Herbert Smith Freehills Podcasts

What is oversailing, and why does it matter? Kathryn Oie and Fiona Sawyer discuss what permissions and consents might be needed to oversail, what variations there are on oversailing, such as undersailing, and what can be done where it’s not possible to get the relevant consents. Speakers: Kathryn Oie, Of Counsel, Real Estate, London and Fiona Sawyer, Professional Support Lawyer, Planning, London

We have seen shareholders influence the outcome of a bid in a number of ways recently, including: • agitating for a bid; • blocking a bid; • challenging a scheme at the sanction hearing; and • bumpitrage. In the latest episode in our public M&A podcast series, we look at the different tactics shareholders may use and what bidders and targets can do to protect a deal. Speakers: Harriet Forrest and Antonia Kirkby

In our latest podcast, Deputy Head of Global Arbitration Andrew Cannon and Professional Support Consultant Vanessa Naish analyse the revisions and highlight the more significant changes in the recently released LCIA Rules 2020. Speakers: Andrew Cannon, Deputy Head of Global Arbitration Vanessa Naish, Professional Support Consultant

In our sixth episode, The Hon Justice Jonathan Beach of the Federal Court, Damian Grave and Stefanie Wilkinson discuss the Myer shareholder class action. The class action against Myer was the first shareholder class action in Australia to proceed to judgment. Justice Beach was the Trial Judge in that class action and in this podcast we explore some of the issues in that case and with shareholder class actions in Australia.

As Victoria settles into Stage 4 lockdown and Australia tries to keep new coronavirus outbreaks under control, many parents and carers are again facing the difficult juggle of work, parenting, and home-learning responsibilities. We want to support working parents and carers through this stressful and often tiring period. Dr Michael Carr-Gregg, renowned psychologist, author, broadcaster, and children and families specialist, will join Heidi Asten, Partner in our Melbourne Environment, Planning & Communities team, to explore parenting skills, knowledge and strategies from a psychological perspective; setting the emotional tone and talking about COVID-19 with your children; resilience and self-care for parents; and your questions about parenting in lockdown.

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 Ajay Malhotra. You can find links to our blog posts on the cases covered in this podcast below: Untangling, but not killing off, the Japanese knotweed: Supreme Court confirms existence and scope of “reflective loss” rule https://hsfnotes.com/bankinglitigation/2020/07/20/untangling-but-not-killing-off-the-japanese-knotweed-supreme-court-confirms-existence-and-scope-of-reflective-loss-rule/ High Court requires claimant investors to disclose their investment history to show their level of sophistication and appetite for risk https://hsfnotes.com/bankinglitigation/2020/08/05/high-court-requires-claimant-investors-to-disclose-their-investment-history-to-show-their-level-of-sophistication-and-appetite-for-risk/ High Court finds no duty of care owed for late execution of orders due to unforeseen market turbulence https://hsfnotes.com/bankinglitigation/2020/07/31/high-court-finds-no-duty-of-care-owed-for-late-execution-of-orders-due-to-unforeseen-market-turbulence/ Default judgment set aside where claim served at closed offices during COVID-19 lockdown https://hsfnotes.com/litigation/2020/07/06/default-judgment-set-aside-where-claim-served-at-closed-offices-during-covid-19-lockdown/ Part 36 offer to accept 0.3% less than total amount claimed constituted genuine offer to settle https://hsfnotes.com/litigation/2020/07/14/part-36-offer-to-accept-0-3-less-than-total-amount-claimed-constituted-genuine-offer-to-settle/ Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/ Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Ajay Malhotra (Senior Associate)

How investment treaties can protect foreign investments against State action Even investments into relatively stable ‎jurisdictions may be affected by changes in the political and financial landscape. No investor can completely insulate their investment from such changes, but access to an investment treaty can be critical for investors. Speakers: Andrew Cannon, Partner, Co-Head of Public International Law Laurence Franc-Menget, Partner, Public International Law Hannah Ambrose, Senior Associate, Public International Law

Episode 3: The biodiversity gain objective and urban greening in London Speakers: Martyn Jarvis, Senior Associate Fiona Sawyer, Professional Support Lawyer

Class Action Fireside EP5: Product liability class actions by Herbert Smith Freehills Podcasts

Industry experts George Sutton, National Managing Partner - Business Risk at Grant Thornton, and Cory Davie, Managing Partner Australia Pacific at Control Risks join Merryn Quayle, Partner in our Melbourne Disputes team to explore risk and opportunity in a legal and broader commercial context, including how to re-position the relationship between risk and opportunity from ‘what could go wrong?’ to ‘what needs to go right?’

Episode 2: Achieving the biodiversity gain objective Speakers: Martyn Jarvis, Senior Associate Fiona Sawyer, Professional Support Lawyer

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 Catherine Bagge. You can find links to our blog posts on the cases covered in this podcast below: - High Court takes robust approach to personal guarantees: potential impact for accredited lenders under the Coronavirus Business Interruption Loan Schemes https://hsfnotes.com/bankinglitigation/2020/07/07/high-court-takes-robust-approach-to-personal-guarantees-potential-impact-for-accredited-lenders-under-the-coronavirus-business-interruption-loan-schemes/ - Court of Appeal confirms borrower’s right to withhold payment under English law Tier 2 Capital facility agreement where risk of US secondary sanctions https://hsfnotes.com/bankinglitigation/2020/07/14/court-of-appeal-confirms-borrowers-right-to-withhold-payment-under-english-law-tier-2-capital-facility-agreement-where-risk-of-us-secondary-sanctions/ - Privilege in the context of regulatory investigations: latest guidance from the High Court https://hsfnotes.com/bankinglitigation/2020/06/15/privilege-in-the-context-of-regulatory-investigations-latest-guidance-from-the-high-court/ - High Court takes expansive view of when reference to legal advice may result in broader waiver https://hsfnotes.com/bankinglitigation/2020/06/12/high-court-takes-expansive-view-of-when-reference-to-legal-advice-may-result-in-broader-waiver/ - Untangling, but not killing off, the Japanese knotweed: Supreme Court confirms existence and scope of “reflective loss” rule https://hsfnotes.com/bankinglitigation/2020/07/20/untangling-but-not-killing-off-the-japanese-knotweed-supreme-court-confirms-existence-and-scope-of-reflective-loss-rule/ - UK Government announces LIBOR legislative fix: summary of proposals and our initial observations https://hsfnotes.com/bankinglitigation/2020/06/29/uk-government-announces-libor-legislative-fix-summary-of-proposals-and-our-initial-observations/ Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

Whilst the Covid-19 pandemic has meant that we have seen a drop off in public M&A activity in the UK, as prices stabilise and activity picks up again, we expect to see financial buyers, such as private equity and sovereign wealth funds, leading the way. In this podcast we discuss some of the features of a public M&A transaction in the UK that they may find challenging or unfamiliar, including rules around: • secrecy • management incentivisation and • acting in concert. Speakers: Antonia Kirkby and Lucy Robson

Nearly all Australian States and Territories have approached the law around Workplace Manslaughter differently, in a further departure from the proposed ‘harmonisation’ of safety laws. The introduction of these very serious criminal offences is the topic of discussion in boardrooms, executive teams and across the safety profession. Our latest podcast provides a national snapshot of the state of these laws. Our safety leaders in each of our Australian offices, Partners Steve Bell (VIC) Anna Creegan (WA), Aaron Anderson (QLD) and Special Counsel, Nerida Jessup (Sydney), together share the lessons and insights we have been sharing with clients in these significant developments.

Part 4: Offshore construction contracts: a different context and a fear of time at large The prevention principle and concept of time at large have developed in the context of traditional construction contracts and the principle has been confirmed as applying (in least in theory) in the context of shipbuilding contracts. Is there a resistance to the emergent orthodoxy in the shipbuilding industry? Is there any good reasons why offshore construction or ship building contracts should be treated differently when it comes to the prevention principle? James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Lucinda Hill (Associate, Construction & Infrastructure Disputes), Thomas Lazur (Keating Chambers)