Our experts unpack some of the critical legal considerations to navigate the complexities of AI-related issues and disputes. The discussion touches on the current and future legal framework, some of the regulatory, enforcement and litigation risks associated with the use of AI including IP, AI washing, data and privacy, and consideration of how to …

In this episode of Going for Green on Real Estate Transactions, Nick Hew, a senior associate in the Real Estate practice at Herbert Smith Freehills, is joined by Carolyn Milligan, a partner in the same group, and Neal Scambler, a Corporate Real Estate Advisor. They discuss the current market trends and some of the key considerations regarding green…

In this episode, Cam is again joined by Kaman Tsoi and, together, they continue the cross-examination of Privacy Commissioner Carly Kind. In this podcast, we talk about the role of the board, the OAIC’s enforcement approach and the Cyber Security Strategy, including the Commissioner’s view on the extortion demand ‘conundrum’. Commissioner Kind also…

In this episode of Talking Shop, Susan Black, a partner in the Competition practice at Herbert Smith Freehills and Global Co-Head of HSF’s Consumer Sector group, is joined by Shona Grey, a partner in HSF's Real Estate practice, and David Evans, a senior associate in the same group. They discuss the resurgence of the retail sector in the UK and Euro…

Changes rarely happen in a vacuum. Adaptation in the workplace often occurs in many varying, but interconnected, ways, prompted by regulatory, legislative, and political changes as well as changes in societal expectations. In this Espresso Pod, we explore where our clients might experience some competing tensions in the workplace in the future, and…

"Trustee boards lack diversity, but not the desire to improve". That was the conclusion of The Pensions Regulator, based on a survey conducted earlier this year. Jia Liu joins us to explain why trustees should be focussing on EDI, and the steps which they can take.Subscribe to the HSF Pensions Notes Blog. Speakers: Richard Evans, Professional Suppo…

Episode 2 of our podcast series Going for Green on Real Estate Transactions explores the key areas of ESG focus for developers/landlords and tenants on pre-letting transactions as well as how ESG issues are impacting the terms of Agreements for Lease and related documents.Door Herbert Smith Freehills Podcasts

Join Jason Betts and Melissa Gladstone as they explore the class actions landscape and perception of class action risk areas concerning corporate Australia, what has changed in the last five years regarding their risk assessment and key class action risk areas to be aware of. Read our report: https://www.herbertsmithfreehills.com/insights/2024-09/r…

In this episode, Christine Wong and Camille Tewari explore cyber class action risk and explore why it emerged as the top concern among class action risk areas in our Rethinking Risk: Inside Class Actions” report. Read our report: https://www.herbertsmithfreehills.com/insights/2024-09/rethinking-risk-inside-class-actions…

In this podcast series, we explore all things cyber, including the legal, regulatory and policy developments that impact corporates around the world. We look at the evolving cyber risk landscape, by speaking to those people who are on the frontline, protecting companies from cyber incidents and shaping the legal and regulatory environment. In this …

This podcast explores how ESG is changing the way in which construction projects are being delivered, and the agreements and contracts involved, as well as what lawyers can do to help deliver a client's ESG objectives on commercial development projects. Speakers: Matthew Bool, Partner, HSF, London, Charles Horne, Project Director, British Land, Bec…

Cyber risk is a major issue for pension schemes. Antonia Pegden, a commercial disputes lawyer at HSF who focuses on insurance, pensions, and professional negligence, joins The Pensions Exchange to discuss cybersecurity. We consider the steps which trustees should take, to guard against cyber attacks and to be ready should the worst occur. You can f…

Tony Damian and Andrew Rich discuss all you need to know about special dividends in public M&A deals with Tax M&A partner Jay Prasad.Door Herbert Smith Freehills Podcasts

In this episode of our public M&A podcast series, we look at Practice Statement 31, which was updated by the Takeover Panel earlier this year. Practice Statement 31 describes the Takeover Panel's approach to formal sale processes, strategic reviews and private sale processes. In the podcast, we discuss: formal sale processes under the Takeover Code…

In this podcast, we explore 'debanking' in the financial services sector and the critical issues banks need to consider. Join our hosts, Jenny Stainsby, Jacqueline Wootton, and Matthew Eglezos who break down how banks are adapting to evolving regulatory and customer expectations. Speakers: Jenny Stainsby, Partner & Global Head of Financial Services…

Miriam Everett welcomes Stacey Quaye, Head of Digital Assets, Innovation and Design at UBS, to share what she's learned throughout her career. Together they discuss how the worlds of tech and law collide and what the biggest challenges and opportunities are at the intersection of technology and banking.…

In this episode, Cam Whittfield is joined by Carolyn Pugsley, an advisor to boards and a leader in corporate governance advice. Together we continue our discussion with David Thodey. Today, we shift focus to some of the more challenging themes. We talk about the Cyber Strategy and payment of extortion demands. We also ask for David’s guidance for d…

In this episode of Inside IR, Steve Bell and Natalie Gaspar explore the new "right to disconnect" in Australia, which allows employees to refuse to monitor or respond to work-related communications outside of their ordinary hours, unless it is unreasonable to do so. Steve and Nat explore the implications of these new laws, including the role of the…

Tim Stutt and Isabella Kelly are joined by Aaron White and Adrian Wong to discuss the soaring demand for data centres and the importance of identifying and managing ESG issues in their development and operation. Adrian provides insights on how generative AI is driving the demand for data services, the development hotspots, and the policy and regula…

Data protection specialist Duc Tran joins us to talk through data issues for pension schemes. We look at the ICO's TikTok ruling and its implications for privacy notices; data protection proposals in the King's Speech; and points to consider around the advent of AI. Subscribe to the HSF Pensions Notes Blog.…

In this Espresso Pod, we discuss what is, and what could be, coming down the track in the world of AI regulation and, in particular, the regulation of the use of AI in the workplace. For this episode, Tim Leaver (Partner) and Sian McKinley (Of Counsel) are joined by Dee Masters, AI & Discrimination barrister at Cloisters chambers, co-founder of the…

In this 27th episode of our series of commercial litigation update podcasts, we give updates on new legislative provisions relating to retained EU law, a decision refusing to allow a case to proceed as an "opt-out" representative actions under CPR 19.8, and a recent case that shows what can happen when parties disregard the rules on the preparation…

In this episode, we discuss how overseas investors can protect their investments through the use of investment treaties. We explore the importance of treaty protection in the face of increasing political and regulatory risks, and explain the substantive protections and dispute resolution mechanisms which investment treaties afford. 在本集播客节目中，我们讨论境外投…

Tony Damian and Andrew Rich discuss the proposed new ACCC merger notification thresholds with competition partner, Patrick Gay.Door Herbert Smith Freehills Podcasts

In this special edition dispute resolution podcast, we take a practical look at what the UK government's recent ratification of the Hague 2019 Judgments Convention means for in-house counsel choosing between litigation and arbitration for an English law governed contract. The episode draws together the hosts of three of our HSF podcasts – Vanessa N…

Under the so-called identification doctrine, companies could previously only be held criminally liable for a criminal offence requiring a particular mental state (e.g. knowledge, dishonesty etc.) if the mental state of a person representing the company's "directing mind and will" could be attributed to the company. In response to suggestions that t…

In episode 26, Emma and Rebekah are joined by Sarah Henkes-Younger to talk about whether IP rights subsist in material created by generated AI and discuss the famous Thaler patent litigation brought in numerous jurisdictions.Door Herbert Smith Freehills Podcasts

C&I Disputes Partners Dan Dragovic and Michael Lake discuss the much-anticipated decision in Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 where the High Court of Australia confirms proportionate liability regimes can be applied in arbitration. Join Dan and Michael as they discuss the decision and its practical implic…

In this not-to-be-missed episode of Inside IR, Partner Nick Ogilvie and Senior Associate Victoria Fijalski join Rohan Doyle to explore the learnings that can be taken from employers’ early experiences with the new intractable bargaining regime. Join Nick, Vic and Rohan as they: recap on what the intractable bargaining regime is, and provide a refre…

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…

In this episode, Partners Michael Vrisakis and Hugh Paynter and Executive Counsel Danielle Briers discuss customer remediation in financial services.Door Herbert Smith Freehills Podcasts

In his episode, we talk to David Thodey, one of our most respected company directors and currently Chair at Xero and Ramsay Healthcare. Since leaving management (including stints as the CEO for IBM and Telstra), David has taken his relevance to a new level. Not only in the non-executive director space, but also with various NFPs and other interest …

The Worker Protection Act 2023 will come into force on 25 October of this year, imposing a new positive duty on UK employers to take 'reasonable steps' to prevent sexual harassment of employees in the course of their employment. In the first instalment of this podcast, we discussed the impact of the Act within workplaces within the UK, and shared o…

Tony Damian and Andrew Rich explore HSF's recently released 2024 Public M&A Report with Nicole Pedler. Read our Public M&A Report here: https://www.herbertsmithfreehills.com/insights/2024-08/australian-public-m-a-report-2024?utm_source=podcast&utm_medium=spotify&utm_campaign=podcastDoor Herbert Smith Freehills Podcasts

In the second part of The Pensions Exchange's mini-series on Surpluses, Professional Support Lawyer, Richard Evans, talks to Partner and Global Co-Head of the Employment, Pensions, and Incentives practice Samantha Brown about pension surpluses, focusing on trust law and trustee discretion – particularly in the context of a surplus winding up. Subsc…

Jacqueline Wootton, Christopher Hicks and Isabella Kelly embark on a whistle-stop tour of the intersection of ESG and whistleblowing. They discuss why developing an effective whistleblower program is a sound investment and should be a core part of an ESG risk management system. They explore how whistleblower programs can help companies comply with …

This is part two of our ‘cross examination’ of Ms Abigail Bradshaw, head of the Australian Cyber Security Centre. In this episode, Abi notes that “a cyber criminal will attack the networks you have, not the network you think you have”. Such an important perspective! We also look at the role of the ACSC, the benefit of threat intelligence sharing an…

Join Liz Kantor, Vanessa Naish and returning guest, Hannah Ambrose, for a discussion of the Arbitration Bill for England and Wales, which has been put back on the legislative agenda by the new Government. They explore the key reforms introduced by the Bill and next steps for the Bill's passage through Parliament. They also share their perspectives …

Tony Damian and Andrew Rich explore ASIC's recently released Equity Markets Cleanliness Report with ASIC Chair Joe Longo and Executive Director Calissa Aldridge.Door Herbert Smith Freehills Podcasts

In this episode, we talk to Ms Abigail Bradshaw, the Head of the Australian Cyber Security Centre (ACSC). Throughout her career, Abi has held a number of critical security related positions, including within the Department of Prime Minister and Cabinet and various senior roles in the Department of Home Affairs. Ms Bradshaw began her career in the R…

In this episode of Inside IR, Drew Pearson and Shivchand Jhinku are joined by competition partner Patrick Gay to discuss the Australian Government Competition Task Force's review into the use of non-compete and non-solicit provisions in employment contracts. They explore the potential impacts of proposed reforms on employee mobility and the dynamic…

In the latest episode of our public M&A podcast series, we look at the Takeover Panel ruling in relation to MWB Group Holdings, where the Takeover Panel has issued an order to pay compensation of up to £33 million and 10 cold-shoulder rulings. In particular we discuss: the background to the rulings what the sanctions mean and lessons to be learned.…

In this edition of our banking litigation podcast, we have a special episode on the impact of sanctions on banks and financial institutions. We explore the current sanctions regime, Russian counter-sanctions measures as well as sanctions related litigation in the English courts. This episode is hosted by John Corrie, a partner in our banking litiga…

In this first episode of our new insurance podcast, Insurance Bites, Sarah McNally (Partner, London), Alejandra Galdos (Partner, Madrid) and Travis Gooding (Senior Associate, Australia) examine some recent decisions on LEG3 clauses from the US and Spain and how they illustrate some key issues that can arise. Key listening for those that have reason…

In episode 25, Emma and Rebekah discuss the legal risks around ambush marketing ahead of the 2024 Olympic Games in Paris. They discuss considerations for businesses that engage in marketing practices designed to leverage the reputation and hype surrounding a global event such as the Olympics, including intellectual property and consumer law issues …

The Worker Protection Act 2023 will come into force on 25 October of this year, imposing a new positive duty on UK employers to take 'reasonable steps' to prevent sexual harassment of employees in the course of their employment. In the first instalment of this podcast, we discussed the impact of the Act within workplaces within the UK, and shared o…

In this quickfire episode of the Herbert Smith Freehills Tax Bites podcast, Australian tax partners Toby Eggleston and Ryan Leslie, along with Senior Associate Naison Seery, discuss the recently released Treasury consultation paper proposing changes to the foreign resident capital gains tax regime. Key topics include broadening the classification o…

In this 26th episode of our series of commercial litigation update podcasts, we give updates on the cross-border enforcement of judgments and on litigation funding, an important Supreme Court decision on the application of EU law post-Brexit, and two decisions on when directors can be liable as an accessory to a company's breach of contract or tort…

In this episode of Talking Shop, Andrew Rich, a partner in the M&A practice at Herbert Smith Freehills and Global Co-Head of HSF’s Consumer Sector group, is joined by David Sinn, a partner in HSF's Real Estate practice Global Co-Head of HSF’s Real Estate Sector group. They discuss the resurgence of the retail sector in Australia, the impact of e-co…