Herbert Smith Freehills Podcasts

Trends in Advertising Claims in China - Is there a fine line between yes and no? Consumer behaviour continues to be impacted by COVID-19, with the ‘homebody economy’ seemingly here to stay in 2021. We discuss the resulting trends in advertising claims in China, for example the increasing link between “clean” and “safe” for household care products. Misleading claims may lead to regulatory investigation initiated by the regulators and class actions brought by consumers, we discuss some of the rules and considerations to keep top of mind with your marketing team. Speaker: Cathy Liu, Partner, HSF Kewei

In this eighth episode of our series of commercial litigation update podcasts, we will give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties having agreed a settlement. We will also look at some of the very few English cases to date which consider frustration and force majeure in the context of the Covid-19 pandemic. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Gayatri Gogoi, an associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • European Commission recommends that EU reject UK bid to join Lugano Convention https://hsfnotes.com/litigation/2021/05/04/european-commission-recommends-that-eu-reject-uk-bid-to-join-lugano-convention/ • Brexit: key practical implications for disputes and dispute resolution clauses https://hsfnotes.com/litigation/2021/01/26/brexit-key-practical-implications-for-disputes-and-dispute-resolution-clauses/ • Parent companies’ documents found to be in subsidiaries’ control for disclosure purposes https://hsfnotes.com/litigation/2021/04/23/parent-companies-documents-found-to-be-in-subsidiaries-control-for-disclosure-purposes/ • Commercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documents https://hsfnotes.com/litigation/2021/05/05/commercial-court-finds-witness-evidence-less-reliable-where-witnesses-did-not-refresh-memories-from-contemporaneous-documents/ • Court of Appeal confirms fraud exception to without prejudice (WP) rule extends to cases where a party wishes to rely on WP statements to rebut allegations that a settlement agreement is invalid https://hsfnotes.com/litigation/2021/04/22/court-of-appeal-confirms-fraud-exception-to-without-prejudice-wp-rule-extends-to-cases-where-a-party-wishes-to-rely-on-wp-statements-to-rebut-allegations-that-a-settlement-agreement-is-invalid/ • High Court agrees not to hand down judgment where settlement was reached after parties received draft judgment https://hsfnotes.com/litigation/2021/03/25/high-court-agrees-not-to-hand-down-judgment-where-settlement-was-reached-after-parties-received-draft-judgment/ • High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit https://hsfnotes.com/bankinglitigation/2021/03/24/high-court-finds-alleged-frustration-of-contract-due-to-covid-19-pandemic-is-not-sufficiently-arguable-to-grant-injunction-restraining-demand-under-letter-of-credit/ • High Court considers doctrine of frustration in Covid context and confirms there is no such thing as “temporary frustration” https://hsfnotes.com/litigation/2021/05/20/high-court-considers-doctrine-of-frustration-in-covid-context-and-confirms-there-is-no-such-thing-as-temporary-frustration/ • High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic https://hsfnotes.com/litigation/2021/05/25/high-court-considers-operation-of-force-majeure-clause-where-party-had-to-self-isolate-for-12-weeks-due-to-covid-19-pandemic/

In episode two of our Future Cities podcast, partner Nicholas Carney is joined by Lewis McDonald (Global Head of Energy) and Matthew White (Head of Planning, London), to discuss the pressing need to make our energy consumption more efficient and cut emissions as our cities continue to grow.

This episode will explore the recent copyright case involving Clive Palmer and his use of the Twisted Sister hit “We’re Not Gonna Take It” including what arguments were raised in defence of the copyright infringement claim and the nature of the final remedies. Click here to read our IP team’s overview of this case: https://www.herbertsmithfreehills.com/latest-thinking/copyright-owners-%E2%80%9Cdon%E2%80%99t-have-to-take-it%E2%80%9D-federal-court-of-australia-awards

The Covid-19 pandemic has had an inevitable impact on operational challenges for businesses, including commonly covered issues such as technical limitations and maintaining business continuity. One area that has not escaped the changes brought about by the pandemic is the conduct of investigations. Businesses conducting investigations, already facing a number of competing demands on their resources, must now grapple with the added challenges raised by remote investigations including practical considerations and navigating tricky areas such as privacy and confidentiality. In the second episode of our Japan Corporate Crime and Investigations Podcast Series, James Allsop https://www.herbertsmithfreehills.com/our-people/james-allsop, Elaine Wong https://www.herbertsmithfreehills.com/our-people/elaine-wong and Michael McErlaine https://www.herbertsmithfreehills.com/our-people/michael-mcerlaine discuss some of these challenge, and practical steps for the effective running of remote investigations. Speakers: James Allsop (Of Counsel, Tokyo), Elaine Wong (Partner, Singapore), Michael McErlaine (Senior Associate, Tokyo)

This is the first in our series exploring the findings in ACICA’s Australia Arbitration Survey. The survey unearthed some really promising data regarding the scale of arbitration activity occurring in Australia – most notably, it found evidence of 223 unique arbitrations active over a 3 year period with a combined value in dispute estimated at around $35 billion. However, the survey also revealed some confronting statistics regarding the diversity of arbitrator appointments, notably, that more than 90% of arbitrators appointed to arbitrations with an Australian connection were male. Those arbitrators were similarly likely to be either Australian or English. Our guests discuss these diversity statistics and the measures aimed at tackling this imbalance: • Deborah Tomkinson, Secretary General, Australian Centre for International Commercial Arbitration (ACICA) • Paula Hodges, Head of Global Arbitration Practice, Herbert Smith Freehills • Chad Catterwell, Partner, Herbert Smith Freehills • Guillermo Garcia-Perrote, Senior Associate, Herbert Smith Freehills

This episode will explore issues around the possible patent waiver of IP rights related to COVID-19 vaccines by the WTO including what is actually being proposed and the complexities in providing equitable access to the vaccines.

Workplace Mental Wellness: Thoughts and experiences on how to lead and motivate in times of such uncertainty. To mark Mental Health Awareness Week #MHAW21, Tim Leaver is joined by Sam Brown, a partner in our Pensions team and UK Regional Head of Employment, Pensions & Incentives for a discussion on workplace mental health and wellness, how the pandemic has impacted our wellbeing and awareness of our mental health and they share tips and personal experiences of how as leaders they are mindful of this and have motivated their teams. Speaker details and title: Tim Leaver, Partner, Employment., HSF, Samantha Brown, Partner, Pensions and UK Regional Head of Employment, Pensions & Incentives

'Shadow bidding' – when does an approach about a possible offer have to be announced? In the latest episode in our public M&A podcast series, we discuss when an approach to a target about a possible takeover offer has to be announced. This is a topic that has been discussed in the press recently, amid complaints from shareholders, who only discovered once a firm offer was announced that the target had received a number of approaches prior to the firm offer announcement, and reports that the Takeover Panel are reviewing the rules around announcing an approach. In the podcast we discuss: • the current Takeover Code requirements around announcing an approach; • the announcement obligations in the Market Abuse Regulation; and • our thoughts on whether the rules need to be reformed.

In our next episode, the team looks at non-competes; the current status of the law in this area and the proposed changes the Government is considering; what are the practical implications of these changes? Speakers: Tim Leaver, Partner, Employment, Christine Young, Partner, Employment and Nick Wright, Senior Associate, Employment.

The Covid-19 pandemic has had an inevitable impact on operational challenges for businesses, including commonly covered issues such as technical limitations and maintaining business continuity. But there has also been a significant spike in compliance issues which have arisen due to the shift to remote or agile working globally, which could have equally serious ramifications for businesses if not managed effectively. Such risks include maintaining confidentiality, technology risks, mitigating material breaches, and anti-bribery and corruption – to name a few. In the first episode of our Japan Corporate Crime and Investigations Podcast Series, David Gilmore https://www.herbertsmithfreehills.com/our-people/david-gilmore, Craig Shepherd https://www.herbertsmithfreehills.com/our-people/craig-shepherd and James Allsop https://www.herbertsmithfreehills.com/our-people/james-allsop discuss some key compliance risks in the workplace, and practical steps for management and teams to implement in order to mitigate or manage these risks.

On this episode Steven Jacobs is joined by Danielle Langhoff and Yasmin Mitha, experts on addiction-related legal claims and regulation, to discuss loot boxes, social casinos, and gaming apps that may target children with addictive in-game purchases which include randomized rewards—creating what some have referred to as a "gambling apprenticeship." The discussion touches upon how these games may run afoul of gambling laws, the lawsuits we are seeing in this area, and best practices for game developers to avoid legal risk.

In this podcast, Caroline Escott, Trustee of the Standard Life Master Trust, shares her views on diversity in the pensions and financial services sectors with Professional Support Consultant, Tim Smith. During the conversation, Caroline discusses: - her career journey to date - her views on how the pensions and financial services industries are performing when it comes to diversity and inclusion - obstacles and challenges she has faced related to diversity and inclusion - steps that can be taken to encourage diversity (including diversity of thought) among trustees. To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog. hsfnotes.com/pensions/subscribe/ To view our other pensions podcasts, including the other podcasts in this series, click here: hsfnotes.com/pensions/?m=podcasts

There are a number of key issues that businesses need to be mindful of when considering strategic realignment of their supply chain. In this video we explore these issues, together with predictions in light of Covid-19. Speakers: Chad Catterwell, Partner, Melbourne and Kathryn Sanger, Partner, Hong Kong

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Mannat Sabhikhi. You can find links to our blog posts on the cases covered in this podcast below: - High Court determines that reliance issues in context of a s.90A FSMA claim should be heard at first trial https://hsfnotes.com/bankinglitigation/2021/04/16/high-court-determines-that-reliance-issues-in-context-of-a-s-90a-fsma-claim-should-be-heard-at-first-trial/ - High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period https://hsfnotes.com/bankinglitigation/2021/03/10/high-court-strikes-out-s-90a-fsma-claims-for-failure-to-comply-with-pre-service-joinder-rules-following-expiration-of-arguable-limitation-period/ - Supreme Court allows appeal in jurisdictional challenge relating to parent company duty of care https://hsfnotes.com/bankinglitigation/2021/02/15/supreme-court-allows-appeal-in-jurisdictional-challenge-relating-to-parent-company-duty-of-care/ - High Court considers principles relating to cut-off dates and the costs of advertising in group litigation https://hsfnotes.com/litigation/2021/02/11/high-court-considers-principles-relating-to-cut-off-dates-and-the-costs-of-advertising-in-group-litigation/ - High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation https://hsfnotes.com/bankinglitigation/2021/03/19/high-court-finds-that-a-claimants-awareness-of-a-representation-is-an-essential-prerequisite-to-a-claim-for-misrepresentation/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/