Herbert Smith Freehills Podcasts

Episode 29: Gender-based undervaluation and its impact on modern award rates of pay Join industrial relations partners Nick Ogilvie and Rohan Doyle on our latest episode of Inside IR where they unpack the latest developments in the Fair Work Commission's assessment of gender undervaluation of wages, and explore the impact this is having on minimum award rates of pay. Over the last few years, the Commission has embarked on a comprehensive process to ensure that minimum rates of pay in modern awards reflect employees' work value and ensure equal remuneration for equivalent work performed by men and women. These cases are already delivering substantial increases in modern award rates of pay and arise in the context of the Commission's new obligation to consider gender-based undervaluation when varying award rates following the introduction of the Secure Jobs, Better Pay reforms. On this episode, Nick and Rohan explore the current cases before the Fair Work Commission and some of the key early decisions, and discuss which industries and occupations are likely to be considered next. Update: Since filming, the Fair Work Commission has also issued a Statement https://www.fwc.gov.au/documents/sites/am2025-19/2025fwcfb156.pdf confirming that the Commission will now determine whether minimum award rates of pay should be increased for professional degree-qualified employees covered by a provisional list of 22 modern awards. The list of awards is contained at Attachment A of the Statement. Interested parties have the opportunity to comment on the provisional list by 22 August 2025. Please get in touch with a member of our team if you would like to understand this process in further detail or are considering making a submission.

In this SPECIAL EDITION of our banking litigation podcast, we consider the Supreme Court's much-anticipated judgment in Hopcraft & Anor v Close Brothers Limited [2025] UKSC 33 https://caselaw.nationalarchives.gov.uk/uksc/2025/33 (relating to lender liability for the payment of third-party broker commissions in the motor finance context) and its key implications for financial services firms. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Emma Deas and Hywel Jenkins. You can find links to our blog posts on the case covered in this podcast below: • Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms https://www.hsfkramer.com/notes/bankinglitigation/2025-08/supreme-court-decision-in-hopcraft-motor-finance-commission-appeal • Court of Appeal finds lenders liable in motor finance broker commission cases https://www.hsfkramer.com/notes/bankinglitigation/2024-posts/Court-of-Appeal-finds-lender-liable-in-motor-finance-broker-commission-cases- Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

In part 2 of our investigations series, Tony Wood and Lucy Boyd sit down with Lisa Bradley, Principal of Papillon Consulting Group, to explore the realities of workplace investigations. Lisa shares her insights on emerging trends, including the rise of anonymous complaints, and breaks down the nuances between cultural reviews and investigations into specific allegations. Lisa offers a candid look at the challenges investigators face, including how they assess credibility, manage confidentiality, manage timelines and efficiency, and avoid common pitfalls. Whether you're navigating an investigation or simply curious about what goes on behind closed doors, this episode is packed with practical advice on the investigative process.

In this special episode of the Inside Arbitration podcast, Vanessa Naish, Liz Kantor and Andrew Cannon unpack the new Arbitration Act 2025, now in force across England, Wales, and Northern Ireland. Whether you're drafting clauses, navigating arbitration proceedings, or preparing for arbitrations claims in the English court, this episode breaks down the Act's most impactful changes - from retrospective application and summary disposal powers to arbitrator disclosures and jurisdictional challenges. Tune in for practical insights and strategic takeaways that every arbitration practitioner should know.

This is the 32nd episode of our series of commercial litigation update podcasts. In this episode we discuss recent judgments on privilege, litigation funding agreements, security for costs, the impact of sanctions on court orders and a couple of interesting contract law decisions, on good faith and contractual certainty, and an upcoming pilot on public access to court documents. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by James Baily, a disputes partner, and Jay Tampi, a senior associate in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Privy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholders https://www.hsfkramer.com/notes/litigation/2025-07/privy-council-abrogates-so-called-shareholder-rule-under-english-law-companies-can-assert-privilege-against-their-shareholders • Court of Appeal confirms litigation funding agreements are not DBAs if based on a multiple of funding rather than a percentage of damages https://www.hsfkramer.com/notes/litigation/2025-07/court-of-appeal-confirms-litigation-funding-agreements-are-not-dbas-if-based-on-a-multiple-of-funding-rather-than-a-percentage-of-damages • High Court finds there is no discretion to order security for costs in favour of an interested party https://www.hsfkramer.com/notes/litigation/2025-06/high-court-finds-there-is-no-discretion-to-order-security-for-costs-in-favour-of-an-interested-party • High Court declines to vary interim payment order despite sanctions concerns https://www.hsfkramer.com/notes/litigation/2025-07/high-court-declines-to-vary-interim-payment-order-despite-sanctions-concerns • High Court finds breach of express obligations of good faith but no loss https://www.hsfkramer.com/notes/litigation/2025-07/high-court-finds-breach-of-express-obligations-of-good-faith-but-no-loss • Agreements to agree: Court of Appeal finds supply contract enforceable despite leaving price to be fixed https://www.hsfkramer.com/notes/litigation/2025-07/agreements-to-agree-court-of-appeal-finds-supply-contract-enforceable-despite-leaving-price-to-be-fixed See podcast episode transcript here: https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-ep32-transcript.pdf

In this latest episode of Insurance Bites, Sarah McNally, Partner, and Sarah Irons, Knowledge Counsel, from the Insurance & Professional Risks team, explore the topical issue of tariffs and where corporates might find cover for some of the increased risks they face due to increased tariffs.

In this episode we talk about the influence we have seen shareholders have on recent transactions. Areas we discuss include shareholders: • pushing for M&A • influencing M&A, including through the use of irrevocable undertakings and stub equity • looking to block deals; and • being directly targeted for support by both targets and bidders. We also discuss the key takeaways for companies when dealing with shareholders. Speakers Antonia Kirkby and Greg Mulley.

In this episode we talk about the influence we have seen shareholders have on recent transactions. Areas we discuss include shareholders: • pushing for M&A • influencing M&A, including through the use of irrevocable undertakings and stub equity • looking to block deals; and • being directly targeted for support by both targets and bidders. We also discuss the key takeaways for companies when dealing with shareholders. Speakers Antonia Kirkby and Greg Mulley.

In part one of our investigations double episode, we unpack the technical and legal dimensions of workplace investigations, with a spotlight on whistleblowing. Together, Tony Wood and Lucy Boyd explore how clients can navigate the complexities of internal complaints, regulatory obligations and reputational risks. They spend time discussing the overall trend towards greater transparency, for example through positive duty obligations and shareholder activism, and how this is reshaping how organisations respond to complaints and how they conduct investigations. Listeners will gain insights into: • The importance of respecting whistleblower confidentiality and engaging with disclosures constructively. • How to structure investigations to ensure procedural fairness and legal compliance. • Common pitfalls in managing investigations and how to avoid them. • The evolving landscape of workplace activism, including the influence of movements like #MeToo and Black Lives Matter, and how the growing emphasis on psychosocial safety has empowered employees to speak up about misconduct. Whether you're an HR professional, in-house counsel, or business leader, this episode offers practical guidance and strategic insights to help you stay ahead in a rapidly changing compliance environment. Stay tuned for part 2 (available next week) where we speak with Lisa Bradley, a veteran workplace investigator, about her insights on how to conduct an effective investigation, including some of her key tips and traps and how to make factual findings when confronted by conflicting witness evidence.

On 2 July 2025, the FCA published Consultation Paper 25/18 https://www.fca.org.uk/publication/consultation/cp25-18.pdf, "Tackling non-financial misconduct in financial services", comprising both a Policy Statement and final rules, together with further consultation on the revised guidance proposed for the FCA Handbook. It has taken the FCA considerable time to reach this phase in the development of its NFM policy, and there has been significant change from its original proposals in CP23/20 https://www.fca.org.uk/publication/consultation/cp23-20.pdf. Even with further clarity and guidance from the FCA, this undoubtedly remains one of the most difficult areas for firms to grapple with. Join Jon Ford, Hywel Jenkins, Christine Young and Michael Tan as they discuss CP25/18 and consider whether it raises more questions than it answers.

Following new amendments to Australian anti-bribery and corruption laws introduced in September 2024, HSF Kramer Partners Leon Chung, Tania Gray and Eunice Park delve further into the offence and what Australian corporates should do if they find themselves in a foreign bribery situation and practical steps organisations can take to address risks. We are joined by HSF Kramer London Partner Kate Meakin to share practical insights from the United Kingdom's experiences with similar laws.

In this episode of Inside Safety, presenters Nerida Jessup and Olga Klimczak examine the evolving legal and regulatory landscape surrounding silica exposure and the associated risk of silicosis. With recent developments shifting the framework from workplace exposure standards to workplace exposure limits, the episode offers timely insights into how these changes affect compliance, risk management, and health outcomes – particularly in high-risk sectors like manufacturing and mining. The discussion also draws on historical parallels, such as asbestos, to explore what the future may hold for silica regulation. With the establishment of a dedicated regulatory silica taskforce, the presenters highlight emerging guidance and enforcement trends that are shaping workplace safety. Whether you're advising on policy, managing operations, or working on the ground, this episode provides essential context for navigating silica-related risks in today's industrial environments.

In this episode, we talk about Practice Statement 36 https://code.thetakeoverpanel.org.uk/tp/ps/ps-36.html which has recently been published by the UK Takeover Panel on unlisted share alternatives. Topics we discuss include: - what terms for an unlisted share alternative are acceptable, and what is not acceptable; - what rights can be attached to the shares; and - the disclosure required.

In this episode, Vanessa Naish and Liz Kantor are joined by their first external speaker, Kevin Nash, Director General of the London Court of International Arbitration. Kevin shares his vision for the future of the LCIA and what makes the LCIA unique, explores potential updates to its rules and offers his perspective on the vital role institutions play in international arbitration. Tune in for an informative conversation about the inner workings of the LCIA and institutional arbitration more generally.

In this episode of Inside IR, Rohan Doyle is joined by partners Anthony Wood and Wendy Fauvel to look ahead to the Federal Government's upcoming August 2025 Productivity Summit. Rohan, Tony and Wendy share what is known about the plans for the summit, and explore the all important question of what role industrial relations will play in improving the rate of productivity growth in Australia.

In this episode, we cross examine Tamir Maltz, Barrister at 12 Wentworth Selborne Chambers, Sydney. It would be hard to argue that there is anyone more experienced in cyber injunctions in Australia than Tamir. With over 20 years of experience, Tamir provides strategic legal advice and robust representation to clients across a variety of sectors including corporate, construction, property and technology. Tamir's career highlights include securing the first Australian injunction against a foreign hacking group. In this podcast we talk about the motivation behind the injunction initiative, the pros / cons and how the courts are viewing these arrangements. We also look at the client benefits and when they are best utilised. Who better to explain this than the individual who first implemented this initiative here in Australia (and the leading barrister in this space). Thanks again for listening. This is Cross Examining Tamir Maltz. Here we go…

Marina Reason and Rakshi Kiran examine FCA consultation paper 25/15, which proposes a brand-new prudential regime for cryptoasset firms, including rules on regulatory capital. This is the first sight of a dedicated prudential framework tailored specifically for crypto firms in the UK. CP25/15 is designed to be read alongside a related FCA consultation paper (CP25/14), which proposes rules and guidance on stablecoin issuance and cryptoasset custody. We unpacked the FCA's proposals on issuing qualifying stablecoins in our recent podcast "Decrypting the FCA stablecoin rules" - https://soundcloud.com/hsfkramer/fsr-podcast-decrypting-the-fca-stablecoin-rules - and we will be considering the FCA's proposals on crypto custody in a future podcast. These FCA consultations followed publication by HM Treasury of near-final draft legislation to create new regulated activities for cryptoassets, and an FCA discussion paper (DP25/1) on regulating cryptoassets, We discussed these developments in our podcast on the Top 3 takeaways from the new crypto rules https://soundcloud.com/hsfkramer/fsr-the-new-uk-crypto-rules and our related blog post https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/uk-cryptoassets-regime-the-draft-rules-have-landed. Speakers: Marina Reason, Partner, Financial Services Regulation, London; Rakshi Kiran, Associate, Financial Services Regulation, London.

On 6 April 2025 the UK's new consumer protection regime came into force. The changes, introduced under the Digital Markets, Competition and Consumers Act 2024, include a new direct enforcement regime for the CMA as well as a number of changes to the substantive law, aimed at improving and modernising consumer rights in order to ensure they keep pace with market developments, in particular the trend towards online retail and advertising. In this podcast we take you through the key features of the new, enhanced regime and we are joined by guest speaker Amy McMeekin, Head of Competition and Consumer Law at Sainsbury's, who provides some insights on the impact of the changes for businesses.

In this episode, Vanessa Naish and Liz Kantor are joined by Patricia Nacimiento, Laurence Franc-Menget, and Francis Greenway to explore recent and proposed reforms to arbitration laws in the UK, Germany, France, and Singapore. The discussion unpacks the motivations behind each jurisdiction's legislative updates, highlights key proposals, and considers their broader implications for international arbitration practice. Whether you're a practitioner, policymaker or arbitration enthusiast, this episode offers valuable insights into the evolving global arbitration landscape.

On 3 June 2025, the FCA published PS25/5 https://www.fca.org.uk/publication/policy/ps25-5.pdf which included the final version of its updated Enforcement Guide. In Episode 7 of the FSR Brief, Jon Ford and Michael Tan discuss the key changes to the FCA's approach to transparency in relation to investigations and the other changes to the Enforcement Guide, and how these may play out in practice. For an overview of the changes, read our blog post on PS25/5 https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/fca-final-enforcement-guide

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 Alexander Gridasov. You can find links to our blogs on the cases covered in this podcast below: County Court considers limitation period for unfair relationship claim in secret commission case https://www.hsfkramer.com/notes/bankinglitigation/2025-04/county-court-considers-limitation-period-for-unfair-relationship-claim-in-secret-commission-case Supreme Court confirms fiduciary must account even for profits that would have been made without the breach of duty https://www.hsfkramer.com/notes/bankinglitigation/2025-04/supreme-court-confirms-fiduciary-must-account-even-for-profits-that-would-have-been-made-without-the-breach-of-duty High Court grants banks' request to revoke final anti-suit injunctions in their favour but refuses to revoke declarations on jurisdiction https://www.hsfkramer.com/notes/bankinglitigation/2025-04/high-court-grants-banks-request-to-revoke-final-anti-suit-injunctions-in-their-favour-but-refuses-to-revoke-declarations-on-jurisdiction Court lambasts citation of fake authorities in proceedings and orders wasted costs https://www.hsfkramer.com/notes/litigation/2025-05/court-lambasts-citation-of-fake-authorities-in-proceedings-and-orders-wasted-costs Court of Appeal decision shows possibility of parallel proceedings inherent in asymmetric jurisdiction clauses https://www.hsfkramer.com/notes/litigation/2025-05/court-of-appeal-decision-shows-possibility-of-parallel-proceedings-inherent-in-asymmetric-jurisdiction-clauses Asymmetric jurisdiction clauses: when will they be effective? https://www.hsfkramer.com/notes/bankinglitigation/2025-04/asymmetric-jurisdiction-clauses-when-will-they-be-effective An overview of potential disputes caused by market dislocation https://www.hsfkramer.com/notes/bankinglitigation/2025-04/an-overview-of-potential-disputes-caused-by-market-dislocation Greenwashing at a glance - regulatory sanctions and claims in financial services across Europe https://www.hsfkramer.com/notes/bankinglitigation/2025-04/greenwashing-at-a-glance-regulatory-sanctions-and-claims-in-financial-services-across-europe Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies.

In this episode of the Herbert Smith Freehills Kramer 'Tax Bites' podcast, host Toby Eggleston alongside Professor Graeme Cooper and fellow partner Ryan Leslie, explore the complexities of the third party debt test as it relates to Australia's thin capitalisation rules. Key discussions include the overview and operational intricacies of the third party debt test introduced to replace the arm's length debt test, the guidance and issues arising from the ATO, and the impact of these changes on the infrastructure and property sectors. Special segments also cover the ATO's draft practical compliance guidelines on related party financing and the tax risk associated with the quantum of debt. In addition, the episode highlights updates on Section 899, U.S. tax policy interactions, and a farewell to fan favourite, Graeme Cooper after his substantial contributions to the firm. 00:10 Introduction and Welcome 00:54 Overview of Thin Capitalisation Rules 02:56 Third Party Debt Test Explained 06:11 Emerging Issues with Third Party Debt Test 12:34 Practical Challenges and Industry Reactions 20:14 Conduit Financing and Swap Costs 28:04 Draft Practical Compliance Guide (PCG) PCG 2025/D2 44:01 Closing Remarks and Farewell

Interview with Jen Sisson, CEO of the International Corporate Governance Network (ICGN) on AGMs, corporate reporting and governance reform in 2025 Speakers: Gareth Sykes, Partner and Jen Sisson, CEO of The International Corporate Governance Network

Interview with Jen Sisson, CEO of the International Corporate Governance Network (ICGN) on AGMs, corporate reporting and governance reform in 2025 Speakers: Gareth Sykes, Partner and Jen Sisson, CEO of The International Corporate Governance Network

In our second episode of Inside Employment, we explore the evolving intersection between industrial relations and immigration law. As regulatory frameworks continue to shift, we're seeing increasing crossover in the concepts and compliance expectations that govern both domains. Joining host Drew Pearson, Partner at Herbert Smith Freehills Kramer, and Executive Counsel Sophie Beaman, is special guest Charles Johanes from Fragomen. Together, they unpack the parallels between recent developments in IR legislation and the emerging trends in immigration compliance. From the growing role of regulators to the shared challenges faced by employers navigating these complex landscapes, this conversation offers valuable insights for legal professionals, HR leaders, and policy watchers alike.

Marina Reason and Chloe Kim unpack the FCA's proposals on issuing qualifying stablecoins that are set out in consultation paper 25/14, published in late May. In CP25/14, the FCA also seeks views on proposed rules and guidance for safeguarding qualifying cryptoassets, including qualifying stablecoins. We will consider these proposals in a future podcast. Publication of CP25/14 represents another milestone met under the FCA's crypto roadmap. It follows publication by HM Treasury (in late April) of near-final draft legislation to create new regulated activities for cryptoassets, and an FCA discussion paper (DP25/1) (published in early May) on regulating cryptoassets, Both the draft legislation and DP25/1 are considered in our recent podcast on the Top 3 takeaways from the new crypto rules https://soundcloud.com/hsfkramer/fsr-the-new-uk-crypto-rules and our related blog post https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/uk-cryptoassets-regime-the-draft-rules-have-landed.

In this edition of the Public Law podcast series, Andrew Lidbetter and Jasveer Randhawa explore implications of the growing role of AI in decision-making by public bodies and regulators. With AI being increasingly used to inform regulatory and public body decisions, Andrew and Jasveer outline how the current judicial review procedure operates in the context of a challenge to a decision which has involved the use of AI. Exploring its complexities, they discuss challenges posed by decisions which involve the use of AI and the possibility of future changes in judicial review practice which this developing technology may require. Speakers: Andrew Lidbetter (Consultant) and Jasveer Randhawa (Knowledge Counsel).

In this episode of the Herbert Smith Freehills Kramer Tax Bites podcast, hosts Toby Eggleston and Professor Graham Cooper discuss the significant implications of the proposed Section 899 under President Trump's 'One Big, Beautiful Bill' Act. They delve into how these retaliatory taxes imposed by the US aim to counteract what are perceived to be unfair or discriminatory foreign taxes, particularly affecting Australian companies. The discussion covers the legislative background, specific unfair taxes such as undertaxed profits rules, digital services taxes, and diverted profits taxes. They also explore the potential consequences for Australian taxpayers, the Australian government's actions, and the broader impact on the international tax regime. 00:10 Introduction and Greetings 00:31 Overview of Section 899 and Its Implications 00:56 Background and Legislative Process 01:52 Impact on Australian Firms and Government 05:26 Unfair Foreign Taxes Defined 10:29 Potential Triggers and Affected Taxes 11:53 Impact on Australian Taxpayers and Government 16:52 Modifications to BEAT Rules 20:50 Treaty Interactions and Future Implications 23:23 Conclusion and Final Thoughts

This is the 31st episode of our series of commercial litigation update podcasts. In this episode we will discuss fake authorities, the Hague 2019 judgments convention, the Civil Justice Council's report on litigation funding, a recent decision where the English court has accepted jurisdiction despite acknowledging that the case had a closer connection with Brazil, and some interesting recent cases on responding to proceedings and inadvertent disclosure of privileged material. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Neil Blake, a disputes partner, and Tracey Lattimer, a knowledge lawyer in the commercial litigation team. Below you can find links to our blog posts on the developments and cases covered in this podcast. Links • Court lambasts citation of fake authorities in proceedings and orders wasted costs - https://www.hsfkramer.com/notes/litigation/2025-05/court-lambasts-citation-of-fake-authorities-in-proceedings-and-orders-wasted-costs • The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution - https://www.hsfkramer.com/notes/litigation/2024-06/the-hague-2019-cudgments-convention-bolstering-the-uks-position-as-a-jurisdiction-of-choice-for-international-dispute-resolution • Civil Justice Council's final report on litigation funding recommends "light touch" statutory regulation - https://www.hsfkramer.com/notes/litigation/2025-06/civil-justice-councils-final-report-on-litigation-funding-recommends-light-touch-statutory-regulation • High Court allows case to proceed against defendant companies domiciled in England despite claims having more real and substantial connection with Brazil - https://www.hsfkramer.com/notes/litigation/2025-03/high-court-allows-case-to-proceed-against-defendant-companies-domiciled-in-england-despite-claims-having-more-real-and-substantial-connection-with-brazil • High Court declines to extend time for defendant to challenge court's jurisdiction, despite claim form having been served out of time - https://www.hsfkramer.com/notes/litigation/2025-04/high-court-declines-to-extend-time-for-defendant-to-challenge-courts-jurisdiction • High Court grants permission to rely on inadvertently disclosed privileged documents where the mistake was not obvious - https://www.hsfkramer.com/notes/litigation/2025-05/high-court-grants-permission-to-rely-on-inadvertently-disclosed-privileged-documents-where-the-mistake-was-not-obvious See podcast episode transcript here - https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-transcript-ep31.pdf

Changes are being made to company law, to tackle fraud and boost transparency. The changes affect pension schemes. In particular, trustee directors will in future need to verify their identity. Isobel Hoyle from our corporate team joins to discuss. She explains what identity verification will involve, and flags other points which should be on the radar of trustees and employers. For more on identity verification and the changes generally, click here for a suite of guides published by Isobel and colleagues. Subscribe to the HSF Pensions Notes Blog here: https://www.hsfkramer.com/notes/pensions/subscribe

In this episode we talk about auction procedures under the Takeover Code. We discuss: • what an auction procedure is; • when they are used; and • how they work.

After initial scepticism, Crypto is making its way into the UK regulatory perimeter. In the sixth episode of the FSR Brief, Jon Ford and Michael Tan are joined by Chris Ninan and Elizabeth Stephens to discuss the road to regulation, with a focus on the recently published statutory instrument https://www.gov.uk/government/publications/regulatory-regime-for-cryptoassets-regulated-activities-draft-si-and-policy-note from the UK Government, and the FCA's "DP25/1: Regulating cryptoasset activities". https://www.fca.org.uk/publication/discussion/dp25-1.pdf We explore how the Government and the FCA propose to balance the promotion of growth of the Crypto industry with the need to protect consumers. This episode supplements the podcast by our FSR advisory team on the Top 3 Takeaways from the new Crypto Rules https://soundcloud.com/hsfkramer/fsr-the-new-uk-crypto-rules, and the blog post about the draft rules https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2025-posts/uk-cryptoassets-regime-the-draft-rules-have-landed.

Marina Reason and Ioannis Asimakopoulos discuss the scope of the new UK crypto rules and highlight the top 3 takeaways. They consider the draft legislation that will bring certain cryptoassets within the financial services regulatory perimeter. They also outline the key aspects of a related Financial Conduct Authority (FCA) discussion paper that sets out the FCA's initial proposals for regulating these new activities. Speakers: Marina Reason, Partner, Financial Services Regulation, London and Ioannis Asimakopoulos, Senior Associate, Financial Services Regulation, London.

Tune into our 27th episode of Inside IR, in which IR experts Rohan Doyle (Partner) and Emma Vautin (Senior Associate) are joined by Steve Bell, Managing Partner and Safety lead, to discuss “Managing picket lines at the workplace – the crossover between IR and safety”. In this episode, the team share their extensive experience in working alongside clients in managing pickets outside their workplaces and reflect on what they see as an increasing frequency of workplace pickets. Steve, Emma and Rohan reflect on the harm that obstructive pickets can cause, the psychosocial health and safety risks that they sometimes present, and share tips on how employers and principals can promote safe access to and egress from their worksites during these events.

Artificial intelligence is upon us, but are schemes ready? Trustees may not yet be offering AI tools, but members have been quick off the mark. In this second episode, we discuss how members are using AI, before closing with practical tips for trustees. Our guest, again, is comms consultant Thomas Joy (Quietroom). Subscribe to our Pensions Notes Blog here: www.herbertsmithfreehills.com/notes/pensions/subscribe

Tim Stutt, Anna Coroneo and Isabella Kelly delve into the integration of sustainability reports into annual reports, exploring the challenges and strategies for clear and effective climate-related disclosures. They cover a broad spectrum of topics including the potential for ASIC relief applications, complexities of cross-referencing and implications of the modified liability regime. They share insights from the latest ASIC sustainability guidance released in March 2025 and practical tips for ensuring compliance and effective communication in your sustainability reporting.

Karen is a genuine global leader in the cyber-legal space. She manages the relationship between Google Mandiant and its law firm and insurance partners. She has had a remarkable cyber career…think FireEye, Safeguard Cyber, Mandiant and now Google Mandiant! Karen and I caught up at the IAPP Global Conference in Washington D.C. and then again at the RSAC Conference in San Francisco. We recorded this session as some 50,000 cyber experts took over downtown San Francisco. If you want to know more about the interaction between law firms and cyber forensic firms, this podcast is for you. Karen shares her views on the current threat landscape, the role of the cyber-forensic expert, the remarkable rise of the Google Mandiant cyber team and successful engagement with law firms / legal teams. A proud Buffalonian and fierce advocate for women in cyber. This is cross-examining Karen Kukoda. Here we go…

In the first episode of the podcast, hosted by Steve Bell and Nerida Jessup, we focus on a contemporary issue for Australian workplaces - psychosocial health and safety. Traditionally centred on physical risks, there has been a significant shift over the past five years towards managing non-physical risks such as bullying and sexual harassment. This now includes considerations on how work is performed, allocated, and designed to help employees thrive. This episode highlights the increased regulation and enforcement in this area more recently, emphasising the need for developing risk registers to identify psychosocial risks and implementing consistent controls. It also notes the growing expectation for HR and people and culture teams to adopt the language of work health and safety and risk management, offering practical tips on how to effectively manage these changes.

In this episode of the Talking Shop podcast, we delve into the role of Intellectual Property (IP) as a tool for sustainability. We explore how technology and IP can be leveraged to reduce waste while simultaneously increasing value for a brand, and the balance between innovation, sustainability, and IP protection.

Artificial intelligence is upon us, but are schemes ready? Like it or not, members are already turning to AI to guide their pension decisions. In the first of two episodes, we focus on the opportunities and challenges for trustees. Thomas Joy, from comms consultants Quietroom, joins to discuss with pensions partner Michael Aherne. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe

Talking Shop EP19: Global M&A trends in the consumer sector by Herbert Smith Freehills Podcasts

In our first episode of The Third Wheel for 2025, Tim Stutt, Anna Coroneo and Suzannah Hewson explore the key themes and latest trends in climate and sustainability reporting both globally and in Australia. They offer practical advice for companies preparing for new regulatory requirements and conducting climate reporting readiness initiatives, including gaps analysis, data management, and stakeholder engagement. They also explore broader ESG issues, such as integrating ESG into risk management and procurement processes, and the future of nature-related reporting.

In this edition of our banking litigation podcast, we discuss and debate 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 Ariel Wiebe. You can also listen on Apple, Spotify, Buzzsprout and SoundCloud, and find links to our blog posts on the cases covered in this podcast below: • Court of Appeal confirms that dishonesty is essential ingredient in half-secret commission claims https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/court-of-appeal-confirms-that-dishonesty-is-essential-ingredient-in-half-secret-commission-claims • High Court confirms 5,800 motor finance claimants can use omnibus claim forms and do not need to issue separate claim forms https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-motor-finance-claimants-can-use-omnibus-claim-forms-and-do-not-need-to-issue-separate-claim-forms • High Court confirms no novel "retrieval" duty owed by receiving banks to non-customers https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-no-novel-retrieval-duty-owed-by-receiving-banks-to-non-customers • High Court rules in favour of APP fraud victims in "derivative" action against PSP for breach of so-called Quincecare duty https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-04/high-court-rules-in-favour-of-app-fraud-victims-in-derivative-action-against-psp-for-breach-of-so-called-quincecare-duty • Banking litigation podcast episode 51: Quincecare special – March 2025 https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/Banking-litigation-podcast-episode-51--Quincecare-special-%E2%80%93-March-2025 • High Court finds Letter of Comfort creates binding guarantee and Ralli Bros principle not engaged where foreign illegality arises from failure to seek regulatory permission https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-letter-of-comfort-created-binding-guarantee-ralli-bros-principle • Asymmetric jurisdiction clauses: CJEU finds jurisdiction clause in favour of EU courts may be valid despite giving one party greater choice https://www.herbertsmithfreehills.com/notes/litigation/2025-03/Asymmetric-jurisdiction-clauses--CJEU-finds-jurisdiction-clause-in-favour-of-EU-courts-may-be-valid-despite-giving-one-party-greater-choice- • Hedging: where is the dividing line? https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-04/Hedging--where-is-the-dividing-line- • Biannual Banking Litigation Update (Spring 2024) https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/bi-annual-banking-litigation-update-spring-2025 Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

As part of Government's relentless drive to grow the economy, regulators have been challenged on how they can support the growth agenda. In Episode 5 of the FSR Brief, Jon Ford and Michael Tan are joined by Jenny Stainsby and Tim Parkes to discuss how this is playing out in Financial Services, and how regulators are responding. At the same time as going "God on Growth", the FCA has fired up the debate about where the balance should lie between consumer protection and risk taking, and where the "sweet spot" lies between over and under regulating.

In this episode of the Herbert Smith Freehills Tax Podcast, partner Toby Eggleston and consulting Professor Graham Cooper discuss recent tax policy announcements from both major political parties in light of the upcoming election. They focus on measures affecting large businesses, small businesses, and individuals and on unenacted measures and the implications of these policies for businesses and taxpayers. also touch on the impact of global tax trends, specifically the OECD's pillar one and pillar two frameworks. 00:10 Introduction and Welcome 00:37 Election Cycle Updates 01:50 Tax Proposals for Individuals 08:49 Tax Proposals for Small Businesses 15:15 Venture Capital and Fuel Excise 18:01 Unenacted Measures and Future Proposals 28:47 Conclusion and Final Thoughts

Reforms to the ‘tipping off' offence under section 123 of the Australian Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) came into force from the 31st of March. The revised offence differs significantly from the former regime and will have significant implications for the day-to-day practices of many Australian businesses. In this episode, HSF Partners Bryony Adams and Alice Molan, and Senior Associate Daniel Hyde, outline how the revised offence differs from the former, discuss key themes emerging from AUSTRAC's recently released guidance, and provide some thoughts on what the reforms might mean for reporting entities and others.

In this Easter edition of the public law podcast, Jasveer Randhawa is joined by HSF partners Nusrat Zar and James Wood. Together, they discuss the application and availability of public law in a contractual context. They then delve into the cases of Sarcp and Clifford to consider the duty to consult and the Gunning principles. To conclude, they explore approaches to the extension of Convention rights and reflect on public law courts' willingness to carry out and safeguard their role in cases ranging from environmental protection to unfairness relating to policy changes. Don't forget to subscribe to the channel to receive updates on future episodes: https://soundcloud.com/herbert-smith-freehills Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner). You can find out more about the cases covered in this podcast on our blog at the following links: Court of Appeal finds contractual dispute resolution process amenable to judicial review https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/Court-of-Appeal-finds-contractual-dispute-resolution-process-amenable-to-judicial-review- How (not) to consult: consultation and the Gunning principles in operation https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/how-not-to-consult-consultation-and-the-gunning-principles-in-operation No interest here: High Court refuses to extend extraterritorial scope of the European Convention on Human Rights https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/no-interest-here-high-court-refuses-to-extend-extraterritorial-scope-of-the-european-convention-on-human-rights European Court of Human Rights finds first violation of Convention rights based on climate change https://www.herbertsmithfreehills.com/notes/publiclaw/2024-04/european-court-of-human-rights-finds-first-violation-of-convention-rights-based-on-climate-change European Court of Human Rights finds state failure to deal with decades of large scale pollution breaches right to life https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/European-Court-of-Human-Rights-finds-state-failure-to-deal-with-decades-of--large-scale-pollution-breaches-right-to-life

In this episode, we cross examine Mark Rigotti, Managing Director and Chief Executive Officer of the Australian Institute of Company Directors (AICD), technically the largest director institute in the world with 53,000 members. Mark has had a remarkable career, including as Global CEO at Herbert Smith Freehills for two terms over 2014-2020 (based in London). He was also Chair of the firm's Global Executive, Chair of the Global Diversity & Inclusion Group and a Member of the HSF Global Partnership Council. Prior to becoming the Global CEO of HSF, he led a number of practice groups including the Banking and Finance Group as well as the Corporate Group. In this podcast we go deep into cyber governance, we look at the role of the AICD, the challenges faced by the board before / during an incident, how you measure risk for your businesses and make risk based decisions. We also take a closer look at trust at the board table – both between directors and between management. I had to ask Mark about the role of the lawyer in cyber…his observations are spot on. Thanks again for listening. This is Cross Examining Mark Rigotti, CEO of the AICD. Here we go…

In this episode we discuss "bear hugs", that is where a potential bidder for a target goes public about its possible offer without the target board's consent and appeals directly to the target's shareholders. We talk about: • why a bear hug might be used by a bidder; • where we have seen them used in recent months; and • why we are seeing more of them.

Join our experts as they discuss how to approach legal professional privilege in the context of collaboration platforms such as Microsoft Teams, Slack and WhatsApp, particularly in light of possible requirements to produce documents to regulators, discovery obligations and other litigation processes.