E2%80%9D-guidance

In this episode new partner James Pettigrew and Professor Graeme Cooper joins Toby Eggleston to discuss the proposed debt creation regime, dropped into the thin capitalisation bill at the last minute. More details can be found in our tax insights: https://hsfnotes.com/taxaustralia/2023/08/08/tax-insight-debt-creation-regime/

Melanie Debenham and Timothy Stutt wrap up their reflections on this year’s Climate Governance Forum, hosted by the AICD and the Climate Governance Initiative Australia. Kicking off with a keynote from Mike Cannon-Brookes and followed by sessions on mandatory reporting, transition planning, greenwashing risks and an address by Senator Jenny McAllister (Assistant Minister for Climate Change), the day was rounded out with discussions on understanding stakeholder expectations and the role for boards in addressing biodiversity and nature. Speakers underlined not only the urgency of the issues but in seizing the opportunities in making climate action core business strategy. For more, read our latest legal briefing on Australia’s proposed mandatory climate reporting regime (https://www.herbertsmithfreehills.com/latest-thinking/consultation-closes-on-australia%E2%80%99s-new-mandatory-climate-reporting-regime) and short podcast series Reporting for Duties (https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia).

In this episode, Senior Associate Shan-Verne Liew, and solicitors Abby Sutherland and Henry Gallagher reflect on some real life examples of potentially reportable scenarios with a focus on inadvertent system or disclosure errors, as well the importance of legal professional privilege when investigating incidents.

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这一香港法下公司清盘的最常见的原因。 Speakers: Peter Ng, Senior Associate, Disputes, Hong Kong; Jody Luk, Senior Associate, Disputes, Hong Kong 主讲人：吴梓谦律师（香港办公室争议解决组高级律师）；陆正思律师（香港办公室争议解决组高级律师）

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.

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.

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.

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.

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.

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.

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 development and use of AI – from Mainland China’s early response and the proposed highwater mark from the EU to the lighter touch principles based approaches in the UK, Singapore and Australia. Our team cover some of the legal and ethical considerations under existing privacy laws and upcoming AI laws as consumer sector companies internationally grapple with old rules applying to new technology.

Tony Damian and Andrew Rich discuss private companies, public rules. The intersection of our takeover code with unlisted companies.

Tony Damian and Andrew Rich chat with Henrietta Rowe, Group General Counsel of Ramsay Health Care. Some great tips for all deal advisers!

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, Shanghai) and Miranda Zhang (Associate (Australia), Dispute Resolution, London) 在本集播客节目中，我们将结合英国和欧洲的情况讨论“净零排放”问题，以及企业要怎么做才能实现 “净零排放”目标。然后，我们会深入分析为什么在英国和欧洲从事经营活动的企业要了解气候相关的责任，以及如果企业不采取正确的行动，会有哪些潜在的后果。 主讲人：Gerald Leong（伦敦办公室国际仲裁部高级律师）；郑晓夏（上海办公室公司事务部高级律师）；Miranda Zhang（伦敦办公室争议解决部律师（澳大利亚执业律师））

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 customer accounts. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Sarah McNally, an insurance disputes partner, and Ceri Morgan, a professional support consultant in our banking litigation team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court confirms refusal of permission for ClientEarth derivative action against Shell directors https://hsfnotes.com/litigation/2023/07/25/high-court-confirms-refusal-of-permission-for-clientearth-derivative-action-against-shell-directors/ • Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceable https://hsfnotes.com/litigation/2023/07/26/supreme-court-decision-today-means-most-existing-uk-litigation-funding-agreements-likely-to-be-unenforceable/ • High Court allows claim in respect of secret commissions to proceed as “opt-out” representative action under CPR 19.6 https://hsfnotes.com/litigation/2023/03/01/high-court-allows-claim-in-respect-of-secret-commissions-to-proceed-as-opt-out-representative-action-under-cpr-19-6/ • Commercial Court finds indemnities covered negligence where no express reference https://hsfnotes.com/litigation/2023/06/22/commercial-court-finds-indemnities-covered-negligence-where-no-express-reference/ • Liability caps: importance of clear drafting https://hsfnotes.com/litigation/2023/07/10/liability-caps-importance-of-clear-drafting/ • Warranty & Indemnity insurance: claim failed as no breach of warranty established https://hsfnotes.com/litigation/2023/07/19/warranty-indemnity-insurance-claim-failed-as-no-breach-of-warranty-established/ • Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments https://hsfnotes.com/litigation/2023/07/14/supreme-court-clarifies-so-called-quincecare-duty-on-financial-institutions-executing-customer-payments/

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-thinking/legal-professional-privilege-in-australia

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. This episode also covers recent CMA initiatives in the consumer sector, including its investigations into greenwashing. This episode forms part of the wider CRT podcast series, which brings you the latest developments in competition, regulatory and trade law from across EMEA and beyond. More episodes from the CRT series can be found here https://www.herbertsmithfreehills.com/latest-thinking/crtea-podcast-series.

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. This episode also covers recent CMA initiatives in the consumer sector, including its investigations into greenwashing. Speakers: Helen Bignall, Of Counsel and Clemence Barraud, Senior Associate

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

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.

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, advertising laws and consumer protections. Even if NFTs are not part of your strategy, recent legal action underlines the importance of protecting your brand and customers from third party behaviour – our team share some helpful practices for legal teams. For more, check out the TechQuake series (https://insights.hsf.com/techquake/p/1) or our comprehensive guide to The IP in NFTs (https://www.herbertsmithfreehills.com/insight/the-ip-in-nfts-%E2%80%93-our-comprehensive-guide).

《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）

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

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 standby letter of credit https://hsfnotes.com/bankinglitigation/2023/05/10/high-court-considers-impact-of-russian-sanctions-regimes-in-uk-eu-and-us-on-payment-obligations-under-standby-letter-of-credit/ • High Court dismisses claim to recover US investment bank’s success fee in connection with the public offer of shares in Indian bank https://hsfnotes.com/bankinglitigation/2023/05/04/high-court-dismisses-claim-to-recover-us-investment-banks-success-fee-in-connection-with-the-public-offer-of-shares-in-indian-bank/ • High Court refuses permission for climate-change activist shareholder to bring derivative action on behalf of Shell plc against its directors https://hsfnotes.com/litigation/2023/05/17/high-court-refuses-permission-for-climate-change-activist-shareholder-to-bring-derivative-action-on-behalf-of-shell-plc-against-its-directors/ • Litigation privilege not restricted to parties to litigation, and other helpful points regarding privilege https://hsfnotes.com/litigation/2023/04/18/litigation-privilege-not-restricted-to-parties-to-litigation-and-other-helpful-points-regarding-privilege/ • UK listing and prospectus regime reform: potential impact on securities litigation https://hsfnotes.com/bankinglitigation/2023/06/14/uk-listing-and-prospectus-regime-reform-potential-impact-on-securities-litigation/ • The end of the road for USD LIBOR? https://hsfnotes.com/bankinglitigation/2023/06/07/the-end-of-the-road-for-usd-libor/ • Retained EU Law: no sweeping sunset at the end of the year https://hsfnotes.com/litigation/2023/05/11/retained-eu-law-no-sweeping-sunset-at-the-end-of-the-year/ • Biannual Banking Litigation Update (Spring 2023) https://hsfnotes.com/bankinglitigation/2023/04/27/biannual-banking-litigation-update-spring-2023/ Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

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.

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.

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.

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

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 this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts click here http://www.hsfnotes.com/pensions/?m=podcasts. Contacts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

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 accountability. Our team discuss the importance of monitoring developments, applying a continuous improvement approach to supply chain risk identification and management (which can be particularly complex in the consumer sector) and working to ensure your business has in place robust payroll compliance governance processes. For more, read our recent legal briefing on the Modern Slavery Act review (https://www.herbertsmithfreehills.com/latest-thinking/australian-modern-slavery-act-to-move-into-a-new-phase) or visit our Business and Human Rights hub (https://www.herbertsmithfreehills.com/latest-thinking/hubs/business-and-human-rights).

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 accountability. Our team discuss the importance of monitoring developments, applying a continuous improvement approach to supply chain risk identification and management (which can be particularly complex in the consumer sector) and working to ensure your business has in place robust payroll compliance governance processes. For more, read our recent legal briefing on the Modern Slavery Act review (https://www.herbertsmithfreehills.com/latest-thinking/australian-modern-slavery-act-to-move-into-a-new-phase) or visit our Business and Human Rights hub (https://www.herbertsmithfreehills.com/latest-thinking/hubs/business-and-human-rights).

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 England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the seventh in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.

In this episode, Partners Michael Vrisakis, Hugh Paynter and Alice Molan discuss one of the most vexed obligations under financial services law – the obligation to take all necessary steps to provide financial services, and engage in credit activities, efficiently, honestly and fairly.

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.

Cam Whittfield and Phillip Magness join Aoife Xuereb to discuss the risks and protections every board and management team needs to know in tackling cybersecurity complexity in the consumer sector. Cam and Phillip share real-world observations on current cyber threats, the role of lawyers in incident response, engaging with threat actors and understanding cyber insurance. They underline practical and transparent approaches to people, process and technology for resilient supply chains. For more on cybersecurity, check out our TechQuake series (https://insights.hsf.com/techquake/p/1) and how to survive the era of cyber insecurity (https://insights.hsf.com/techquake-cyber/p/1).

In the latest podcast from the Herbert Smith Freehills’ pensions team, Tim Smith, Professional Support Consultant, is joined by Anna Brain, Research Associate at the Pension Policy Institute (PPI) and Lead Researcher on the UK Pensions Framework project. Among other things, Tim and Anna discuss: • what the PPI UK Framework is and how it is being used within the industry; • how the Framework is likely to be impacted by recent policy developments; • the work that is currently going on with the Framework and what we can expect to hear about when the next report is published in November 2023; and • the key points the various political parties can learn from the Framework as we look ahead to the next General Election. The PPI is an expert organisation which undertakes rigorous research from an independent, long-term perspective to help all those interested to achieve a better, wider understanding of retirement provision issues. You can find out more about the PPI's UK Pension Framework here: https://www.pensionspolicyinstitute.org.uk/the-uk-pensions-framework/ To receive future podcasts in this series direct to your inbox subscribe hsfnotes.com/pensions/subscribe/ to our UK pensions blog hsfnotes.com/pensions/. To view our other pensions podcasts click here www.hsfnotes.com/pensions/?m=podcasts. Contacts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

Susannah Wilkinson and Julian Lincoln join Aoife Xuereb to discuss generative AI and how it works - including some use cases, limitations, risks and mitigation strategies to be across when exploring how generative AI could deliver efficiencies in your organisation. They suggest some helpful guardrails to support getting started particularly when the possibilities seem endless, emphasising the importance of good governance and matching the right tech and task to realise true value for the consumer sector, from product innovation to the supply chain, operations, marketing and sales. For more on AI, check out our TechQuake series https://insights.hsf.com/techquake-ai/p/1 and its overview of generative AI https://insights.hsf.com/techquake-ai/p/6.

In this episode Rohan Doyle speaks with industrial relations legend Russell Allen, a senior consultant in our Employment and Industrial Relations group and former partner. With a wealth of experience spanning 50 years at Herbert Smith Freehills, Russell shares with Rohan the changes we have seen in industrial relations over the last five decades, how the current IR landscape compares to that of the past, and what lessons can be applied to the new world of industrial relations post the Secure Jobs, Better Pay amendments.

In this episode stamp duty specialists Jinny Chaimungkalanont and Dan Miles educate income tax partner Toby Eggleston on the latest developments in Australian state taxes. Topics include the Victorian State budget, NSW changes to landholder duty for listed entity takeovers (look out!), NT and WA updates and rounding it out with a summary of 3 important cases handed down in May. More details can be found in our tax insights: https://hsfnotes.com/taxaustralia/2023/05/23/2023-24-budget-update-key-changes-to-australian-state-taxes-2/ https://hsfnotes.com/taxaustralia/2023/05/11/duties-alert-reform-to-nsw-landholder-duty-for-listed-landholders-and-widely-held-trusts/ https://hsfnotes.com/taxaustralia/2023/05/26/decision-alert-nsw-court-of-appeal-overturns-decision-that-power-generation-assets-were-not-goods-for-the-purposes-of-landholder-duty/ https://hsfnotes.com/taxaustralia/2023/05/09/2023-24-budget-update-key-changes-to-australian-state-taxes/

Tony Damian and Andrew Rich discuss reverse break fees - the good, the bad and the ugly (the ugly being a gangster slug driving a hard deal).

Tony Damian and Andrew Rich ask the hard questions of our new M&A partner Amelia Morgan: favourite deal, deal moment, Takeovers Panel decision, scheme decision and Amelia's aims for the next couple of years.

In this 19th episode of our series of commercial litigation update podcasts, we look at developments in a range of areas, including environmental litigation, privilege, claims against cryptocurrency exchanges, and force majeure. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Julian Copeman, a partner, and Gary Horlock, a senior associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court refuses permission for climate-change activist shareholder to bring derivative action on behalf of Shell plc against its directors https://hsfnotes.com/litigation/2023/05/17/high-court-refuses-permission-for-climate-change-activist-shareholder-to-bring-derivative-action-on-behalf-of-shell-plc-against-its-directors/ • Supreme Court finds no continuing nuisance simply because polluting substance remains on claimants' land https://hsfnotes.com/litigation/2023/05/18/supreme-court-finds-no-continuing-nuisance-simply-because-polluting-substance-remains-on-claimants-land/ • Litigation privilege not restricted to parties to litigation, and other helpful points regarding privilege https://hsfnotes.com/litigation/2023/04/18/litigation-privilege-not-restricted-to-parties-to-litigation-and-other-helpful-points-regarding-privilege/ • Privilege not lost where email containing legal advice found on employee’s work laptop https://hsfnotes.com/litigation/2023/05/03/privilege-not-lost-where-email-containing-legal-advice-found-on-employees-work-laptop/ • Data class actions: claim for misuse of private information could not be brought as “opt-out” representative action https://hsfnotes.com/litigation/2023/05/23/data-class-actions-claim-for-misuse-of-private-information-could-not-be-brought-as-opt-out-representative-action/ • High Court sets aside interim proprietary injunction against cryptocurrency exchange Binance https://hsfnotes.com/litigation/2023/05/04/high-court-sets-aside-interim-proprietary-injunction-against-cryptocurrency-exchange-binance/ • Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application https://hsfnotes.com/litigation/2023/05/15/force-majeure-general-assertions-as-to-impact-of-covid-19-and-brexit-not-sufficient-to-defeat-summary-judgment-application/

In this episode of our public M&A podcast series, we discuss recent activity levels, trends and themes we are seeing on public M&A transactions in the UK and recent and upcoming changes to the Takeover Code.

In episode 19, Emma and Rebekah discuss Ed Sheeran's recent successes defending copyright claims against him in the Manhattan Federal Court and the UK High Court, as well as other recent copyright stoushes between major pop artists. Emma and Rebekah unpack some of the nuances of copyright law, its role in protecting creators and the fine balance required to avoid granting a monopoly which would prevent others from using the building blocks of music, especially in western pop music which usually employs a 12-note scale.

In this webinar we explore some of the more unusual cases in recent years which typify the broadening of the boundaries of WHS law. Managing Partner Steve Bell moderates a panel of our work health and safety experts across Australia as they each reflect on changes in their jurisdiction.

Banks and scams: protecting customers and managing risk. How can banks walk the tightrope between broadening their appeal to a new generation of tech-savvy consumers whilst ensuring they keep their customers safe from online fraud? In the latest episode of our new podcast series: Banking on people in an age of digital transformation Hannah Cassidy, Charlotte Henry and Marina Reason explore how the banking industry is addressing the increasingly prevalent threat of cyber hacks and scams, as it strives to strike a balance between bank, regulator and customer liability.

In this podcast, David Bennett and Maura McIntosh discuss product liability group actions, which have been an area of steady growth since these claims started to emerge in the English courts at the end of the last century. The podcast looks at how such claims are brought, how prevalent they are, and the main causes of action that are typically relied on. The presenters are both authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the sixth in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.

Banks and crypto: assets or liabilities? What level of regulation is appropriate to protect customers and their virtual assets? How can the need for improved regulation match the desire for innovation as digital transformation drives a new approach to banking? Find out what Hannah Cassidy, Charlotte Henry and Marina Reason have to say in the latest episode of our new podcast series.

In this episode, partners Rohan Doyle and Tony Wood discuss bargaining dynamics arising from changes to union and employer leverage following the Secure Jobs, Better Pay reforms, and share practical suggestions for how employers should approach bargaining planning in this new world of IR. Many employers will be focussed on securing enterprise agreements which minimise the potential perils of multi-employer bargaining or arbitration by the Fair Work Commission. How should employers prepare for these changes? What’s more important now? And what are some of the key preparatory steps that employers can take to enhance their bargaining outcomes? Rohan and Tony consider all of this and more in an enlightening conversation covering the priorities for pre-bargaining planning (how much and how long in advance is desirable?), the importance of securing employee trust and engagement, being ready for compulsory arbitration by the Commission, what unions do well and where employers can do better. This episode has lots of practical tips and insights, including for experienced IR practitioners.

In this episode partners Toby Eggleston, Ryan Leslie and Nick Heggart and consulting Professor Graeme Cooper breakdown the Australian Federal budget and the implications for large taxpayers. Topics include proposed changes to Part IVA, build to rent incentives, Pillar 2 update and a special section for the mining sector. All you need in 26 minutes! More details can be found in our tax insight: https://hsfnotes.com/taxaustralia/2023/05/09/tax-insight-tax-measures-in-australias-2023-24-budget/

Banks and social shifts: their impact on staff. Has the social and cultural landscape shifted in a way that benefits employees or their employer? Are employees more mobile, or can organisations find new ways to retain top talent? With a focus on finance, Christine Young, Jenny Andrews and Adam Hylton explore how digital transformation, fostering a culture of openness and creative approaches to recruitment may up end the age old bargains banks make with their staff.

Aoife Xuereb, Nanda Lau and Andrew Rich discuss the outlook for M&A activity in Asia and Australia in the consumer sector, in light of the significant global macro-economic headwinds. They note that, despite those headwinds, M&A markets remain very much ‘open for business’. They also discuss how many consumer companies are looking to use M&A to reposition themselves through carving out companies, divisions and brands that are either no longer core or underperforming. They note that private capital firms with cash to deploy and trade buyers with strong balance sheets remain as keen as ever to acquire strong brands with stable cash flows. For more on what to expect in 2023 and beyond on the M&A front, read our Global M&A Outlook: https://www.herbertsmithfreehills.com/latest-thinking/global-ma-outlook-2023-consumer-2022-was-a-challenging-year-compared-to-2021

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 Tom Wyer. You can find links to our blogs on the cases covered in this podcast below: • High Court considers reliance in s.90A FSMA claims in context of split trial application https://hsfnotes.com/bankinglitigation/2023/03/08/high-court-considers-reliance-in-s-90a-fsma-claims-in-context-of-split-trial-application/ • High Court allows claim in respect of secret commissions to proceed as “opt-out” representative action under CPR 19.6 https://hsfnotes.com/litigation/2023/03/01/high-court-allows-claim-in-respect-of-secret-commissions-to-proceed-as-opt-out-representative-action-under-cpr-19-6/ • Hong Kong court provides novel and influential analysis of the Quincecare duty https://hsfnotes.com/bankinglitigation/2023/04/04/hong-kong-court-provides-novel-and-influential-analysis-of-the-quincecare-duty/ • High Court finds UK sanctions do not preclude entry of judgments in favour of Russian sanctioned parties https://hsfnotes.com/bankinglitigation/2023/02/20/high-court-finds-uk-sanctions-do-not-preclude-entry-of-judgments-in-favour-of-russian-sanctioned-parties/ • High Court underlines need to consider scope of agency in considering whether documents to which agent has access are in principal’s control https://hsfnotes.com/bankinglitigation/2023/03/27/high-court-underlines-need-to-consider-scope-of-agency-in-considering-whether-documents-to-which-agent-has-access-are-in-principals-control/ • Part 36 offer to settle “the whole of the claim” did not include claims set out in draft amended pleadings https://hsfnotes.com/litigation/2023/03/09/part-36-offer-to-settle-the-whole-of-the-claim-did-not-include-claims-set-out-in-draft-amended-pleadings/ Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

In the latest podcast from the Herbert Smith Freehills’ pensions team, Mark Howard, Of Counsel, is joined by Claire Altman, Managing Director of Individual Retirement at Phoenix to discuss: • the challenges for at retirement decision making; • retirement product design and advice for members; and • whether collective DC schemes might offer an alternative solution at retirement. To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts click here http://www.hsfnotes.com/pensions/?m=podcasts. Contacts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

Kathryn Pacey, environment and planning partner is joined by Isabella Kelly, ESG senior associate and Jaya Prasad, solicitor in our energy and resources team to discuss the role of carbon and biodiversity offsets in meeting net zero and nature positive goals. They peel back the layers of government targets and regulatory reforms including the review of the Environment Protection and Biodiversity Conservation Act, Safeguard Mechanism, Australian Carbon Credit Units - and the new Nature Repair Bill. Amidst the increasing use of carbon credits to offset emissions in reaching climate targets, yet more layers are revealed including greenwashing, activist attention and disclosure considerations under the upcoming mandatory climate reporting regime and ISSB standards. Further complexities arise from multi-stakeholder carbon abatement projects, contracting arrangements and financial services requirements.

Tony Damian and Andrew Rich get wise insights from the "vote whisperer", Maria Leftakis, APAC Chair of Morrow Sodali. A must see for any corporate meeting or campaign aficionado!

Tony Damian and Andrew Rich hear insights from Competition partner Sarah Benbow on the ACCC's proposed reforms to the merger clearance process. Important stuff for M&A land.

The UK National Security and Investment Act – more than one year of the new regime: key lessons for Chinese investors The UK National Security and Investment Act entered into force last year. In this episode, we examine how the new regime has been working in practice, the impact we are seeing on Chinese investments in the UK, and some practical points for investors. 英国《国家安全和投资法案》已于2022年生效。本期播客探讨了该法案在实践中是如何运作的，对中国投资者赴英投资的影响，以及对中国投资者有哪些启示。 Detailed materials (Chinese language): https://marketing.hsf.com/20/29354/landing-pages/english-law-episode-3-wechat-post.pdf https://mp.weixin.qq.com/s/cmscVkWOSLycFBBX--1QiA Speakers: Qiujie Tan and Jie Li

In this podcast, Rupert Lewis, Simon Clarke and Gregg Rowan discuss shareholder class actions, which give rise to significant risks for corporate clients. The podcast looks at why these claims have become more prevalent in the English courts in recent years, and the mechanisms for bringing such claims and how these differ from US-style class actions. It discusses the main legal bases for such claims and some of the key battlegrounds that tend to arise. The presenters are all authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the fifth in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.

In this episode, partners Rohan Doyle and Drew Pearson explore one of the most significant changes to enterprise bargaining in decades - the new intractable bargaining regime. Rohan and Drew reflect on how the regime will completely change the way employers approach enterprise bargaining, and discuss how the Fair Work Commission will go about arbitrating contested claims. They also share their tips on how employers can best prepare for bargaining under this new regime.

In episode 18, Emma and Rebekah are joined by Patrick Gay, a Partner in Herbert Smith Freehills' Competition, Regulation & Trade team. Together they unpack the ACCC's 2022 draft determination which proposed to deny authorisation of a settlement and licence agreement that was intended to resolve an ongoing patent dispute in the Federal Court between Celgene and generic drug companies Juno and Natco. With Patrick’s insights, Emma and Rebekah touch on the potential impacts of the draft determination on parties looking to settle IP disputes in the future.

In this episode, Tim Stutt speaks with partner Bryony Adams and senior associate Stephanie Crosbie for a discussion about financial crime and the governance and reputational risk exposures from regulatory non-compliance. The heat is on for boards, with the scale and penalties for money laundering being one of the fastest growing ESG areas. Our team unpack regulator expectations and what this means for directors in terms of getting across the risks, implementing a compliant and risk-based Anti-Money Laundering program and associated training, and importantly – setting a risk culture or “tone from the top”.

Join Robert, Christine and Jonathan in the first of two episodes on how to deal with witnesses and suspects. This first episode is focused on employment and the team discuss what issues should be considered, how we should deal with whistleblowers and witnesses, and what the employment options are when an employee has been found to have acted improperly.

Tony Damian and Andrew Rich look at the significant streamlining of the scheme process, with collective thanks to Justice Jackman for doing away with a lot of the inefficiencies, while keeping all the good bits!

Tony Damian and Andrew Rich wrap Q1 2023, a quarter we rated a 7.5 / 10 for some big situations and a good range of bidders, with questions around which of these will turn into closed deals.

In 2021, we saw record deal values of over USD$4.2 trillion in global M&A activity. However the global deal values had a 33% decline in the second half of 2022 compared to the first half.The market downturn in M&A conditions was also reflected in Asia, although the region as a whole held up relatively better activity-wise than most others. A question of whether 2022 was just a temporary setback for Asia M&A arises, together with how optimistic are we for 2023 given the resilience of the region. Irina Atkentjeva, our host, together with our M&A partners Tommy Tong and Joseph Fisher will explore the above in this episode. They will also talk about which sectors will drive activity in the region in their view, what other sectors may catch up, deal structures and terms we expect to see and how are M&A activity levels in 2023 so far. For more thoughts and insights on the global M&A market for 2023, read our Global M&A report 2023 – Headwinds, Tailwinds and Fog: https://insights.hsf.com/global-ma-outlook-2023/p/1

Join Jason Betts and Aoife Xuereb as they sit down with Jerome Doraisamy, Editor of Lawyers Weekly to discuss his editorial approach, the adoption of social media to interact with the public, and concerns for the development of young lawyers in the post-pandemic era.

Join hosts Malika Chandrasegaran, Partner and Mia Harrison Kelf, Senior Associate from our Sydney Corporate M&A team for a discussion with Toby Eggleston, Partner and tax expert from our Melbourne office, on navigating tax related issues that arise when negotiating tech deals. They cover what regulators, such as FIRB and the ATO, are thinking about at the moment, issues such as scrip for scrip rollover, earnouts, retention payments and option schemes, and ways that we are bridging value gaps on tech deals in current markets.

In the first episode of our shareholder activism podcast series, we give an introduction to activism and look at: • what activism is • what form an activism campaign may take • some of the issues a company may face if it is targeted and • how can companies best prepare for activism. Speakers: Antonia Kirkby, Professional Support Consultant, Mark Bardell, Partner and Neil Blake, Partner

Finance partners Andrew McLean, Jon Evans and Elizabeth Charlesworth take the wheel this episode to discuss the evolution of green and sustainability linked loans, from federal government funders and other agencies to increasing interest from commercial banks, institutional investors and private capital. They discuss the key issues across mining, energy and infrastructure sectors, along with recent regulatory and industry developments addressing greenwashing and social targets (or “pinkwashing”).

In this 18th episode of our series of commercial litigation update podcasts, we consider a significant recent decision on representative actions under CPR Part 19, cases on disclosure and judgments handed down under embargo, and a Supreme Court decision on unjust enrichment. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Ben Phillips, an associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court allows claim in respect of secret commissions to proceed as “opt-out” representative action under CPR 19.6 https://hsfnotes.com/litigation/2023/03/01/high-court-allows-claim-in-respect-of-secret-commissions-to-proceed-as-opt-out-representative-action-under-cpr-19-6/ • High Court underlines need to consider scope of agency in considering whether documents to which agent has access are in principal's control https://hsfnotes.com/litigation/2023/03/27/high-court-underlines-need-to-consider-scope-of-agency-in-considering-whether-documents-to-which-agent-has-access-are-in-principals-control/ • Court of Appeal confirms refusal of anti-suit injunction to restrain US s.1782 discovery application in libel proceedings https://hsfnotes.com/litigation/2023/03/02/court-of-appeal-confirms-refusal-of-anti-suit-injunction-to-restrain-us-s-1782-discovery-application-in-libel-proceedings/ • Court of Appeal finds disclosure to party’s US lawyers breached embargo on draft judgment, but no further steps taken https://hsfnotes.com/litigation/2023/02/01/court-of-appeal-finds-disclosure-to-partys-us-lawyers-breached-embargo-on-draft-judgment-but-no-further-steps-taken/ • Supreme Court finds no entitlement to payment in circumstances not addressed by express contractual terms https://hsfnotes.com/litigation/2023/02/14/supreme-court-finds-no-entitlement-to-payment-in-circumstances-not-addressed-by-express-contractual-terms/

We were delighted to host the London launch of the Living Wage Foundation's new Living Pension employer accreditation and to become one of the UK's first Living Pension employers. In the latest podcast from the Herbert Smith Freehills’ pensions team, Tim Smith, Professional Support Consultant, is joined by Katherine Chapman, Director of the Living Wage Foundation and Shelley Morris, Senior Project Manager for the Living Pension at the Living Wage Foundation to discuss this new initiative and to find out: • What the Living Pension is and why is it being launched? • What standards an employer's pension scheme needs to meet in order to qualify? • How the standards cater for the current cost of living crisis? • How this initiative differs from other similar initiatives aimed at helping people save more for their retirement? • What employers should do if they want to become a Living Pension employer? Anyone interested in finding out more about the Living Pension should click here. https://livingwage.org.uk/living-pension To receive future podcasts from the HSF pensions team direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts click here http://www.hsfnotes.com/pensions/?m=podcasts

In this episode in our Tax Bites series, Professor Graeme Cooper and partners Ryan Leslie and Toby Eggleston unpack the just released Exposure Draft on changes to Australia’s thin capitalisation regime aimed at limiting interest deductions for Australian taxpayers. 30 years of tax history packed into under 30 minutes! More details here: https://hsfnotes.com/taxaustralia/2023/03/17/tax-insight-new-limits-on-deducting-interest/

In this episode of On Just Terms, Jason Betts is joined by Elizabeth Collins SC and Imtiaz Ahmed who are both Barristers at Sixth Floor Chambers. Both deeply experienced in the conduct of class actions litigations, including shareholder class actions, they discuss advocacy in complex commercial litigation, the operation of the class action regime and the nature of practice at the commercial bar. Exploring the links between royal commissions and class actions, the funding of our major corporate regulators, director and officer obligations, and best practice briefing when working with barristers.

In celebration of International Women’s Day, partners Nerida Jessup and Natalie Gaspar from our employment, IR and safety practice speak with Jaclyn Booton, Executive Director of the Stella Prize, a major literary award celebrating Australian women’s writing. They reflect on 10 years of Stella and its significant influence on a more vibrant and equitable literary culture. An approach of “You lead, we’ll support” has been key to this success and will resonate with organisations seeking better diversity and inclusion outcomes. Visit stella.org.au - your book club will thank you!

In the second episode of our new Chinese language podcast, Gerald Leong (a Senior Associate in our Arbitration practice in London) and Alizee Zhang (a Senior Associate in our Corporate practice in Shanghai) discuss the key topics relevant to foreign investment in the UK, including: a) the various modes of investment; b) a brief introduction to the National Security and Investment Act 2021; and c) how investors can protect themselves in the event of a dispute The series will focus on the importance of the UK-China investment corridor and introduce our China-based clients to the key commercial and legal issues in investing in the UK market. 在这个系列节目中，本所律师将对英格兰法律的不同领域进行简短介绍和讨论，希望能够帮助大家了解自身在英格兰法律下的权利和义务，并在考虑进入英国市场或选择英格兰法律作为合同管辖法的时候能够更好地作出决定。 本第二期博客围绕以下几点探讨外国公司在英国投资事宜： a) 概述在英国投资的主要方式； b) 概述英国《国家安全和投资法》（NSIA）； c) 投资者如何保护自身的投资并在发生争议时如何占据有利地位。 Detailed materials (Chinese language) : https://marketing.hsf.com/20/29354/landing-pages/english-law-episode-2-wechat.pdf Speakers: Alizee Zheng, Senior Associate, Shanghai and Gerald Leong, Senior Associate, London

In this episode we take a look at the new multi-enterprise bargaining regime and answer the big questions on Australian employers’ minds. Why is this one of the most significant changes to Australian industrial relations in decades? How will unions use it to force bigger and more equal salaries across industries? What are the risks that it presents to employers and unions? Why is (almost) every employer exposed? How can employers avoid being forced into the regime? And how should employers best prepare for its commencement in June 2023? Rohan Doyle and Nick Ogilvie share their insights on these important questions and draw out key strategies that employers should consider well ahead of commencement of the new world of multi-enterprise bargaining.

In this podcast, Julian Copeman and Maura McIntosh discuss data class actions, which represent a significant risk for businesses, and consider the ways in which such actions can be brought in the English courts. The podcast looks in particular at the potential for data class actions to be brought on an "opt-out" basis, using the representative action procedure under CPR 19. It considers the avenues by which data claims may still be pursued as representative actions despite the Supreme Court's high profile decision in the Lloyd v Google case, and looks at a very recent High Court decision which could potentially lead to the procedure being used more widely. It also touches on the potential for data claims to be reframed in order to take advantage of the specific regime for competition class actions in the Competition Appeal Tribunal. The presenters are both authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the fourth in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.

In the latest podcast from Herbert Smith Freehills’ pension team, Michael Aherne, Partner, is joined by Alex Hutton-Mills, Co-founder and Head of Pension Corporate Finance at Cardano Advisory to discuss Corporate Transactions involving Pension Schemes and how the Regulatory framework has altered over the last 10 years. In particular, Michael and Alex discuss: • The impact of the Regulators criminal powers on corporate transactions; • Changes in the nature of transactions; • The dynamics playing out between public and private M&A; • The DB funding code; and • New notifiable events regime. To receive future podcasts in this series direct to your inbox subscribe hsfnotes.com/pensions/subscribe/ to our UK pensions blog hsfnotes.com/pensions/. To view our other pensions podcasts click here www.hsfnotes.com/pensions/?m=podcasts. Contacts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

In this episode of On Just Terms, Herbert Smith Freehills partner Jason Betts is joined by Michael Pelly, Legal Affairs Editor, Australian Financial Review (AFR) to discuss the reporting of legal affairs, trending reforms in class actions, and the issues more likely to grab future headlines in Australia. In a time of significant change where the legal sector is reshaping itself and risks are evolving quickly, they discuss ideas discuss the dynamic evolution of class actions and their potential to drive social change, the adversarial nature of litigators, and balance, efficiency and proportionality in the judicial system.

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 Harriet Tolkien. You can find links to our blogs on the cases covered in this podcast below: • Is the decentralised governance of Bitcoin a myth? Court of Appeal finds real issue to be tried as to whether developers owe fiduciary duties to Bitcoin owners https://hsfnotes.com/litigation/2023/02/13/is-the-decentralised-governance-of-bitcoin-a-myth-court-of-appeal-finds-real-issue-to-be-tried-as-to-whether-developers-owe-fiduciary-duties-to-bitcoin-owners/ • High Court finds lender’s exercise of absolute contractual right is not subject to implied Braganza duty https://hsfnotes.com/bankinglitigation/2023/02/01/high-court-finds-lenders-exercise-of-absolute-contractual-right-is-not-subject-to-implied-braganza-duty/ • Supreme Court strikes out Quincecare claim where no loss suffered by insolvent Ponzi scheme https://hsfnotes.com/bankinglitigation/2023/01/23/supreme-court-strikes-out-quincecare-claim-where-no-loss-suffered-by-insolvent-ponzi-scheme/ • Court of Appeal finds disclosure to party’s US lawyers breached embargo on draft judgment, but no further steps taken https://hsfnotes.com/litigation/2023/02/01/court-of-appeal-finds-disclosure-to-partys-us-lawyers-breached-embargo-on-draft-judgment-but-no-further-steps-taken/ • Court orders contempt proceedings to be brought in respect of possible breaches of embargo on draft judgment https://hsfnotes.com/litigation/2023/01/05/court-orders-contempt-proceedings-to-be-brought-in-respect-of-possible-breaches-of-embargo-on-draft-judgment/ Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

In our first Employment & IR Briefing Series event for 2023, Wendy Fauvel moderated a panel of experts spanning our national Employment and IR team including Rachel Dawson, Shivchand Jhinku and Brad Popple. In this webinar our panel broke down some common myths and shared insights on what employers can be doing to effectively navigate these changes. Our panel also looked forward to what might come next, including the “closing loophole” legislation that is planned by Labor in the second half of the year.

Allan Bulman, Chief Executive of the Takeovers Panel talks with Tony Damian and Andrew Rich about the Panel’s role, and topical issues such as applicant standing, policy issues around truth in takeovers and a put up or shut up rule, as well as media canvassing. Not to mention applicants with baseball bats promising venomous sprays and armed robbers!

Deals .... that .... take .... time. Tony Damian and Andrew Rich discuss deals.

From contractual to incorporated joint ventures, data sharing arrangements and everything in between, the structures and complexity of tech deals are less likely to follow the traditional M&A or investment path which makes tech an exciting space to be working in. Join our host Mia Harrison-Kelf, Senior Associate in the Sydney Corporate M&A team, for a discussion with Peter Jones, Sydney Telecommunications, Media & Technology Partner, and Jamie McLaren, Corporate M&A Partner based in our Singapore office as they touch on the trends they are seeing across the APAC region and the drivers behind companies seeking out alternative structures.

In this podcast, Neil Blake and Gregg Rowan discuss environmental and human rights-based group actions, which continue to give rise to significant risks for businesses. The podcast focuses in particular on transnational tort claims in the English courts, in which claimants seek to establish liability on the part of parent companies for the acts or omissions of their subsidiaries abroad, and looks at how this area is developing. It also discusses climate-change related litigation, and the potential for such claims to take hold in England and Wales. The presenters are both authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the third in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.

In this episode we take a brief break from IR reform, and take a look at the top 6 IR cases of 2022 that IR and HR practitioners need to know, but might have missed. These decisions of the Fair Work Commission and the Federal Court will have significant implications for many employers. Rohan Doyle, Natalie Gaspar and Brad Popple break down the detail and draw out the key practical points which IR practitioners should be across.

In this episode of our public M&A podcast series, we discuss the National Security and Investment Act in the context of public M&A transactions, in particular: • the decisions we have seen under the regime in the past 12 months; • the impact it has had on takeovers in practice; and • our key takeaways for parties and their advisers.

In this episode, Mel Debenham and Isabella Kelly invite Mark Smyth, disputes partner to join our series exploring the themes from HSF’s report on Unlocking ESG Investment in Australia. With 58% of our report’s survey respondents, comprising more than 100 business leaders, seeing barriers to greater levels of ESG investment including legal, tax and tenure of investment, Mark expands on the difficulties for companies in talking about the long term benefits they expect to realise through ESG investments or announcing a strong corporate ambition on ESG. Read our report here: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/2?utm_source=Soundcloud&utm_medium=podcast&utm_campaign=EP25

In the third episode of our investigations podcast series, join Robert Hunt, Miriam Everett, Stephanie Barrett and Ali Grodzki where they discuss data issues in investigations, including the ever-increasing sources of data, navigating data laws and the evolving methods in which we collect and review data.

Tony Damian and Andrew Rich look at the issues and the direction of travel from the Takeovers Panel.

In this 17th episode of our series of commercial litigation update podcasts, we consider recent cases on waiver of privilege, developments relating to disclosure, judgments and enforcement, and two recent Court of Appeal decisions on limitation and settlement respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Daniel Woods, a senior associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court decision shows need for clear evidence if trying to prevent use of privileged material disclosed in error https://hsfnotes.com/litigation/2023/01/16/high-court-decision-shows-need-for-clear-evidence-if-trying-to-prevent-use-of-privileged-material-disclosed-in-error/ • High Court finds reference to legal advice in witness statement engaged cherry-picking rule https://hsfnotes.com/litigation/2022/12/21/high-court-finds-reference-to-legal-advice-in-witness-statement-engaged-cherry-picking-rule/ • Disclosure: High Court directs party to identify which current and ex-employees have been asked for/given consent to search for documents on their personal devices https://hsfnotes.com/litigation/2023/01/11/disclosure-high-court-directs-party-to-identify-which-current-and-ex-employees-have-been-asked-for-given-consent-to-search-for-documents-on-their-personal-devices/ • Court orders contempt proceedings to be brought in respect of possible breaches of embargo on draft judgment https://hsfnotes.com/litigation/2023/01/05/court-orders-contempt-proceedings-to-be-brought-in-respect-of-possible-breaches-of-embargo-on-draft-judgment/ • UK government consults on joining Hague Judgments Convention 2019 https://hsfnotes.com/litigation/2022/12/16/uk-government-consults-on-joining-hague-judgments-convention-2019/ • Court of Appeal finds limitation period may start to run before deadline for payment of debt https://hsfnotes.com/litigation/2023/01/16/court-of-appeal-finds-limitation-period-may-start-to-run-before-deadline-for-payment-of-debt/ • Court of Appeal finds settlement agreement released unknown fraud claims despite lack of express words to that effect https://hsfnotes.com/litigation/2023/01/13/court-of-appeal-finds-settlement-agreement-released-unknown-fraud-claims-despite-lack-of-express-words-to-that-effect/

In this podcast, Kim Dietzel, Stephen Wisking and Maura McIntosh discuss competition class actions under the Collective Proceedings Order regime in the Competition Appeal Tribunal (CAT), which allows claims to be brought on either an "opt-in" or "opt-out" basis. This is an area that has seen very significant growth over the past couple of years, and we expect this trend to continue. The podcast explains the key features of the regime, how the CAT approaches the certification of these claims, and the trends we are seeing. The presenters are all authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the second in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.

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

Himalayan Bites returns for 2023, Tony Damian and Andrew Rich start with an informative chat on merger authorisation with competition law guru Linda Evans.

In this episode, Tim Stutt and Mel Debenham are joined by Kathryn Pacey, environment and planning partner to discuss HSF’s report on Unlocking ESG Investment in Australia, and the long road for businesses assessing their supply chain and how to balance immediate pressures with long term ambition. 60% of our report’s survey respondents, comprising more than 100 business leaders, say their company has a net zero commitment ranging between now and 2050, but 40% say the commitments don’t reflect Scope 3 emissions in the value chain. Given regulatory uncertainty and inconsistency was cited as the only barrier unique to Australia, Kathryn discusses the swathe of regulatory changes facing businesses and their goals for emissions reduction and environmental protection.

In this episode Mark Peters and Toby Eggleston discuss the latest in the world of NSW stamp duty. A must listen for those in property and infrastructure. More details can be found on blog here: https://hsfnotes.com/taxaustralia/2022/11/15/nsw-stamp-duty-reforms-change-of-beneficial-ownership-where-have-we-landed-significant-changes-to-leases-and-option-transactions/

In this episode we deep dive into the recently passed Secure Jobs, Better Pay Act, which is set to have a significant impact on the industrial relations environment in Australia. Rohan Doyle, Natalie Gaspar and Nicholas Ogilvie discuss how enterprise bargaining will change under these new laws, and the work that employers will need to do to best position themselves for this new bargaining environment.

Join Robert Hunt, Cameron Dunstan-Smith and Brian Spiro for the second episode of our investigations podcast series where they will be discussing dawn raids. This episode will explore key themes when dealing with a dawn raid, including the importance of preparation, how best to confront them when they arise and what can be done to prevent a raid from happening. They will also share practical lessons learnt from their own personal experiences. If you have any questions, please do not hesitate to contact the team.

In this episode of On Just Terms, Jason Betts is joined by The Hon. Justice Sarah C Derrington AM President of the Australian Law Reform Commission (ALRC), their discussion covers reforms to class actions practice, changes to the corporations law and the future direction of commonwealth law reform. Her Honour shares insights into the factors impacting class actions, approaches to modern litigation including mega-litigation, the future of the ALRC, and the role serendipity has played in her career.

In this Christmas Special 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 guests Elena Kormosh, Scott Warin, Tom Wyer and Catherine Bagge. You can find links to our blogs on the cases covered in this podcast below: • High Court confirms interest rate swaps entered into with Italian municipal authority were valid, lawful and binding on the parties https://hsfnotes.com/bankinglitigation/2022/11/11/high-court-confirms-interest-rate-swaps-entered-into-with-italian-municipal-authority-were-valid-lawful-and-binding-on-the-parties/ • High Court finds that bank's notice of event of default under section 5(a)(i) of the 2002 ISDA Master Agreement is valid https://hsfnotes.com/bankinglitigation/2022/11/17/high-court-finds-that-banks-notice-of-event-of-default-under-section-5ai-of-the-2002-isda-master-agreement-is-valid/ • Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to "overcome" force majeure event https://hsfnotes.com/bankinglitigation/2022/11/07/court-of-appeal-finds-party-was-required-to-accept-non-contractual-performance-in-exercising-reasonable-endeavours-to-overcome-force-majeure-event/ • High Court considers contractual construction of irrevocable letter of credit incorporating UCP 600 https://hsfnotes.com/bankinglitigation/2022/11/15/high-court-considers-contractual-construction-of-irrevocable-letter-of-credit-incorporating-ucp-600/ • Interpreting ICC standardised rules in trade finance disputes: courts take an international perspective https://hsfnotes.com/bankinglitigation/2022/10/28/interpreting-icc-standardised-rules-in-trade-finance-disputes-courts-take-an-international-perspective/ • No privilege for original version of document simply because comparison to final version would reveal legal advice https://hsfnotes.com/litigation/2022/10/06/no-privilege-for-original-version-of-document-simply-because-comparison-to-final-version-would-reveal-legal-advice/ • Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege https://hsfnotes.com/bankinglitigation/2022/11/22/court-of-appeal-confirms-identity-of-those-instructing-lawyers-not-generally-protected-by-litigation-privilege/ Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

In the latest podcast from the Herbert Smith Freehills' pensions team, Olivia Kettleborough, our Professional Support Paralegal is joined by Tim Smith, our Professional Support Consultant to look back at 2022 and to look ahead to the key developments in store for pension scheme sponsors, trustees and providers as we move into the New Year. These include: • the new DB statutory funding requirements; • pension dashboards; and • the Consumer Duty. Tim also shares a couple of other developments to look out for which people may not be aware of. To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts click here http://www.hsfnotes.com/pensions/?m=podcasts. Contacts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

In our final edition of the Safety Leadership Series for 2022, Steve Bell and Aaron Anderson are joined by Special Counsel, Lucy Bochenek to swap notes from their years of experience supporting employers and individuals following serious workplace incidents. The team reflect on the issues and decisions that really matter in the days, weeks and months following an incident: • What happens next, preparing for the long haul • Navigating the regulator’s investigation • Supporting impacted workers and families • Preparing for the legal, commercial and reputational challenges and surprises • Supporting directors, officers and leadership We hope these insights are valuable, and we really look forward to bringing you future editions of our Safety Leadership Series in 2023.

In this episode, Tim Stutt and Mel Debenham are joined by Jacqui Wootton, disputes partner and co-head of HSF’s Australian corporate crime and investigations practice. In our second episode unpacking HSF’s report on Unlocking ESG Investment in Australia, we are firmly focussed on the “S”, a key issue emerging from our survey of more than 100 business leaders on accelerating investment in ESG outcomes. 80% of respondents say they have reviewed or plan to review their ESG policies and operations, with modern slavery in particular one of the issues most identified. Jacqui shares her thoughts on the challenges ahead for companies in not only meeting rising reporting and regulatory expectations, but how they are measuring whether their approaches are effective and driving positive change. Read our report here: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/4?utm_source=podcast&utm_medium=podcast&utm_campaign=third-wheel

In this podcast, Damian Grave, Gregg Rowan and Maura McIntosh discuss the evolving landscape for class actions in England and Wales. The presenters are the general editors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the first in a new series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at particular topics of interest relating to class actions or areas where we expect to see growth.

In this episode we again change pace from looking at industrial relations reform, and instead explore the practical problems employers are facing in getting enterprise agreements approved. Wendy Fauvel joins Rohan Doyle and takes us through the top six issues we are seeing of late with enterprise agreement approval applications and the process more generally. They also highlight the importance of clarity in the drafting of enterprise agreements given the risk of payroll compliance issues. This will be an area to watch, as it may also be impacted by the impending Secure Jobs, Better Pay reforms.

In this 16th episode of our series of commercial litigation update podcasts, we look at a couple of recent decisions relating to privilege, two interesting Court of Appeal decisions on good faith and force majeure respectively, and finally we discuss the recent Supreme Court decision in the BTI v Sequana case, which clarifies when directors owe obligations to consider the interests of creditors. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Richard Mendoza, a senior associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege https://hsfnotes.com/litigation/2022/11/18/court-of-appeal-confirms-identity-of-those-instructing-lawyers-not-generally-protected-by-litigation-privilege/ • No privilege for original version of document simply because comparison to final version would reveal legal advice https://hsfnotes.com/litigation/2022/10/06/no-privilege-for-original-version-of-document-simply-because-comparison-to-final-version-would-reveal-legal-advice/ • Contractual duties of good faith: Court of Appeal confirms context is king https://hsfnotes.com/litigation/2022/11/29/contractual-duties-of-good-faith-court-of-appeal-confirms-context-is-king/ • Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to “overcome” force majeure event https://hsfnotes.com/litigation/2022/11/07/force-majeure-court-of-appeal-finds-party-was-required-to-accept-non-contractual-performance-in-exercising-reasonable-endeavours-to-overcome-force-majeure-event/ • Key Supreme Court insolvency ruling clarifies stance on creditor duties https://hsfnotes.com/litigation/2022/10/18/key-supreme-court-insolvency-ruling-clarifies-stance-on-creditor-duties/

In this episode, Mel Debenham and Tim Stutt are back at the wheel to launch HSF’s report on Unlocking ESG Investment in Australia. The report unpacks the findings from our survey of more than 100 business leaders on the size and shape of the ESG investment challenges and opportunities. With the help of expert interviews across industry, the report explored the uncertainty about risk, returns and regulation to be addressed for businesses to adapt at the scale and speed to meet shifting investor and community expectations. This is the first episode in a series that will deep dive on the key report findings: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/1?utm_source=podcast&utm_medium=podcast&utm_campaign=third-wheel

The director's cut of Tony Damian and Andrew Rich's last episode for the year - M&A predictions meet Christmas lights (with a post-credits bonus)!

In this episode of On Just Terms, Jason Betts is joined by Jacob Varghese Chief Executive Officer of Maurice Blackburn Lawyers to discuss the litigious environment relating to social justice causes including their models of funding. Jacob shares his perspectives on the use of class actions to seek access to justice, the regulatory pyramid, group costs orders, and emerging trends including the gig economy, and crypto. They also discuss the legal profession more broadly and the economic realities of a profession remunerated on input rather than value.

In episode 17, Emma and Rebekah are joined by Julie Chiu, a Senior Associate in Herbert Smith Freehills’ London office, to discuss a number of lawsuits playing out in the United States and Europe in relation to patents for Covid-19 vaccines – with so many players involved in developing the vaccines, and given the success of the vaccines, it is not surprising that some disputes have emerged. So who is suing who?

In episode 16, Emma and Rebekah are joined by Andrew Wells from Herbert Smith Freehills’ London office to talk about the role of intellectual property rights in a rapid and fair renewable energy transition. Global players are competing to set increasingly ambitious net-zero emissions targets. Do patents help or hinder the innovations needed to achieve these goals?

In this episode of On Just Terms, Jason Betts is joined by President of the NSW Court of Appeal, the Honourable Justice Julie Ward. Her Honour shares perspectives on efficient management of complex litigation, challenges presented by class action multiplicity, and the evolving nature of legal practice in the post pandemic era. Elevated to the bench from partnership, Justice Ward shares her unique understanding of the interactions between corporate lawyers and the courts - discussing procedural fairness, advocacy and the invaluable nature of mentoring relationships.

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 Elena Kormosh. You can find links to our blogs on the cases covered in this podcast below: • High Court considers application of COBS and Braganza duty to close out of trading account https://hsfnotes.com/bankinglitigation/2022/08/11/high-court-considers-application-of-cobs-and-braganza-duty-to-close-out-of-trading-account/ • High Court grants bank access to customer documentation relating to receivables in securitisation transaction https://hsfnotes.com/bankinglitigation/2022/09/01/high-court-grants-bank-access-to-customer-documentation-relating-to-receivables-in-securitisation-transaction/ • Court of Appeal upholds summary judgment for rent accrued during Covid closures of commercial premises, rejecting arguments based on implied terms and “failure of basis” https://hsfnotes.com/bankinglitigation/2022/09/01/court-of-appeal-upholds-summary-judgment-for-rent-accrued-during-covid-closures-of-commercial-premises-rejecting-arguments-based-on-implied-terms-and-failure-of-basis/ • FCA confirms final rules for new Consumer Duty https://hsfnotes.com/bankinglitigation/2022/07/28/fca-confirms-final-rules-for-new-consumer-duty/ • Indemnity costs awarded against party who dismissed complaints about witness statement non-compliance as “nit-picking” https://hsfnotes.com/litigation/2022/09/27/indemnity-costs-awarded-against-party-who-dismissed-complaints-about-witness-statement-non-compliance-as-nit-picking/ • Russian sovereign debt defaults: a disputes perspective https://hsfnotes.com/bankinglitigation/2022/09/30/russian-sovereign-debt-defaults-a-disputes-perspective/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/ Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Elena Kormosh (Senior Associate)

In the first episode of our new Chinese language podcast, Gerald Leong (a Senior Associate in our Arbitration practice in London) and Alizee Zhang (a Senior Associate in our Corporate practice in Shanghai) discuss the key sources of English law and some points of comparison with PRC law. The series will focus on the importance of the UK-China investment corridor and introduce our China-based clients to the key commercial and legal issues in investing in the UK market. 在这个系列节目中，本所律师将对英格兰法律的不同领域进行简短介绍和讨论，希望能够帮助大家了解自身在英格兰法律下的权利和义务，并在考虑进入英国市场或选择英格兰法律作为合同管辖法的时候能够更好地作出决定。 Detailed materials (Chinese language) : https://sites-herbertsmithfreehills.vuturevx.com/20/27465/landing-pages/wechat-contact-2.pdf Speakers: Gerald Leong, Senior Associate, International Arbitration, London and Alizee Zhang, Senior Associate, Corporate, Shanghai

In this episode of On Just Terms, Jason Betts is joined by Cain Jackson Partner of Wotton Kearney and Paul O'Brien Director of YPOL. Together they discuss the growth in class actions and its impact on insurance markets, as well as the ESG exposures shaping the next chapter of risk. From the impact of litigation trends on insurance markets, through reconciling individual stakeholder interests, and how consideration of corporate culture may be being overshadowed by climate concerns – this conversation explores what’s keeping directors awake.

In the first episode of our new investigations podcast series, join Robert Hunt, Elizabeth Head and Eamon McCarthy-Keen who offer an insight into what this series will cover, the key steps in an investigation, initial considerations, the typical challenges associated with investigation scoping and immediate priorities once an investigation is underway. If you have any questions, please do not hesitate to contact the team.

In this episode of our public M&A podcast series, we discuss the Takeover Panel’s recent consultation paper (PCP 2022/2) on the definition of ‘acting in concert’, in particular the Panel’s proposed approach to: • groups of companies; • investment trusts; and • other investment entities. It is important for affected entities to understand the impact of the proposed rule changes, even if they do not intend to undertake any public M&A.

Tony Damian and Andrew Rich chat about all things M&A on "Himalayan Bites". First up, To Scheme or Not to Scheme? Things to consider as you contemplate your next public M&A adventure.

In the second outing of Himalayan Bites, Tony Damian and Andrew Rich survey the big issues in pre-bid stakes.

In this episode we take a break from industrial relations reform and instead share insights on the enterprise bargaining environment in Australia. Rohan Doyle and Anthony Wood discuss what employers are currently seeing at the bargaining table, including some interesting statistics on what is quite a unique bargaining environment.

Southeast Asia is said to be one of the fastest growing and one of the most active regions for tech deals in the world, so in this episode we’ll be taking a whistle stop tour around the region to talk about some of the key recent trends in tech transactions. Join our host, Malika Chandrasegaran, Corporate M&A Partner, with special guests Vik Tang, Partner and Head of Corporate in our associated Indonesian law firm Hiswara Bunjamin & Tandjung, and Victor Chiew, Director at our associated Singapore law firm Prolegis, as they discuss digital infrastructure, an increase in M&A deals and cloud hosting, tech companies acquiring banks in Indonesia, and how regulators are keeping up with the changing landscape.

Join Malika Chandrasegaran, Partner and Mia Harrison-Kelf, Senior Associate as they kick off our new podcast series which will explore the who, the what, and the why of tech deals across the Asia-Pacific region.

In this episode of On Just Terms Jason Betts is joined by two of Herbert Smith Freehills partners, Aoife Xuereb and Bryony Adams, to discuss emerging themes in the litigation and regulatory contexts, perspectives on product liability and Anti-Money Laundering and Counter-Terrorism Financing (AMLCTF), and the meaning of commerciality for litigators. Their discussion covers the observance of overseas trends in ESG, cyber and data considering Australia’s commercial litigation framework’s response, a potential product liability renaissance, the stakeholder equation, the top 5 issues keeping boards awake and alert.

In this third episode in our series, Professor Graeme Cooper and partners Toby Eggleston and Ryan Leslie share insights on the 2022 Federal Budget.

In this episode of On Just Terms, Herbert Smith Freehills Partner Jason Betts is joined by Mark Rigotti Managing Director and CEO of the Australian Institute of Company Directors to discuss the changing risk environment for corporate Australia, building climate and cyber capability and the direction of corporate governance. Mark comments on the risk environment, shares insights from the AICD on the agenda for boards, and the changing importance of corporate culture, and change.

In this episode of On Just Terms, Herbert Smith Freehills Partner Jason Betts is joined by Non Executive Director of numerous Australian listed entities Arlene Tansey to discuss how Australian corporations are navigating the complexity of their litigation and regulatory environments. Their discussion covers how listed entities approach corporate governance, the changing risk environment from re-emergence of royal commissions to continued growth in class actions, increasingly proactive corporate regulators, and corporate governance risk in an environment of increased shareholder activism.

In the latest podcast from Herbert Smith Freehills’ pension team, Tim Smith, Professional Support Consultant, is joined by Jon Forsyth, Partner and Actuary at LCP, to discuss the Government's proposals regarding the need for defined benefit (DB) schemes to implement a long-term funding and investment strategy. In particular, Tim and Jon discuss: • the likely impact of the Government's proposals on DB schemes and sponsors • whether the proposed 'one size fits all' approach is appropriate, and • the changes that ought to be made to the draft Regulations before they are finalised. For a more detailed analysis of the impact of the proposed changes to the funding regime for DB schemes, read LCP's recent paper on this - https://www.lcp.uk.com/media-centre/2022/10/on-point-paper-missing-the-target-how-over-rigid-pension-scheme-funding-proposals-could-have-unwelcome-consequences/. To receive future podcasts direct to your inbox subscribe hsfnotes.com/pensions/subscribe/ to our UK pensions blog hsfnotes.com/pensions/. To view our other pensions podcasts, including the other podcasts in this series, click here www.hsfnotes.com/pensions/?m=podcasts Contacts If you would like to discuss any of the topics covered in this podcast, please speak to your usual HSF adviser or contact one of our specialists.

Today we talk with Heimen Visser, Head of Sustainable Cities and Fund Manager at Primevest Capital Partners, a pan-European investment boutique that specialises in investments in innovative real assets. Heimen is leading the charge in PPPs and net zero city projects with the development of smart street light projects across various cities in the Netherlands. Tune in for some golden insight on some of the pain points of developing PPPs and on how to approach municipalities as a private financier looking to work on net zero city projects with municipalities. Speakers: James Rae, Associate, Herbert Smith Freehills and Heimen Visser, Head of Sustainable Cities and Fund Manager, Primevest Capital Partners (www.smartcitynederland.com and www.primevestcp.com)

In our second episode of Inside IR, partners Rohan Doyle and Natalie Gaspar continue their breakdown of the action items arising from the Federal Government’s Jobs and Skills Summit. We look at the proposed Same Job, Same Pay reforms, proposals to limit the use of non-permanent labour, and proposals to increase the proportion of employees covered by enterprise agreements. We also provide an update on the status of enterprise agreement terminations and multi-enterprise bargaining.

In this episode of our public M&A podcast series, we talk about 'securities exchange' or 'share for share' offers and what is different about them. We look in particular at why we expect to see more of them and the additional rules that apply, including: • the rules on reverse takeovers both under the Takeover Code and under the Listing Rules • when a prospectus is required and • other disclosure requirements that are likely to be relevant on a share for share offer. Speakers: Antonia Kirkby, Professional Support Consultant and Heidi Gallagher, Partner

Join our expert panel of Peter Holloway, Anne Hoffmann and Priscilla Bourne as they discuss the myriad considerations to make as an insurance policyholder when it comes to managing class action defence costs.

Investment activity in Indonesia has seen a significant 30% increase at the start of 2022, revealing the confidence among domestic and foreign investors in Indonesia’s potential. We have collaborated with our associated Indonesian law firm Hiswara Bunjamin & Tandjung for our fourth episode. Our host Stephanie, Corporate M&A Partner and managing partner Tjahjadi Bunjamin, both at Hiswara Bunjamin & Tandjung speaks with special guest Stefanus Ade Hadiwidjaja – Chief Investment Officer at Indonesia Investment Authority (INA) about the trend of M&A across a number of key sectors in Indonesia including infrastructure, digital economy, healthcare and more. Learn more about the opportunities present for private capital players, current key sectors that are in focus and the outlook of M&A in the vibrant Indonesian market through their conversations. For more practical insights on the latest economic and regulatory developments impacting transactions and projects in Indonesia, be sure to attend our quarterly focus Indonesia seminar in Singapore. Contact Richard Pedler for details.

In the latest podcast from Herbert Smith Freehills’ pension team, Mark Howard, Of Counsel is joined by Prashant Mehta, Business Development Manager at Just. In their conversation, Mark and Prash cover: • Top three tips for Trustees and Employers looking to enter into a Bulk Purchase Annuity; • What Just does to help schemes get ready to transact; and • What developments Prash has seen in the market over the last 10 years. To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts, including the other podcasts in this series, click here http://www.hsfnotes.com/pensions/?m=podcasts Contacts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

In this 15th episode of our series of commercial litigation update podcasts, we look at some recent or upcoming developments relating to disclosure, jurisdiction and the new Chancery Guide, decisions relating to privilege and the application of the without prejudice rule, and the impact of the UK sanctions regime on proceedings in the English court involving sanctioned Russian parties. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Alexander Gridasov, a senior associate (Russia). Below you can find links to our blog posts on the developments and cases covered in this podcast. • Disclosure Pilot Scheme to take effect as permanent new Practice Direction from 1 October 2022, with no substantial changes https://hsfnotes.com/litigation/2022/08/31/disclosure-pilot-scheme-to-take-effect-as-permanent-new-practice-direction-from-1-october-2022-with-no-substantial-changes/ • Expansion of jurisdiction gateways coming soon http://disputeresolutionblog.practicallaw.com/expansion-of-jurisdiction-gateways-coming-soon/ • 2019 Hague Judgments Convention comes into force in September 2023 but (for now) only between EU and Ukraine https://hsfnotes.com/litigation/2022/09/06/2019-hague-judgments-convention-comes-into-force-in-september-2023-but-for-now-only-between-eu-and-ukraine/ • New edition of Chancery Guide in force https://hsfnotes.com/litigation/2022/09/01/new-edition-of-chancery-guide-in-force/ • High Court refuses injunction to prevent use of privileged material disclosed in error, where it revealed potential serious breach of court guidance https://hsfnotes.com/litigation/2022/09/05/high-court-refuses-injunction-to-prevent-use-of-privileged-material-disclosed-in-error-where-it-revealed-potential-serious-breach-of-court-guidance/ • Competition Appeal Tribunal considers when there is a dispute sufficient to give rise to without prejudice privilege https://hsfnotes.com/litigation/2022/07/12/competition-appeal-tribunal-considers-when-there-is-a-dispute-sufficient-to-give-rise-to-without-prejudice-privilege/ • Navigating UK sanctions against Russian persons in English court proceedings https://hsfnotes.com/litigation/2022/09/21/navigating-uk-sanctions-against-russian-persons-in-english-court-proceedings/

Today we talk with Asen Charliyski, head of Sustainable Cities at Bankers Without Boundaries, an investment bank with a fresh approach to its services with innovative experience in climate city contracts and climate investment plans. Asen has unique experience in the cities, sustainability and blended finance universe. It was great to be able to exchange ideas on what is next for financing the transition to net zero cities.

In this episode, our Employment, Industrial Relations and Safety team take the wheel, with Nerida Jessup and Drew Pearson hosting special guest, Professor Brock Bastian, School of Psychological Sciences, University of Melbourne. They build upon an earlier episode (#14) and the concept that good work is good for people, by delving into some of the strategies that give people the capacity to respond to difficult experiences and navigate conflict, maintain positive relationships and build effective workplace cultures. Listen to episode 14 here: https://soundcloud.com/herbert-smith-freehills/the-third-wheel-podcast-esg-in-australia-episode-14?in=herbert-smith-freehills/sets/the-third-wheel-podcast-esg-in

In our very first episode of Inside IR, partners Rohan Doyle and Natalie Gaspar begin their deep dive into the Federal Government's recent Jobs & Skills Summit. We look at some of the key areas of focus coming out of the Summit, namely the proposal to limit the ability of employers to terminate enterprise agreements during enterprise bargaining, and the potential for forced multi-employer bargaining and sector-wide industrial action campaigns. Rohan and Nat explore the practical impact these potential reforms might have on Australian workplaces and the issues to consider during the post-Summit consultation phase.

Herbert Smith Freehills Partners Silke Goldberg, Melanie Debenham and Huneiza Goolam chat to Senior Associate Michael Bidwell about the ESG trends they are seeing in Europe, Australia and South Africa.

In this episode, our Employment, Industrial Relations and Safety team take the wheel again, with Nerida Jessup hosting special guests Anna Creegan and Lucy Boyd. Nerida, Anna and Lucy have a conversation around how organisations are responding to the increased community and shareholder expectations on transparency around sexual harassment and other workplace conduct issues. Together they look at the key drivers of this change including how the increased focus of safety regulators on sexual harassment has changed approaches to reporting, as well as the scrutiny around the use of non-disclosure agreements.

In the latest podcast from Herbert Smith Freehills’ pension team, Rachel Pinto, Partner, is joined by Richard Priestley, Managing Director of the Canada Life Insurance Division and Helen Hallam, Lead Counsel for Insurance at Canada Life. In their conversation, Rachel, Richard and Helen cover: • Recent market conditions and affordability of bulk annuity transactions • What practical steps trustees can take to increase their chances of being able to execute transactions quickly • Given the unprecedented nature of Covid, how are insurers likely to respond to the mortality experience of 2020 and 2021? • The role of "Requested Contractual Terms" ("RCT"s) in the bulk annuity quotation process and how RCTs can best be used by trustees. To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts, including the other podcasts in this series, click here http://www.hsfnotes.com/pensions/?m=podcasts Contacts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

Our Designated and Bettor’s Verdict podcasts hosts, Jonathan Cross and Steve Jacobs, come together to discuss OFAC’s recent sanctions on Tornado Cash, a crypto blender running through smart contracts on the Ethereum blockchain, and a recent lawsuit to block these sanctions. Jonathan and Steve discuss the traditional reach of sanctions power, and whether that power can be applied to open-source software.

In this episode Professor Graeme Cooper and partner Toby Eggleston dissect the Treasury Consultation Paper on Multinational tax integrity and enhanced tax transparency. More details can be found on blog here: https://hsfnotes.com/taxaustralia/2022/08/15/tax-insight-treasury-consultation-paper-international-tax-measures/

Laura Bowlt and Kate Bower discuss Stage 1 of the new Building and Construction Industry (Security of Payment) Act 2021 (SOPA) (WA), as well as providing some practical tips on ensuring your contracts are SOPA ready, and the importance of responding to payment claims on time. The first stage of SOPA brings in shorter payment timeframes, as well as bringing in measures to improve fairness in contracting and a new rapid adjudication system. They explain the gradual implementation of SOPA, and why mining and energy companies who may have been excluded from the Construction Contracts Act 2004 (WA) should consider whether new works will be captured by SOPA. Authors: Laura Bowlt and Kate Bower

Demand for digital infrastructure has surged drastically in recent years, particularly in the emerging markets, driven by rapid digital adoption in Asia. Digital infrastructure deals worth over US$30 billion were announced in Southeast Asia in 2021, and this trend has continued across different digital infrastructure asset classes throughout 2022. In our third episode of INside Asia M&A, host and Senior Corporate law Specialist Cynthia Ng invites Wilson Chung, Principal at DigitalBridge Investment Management, and Mark Robinson, our TMT sector lead partner to discuss trends on digital infrastructure around the Asia Pacific regions. Together, they answer fundamental questions, including what impact global geopolitical and macroeconomic issues have on digital infrastructure M&A, changes in ownership of asset classes, whether ESG plays a role in driving digital infrastructure M&A, key issues and the future outlook for digital infrastructure M&A across APAC. Visit our series here: https://www.herbertsmithfreehills.com/insight/inside-asia-ma-podcast

The latest edition of our Regulation in Focus podcast series features Jenny Andrews, an Of Counsel in our Employment team and Charles McGrath, a Senior Associate in our contentious FSR practice in London. Jenny and Charles remind listeners about the statutory and regulatory whistleblowing framework in the UK before summarising some interesting recent case law developments and the key issues coming out of them that financial services firms need to be aware of. The discussion is moderated by Cat Dankos, the Regulatory Consultant in our London FSR practice.

Our second ‘Safety Leadership Series’ webinar for 2022 looked at work health and safety reform across Australia. Partners Steve Bell, Aaron Anderson, Olga Klimczak and special counsel Lucy Bochenek discussed the findings from the Enough is Enough report on sexual harassment in the FIFO mining industry, including the broader WHS implications and related reform in other jurisdictions, such as the Victorian Government’s response to recommendations of the Ministerial Taskforce on Workplace Sexual Harassment.

Russian Investment Restrictions Implemented in Response to the Crisis in Ukraine In this mini-series, we discuss the recent sanctions measures implemented in the U.S., E.U., and U.K. as a response to the crisis in Ukraine. In this episode, Jonathan Cross, Susannah Cogman, and Brittany Crosby-Banyai focus on the recent sanctions measures that impact Russian investments. We will continue to monitor developments in this area, and encourage you to subscribe to be kept informed of latest developments. Please contact the authors or your usual Herbert Smith Freehills contacts for more information.

Join class actions partners Liz Poulos, Harry Edwards and Ruth Overington as they discuss the implications of threatened class actions and current trends, and consider different funding models and other key drivers affecting a claim being filed.

Melanie Debenham is joined by Anél Joubert, ESG Manager and Jeremy McManus, GM Commercial and Investor Relations from Neometals, an emerging and sustainable producer of battery minerals. Anél and Jeremy discuss the prominence of ESG in their own roles and across Neometals’ markets and operations in Australia and Europe. They discuss the global and local transition to clean energy and energy storage spanning the battery and electric vehicle value chains.

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 Catherine Bagge. You can find links to our blogs on the cases covered in this podcast below: • High Court finds no unfairness in bank’s restructuring of loan arrangements https://hsfnotes.com/bankinglitigation/2022/06/29/high-court-finds-no-unfairness-in-banks-restructuring-of-loan-arrangements/ • High Court considers receiving bank’s liability in context of APP fraud https://hsfnotes.com/bankinglitigation/2022/06/27/high-court-considers-receiving-banks-liability-in-context-of-app-fraud/ • High Court grants freezing injunction in relation to stolen non-fungible tokens (NFTs) https://hsfnotes.com/litigation/2022/07/07/high-court-grants-freezing-injunction-in-relation-to-stolen-non-fungible-tokens-nfts/ • High Court finds identity of those giving instructions to lawyers not protected by litigation privilege https://hsfnotes.com/litigation/2022/06/21/high-court-finds-identity-of-those-giving-instructions-to-lawyers-not-protected-by-litigation-privilege/ • Party penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57AC https://hsfnotes.com/litigation/2022/06/24/party-penalised-in-costs-for-disproportionate-application-to-strike-out-witness-evidence-for-non-compliance-with-pd-57ac/ • English court judgment enforced in China for the first time following landmark policy announcement https://hsfnotes.com/litigation/2022/06/13/english-court-judgment-enforced-in-china-for-the-first-time-following-landmark-policy-announcement/ • High Court considers when recast Brussels Regulation continues to apply in transitional cases https://hsfnotes.com/litigation/2022/07/07/high-court-considers-when-recast-brussels-regulation-continues-to-apply-in-transitional-cases/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

In episode 15, Emma and Rebekah discuss the new advertising code administered by the Therapeutic Goods Administration, and in particular its regulation of advertising in social media.

In the first episode of our Tax Bites podcast series, Stamp duty partner Jinny Chaimungkalanont enlightens tax partner Toby Eggleston on all the happenings in the world of stamp duty.

Cathy Liu shares some recommendations for brands doing business in China following the latest online promotion and advertising trends, beginning with tightening regulation of the booming livestreaming and KOLs (influencers) industry, underlining the importance of honest representation (including account profile, audience comments and video settings) and a crack-down on false claims in advertising. Geopolitical tensions and related social media boycotts are also playing an increasing role in the enforcement of Advertising Law with regulators investigating brands for undermining Chinese national dignity and interests.

Tim Stutt and Kathryn Pacey are joined by Dr Chris Greig, Princeton University to discuss the energy transition, industry decarbonisation, technology and investment. Dr Greig shares the origin story and highlights of Net-Zero America, the research project that not only quantifies but visually displays five distinct technological pathways, using known technologies, by which the United States could decarbonize its entire economy by 2050. He breaks down the four make-or-break critical issues for energy transition: (1) the unprecedented speed and scale of infrastructure to be built; (2) a flow of risk capital never seen before; (3) maintaining the social contract with communities; and (4) major workforce mobilisation and a just transition for workers. Dr Greig underlines the importance of Australia’s strong ambition and domestic emissions targets to achieve speed and scale. As for achieving net zero and becoming a major exporter of low emission energy - you won’t have to wait long for the Net-Zero Australia study findings to be released in August 2022. To participate in HSF’s survey on unlocking ESG investment in Australia and gain access to exclusive insights email ESG.tracker@hsf.com. Net-Zero America: https://netzeroamerica.princeton.edu/?explorer=year&state=national&table=2020&limit=200 Net-Zero Australia: https://acee.princeton.edu/rapidswitch/projects/net-zero-australia/

In this latest podcast from the Herbert Smith Freehills' pension team, Professional Support Consultant, Tim Smith is joined by Dan Saunders, a Senior Associate in our pension disputes team. In this episode, Dan considers: • the scope of trustees potential liability if they are found to have committed a breach of trust; • the protections available to trustees in this scenario, including the effect of exoneration clauses, indemnities and insurance; • whether the recent decision in the USS case opens the door for more claims to be brought against directors of a corporate trustee in their personal capacity; and • how trustees can check what protections they have in place under their scheme. To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/ To view our other pensions podcasts, including the other podcasts in this series, click here: http://www.hsfnotes.com/pensions/?m=podcasts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

Cameron Whittfield and Peggy Chow discuss the latest cybersecurity trends for consumer-facing companies including external threats which may include working with third parties and complex supply chains through to the malicious targeting of companies with ransomware, current affairs and social engineering, the cryptocurrency marketplace and geopolitical factors. They emphasise the importance of internal stakeholders speaking the same language when it comes to the intersection of technology and legal risks – and the oversight now expected of board members. The complexity of cybersecurity breach notifications and assessment is also covered in the context of differing requirements of regulators and across jurisdictions.

This podcast series features HSF practitioners discussing hot topics and live issues in the field of public procurement. In this latest episode, Tim Briggs and Adrian Brown discuss the UK Procurement Bill, which was recently introduced into Parliament, including the Bill's important proposals for simplifying contract award procedures and increasing transparency in public-sector purchasing. Speakers: Tim Briggs, Partner (Competition, Regulation and Trade) and Adrian Brown, Consultant (Competition, Regulation and Trade)

Melanie Debenham and Tim Stutt are joined by Kathryn Pacey to break down an historic election where climate change featured prominently. The first six weeks of a new government have provided much to discuss including the Climate Change Bill to be introduced in the first week of parliament, a review to ensure the integrity of the carbon credit system (and similarly the Safeguard Mechanism), a $20 billion investment in transmission infrastructure and a raft of commitments in relation to green energy technologies. Along with the review of the Environment Protection and Biodiversity Conservation Act, a new environmental regulator and likely greater focus on action to benefit biodiversity.

Our expert panel of Jason Betts, Aoife Xuereb, and Melissa Gladstone-Joyce discuss what a new government means for the class action landscape, and revisit their 2022 predictions by sharing key developments on issues such as class closure and the award of contingency fees.

In this episode of our Public Law Podcast series, we discuss the Government's new Bill of Rights Bill. Don’t forget to subscribe to the channel to receive updates on future episodes.

Fatim Jumabhoy and Shivchand Jhinku focus their predictions on four key areas, particularly as consumer companies grapple with their post-covid positions, including managing employee wellbeing, return to work issues, increasing bullying and harassment claims and the rise in employee activism. They note some surprising trends and research outcomes, including the interdependency between each of the issues to be managed.

In recognition of NAIDOC Week 2022, Mel is joined by First Nations colleagues Gemma McKinnon and Kishaya Delaney for a timely discussion, given Australia’s evolving political landscape and new government following the federal election, about the Uluru Statement from the Heart and the important progress we might expect. They explain its origin, how a First Nations Voice to Parliament could be enshrined in the constitution and the proposed Makarrata Commission to oversee the process of treaty-making and truth-telling.

Melbourne senior associate, Philip Aitken, is joined by Marcel Nuys, Partner our competition team in Dusseldorf and Sakurayuki, M&A partner at our associate firm Hiswara Bunjamin & Tandjung to discuss the complex and evolving interaction between competition law and ESG collaborations. The panel discusses the approaches taken by competition authorities in Europe, Asia and Australia to this complex issue.

Senior associate Howard Chan discusses competition law enforcement in the pharmaceutical sector with Frances Xu and Hazel Xu of our joint legal operation partner Kewei Law Firm, comparing the key areas of focus for competition law regulators in China and around the world.

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 Tom Wyer. You can find links to our blogs on the cases covered in this podcast below: • High Court dismisses Quincecare duty claim giving guidance on the scope and nature of the duty https://hsfnotes.com/bankinglitigation/2022/06/23/high-court-dismisses-quincecare-duty-claim-giving-guidance-on-the-scope-and-nature-of-the-duty/ • Privy Council confirms that Quincecare duty is limited to protecting customers and does not extend to protect third parties https://hsfnotes.com/bankinglitigation/2022/05/23/privy-council-confirms-that-quincecare-duty-is-limited-to-protecting-customers-and-does-not-extend-to-protect-third-parties/ • How to navigate the Autonomy judgment: guidance for corporate issuers defending Section 90A / Schedule 10A FSMA shareholder claims https://hsfnotes.com/bankinglitigation/2022/06/09/how-to-navigate-the-autonomy-judgment-guidance-for-corporate-issuers-defending-section-90a-schedule-10a-fsma-shareholder-claims/ • High Court clarifies meaning of “PDMR” in s.90A FSMA claims https://hsfnotes.com/bankinglitigation/2022/05/30/high-court-clarifies-meaning-of-pdmr-in-s-90a-fsma-claims/ • Freezing orders brought onto the blockchain and service of proceedings via NFTs https://hsfnotes.com/litigation/2022/06/20/freezing-orders-brought-onto-the-blockchain-and-service-of-proceedings-via-nfts/ • High Court decision suggests party alleging witness statement fails to comply with PD 57AC must identify specific failures https://hsfnotes.com/litigation/2022/06/06/high-court-decision-suggests-party-alleging-witness-statement-fails-to-comply-with-pd-57ac-must-identify-specific-failures/ • Article published – Expansion of jurisdiction gateways coming soon https://hsfnotes.com/litigation/2022/06/21/article-published-expansion-of-jurisdiction-gateways-coming-soon/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/ Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Tom Wyer (Associate)

Asia Head of Competition Adelaide Luke and Tokyo senior associate Joel Rheuben discuss recent enforcement practice by competition authorities in labour markets, including in particular practices such as wage fixing and "non-poach" agreements between employers, as well as non-compete provisions in employee contracts. Companies should ensure that their compliance efforts extend to labour markets as much as to markets for goods and services.

Asset Confiscation Under Russian Sanctions: An Update In this mini-series, Jonathan Cross, Dr. Marius Boewe, and Susannah Cogman focus on recent confiscations and seizures implemented in the US, EU, and UK in responses to the crisis in Ukraine. We will continue to monitor developments in this area, and encourage you to subscribe to be kept informed of latest developments. Speakers: Jonathan Cross, Partner, New York, Dr. Marius Boewe, Partner, Dusseldorf, Susannah Cogman, Partner, London Moderated by Kelechi E. Okengwu, Associate, New York

In this episode of our Private Wealth & Charities podcast series Richard Norridge and Hussein Mithani talk to Richard Honey QC about his role as a charity trustee, the challenges faced by running a charity which supports an overseas university, and what is on the horizon for the charity. Richard Honey QC also explains what resources he uses to get to grips with charity law rules. Part 2 of 2 Speakers: Richard Norridge https://www.herbertsmithfreehills.com/our-people/richard-norridge, Hussein Mithani https://www.herbertsmithfreehills.com/our-people/hussein-mithani and Richard Honey QC

In episode 14, Emma and Rebekah discuss the increasing regulatory scrutiny and expected standards of conduct to prevent ‘greenwashing’ in the promotion of products to consumers both in Australia and overseas.

In our Herbert Smith Freehills "on the horizon" podcast, we discuss the material developments in corporate law and regulation we expect to see in the next 6 - 12 months which will be of interest to listed companies. In this episode we talk about: • new reporting requirements around climate change and diversity • Companies House reform • the latest on the audit and corporate governance reforms • the proposals to reshape the listing regime and • the latest on the prospectus regime and secondary capital raisings by listed companies.

In this 14th episode of our series of commercial litigation update podcasts, we look at the most recent decisions on trial witness statements, a decision on what parties can do when they have received a draft judgment under embargo, upcoming changes to the circumstances in which proceedings can be served on parties outside the jurisdiction and a recent decision on consequential losses. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Ramyaa Veerabathran, an associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court decision suggests party alleging witness statement fails to comply with PD 57AC must identify specific failures https://hsfnotes.com/litigation/2022/06/06/high-court-decision-suggests-party-alleging-witness-statement-fails-to-comply-with-pd-57ac-must-identify-specific-failures/ • Party penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57AC https://hsfnotes.com/litigation/2022/06/24/party-penalised-in-costs-for-disproportionate-application-to-strike-out-witness-evidence-for-non-compliance-with-pd-57ac/ • Another decision showing what parties can – and cannot – do when they receive a draft judgment under embargo https://hsfnotes.com/litigation/2022/05/17/another-decision-showing-what-parties-can-and-cannot-do-when-they-receive-a-draft-judgment-under-embargo/ • Expansion of jurisdiction gateways coming soon http://disputeresolutionblog.practicallaw.com/expansion-of-jurisdiction-gateways-coming-soon/ • Court of Appeal finds claim for wasted expenditure not excluded by clause excluding consequential losses https://hsfnotes.com/litigation/2022/05/26/court-of-appeal-finds-claim-for-wasted-expenditure-not-excluded-by-clause-excluding-consequential-losses/

Julian Lincoln and Susannah Wilkinson explain the fundamentals of buying, selling and issuing Non-Fungible Tokens (NFTs) to reach new consumers and marketplaces - describing NFTs as the “digital bridge" between traditional physical products and the metaverse. They outline some of the important legal aspects (e.g. IP rights, consumer protection and financial services regulation) to consider in issuing NFTs, alongside the equally important platform and technology aspects.

Focusing on merger control in the EU and UK, Marcel Nuys (Partner, Dusseldorf), Francesca Morra (Partner, Milan), Peter Rowland (Of Counsel, Brussels) and Natalia Rodriguez (Of Counsel, London) explore key developments of interest to businesses engaged in M&A activity. They discuss updates to the European Commission's substantive and procedural guidance in respect of mergers, including the controversial ability to accept referrals from individual Member States of transactions that do not meet jurisdictional thresholds for review, and parallel national developments; the extent to which UK merger control practice has diverged from that of the European Commission post-Brexit; and developments on merger control in the digital sector.

In this episode of our Private Wealth & Charities podcast series Richard Norridge and Hussein Mithani talk to Richard Honey QC about his professional career as a barrister, village green disputes, and how he became involved in running a charity which supports a university in Sierra Leone. Part 1 of 2 Speakers: Richard Norridge https://www.herbertsmithfreehills.com/our-people/richard-norridge, Hussein Mithani https://www.herbertsmithfreehills.com/our-people/hussein-mithani and Richard Honey QC

M&A activity in India in the first quarter of 2022 reached a four-year record high of US$30.3 billion dollars in activity. Investment is being driven to India by geopolitical headwinds, and by the country's many policy developments in recent years. The innovation and scale of the market's micro economies also make it an increasingly attractive destination for private capital players focussed on Asia. In our second episode of INside Asia M&A, we discuss the current state of India's M&A and private capital markets. Host and corporate partner specialising in private capital Jamie McLaren is joined by special guest Pratibha Jain, General Counsel and Head of Corporate Affairs at Everstone Capital, and London partner and cross-border M&A specialist Siddhartha Shukla. Together they review: the hottest sectors in India right now; recent trends in transformation, valuation and exits; and consider the structuring and lending nuances needed for a successful transaction. Visit our series here: https://www.herbertsmithfreehills.com/latest-thinking/inside-asia-ma

Emma Iles and Rebekah Gay discuss the increasing focus on environmental claims in the promotion of consumer goods and the rise in activities by regulators aimed at preventing consumers form being misled. Against this background, Emma and Rebekah share their insights on the emerging risks for businesses. Visit our series: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

Nanda Lau and Gavin Guo outline the economic headwinds redefining business and life for consumers in China with geopolitical tensions, supply chain disruption, business transformation, digitalisation, decarbonisation and ESG issues driving recent legal and regulatory reform, particularly with regard to investment and M&A, competition law, data protection/cybersecurity, regulatory and IP protection. Investment activity in the consumer sector remains resilient, as China underlines it is open for business with a raft of measures to attract and retain foreign investment. Visit our series: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

Cellia Cognard and Stephanie set the social commerce scene before discussing regulatory considerations for building brands and driving sales including the various regulations specific to advertising products in Indonesia. They cover “negative content”, the significant role of influencers and data protection issues - noting some of the key regulatory gaps to monitor in this rapidly developing digital economy. Visit our series: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

In the latest podcast from Herbert Smith Freehills’ pension team, Rachel Pinto, Partner, is joined by Simon Bramwell, Partner and Head of Longevity Risk Transactions at Barnett Waddingham and Matt Wilmington, Head of Origination – Bulk Annuities at Scottish Widows. In their conversation, Rachel, Simon and Matt cover: • The preparations that schemes need to make before approaching the insurance market; • the reasons why insurers need certain information from schemes at an early stage in the quotation process; • how insurers "triage" schemes in a busy market; and • the practical challenges that schemes can encounter when trying to respond quickly to pricing moving in their favour. To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts, including the other podcasts in this series, click here http://www.hsfnotes.com/pensions/?m=podcasts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

In this episode of our Private Wealth & Charities podcast series, Richard Norridge, Jade Hu and Parveen Bird from The Big Issue continue with their discussion about The Big Issue group, including some of the challenges their organisation faces and their plans on the horizon. This episode is part 2 of 2 of our conversation with Parveen. Speakers: Richard Norridge (https://www.herbertsmithfreehills.com/our-people/richard-norridge), Jade Hu (https://www.herbertsmithfreehills.com/our-people/jade-hu), and Parveen Bird, The Big Issue

Dana Kim (Partner, Seoul) and Aoife Xuereb (Partner, Melbourne) tease out the issues in a hypothetical manufacturing scenario with an international supply chain and both online and in-store sales. They discuss how companies and the courts are grappling with the unique product liability risks arising from increasingly fragmented and complex supply chains as well as the online sale of goods across jurisdictions. Visit our series: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

Adelaide Luke and Patrick Gay discuss common anti-trust pitfalls that arise in distribution systems, including Retail Price Maintenance and exclusivity. They compare and contrast the rules of Australia with some key Asian jurisdictions, highlighting differences that companies need to understand when designing a regional distribution network. They close with a reminder to consider territorial and customer restraints as an anti-trust risk. Visit our series: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

In this episode, Tim invites our disputes team to share climate change and ESG litigation insights. Jojo Fan from our Hong Kong office and Mark Smyth from the Sydney office discuss the rapidly increasing developments globally including greenwashing, inadequate disclosure and challenges for manufacturing and governments. They share their insights on what the future of climate litigation may hold for the consumer sector.

In this episode, our Employment, Industrial Relations and Safety team take the wheel, with Olga Klimczak and Nerida Jessup hosting special guest, David Burroughs, Chief Mental Health Officer at Westpac. It’s an important, and lively, discussion on how organisations are shaping work and workplace culture so that our jobs are ‘good’ for our mental health. David speaks candidly about the issues corporates are grappling with and cautions against feel good programs with high visibility, low impact. For companies getting it right – giving people the opportunity to genuinely thrive - the business case is profound for a strategy that encapsulates performance, productivity and mental health. And in a podcast first, David fact checks our closing remarks – you’ll want to note down ‘psychological agility’!

In this episode of our Private Wealth & Charities podcast series, Richard Norridge, Jade Hu and Parveen Bird from The Big Issue discuss some of the work and history of The Big Issue group; how Parveen became involved; and her roles within the network. This episode is part 1 of 2 of our conversation with Parveen. Speakers: Richard Norridge (https://www.herbertsmithfreehills.com/our-people/richard-norridge), Jade Hu (https://www.herbertsmithfreehills.com/our-people/jade-hu), and Parveen Bird, The Big Issue

In the latest podcast from Herbert Smith Freehills’ pension team, Rachel Pinto, Partner, is joined by Rosie Fantom, Partner at Barnett Waddingham and Uzma Nazir, Head of Origination Structuring at Pension Insurance Corporation. They discuss small to medium sized schemes and how these schemes can best prepare for transactions. In their conversation, Rachel, Rosie and Uzma cover: • What size of scheme is considered as small or medium from an insurer's point of view; • Why the size of a scheme is important to an insurer; • What schemes can do in order to appear attractive to insurers; and • The main points to focus on when preparing for a transaction. To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts, including the other podcasts in this series, click here http://www.hsfnotes.com/pensions/?m=podcasts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

Our panel discuss the 2022 Australian Federal Election, the workplace reform agenda and potential impacts on our clients. Visit our hub: https://www.herbertsmithfreehills.com/latest-thinking/australian-federal-election-workplace-reforms

In this podcast, Tim Smith, Pensions Professional Support Consultant, is joined by Richard Smith, Pension Dashboards Consultant at the Pension & Lifetime Savings Association to discuss the industry's hopes for pension dashboards and what schemes must do to get ready. In particular, he: • explains what dashboards are and what it is hoped they will achieve • highlights key elements of the proposed legal and regulatory framework that schemes need to be aware of • considers the key risks for schemes associated with dashboards, and • outlines what potential dashboard providers are doing to get ready for launch. To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts, including the other podcasts in this series, click here http://www.hsfnotes.com/pensions/?m=podcasts. If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

In episode 13, Emma and Rebekah are joined by Sebastian Moore, a partner in Herbert Smith Freehills’ London & Milan offices, to discuss Europe’s new Unified Patent Court and unitary patents.

In the latest podcast from Herbert Smith Freehills’ pension team, Rachel Pinto, Partner, is joined by Rosie Fantom, Partner at Barnett Waddingham and Matt Richards, Senior Business Development Manager at Standard Life. They discuss the reasons why some schemes may choose to do a series of bulk annuity transactions, rather than a single transaction covering all of the scheme's liabilities. In their conversation, Rachel, Rosie and Matt cover: • Affordability and pricing • Risk profile of scheme's investments • How to get insurers' attention • Data and benefit preparation • How to tranche your scheme's liabilities • Challenges when residual risk cover is requested alongside a tranched approach

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 Wilkie Hollens. You can find links to our blogs on the cases covered in this podcast below: - High Court finds developers did not owe duty to cryptoasset owners to enable access to lost cryptoassets https://hsfnotes.com/bankinglitigation/2022/04/19/high-court-finds-developers-did-not-owe-duty-to-cryptoasset-owners-to-enable-access-to-lost-cryptoassets/ - Court of Appeal finds Quincecare duty is not limited to corporate customers and can (in principle) extend to protecting individuals https://hsfnotes.com/bankinglitigation/2022/03/17/court-of-appeal-finds-quincecare-duty-is-not-limited-to-corporate-customers-and-can-in-principle-extend-to-protecting-individuals/ - Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholders https://hsfnotes.com/bankinglitigation/2021/08/11/privy-council-confirms-that-the-so-called-reflective-loss-principle-applies-to-ex-shareholders/ - High Court orders witness statements to be redrafted due to serious non-compliance with PD 57AC https://hsfnotes.com/litigation/2022/03/14/high-court-orders-witness-statements-to-be-redrafted-due-to-serious-non-compliance-with-pd-57ac/ - High Court orders banks to disclose documents under the Evidence (Proceedings in other Jurisdictions) Act 1975 https://hsfnotes.com/bankinglitigation/2022/03/08/high-court-orders-banks-to-disclose-documents-under-the-evidence-proceedings-in-other-jurisdictions-act-1975/ - Privy Council restatement of the law on freezing and other interim injunctions https://hsfnotes.com/litigation/2022/02/15/privy-council-restatement-of-the-law-on-freezing-and-other-interim-injunctions/ - UK: EAT orders party to disclose tribunal documents to the Press months after hearing https://hsfnotes.com/employment/2022/04/01/uk-eat-orders-party-to-disclose-tribunal-documents-to-the-press-months-after-hearing/ - Biannual Banking Litigation Update (Spring 2022) https://hsfnotes.com/bankinglitigation/2022/04/26/biannual-banking-litigation-update-spring-2022/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/ Please also find the Herbert Smith Freehills legal privilege web app. https://www.herbertsmithfreehills.com/latest-thinking/the-herbert-smith-freehills-legal-privilege-web-app

In our latest podcast we are joined by Tim Leaver, Partner and Dave Palmer, Senior Associate in our Employment team, who are discussing TUPE and why Real Estate sector clients need to consider this in their transactions. The conversation includes: What is TUPE; under what circumstances does it apply and what are the pitfalls in not considering TUPE early in a transaction. Speakers: Sarah Lockwood, Senior Associate, Real Estate; Tim Leaver, Partner, Employment and David Palmer, Senior Associate, Employment

In our first episode of INside Asia M&A, host China corporate head Nanda Lau talks with Tokyo partner Joseph Fisher and Johannesburg ESG and natural resources law specialist Ernst Müller why ESG has become so important to dealmaking in Asia Pacific and how ESG issues are affecting M&A in the region this year. Joe and Ernst share examples of ESG considerations changing the nature of M&A transactions and talk more broadly about the progress of ESG in Asia. Lastly, we take a look at what lies ahead for ESG in the remainder of 2022 and beyond in Asia Pacific. Visit our series here: https://www.herbertsmithfreehills.com/latest-thinking/inside-asia-ma

James Allsop (Tokyo) and Kathryn Sanger (Hong Kong) discuss the key issues arising out of their recent experience of contentious termination and expiry of distribution agreements, including utilising escalation steps in dispute resolution clauses, self-help remedies, interim-measures and brand protection. Visit our series here: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

This month Kristin Stammer spoke with Beck Barnett, General Counsel - Digital and Technology at Seven West Media, one of Australia’s leading media organisations. Beck discusses the progress in relation to gender inclusivity in the tech sector and opportunities to play a role and achieve change, including the importance of AI in reflecting gender diversity.

In this latest podcast from the Herbert Smith Freehills’ pension team, Mark Howard, Of Counsel, discusses the latest developments in the world of ESG with Head of Investment Proposition at Smart Pension, James Lawrence. In their conversation, Mark and James discuss: • How Smart Pension is responding to investment in Russia after the invasion of Ukraine; • How the trustees of the Smart Pension Master Trust are preparing for TCFD reporting; • Smart Pension's partnership with Make My Money Matter; and • Key developments we could be seeing over the next 18 months, both for Smart Pension and ESG investing more widely. To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/ To view our other pensions podcasts, including the other podcasts in this series, click here: http://www.hsfnotes.com/pensions/?m=podcasts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

Our Cross-Pollinate program is aimed at the leaders of the future, bringing together small groups of professionals across diverse industries, training and backgrounds to engage in small-group discussions on topics that matter. Our inaugural panel discussion event held in our Sydney office on Wednesday 13 April, introduced by Amelia Burns (Solicitor, Disputes) featured Terry Davis (Chairman of Seven Group Holdings), Georgina Lalor (Co-Head of Equity Capital Markets at Macquarie Bank), with Drew Pearson (Partner, Employment) and Christine Wong (Partner, Disputes) from Herbert Smith Freehills.

Focusing on the resurgence of cartel enforcement by competition authorities as the COVID pandemic comes to an end (fingers crossed), Daniel Vowden, Adrian Brown, Agathe Esch and Pilar Carrasco discuss significant developments of key importance to businesses and their advisors. Topics covered in our latest episode include the use of innovative sanctions to punish and deter cartels, the re-emergence of dawn raids by authorities - including some first-hand, practical perspectives on adapted procedures applied during COVID - and the varying degrees of intervention witnessed in differing jurisdictions.

In episode 12, Emma and Rebekah discuss patent trolls, the traditional targets of patent trolling activity and the emergence of a new trend in the renewable energy space.

Peggy Chow and Kaman Tsoi discuss the latest regulatory trends and future directions including the use of third party tracing cookies, the overlap between privacy and competition, proposed new laws on targeted advertising and cookies in the EU, the US, Japan and Australia, facial recognition and less privacy intrusive alternatives such as contextual advertising and Google's new Topics API technology. Visit our predictions: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

Emma Iles and Peng Lei discuss recent intellectual property developments in Australia and China with an impact on the consumer sector including the availability of interlocutory injunctions, product distinction through competitor comparison, punitive damages and trends in the development of green consumer technologies. Emma and Peng share their insights, with a focus on the consequences for product differentiation. Visit our predictions: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

Russian Energy Sector Sanctions Measures Implemented in Response to the Crisis in Ukraine In this mini-series, we discuss the recent sanctions measures implemented in the U.S., E.U., and U.K. as a response to the crisis in Ukraine. In this episode, Jonathan Cross, Lode Van Den Hende, Elizabeth Head, and Brittany Crosby-Banyai focus on the recent sanctions that impact the Russian energy sector. We will continue to monitor developments in this area, and encourage you to subscribe to be kept informed of latest developments. Please contact the authors or your usual Herbert Smith Freehills contacts for more information.

グローバル案件における審査制度の不確実性（日本語版） 日本国内外の企業結合届出や対内直接投資の規制改革により、取引がどのような場合に規制当局の審査対象となるかの予測が困難になっています。 今回のエピソードでは、当事務所シニア・アソシエイト、ジョエル・ルーベン https://www.herbertsmithfreehills.com/our-people/joel-rheuben がアンダーソン・毛利・友常法律事務所のパートナーである金子涼一弁護士 https://www.amt-law.com/professionals/profile/RCK を特別にお招きして、今般の改革の概要と、その結果もたらされた不確実な状況に企業がどう対応するべきかについて意見を交わします。 In a special episode, HSF Tokyo senior associate Joel Rheuben https://www.herbertsmithfreehills.com/our-people/joel-rheuben is joined by Ryoichi Kaneko https://www.amt-law.com/professionals/profile/RCK, a partner at leading Japanese law firm Anderson Mori & Tomotsune. Joel and Ryoichi discuss recent changes in merger control and foreign direct investment rules in and out of Japan that make it more difficult to predict when transactions can be subject to review by regulators. This podcast provides an overview of these changes, as well as what companies can do to deal with regulatory uncertainty.

In a special episode, HSF Tokyo senior associate Joel Rheuben https://www.herbertsmithfreehills.com/our-people/joel-rheuben is joined by Ryoichi Kanekohttps://www.amt-law.com/en/professionals/profile/RCK, a partner at leading Japanese law firm Anderson Mori & Tomotsune. Joel and Ryoichi discuss recent changes in merger control and foreign direct investment rules in and out of Japan that make it more difficult to predict when transactions can be subject to review by regulators. This podcast provides an overview of these changes, as well as what companies can do to deal with regulatory uncertainty.

Mel and Tim discuss a key battleground ahead of the election, climate change action, with Graham Phelan, ESG Lead for Frontier Economics. Graham takes a look back at previous election results to predict whether climate change action and the recent natural disasters will influence the 2022 election outcome – and considers if it’s time to put carbon pricing back on the agenda. Graham discusses the importance of ESG for Australia’s international competitiveness and the proactive measures being taken by businesses and financial regulators to protect the economy and environment. Lastly, we touch on the issues impacting voters’ hip pockets – inflation, interest rates, petrol and (of course) beer prices.

In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Philip Lis, a senior associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Party entitled to rely on force majeure clause where counterparty’s parent company became subject to US sanctions https://hsfnotes.com/litigation/2022/03/21/party-entitled-to-rely-on-force-majeure-clause-where-counterpartys-parent-company-became-subject-to-us-sanctions/ • High Court orders witness statements to be redrafted due to serious non-compliance with PD 57AC https://hsfnotes.com/litigation/2022/03/14/high-court-orders-witness-statements-to-be-redrafted-due-to-serious-non-compliance-with-pd-57ac/ • Article published – Draft judgments: navigating the embargo https://hsfnotes.com/litigation/2022/03/10/article-published-draft-judgments-navigating-the-embargo/ • Privilege not lost despite opponent obtaining copies of documents in foreign proceedings https://hsfnotes.com/litigation/2022/03/23/privilege-not-lost-despite-opponent-obtaining-copies-of-documents-in-foreign-proceedings/ • First third-party debt order granted by the English High Court in relation to cryptocurrency https://hsfnotes.com/litigation/2022/03/09/first-third-party-debt-order-granted-by-the-english-high-court-in-relation-to-cryptocurrency/ • Cryptocurrency insufficient to satisfy test for security for costs https://hsfnotes.com/litigation/2022/02/17/cryptocurrency-insufficient-to-satisfy-test-for-security-for-costs/

In this podcast Tim Leaver and Sian Greenley discuss the impact of endometriosis on the workforce to mark endometriosis awareness month. Endometriosis is a chronic condition that affects around 1 in 10 individuals assigned female at birth. This podcast raises awareness of the potential impact this condition can have on the workforce and the steps that employers can take to support their employees with this condition.

Partner Anthony Wood and Senior Associate Lucy Boyd have a conversation with Maurice Blackburn Principal Josh Bornstein about sexual harassment and the recent Respect@Work report. Josh has acted for plaintiffs in some of Australia’s most high profile recent sexual harassment claims. Although often on opposite sides of employment litigation matters, it might surprise some viewers that we agree on many of the matters up for discussion. A large number of our clients are already adopting best practice ‘victim-centric’ approaches to sexual harassment, with a greater emphasis on transparency and accountability. Visit our hub: https://www.herbertsmithfreehills.com/latest-thinking/australian-federal-election-workplace-reforms

In this latest podcast from the Herbert Smith Freehills pension team, Tim Smith, our Pensions Professional Support Consultant, discusses recent developments relating to the launch of pension dashboards with Professional Support Paralegal, Olivia Kettleborough. In their conversation, Tim outlines: • what pension dashboards are and when they will be launching • what schemes need to do to ensure they are 'dashboard ready' • the key legal issues and risks that trustees and providers need to address, and • the key data risks that schemes need to consider. To receive future podcasts direct to your inbox subscribe: https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/ To view our other pensions podcasts, including the other podcasts in this series, click here: http://www.hsfnotes.com/pensions/?m=podcasts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

香港民事訴訟的流程繁多，一般公司就準備訴訟（或是避免訴訟）所採取的措施或會有不同的了解。上一集本所爭議解決部兩位成員：合夥人范芷君律師（ Jojo Fan ）和王曦彤律師（ Jocelyn Heng ）介紹了香港民事訴訟的流程，這一集將與大家探討訴訟開始後要注意的事項。 • 范芷君律師 （ Jojo Fan ）, 香港爭議解決部合夥人 • 王曦彤律師 （ Jocelyn Heng ）, 香港爭議解決部律師

In the second of our Diversity and Inclusion Podcast Series, Christine Young, Hywel Jenkins and David Palmer discuss the key points for regulated firms in light of the regulators' increasing focus on diversity and inclusion.

In light of Falcons star wide receiver Calvin Ridley’s recent sports bets and subsequent punishment, Professor Mark Conrad returns to the pod to discuss a brief history of sporting participants that bet on their sport.

In this episode of our Private Wealth & Charities podcast series, Richard Norridge, Phoebe Fox and David Clarke, Chief Operating Officer (and formerly Director of Services) at the Royal National Institute of Blind People, discuss in more detail the charity's past, present and future. Part 2 of 2.

In this episode of our banking litigation podcast, we discuss and debate the key recent judgments likely to be of interest to 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 Phoebe Fox. You can find links to our blogs on the cases covered in this podcast below: • Privy Council considers reformulated test for determining scope of duty of care owed by professional advisers https://hsfnotes.com/bankinglitigation/2021/12/15/privy-council-considers-reformulated-test-for-determining-scope-of-duty-of-care-owed-by-professional-advisers/ • High Court considers the requirement for “awareness” in implied misrepresentation claims https://hsfnotes.com/bankinglitigation/2022/02/25/high-court-considers-the-requirement-for-awareness-in-implied-misrepresentation-claims/ • High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation https://hsfnotes.com/bankinglitigation/2021/03/19/high-court-finds-that-a-claimants-awareness-of-a-representation-is-an-essential-prerequisite-to-a-claim-for-misrepresentation/ • High Court decision in first s.90A FSMA claim to reach trial https://hsfnotes.com/bankinglitigation/2022/02/22/high-court-decision-in-first-s-90a-fsma-claim-to-reach-trial/ • High Court upholds settlement agreement relating to earlier proceedings to bar counterclaim, confirming that “unknown” claims can be released https://hsfnotes.com/bankinglitigation/2021/12/16/high-court-upholds-settlement-agreement-relating-to-earlier-proceedings-to-bar-counterclaim-confirming-that-unknown-claims-can-be-released/?shared=email&msg=fail • A counterclaiming defendant can make a valid “claimant’s” Part 36 offer https://hsfnotes.com/litigation/2022/02/02/a-counterclaiming-defendant-can-make-a-valid-claimants-part-36-offer/ • High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights https://hsfnotes.com/litigation/2022/01/26/high-court-finds-covid-19-pandemic-did-not-trigger-a-material-adverse-change-clause-in-a-contract-for-premier-league-broadcasting-rights/ • High Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights https://hsfnotes.com/litigation/2022/01/31/high-court-finds-covid-19-pandemic-amounted-to-force-majeure-event-enabling-party-to-terminate-contract-for-rugby-broadcasting-rights/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

Tim and Mel discuss corporate purpose with HSF’s previous Chair and Senior Partner, James Palmer, one of the UK's leading M&A, capital markets and corporate lawyers, with deep experience in corporate governance and regulation. James explores the overall framing of ESG, and the importance of approaching company strategy with purpose and authenticity. James speaks with passion on navigating the ethical dimension of ESG issues, from “just transition” in the energy sector through to Russia’s invasion of Ukraine.

Kam Jamshidi and Malika Chandrasegaran discuss the rise in ESG consciousness and integration into the M&A process to manage risks whilst also driving consumer demand, with the energy transition providing valuable insights for consumer sector companies. Kam and Malika see four phases of ESG driven M&A including portfolio review, consolidation of ESG challenged businesses, private capital focussing more on ESG conscious investing and buyers of last resort. Visit our predictions: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

In this episode, Mel celebrates International Women’s Day 2022 with HSF’s Chair and Senior Partner, Rebecca Maslen-Stannage and Andrew Pike, Executive Partner for Asia and Australia. Rebecca and Andrew share some personal reflections on progress made, and remaining challenges, in achieving lasting change in the legal profession. They discuss the importance of a diverse and inclusive culture to #BreakTheBias (this year’s theme) - including the importance of acknowledging bias still exists and “calling it when you see it”.

In this episode of our Private Wealth & Charities podcast series, Richard Norridge, Phoebe Fox and David Clarke, Chief Operating Officer (and formerly Director of Services) at the Royal National Institute of Blind People, discuss David's career to date, including his various roles within the British Paralympic Association, and the work he does at RNIB. Part 1 of 2.

Mark Smyth and Jojo Fan discuss the rapidly increasing developments in climate change and ESG litigation globally including greenwashing, inadequate disclosure and challenges for manufacturing and governments. They share their insights on what the future of climate litigation may hold for the consumer sector. Visit our predictions: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

Consumer sector companies that focus on the relational – rather than transactional – aspects of employee relationships will have the edge in 2022. This webinar looks at how consumer sector companies are transforming workplace culture to meet evolving employee and customer expectations.

Many employers are planning the transition to a post-pandemic workplace. In the first Safety Leadership Series webinar for 2022 we reflected on some of the non-Covid related issues employers will need to contend with in the coming year. In other words, how do we prepare for the new normal? Our panel of experts reflected on some of the non-Covid related issues employers will need to contend with in the coming year, including managing safety in the hybrid office workplace and for changing workforces, looking at mental health and sexual harassment as a safety issue, and lessons learned from recent case law related to contractor management.

London based Corporate Crime and Investigations Partner, Brian Spiro and South African Director, Cameron Dunstan-Smith discuss the Judicial Commission of Inquiry into Allegations of State Capture in South Africa. Deputy Chief Justice Raymond Zondo was appointed to chair the Commission almost four years ago in January 2018. The Commission sat for more than 400 more days, interviewing 300 witnesses and yielding 75,000 pages of transcription. The first two instalments of the report have exposed systemic corruption and fraud in the public sector leading to confidence in South African institutions waning both internationally and domestically. However, the question remains will this be a game-changer for South Africa and does the government have the political will and resources to not only act upon the Commission's recommendations but to bring about radical reform that would prevent further corruption flourishing. Speakers: Brian Spiro and Cameron Dunstan-Smith

In episode 11, Emma and Rebekah revisit a topic explored in their first podcast to discuss some recent developments around IP rights and equitable access to COVID-19 vaccines.

In the first episode for 2022, Tim and Mel are joined by Silke Goldberg, HSF’s Global Head of ESG and Climate Change practice lead. Silke embarks on some time travel to tackle the big ESG questions. After a ‘COP of two speeds’ last year, Silke asserts there is everything to play for at COP27 in Egypt this November, including investment opportunities and the final building blocks for a long-awaited global carbon market. Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Silke.Goldberg@hsf.com

2022 is set to be another tumultuous year for Australian businesses. The ongoing pandemic and upcoming Federal Election, amongst many other things, will continue to rock the employment and industrial relations space. Our first Employment & IR Briefing webinar for this year provided an overview of the key issues our clients need to be across for business. Partner Natalie Gaspar facilitated a panel of experts from our national Employment, Industrial Relations & Safety group as we unpacked Covid-19 and vaccinations; underpayments, compliance and the Fair Work Ombudsman; the 2022 Federal Election and the ALP and Coalition’s employment policies; and Respect@Work, #MeToo and the evolving expectations of employees.

Christine Young, David Palmer and Trainee Solicitor Abbi Foster discuss the current state of play with UK Ethnicity Pay Reporting, and what employers should be doing to prepare for mandatory reporting, should it become law.

In this episode we discuss the steady stream of challenges to project approvals and novel actions with respect to government climate policies. In particular we explore several recent key cases that are likely to have a significant impact on climate litigation risk for governments. Speakers: Mark Smyth, Partner and Soraya Pradhan, Solicitor

In episode 10, Emma and Rebekah are joined by Kishaya Delaney, a proud Wiradjuri woman, member of the Uluru Statement Youth Dialogue and a graduate in the Sydney Herbert Smith Freehills office, to discuss the recent copyright assignment of the Aboriginal Flag. Despite Prime Minister Scott Morrison’s announcement that the Aboriginal flag has been ‘freed’ for all.

In this episode of our Private Wealth & Charities podcast series Richard Norridge, Hussein Mithani and Dr Dan Guinness (Managing Director of Beyond Equality) discuss the challenges which face Beyond Equality and explore the regulatory landscape, COVID-19, and what is on the horizon for Beyond Equality. Part 2 of 2 Speakers: Richard Norridge (https://www.herbertsmithfreehills.com/our-people/richard-norridge) and Hussein Mithani (https://www.herbertsmithfreehills.com/our-people/hussein-mithani) Beyond Equality links: Website: https://www.beyondequality.org/ Instagram: https://www.instagram.com/beyond_equality/?hl=en

In this latest podcast in our Pensions and ESG series, Head of Responsible Investment at Royal London Asset Management (RLAM), Ashley Hamilton-Claxton joins our Pensions Professional Support Consultant, Tim Smith to discuss recent ESG developments and how Royal London and its clients are responding to these. In this podcast, Ashley discusses: • how the measurement of ESG related risks is evolving during what she describes as its tumultuous 'teenage years' and the challenges this presents • how RLAM is responding to the need to assess the extent to which portfolios are aligned with the Paris Agreement goals • what 'net zero' means and the limitations of net zero targets, and • practical tips for trustees who are grappling with how to implement an effective ESG risk management strategy. To receive future podcasts in this series direct to your inbox subscribe http://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts, including the other podcasts in this series, click here: http://hsfnotes.com/pensions/?m=podcasts. Contacts If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

In this episode we cover managing risks in relation to climate disclosures and target-setting. In particular we discuss greenwashing, recent significant claims and what companies can do to manage litigation risk. Speakers: Mark Smyth, Partner and Georgia Roy, Solicitor

The latest edition of our Regulation in Focus podcast series features two former regulators in conversation about operational resilience – Andrew Procter from Herbert Smith Freehills and Michael Sicsic from Sicsic Advisory. The discussion focuses on implementation of operational resilience requirements for the upcoming UK regulatory deadline of 31 March 2022. In conversation with... Michael is the Managing Director of Sicsic Advisory, a boutique consultancy focusing on financial services risk and regulation. He is a senior executive in the field of risk and regulation and former head of supervision for the UK general insurance retail sector at the FCA. Andrew is a partner in the (contentious) financial services regulatory team in London. He advises multinational clients on their most important strategic regulatory and risk issues, bringing uniquely strategic judgement drawn from senior leadership roles at regulators, in-house and in private practice.

In this episode of our Private Wealth & Charities podcast series Richard Norridge, Hussein Mithani and Dr Dan Guinness (Managing Director of Beyond Equality) discuss Dan's background (including his career as a professional rugby player), how that inspired the creation of Beyond Equality, and the most recent successes of the charity. Part 1 of 2 Speakers: Richard Norridge (https://www.herbertsmithfreehills.com/our-people/richard-norridge) and Hussein Mithani (https://www.herbertsmithfreehills.com/our-people/hussein-mithani)

In the first podcast of our new Pension Disputes series, Antonia Pegden, a Senior Associate in our Disputes team, discusses the judgment handed down in the Mitchells & Butlers rectification case with Pensions Professional Support Consultant, Tim Smith. In the conversation, Antonia discusses: • why this judgment is significant; • the merits of the bona fide purchaser defence, run for the first time in the context of a rectification claim in this case; and • the impact of the judge's findings on what constitutes effective consultation with a scheme's actuary on the validity of rule amendments. To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/. To view our other pensions podcasts, including the other podcasts in this series, click here http://www.hsfnotes.com/pensions/?m=podcasts. If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

In the latest episode of our public M&A podcast series, we discuss the trends in public M&A in 2021 and look ahead to what we can expect in 2022. Speakers: Antonia Kirkby, Professional Support Consultant and Robert Moore, Partner

In this 12th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence, privilege and the dangers of filing court documents on the last day for service. We also cover some decisions on jurisdiction, and finally we look at a few recent cases where the courts have had to interpret force majeure and material adverse change clauses. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and James Robson, a senior associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Another decision regarding a failure to comply with the new requirements for trial witness statements under PD 57AC https://hsfnotes.com/litigation/2022/01/25/another-decision-regarding-a-failure-to-comply-with-the-new-requirements-for-trial-witness-statements-under-pd-57ac/ • Court of Appeal decision highlights dangers of filing claim form electronically on final day for service https://hsfnotes.com/litigation/2022/01/24/court-of-appeal-decision-highlights-dangers-of-filing-claim-form-electronically-on-final-day-for-service/ • Iniquity exception to privilege does not apply just because defendant to fraud claim lies to their solicitors and the court https://hsfnotes.com/litigation/2022/01/25/iniquity-exception-to-privilege-does-not-apply-just-because-defendant-to-fraud-claim-lies-to-their-solicitors-and-the-court/ • High Court finds defendant submitted to the jurisdiction by applying for extension of time to serve defence https://hsfnotes.com/litigation/2022/01/12/high-court-finds-defendant-submitted-to-the-jurisdiction-by-applying-for-extension-of-time-to-serve-defence/ • High Court finds defendant did not submit to jurisdiction where it sought to have summary judgment application determined before stay application https://hsfnotes.com/litigation/2021/12/22/high-court-finds-defendant-did-not-submit-to-jurisdiction-where-it-sought-to-have-summary-judgment-application-determined-before-stay-application/ • High Court finds submission to jurisdiction no bar to staying English proceedings in favour of Thai proceedings following change in circumstances https://hsfnotes.com/litigation/2022/01/05/high-court-finds-submission-to-jurisdiction-no-bar-to-staying-english-proceedings-in-favour-of-thai-proceedings-following-change-in-circumstances/ • Court of Appeal confirms buyer entitled to repayment of advance where seller failed to deliver diesel due to force majeure https://hsfnotes.com/litigation/2022/01/11/court-of-appeal-confirms-buyer-entitled-to-repayment-of-advance-where-seller-failed-to-deliver-diesel-due-to-force-majeure/ • High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights https://hsfnotes.com/litigation/2022/01/26/high-court-finds-covid-19-pandemic-did-not-trigger-a-material-adverse-change-clause-in-a-contract-for-premier-league-broadcasting-rights/ • High Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights https://hsfnotes.com/litigation/2022/01/31/high-court-finds-covid-19-pandemic-amounted-to-force-majeure-event-enabling-party-to-terminate-contract-for-rugby-broadcasting-rights/ Speakers: Anna Pertoldi, Partner https://www.herbertsmithfreehills.com/our-people/anna-pertoldi Maura McIntosh, Professional Support Consultant https://www.herbertsmithfreehills.com/our-people/maura-mcintosh James Robson, Senior Associate https://www.herbertsmithfreehills.com/our-people/james-robson

In this episode we explain the differences between Scope 1, Scope 2 and Scope 3 emissions and different challenges within each category. Speakers: Jannis Bille, Associate and Tihomir Svilanovic, Trainee Solicitor

In this episode of our Public Law Podcast, we detail our thoughts on the Government's proposed replacement of the Human Rights Act 1998 with a Bill of Rights. Don’t forget to subscribe to the channel to receive updates on future episodes. Speakers: Andrew Lidbetter, Nusrat Zar and Jasveer Randhawa

In our latest podcast on diversity in pensions, David Fairs, Executive Director for Regulatory Policy, Analysis and Advice at The Pensions Regulator discusses the Pension Regulator's Equality, Diversity and Inclusion Strategy with Pensions Partner and Head of Employment, Pensions and Incentives, Samantha Brown. During the conversation, David shares: • steps the Regulator expects trustees to be taking to promote greater diversity on their boards; • what actions the Regulator will take if schemes don't take these actions; • steps the Regulator is taking to promote greater diversity and inclusion internally; and • what success would look like in terms of achieving greater diversity and inclusion both within TPR and within the pensions industry. To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog. www.hsfnotes.com/pensions/subscribe/ To view our other pensions podcasts, including the other podcasts in this series, click here: www.hsfnotes.com/pensions/?m=podcasts

In this episode Mel Debenham breaks down climate change in environmental impact assessment. She covers where environmental impact assessment obligations arise, what kind of considerations are relevant to climate change, and the lexicon and concepts that might be relevant during assessment. Finally, Mel explains what regulatory outcomes and what sort of conditions and implementation requirements we are seeing.

In this episode Ben Rubinstein will talk about greenwashing. He is breaking down what it is, why greenwashing is a big deal and outline some practical tips of how to avoid engaging in greenwashing.

In this episode we will explain the meaning of certain terms used in relation to climate commitments. In particular, we highlight the differences between climate neutral and carbon neutral, net-zero emissions and net-zero carbon emissions, as well as absolute zero. Speakers: Jannis Bille, Associate and Zoe Asher, Trainee Solicitor

In the latest episode in our public M&A podcast series, we discuss the National Security & Investment Act – the new regime which gives the UK government powers to screen and block acquisitions and investments on national security grounds – and the impact for public M&A practitioners.

In episode 9, Emma and Rebekah are joined by members of the HSF Australian IP team to discuss their reflections on 2021 and expectations for the year ahead, and beyond, for IP in Australia.

香港民事訴訟的流程繁多，公司就準備訴訟（或是避免訴訟）所採取的措施或會有不同的了解。在這一集中，本所爭議解決部兩位成員：合夥人范芷君律師 (Jojo Fan)和王曦彤律師(Jocelyn Heng) 將帶領大家回到起點，解構香港民事訴訟的流程，讓大家有充分和全面的認知, 同時分析公司内部在處理訴訟時需要注意的地方。 • 范芷君律師 (Jojo Fan), 香港爭議解決部合夥人 • 王曦彤律師 (Jocelyn Heng), 香港爭議解決部律師

In this final episode for 2021, some very special guest hosts take the wheel! Barbie-Lee Kirby, Responsible Business & First Nations Engagement Executive and Allira Jeffery, HSF Graduate discuss Wiyi Yani U Thangani (Women's Voices): Securing our Rights, Securing our Future, a once in a generation report led by the Aboriginal and Torres Strait Islander Social Justice Commissioner, June Oscar AO. Charlee-Sue Frail is an advisor to the commission and shares her experiences in the development of the report and capturing and responding to the rights, needs and aspirations of First Nations women and girls.

Charlotte Dyer, an Of Counsel in the HSF London Planning Team, chats with Fiona Sawyer, the Professional Support Lawyer for the team, about the impact that the built environment can have on diversity and inclusion, and the role that the planning system, developers and planning professionals can play in promoting and sustaining diversity and inclusion in communities.

With Brussels and Downing Street at loggerheads our podcast assesses the prospects for "no deal" in 2022. Paul Butcher, Director of Public Policy and previously Brexit Director, talks to Eric White, Consultant in our Brussels office, who spent over 30 years until 2016 in the European Commission's Legal Service where, amongst other things, he led the Trade Policy and WTO team. Discussion includes: • What the current disagreement between the EU and UK is about; • What the UK is threatening to do if its demands are not satisfied; • What the EU might do in response – and how that might put us back into a Groundhog Day potential 'no-deal' scenario again before this time next year; and • Why concerns over consent in Northern Ireland mean the EU might be willing to move further on these issues than they otherwise would have.

In this special edition of our banking litigation podcast, we consider some key issues on the topic of privilege that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by Ceri Morgan, a Professional Support Consultant in our banking litigation team, and guests Claire Nicholas and Benedicte Perowne. You can find links to our blogs on the cases covered in this podcast below: - High Court applies narrow interpretation of “client” for purposes of legal advice privilege https://hsfnotes.com/litigation/2016/12/08/high-court-applies-narrow-interpretation-of-client-for-purposes-of-legal-advice-privilege/ - Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for now https://hsfnotes.com/litigation/2018/09/05/court-of-appeal-decision-in-enrc-orthodoxy-restored-on-litigation-privilege-but-narrow-interpretation-of-client-remains-for-now/ - Information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege https://hsfnotes.com/litigation/2018/11/07/information-gathering-in-house-lawyer-not-protected-privilege/ - Impact of Court of Appeal’s privilege decision in Sports Direct v FRC for the financial services sector https://hsfnotes.com/bankinglitigation/2020/02/19/impact-of-court-of-appeals-privilege-decision-in-frc-v-sports-direct-for-the-financial-services-sector/ - High Court holds auditor must form its own view on client’s claim to privilege when responding to its regulator’s notice to produce documents https://hsfnotes.com/litigation/2020/06/15/high-court-holds-auditor-must-form-its-own-view-on-clients-claim-to-privilege-when-responding-to-its-regulators-notice-to-produce-documents/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/ Please also find the Herbert Smith Freehills legal privilege web app. https://www.herbertsmithfreehills.com/latest-thinking/the-herbert-smith-freehills-legal-privilege-web-app

In this episode, Mel and Tim are joined by expert third wheel guest, Olga Klimczak, Executive Counsel, Employment, IR and Safety for Herbert Smith Freehills. Olga discusses the various parliamentary inquiries underway including sexual harassment and bullying in Australia’s parliament, sexual harassment against women in WA’s FIFO mining industry and the underpayment and job security inquiries – issues that are sure to come into sharp focus ahead of the federal election. Olga highlights the key areas to watch, and in particular any potential flow on impact for company policies and procedures. Mel also discusses the significant changes to Aboriginal Cultural Heritage management and some critical next steps. Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Olga.Klimczak@hsf.com

In this latest podcast in our Pension Schemes Act 2021 Soundbite series, Senior Associate, Philip Lis from our restructuring and insolvency team, joins Professional Support Consultant, Tim Smith, to discuss the impact the new pensions criminal offences and regulatory sanctions are having on corporate restructuring and insolvencies where a company or group has a defined benefit (DB) pension fund. In particular, Philip shares his views on: • how the new offences and regulatory sanctions and the Pensions Regulator's guidance are likely to impact the approach to restructuring and insolvency processes • what practical steps stakeholders can take to mitigate the risks associated with these new sanctions; and • how these sanctions interact with directors' general legal duties. For more analysis on how these new offences and regulatory sanctions may impact corporate activity check out: • Our recent blog - New pensions criminal offences and regulatory sanctions now in force https://hsfnotes.com/pensions/2021/10/01/new-pensions-criminal-offences-and-regulatory-sanctions-now-in-force/ • Our UK Pensions Regulation https://www.herbertsmithfreehills.com/latest-thinking/hubs/uk-pension-regulation

Join Jojo Fan in Hong Kong, Benjamin Rubinstein in New York, Mark Smyth in Sydney and Sousan Gorji in London as they discuss greenwashing in the banking sector. Read more insights in our Global Bank Review here: https://www.herbertsmithfreehills.com/insight/2021-global-bank-review-%E2%80%93-esg-creating-a-purposeful-future

In the CHRISTMAS SPECIAL edition of our monthly update podcast, we look at key recent judgments likely to be of interest to 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 blog posts on the cases covered in this podcast below: - Supreme Court finds claim for compensation under data protection legislation cannot proceed on “opt-out basis” in high profile Lloyd v Google case https://hsfnotes.com/litigation/2021/11/10/supreme-court-finds-claim-for-compensation-under-data-protection-legislation-cannot-proceed-on-opt-out-basis-in-high-profile-lloyd-v-google-case/ - High Court upholds contractual terms setting out basis of relationship in dismissing breach of duty claim relating to introduction to third party investment schemes https://hsfnotes.com/bankinglitigation/2021/10/28/high-court-upholds-contractual-terms-setting-out-basis-of-relationship-in-dismissing-breach-of-duty-claim-relating-to-introduction-to-third-party-investment-schemes/ - High Court considers whether onerous term in standard terms incorporated by reference https://hsfnotes.com/bankinglitigation/2021/10/20/high-court-considers-whether-onerous-term-in-standard-terms-incorporated-by-reference/ - High Court considers implied terms and “failure of basis” in context of COVID-19 pandemic https://hsfnotes.com/bankinglitigation/2021/10/12/high-court-considers-implied-terms-and-failure-of-basis-in-context-of-covid-19-pandemic/ - COVID-19 market disclosures and managing the associated litigation risks https://hsfnotes.com/bankinglitigation/2021/10/21/covid-19-market-disclosures-and-managing-the-associated-litigation-risks/ Don't forget to subscribe to the banking litigation blog: https://hsfnotes.com/bankinglitigation/subscribe/ Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Scott Warin (Associate)

Sustainability and Competition law: The 'usual suspects' and first mover disadvantage Focusing on Sustainability and Competition Law, Marcel Nuys, Florian Huerkamp and Camille Puech-Baron explore a topic near to, if not at the top of the current competition law agenda. They highlight why this so-called 'hipster antitrust' is an increasingly important priority for competition authorities, as various jurisdictions try and find the balance between maintaining a competitive landscape and contributing to ambitious sustainability goals. Topics covered include how antitrust and sustainability cooperation may come into conflict, first mover disadvantage, the evolution of the role of competition law as an enabler rather than an obstacle to the development of green technologies and products, and other related aspects of the European Green Deal.

In this latest briefing, which was designed to help frame employers' thinking around hybrid working, our panel of experts explored employee sentiment for hybrid and blended working, and discussed some the key elements of a successful work-from-home strategy. This podcast briefing is also available to watch as a video, which you can access here:https://www.herbertsmithfreehills.com/latest-thinking/australian-employment-industrial-relations-and-safety-webinars

In episode 8, Emma and Rebekah discuss non-human creators in different types of IP and a world first decision allowing AI to be an inventor of a patent.

In this 11th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence and relief from sanctions, and give a very brief update on the disclosure pilot. We also cover some decisions on jurisdiction and pleading foreign law, including an important Supreme Court decision, and finally we look at the Supreme Court's recent decision in Lloyd v Google which has significant implications for data class actions. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Amel Fenghour, a senior associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court gives guidance on new requirements for trial witness statements https://hsfnotes.com/litigation/2021/10/25/high-court-gives-guidance-on-new-requirements-for-trial-witness-statements/ • Further guidance on new requirements for trial witness statements under Practice Direction 57AC https://hsfnotes.com/litigation/2021/11/22/further-guidance-on-new-requirements-for-trial-witness-statements-under-practice-direction-57ac/ • Court of Appeal refuses extension of time to plead dates of damage in claims arising out of oil spill, meaning some 28,000 claims cannot proceed https://hsfnotes.com/litigation/2021/11/08/court-of-appeal-refuses-extension-of-time-to-plead-dates-of-damage-in-claims-arising-out-of-oil-spill-meaning-some-28000-claims-cannot-proceed/ • Changes to Disclosure Pilot take effect today https://hsfnotes.com/litigation/2021/11/01/changes-to-disclosure-pilot-take-effect-today/ • Jurisdiction clause in insurance policy confers exclusive jurisdiction despite no express words to that effect https://hsfnotes.com/litigation/2021/10/27/jurisdiction-clause-in-insurance-policy-confers-exclusive-jurisdiction-despite-no-express-words-to-that-effect/ • High Court finds defendant did not submit to the jurisdiction by applying for strike out at the same time as challenging jurisdiction https://hsfnotes.com/litigation/2021/10/07/high-court-finds-defendant-did-not-submit-to-the-jurisdiction-by-applying-for-strike-out-at-the-same-time-as-challenging-jurisdiction/ • Supreme Court confirms wide interpretation of “damage” for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims https://hsfnotes.com/litigation/2021/10/21/supreme-court-confirms-wide-interpretation-of-damage-for-the-purposes-of-the-common-law-jurisdictional-gateway-for-tort-claims-and-clarifies-when-english-law-may-apply-to-foreign-law-claims/ • Supreme Court finds claim for compensation under data protection legislation cannot proceed on “opt-out basis” in high profile Lloyd v Google case https://hsfnotes.com/litigation/2021/11/10/supreme-court-finds-claim-for-compensation-under-data-protection-legislation-cannot-proceed-on-opt-out-basis-in-high-profile-lloyd-v-google-case/ Speakers: Anna Pertoldi, Partner https://www.herbertsmithfreehills.com/our-people/anna-pertoldi Maura McIntosh, Professional Support https://www.herbertsmithfreehills.com/our-people/maura-mcintosh Amel Fenghour, Senior Associate https://www.herbertsmithfreehills.com/our-people/amel-fenghour

As we enter dividend season Pensions Partner, Rachel Pinto, joins Professional Support Consultant, Tim Smith, to discuss how directors should approach decisions over the payment of dividends in light of the new pensions criminal offences and regulatory sanctions. In particular, Rachel shares her views on: • what directors need to be aware of in terms of the Pensions Regulator's new powers this dividend season • how this changes the way directors of companies and groups with DB schemes should approach decisions regarding the payment of dividends, and • other circumstances in which directors need to be alive to these new offences and regulatory sanctions. For more analysis on how these new offences and regulatory sanctions may impact corporate activity check out: • our recent blog - New pensions criminal offences and regulatory sanctions now in force (https://hsfnotes.com/pensions/2021/10/01/new-pensions-criminal-offences-and-regulatory-sanctions-now-in-force/) • our UK pensions regulatory hub (https://www.herbertsmithfreehills.com/latest-thinking/hubs/uk-pension-regulation).

In this episode, Tim and Mel are joined by expert third wheel guest, Lewis McDonald, Global Head of Energy for Herbert Smith Freehills. Fresh from presenting at the 12th Annual Sustainable Innovation Forum (SIF) which took place alongside COP26 in Glasgow, Lewis observes the number of zeros committed to net zero, at least $133 trillion as announced by Mark Carney’s Glasgow Financial Alliance. He asserts that the real challenge is creating enough investable net zero projects for the money – through a public / private blend of government support to achieve scale and efficiencies, and the legal mechanisms to make novel projects work. Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Lewis.McDonald@hsf.com

As digital platforms continue to grow in influence and importance across economies around the world, competition law regulators around the world are turning their sights on various practices that are common in the digital sector. In this episode of Unbundling Competition, senior associate Howard Chan and Herbert Smith Freehills Kewei Law Firm partner Frances Xu consider potentially problematic pricing practices on digital platforms, including recent updates from China.

Asia Head of Competition Adelaide Luke and Tokyo senior associate Joel Rheuben discuss the increasingly significant role that data plays in merger control analysis by competition authorities worldwide. Analysis of data as a factor of competition is being examined not only in deals involving large digital platforms, but also in more traditional sectors, as companies seek to monetise data they produce and use data analytics to gain an edge over their competitors. However, the unique characteristics of data create challenges when considering it through a conventional competition law lens.

Asia Head of Competition Adelaide Luke and Australia senior associate Patrick Clark discuss how competition authorities approach digital platforms, the new and unique competition concerns that authorities might identify with those businesses, and the global trend to develop innovative regulatory responses.

Featuring experts from across our global network, hear from partners Andrew Procter (London), Hannah Cassidy (Hong Kong), Charlotte Henry and Peter Jones (Sydney), and Merryn Quayle & Harry Edwards (Melbourne.) In this session, and provide an overview of the Australian regulator’s expectations of regulated Australian financial services entities, including in relation to information and cybersecurity, a summary of the UK/European/Hong Kong and Singaporean regulatory positions which we expect to trickle down to Australia, some practical tips on approaches to regulatory investigations in the event of a critical systems failure (eg cyber or ransomware attack), and finishes with an overview of the trend towards targeted ransomware demands, and the legality of those payments in Australia. This podcast briefing is also available to watch as a video, which you can access here: https://www.herbertsmithfreehills.com/latest-thinking/spotlight-on-operational-resilience-%E2%80%93-global-insights

This month Fatema Fathnezhad, Group VP Legal at Virgin Mobile (Middle East & Africa) was interviewed by Janine Mallis, providing her views on the importance of mentorship, equal opportunities and a flexible and open culture in the workplace. She also discusses the conflicting challenges that many women face in the industry and the importance of having good role models and a network of both female and male allies.

In this episode of our Private Wealth & Charities podcast series Richard Norridge, Rebecca Perlman and Joss Saunders, General Counsel for Oxfam, discuss the changing regulatory landscape for charities, trends in the sector and Joss's advice for charity lawyers. Part 2 of 2

Part 3 – Discussion Around Challenges to Digital Transformation in Japan. In Part 3 of this podcast series on Digital Transformation, Yosuke Homma from Herbert Smith Freehills' Tokyo office (a member of HSF's Digital Law Group) is joined by Atsushi Okada, a partner at Mori Hamada & Matsumoto to discuss some of the recent changes to the legal and regulatory framework in Japan that may be relevant for digital transformation, some Japan specific challenges to implementing digital transformation projects, and the trends we may see as digital transformation gathers pace in Japan. Atsushi Okada is a partner at Mori Hamada & Matsumoto. His principal practice areas are intellectual property, information technology, data protection and cybersecurity. He was educated at the University of Tokyo and Harvard Law School. He serves as a member of the Board of Examiners, Industrial Property Council of Japan Patent Office and also as a member of the committee (and the chair of a working group) on AI and data contract guidelines for the Japanese government (METI). He is co-head of the firm’s data security, healthcare, fintech and robotics practices. He is recognised in Chambers Global, Chambers Asia-Pacific, The Legal 500: Asia Pacific, Best Lawyers in Japan, Asialaw Leading Lawyers, IAM Patent 1000, IAM Global Leaders and Nikkei’s ‘Most Successful Lawyers in 2019’.

In episode 7, Emma and Rebekah discuss patent term extensions, why we have them and why there has been a flurry of recent activity in the Federal Court.

Part 2 – Introduction to Digital Transformation in Japan. In Part 2 of this podcast series on Digital Transformation, Yosuke Homma from Herbert Smith Freehills' Tokyo office (a member of HSF's Digital Law Group) is joined by Atsushi Okada, a partner at Mori Hamada & Matsumoto to discuss Japan's recent public and private sector push for digital transformation. Atsushi Okada is a partner at Mori Hamada & Matsumoto. His principal practice areas are intellectual property, information technology, data protection and cybersecurity. He was educated at the University of Tokyo and Harvard Law School. He serves as a member of the Board of Examiners, Industrial Property Council of Japan Patent Office and also as a member of the committee (and the chair of a working group) on AI and data contract guidelines for the Japanese government (METI). He is co-head of the firm’s data security, healthcare, fintech and robotics practices. He is recognised in Chambers Global, Chambers Asia-Pacific, The Legal 500: Asia Pacific, Best Lawyers in Japan, Asialaw Leading Lawyers, IAM Patent 1000, IAM Global Leaders and Nikkei’s ‘Most Successful Lawyers in 2019’.

In this episode, Mel and Tim are joined by expert third wheel guest, Brooke Massender, Global Head of Pro Bono for Herbert Smith Freehills. Brooke discusses how ESG could be the roadmap that makes corporate purpose more meaningful - and why ESG is different this time around. Recorded on the cusp of the Australian Reconciliation Convention, she shares her optimism around cultural competency in organisations, and the need for increased representation of First Nations voices where decisions are being made anywhere and everywhere in Australia. Brooke closes with some practical tips for those prepared to move ‘from safe to brave’ – and the importance of asking uncomfortable questions. Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Brooke.Massender@hsf.com

Part 1 - The key considerations and common issues that arise. In Part 1 of this podcast series on Digital Transformation in Japan, Yosuke Homma from Herbert Smith Freehills (HSF) Tokyo office (a member of HSF's Digital Law Group) hosts Natasha Blycha (Global Head of Digital Law) and Susannah Wilkinson (Digital Law Lead APAC) to discuss the common issues that arise in the digital transformation journey for our client organisations – for the business as well as for their internal legal functions. Recorded date: 19 August 2021

Wider forces have wreaked havoc in global energy markets in 2021, but UK policy has caused additional complications in the UK. In this podcast Paul Butcher, Director of Public Policy looks at: • some of the UK specific factors that have exacerbated the crisis, including: - greater reliance on wind - and the role Brexit has played • the implications of the UK's unusually competitive energy supply market in the context of: - the 22 energy suppliers that have gone bankrupt so far this year; - the Default Tariff Cap for consumers; and the - supplier of last resort regime. Paul also discusses the first big matter he worked on as a trainee in our energy group back in 2002 – the administration of a very large UK based energy company - and some of the lessons that that has for today's crisis.

Rhianydd Griffith of Federated Hermes, Senior Vice President within Hermes Infrastructure, interviews Jannis Bille about Herbert Smith Freehills' ESG & climate practice.

Jannis Bille speaks to Joanne Jolly, General Counsel & Company Secretary for Insurance and Wealth at Lloyds Banking Group

Jannis Bille speaks to Carine de Boissezon, Chief Sustainability Officer, EDF Group.

In this episode on collaboration disputes, we explore some of the common areas where we have seen disputes arise when entering into IP and tech collaborations and why collaboration disputes are becoming so prevalent. We look at how clients can navigate the following key issues: • Compliance by the collaborating parties with their contractual obligations • How to handle and exchange confidential information within a collaboration • Disputes around provisions on ownership or rights to use IP • Foreground and background IP – who brings what to the collaboration and who can retain/take/use what when it comes to an end • Termination of collaborations and the disputes arising from this

Jannis Bille speaks to Rhianydd Griffith, Senior Vice President, Infrastructure Investment, Hermes Investment.

Jannis Bille speaks to Matthew White, Head of Planning in London and one of the lead Partners for the Real Estate Sector.

Gain timely updates and key takeaways from legal experts attending COP26 and the Sustainable Innovation Forum. As business leaders convene to make net zero a reality, we discuss the areas of policy and regulation that will see substantive progress and the challenges and opportunities this presents for global industries. Jannis Bille talks to Lewis McDonald, our Global Head of Energy.

Gain timely updates and key takeaways from legal experts attending COP26 and the Sustainable Innovation Forum. As business leaders convene to make net zero a reality, we discuss the areas of policy and regulation that will see substantive progress and the challenges and opportunities this presents for global industries. Jannis Bille talks to Sarah Pollock, a Partner in our Global Energy Team.

Jannis Bille speaks to Laura Hulett, a Partner in our Energy & Natural Resources division.

Lewis McDonald, Global Head of Energy speaks to Gillian Harrison, CEO of Whitefox Technologies Ltd.

Jannis Bille speaks to Jaideep Sandhu, Chief Technology Officer, Renewables Global Business Unit at ENGIE

In this podcast Paul Butcher, Director of Public Policy looks at: • the unprecedented nature of the current situation for natural gas, coal and electricity • the consequences we are seeing for industry and consumers • what caused the crisis, including: - the 'series of unfortunate events' - the surprising consequences of the pandemic and new ways of working - geopolitics The discussion ends with what Paul argues is the main underlying cause that has allowed the other factors to be decisive: policymakers have left us in energy limbo rather than energy transition. Speakers: Paul Butcher, Director of Public Policy, Herbert Smith Freehills and Mike Petrook, Herbert Smith Freehills

In this episode, Tim and Mel are joined by expert third wheel guest, Dr Cameron Kelly, head of the Legal, Governance and Secretariat team at the Australian Renewable Energy Agency. Dr Kelly discusses Australia’s role in the global hydrogen economy, renewable technologies of the not too distant future and the role of micro-grids in delivering not only environmental, but social benefits for regional communities. Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com

In this episode of our Private Wealth & Charities podcast series Richard Norridge, Rebecca Perlman and Joss Saunders discuss Joss's route to General Counsel for Oxfam, the legal set-up at Oxfam and the biggest legal challenges faced by the charity. Part 1 of 2

In this episode, Mel and Tim are joined by expert third wheel guest, Mark Smyth, a partner in our litigation practice advising companies in relation to environmental, climate change and ESG issues, including responding to shareholder activism and defending ESG litigation. Mark shares the litigation themes he is seeing regionally and globally, including regulatory movements on greenwashing and the latest activity in the Federal Court regarding Environment Minister v Sharma case. Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Mark.Smyth@hsf.com

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Harriet Tolkien. You can find links to our blog posts on the cases covered in this podcast below: - Supreme Court clarifies requirements for tort of lawful act economic duress https://hsfnotes.com/litigation/2021/08/19/supreme-court-clarifies-requirements-for-tort-of-lawful-act-economic-duress/ - Court of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6 https://hsfnotes.com/litigation/2021/10/01/court-of-appeal-confirms-claims-seeking-remediation-for-damage-to-land-allegedly-caused-by-oil-spill-cannot-proceed-as-representative-action-under-cpr-19-6/ - Banking Litigation Podcast Episode 20: Monthly Update - August 2020 https://hsfnotes.com/bankinglitigation/2020/08/12/banking-litigation-podcast-episode-20-monthly-update-august-2020/ - Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholders https://hsfnotes.com/bankinglitigation/2021/08/11/privy-council-confirms-that-the-so-called-reflective-loss-principle-applies-to-ex-shareholders/ - High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot https://hsfnotes.com/bankinglitigation/2021/08/16/high-court-finds-accountants-investigation-report-not-protected-by-litigation-privilege-and-considers-requirements-for-obtaining-disclosure-under-the-disclosure-pilot/ - The Herbert Smith Freehills Legal Privilege Web App https://www.herbertsmithfreehills.com/latest-thinking/the-herbert-smith-freehills-legal-privilege-web-app - Disclosure Pilot to be extended for a further year and the procedures streamlined https://hsfnotes.com/litigation/2021/07/29/disclosure-pilot-to-be-extended-for-a-further-year-and-the-procedures-streamlined/ - The UK’s LIBOR safe harbour legislation: a missed opportunity? https://hsfnotes.com/bankinglitigation/2021/09/08/uks-libor-safe-harbour-legislation-a-missed-opportunity/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

During this session our diverse group of panellists, including representatives from the ACCC, Telstra and Choice, explored the impact of the ACL on corporate Australia, the role of enforcement as compared to other forms of regulatory persuasion, the management of ACL risks within a large organisation, the interaction between the ACL, ACCC enforcement and consumer class actions as well as anticipated changes to the ACL expected in the coming 12 months, including changes to the Unfair Contract Terms regime. Moderated by Linda Evans, Regional Head of Practice (CRT) Australia, who was joined by: Delia Rickard, Deputy Chair, Australian Competition & Consumer Commission Michael Ackland, Group Executive, Consumer and Small Business, Telstra Erin Turner, Director - Campaigns & Communications, Choice Patrick Gay, Partner, Herbert Smith Freehills This podcast briefing is also available to watch as a video, which you can access here: https://www.herbertsmithfreehills.com/latest-thinking/australian-consumer-law-10-years-old-and-really-growing-up

In this episode of our Private Wealth & Charities podcast series Richard Norridge, Matteo Yoon and Dr Rebekah Delsol, Trustee of charity StopWatch, continue discussing the charity's past, present and future. StopWatch can be found here: https://www.stop-watch.org/. Part 2 of 2

In this episode, Tim and Mel are joined by two representatives from the Human Rights Resources and Energy Collaborative, Shaeron Yapp (South32) and Gemma Wilford (Fortescue Metals), who talk about practical approaches to implementing human rights diligence and remediation in significant global businesses. Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com

Following the launch of the Future of Work Report 2021: Remote/Controlled, Barbara Roth and Tyler Hendry sit down to discuss the Future of Work in the US and the rise of ESG and employee activism following #metoo, Black Lives Matter and the Covid-19 pandemic. Speakers: Barbara Roth, Partner, Employment and Tyler Hendry, Senior Associate, Employment, Herbert Smith Freehills

Impact of Crypto on Sanctions and AML Laws in the United States. John O’Donnell, Jonathan Cross, and Steve Jacobs discuss the significant impact that the rise of crypto has had, and is likely to have going forward, on sanctions and AML laws in the United States.

In this episode of our Private Wealth & Charities podcast series Richard Norridge, Matteo Yoon and Dr Rebekah Delsol, Trustee of charity StopWatch, continue discussing the charity's past, present and future. StopWatch can be found here: https://www.stop-watch.org/. Part 1 of 2 Speakers: Matteo Yoon (https://www.herbertsmithfreehills.com/our-people/matteo-yoon), Richard Norridge (https://www.herbertsmithfreehills.com/our-people/richard-norridge) and Dr Rebekah Delsol, Trustee of charity StopWatch

In the second episode of our podcast series, Mel and Tim are joined by their expert third wheel guest, Antony Crockett, partner in our Hong Kong office. He leads HSF’s global Business and Human Rights practice and is a member of the firm's ESG leadership group. Antony shares with our hosts what ESG means to him, mandatory ESG due diligence developments in the EU and Human Rights due diligence, along with some practical tips. Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com Antony.Crockett@hsf.com

In the latest episode in our public M&A podcast series, we look back at one of the most active summers in the public M&A markets in some time. In particular we discuss the high profile competitive situations, and the auction processes that they have led to, and some of the hostile activity we have seen. Speakers: Antonia Kirkby, Professional Support Lawyer and Stephen Wilkinson, Partner

In this first episode of our Australian ESG podcast Tim and Mel are joined by their inaugural third wheel, Herbert Smith Freehills CEO, Justin D’Agostino. Justin discusses what ESG means to him, how the firm approaches ESG as well as what he sees in the broader business community. Contact the speakers: Timothy.Stutt@hsf.com Melanie.Debenham@hsf.com

In this 10th episode of our series of commercial litigation update podcasts, we give an update on recent developments relating to privilege, the disclosure pilot, representative actions, and two recent Supreme Court decisions on liquidated damages and lawful act economic duress respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Sam Heitlinger, an associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Our new legal privilege client tool https://hsfnotes.com/litigation/2021/09/15/our-new-legal-privilege-client-tool/ • Privilege not lost despite opponent having wholesale access to email accounts containing the privileged material https://hsfnotes.com/litigation/2021/07/29/privilege-not-lost-despite-opponent-having-wholesale-access-to-email-accounts-containing-the-privileged-material/ • High Court orders disclosure of lawyer’s attendance note alluded to in claimant’s witness statement https://hsfnotes.com/litigation/2021/08/25/high-court-orders-disclosure-of-lawyers-attendance-note-alluded-to-in-claimants-witness-statement/ • High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot https://hsfnotes.com/bankinglitigation/2021/08/16/high-court-finds-accountants-investigation-report-not-protected-by-litigation-privilege-and-considers-requirements-for-obtaining-disclosure-under-the-disclosure-pilot/ • Disclosure Pilot to be extended for a further year and the procedures streamlined https://hsfnotes.com/litigation/2021/07/29/disclosure-pilot-to-be-extended-for-a-further-year-and-the-procedures-streamlined/ • Court of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6 https://hsfnotes.com/litigation/2021/10/01/court-of-appeal-confirms-claims-seeking-remediation-for-damage-to-land-allegedly-caused-by-oil-spill-cannot-proceed-as-representative-action-under-cpr-19-6/ • Supreme Court restores orthodox approach to liquidated damages for delay where work never completed https://hsfnotes.com/litigation/2021/07/30/supreme-court-restores-orthodox-approach-to-liquidated-damages-for-delay-where-work-never-completed/ • Supreme Court clarifies requirements for tort of lawful act economic duress https://hsfnotes.com/litigation/2021/08/19/supreme-court-clarifies-requirements-for-tort-of-lawful-act-economic-duress/

On this episode, host Steve Jacobs is joined by John Ho (Head of Legal, Financial Markets, Standard Chartered Bank) to discuss the latest developments in the world of blockchain, cryptocurrency and distributed ledger technology. Topics include Central Bank Digital Currencies (CBDCs), Non-Fungible Tokens (NFTs), and the imminent wave of significant regulation coming in the United States.

FCA's regulatory decision-making proposals - faster and less costly, but at what price? The latest edition of our Regulation in Focus podcast series features Karen Anderson and Andrew Procter, both partners in our FSR practice and both former regulators, in conversation about the FCA's plans to streamline regulatory decision-making, which - if the FCA proceeds as proposed - will be a significant change to how authorisation, supervision and enforcement are delivered. Karen and Andrew review the arguments which led to the establishment of the Regulatory Decisions Committee to provide independent administrative decision-making. They then outline the FCA's plans for change and discuss whether the regulator has a strong case. Speakers: Karen Anderson (Partner) and Andrew Procter (Partner)

Digitalisation Challenges in Singapore In part 3 of this podcast series on digital transformation, Kenneth Lo and Harry Evans from Herbert Smith Freehills (HSF) Singapore office (members of HSF's Digital Law Group) discuss the digitalisation challenges in Singapore. Tune in to find out what digitalisation challenges to look out for and also learn about how to make your company's digital journey smoother.

Singapore's Public & Private Sector push for Digital Transformation and Impact of Digitalisation in Singapore In part 2 of this podcast series on digital transformation, Kenneth Lo and Harry Evans from Herbert Smith Freehills (HSF) Singapore office (members of HSF's Digital Law Group) discuss Singapore's public and private sector push for digital transformation. They further discuss whether the take up or impact of digitalisation has been particularly positive. Tune in to learn about how your company can benefit from digitalisation.

Part 1 - The key considerations and common issues that arise. In Part 1 of this podcast series on Digital Transformation, Yosuke Homma from Herbert Smith Freehills (HSF) Tokyo office (a member of HSF's Digital Law Group) hosts Natasha Blycha (Global Head of Digital Law) and Susannah Wilkinson (Digital Law Lead APAC) to discuss the common issues that arise in the digital transformation journey for our client organisations – for the business as well as for their internal legal functions.

In the latest episode of our Public Law Podcast, Andrew Lidbetter and Nusrat Zar are once again joined by Vikram Sachdeva QC of 39 Essex. They consider the implications of the Judicial Review and Courts Bill introduced into Parliament in July. This podcast follows on from our episode earlier this year which covered the Government's consultation on judicial review, in particular from HSF's experience of judicial review across many different sectors. That episode can be found below. You can read more about the issues discussed in this episode in the following blog posts: • Government introduces the Judicial Review and Courts Bill into Parliament https://hsfnotes.com/publiclaw/2021/07/23/government-introduces-the-judicial-review-and-courts-bill-into-parliament/ • Public Law Podcast: Government Consultation on Judicial Review https://hsfnotes.com/publiclaw/2021/06/22/public-law-podcast-government-consultation-on-judicial-review/ • HSF responds to Government’s Consultation on Judicial Review Reform https://hsfnotes.com/publiclaw/2021/05/14/hsf-responds-to-governments-consultation-on-judicial-review-reform/ • Publication of the Independent Review of Administrative Law’s Report and a Government Consultation into Judicial Review https://hsfnotes.com/publiclaw/2021/03/19/publication-of-the-independent-review-of-administrative-laws-report-and-a-government-consultation-into-judicial-review/ Speakers: Andrew Lidbetter (Partner), Nusrat Zar (Partner), Vikram Sachdeva QC (39 Essex)

Organisations across the globe are trying to motivate as many employees as possible to get the vaccine. Many are offering incentives while some are starting to mandate vaccines where many feel public health orders have stopped short – but at what cost? In this podcast our panel of experts discussed the key issues that arise with this complex topic. What do employers need to consider in developing their approach? Will it be a lawful and reasonable direction for employers to mandate vaccinations? How are companies encouraging their employees to vaccinate? What do employers need to consider once they have decided their policy? This podcast briefing is also available to watch as a video, which you can access here https://www.herbertsmithfreehills.com/latest-thinking/australian-employment-industrial-relations-and-safety-webinars By Wendy Fauvel, Mark Rigotti, Nicholas Ogilvie, Nerida Jessup and Alissa Anderson.

In this corporate governance podcast, we discuss the FRC Financial Reporting Lab's recent report on stakeholders, decisions and Section 172 statements with Phil Fitzgerald, Director of the Financial Reporting Lab, and Marie Claire Tabone, Project Manager of the Financial Reporting Lab. The report sets out investors’ expectations in relation to disclosures on stakeholders, the impact of decisions on them and section 172 statements and Phil and Marie Claire explain the key issues and guidance for companies coming out of this project. Further on the Financial Reporting Lab and its work can be found here: https://www.frc.org.uk/investors/financial-reporting-lab

In episode 3 of our Tech Disputes podcast series Revolution or evolution?, we take a look at software audit disputes and data licensing disputes. Compliance with software and data licences, which can be at times vague and/or onerous, has long been a problem for legal and compliance departments, and as more and more companies engage in digital transformation, the reliance on third party software and data services is growing across all sectors. This is leading to substantial risk of non-compliance for customers, which will come to light when the vendor exercises its contractual rights to audit licence compliance. Remediating shortfalls can often attract multimillion £ fees and the negotiations between vendors and customers can become fraught and potentially litigious in their own right. This episode explores the way in which these disputes can unfold, and the different approaches and levers each side can look to employ in a contentious audit situation. It also looks at the practical steps customers can take in order to avoid over deployment risks in the first place, both at the contracting stage, and during the contract life cycle. Speakers: Andrew Moir, Heather Newton and Peter Dalton

History of US Sanctions Under the JCPOA May Offer Insight to Terms of Renewed JCPOA Participation In this episode, Jonathan Cross, Brittany Crosby-Banyai and Dan Hudson discuss the history of the Iran sanctions program under the Iranian nuclear deal, known as the Joint Comprehensive Plan of Action (“JCPOA”). They also analyze the mechanisms by which sanctions were re-imposed when the US left the agreement. These considerations offer insight as to the categories of sanctions against Iran that the US could lift pursuant to a new nuclear deal. Speakers: Jonathan Cross, Counsel, New York, Brittany Crosby-Banyai, Associate and Dan Hudson, Partner, London

This month, Dana Kim has invited Kum Sun Kim, corporate attorney at Microsoft Korea who shares her views on how we can utilize the power of technology for women's career progression in today's environment and the importance of allyship to encourage solidarity between women. Watch the video version here: https://www.herbertsmithfreehills.com/latest-thinking/women-in-tech

Don't you know that you're toxic? How to spot a toxic culture in the workplace We are introducing a new mini-series within our Employment Espresso pods looking at how to respond to and how to prevent sexual harassment and sexual abuse in the workplace. In our first episode we look at toxic culture in the workplace. How to spot it and what are the consequences of ignoring it? Speakers: Anna Law, Senior Associate, Employment, Dave Palmer, Senior Associate, Employment and Lydia Carrington, Trainee, Employment.

Marc Lasry, CEO of Avenue Capital and co-owner of the 2021 NBA Champion Milwaukee Bucks, joins the pod to discuss his pre-finance background as a lawyer, taking the Bucks from worst to first, the development of stars Giannis Antetokounmpo and Khris Middleton, the 2020 NBA Disney Bubble, and the Bucks' 2021 championship run.

We explore the class action risks emerging for consumer-facing businesses in what has been an unprecedented 12 months in the Australian class actions landscape. Moderated by Jason Betts, Commercial Litigation Partner & Global Co-Head Of Class Actions, Herbert Smith Freehills. Panellists include representatives from key stakeholder groups, including: - Julian Schimmel, Principal, Maurice Blackburn; - Ruth Overington, Commercial Litigation Partner, Herbert Smith Freehills - Gavin Beardsell, Investment Manager – Sydney | Head of New Zealand, Omni Bridgeway

In session 2 of our Corporate Governance Symposium We look at the increased interest in the overlap between data/privacy and disclosure from an ACCC perspective, as demonstrated by the Google case and other recent activity and enforcement patterns. Moderated by Aoife Xuereb, Disputes Senior Associate, Herbert Smith Freehills. Panellists were Liza Carver, Competition Partner and Head of Competition, Herbert Smith Freehills Patrick Clark, Competition Senior Associate, Herbert Smith Freehills Christine Wong, Commercial Litigation Partner, Herbert Smith Freehills Kaman Tsoi, Privacy and Data Special Counsel, Herbert Smith Freehills

In this session Danielle Kelly, our Director of Culture & Inclusion at Herbert Smith Freehills joins leading expert on Dementia Dr Jason Karlawish for an important and enlightening conversation on dementia and Alzheimers. During this session Dr Karlawish breaks the disease down for us by exploring the types of Dementia, the role of a caregiver, the early signs of Dementia, the typical stages of Dementia and the medical tests used for dementia diagnosis. For local resources in Australia, Dementia Australia represents the over 450,000 Australians living with dementia and the almost 1.6 million Australians involved in their care. Visit Dementia Australia website: www.dementia.org.au

This session featured McKinsey Associate Partner Thomas Rüdiger Smith as keynote speaker. Moderated by Kristin Stammer, Corporate Partner & Consumer Sector Global Co-Lead, Thomas was joined by Peter Jones, Technology Partner and Malika Chandrasegaran, M&A Partner as they delved into the current corporate landscape, exploring the risks and opportunities that exist within the business to consumer space. A summary of the session is below.

The recent year has seen the world undergo unprecedented change with its impact on how and where we work, and the use of Artificial Intelligence and remote working environments continuing to evolve. According to the recent Australian Human Rights Commission on the launch of its Report on Technology, 50% of Australian companies are already using AI to aid decision making. To help successfully respond to these forces in both the public and private sectors, hear from Mark Rigotti, Partner and Senior Adviser in our Sydney office, in conversation with Michael Priddis, CEO of Faethm on the impact of automation on the workforce as a whole and demystify common theories.

On this episode host Steven Jacobs goes solo to discuss the Senate's debate on the trillion dollar infrastructure bill, and the severe ramifications it could have for the US Cryptocurrency industry.

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Amel Fenghour. You can find links to our blog posts on the cases covered in this podcast below: - Supreme Court clarifies proper approach to SAAMCO and to determining scope of duty of care owed by professional advisers https://hsfnotes.com/bankinglitigation/2021/06/23/supreme-court-clarifies-proper-approach-to-saamco-and-to-determining-scope-of-duty-of-care-owed-by-professional-advisers/ - Court of Appeal provides guidance on the “reflective loss” principle and its interaction with the Contracts (Rights of Third Parties) Act 1999 https://hsfnotes.com/bankinglitigation/2021/07/06/court-of-appeal-provides-guidance-on-the-reflective-loss-principle-and-its-interaction-with-the-contracts-rights-of-third-parties-act-1999/ - Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation https://hsfnotes.com/bankinglitigation/2021/07/05/court-of-appeal-clarifies-proper-approach-to-assessing-damages-for-fraudulent-misrepresentation/ - European Commission notice to Lugano Depositary states EU not in a position to consent to UK accession https://hsfnotes.com/litigation/2021/07/07/european-commission-notice-to-lugano-depositary-states-eu-not-in-a-position-to-consent-to-uk-accession/ - HMT reform of prospectus regime: the potential impact on securities litigation https://hsfnotes.com/bankinglitigation/2021/07/19/hmt-reform-of-prospectus-regime-the-potential-impact-on-securities-litigation/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

从反垄断法学理论来说，反垄断法作为规范市场竞争秩序的法律，具有明显的公法性质。但根据各国司法实践，公法性质并不是一个不可突破的障碍。近些年来，在欧美一些国家的立法与司法实践中，部分国家已明确将反垄断争议纳入仲裁事项的范畴。但在中国，反垄断的公共政策性仍然是我国考量可仲裁性的重要因素。那么到底哪些垄断纠纷可以仲裁，哪些类型的又不可仲裁呢？可仲裁性的区分标准又是否是一成不变的呢？本期的反垄断百「科」，我们将和大家一起探讨这些问题。

第4集: 又一重锤！医药企业应当如何做好反垄断合规？ 最近中国的反垄断执法相当活跃，中国国家市场监督管理总局对一些重大案件做出了处罚决定, 包括公布对扬子江药业集团有限公司实施垄断协议行为作出行政处罚的决定书。国家市场监督管理总局同时强调将持续加强医药领域反垄断执法，有效预防和制止垄断行为，切实保护市场公平竞争及维护消费者合法权益和社会公共利益。本期的反垄断百「科」， 我们会重点讨论在中国政府对国内各行业巨头进行大刀阔斧的反垄断执法的大环境下，中国医药企业应当如何做好反垄断合规？

In this episode, Jonathan Cross, Susannah Cogman and Alex Hokenson discuss secondary sanctions, a type of sanctions frequently used by the US in recent years. Jonathan explains what secondary sanctions are and how the US has used secondary sanctions to compel non-US companies to stop dealing with the targets of US sanctions. Susannah explains how the EU and UK have responded to US secondary sanctions and the adoption of blocking legislation to limit their effect. We also discuss several sanctions-related news stories from the US and the UK, including: • New US sanctions against Chinese companies connected to Xinjiang. • The Biden Administration's introduction of a new "Chinese Military-Industrial Complex" sanctions list. • The stalled progress of negotiations between the US and Iran to re-enter the JCPOA. • Western sanctions imposed on Belarus following its recent grounding of an international flight to arrest a journalist. • The UK's introduction of a new global anti-corruption sanctions regime.

In the latest episode in our public M&A podcast series, we once again turn to the topic of shareholders on public M&A transactions and in particular discuss the Spire takeover where shareholders have voted down the scheme to effect the takeover.

In this ninth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to Brexit, and discuss some recent cases on factual witness and expert evidence. We also look at a recent Civil Justice Council report on compulsory ADR and finally we discuss an important Supreme Court decision on the scope of a defendant's duty of care in a professional negligence case. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Jan O'Neill, a professional support lawyer in our litigation team, and Ceri Morgan, a professional support consultant in our banking litigation team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • European Commission notice to Lugano Depositary states EU not in a position to consent to UK accession https://hsfnotes.com/litigation/2021/07/07/european-commission-notice-to-lugano-depositary-states-eu-not-in-a-position-to-consent-to-uk-accession/ • Proposal for EU to join 2019 Hague Judgments Convention https://hsfnotes.com/litigation/2021/07/19/proposal-for-eu-to-join-2019-hague-judgments-convention/ • New regime for trial witness statements does not change law on admissibility https://hsfnotes.com/litigation/2021/07/12/new-regime-for-trial-witness-statements-does-not-change-law-on-admissibility/ • Court orders party to disclose documentation generated at pre-action stage as condition of granting permission for change of expert https://hsfnotes.com/litigation/2021/07/12/court-orders-party-to-disclose-documentation-generated-at-pre-action-stage-as-condition-of-granting-permission-for-change-of-expert/ • Civil Justice Council recommends court-compelled ADR https://hsfnotes.com/adr/2021/07/15/uk-civil-justice-council-recommends-court-compelled-adr/ • Supreme Court clarifies proper approach to determining scope of duty of care owed by a professional adviser https://hsfnotes.com/litigation/2021/06/23/supreme-court-clarifies-proper-approach-to-determining-scope-of-duty-of-care-owed-by-a-professional-adviser/

On this episode Steven Jacobs is joined again by Robert Linnehan, a writer at XLMedia, to discuss recent updates regarding legislation that would legalize mobile sports wagering in New York.

In May 2021 the Federal, State and Territory Ministers met and voted to amend the model Work Health and Safety Regulations which will see the inclusion of specific provisions on psychosocial risks in the Regulations. In this briefing, our national panel of safety experts including Steve Bell (Melbourne), Anna Creegan (Perth), Aaron Anderson (Brisbane) and special counsel Nerida Jessup (Sydney) discuss the impact of impact of psychological safety policy and legal developments on the management of psychosocial risks in the workplace. This podcast briefing is also available to watch as a video, which you can access here https://www.herbertsmithfreehills.com/latest-thinking/australian-employment-industrial-relations-and-safety-webinars

In episode 6, Rebekah and Emma are joined by Andrew Wells from Herbert Smith Freehills’ London office to take a look at a recent report from the European Patent Office and the International Energy Agency, which uses data relating to patent filings to map some fascinating trends in innovation in the clean energy space.

In episode 2 of our Tech Disputes podcast series Revolution or evolution? https://www.herbertsmithfreehills.com/latest-thinking/revolution-or-evolution-technology-and-the-changing-dispute-resolution-landscape we take a look at trade secrets Disputes – protecting your key business information. Innovation needs to happen at a rapid pace. IP rights are key to locking in the investment made in innovation but in the short term, trade secrets can play a very significant role. The increasing number of questions we have been getting from clients over the past few years on trade secrets has been really noticeable. This has been driven by the need to protect tech innovation and key business information, data and business methods that a company wishes to keep exclusively for themselves. Trade secret theft is becoming an increasing issue, whether mediated by cyber-attacks or employees (or ex-employees). The key questions we will cover in this podcast, with practical examples: • Why are trade secrets an important remedy to be able to rely on? • How do you go about protecting trade secrets adequately? • How do you enforce your trade secrets?

In this latest podcast in our Pensions and ESG series, Professor Iain Clacher, Professor of Pensions & Finance at Leeds University Business School and Lead Researcher for Pensions and Asset Management for the new Centre for Greening Finance and Investment, joins Michael Aherne, Pensions Partner, to discuss the plans for the Centre. During the discussion Professor Clacher outlines: • the aims of the Centre and how it will support trustees, asset managers and other stakeholders make more informed decisions on climate related risks (starting at 2:30) • the issues trustees and asset managers need to consider when assessing climate-related risks (starting at 5:10), and • steps trustees can take to learn more about climate-related risks (starting at 20:00). You can find out more about the new Centre for Greening Finance and Investment here - https://ukcgfi.org/ To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog. https://hsfnotes.com/pensions/subscribe/ To view our other pensions podcasts, including the other podcasts in this series, click here https://hsfnotes.com/pensions/?m=podcasts

This month Yana Ivanova has invited one of the prominent figures in the Russian technology sector – Anna Serebryanikova President of the Russian Big Data Association to discuss her opinions on what challenges women face, the opportunities provided, and how women manage complexity in the tech industry today especially during the COVID-19 pandemic.

On this episode Professor Mark Conrad returns to the pod to discuss the landmark SCOTUS decision, NCAA v. Alston, regarding the NCAA's longstanding limits on compensation for college athletes.

Tobias Brinkmann, Miriam Everett and Sian McKinley explore the charged topic of monitoring staff via technology and assessing how such trends are changing the nature of work. Speakers: Tobias Brinkmann (Counsel), Miriam Everett (Partner), Sian McKinley (Senior Associate)

In our latest podcast on diversity in pensions, Lynda Whitney, Partner at Aon and Susan Hoare, Partner and Head of Trustee Governance Service at Aon discuss their new Practical Diversity & Inclusion Guide for Trustees with Partner and Head of Employment, Pensions and Incentives, Samantha Brown. During the conversation, Lynda and Susan share: • examples of the sorts of diversity and inclusion issues trustees face • practical ways to identify and address unconscious bias in trustee decision making, and • how to attract a diverse range of candidates onto a trustee board. To access Aon's Guide, please click here: https://www.aon.com/getmedia/55b5e8a2-dde3-458a-8758-c4073bb0bde6/Aon-Practical-Diversity-and-Inclusion-for-Trustees.aspx To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog. www.hsfnotes.com/pensions/subscribe/ To view our other pensions podcasts, including the other podcasts in this series, click here: www.hsfnotes.com/pensions/?m=podcasts

As many organisations grapple with historical claims and the aggressive approach being adopted by the regulator, the Fair Work Ombudsman, this podcast briefing will provide practical guidance and insights for employers, including what we are seeing in relation to underpayment issues, self-reporting and our experience using external accounting firms to conduct compliance audits, and what do managers and directors need to do to manage the due diligence obligations under the Victorian wage theft laws, and what are the chances this will be expanded nationally. Featuring partners Anthony Wood (Melbourne) and Anna Creegan (Perth), with Executive Counsel Wendy Fauvel (Brisbane) and Senior Associate Rommo Pandit (Sydney) This podcast briefing is also available to watch as a video, which you can access here: https://www.herbertsmithfreehills.com/latest-thinking/australian-employment-industrial-relations-and-safety-webinars

Listen to the inaugural podcast launching our Women in Tech series. In this monthly interview series we host a virtual fireside chat with a leading female figure in the technology sector to discuss their personal experience of working in the industry and their take on current opportunities and potential challenges. This month Alexandra Neri has had the pleasure of speaking with Google's Maria Gomri who shares her views on steps taken to support the growth of women within the industry and how one can flourish in today's environment. Watch the video version here: https://www.herbertsmithfreehills.com/latest-thinking/women-in-tech Alexandra Neri, Partner, Head of IP/IT, Herbert Smith Freehills Maria Gomri, Head of Legal France, Middle East and North Africa, Google

Anti-bribery and anti-competition enforcement trends and other developments We take stock the status of corporate enforcement actions so far in 2021 under long-arm anti-corruption (US FCPA/UK Bribery Act) and anti-competition legislations/ regulations, and consider whether and how the enforcement agencies' approach might change in the remainder of the year and beyond. Should compliance teams be concerned and what can they be doing now? In the third episode of our Japan Corporate Crime and Investigations Podcast Series, Yosuke Homma https://www.herbertsmithfreehills.com/our-people/yosuke-homma hosts Jeremy Birch https://www.herbertsmithfreehills.com/our-people/jeremy-birch, James Allsop https://www.herbertsmithfreehills.com/our-people/james-allsop and Joel Rheuben https://www.herbertsmithfreehills.com/our-people/joel-rheuben to discuss these issues. Speakers: Yosuke Homma (Senior Associate, Tokyo), Jeremy Birch (Partner, Hong Kong), James Allsop (Of Counsel, Tokyo), Joel Rheuben (Senior Associate, Tokyo)

In episode five, listen to part two of our panel event “Will tech eat our cities?” which was hosted in Sydney, Australia on 8 June 2021. Panel host Nicholas Carney (Infrastructure Partner) is joined by local guests Amy Brown (Chief Executive Officer, Investment NSW), Avi Naidu (Managing Partner, Taronga Ventures) and Tibor Schwartz, Senior Advisor, Asset Management, QIC Global infrastructure) to continue the discussion on the role technology has to play in the future of our cities. To listen to part one please click here: https://soundcloud.com/herbert-smith-freehills/future-cities-ep4-will-tech-eat-our-cities-panel-event-part-1

In episode four, listen to part one of our panel event “Will tech eat our cities?” which was hosted in Sydney, Australia on 8 June 2021. Our hosts Nicholas Carney (Infrastructure Partner) and Peter Jones (Technology Partner) are joined by local guests Amy Brown (Chief Executive Officer, Investment NSW), Avi Naidu (Managing Partner, Taronga Ventures) and Tibor Schwartz (Senior Advisor, Asset Management, QIC Global infrastructure) to consider the role technology has to play in the future of our cities. To listen to part two please click here: https://soundcloud.com/herbert-smith-freehills/future-cities-ep5-will-tech-eat-our-cities-panel-event-part-2

In the latest episode of our Public Law Podcast, Andrew Lidbetter, Nusrat Zar and Vikram Sachdeva QC of 39 Essex consider the Government’s recent consultation on judicial review following the Independent Review of Administrative Law submitted in January. You can read more about the issues discussed in this episode in the following blog posts: • HSF responds to Government’s Consultation on Judicial Review Reform https://hsfnotes.com/publiclaw/2021/05/14/hsf-responds-to-governments-consultation-on-judicial-review-reform/ • Publication of the Independent Review of Administrative Law’s Report and a Government Consultation into Judicial Review https://hsfnotes.com/publiclaw/2021/03/19/publication-of-the-independent-review-of-administrative-laws-report-and-a-government-consultation-into-judicial-review/

In this episode, Harry Edwards, Peter Butler and Kara Butler will discuss how to respond to a class action threat and the immediate steps that companies should take.

In episode 5, Emma and Rebekah are joined by their HSF colleague, Aaron Hayward, to talk about the recent decision on copyright and trade mark infringement in proceedings initiated by AGL over a Greenpeace advertising campaign targeting AGL.

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Annabel Davis. You can find links to our blog posts on the cases covered in this podcast below: • Court of Appeal confirms that the Quincecare duty does not extend to protect creditors https://hsfnotes.com/bankinglitigation/2021/04/26/court-of-appeal-confirms-that-the-quincecare-duty-does-not-extend-to-protect-creditors/ • Banking Litigation Podcast Episode 25: Special Edition– The Quincecare Duty of Care https://hsfnotes.com/bankinglitigation/2021/04/23/banking-litigation-podcast-episode-25-special-edition-the-quincecare-duty-of-care/ • High Court strikes out time-barred claims holding that banks did not deliberately conceal facts so as to extend the limitation period https://hsfnotes.com/bankinglitigation/2021/05/07/high-court-strikes-out-time-barred-claims-holding-that-banks-did-not-deliberately-conceal-facts-so-as-to-extend-limitation/ • High Court considers doctrine of frustration in Covid context and confirms there is no such thing as “temporary frustration” https://hsfnotes.com/litigation/2021/05/20/high-court-considers-doctrine-of-frustration-in-covid-context-and-confirms-there-is-no-such-thing-as-temporary-frustration/ • Parent companies’ documents found to be in subsidiaries’ control for disclosure purposes https://hsfnotes.com/litigation/2021/04/23/parent-companies-documents-found-to-be-in-subsidiaries-control-for-disclosure-purposes/ • High Court considers scope of jurisdiction and meaning of records under Bankers’ Book Evidence Act 1879 https://hsfnotes.com/bankinglitigation/2021/04/12/high-court-considers-scope-of-jurisdiction-and-meaning-of-records-under-bankers-book-evidence-act-1879/ • Duty of Care – countdown to the much anticipated FCA consultation https://hsfnotes.com/bankinglitigation/2021/05/11/duty-of-care-countdown-to-the-much-anticipated-fca-consultation/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/ Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Annabel Davis (Professional Support Paralegal)

Fences and ambulances: Disputes between IT customers and suppliers. The first episode in our latest podcast series "Revolution or evolution? Technology and the changing dispute resolution landscape" takes a look into disputes involving IT contracts (whether relating to major transformational or sourcing programmes or managed services) in three bitesize chunks. In part 1, we discuss the types of disputes we see arising between tech suppliers and customers. Speakers: Rachel Lidgate (Partner) Martin Hevey (Senior Associate) Jeremy Purton (Senior Associate)

Fences and ambulances: Ambulances at the bottom – dealing with when it goes wrong. The first episode in our latest podcast series "Revolution or evolution? Technology and the changing dispute resolution landscape" takes a look into disputes involving IT contracts (whether relating to major transformational or sourcing programmes or managed services) in three bitesize chunks. In part 3, we look at legal routes and practical considerations once parties are in dispute. Speakers: Rachel Lidgate (Partner) Martin Hevey (Senior Associate) Jeremy Purton (Senior Associate)

Fences and ambulances: Fences at the top – mitigating risk early and often. The first episode in our latest podcast series "Revolution or evolution? Technology and the changing dispute resolution landscape" takes a look into disputes involving IT contracts (whether relating to major transformational or sourcing programmes or managed services) in three bitesize chunks. In part two we consider what can be done when contracting to reduce the risk of disputes further down the line and what strategies can assist parties when contentious issues emerge during a project. Speakers: Rachel Lidgate (Partner) Martin Hevey (Senior Associate) Jeremy Purton (Senior Associate)

In episode three, infrastructure partner Nicholas Carney is joined by partners Silke Goldberg and Timothy Stutt from our global ESG leadership team, to discuss why ESG is a core element of city planning and to bring you examples of how different cities from across the world are embracing ESG to build back better.

Looking beyond the pandemic, we discuss our key predictions for consumer M&A in 2021. Speakers: Malika Chandrasegaran, Partner, Sydney and Joseph Fisher, Partner, Tokyo

In episode 4, Emma and Rebekah are joined by corporate tax expert, Michael Anderson of Greenwoods & Herbert Smith Freehills to talk about the proposed patent box regime announced in the recent Federal budget, and unpack what is going on behind the proposal.

HSF Tokyo senior associate Joel Rheuben https://www.herbertsmithfreehills.com/our-people/joel-rheuben is joined by Yusuke Takamiya https://www.mhmjapan.com/en/people/staff/743.html, a partner at leading Japanese law firm Mori Hamada & Matsumoto, to discuss recent developments in cartel investigation and leniency practices. Recent amendments to Japan's Antimonopoly Law have provided the Japan Fair Trade Commission (JFTC) with wider discretion in setting cartel fines, with the aim of encouraging greater cooperation from cartel leniency applicants. At the same time, the JFTC has promised greater protection for confidential attorney-client communications during cartel investigations. This podcast provides an overview of these developments, as well as a counterpoint from the recent practice of jurisdictions outside of Japan. A Japanese language version of this podcast is also available.

カルテル調査とリーニエンシー制度—国内外の最新動向（日本語版） 当事務所シニア・アソシエイト、ジョエル・ルーベン https://www.herbertsmithfreehills.com/our-people/joel-rheuben が森・濱田松本法律事務所のパートナーである高宮雄介弁護士 https://www.mhmjapan.com/ja/people/staff/743.html] を特別にお招きして、日本国内外におけるカルテル調査とリーニエンシー制度の最近の動向について意見を交わします。 HSF Tokyo senior associate Joel Rheuben https://www.herbertsmithfreehills.com/our-people/joel-rheuben is joined by Yusuke Takamiya https://www.mhmjapan.com/en/people/staff/743.html, a partner at leading Japanese law firm Mori Hamada & Matsumoto, to discuss recent developments in cartel investigation and leniency practices, both in and outside of Japan.

On this episode Steven Jacobs is joined by poker pro and host of PokerFraudAlert Radio, Todd Witteles. The two first discuss whether the law ought to treat poker as a form of gambling, and then discuss a scandal that rocked the poker universe, and the lawsuit that followed.

Cheese, olives and honey: A sticky situation for “geographical indications” In episode 3, Emma and Rebekah talk “geographical indications” – what are they, why are they hitting the news, and what has it all got to do with cheese and honey?

Trends in Advertising Claims in China - Is there a fine line between yes and no? Consumer behaviour continues to be impacted by COVID-19, with the ‘homebody economy’ seemingly here to stay in 2021. We discuss the resulting trends in advertising claims in China, for example the increasing link between “clean” and “safe” for household care products. Misleading claims may lead to regulatory investigation initiated by the regulators and class actions brought by consumers, we discuss some of the rules and considerations to keep top of mind with your marketing team. Speaker: Cathy Liu, Partner, HSF Kewei

In this eighth episode of our series of commercial litigation update podcasts, we will give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties having agreed a settlement. We will also look at some of the very few English cases to date which consider frustration and force majeure in the context of the Covid-19 pandemic. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Gayatri Gogoi, an associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • European Commission recommends that EU reject UK bid to join Lugano Convention https://hsfnotes.com/litigation/2021/05/04/european-commission-recommends-that-eu-reject-uk-bid-to-join-lugano-convention/ • Brexit: key practical implications for disputes and dispute resolution clauses https://hsfnotes.com/litigation/2021/01/26/brexit-key-practical-implications-for-disputes-and-dispute-resolution-clauses/ • Parent companies’ documents found to be in subsidiaries’ control for disclosure purposes https://hsfnotes.com/litigation/2021/04/23/parent-companies-documents-found-to-be-in-subsidiaries-control-for-disclosure-purposes/ • Commercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documents https://hsfnotes.com/litigation/2021/05/05/commercial-court-finds-witness-evidence-less-reliable-where-witnesses-did-not-refresh-memories-from-contemporaneous-documents/ • Court of Appeal confirms fraud exception to without prejudice (WP) rule extends to cases where a party wishes to rely on WP statements to rebut allegations that a settlement agreement is invalid https://hsfnotes.com/litigation/2021/04/22/court-of-appeal-confirms-fraud-exception-to-without-prejudice-wp-rule-extends-to-cases-where-a-party-wishes-to-rely-on-wp-statements-to-rebut-allegations-that-a-settlement-agreement-is-invalid/ • High Court agrees not to hand down judgment where settlement was reached after parties received draft judgment https://hsfnotes.com/litigation/2021/03/25/high-court-agrees-not-to-hand-down-judgment-where-settlement-was-reached-after-parties-received-draft-judgment/ • High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit https://hsfnotes.com/bankinglitigation/2021/03/24/high-court-finds-alleged-frustration-of-contract-due-to-covid-19-pandemic-is-not-sufficiently-arguable-to-grant-injunction-restraining-demand-under-letter-of-credit/ • High Court considers doctrine of frustration in Covid context and confirms there is no such thing as “temporary frustration” https://hsfnotes.com/litigation/2021/05/20/high-court-considers-doctrine-of-frustration-in-covid-context-and-confirms-there-is-no-such-thing-as-temporary-frustration/ • High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic https://hsfnotes.com/litigation/2021/05/25/high-court-considers-operation-of-force-majeure-clause-where-party-had-to-self-isolate-for-12-weeks-due-to-covid-19-pandemic/

In episode two of our Future Cities podcast, partner Nicholas Carney is joined by Lewis McDonald (Global Head of Energy) and Matthew White (Head of Planning, London), to discuss the pressing need to make our energy consumption more efficient and cut emissions as our cities continue to grow.

This episode will explore the recent copyright case involving Clive Palmer and his use of the Twisted Sister hit “We’re Not Gonna Take It” including what arguments were raised in defence of the copyright infringement claim and the nature of the final remedies. Click here to read our IP team’s overview of this case: https://www.herbertsmithfreehills.com/latest-thinking/copyright-owners-%E2%80%9Cdon%E2%80%99t-have-to-take-it%E2%80%9D-federal-court-of-australia-awards

The Covid-19 pandemic has had an inevitable impact on operational challenges for businesses, including commonly covered issues such as technical limitations and maintaining business continuity. One area that has not escaped the changes brought about by the pandemic is the conduct of investigations. Businesses conducting investigations, already facing a number of competing demands on their resources, must now grapple with the added challenges raised by remote investigations including practical considerations and navigating tricky areas such as privacy and confidentiality. In the second episode of our Japan Corporate Crime and Investigations Podcast Series, James Allsop https://www.herbertsmithfreehills.com/our-people/james-allsop, Elaine Wong https://www.herbertsmithfreehills.com/our-people/elaine-wong and Michael McErlaine https://www.herbertsmithfreehills.com/our-people/michael-mcerlaine discuss some of these challenge, and practical steps for the effective running of remote investigations. Speakers: James Allsop (Of Counsel, Tokyo), Elaine Wong (Partner, Singapore), Michael McErlaine (Senior Associate, Tokyo)

This is the first in our series exploring the findings in ACICA’s Australia Arbitration Survey. The survey unearthed some really promising data regarding the scale of arbitration activity occurring in Australia – most notably, it found evidence of 223 unique arbitrations active over a 3 year period with a combined value in dispute estimated at around $35 billion. However, the survey also revealed some confronting statistics regarding the diversity of arbitrator appointments, notably, that more than 90% of arbitrators appointed to arbitrations with an Australian connection were male. Those arbitrators were similarly likely to be either Australian or English. Our guests discuss these diversity statistics and the measures aimed at tackling this imbalance: • Deborah Tomkinson, Secretary General, Australian Centre for International Commercial Arbitration (ACICA) • Paula Hodges, Head of Global Arbitration Practice, Herbert Smith Freehills • Chad Catterwell, Partner, Herbert Smith Freehills • Guillermo Garcia-Perrote, Senior Associate, Herbert Smith Freehills

This episode will explore issues around the possible patent waiver of IP rights related to COVID-19 vaccines by the WTO including what is actually being proposed and the complexities in providing equitable access to the vaccines.

Workplace Mental Wellness: Thoughts and experiences on how to lead and motivate in times of such uncertainty. To mark Mental Health Awareness Week #MHAW21, Tim Leaver is joined by Sam Brown, a partner in our Pensions team and UK Regional Head of Employment, Pensions & Incentives for a discussion on workplace mental health and wellness, how the pandemic has impacted our wellbeing and awareness of our mental health and they share tips and personal experiences of how as leaders they are mindful of this and have motivated their teams. Speaker details and title: Tim Leaver, Partner, Employment., HSF, Samantha Brown, Partner, Pensions and UK Regional Head of Employment, Pensions & Incentives

In our next episode, the team looks at non-competes; the current status of the law in this area and the proposed changes the Government is considering; what are the practical implications of these changes? Speakers: Tim Leaver, Partner, Employment, Christine Young, Partner, Employment and Nick Wright, Senior Associate, Employment.

'Shadow bidding' – when does an approach about a possible offer have to be announced? In the latest episode in our public M&A podcast series, we discuss when an approach to a target about a possible takeover offer has to be announced. This is a topic that has been discussed in the press recently, amid complaints from shareholders, who only discovered once a firm offer was announced that the target had received a number of approaches prior to the firm offer announcement, and reports that the Takeover Panel are reviewing the rules around announcing an approach. In the podcast we discuss: • the current Takeover Code requirements around announcing an approach; • the announcement obligations in the Market Abuse Regulation; and • our thoughts on whether the rules need to be reformed.

The Covid-19 pandemic has had an inevitable impact on operational challenges for businesses, including commonly covered issues such as technical limitations and maintaining business continuity. But there has also been a significant spike in compliance issues which have arisen due to the shift to remote or agile working globally, which could have equally serious ramifications for businesses if not managed effectively. Such risks include maintaining confidentiality, technology risks, mitigating material breaches, and anti-bribery and corruption – to name a few. In the first episode of our Japan Corporate Crime and Investigations Podcast Series, David Gilmore https://www.herbertsmithfreehills.com/our-people/david-gilmore, Craig Shepherd https://www.herbertsmithfreehills.com/our-people/craig-shepherd and James Allsop https://www.herbertsmithfreehills.com/our-people/james-allsop discuss some key compliance risks in the workplace, and practical steps for management and teams to implement in order to mitigate or manage these risks.

In this podcast, Caroline Escott, Trustee of the Standard Life Master Trust, shares her views on diversity in the pensions and financial services sectors with Professional Support Consultant, Tim Smith. During the conversation, Caroline discusses: - her career journey to date - her views on how the pensions and financial services industries are performing when it comes to diversity and inclusion - obstacles and challenges she has faced related to diversity and inclusion - steps that can be taken to encourage diversity (including diversity of thought) among trustees. To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog. hsfnotes.com/pensions/subscribe/ To view our other pensions podcasts, including the other podcasts in this series, click here: hsfnotes.com/pensions/?m=podcasts

On this episode Steven Jacobs is joined by Danielle Langhoff and Yasmin Mitha, experts on addiction-related legal claims and regulation, to discuss loot boxes, social casinos, and gaming apps that may target children with addictive in-game purchases which include randomized rewards—creating what some have referred to as a "gambling apprenticeship." The discussion touches upon how these games may run afoul of gambling laws, the lawsuits we are seeing in this area, and best practices for game developers to avoid legal risk.

There are a number of key issues that businesses need to be mindful of when considering strategic realignment of their supply chain. In this video we explore these issues, together with predictions in light of Covid-19. Speakers: Chad Catterwell, Partner, Melbourne and Kathryn Sanger, Partner, Hong Kong

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Mannat Sabhikhi. You can find links to our blog posts on the cases covered in this podcast below: - High Court determines that reliance issues in context of a s.90A FSMA claim should be heard at first trial https://hsfnotes.com/bankinglitigation/2021/04/16/high-court-determines-that-reliance-issues-in-context-of-a-s-90a-fsma-claim-should-be-heard-at-first-trial/ - High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period https://hsfnotes.com/bankinglitigation/2021/03/10/high-court-strikes-out-s-90a-fsma-claims-for-failure-to-comply-with-pre-service-joinder-rules-following-expiration-of-arguable-limitation-period/ - Supreme Court allows appeal in jurisdictional challenge relating to parent company duty of care https://hsfnotes.com/bankinglitigation/2021/02/15/supreme-court-allows-appeal-in-jurisdictional-challenge-relating-to-parent-company-duty-of-care/ - High Court considers principles relating to cut-off dates and the costs of advertising in group litigation https://hsfnotes.com/litigation/2021/02/11/high-court-considers-principles-relating-to-cut-off-dates-and-the-costs-of-advertising-in-group-litigation/ - High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation https://hsfnotes.com/bankinglitigation/2021/03/19/high-court-finds-that-a-claimants-awareness-of-a-representation-is-an-essential-prerequisite-to-a-claim-for-misrepresentation/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

The latest edition of our Regulation in Focus podcast series features Clive Cunningham and Andrew Procter, both partners in our FSR practice, in conversation about the milestone publication of the UK regulators’ final policies on operational resilience. https://hsfnotes.com/fsrandcorpcrime/2021/04/07/uk-regulators-release-final-operational-resilience-policies/ The discussion ranges from the challenges for senior managers to the nuances of setting impact tolerances in dual regulated firms to the wider global context. Speakers: Clive Cunningham, Partner and Andrew Procter, Partner

Huge swathes of column inches have been dedicated to the UK government’s business interruption loan support schemes, but little has been said to date about the implications of these schemes unwinding. Jenny Stainsby is joined by James Palmer and John Chetwood to discuss the dual challenges of recapitalisation and managing financial distress.

Leah Watterson, Senior Associate, Melbourne Consumer companies face current and emerging class action risks from a range of areas including corporate disclosure and employment issues. We highlight the key areas to keep an eye on in 2021.

In this special edition of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments - the Quincecare duty of care. This episode is hosted by Ceri Morgan, a professional support consultant in our banking litigation team, who is joined by Mark Tanner and Scott Warin. Quincecare duty claims typically arise where a bank or deposit holding financial institution has received a payment mandate from an authorised signatory of its customer, and executed the order, in circumstances where (allegedly) there were red flags to suggest that the order was an attempt to misappropriate the funds of the customer. The past few years have witnessed an uptick in such claims, with a proliferation of judgments being handed down in quick succession since the Supreme Court’s decision in Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 https://www.supremecourt.uk/cases/docs/uksc-2018-0039-judgment.pdf. In our podcast, we discuss how these judgments have defined both the scope of the duty, and the potential tools in the armoury of banks to defend these claims. You can find links to our blog posts on the cases covered in this podcast below: • Court of Appeal judgment on scope and exclusion of “Quincecare” duty of care https://hsfnotes.com/bankinglitigation/2019/10/22/court-of-appeal-judgment-on-scope-and-exclusion-of-quincecare-duty-of-care/ • Supreme Court upholds first successful claim for breach of the so-called “Quincecare” duty of care https://hsfnotes.com/bankinglitigation/2019/10/31/supreme-court-upholds-first-successful-claim-for-breach-of-the-so-called-quincecare-duty-of-care/ • High Court refuses to strike out Quincecare duty claim against a PSP where its customer was hijacked by fraudsters https://hsfnotes.com/bankinglitigation/2020/09/23/high-court-refuses-to-strike-out-quincecare-duty-claim-against-a-psp-where-its-customer-was-hijacked-by-fraudsters/ • High Court provides further insights on the risks of Quincecare claims against banks https://hsfnotes.com/bankinglitigation/2020/12/17/high-court-provides-further-insights-on-the-risks-of-quincecare-claims-against-banks/ • High Court confirms current scope of Quincecare duty is limited to protecting corporate customers and does not extend to individuals https://hsfnotes.com/bankinglitigation/2021/01/26/high-court-confirms-current-scope-of-quincecare-duty-is-limited-to-protecting-corporate-customers-and-does-not-extend-to-individuals/ • Hong Kong court refuses to expand scope of Quincecare duty https://hsfnotes.com/asiadisputes/2021/04/19/banks-may-rest-assured-as-hong-kong-court-refuses-to-expand-scope-of-quincecare-duty/ Don't forget to subscribe to the banking litigation blog: https://hsfnotes.com/bankinglitigation/subscribe/

Join Herbert Smith Freehills’ Employment team for a coffee catch up as they discuss current hot topics impacting the employment sphere. In this, first episode, the team looks at returning to work in the UK following the Covid-19 pandemic. They tackle issues including the roadmap for returning to work; the implications of a no jab no job policy and whether employers should be focussing on getting negative tests rather than jabs. Speakers: Tim Leaver, Partner, Employment, Christine Young, Partner, Employment and David Palmer, Senior Associate, Employment

On this emergency episode Steven Jacobs is joined by Robert Linnehan, a writer at XLMedia, to discuss recently-publicized legislation that would legalize mobile sports wagering in New York.

Peter Jones, Partner, Sydney and David J Ryan, Senior Associate, Melbourne The value of data as a genuine asset cannot be doubted for the consumer sector, but will the future continue to allow the current forms of data analysis and monetisation. Or are we on the cusp of a significant political, societal and regulatory backlash?

In this episode, Alan Mitchell and Aoife Xuereb discuss the recent introduction of group costs orders in class actions commenced in Victoria and issues that arise in security for costs applications in class action proceedings.

In the latest episode in our public M&A podcast series, we discuss the changes to the Takeover Code that will come into force on 5 July 2021. The changes will: • update the rules on regulatory clearances, including removing the historical, special status for EU merger clearance and UK Competition and Markets Authority (CMA) clearance; • simplify the timetable for contractual offers; and • introduce a flexible contractual offer timetable, to accommodate regulatory timetables which run for longer than 60 days. Speakers: Antonia Kirkby, Professional Support Lawyer Mark Bardell, Partner

This podcast is a deep dive into an issue that impacts you, and all FCA regulated firms – treating vulnerable customers fairly. It features Karen Anderson, Cat Dankos and Ben Goodman from our contentious financial services regulatory practice in London, discussing the FCA’s aim of ensuring that vulnerable consumers experience outcomes as good as other consumers and receive consistently fair treatment across all FCA-regulated firms and sectors. Speakers: Karen Anderson (Partner), Cat Dankos (Regulatory Consultant) and Ben Goodman (Of Counsel)

Natalie Gaspar, Partner, Melbourne and Fatim Jumabhoy, Partner, Singapore 2021 and beyond will likely see a rise in workplace complaints from employees. We discuss how to prepare, and how the union movement might respond more generally to ESG issues.

On this episode Steven Jacobs is joined by Natasha Blycha, the Global Head of Digital Law at Herbert Smith Freehills and an expert on blockchain and distributed ledger technology. Jacobs and Blycha discuss this revolutionary technology and how it may further disrupt the legal world (and the gambling world). The discussion includes a focus on cryptocurrencies, non-fungible tokens, and smart contracts.

What do the Government's audit and corporate governance reform proposals mean for companies? In this podcast, we discuss the UK Government's long awaited consultation paper on audit and governance reform with the Financial Reporting Council's Kate O'Neill, Director of Stakeholder Engagement and Corporate Affairs, and Miranda Craig, Director of Strategy and Change. The consultation paper proposes some fundamental reforms in a number of areas in relation to audit, corporate governance and corporate reporting. In this podcast we consider some of the key issues for corporates including in relation to director liability and accountability, risk management and internal control process and procedures and audit and assurance. Visit the FRC website to hear more about the consultation and share your views. https://www.frc.org.uk/https/www-frc-org-uk/frc-for-you/beis-consultation-document-2021/how-you-can-hear-more-about-the-consultation-and-s Speakers: Gareth Sykes, Of Counsel, Kate O'Neill, Director of Stakeholder Engagement and Corporate Affairs and Miranda Craig, Director of Strategy and Change at the Financial Reporting Council

Businesses who deal with consumers will generally wish to have a good relationship with Government, regulators and other public authorities. However, there are times when a company’s interests are such that they come into conflict. At those times companies may wish to consider how that conflict might be resolved if it were to reach court. Last June, we created a guide to Regulatory Disputes in the Consumer Sector https://sites-herbertsmithfreehills.vuturevx.com/20/21553/landing-pages/public-law-consumer-cases.pdf. This guide is designed for businesses that interact with consumers, for example, selling products to the public direct or through retailers, who might have to consider how to proceed when regulatory matters become contentious, and indeed those who work at regulators themselves. The guide collates a number of significant cases from recent years to demonstrate how administrative law principles work in practice within this sector. However, since we published the guide, there have been additional and significant developments, in particular due to the impact of the UK leaving the EU. Andrew Lidbetter, Jasveer Randhawa and Hannah Lau have therefore recorded a podcast giving an update on the post-Brexit landscape and other important developments, to build on the guide.

In the latest episode in our public M&A podcast series, we look at recent situations where we have seen shareholders influence a bid situation, whether by: • encouraging M&A • affecting M&A or • threatening M&A. Speakers: Antonia Kirkby, Professional Support Lawyer and Greg Mulley, Partner

Cellia Cognard, International Counsel HBT We predict that the strong will get stronger in 2021. In spite of COVID-19, e-commerce will continue to be the main growth driver riding the massive digital adoption wave in Indonesia.

In this seventh episode of our series of commercial litigation update podcasts, we consider: developments relating to disclosure and witness evidence, including an update on reforms in both areas; some recent cases relating to class actions; and the impact of Brexit in the insolvency context. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Andrew Cooke, a senior associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Court of Appeal orders defendants to request their employees and ex-employees to produce personal devices for inspection to identify documents in defendants’ control https://hsfnotes.com/litigation/2021/02/10/court-of-appeal-orders-defendants-to-request-their-employees-and-ex-employees-to-produce-personal-devices-for-inspection-to-identify-documents-in-defendants-control/ • Court of Appeal finds trial should be adjourned due to unavailability of important witness https://hsfnotes.com/litigation/2021/03/03/court-of-appeal-finds-trial-should-be-adjourned-due-to-unavailability-of-important-witness/ • Article published – Disclosure Pilot Scheme: a potential way forward? https://hsfnotes.com/litigation/2020/09/30/article-published-disclosure-pilot-scheme-a-potential-way-forward/ • Article published – New rules on trial witness statements from 6 April 2021: what should you be doing now? https://hsfnotes.com/litigation/2021/03/10/article-published-new-rules-on-trial-witness-statements-from-6-april-2021-what-should-you-be-doing-now/ • Okpabi v Shell: Supreme Court allows appeal in jurisdictional challenge relating to parent company duty of care https://hsfnotes.com/litigation/2021/02/15/okpabi-v-shell-supreme-court-allows-appeal-in-jurisdictional-challenge-relating-to-parent-company-duty-of-care/ • High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period https://hsfnotes.com/litigation/2021/03/10/high-court-strikes-out-s-90a-fsma-claims-for-failure-to-comply-with-pre-service-joinder-rules-following-expiration-of-arguable-limitation-period/ • High Court considers principles relating to cut-off dates and the costs of advertising in group litigation https://hsfnotes.com/litigation/2021/02/11/high-court-considers-principles-relating-to-cut-off-dates-and-the-costs-of-advertising-in-group-litigation/ • Cross-border insolvencies in the UK and the EU – a quick guide https://hsfnotes.com/litigation/2021/02/04/cross-border-insolvencies-in-the-uk-and-the-eu-a-quick-guide/ • Impact of Brexit on applicable law in cross-border insolvencies https://hsfnotes.com/litigation/2021/02/25/impact-of-brexit-on-applicable-law-in-cross-border-insolvencies/

In the second episode in our series on diversity in pensions, Samantha Brown Head of Employment, Pensions and Incentives at Herbert Smith Freehills, is joined by Tracy Blackwell, CEO of Pension Insurance Corporation (PIC) and they discuss: • the purpose of finance • the importance of businesses having a purpose and how impacts on their culture and on diversity • how PIC has defined its own purpose and culture, and • how PIC promotes diversity within its workforce. This discussion on the purpose of finance builds on PIC's report https://www.pensioncorporation.com/media/100020/the-purpose-of-finance-report-2017.pdf on this topic published in March 2017.

In 2020, the AHRC Respect@Work report called out sexual harassment as fundamentally a WHS issue, to which safety policy makers and regulators ought to take a greater education and compliance role. Following on from the release of that report, SafeWork Australia has released its 2021 guidance material on Preventing Workplace Sexual Harassment. Partners Aaron Anderson (Brisbane) and Drew Pearson (Sydney) and Special Counsel Nerida Jessup (Sydney) discussed the employment and WHS obligations employers need to be aware of to prevent sexual harassment and gendered violence in the workplace, as well as considerations and risks in employer intervention and response to incidents and complaints.

In this latest podcast in our series on Pensions and ESG, Michael Aherne, Of Counsel, discusses what it means to implement a responsible investment strategy in practice with Caroline Escott, Senior Investment Manager at RPMI Railpen. In particular, Caroline shares: • how her interest in responsible investment and stewardship began and her career journey to date • how RPMI Railpen is preparing for the new governance and disclosure requirements relating to climate risks, and • her views on how to engage with members on ESG and responsible investment.

In this episode Steven Jacobs is joined by Professor Mark Conrad, an expert on sports law and gambling law who teaches at the Gabelli School of Business at Fordham University, to discuss the law of sports gambling in the United States. Billions of dollars are bet on US sporting events every year, but until recently, this betting was unlawful in nearly every state. Jacobs and Conrad unpack the history of these laws and discuss this rapidly changing legal landscape in the wake of a landmark 2018 Supreme Court decision.

Tim Stutt, Senior Associate and Australian Lead, ESG, Melbourne. Environmental, social and governance (ESG) issues are increasingly playing an important role in the way consumer companies engage with customers, employees, regulators and investors.

In this podcast, we discuss the Financial Reporting Council's Review of Corporate Governance Reporting with Maureen Beresford, Head of Corporate Governance at the FRC. The Review is the first to consider reporting in accordance with the 2018 edition of the UK Corporate Governance Code and considers issues including, compliance with the Code; purpose, culture and values; succession planning; diversity and stakeholder engagement. We discuss each of these themes in this podcast and look ahead to the 2021 AGM season. Speakers: Gareth Sykes, Of Counsel and Maureen Beresford, Head of Corporate Governance at the Financial Reporting Council

In this episode, Christine Tran, Ante Golem and Helen Mould are joined by special guest Sophie East of Bell Gully as they compare and contrast the proposed class action regime and regulation of commercial litigation funding in New Zealand against current activity in Australia.

Craig Tevendale, Chris Parker and Rebecca Warder look at the results of the HSF/LCAM survey on mediation and arbitration and what these results tell us about the current profile of mediation in arbitration Speakers: Craig Tevendale (Partner, Head of the International Arbitration group in London), Chris Parker (Partner, International Arbitration group in London), Rebecca Warder (Professional Support Lawyer, International Arbitration group in London)

In this podcast, Samantha Brown, Partner and Regional Head of Employment, Pensions & Incentives at Herbert Smith Freehills discusses: • the new criminal offences and civil fines contained in the Act and how concerned directors of DB sponsors and related parties should be about them • the impact that these offences and sanctions are likely to have in practice • the range of other new powers the Regulator has been given, and • when these new powers are likely to come into force. To access the other podcasts in this series visit our Pension Schemes Act soundbites collection.

In this podcast, pensions Partner, Rachel Pinto, discusses: - the new statutory funding requirements that will soon be in force for DB schemes - the impact that these are likely to have on schemes and sponsors - how the new requirements will be enforced by the Pensions Regulator, and - key themes from the Regulator's new Code of Practice on funding DB schemes.

In this podcast, Michael Aherne, Of Counsel in the Pensions teams, discusses: - the new requirements relating to climate change in the Pension Schemes Act 2021 - how significant these are for the industry - whether the industry is prepared to comply with these new requirements, and - the timeline for these new requirements to come into force.

In this podcast, John Whiteoak, Partner and Head of the Restructuring & Insolvency at Herbert Smith Freehills, shares his views on: • how the new criminal offences and regulatory sanctions affect directors' legal duties in a distress scenario • what impact they will have on distressed M&A and the scope for restructuring distressed DB sponsors • how the new offences and sanctions interact with the new restructuring mechanisms introduced by the Corporate Insolvency and Governance Act 2020 • the outlook for restructuring and insolvency activity in 2021 and beyond. To access the other podcasts in this series visit our Pension Schemes Act soundbites collection.

Steve Ruddock, Editor-in Chief of Gaming Law Review and Content Director for BettingUSA.com, joins Steven Jacobs for a deep dive regarding the always opaque and sometimes absurd online poker laws in the US, past and present. The discussion includes legal analysis of and industry anecdotes regarding the laws that have impacted online poker spanning from the rise of the internet in the early 2000s, through today.

In this introductory podcast, Tim Smith, pensions professional support lawyer, discusses: • what led to the introduction of the Pension Schemes Act • why it is significant • what impact it is likely to have in practice, and • when the key provisions will come into force. To access the other podcasts in this series visit our Pension Schemes Act soundbites collection.

Aoife Xuereb, Senior Associate, Melbourne In this video, senior associate Aoife Xuereb discusses 5 predictions for product safety in Australia in 2021 from an enforcement and class action perspective.

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Harriet Tolkien. You can find links to our blog posts on the cases covered in this podcast below: • High Court considers First Tower judgment in the context of no-advice clauses and confirms UCTA does not apply https://hsfnotes.com/bankinglitigation/2020/12/09/high-court-considers-first-tower-judgment-in-the-context-of-no-advice-clauses-and-confirms-ucta-does-not-apply/ • High Court confirms current scope of Quincecare duty is limited to protecting corporate customers and does not extend to individuals https://hsfnotes.com/bankinglitigation/2021/01/26/high-court-confirms-current-scope-of-quincecare-duty-is-limited-to-protecting-corporate-customers-and-does-not-extend-to-individuals/ • High Court provides further insights on the risks of Quincecare claims against banks https://hsfnotes.com/bankinglitigation/2020/12/17/high-court-provides-further-insights-on-the-risks-of-quincecare-claims-against-banks/ • Supreme Court judgment in the KBR v SFO appeal – limits to extraterritorial impact of the SFO’s document compulsion powers https://hsfnotes.com/fsrandcorpcrime/2021/02/17/supreme-court-judgment-in-the-kbr-v-sfo-appeal-limits-to-extraterritorial-impact-of-the-sfos-document-compulsion-powers/ • Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs https://hsfnotes.com/litigation/2021/01/27/court-of-appeal-clarifies-that-cross-undertakings-should-rarely-be-required-as-a-condition-of-security-for-costs/ • Witness evidence reforms: final versions now published and will apply from 6 April https://hsfnotes.com/litigation/2021/02/02/witness-evidence-reforms-final-versions-now-published-and-will-apply-from-6-april/ • Brexit: key practical implications for disputes and dispute resolution clauses https://hsfnotes.com/litigation/2021/01/26/brexit-key-practical-implications-for-disputes-and-dispute-resolution-clauses/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

In this podcast, we reflect on the impact that Covid-19 has had on arbitration over the last year, and what we expect to change or stay the same in 2021, such as the use of new technologies, virtual hearings. We also consider various challenges posed by the pandemic, such as logistical challenges and the impact on the effectiveness of virtual hearings. Speakers: David Gilmore, James Allsop and Joel Halliday

In this podcast, we reflect on key international arbitration updates from 2020 including new signatories to the New York Convention, changes to the LCIA and ICC Rules, and some insights on the non-interventionist approach taken by the English Courts, which is particularly relevant for London seated arbitrations - and how this impacts businesses in Japan and beyond. Speakers: David Gilmore, Craig Shepherd, Yosuke Homma Resources LCIA Rules: https://hsfnotes.com/arbitration/2020/08/12/new-lcia-rules-in-force-on-1-october-2020-refreshing-the-lcias-approach/ ICC Rules: https://hsfnotes.com/arbitration/2021/01/06/new-icc-rules-2021-and-new-icc-note-to-parties-and-arbitral-tribunals-come-into-force/ Xstrata: https://hsfnotes.com/arbitration/2020/03/31/award-creditors-successfully-challenge-award-to-clarify-identity-of-a-party/ ASA v TL: https://hsfnotes.com/arbitration/2020/09/30/english-high-court-characterises-unsuccessful-challenge-to-award-under-s68-as-seeking-to-attack-an-arbitrators-findings-of-fact-and-her-evaluation-of-the-evidence-under-guis/ Alegrow: https://hsfnotes.com/arbitration/2020/07/29/english-high-court-grants-appeal-on-a-point-of-law-under-s69-arbitration-act-1996/

Sarah Benbow, Partner, Melbourne Adelaide Luke, Partner, Head of Competition, Asia, Hong Kong (Singapore) Consumer goods are often the focus of competition law enforcement activity, particularly in jurisdictions where the competition law regulator doubles as the consumer protection agency, as is the case in Australia. In this podcast, we take a look at recent enforcement patterns in Australia and across Asia, and consider the trends to come.

With many of our clients preparing for or in the process of returning their workforce to their Australian-based offices, our Catalyst series is returning for 2021 to discuss the role of organisations and implications for the roll out of a COVID vaccine. Dr Andrew Ebringer, Regional Medical Director and Consulting Lead for Australasia at International SOS and Nerida Jessup, Special Counsel from our Sydney Safety team join host Drew Pearson, Partner in our Sydney Employment and Industrial Relations team to explore the complex considerations for employers considering the issue of COVID-19 vaccinations.

Kristin Stammer, Partner, Sydney In an introduction to our video series, partner Kristin Stammer highlights the areas our Asia-Pacific Consumer team will be exploring as they discuss the trends predicted to transform the sector in 2021.

As we start a new year, Stephen Wilkinson and Antonia Kirkby look back at the activity and trends in public M&A last year, and look ahead to what may happen in 2021. They discuss: • activity levels and trends in 2020 • regulatory developments, including the changes to the Takeover Code and the merger control regime as a result of Brexit and • what they expect to see in the year ahead, including the upcoming changes to the Takeover Code and the National Security and Investment Bill.

In this first edition of our insurance podcast, we look at the Supreme Court’s judgment in the FCA’s Covid-19 Business Interruption insurance test case (The Financial Conduct Authority v Arch and Others) which has been eagerly awaited by policyholders and the insurance market alike. This episode is hosted by Sarah Irons, a Professional Support Consultant in our insurance disputes team, who is joined by Paul Lewis, who led the Herbert Smith Freehills team who acted for the FCA in the test case. You can find the links to our blog posts which cover this case below: • Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case https://hsfnotes.com/insurance/2021/01/15/supreme-court-hands-down-judgment-in-fcas-covid-19-business-interruption-test-case/ • High Court judgment handed down in FCA’s Covid-19 Business Interruption Test Case https://hsfnotes.com/insurance/2020/09/15/judgment-handed-down-in-fcas-covid-19-business-interruption-insurance-test-case/ Don't forget to subscribe to our insurance blog https://hsfnotes.com/insurance/subscribe/ Speakers: Paul Lewis (Global Head of Insurance Disputes), Sarah Irons (Professional Support Consultant)

In this sixth episode of our series of commercial litigation update podcasts, we briefly outline the impact of Brexit on disputes and dispute resolution clauses, focusing on practical points for commercial parties. We also look at some developments on privilege and funding, as well as an update on witness evidence reform, and finally we consider the outlook for competition class actions, particularly in light of the Supreme Court decision in the Mastercard case shortly before Christmas. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Daniel Woods, a senior associate. Below you can find links to our blog posts on the developments and cases covered in this podcast . • Brexit: key practical implications for disputes and dispute resolution clauses https://hsfnotes.com/litigation/2021/01/26/brexit-key-practical-implications-for-disputes-and-dispute-resolution-clauses/ • Disputes after the end of the Brexit transition period: where are we now? https://hsfnotes.com/litigation/2020/12/16/disputes-after-the-end-of-the-brexit-transition-period-where-are-we-now/ • High Court concludes no waiver of privilege resulted from negative assertions relating to legal advice https://hsfnotes.com/litigation/2021/01/06/high-court-concludes-no-waiver-of-privilege-resulted-from-negative-assertions-relating-to-legal-advice/ • Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs https://hsfnotes.com/litigation/2021/01/27/court-of-appeal-clarifies-that-cross-undertakings-should-rarely-be-required-as-a-condition-of-security-for-costs/ • Court of Appeal confirms regulations governing Damages-Based Agreements (DBAs) do not preclude terms providing for payment of time costs on termination, nor do they preclude hybrid arrangements https://hsfnotes.com/litigation/2021/01/19/court-of-appeal-confirms-regulations-governing-damages-based-agreements-dbas-do-not-preclude-terms-providing-for-payment-of-time-costs-on-termination-nor-do-they-preclude-hybrid-arrangements/ • Witness evidence reforms: final versions now published and will apply from 6 April https://hsfnotes.com/litigation/2021/02/02/witness-evidence-reforms-final-versions-now-published-and-will-apply-from-6-april/ • Supreme Court ruling in Merricks: some important clarifications but a number of unresolved issues https://hsfnotes.com/crt/2020/12/15/supreme-court-ruling-in-merricks-some-important-clarifications-but-a-number-of-unresolved-issues/ • Supreme Court remits £14bn class action against Mastercard back to Competition Appeal Tribunal for reconsideration of certification https://hsfnotes.com/crt/2020/12/11/supreme-court-remits-14bn-class-action-against-mastercard-back-to-competition-appeal-tribunal-for-reconsideration-of-certification/

In this second episode in our series on Pensions and ESG, Pensions Professional Support Lawyer, Tim Smith is joined by Emma Douglas, Head of DC at Legal & General Investment Management (LGIM) and they discuss: • LGIM's approach to managing ESG risks in the context of its DC schemes and on behalf of its trustee clients • the successes that LGIM has had through its engagement with companies and what happens when engagement doesn't work • how trustees can assess whether their asset managers are taking ESG risks seriously • how prepared the industry is to set climate-related metrics and targets and to conduct scenario analysis, and • the risk of member complaints and legal challenges related to ESG issues. To view all of the podcasts in this series click here https://hsfnotes.com/pensions/?m=podcasts. And to receive future episodes direct to your inbox subscribe to our UK pensions blog. https://hsfnotes.com/pensions/

Soundbite 5: Mediation of construction disputes between parties from different cultures Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.

Soundbite 4: Use of Dispute Boards in construction projects Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.

Soundbite 2: ADR in action on the Channel Tunnel Project Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.

Soundbite 3: The “memorial” approach in international arbitration Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.

Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London. Speakers: Hew Kian Heong (Partner and Joint Global Head of Construction Disputes) and John Bishop (Arbitrator, Mediator, Dispute Board Member)

Soundbite 1: Significant milestones in the development of construction law in the last 50 years Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.

Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Harith Canna (Senior Associate, Construction), Dr Nelson Ogunshakin OBE (CEO of FIDIC)

Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Harith Canna (Senior Associate, Construction), Dr Nelson Ogunshakin OBE (CEO of FIDIC)

Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Harith Canna (Senior Associate, Construction), Dr Nelson Ogunshakin OBE (CEO of FIDIC)

Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Harith Canna (Senior Associate, Construction), Dr Nelson Ogunshakin OBE (CEO of FIDIC)

To start off the new year, the 13 partners and more than 60 lawyers from the Australian Employment, IR and Safety team at Herbert Smith Freehills contributed their thoughts about the likely big ticket employment items in 2021. Melbourne partners Anthony Wood and Natalie Gaspar look at the top four issues we identified, and what you need to know to prepare your business. This podcast briefing is also available to watch as a video, which you can access here: https://www.herbertsmithfreehills.com/latest-thinking/what-is-ahead-in-2021-the-top-four-issues-facing-australian-employers-this-year

James Doe and Harith Canna speak to Dr Nelson Ogunshakin OBE and find out more about his background and career, FIDIC’s response to climate change and COVID-19, FIDIC’s ‘Golden Principles’ and FIDIC 2017. Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Harith Canna (Senior Associate, Construction), Dr Nelson Ogunshakin OBE (CEO of FIDIC)

In conversation with Dana Grey, Director of Legal Compliance and Ethics at the Pension Protection Fund (PPF). This is the first in our new series on diversity in pensions in which we will explore different aspects of diversity in the pensions industry. In this episode, Samantha Brown, Head of Employment, Pensions and Incentives at Herbert Smith Freehills, is joined by Dana Grey from the PPF who shares: • her story and career journey to date (from 55 seconds in to around 5 minutes) • steps the PPF is taking to promote diversity and inclusion (from around 5 minutes to 9 minutes) • the challenges of intersectionality within professional services (from around 10 minutes to 14 minutes) • the obstacles related to diversity and inclusion, including how the focus on diversity can lead to people feeling a sense of being "othered" (from around 15 minutes to 18 minutes) • the importance of organisational diversity in investment decisions and how this is incorporated into the PPF's investment agenda (from around 19 minutes to around 22 minutes), and • lessons the industry can learn from the PPF's experiences of communicating and engaging with its diverse membership (from around 23 minutes to 28 minutes). Speakers: Samantha Brown, Head of Employment, Pensions and Incentives at Herbert Smith Freehills (host) and Dana Grey, Director of Legal Compliance and Ethics at the Pension Protection Fund.

Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss: • How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)

How he came to specialise in construction law and the impact of mentorship on his career Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss: • How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)

The “dos” and “don’ts” for experts in construction disputes Construction Law Masters Podcast Series: EP6 - Asia Series Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss: • How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)

The evolving role and value of in-house legal function in Malaysian companies Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss: • How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)

Effective cost management in dispute resolution Construction Law Masters Podcast Series: EP6 - Asia Series Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss: • How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)

In this podcast, we thought it would be useful for our listeners, to think about some of the key themes and risks that we expect to emerge in 2021 such as: - the Regulator's new powers in the Pensions Schemes Bill - the impact of Covid-19, Brexit and the economy on schemes and sponsors - an increased focus on environmental, social and governance considerations - developments in the de-risking space, and - the impact of the 2nd Lloyds GMP equalisation judgment. Speaker details - Rachel Pinto, Partner, Pensions, Herbert Smith Freehills and Michael Aherne, Of Counsel, Pensions, Herbert Smith Freehills

Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects Construction Law Masters Podcast Series in Asia: Goh Han Lee, General Counsel - Legal Engineering & Project Delivery, PETRONAS Peter Godwin interviews Goh Han Lee, a highly experienced construction lawyer who is presently General Counsel - Legal Engineering & Project Delivery at PETRONAS. With over 20 years’ experience in law, Goh has been involved in some of the largest and highest profile development projects in Malaysia and the Middle East. He joins us to discuss: • How he came to specialise in construction law and the impact of mentorship on his career • Challenges and lessons learnt from Project RAPID, one of the world’s largest petrochemical projects • The evolving role and value of in-house legal function in Malaysian companies • Effective cost management in dispute resolution • The “dos” and “don’ts” for experts in construction disputes Speakers: Peter Godwin (Managing Partner, Kuala Lumpur), Goh Han Lee (General Counsel - Legal Engineering & Project Delivery, PETRONAS)

在国家市场监督管理总局发布的《关于平台经济领域的反垄断指南（征求意见稿）》中，针对经营者通过用算法分析数据对消费者实施价格歧视的问题。这亦就是通过俗称的“大数据杀熟”去达到“千人千价”：当中既涉及反垄断问题，亦涉及数据问题。本期的反垄断百【科】，科伟律师事务所的合伙人徐明妍Frances Xu将联通史密夫斐尔北京办公室的龚钰律师James Gong及香港办公室的陈孝廉律师Howard Chan一起聊一聊“大数据杀熟”的问题。

Head of Competition Asia, Adelaide Luke, and London partner Mark Jephcott discuss the UK competition law system, and how it will apply to Asian companies after the expiry of the UK EU Withdrawal Agreement on 31 December 2020. Asian companies with operations in both the UK and EU should be aware that, from 2021, the two competition regimes will operate in parallel, and should note key differences.

Tokyo senior associate Joel Rheuben and EMEA Head of Competition Kyriakos Fountoukakos outline the Regulation on the Screening of Foreign Direct Investment, which became fully operational in October 2020. They provide an overview of the relationship between the screening framework established under the Regulation, and the potential impact for Asian companies investing into sensitive sectors in the EU.

The final Catalyst Podcast of 2020 focuses on: • managing employment and IR issues in our new flexible working environment (Drew Pearson, Partner, Employment, IR and Safety); • the disruption to class actions in Australia in the last 12 months (Christine Tran, Partner, Disputes); • geopolitics and impacts on Australia (Rebecca Maslen-Stannage, Partner, Corporate) and • optimism driven by record government infrastructure spending and fast-tracked demand for technology (Nicholas Carney, Partner, Projects).

In this podcast briefing, our Employment and IR team reviewed some of the interesting aspects in the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, following its release last week. We discuss the media reaction to date, the union demerger proposal, the impact of the changes to casual employees, criminal sanctions for underpayment, enterprise bargaining and other implications. The podcast was hosted by Partner Anthony Longland (Perth), with contributions from Partners Natalie Gaspar (Melbourne), Drew Pearson (Sydney) and Executive Counsel, Wendy Fauvel (Brisbane).

The new, state-of-the-art Japan International Dispute Resolution Centre (JIDRC), officially launched in October 2020. Following the opening of the JIDRC Osaka two years ago, the launch of their new Tokyo facilities highlights Japan's continued ambitions to become a leading seat for international arbitration. David Gilmore, Craig Shepherd and James Allsop from our international arbitration practice in Japan discuss the key features of the new facility, the Japanese government's ongoing endeavours to promote Japan's popularity as a seat for international arbitration and some potential challenges it may face as it seeks to 'unseat' some of its other, perhaps more popular, international competitors. Please also refer to our blog posts on the launch of the Tokyo and Osaka centres: Tokyo: https://hsfnotes.com/arbitration/2020/10/27/state-of-the-art-hearing-facility-in-tokyo-officially-launches/ Osaka: https://hsfnotes.com/arbitration/2018/09/17/new-japan-international-dispute-resolution-center-open-for-business-in-osaka/ Speakers: David Gilmore (Managing Partner and Head of Japan Dispute Resolution), Craig Shepherd (Partner) and John Ribeiro (Senior Associate)

Greg Mulley, corporate partner in our London office, speaks to Sir Lynton Crosby of C|T Group on the outlook for politics and policy as 2020 draws to a close. Discussion includes: • lessons and implications from the US elections for the rest of the world in terms of voting patterns and behaviour; • prospects for Biden's build back better green agenda and its impact globally; • the enduring impact of the pandemic on politics and public policy; • what makes a great leader, what makes a great politician and what is the difference.

Take or pay, but at what price and when? Speakers: Rachel Lidgate (Partner), James Robson (Senior Associate)

In the last of our "Back to basics" podcast series on the development consent regime, Lisa Bazalo and Alistair Paul of the Herbert Smith Freehills London Planning Team discuss the decision stage of the DCO application. Each episode in this series focuses on a different stage in the development consent process. Previous episodes have covered the pre-application, preparation, submission and acceptance, pre-examination and examination stages of the development consent process. For our blog post "Planning White Paper lays foundations for a new route to housing", discussing how the development consent regime could be used to deliver housing schemes under future reforms, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/ Speakers: Lisa Bazalo, Senior Associate (New Zealand) and Alistair Paul, Associate

In the fourth of our "Back to basics" podcast series on the development consent regime, Julia McKeown and Lisa Bazalo of the Herbert Smith Freehills London Planning Team discuss the examination stage of the DCO application. Each episode in this series focuses on a different stage in the development consent process. Previous episodes have covered the pre-application, preparation, submission and acceptance, and pre-examination stages of the development consent process. The final episode will cover the decision stage. For our blog post "Planning White Paper lays foundations for a new route to housing", discussing how the development consent regime could be used to deliver housing schemes under future reforms, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/ Speakers: Julia McKeown, Associate (New Zealand) and Lisa Bazalo, Senior Associate (New Zealand)

Samantha Brown and Antonia Pegden, who lead the HSF team which has been advising the Banks in connection with the GMP equalisation litigation, discuss the judgment in the second Lloyds hearing (on the need to equalise historic transfers) and consider: - the implications for DB schemes and existing GMP equalisation projects - what the decision means for both transferring and receiving schemes - the judge's reasoning for finding that the trustees in this case did not benefit from any kind of discharge, and - the implications where trustees are aware of other errors in calculating historic transfer values.

In the CHRISTMAS SPECIAL edition of our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions, combined with some festive cheer and a few surprises. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan, Mark Tanner and some very special guests. You can find links to our blog posts on the cases covered in this podcast below: - High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in Marex https://hsfnotes.com/bankinglitigation/2020/10/14/high-court-tests-newly-narrowed-scope-of-the-reflective-loss-rule-in-first-decision-since-the-supreme-courts-judgment-in-marex/ - Commercial Court considers impact of force majeure clause on repayment obligation in sale of goods contract https://hsfnotes.com/bankinglitigation/2020/11/04/commercial-court-considers-impact-of-force-majeure-clause-on-repayment-obligation-in-sale-of-goods-contract/ - High Court finds no breach of duty by bank in exercise of enforcement rights under finance agreements https://hsfnotes.com/bankinglitigation/2020/11/24/high-court-finds-no-breach-of-duty-by-bank-in-exercise-of-enforcement-rights-under-finance-agreements/ - High Court strikes out group claims in light of parallel claims overseas: good news for parent company liability claims? https://hsfnotes.com/bankinglitigation/2020/11/20/high-court-strikes-out-group-claims-in-light-of-parallel-claims-overseas-good-news-for-parent-company-liability-claims/ - Class action reform in France: Necessary, but debatable https://hsfnotes.com/bankinglitigation/2020/11/17/class-action-reform-in-france-necessary-but-debatable/ - Capital Raisings and Opportunistic M&A in a Covid-19 Environment- Lessons Learned from the Global Financial Crisis https://hsfnotes.com/bankinglitigation/2020/10/20/capital-raisings-and-opportunistic-ma-in-a-covid-19-environment-lessons-learned-from-the-global-financial-crisis/ - Beyond Brexit: Countdown to 1 January 2021 – new video briefings and podcasts available, including on jurisdiction and enforcement of judgments https://hsfnotes.com/litigation/2020/10/28/beyond-brexit-countdown-to-1-january-2021-new-video-briefings-and-podcasts-available-including-on-jurisdiction-and-enforcement-of-judgments/ - How far can UK courts depart from EU case law? https://hsfnotes.com/litigation/2020/11/24/how-far-can-uk-courts-depart-from-eu-case-law/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/ Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Mark Tanner (Senior Associate)

In October 2020, Indonesia’s Parliament passed the widely heralded, but controversial, Omnibus Law, which is intended to remove a plethora of complexities and red tape across a range of existing laws that are seen to hinder business efficiency in Indonesia. The Omnibus Law is anticipated to impact foreign investment in Indonesia, particularly if the complex rules around foreign ownership in the so-called “Negative Investment List” are abolished or relaxed. In this brief podcast, our Tokyo and Jakarta teams explore the key changes, impact on Japanese and multinational companies, and what this means for the "Negative List". The team will also consider recent investment trends in Indonesia post-Covid, and whether the Omnibus Law will make a difference. Further details of the Omnibus Law can be found here: https://sites-herbertsmithfreehills.vuturevx.com/e/2iksxdes1etlng

In this episode, Damian Grave, Elizabeth Poulos, Ante Golem and Leah Watterson discuss the rise of state-based class action regimes and highlight some of the key issues that have arisen to date.

The Takeover Panel has published a consultation paper (PCP 2020/1) in which it is proposing to amend various provisions in the Takeover Code relating to the conditions to an offer and to the offer timetable. The key changes include: - removing the special treatment afforded to conditions relating to clearance by the European Commission and the Competition and Markets Authority - making it easier for parties to request a timetable freeze - giving further guidance on when a bidder will be permitted to invoke a condition to an offer - only allowing offers to go unconditional as to acceptances when all other conditions have been satisfied and - introducing a long stop date on a contractual offer In this podcast Mark Bardell and Antonia Kirkby discuss the proposed changes and what impact they may have in practice.

The rise of construction mediation in Hong Kong Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues

Construction Law Masters Podcast Series in Asia : Anselmo Reyes, International Judge Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues

The impact of Covid-19 on dispute resolution Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues

Due process paranoia in arbitration Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues

Three advocacy tips for the construction arbitration practitioner Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues

Screening of Asian investment in Europe – The UK’s proposed new National Security and Investment regime Tokyo senior associate Joel Rheuben and head of HSF’s global Foreign Direct Investment group Veronica Roberts discuss the recent bill for a new National Security and Investment screening regime in the UK. The proposed regime introduces mandatory notification requirements for investments (including minority investments) in certain key sectors, adding to the regulatory complexity for Asian companies doing deals in the UK. Speakers: Joel Rheuben and Veronica Roberts

Screening of Asian investment in Europe - The European Commission’s White Paper on foreign subsidies Asia Head of Competition Adelaide Luke and EMEA Head of Competition Kyriakos Fountoukakos provide an overview of the European Commission’s recent “White Paper on Levelling the Playing Field as regards Foreign Subsidies”. They discuss the various models under consideration for reviewing a wide range of foreign government and public body support for companies that impacts competition in the EU. If implemented, the proposals under this White Paper are likely to have a substantial impact on investment in Europe by Asian companies in particular. Speakers: Adelaide Luke and Kyriakos Fountoukakos

In the third of our "Back to basics" podcast series on the development consent regime, Rebecca Butterworth and Julia McKeown of the Herbert Smith Freehills London Planning Team discuss the pre-examination stage of the DCO application. Each episode in this series focuses on a different stage in the development consent process. Previous episodes have covered the pre-application, preparation, submission and acceptance stages of the development consent process. Future episodes will cover the examination and decision stages. For our blog post "Planning White Paper lays foundations for a new route to housing", discussing how the development consent regime could be used to deliver housing schemes under future reforms, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/ Speakers: Rebecca Butterworth, Associate and Julia McKeown, Associate (New Zealand)

In the first of our "Back to basics" podcast series on the development consent regime, Charlotte Dyer and Alistair Paul of the Herbert Smith Freehills London Planning Team discuss the pre-application stage of the development consent process. Each episode in this series focuses on a different stage in the development consent process. Future episodes will cover the application submission, pre-examination, examination and decision stages. For our blog post "Planning White Paper lays foundations for a new route to housing", referred to in this episode, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/ Speakers: Alistair Paul, Associate https://www.herbertsmithfreehills.com/our-people/alistair-paul and Charlotte Dyer, Of Counsel https://www.herbertsmithfreehills.com/our-people/charlotte-dyer

In the second of our "Back to basics" podcast series on the development consent regime, Charlotte Dyer and Rebecca Butterworth of the Herbert Smith Freehills London Planning Team discuss the preparation of the DCO application, as well as the submission of the application to the Planning Inspectorate and the acceptance process. Each episode in this series focuses on a different stage in the development consent process. The previous episode, EP1, covered the pre-application stage of the development consent process. Future episodes will cover the pre-examination, examination and decision stages. For our blog post "Planning White Paper lays foundations for a new route to housing", discussing how the development consent regime could be used to deliver housing schemes under future reforms, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/ Speakers: Charlotte Dyer, Of Counsel and Rebecca Butterworth, Associate

In this fifth episode of our series of commercial litigation update podcasts, we briefly outline the state of play for Brexit as it affects litigation in the English courts. We also look at some developments since our last update relating to the disclosure pilot, witness evidence reform and remote hearings, and finally we look at some developments relating to so-called “class action tourism” where group claims are pursued against large multinational companies in the English courts in relation to alleged acts or omissions of their subsidiaries abroad, often relating to environmental or human rights issues. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Joanne Keillor, a senior associate. Below you can find links to our blog posts on the developments and cases covered in this podcast . • Article published – Jurisdiction clauses and service out post-Brexit: a welcome rule change https://hsfnotes.com/litigation/2020/11/12/article-published-jurisdiction-clauses-and-service-out-post-brexit-a-welcome-rule-change/ • Webinar on jurisdiction and enforcement issues https://hsf.vids.io/videos/ac9cd7b81f14e9c725/brexit-training-recording-jurisdiction-and-enforcement • Article published – Disclosure Pilot Scheme: a potential way forward? https://hsfnotes.com/litigation/2020/09/30/article-published-disclosure-pilot-scheme-a-potential-way-forward/ • Article published – Preparing witness evidence: significant changes proposed for Business and Property Courts https://hsfnotes.com/litigation/2020/09/24/article-published-preparing-witness-evidence-significant-changes-proposed-for-business-and-property-courts/ • Lord Chief Justice’s Report 2020: courts in strong position despite pandemic https://hsfnotes.com/litigation/2020/11/04/lord-chief-justices-report-2020-courts-in-strong-position-despite-pandemic/ • High Court strikes out claims against BHP as an abuse of process in light of parallel claims in Brazil https://hsfnotes.com/litigation/2020/11/17/high-court-strikes-out-claims-against-bhp-as-an-abuse-of-process-in-light-of-parallel-claims-in-brazil/ • Court of Appeal confirms English Court lacks jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad https://hsfnotes.com/litigation/2018/02/19/court-of-appeal-confirms-english-court-lacks-jurisdiction-over-claims-against-uk-domiciled-parent-company-in-relation-to-acts-of-subsidiary-abroad/

In episode 2 of our 2020 Global Bank Review podcast Timothy Stutt, Rebecca Perlman and Leonie Timmers, senior associates at Herbert Smith Freehills, discuss some of the environmental, social and governance factors impacting banks across the globe and the opportunities that they present.

In this episode, Jason Betts, Ruth Overington and Peter Butler discuss the interrelationship between regulatory activity and class action activity and the strategic matters to consider when responding to investigations in this context.

On 11 November 2020 the UK Government introduced the National Security and Investment Bill to Parliament, setting out significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of tightening of foreign direct investment (FDI) regimes globally. Our Tokyo and London teams summarise the key changes and takeaways for Japanese and foreign investors in this podcast, with a short summary introduction in Japanese. The key points are also summarised in this slide deck: https://sites-herbertsmithfreehills.vuturevx.com/113/24135/landing-pages/uk-new-national-security-and-investment-regime-(nov-2020).pdf Speakers: Graeme Preston (Asia and Japan Head of Corporate), Veronica Roberts (Partner, London), Joel Rheuben (Senior Associate, Tokyo)

In our final Safety Leadership Series briefing for the year, we discussed workplace mental health and wellbeing, and what businesses can learn from recent research on mental health literacy. Partner Anna Creegan hosted the session, in conversation with Dr Ali Burston (MAPS, PSIOPA), an AHPRA Endorsed Organisational Psychologist and the founder and Managing Director of Perth-based consulting firm, Metisphere. During this session we discussed Dr Burston’s research into managing mental health in the workplace, trends and key findings on workplace mental health, as well as and managing mental health as a safety issue and strategies for organisational improvement.

In episode 1 of our 2020 Global Bank Review podcast, Alex Cravero, Digital Law Lead – UK/US & EMEA at Herbert Smith Freehills, is joined by partner Caroline Rae and senior associates Terence Lau, Wendy Saunders and Rich Woods to explore the various strategies that financial institutions may use to source technology capability and accelerate their digital transformation.

Leon Chung, partner in our Sydney office hosts international partners Weina Ye, Kewei, China and Joseph Falcone, New York, to discuss how political unrest has contributed to growing uncertainty in international trade and how this has affected Australian companies and what might happen next.

In the first of our Fintech 2021 podcasts, Rich Woods, Mike Carter and Marsha Williamson discuss what is in store for the Fintech sector in 2021. They cover the ongoing impact of the Covid crisis, the availability of VC funding, and the potential for further consolidation. Rich Woods is a senior associate in the corporate team at Herbert Smith Freehills LLP, specialising in Fintech. Mike Carter is Executive Chairman of The Money Platform and leads the Article 36H Group at Innovate Finance. Marsha Williamson is Head of Legal at 11:FS.

In the latest episode of our Public Law Podcast, Andrew Lidbetter, Nusrat Zar and Jasveer Randhawa discuss and debate the Government’s Independent Review of Administrative Law and the Ministry of Justice’s related Call for Evidence, to which Herbert Smith Freehills has recently responded. You can read more about the issues discussed in this episode in the following blog posts: • Government launches panel to consider the judicial review process https://hsfnotes.com/publiclaw/2020/08/03/government-launches-panel-to-consider-the-judicial-review-process/ • Government’s terms of reference for review of the judicial review process https://hsfnotes.com/policymatters/2020/08/28/governments-terms-of-reference-for-review-of-the-judicial-review-process/ • HSF responds to the Call for Evidence for the Government’s Independent Review of Administrative Law https://hsfnotes.com/publiclaw/2020/10/27/hsf-responds-to-the-call-for-evidence-for-the-governments-independent-review-of-administrative-law/

Adelaide Luke, Partner and Asia Head of Competition and Frasers Law Company partner Justin Gisz discuss the newly enacted Vietnamese Competition Law, which is anticipated to lead to a new era of competition law enforcement in Vietnam. Frasers Law Company is an independent, full service commercial law firm based in Vietnam. This episode provides a practical overview of the new law, including the implications for merger control.

Adelaide Luke, Partner and Asia Head of Competition and Tokyo senior associate Joel Rheuben review the current state of competition law enforcement in Southeast Asia, and take a closer look at Thailand, where the competition law regime has changed significantly. This episode is a good starting point for understanding why and how Southeast Asia is an increasingly important region for deal and competition compliance planning.

Adelaide Luke, Partner and Asia Head of Competition and Hiswara Bunjamin & Tandjung partner Sakurayuki discuss recent amendments to Indonesia's competition law rules and its proposed new legislation. Hiswara Bunjamin & Tandjung is Herbert Smith Freehills' longstanding associate firm in Indonesia. This episode provides a broad overview of the rapidly changing competition law landscape in Indonesia and the direction of future reform.

Adelaide Luke, Partner and Asia Head of Competition and Prolegis Managing Director Ban Leong Oo discuss the competition law landscape in Singapore and look at the Competition & Consumer Commission of Singapore, regarded as one of the most active and sophisticated regulators in the region. Prolegis is Herbert Smith Freehills' formal foreign law alliance partner in Singapore. This episode explains why companies doing business in the region should pay attention to the Singaporean regime.

Interview with Peter Hall, President of EMEA, Informa Markets Speakers: Stuart Paterson, Partner, Herbert Smith Freehills LLP and Peter Hall, President of EMEA, Informa Markets

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Georgia Nickson. You can find links to our blog posts on the cases covered in this podcast below: Court of Appeal upholds High Court’s decision on the preferred contractual construction of a term in an exclusion clause https://hsfnotes.com/bankinglitigation/2020/09/25/court-of-appeal-upholds-high-courts-decision-on-the-preferred-contractual-construction-of-a-term-in-an-exclusion-clause/ Commercial Court grants declaratory relief to bank relating to its rights under the 1992 ISDA Master Agreement https://hsfnotes.com/bankinglitigation/2020/09/29/commercial-court-grants-declaratory-relief-to-bank-relating-to-its-rights-under-the-1992-isda-master-agreement/ High Court strikes out two IRHP mis-selling claims on the grounds of abuse of process, limitation and underdeveloped allegations of fraud https://hsfnotes.com/bankinglitigation/2020/09/22/high-court-strikes-out-two-irhps-mis-selling-claims-on-the-grounds-of-abuse-of-process-limitation-and-underdeveloped-allegations-of-fraud/ High Court refuses to strike out Quincecare duty claim against a PSP where its customer was hijacked by fraudsters https://hsfnotes.com/bankinglitigation/2020/09/23/high-court-refuses-to-strike-out-quincecare-duty-claim-against-a-psp-where-its-customer-was-hijacked-by-fraudsters/ Banking Litigation Podcast Episode 13: Monthly Update - November 2019 (in which we covered Singularis Holdings Ltd v Daiwa Capital Markets [2019] UKSC 50)https://hsfnotes.com/bankinglitigation/2019/12/02/banking-litigation-podcast-episode-13-monthly-update-november-2019/ High Court considers Quincecare and dishonest assistance claims against bank in context of Ponzi scheme https://hsfnotes.com/bankinglitigation/2020/09/21/high-court-considers-quincecare-and-dishonest-assistance-claims-against-bank-in-context-of-ponzi-scheme/ High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege https://hsfnotes.com/litigation/2020/09/17/high-court-finds-no-need-to-enquire-into-qualifications-of-foreign-lawyer-in-applying-english-law-privilege/ Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/ Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Georgia Nickson (Associate)

The issue of judicial appointments has attracted a lot of attention recently, with the expedited senate confirmation hearings for Amy Coney Barrett following the death of Justice Ruth Bader Ginsburg in the US and discussion about the appointment of Australia's next 2 High Court judges. These recent events have highlighted significant differences between Australia and the US in terms of the public and political attention given to judicial appointments. Given the importance of the issues considered by judges on the Australian High Court and US Supreme Court, these issues have the potential to significantly impact civil, political and economic issues (such as border lockdowns, voting rights and reproductive rights) in both countries. Join Leon Chung, Amelia Loughland, Graeme Johnson and Theo Varvaressos as they explore how judges are appointed in Australia and the USA, factors that impact on judicial appointments, and attempts to influence the court through judicial appointment and whether those have been successful.

Decommissioning obligations: the way forward Speakers: Irina Akentjeva (Of Counsel), Susan Field (Senior Associate)

Hosted by Herbert Smith Freehills Partner Kristin Stammer, John Laing, leading Consumer Sector Associate Partner at McKinsey discusses the learnings from the continuing impact of COVID-19 to prevent further supply chain shock and build resilient supply chains of the future, followed by environment and social governance issues and perspectives from China with Tim Stutt, Australian ESG Lead and Nanda Lau, Partner from Herbert Smith Freehills.

Join the conversation in Episode 10, as Christine Tran, Aoife Xuereb and Maxwell Herman compare and contrast the US and Australian class action environments, and reference products and securities litigation in both jurisdictions.

Impact on multinational businesses operating in China Speakers: Nanda Lau, Partner and Damien Roberts, Partner

Brexit is likely to place a number of stresses on the media and entertainment industry with the potential loss of the current favourable regulatory regime and the wider issues of loss of access to talent/funding. Hayley Brady, Head of Media and Digital at Herbert Smith Freehills, explores the impact of Brexit on the regulated media and entertainment sector, particularly given the new Audio-Visual Media Services Directive that was due to be transposed into national law in September 2020.

In this podcast, Miriam Everett, Partner and Global Head of Data and Privacy at Herbert Smith Freehills, looks at the implications of the end of the status quo transition on data protection and in particular the effect on international transfers of data between the EU and the UK, if the UK does not obtain an adequacy decision from the EU Commission prior to 1 January 2021.

In this podcast, Eric White, Consultant at Herbert Smith Freehills’ trade practice, looks at some of the changes that will take place after 31 December 2020 in relation to goods and services and in particular the impact on custom duties, border formalities and behind the border rules, services, governance and state aid.

In this podcast, Aurell Taussig, Partner in the Tax practice at Herbert Smith Freehills, looks at some of the principal UK tax implications arising at the end of the Brexit transition period, including VAT and direct tax consequences.

In this podcast, Emma Chatenay, International Mobility Manager at Herbert Smith Freehills, outlines some of the key people and mobility considerations as we approach the end of the transition period, including the EU Settlement Scheme, business travel and the new UK immigration system.

In this podcast, Julie Farley, Professional Support Lawyer in the London corporate division at Herbert Smith Freehills, looks at the implications of the end of the status quo transition on contract law with a recap of some of the interpretation issues that arise from Brexit and an outline of some key considerations when reviewing existing contracts and drafting new contracts.

In this podcast, Rachel Montagnon, Professional Support Consultant in Intellectual Property at Herbert Smith Freehills, looks at the implications of the end of the status quo transition period for intellectual property rights, including exhaustion of rights and the impact on pan-European patent litigation.

In this podcast, David Andrews, Senior Associate at the Technology, Media and Telecommunications team at Herbert Smith Freehills, considers some of the key implications of the end of the transition period for the technology sector and telecommunications, including the impact on roaming sur-charges for UK customers, some of the main propositions in the EU-UK draft FTAs and the implementation of the European Electronic Communications Code in the UK.

In support of the National Breast Cancer Foundation, our Catalyst Webinar was taken over by our virtual Pink Ribbon event where we heard from three remarkable guests who work in the medical innovation and wellness spaces. Our guest speakers were: Prof Sarah Hosking - CEO of the National Breast Cancer Foundation. In continuing our tradition of our Pink Ribbon event, Prof Hosking updated us on NBCF’s current focus and gave an insight into the challenges and achievements in running a not-for-profit business during Covid-19. Prof Sandra O’Toole - Head of Translational Breast Cancer Research, The Garvan Institute of Medical Research & Senior Staff Specialist, Royal Prince Alfred Hospital. Prof O'Toole shared her story and firsthand experiences of hospital life and continuing breast cancer research during Covid-19. See accompanying slide here - https://sites-herbertsmithfreehills.vuturevx.com/20/21553/landing-pages/nbcf-pink-ribbon-prof-otoole.pdf Dr Jemma King - Founder BioPsychAnaltyics, Research Fellow University Queensland and Lecturer Sydney University MBA. Dr King is a specialist in the field of Human Behaviour, Stress and Emotional Intelligence. She shared her top 4 practical, science based hacks, that you can start using right away to support you in living a healthier lifestyle. See accompanying slide here - https://sites-herbertsmithfreehills.vuturevx.com/20/21553/landing-pages/pink-ribbon-dr-king.pdf Breast cancer is the most commonly diagnosed cancer in Australia. The National Breast Cancer Foundation funds world-class research into the detection, prevention and a cure of breast cancer. The NBCF is committed to funding research to reach one determined goal: zero deaths from breast cancer by 2030. Watchers and listeners are invited to donate to the National Breast Cancer Foundation to help further research into prevention and cure. Herbert Smith Freehills will make our usual gift donation to the Foundation. - https://shoutforgood.com/fundraisers/herbertsmithfreehillsPRB

In this podcast briefing, our Safety team reviewed the key developments in health and safety during 2020. During this session they shared our health and safety insights from 2020, including in relation to Australia’s industrial manslaughter laws and the latest prosecutions, Covid-19 and working from home and return to work WHS considerations, the recent draft WHS Code of Practice, and other key case law and legislative developments.

In this podcast, Maura McIntosh, Professional Support Consultant at Herbert Smith Freehills, looks at the implications for questions of jurisdiction and the enforcement of judgments between the UK and the EU as we approach the end of the Brexit transition period, and considers practical steps that commercial parties can take to reduce the risks.

In this podcast, Dorothy Livingston, Consultant, and Sahil Kher, Associate, both members of our dedicated Beyond Brexit team at Herbert Smith Freehills, give an overview of retained EU law which will, after the end of 2020, continue or replace EU derived law and EU directly effective law currently applicable in the UK. Sahil also discusses some changes and restrictions on claims that can be brought in the UK after 31 December 2020 based on EU law and Dorothy comments on the ways that UK courts may depart from EU case law.

Paula Hodges QC (Partner, Global Head of International Arbitration, London), Nicholas Peacock (Partner, London) and Nihal Joseph (Associate, London) discuss how the New York Convention actually works and what the latest state of play is as regards signatories.

In episode 1 of our Future Cities podcast, Matthew White and Nicholas Carney, partners of Herbert Smith Freehills, are joined by special guests Amy Brown from the New South Wales Department of Premier and Cabinet and Alex Williams from Transport for London to bring you real life perspectives on how two of our global cities, London and Sydney, are responding to the Covid-19 pandemic.

Exploring Opportunities: M&A: Merger Control, Foreign Investment Controls and the Regulators - Ten Considerations Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page. https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series In our final session covering the challenges and opportunities emerging from the Covid-19 pandemic and the impact on M&A in particular, this episode looks at merger control and foreign investment controls across EMEA and what effect the pandemic is having on transactions. This episode covers: - The direction of travel in European merger control and how regulators have adapted to the pandemic; - FDI regimes around the world and how governments have strengthened and used them during the pandemic; - Issues for parties to M&A transactions to focus on in light of this; Tactical considerations for deals around the upcoming Brexit changes; and - What the new UK national security and investment regime might look like and the possible impact on transactions. This episode is chaired by Caroline Rae and she is joined by Veronica Roberts and Hubert Segain of Herbert Smith Freehills and Gregor Irwin of Global Counsel who share their experiences and views.

We discuss the key takeaways and changes following the release of the ICC’s 2021 Arbitration Rules in draft as a “soft launch” prior to their formal release in December and them coming into force on 1 January 2021 Speakers: Craig Tevendale (Partner, UK Head of International Arbitration), Thierry Tomasi (Partner, International Arbitration) and Vanessa Naish (Professional Support Consultant)

The Covid-19 pandemic has hit a huge number of businesses and they will be exploring various options to repair their balance sheet or protect their business. Those options might include seeking a full takeover or finding a cornerstone investor for the company. In each case, if the company is governed by the UK Takeover Code, the Code might be engaged and have an impact on the transaction. In this episode of our public M&A podcast series, we look at when and how the Code might apply in a distressed situation, and what relaxations from the usual Code rules may be available. Speakers: Antonia Kirkby, Professional Support Lawyer Greg Mulley, Partner

Head of our Disputes Practice in Perth Elizabeth Macknay speaks with Mark Rigotti, as he steps into his new role as a Partner and Senior Adviser with the Firm. As the immediate past Global CEO of Herbert Smith Freehills, Mark gives us his insights on some of the trends he is seeing across the Australian market, and will also reflect on the recent Federal Budget announcement and its impact, with a focus on the key themes of Investment and Governance.

In this episode, Peter Holloway, Harry Edwards and Leah Watterson discuss and address common misconceptions and misunderstandings about aspects of the class action regime.

Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page. https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series This episode looks at distressed M&A, and the challenges and opportunities it brings. The webinar will cover: - The basics of a distressed M&A deal; - Quasi distressed transactions and other options available to companies in crisis; - Issues for buyers; - Regulatory relaxations in distressed situations; - Comparisons to US Chapter 11; - European trends; - The impact of the latest changes to insolvency legislation. This episode is chaired by Caroline Rae and she is joined by Greg Mulley and Kevin Pullen of Herbert Smith Freehills and Simon Edel, a partner in Turnaround & Restructuring Strategy at EY, who share their experiences and views. This episode is accompanied by our Exploring opportunities: Investments and acquisitions online guide. http://insights.hsf.com/catalyst-exploring-opportunities-investments-and-acquisitions/p/1

Views on the future Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)

Role as Head of Atkin Chambers Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)

James Doe and Olivia Liang interview – Chantal-Aimée Doerries QC, Head of Atkin Chambers. She joins us to discuss: • The current state of play in dispute resolution • Her practice and views on the future • Recent trends and developments • Impact of COVID-19 on engineering and construction projects • Her role as Chair of the Bar of England and Wales • Her role as Head of Atkin Chambers • Minority representation in the profession Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)

Impact of COVID-19 on engineering and construction projects Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)

Role as Chair of the Bar of England and Wales Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)

Recent trends and developments Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)

Minority representation in the profession Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)

The current state of play in dispute resolution Speakers: James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Olivia Liang (Associate, Construction & Infrastructure Disputes), Chantal-Aimée Doerries QC (Atkin Chambers)

In this fourth episode of our series of commercial litigation update podcasts, we look at a variety of cases and developments, including an update on the disclosure pilot and proposals in relation to witness statements. We also look at recent cases on privilege, witness evidence, access to court documents, claim notices and freezing injunctions. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Kevin Kilgour, a senior associate. You can find links to our blog posts on the developments and cases covered in this podcast below. • Judicial Update on operation of the Disclosure Pilot Scheme https://hsfnotes.com/litigation/2020/09/22/judicial-update-on-operation-of-the-disclosure-pilot-scheme/ • Commercial Court 125 virtual seminar: insights on virtual hearings, the disclosure pilot and witness evidence reform https://hsfnotes.com/litigation/2020/09/08/commercial-court-125-virtual-seminar-insights-on-virtual-hearings-the-disclosure-pilot-and-witness-evidence-reform/ • High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege https://hsfnotes.com/litigation/2020/09/17/high-court-finds-no-need-to-enquire-into-qualifications-of-foreign-lawyer-in-applying-english-law-privilege/ • Split trials, supplemental statements and the need for relief from sanctions https://hsfnotes.com/litigation/2020/08/13/split-trials-supplemental-statements-and-the-need-for-relief-from-sanctions/ • High Court interprets Supreme Court guidance and refuses further provision of trial documents to non-party https://hsfnotes.com/litigation/2020/07/30/high-court-interprets-supreme-court-guidance-and-refuses-further-provision-of-trial-documents-to-non-party/ • High Court rejects indemnity claim under SPA due to a failure to notify the claim “as soon as possible” https://hsfnotes.com/litigation/2020/06/26/high-court-rejects-indemnity-claim-under-spa-due-to-a-failure-to-notify-the-claim-as-soon-as-possible/ • High Court rules claims notice invalid for failure to specify with sufficient detail the matter giving rise to the claim https://hsfnotes.com/litigation/2020/09/07/high-court-rules-claims-notice-invalid-for-failure-to-specify-with-sufficient-detail-the-matter-giving-rise-to-the-claim/ • Court of Appeal clarifies whether a fledgling business can be pursued when a freezing injunction has been ordered https://hsfnotes.com/cf/2020/09/10/court-of-appeal-clarifies-whether-a-fledgling-business-can-be-pursued-when-a-freezing-injunction-has-been-ordered/ • Post-judgment worldwide freezing order granted against defendant who had advanced a fabricated defence at trial https://hsfnotes.com/cf/2020/09/10/post-judgment-worldwide-freezing-order-granted-against-defendant-who-had-advanced-a-fabricated-defence-at-trial/

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 blog posts on the cases covered in this podcast below: - Court of Appeal upholds High Court decision to grant summary judgment in FX de-pegging case https://hsfnotes.com/bankinglitigation/2020/08/18/court-of-appeal-upholds-high-court-decision-to-grant-summary-judgment-in-fx-de-pegging-case/ - High Court says bank need not comply with numerous and repetitive DSARs which were being used for a collateral purpose https://hsfnotes.com/bankinglitigation/2020/09/24/high-court-says-bank-need-not-comply-with-numerous-and-repetitive-dsars-which-were-being-used-for-a-collateral-purpose/ - The Tesco Litigation: lessons learned from split trial orders in the context of securities class actions https://hsfnotes.com/bankinglitigation/2020/08/13/the-tesco-litigation-lessons-learned-from-split-trial-orders-in-the-context-of-securities-class-actions/ - High Court strikes out claimants’ representative action due to failure to meet “same interest” requirement under CPR 19.6 https://hsfnotes.com/bankinglitigation/2020/08/27/high-court-strikes-out-claimants-representative-action-due-to-failure-to-meet-same-interest-requirement-under-cpr-19-6/ - Judgment handed down in FCA’s COVID-19 business interruption insurance test case https://hsfnotes.com/insurance/2020/09/15/judgment-handed-down-in-fcas-covid-19-business-interruption-insurance-test-case/ - Singapore Convention on Mediated Settlement Agreements comes into force tomorrow, 12 September 2020 https://hsfnotes.com/adr/2020/09/11/singapore-convention-on-mediated-settlement-agreements-comes-into-force-tomorrow-12-september-2020/ - Webinar Available: Dispute Resolution Choices for Banks and Financial Institutions – Maximising the Chances of Successful Enforcement https://hsfnotes.com/bankinglitigation/2020/09/28/new-webinar-available-dispute-resolution-choices-for-banks-and-financial-institutions-maximising-the-chances-of-successful-enforcement/ Don't forget to subscribe to the banking litigation blog. Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Scott Warin (Associate)

Supply chains in times of disruption: market reactions and the way forward Speakers: Craig Shepherd (Partner), Emma Schaafsma (Partner), Karan Talwar (Associate)

Note: This is an audio recording of a live webinar in our Catalyst series of webinars. As markets move from response to recovery, our focus is shifting too. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform. To watch the webinar on demand and access the resource materials, please visit our dedicated Catalyst // Webinar Series page (https://www.herbertsmithfreehills.com/latest-thinking/catalyst-webinar-series). This episode looks at public M&A across EMEA and what effect the pandemic is having on transactions and activity. The episode will cover: - Public M&A activity levels - The re-emergence of financial buyers - The pressures on listed companies - Valuation issues - Material adverse change (MAC) conditions - The role of shareholders on public M&A The episode is chaired by Caroline Rae and she will be joined by Robert Moore, Sönke Becker and others from across our EMEA network who share their experience and views.