A series of thought leading podcasts ranging on topics and sectors by Herbert Smith Freehills. For more information please visit www.herbertsmithfreehills.com
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Real Estate EP12: Extending corporate liability under the Building Safety Act 2022 - can the corporate veil be protected?
19:20
19:20
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19:20
In our latest podcast, Kate Wilson, a Professional Support Consultant in our London Real Estate team, is joined by Alex Wright, a Senior Associate in our Corporate Real Estate team, and Somers Brewin, Vice-President in the Transactional Risk team at Lockton, to discuss the potential liabilities that can arise on corporate acquisitions pursuant to t…
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Public M&A EP23: Competing takeover offers
12:51
12:51
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12:51
In the latest episode of our latest Herbert Smith Freehills UK public M&A podcast series, we discuss competing takeover offers. We have seen a significant uptick in competitive situations in recent months – we saw just one target receive firm competing offers in 2023, but have already seen four in the first four months of 2024. In this episode, we …
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Employment Espresso Pods: The Activism Boom in and outside of the office
15:03
15:03
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15:03
Nowadays, 94% of organisations have measures in place to manage what employees can do or say publicly, and 36% admit that how organisations respond to geo-political events is a key reputational issue (HSF Future of Work Report 2021 ). Employee activism in relation to events generally unrelated to the individual's workplace causes concern for employ…
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Tax Bites EP12: Budget 2024 Highlights: Tax Implications and Changes
22:02
22:02
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22:02
In this special late night edition of the Tax Bites podcast Professor Graham Cooper, Nick Heggart, Ryan Leslie and Toby Eggleston delve into the key tax-related aspects of Budget 2024. The discussion begins with general observations about the budget's minimalistic approach to new tax measures before shifting to specific changes, such as the unexpec…
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Cross Examining Cyber EP5: Cross Examining Andrew Penn - Part 1
28:42
28:42
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28:42
This is Episode 5 of Cross Examining Cyber, a podcast series where we speak to those on the cyber frontline, defending Australian corporates and citizens from cyber risks. In this episode we cross examine Andy Penn, previously CEO of Telstra and more recently the Chair of the Government’s Expert Advisory Board (leading the development of strategic …
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Bank of America Legal Diversity Programme: Imposter Syndrome
47:42
47:42
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47:42
We are delighted to share a new instalment in our BofA Legal Diversity Programme Podcast series, in collaboration with Herbert Smith Freehills. This latest collaboration explores the topic of imposter syndrome, and its origins, impact and effect on professional life. A 2021 article in the Harvard Business Review shone a light on issues with the ter…
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Investigate 360: EP7 – Changes to foreign bribery laws are here: how can you prepare?
31:33
31:33
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31:33
After three attempts, a bill proposing a corporate offence of failing to prevent foreign bribery has passed parliament with the aim of strengthening Australia’s anti-bribery and corruption laws and bringing them into line with laws in the UK. In this special Investigate 360 episode, we share a recent client briefing exploring the repercussions and …
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Real Estate EP11: Reforming the private rented sector: What landlords/investors need to know about the Renters (Reform) Bill
23:07
23:07
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23:07
In our latest podcast, Sebastian Taylor, a partner in our London Real Estate team, is joined by Matthew Bonye, Head of Real Estate Dispute Resolution, and Shanna Davison, Professional Support Lawyer, to discuss the Renters (Reform) Bill, the impact it will have on the private rented sector and steps that landlords/investors should be taking to prot…
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Public M&A EP22: UK Takeover Panel consultation on which companies should be subject to the Takeover Code
8:01
8:01
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8:01
In our latest Herbert Smith Freehills public M&A podcast we discuss the consultation by the UK Takeover Panel to narrow the scope of companies to which the Takeover Code applies. We discuss: who will be in scope under the proposed new rules which companies will cease to be subject to the Code, and the transitional provisions for those companies whe…
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Banking Litigation Podcast EP45: Monthly Update - March/April 2024
23:40
23:40
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23:40
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 Mark Tanner. You can find links to our blogs on the cases…
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Inside IR (Australian Industrial Relations) EP18: ‘Secure Jobs, Better Pay’ reforms – Impact so far
46:00
46:00
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46:00
489 days since the passing of the Secure Jobs, Better Pay Act, this episode of Inside IR provides a timely update on how this legislation is impacting enterprise bargaining in Australia. Rohan Doyle is joined by Senior Associates Victoria Fijalski and Mathew Reiman to explore how key changes introduced by the Act are playing out in workplaces and t…
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Tax Bites EP11: Navigating Australia's Tax Landscape: A discussion on recent Part IVA Decisions
42:16
42:16
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42:16
In this episode of the Herbert Smith Freehills Tax Bites podcast, Toby Eggleston partners with Consulting Professor Graham Cooper and fellow partner Ryan Leslie to dive deep into recent Federal Court decisions on the anti-avoidance provisions in Part IVA of the Income Tax Assessment Act 1936. The discussion begins with insights into the Minerva Fin…
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Himalayan Bites: EP26 Q1 2024 Wrap
4:50
4:50
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4:50
Tony Damian and Andrew Rich are back! Himalayan Bites kicks off with our Q1 2024 review.De către Herbert Smith Freehills Podcasts
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FSR GPS (Australia): EP12 – ASIC V RM Capital
18:28
18:28
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18:28
Join Partners Michael Vrisakis and Andrew Eastwood and solicitor Abby Sutherland in conversation on reasonable steps obligations and conflicted remuneration, as illuminated in the recent case of Australian Securities and Investments Commission v R M Capital Pty Ltd [2024] FCA 151.De către Herbert Smith Freehills Podcasts
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The Third Wheel (ESG Australia) EP41: So you want to be a carbon farmer?
23:52
23:52
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23:52
Lucy McCullagh, Alice Molan, Mark Hatfull and Naomi Hutchings delve into the multifaceted world of carbon offset projects working toward Australia’s net zero and nature positive goals, from regulatory considerations to project finance and structuring. Key concepts are outlined including the Carbon Farming Initiative Act, the Australian Carbon Credi…
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LPP: Legal Privilege Podcast (Aus) EP7 – Important privilege implications from ASIC v Noumi Ltd
35:48
35:48
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35:48
Andrew Eastwood and Bryony Adams discuss an important Federal Court judgment handed down recently in ASIC v Noumi Ltd which has wide-ranging implications for organisations facing litigation and regulatory proceedings and their approach to legal professional privilege, particularly those in the banking and financial services sectors.…
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FSR GPS (Australia): EP11 – Important privilege implications from ASIC v Noumi Ltd
36:28
36:28
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36:28
Andrew Eastwood and Bryony Adams discuss an important Federal Court judgment handed down recently in ASIC v Noumi Ltd which has wide-ranging implications for organisations facing litigation and regulatory proceedings and their approach to legal professional privilege, particularly those in the banking and financial services sectors.…
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Cross Examining Cyber EP4: Cross Examining Bill Siegel – Part 2
32:20
32:20
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32:20
In this episode, we return with Part 2 of our discussion with Bill Siegel, the CEO of Coveware. We look closely at Coveware itself (and its history), the scope of Coveware’s services, how threat actor negotiations unfold, banning ransom payments, the role of the cyber simulation and what makes a good simulation. We also discussed the role of the bo…
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This month Jojo Fan spoke with Cindy Hui, General Counsel for Alibaba's International Digital Commerce Group. Cindy shares her tips for young women looking to enter new tech industries, and the trend towards work-life integration enabled by increased connectivity and new ways of working.De către Herbert Smith Freehills Podcasts
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Competition law reform in Australia - EP1: Merger reform
31:45
31:45
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31:45
In our first Podcast on the work of the Treasury Taskforce, Stephanie Panayi and Andrew North delved into the merger reform proposals that were under consideration by the Treasury Taskforce preceding today’s Government announcement. Leveraging Andrew's extensive knowledge of the UK and EU merger regimes, we dissect several key aspects of the Treasu…
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Investigate 360 x The Third Wheel: Corporate Crossroads – ESG and Criminal Responsibility
34:23
34:23
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34:23
Jacqueline Wootton, Christine Wong and Christopher Hicks discuss the intersection between corporate criminal responsibility and ESG in a Third Wheel X Investigate 360 collaboration episode exploring governance, social licence to operate and the regulation of ESG issues under criminal standards. The serious risks associated with criminal matters are…
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Employment Espresso Pods: Spring Clean for your policies? UK Employment Law changes in force from 6 April
18:13
18:13
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18:13
It is estimated that 55% of the UK workforce is planning on requesting flexible working hours once some significant changes to Employment Law, including to the flexible work request regime, come into effect from Saturday 6 April. Employers need to be aware of these changes, which extend to family leave rights, redundancy protection, tribunal compen…
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Reporting For Duties: ESG Reporting in Australia - A new climate reporting regime… now what?
12:27
12:27
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12:27
Now legislation for Australia’s new climate reporting regime has finally been introduced into Parliament, what impact will it have for corporates?... (and when?). The new climate reporting regime is likely to require a significant uplift in corporate reporting – and will require considerable resources and effort over the next 12-18 months. This epi…
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Reporting For Duties: ESG Reporting in Australia - Getting ready for climate reporting
7:55
7:55
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7:55
Given the scale of the exercise to report against the new climate reporting regime, what sort of foundational steps should companies be considering now? In this episode, we share our insights into common pain points and suggested focus areas to help identify aspects of reporting for front loading, ahead of the new regime commencing.…
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Reporting For Duties: ESG Reporting in Australia - Climate governance frameworks
9:03
9:03
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9:03
The new reporting regime will be a prompt for companies to critically assess whether existing governance arrangements are ‘fit for purpose’ (and disclosure) in respect of climate impacts, risks and opportunities. In this episode, we talk about how companies are stress-testing their governance arrangements, reconsidering the division of responsibili…
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Reporting For Duties: ESG Reporting in Australia - Gaps analysis
10:37
10:37
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10:37
The shift from voluntary (or no) climate-related reporting to full compliance with the Australian Sustainability Reporting Standards (ASRS) will require differing degrees of uplift for each company, but it is difficult to know where to start. Conducting a gaps analysis can help to identify priority areas for uplift and areas where underlying proces…
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Reporting For Duties: ESG Reporting in Australia - Verification
5:40
5:40
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5:40
The process to test and verify the integrity of climate-related information will be critical in ensuring public disclosures match internal practices, and that claims can be substantiated if challenged. As well as being a baseline expectation of the Board, a thorough verification process will be important to substantiate claims and underpin assuranc…
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Reporting For Duties: ESG Reporting in Australia - International reporting frameworks
14:22
14:22
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14:22
Now legislation for Australia’s new climate reporting regime has finally been introduced into Parliament, what impact will it have for corporates?... (and when?). The new climate reporting regime is likely to require a significant uplift in corporate reporting – and will require considerable resources and effort over the next 12-18 months. This epi…
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Reporting For Duties: ESG Reporting in Australia - ASRS: Metrics & targets pillar
8:59
8:59
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8:59
Climate-related metrics and targets are already a key area of focus for stakeholders, but under the new regime there will be more granularity than has been disclosed in the past. The ASRS metrics & targets pillar requires companies to take the leap towards granular quantitative disclosures (including in relation to Scope 3 emissions). In this episo…
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Reporting For Duties: ESG Reporting in Australia - Modified liability regime
11:16
11:16
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11:16
The new regime will require unprecedented levels of forward-looking information to be included in corporate reporting, as well as dependencies on estimation and third-party data with respect to Scope 3 emissions. Directors will also be asked to declare their reporting is compliant with the ASRS. The modified liability has been reshaped various time…
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Reporting For Duties: ESG Reporting in Australia - ASRS: Risk management pillar
8:08
8:08
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8:08
Climate-related risk is probably one of the better understood concepts under ASRS, however, how will companies expand that framework to include disclosure of their management (i.e. identification, assessment, prioritisation and monitoring) of climate-related opportunities as well? The ASRS risk management pillar requires companies to deep dive into…
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Cross Examining Cyber EP3: Cross Examining Bill Siegel – Part 1
30:48
30:48
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30:48
This is Episode 3 of Cross Examining Cyber, where we cross examine Bill Siegel, CEO & Co-Founder of Coveware. We could have talked to Bill for hours, so we have broken this podcast in two. Part 1 covers a range of issues including the establishment of Coveware, the value of good data, cyber extortion payment trends, cyber extortion “business models…
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Reporting For Duties: ESG Reporting in Australia - Assurance
11:07
11:07
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11:07
How can companies prepare for the assurance requirements when they’re still a moving target in and of themselves…? In this episode, we talk about the current proposal from the Australian Auditing and Assurance Standards Board (AUASB) for phased assurance (with consultation open until 3 May 2024). We also talk through some practical steps that compa…
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Reporting For Duties: ESG Reporting in Australia - ASRS: Governance pillar
7:06
7:06
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7:06
Board and management oversight of climate issues is not a new concept, but deciphering and disclosing how this occurs in practice is often a challenge. The ASRS governance pillar requires quite granular disclosures of the board and management’s role in overseeing climate-related risks and opportunities. In this episode, we talk about how to articul…
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Reporting For Duties: ESG Reporting in Australia - ASRS: Strategy pillar
7:46
7:46
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7:46
Disclosure under this pillar is not just headline statements and overarching direction. These mandatory climate-related disclosures will mean that a company’s “strategy” will need to include comprehensive disclosure of how climate considerations are integrated into decision-making. The ASRS strategy pillar requires companies to focus not just on it…
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Employment Espresso Pods: Important changes to the law on redundancies
22:02
22:02
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22:02
The basics of redundancy processes in the UK have been unchanged for some time, so the forthcoming changes from 6 April could be a trap for the unwary, if usually confident managers are not careful. Speakers: Nick Wright, Partner, London and Anna Henderson, Professional Support Consultant, LondonDe către Herbert Smith Freehills Podcasts
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FSR GPS (Australia): EP10 – Impact of quantum computing in financial services
25:28
25:28
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25:28
In this episode, join Partner Peter Jones, Regional Head of Emerging Technology (APAC) Susannah Wilkinson, Senior Associate Anjelica Balis and Solicitor Nayan Bhathela as they explore the impact of quantum computing on the financial services sector.De către Herbert Smith Freehills Podcasts
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Tax Bites EP10: Big changes to Victorian stamp duty regime
19:49
19:49
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19:49
In this episode associate Mark Peters and partner Toby Eggleston discuss the potentially huge changes to the stamp duty regime in Victoria for commercial property. While it initially sounds straightforward, there are a number of nuances and potential issues for future transactions. More details can be found in our tax insights.…
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The Third Wheel (ESG Australia) EP39: The ESG Crystal Ball for 2024
28:11
28:11
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28:11
Isabella Kelly fires up the crystal ball and invites Tim Stutt and Mel Debenham to share their ESG predictions for 2024. Mel discusses the timing tightrope for decarbonisation projects, Commonwealth environmental legislative reform and a very different approach to regulation. Tim queries if there is an elastic start date for mandatory climate repor…
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The Fraud Files: Decoding the Economic Crime Act EP5: Associated persons & failure to prevent fraud
14:56
14:56
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14:56
Under the new offence of failure to prevent fraud, companies can incur liability as a result of acts by their "associated persons". In this episode Elizabeth Head, Rob Hunt and Shannan Casey-Black discuss the types of third parties that can be "associated persons" for this purpose, consider how this compares with similar concepts under the Bribery …
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Commercial Litigation EP23: General update
18:16
18:16
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18:16
In this 23rd episode of our series of commercial litigation update podcasts, we look at the government's plans for the litigation funding industry, and a consultation on proposals regarding public access to court documents. We also consider two recent cases on costs – more specifically costs against non-parties and security for costs – and a recent…
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Cross Examining Cyber EP2: Cross Examining Hamish Hansford - Part 2
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27:30
Hot-on-the-heels of our inaugural podcast, we now bring you Cross Examining Cyber, Episode 2, the cross examination of Hamish Hansford (Part 2). We take the time to speak to Hamish about the SOCI Act, whether we are winning the war on cyber and the role of lawyers in the crisis room. +++ Cyber Risk Survey 2024 now live! Following the success of our…
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Shareholder Activism EP4: Activism and M&A
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12:42
In this episode of our shareholder activism podcast series, we look at activism in the context of M&A. We discuss how shareholders can: encourage M&A, by pushing companies to pursue a transaction; influence M&A, for example by agitating for a higher price from the bidder on a takeover offer; or threaten M&A, by seeking to block a transaction. We al…
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Cross Examining Cyber EP1: Cross Examining: Hamish Hansford - Part 1
19:42
19:42
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19:42
In this series, we will explore all things cyber, including the legal, regulatory and policy developments that impact corporate Australia. We will do this by speaking to those people who are shaping the Australian legal and regulatory environment. Those who are on the front line of protecting Australian companies from cyber incidents. In our inaugu…
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Turning Tides: Australian ECM Review 2023 Podcast
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12:06
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12:06
Partners Nicole Pedler and Alex Mackinnon summarise the Australian capital markets in 2023 and our predictions for 2024, with an expanded review this year to focus on secondary raisings, blog trades and some interesting transaction structures which have emerged in 2023. Explore our review here: https://www.herbertsmithfreehills.com/insights/reports…
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Banking Litigation Episode 44: Monthly update - January/February 2024
23:48
23:48
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23:48
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 Nora van Meerwijk. You can find links to our blogs on the…
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Inside IR (Australian Industrial Relations) EP17: ‘Closing Loopholes’ reform – passing of Bill #2
50:55
50:55
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50:55
Our latest episode of Inside IR looks at the second tranche of ‘Closing Loopholes’ reforms, which passed both Houses in mid-February 2024 and included some surprise last-minute additions. Rohan Doyle is joined by HSF partners Anna Creegan and Shivchand Jhinku, who dissect some of the key elements of these important reforms, including the new defini…
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On The Horizon EP7: A Companies House Update
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13:00
A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies - a Companies House update. Speakers: Sarah Hawes, Head of Corporate Knowledge and Gareth Sykes, PartnerDe către Herbert Smith Freehills Podcasts
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Inside Arbitration Podcasts: Clause and Effect: Unicredit, Enka and the Arbitration Bill
15:34
15:34
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15:34
Join Liz Kantor, Vanessa Naish, and guest, Hannah Ambrose, as they delve into the Court of Appeal's judgment in the Unicredit v RusChemAlliance case. They unravel why the governing law of the arbitration agreement mattered in that case, and why this remains such a topic of debate in the arbitration community. They will consider how the current posi…
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Tax Bites EP9: Pepsico vs the ATO: embedded royalties, withholding tax and the Diverted Profits Tax
18:23
18:23
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18:23
In this episode associate Geraldine Chan and partner Ryan Leslie join Toby Eggleston to discuss the main takeaways of the Commissioner’s win in the PepsiCo case. More details can be found in our tax insights blog.De către Herbert Smith Freehills Podcasts
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