Herbert Smith Freehills Kramer Podcasts

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，我们讨论境外投资者如何通过投资协定来保护他们的...

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

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

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 Naish and Liz Kantor (arbitration), Maura McIn...

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 the doctrine did not adequately deal...

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.

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 implications.

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 refresher on the preconditions that need to be met for...

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:  Court of Appeal c...

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

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 groups (notably the Great Barrier Reef Foundati...

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 our insights based on experience with the...

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=podcast

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. Subscribe to the HSF Pensions Notes Blog .

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 a web of positive legal obligations on various ES...

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 and the way in which the ACSC can assist an entity...

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 on why the rule regarding the governing law o...

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

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 Royal Australian Navy, was awarded the Conspicuous...

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 dynamics of the Australian job market, and also delv...

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. Speakers: Antonia Kirkby and Robert Moore.

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 litigation team, who is joined by Ceri Morgan and specia...

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 to consider CAR policies and claims!

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 in light of both recent and historical high-profil...

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 of assets subject to tax, updates to the principal...