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

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

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

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

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

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

It’s the second episode of the HSF FSR Brief and this time the subject is the ongoing motor finance commissions saga. Jon Ford, Michael Tan, and Jack Moore discuss what the FCA has been up to, what is going on with its review into the industry, the links to claims due to be heard in the Supreme Court, and what might happen next. For background on m…

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

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

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

Join Vanessa Naish, Liz Kantor and new guest Martin Wallace as they delve into the most significant development of 2024: the rise of anti-suit injunctions. In this episode, they explore the legal arsenal available to practitioners in seeking the support of state courts for arbitration agreements, focusing on high-profile cases from the English and …

In this episode of our public M&A podcast series, we talk about the latest development in the MWB ruling. As we discussed in Episode 26 of our podcast series, the Takeover Panel last year issued an order to members of management in MWB Group to pay compensation to MWB shareholders of up to £33 million (as well as issuing 10 cold-shoulder rulings). …

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

The Pensions Ombudsman is overloaded. The determination process can take as long as three years. Now changes are proposed, to cut the backlog and reduce waiting times. Dan Saunders joins us to discuss the changes, and the implications for scheme members and trustees.Subscribe to the HSF Pensions Notes Blog here.…

in the last episode for 2024, Tony Damian and Andrew Rich cover off some of the highlights of their 2025 M&A predictions! Read our predictions here: https://www.herbertsmithfreehills.com/insights/2024-12/top-10-australian-manda-predictions-for-2025Oleh Herbert Smith Freehills Podcasts

In this not-to-be-missed final episode of InsideIR for 2024, your favourite IR team has done all the hard work for you, and pulled together a succinct summary of: the top 5 issues that shaped industrial relations in 2024, and our predictions on the top 5 IR issues that you will need to get ahead of for 2025. In this bumper end-of-year edition, Roha…

In the final episode of The Third Wheel for 2024, Tim Stutt and Mel Debenham reflect on the year’s ESG developments and look ahead to 2025. They discuss the recent governmental response to the statutory review of the Modern Slavery Act 2018 (Cth); the winding path of nature positive reforms in Australia; preparations ahead of the first year of repo…

In this first episode of the FSR Brief, Jon Ford and Michael Tan discuss the latest developments with the Financial Conduct Authority's (FCA) consultation on transparency in investigations (CP24/2 Part 2). They discuss whether the changes to the FCA's "Public Interest Framework" go far enough to address the significant concerns raised in relation t…

In our latest episode, Camille Puech-Baron is joined by Angeline Woods, Senior Director for Global Antitrust, Artificial Intelligence and EU affairs at Uber, where she talks openly about the fast-paced environment of a tech company and the need to be dynamic and adaptable. Angeline also shares her views on leveraging the challenges and setbacks you…

Six years have passed since the first Lloyds ruling. How far has the industry got with GMP equalisation? Cathryn Marson discusses the current state of play, and the issues which she comes across when advising trustees. Speakers: Richard Evans, Professional Support Lawyer and Cathryn Marson, Senior Associate…

In this special pre-Christmas podcast episode, Nusrat Zar, James Wood and Jasveer Randhawa take a look back at some of the key developments from the last few months of 2024, with a particular focus on novel cases and cases which show the extent (and limits of) public law. Human rights in climate litigation – thoughts from the Dutch Court of Appeal …

In this episode of our public M&A podcast series, we discuss Primary Market Bulletin 52 where the FCA reminds companies that they need to consider the UK Market Abuse Regulation, as well as the Takeover Code, if they receive an approach about a possible takeover offer. In the podcast, we discuss: when an approach about a possible offer will be insi…

In true Christmas spirit, we decided to deliver what many have been asking for….in this episode we cross examine Lieutenant General Michelle McGuinness, Australia’s National Cyber Security Coordinator. As the Coordinator, she leads national cyber security policy, the coordination of responses to major cyber incidents, whole of government cyber inci…

In this edition of our Public Law Podcast series, Nusrat Zar and Jasveer Randhawa are joined by Lord Charles Banner KC, who is a leading authority in planning, environmental, and public law, with a focus on infrastructure and energy developments. We discuss Lord Banner's review into the planning and delivery of nationally significant infrastructure…

It is now just over one year since the National Anti-Corruption Commission (NACC) commenced operations and Partner Jacqueline Wootton and Solicitor Caitlin Philp explore how the NACC has developed in that time and how our Australian clients can be prepared for the Commission’s activities moving forward. This episode deep dives into the NACC’s prior…

In this episode, we explore some of the current talking points for policyholders in the energy sector which were explored at a session we co-hosted with Airmic (the UK association of Insurance and Risk) at the Onshore Energy Conference in London in November 2024: LEG clauses – which we cover in detail in Episode 1 of Insurance Bites A recently cert…

While Artificial Intelligence has been a part of our technological landscape for years, it is getting a lot of attention thanks to the rise of Generative AI, which has captivated the public’s imagination. Director of Generative AI, Susannah Wilkinson is joined by Professor Nicholas Davis, Co-Director at the UTS Human Technology Institute and Anna G…

Heat networks have a crucial role in decarbonising the supply of heat in urban areas and are undergoing a major transformation as the Energy Act 2023 put in place a framework for the regulation of heat networks as well as for heat network zoning. In this episode, David Evans, Gabrielle Coppack, Kate Laidlow-Singh and Chloe Taylor explore: (i) how t…

When launching its General Code of Practice, The Pensions Regulator laid down a challenge for trustees: they should take the opportunity to ensure that their scheme is "fit for the 21st century". What changes may trustees need to make in the light of the Code? And, faced with a document which runs to 170 pages, where should they start? Trustee advi…

In this episode of Inside IR, Natalie Gaspar and Adam Ray discuss the impact of generative AI on industrial relations and bargaining. They explore how AI technologies, particularly generative AI, are transforming workplaces by performing tasks that typically require human input, such as content creation and decision-making. The episode delves into …

In this 28th episode of our series of commercial litigation update podcasts, we give updates on developments relating to representative actions and litigation funding, a couple of interesting contract law cases, on waiver of contractual rights to terminate and the interplay between a liability cap and set-off, and a Court of Appeal decision relatin…

Our experts unpack some of the critical legal considerations to navigate the complexities of AI-related issues and disputes. The discussion touches on the current and future legal framework, some of the regulatory, enforcement and litigation risks associated with the use of AI including IP, AI washing, data and privacy, and consideration of how to …

In this episode of Going for Green on Real Estate Transactions, Nick Hew, a senior associate in the Real Estate practice at Herbert Smith Freehills, is joined by Carolyn Milligan, a partner in the same group, and Neal Scambler, a Corporate Real Estate Advisor. They discuss the current market trends and some of the key considerations regarding green…

In this episode, Cam is again joined by Kaman Tsoi and, together, they continue the cross-examination of Privacy Commissioner Carly Kind. In this podcast, we talk about the role of the board, the OAIC’s enforcement approach and the Cyber Security Strategy, including the Commissioner’s view on the extortion demand ‘conundrum’. Commissioner Kind also…

In this episode of Talking Shop, Susan Black, a partner in the Competition practice at Herbert Smith Freehills and Global Co-Head of HSF’s Consumer Sector group, is joined by Shona Grey, a partner in HSF's Real Estate practice, and David Evans, a senior associate in the same group. They discuss the resurgence of the retail sector in the UK and Euro…

Changes rarely happen in a vacuum. Adaptation in the workplace often occurs in many varying, but interconnected, ways, prompted by regulatory, legislative, and political changes as well as changes in societal expectations. In this Espresso Pod, we explore where our clients might experience some competing tensions in the workplace in the future, and…

"Trustee boards lack diversity, but not the desire to improve". That was the conclusion of The Pensions Regulator, based on a survey conducted earlier this year. Jia Liu joins us to explain why trustees should be focussing on EDI, and the steps which they can take.Subscribe to the HSF Pensions Notes Blog. Speakers: Richard Evans, Professional Suppo…

Episode 2 of our podcast series Going for Green on Real Estate Transactions explores the key areas of ESG focus for developers/landlords and tenants on pre-letting transactions as well as how ESG issues are impacting the terms of Agreements for Lease and related documents.Oleh Herbert Smith Freehills Podcasts

Join Jason Betts and Melissa Gladstone as they explore the class actions landscape and perception of class action risk areas concerning corporate Australia, what has changed in the last five years regarding their risk assessment and key class action risk areas to be aware of. Read our report: https://www.herbertsmithfreehills.com/insights/2024-09/r…

In this episode, Christine Wong and Camille Tewari explore cyber class action risk and explore why it emerged as the top concern among class action risk areas in our Rethinking Risk: Inside Class Actions” report. Read our report: https://www.herbertsmithfreehills.com/insights/2024-09/rethinking-risk-inside-class-actions…

In this podcast series, we explore all things cyber, including the legal, regulatory and policy developments that impact corporates around the world. We look at the evolving cyber risk landscape, by speaking to those people who are on the frontline, protecting companies from cyber incidents and shaping the legal and regulatory environment. In this …

This podcast explores how ESG is changing the way in which construction projects are being delivered, and the agreements and contracts involved, as well as what lawyers can do to help deliver a client's ESG objectives on commercial development projects. Speakers: Matthew Bool, Partner, HSF, London, Charles Horne, Project Director, British Land, Bec…

Cyber risk is a major issue for pension schemes. Antonia Pegden, a commercial disputes lawyer at HSF who focuses on insurance, pensions, and professional negligence, joins The Pensions Exchange to discuss cybersecurity. We consider the steps which trustees should take, to guard against cyber attacks and to be ready should the worst occur. You can f…

Tony Damian and Andrew Rich discuss all you need to know about special dividends in public M&A deals with Tax M&A partner Jay Prasad.Oleh Herbert Smith Freehills Podcasts

In this episode of our public M&A podcast series, we look at Practice Statement 31, which was updated by the Takeover Panel earlier this year. Practice Statement 31 describes the Takeover Panel's approach to formal sale processes, strategic reviews and private sale processes. In the podcast, we discuss: formal sale processes under the Takeover Code…

In this podcast, we explore 'debanking' in the financial services sector and the critical issues banks need to consider. Join our hosts, Jenny Stainsby, Jacqueline Wootton, and Matthew Eglezos who break down how banks are adapting to evolving regulatory and customer expectations. Speakers: Jenny Stainsby, Partner & Global Head of Financial Services…

Miriam Everett welcomes Stacey Quaye, Head of Digital Assets, Innovation and Design at UBS, to share what she's learned throughout her career. Together they discuss how the worlds of tech and law collide and what the biggest challenges and opportunities are at the intersection of technology and banking.…

In this episode, Cam Whittfield is joined by Carolyn Pugsley, an advisor to boards and a leader in corporate governance advice. Together we continue our discussion with David Thodey. Today, we shift focus to some of the more challenging themes. We talk about the Cyber Strategy and payment of extortion demands. We also ask for David’s guidance for d…

In this episode of Inside IR, Steve Bell and Natalie Gaspar explore the new "right to disconnect" in Australia, which allows employees to refuse to monitor or respond to work-related communications outside of their ordinary hours, unless it is unreasonable to do so. Steve and Nat explore the implications of these new laws, including the role of the…