Herbert Smith Freehills Kramer Podcasts

In this episode, HSF Kramer partners and co-heads of venture and growth capital, Australia, Elizabeth Henderson and Claire Thompson discuss the ins and outs of a US flip.    There’s a lot of talk in Australia about US flips at the moment.  Some founders are being told it's essential. Others are wondering if it's worth the cost, complexity and disruption. The reality is that there isn&apo...

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 Phoebe Fox. Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Phoebe Fox (Senior Associate)...

In this episode, we take the conversation a step further, moving from the challenges of mobile and messaging-app data to the fast-emerging frontier of social media evidence. Roisin McCrory, Meghan Ryan, David Shepherd and Uchi Jayawardhena explore how posts, private messages, ephemeral content and platform-specific multimedia are increasingly finding their way into litigation and investigations. A...

What happens when an employer's own conduct prevents the contractor from meeting the contractual completion date? And what are the consequences when a contract has no effective mechanism to deal with acts of prevention? In the first episode of the Construction Law Shortcast, Xavier Milne and Noe Minamikata tackle two foundational principles of English construction law that anyone involved in...

In this episode of Insurance Bites, Hamish Hunter and Kate Mann, Senior Associates in the Insurance & Professional Risks team, report on the appeal in Liberty Managing Agency Limited v Chedid which considered whether allegations of fraud against directors or officers permit a D&O insurer to withdraw cover, or whether the insurer must wait for independent determination. This is a critical q...

AFSA’s appointment of Professor Lise Bosman as the inaugural president of its International Court was a clear statement of intent. Her career has moved between practice, academia and arbitral institutions: from apartheid-era campus politics at the University of Cape Town, the Iran–US Claims Tribunal in The Hague, practising commercial arbitration at Freshfields, leadership of the International Cou...

In this episode, partners  Jason Betts and Aoife Xuereb speak with Sophie East and Jesse Wilson, partners at Bell Gully, about the evolving class actions landscape in New Zealand and how it compares with developments across the Tasman. They explore the foundations of New Zealand's representative proceedings regime, the significance of the Supreme Court's landmark decision in Ross v South...

This is the fourth episode of "Cross-examining AI", HSF Kramer's podcast series on disputes and AI where we unpack the key developments that are shaping litigation. In this episode we look at the UKJT’s statement on liability for AI harms, the SRA’s recent warning notice on AI and the first case from the Solicitors Disciplinary Tribunal where a lawyer has been struck off for misuse...

In this episode, we cross-examine Charles Carmakal, Chief Technology Officer of Google Cloud Mandiant Consulting and one of the world's most respected cyber security and threat intelligence experts. Over the course of his career, Charles has been at the forefront of investigating some of the most significant cyber incidents and nation-state campaigns impacting governments and organisations ar...

In this episode we explore a challenge that receives far less attention than AI: how organisations identify and collect data in an increasingly fragmented communications landscape. From disappearing messages and encrypted devices to AI-generated transcripts and summaries, our speakers, Stephanie Barrett, David Beck, and Danbee Kim explore what happens when the volume of data, communication channel...

In this episode, partners Jason Betts and Anna Sutherland speak with the Honourable Justice Wigney of the Federal Court of Australia, one of Australia's most experienced judges in complex commercial litigation and representative proceedings, about the growing complexity of modern litigation and its implications for courts, practitioners and clients. They discuss the rise of sprawling commerci...

This is the 39th episode of our series of commercial litigation update podcasts. In this episode we discuss an interesting decision on privilege and company directors, some important client resources on ADR and a couple of significant contract law decisions, on termination and the recovery of loss-of-bargain damages and force majeure. This episode is hosted by Maura McIntosh, a knowledge counsel i...

In this episode of Inside Employment , Tony Wood , Natalie Gaspar and Lucy Boyd unpack the Federal Government’s proposed reforms to non-compete and restraint of trade laws, recently released in exposure draft form. The proposed changes would significantly reshape the use and enforceability of non-compete and non-solicitation clauses across Australia.  Tony, Natalie and Lucy discuss the key element...

In this episode David Beck, Casey Ballard and Uchi Jayawardhena tackle one of the biggest barriers to successful AI adoption: poor data foundations. They explore why data disorganisation, fragmentation and inconsistent governance continue to undermine business processes, long before GenAI enters the picture. With each speaker coming at the problem from a slightly different angle, they examine why...

In this episode of On Just Terms partners Jason Betts and Melissa Gladstone speak with Professor Anthea Roberts, ANU Professor and leading scholar at the intersection of law, technology and global risk, about what it takes to work effectively with AI.  They discuss why lawyers may be uniquely positioned to thrive in the AI era, how multi-agent AI systems can tackle complex interdisciplinary challe...

Recorded 22 June 2026 In Part 2 of our latest episode of Inside IR , industrial relations partner Rohan Doyle and Melbourne Business School Professor Jennifer Overbeck continue their discussion on the evolving enterprise bargaining landscape, exploring how employers, unions and employees can move beyond short-term, power-based bargaining and invest in negotiation processes that create sustainable...

In this episode, we continue our director series with part two of our cross examination of Catherine Brenner and John Mullen. In our last episode, we left you on a cliffhanger. We now pick up where we left off. We also discussed the value in good communications, the human factor in cyber incident response, a values-led approach as compared with a compliance-led approach, AI, of course, and board s...

We are delighted to launch our new podcast series, Insuring AI, which explores the broad range of questions that AI is throwing up for the insurance world. In this first episode, we discuss the legal statement on liability for AI harms published by the UK Jurisdiction Taskforce (UKJT) in July 2026 and its implications for insurance liability claims.  The statement seeks to address in what circumst...

In this episode, we unpack the growing "Misdiagnosis Effect" in the age of GenAI, where organisations often focus on the technology they think they need rather than the problem they are trying to solve. Casey Ballard (Head of Strategic Applications, UK, US & EMEA), Suzanne Cowan (Head of Corporate & Construction, UK & EMEA) and Uchi Jayawardhena (Head of Data Analytics) explo...

In this episode, partner Jason Betts speaks with Michael Pelly, legal reporter at Capital Brief and former legal affairs editor at the Australian Financial Review, about the key developments shaping corporate litigation in Australia. They discuss the implications of the landmark ASIC v Star decision for directors' duties and corporate governance, the evolving landscape of shareholder class ac...

In this episode, we discuss the UK’s new legislative regime which governs the development and deployment of autonomous vehicles (AVs), and what Chinese OEMs and AV operators should know before bringing AV products or services to the UK. We unpack the key features of the Automated Vehicles Act 2024, covering authorisation, liability and insurance, marketing restrictions, safety requirements, and cy...

In this episode of our public M&A podcast series, we talk about the UK Takeover Panel's latest consultation (PCP 2026/1) on a series of miscellaneous changes to the Takeover Code. Proposals being consulted on include: when a voting agreement between a shareholder and the directors of a company will result in them being treated as acting in concert; a change to the definition of "reve...

In this crossover episode of Inside Employment , Inside IR and Inside Safety , Drew Pearson is joined by Nerida Jessup and Jessica Light to discuss the growing intersection between AI adoption and employer consultation obligations. The team explores when the introduction of AI and digital technologies may trigger industrial relations and work health and safety consultation requirements, the risks...

In this episode HSF Kramer M&A partners Rebecca Maslen-Stannage and Mia Harrison-Kelf unpack the Star Entertainment decision, one of the most closely watched director duty cases in recent years, and explore what it means for directors and executives navigating transactions. The discussion covers the standard expected of directors when relying on management information, how to test and challeng...

In this sixth episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley , both Of Counsel, together with Knowledge Counsel Anna Henderson , focus on the changes to fire and rehire law due to come into force in January 2027. These reforms will make it significantly more difficult and expensive to force through changes to core terms of emp...