Herbert Smith Freehills Kramer Podcasts

In this 30th episode of our series of commercial litigation update podcasts, we will discuss some recent decisions on privilege, a couple of high-profile cases on aspects of insolvency litigation, and some interesting cases on assignment and remedies. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Andrew Cooke, a disputes partner,...

This episode brings together our CC&I and ESG teams to consider supply chain risks, both in the context of failure to prevent fraud and of broader sustainability issues. Elizabeth Head, Kate Meakin and Rebecca Chin discuss whether suppliers are associated persons for the purposes of failure to prevent fraud, increased international expectations and requirements around human rights and environmenta...

The Adverb that Changed Everything: Arbitration, State Immunity and the case of General Dynamics v Libya Join Liz Kantor, Vanessa Naish, and guest, Andrew Cannon, as they explore the fascinating intersection of arbitration and state immunity in the Court of Appeal's decision in General Dynamics v Libya. They unravel how the addition of a single adverb in an arbitration clause could waive a state's...

The Regulator has wide-ranging powers of investigation. Among other things, it can issue a "section 72 notice" – a demand for documents and information. In this episode, we discuss when the Regulator can come knocking, and how trustees or employers should respond. As a firm, we have supported various clients faced with Regulator demands. Associate Phillipine Wiegand-Forson shares her thoughts. Sub...

In this episode we talk about the Primary Market Bulletin 54 published by the FCA on the leaking of inside information on M&A transactions. We discuss: • the issues that the FCA identifies; • how the leaking of information may be unlawful disclosure under the UK Market Abuse Regulation; and • the warnings the FCA is giving to individuals, issuers and advisers.

On the inaugural episode of the Inside Employment podcast series, hosts Anthony Wood, Partner, and Lucy Boyd, Executive Counsel, welcomed Katie Bull, Senior Associate, for a discussion on their top 5 predictions for major issues and developments which are likely to affect Australian employers in 2025, including: 1. The continued prominence of underpayment and compliance issues; 2. A focus on workp...

The UK Financial Conduct Authority (FCA) has announced its decision to drop its controversial proposals published last year to name firms it is investigating at an early stage and before any findings of misconduct have been made (sometimes referred to as 'name and shame'). In this episode of the FSR Brief, Jon Ford and Michael Tan discuss the announcement and key outstanding questions and reflect...

In this SPECIAL EDITION of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments – the so-called Quincecare duty of care. This episode is hosted by John Corrie, who is joined by Ceri Morgan and special guests Jenny Stainsby and Scott Warin. The English courts continue to grapple with payment processing claims brought by both victims of auth...

The Government's megafund proposals have sparked plenty of debate. This episode focuses on the investment piece. Are schemes under-invested in the UK? If so, what are the relevant obstacles and opportunities? And will consolidation really move the dial, as the Government contends? Funds specialist Krishna Shorewala joins to discuss. Subscribe to the HSF Pensions Notes Blog here: https://www.herber...

Changes to the Code rules on the companies to which the Takeover Code applies now in force In this episode of our public M&A podcast series, we talk about the changes to the Takeover Code that came into force on Monday 3 February 2025 and narrow the categories of company to which the Code applies. In the episode, we discuss: • the companies to which the Code still applies under the new rules; • wh...

In this episode of our public M&A podcast series, we talk about the themes and trends we saw in public M&A activity in 2024. In the episode, we discuss: • activity levels generally; • trends we saw in public M&A; and • the outlook for 2025.

In the second episode of our Toolbox Podcast series, C&I Disputes Partner Dan Dragovic, and Senior Associate Stewart McWilliam, discuss current contracting trends in the construction and infrastructure market, and what those trends will mean for 2025 and beyond. With private equity and public spending increasingly driving the energy transition, and a ‘hot’ contracting market pushing participants a...

Veronica Roberts (UK Head of Competition, Regulation and Trade), Peter Rowland (Of Counsel) and Ruth Allen (Knowledge Lawyer) share their insights into navigating competition law and FDI regulation in the pharmaceutical sector. Looking ahead to 2025, they highlight some key risks to be aware of and offer practical tips on pro-active steps that companies can take to address them. Topics discussed i...

In this third episode of the HSF FSR Brief, Jon Ford, Hywel Jenkins, Michael Tan and Elizabeth Stephens explore the FCA and FOS' recent Call for Input (CFI) on 'Modernising the Redress System'. They discuss the key aims of the CFI, current issues seen within the redress framework and suggest potential areas of reform to ensure the redress system works for stakeholders across the financial services...

Following the Federal Court’s significant judgment in ASIC v Noumi Ltd in 2024, the Full Court has now made orders allowing the appeals and finding that Noumi did not waive privilege in the PwC report by disclosing it to ASIC under a voluntary disclosure agreement. While the Full Court’s decision confirms that VDA arrangements can be an effective way to maintain legal professional privilege, Bryon...

Scheme mergers are common enough – but not like this one. The Arcadia case involved a merger of schemes in winding-up, with an overfunded scheme effectively bailing out a scheme in deficit. Why did the Court give its blessing? And what does this tell us about trustee powers and duties? Pensions Counsel Rob Klepka joins to discuss. Subscribe to the HSF Pensions Notes Blog here: https://www.herberts...

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Sarah Penfold. You can find links to our blogs on the cases covered in this podcast below: • High Court fin...

Following the publication of the long-awaited Government Guidance on reasonable fraud prevention procedures, this episode seeks to help organisations prepare for failure to prevent fraud, the new offence which will come into effect on 1 September 2025. As part of this episode, Kate Meakin, Elizabeth Head and Alexandra Fitzgerald discuss the Guidance and in particular how organisations should be im...

There is a lot of talk at the moment about AI Literacy, with requirements under the EU AI Act having come into force from 2 February 2025. During this espresso pod, Christine Young and Sian McKinley in the Employment team are joined by Morris Schonberg, a partner in the HSF Competition, Regulatory and Trade team in Brussels who is actively involved in clients' work and preparations related to the...

In this 29th episode of our series of commercial litigation update podcasts, we focus on developments relating to class actions, where there has been a huge amount of activity over the past couple of months. We will discuss cases brought under the CPR 19.8 representative action proceedings, group litigation orders, and the competition collective proceedings regime in the Competition Appeal Tribuna...

In this episode, Partner Christine Wong, Senior Associate David Kim and Solicitor Raymond Sun discuss cybersecurity and the impact of AI in financial services.

It’s the second episode of the HSF FSR Brief and this time the subject is the ongoing motor finance commissions saga. Jon Ford, Michael Tan, and Jack Moore discuss what the FCA has been up to, what is going on with its review into the industry, the links to claims due to be heard in the Supreme Court, and what might happen next. For background on motor finance commission, read our November 2024 no...

As ESG remains top of the agenda for many regulators in the UK and across Europe, we wanted our first episode in 2025 to bring you up to speed on some of the main ESG developments in the UK in 2024 from a regulatory perspective, and what we expect to see at the intersection between ESG and competition / consumer regulation in the UK this year. Speakers: Susan Black, Partner, Competition, Regulatio...

In this episode we cross examine Alastair MacGibbon, Chief Strategy Officer at CyberCX and one of Australia’s leading cyber security commentators. Alastair works with corporate Australia to advise on cyber risk, respond to incidents and build cyber resilience. Alastair has had a remarkable career, with 15 years in the Australian Federal Police, where he established Australia’s High Tech Crime Cent...

We discuss recent Ombudsman rulings on scams and liberation. The rulings send a clear message to scammers. But they're of wider significance: they explain the Ombudsman's thinking as regards trustee protections and personal liability. Senior associate Henry Saunders shares his thoughts.