Herbert Smith Freehills 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投资。我们探讨在政治和监管风险日益增加的情况下，投资协定保护的重要性，并解释了投资条约提供的实质性保护和争端解决机制。 Speakers: Ye Weina (Partner, Herbert Smith Freehills Kewei Joint Operation), Gerald Leong (Senior Associate, International Arbitration, London), Nicole Jiang (Associate, Herbert Smith Freehills Kewei Joint Operation) 主讲人：叶微娜 (合伙人, 科伟史密夫斐尔联营办公室), Gerald 梁伟强 （伦敦办公室国际仲裁部资深律师），江晨艺 （科伟史密夫斐尔联营办公室律师）

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 McIntosh (commercial litigation) and Ceri Morgan (banking litigation) – to discuss the benefits Hague 2019 will bring to the enforcement of English judgments, how that compares to the enforcement position for arbitration awards, and the various factors that need to be weighed in the balance when choosing dispute resolution options. Commercial litigation podcast series – Episode 25: Special edition on the Hague Judgments Convention 2019 https://www.herbertsmithfreehills.com/notes/litigation/2024-06/commercial-litigation-podcast-series-episode-25-special-edition-on-the-hague-judgments-convention-2019 The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution https://www.herbertsmithfreehills.com/notes/litigation/2024-06/the-hague-2019-cudgments-convention-bolstering-the-uks-position-as-a-jurisdiction-of-choice-for-international-dispute-resolution

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 with the realities of corporate structures, making it disproportionately difficult to prosecute large organisations for wrongdoing committed by their employees, Parliament enacted the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), which introduced a new statutory route to attributing criminal liability to a corporate. Under new provisions which came into force in December 2023, a corporate can be liable where a ‘senior manager’, acting with their actual or apparent authority, commits a listed economic crime offence. In this episode, Elizabeth Head, Eamon McCarthy-Keen, and Jessica Chappatte discuss the background to the reforms, the new provisions of the ECCTA 2023, and the implications for businesses of this expanded route to corporate criminal liability. You can also read our briefing on this topic, which is available on our blog: https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2023-06/further-uk-corporate-criminal-liability-reform-corporates-may-be-liable-for-actions-of-senior-managers

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.

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!

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 the Fair Work Commission to make an intractable bargaining declaration; • review the case law within the intractable bargaining jurisdiction to date, and identify the 5 key traps for employers – mistakes that, if made, are going to lead to poor bargaining outcomes – and tips for how to avoid them; and • answer the burning question – is there any upside in the intractable bargaining regime for employers?

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 considers whether default interest clause is an unenforceable penalty https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/Court-of-Appeal-considers-whether-default-interest-clause-is-unenforceable-penalty • Court of Appeal dismisses claim by participant against lender of record in a sub-participation arrangement https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/Court-of-Appeal-dismisses-claim-by-participant-against-lender-of-record-in-a-sub-participation-arrangement • High Court finds agent breached fiduciary duty in "half secret" commission case https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/High-Court-finds-agent-breached-fiduciary-duty-in--half-secret--commission-case • High Court grants injunctions in favour of bank in context of syndicated loan dispute over payments withheld due to sanctions https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/High-Court-grants-injunctions-in-favour-of-bank-in-context-of-syndicated-loan-dispute-over-payments-withheld-due-to-sanctions- • High Court finds party has practical control over documents of sub-contractor and sub-sub-contractor for disclosure purposes https://www.herbertsmithfreehills.com/notes/litigation/2024-07/high-court-finds-party-has-practical-control-over-documents-of-sub-contractor-and-sub-sub-contractor-for-disclosure-purposes- • The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution https://www.herbertsmithfreehills.com/notes/litigation/2024-06/the-hague-2019-cudgments-convention-bolstering-the-uks-position-as-a-jurisdiction-of-choice-for-international-dispute-resolution • Banking litigation podcast episode 47: Sanctions special – July 2024 https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/banking-litigation-podcast-episode-47-sanctions-special Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

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

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 adoption of similar legislation in Australia. In the second, we shared our experience from working with employers in Asia and EMEA about similar applicable laws and duties to prevent sexual harassment. In this, the final episode in the mini-series, our Employment Lawyers in South Africa and the United States draw a comparison with their jurisdictions. Speakers: Jacqui Reed, Senior Associate, South Africa and Tyler Hendry, Senior Associate, United States.

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 Foundation). David has always taken a customer-centric view of business and has recently taken on the role as Chancellor of the University of Sydney. In this episode, I am joined by Carolyn Pugsley, part of our market leading Head Office Advisory Team. As you would expect, Carolyn advises many of our board level clients on cyber risk. What better person to cross examine David! The content from our discussion was so rich, we decided to break the podcast in two (we actually toyed with a series of podcasts with David alone). Our discussion was priceless. In this episode (part 1 of 2), David talks about his career journey and provides some incredibly valuable insights into the role of a director and board in a cyber incident. I know you will get a lot from this discussion (and the next one too). Cross examining David Thodey (Part 1). Here we go…

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=soundcloud&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 here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe

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 ESG topics, identify and address thematic ESG issues early, and mitigate against the reputational impacts that can arise when concerns are aired publicly. For more, read our legal briefing on ASIC’s guidance for handling whistleblower disclosures: https://www.herbertsmithfreehills.com/insights/2023-03/australia%E2%80%99s-corporate-whistleblower-protections-in-the-spotlight

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 of the arbitration agreement contains a carve-out for arbitration agreements derived from a standing offer to submit disputes to arbitration where the offer is contained in a treaty or foreign legislation.

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 (both with advice, technical assistance or disruptive actions). Abi also calls out her top 6 non-negotiables for building cyber resilience. Fantastic content.

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 Service Cross in 2005 and holds a Bachelor of Laws and a Bachelor of Asian Studies. A fascinating start to a remarkable career in the public service. In this episode (part 1 of 2), Abi talks about her career and the increasing relevance of the ACSC. She provides a unique perspective to the cyber challenge, one that is based on resilience uplift across the economy. As always, it was great to speak with Abi and I know you'll enjoy the discourse. Cross examining Ms Abi Bradshaw (Part 1). Here we go…

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 delve into the global trends in this area, particularly in the US and UK. The conversation further touches on the role of the Australian Competition and Consumer Commission (ACCC) and the potential changes in its jurisdiction over employment-related matters.