Herbert Smith Freehills Podcasts

The second episode of our Private Wealth and Charities podcast series considers some recent decisions from the English courts in respect of out of time claims for reasonable financial provision brought under the Inheritance (Provision for Family and Dependants) Act 1975. The Herbert Smith Freehills Private Wealth and Trusts blog, where you can find more detail about the cases discussed in this podcast, is available here. https://hsfnotes.com/pwtd/

In our Corporate Crime & Investigations podcast we look to bring you timely and incisive commentary on key developments in the CC&I space. In this inaugural episode we take a look at the Deferred Prosecution Agreements landscape. In particular we set in context the latest DPA agreed between the SFO and a subsidiary in the Serco Group of companies. Read our FSR and CC&I blog post here: https://hsfnotes.com/fsrandcorpcrime/2019/07/10/approval-of-uks-fifth-dpa-concludes-sfo-investigation-into-serco-companies/ The judgment approving the DPA can be found here: https://www.judiciary.uk/wp-content/uploads/2019/07/serco-dpa-4.07.19-2.pdf The DPA and Undertaking by Serco Group can be found here https://www.sfo.gov.uk/download/deferred-prosecution-agreement-serco-geografix-ltd-sfo/ The SFO press release can be found here https://www.sfo.gov.uk/download/deferred-prosecution-agreement-serco-geografix-ltd-sfo/

Rachel Pinto, Pensions Partner, Herbert Smith Freehills discusses the implications of GMP equalisation for bulk annuity transactions with Uzma Nazir, Head of Origination Structuring, Pension Insurance Corporation. In the discussion, Uzma shares her views on: - how insurers are approaching the issue of GMP equalisation - how GMP equalisation and the different implementation methodologies may impact insurers' pricing - the potential benefits of GMP conversion, and - whether GMP equalisation is causing difficulties for bulk annuity transactions that are currently in progress.

The firm's global head of energy Lewis McDonald and Beijing energy partner Monica Sun discuss latest trends and developments with respect to the China LNG market. In particular, Monica shares insights and key considerations from on the ground in China.

Michael Sharp (Associate) and Noe Minamikata (Professional Support Lawyer) discuss how to navigate settlement discussions and prepare settlement agreements.

The first episode of our new Private Wealth and Charities podcast series considers three recent decisions from the English and New Zealand courts in respect of some potentially surprising heads of liability individuals involved in private wealth structures might face. The Herbert Smith Freehills Private Wealth and Trusts blog is available here. https://hsfnotes.com/pwtd/ Our case update on Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 is available here. https://sites-herbertsmithfreehills.vuturevx.com/38/15233/compose-email/case-law-update---new-test-for-criminal-dishonesty..asp

In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. Don't forget to subscribe to the Banking Litigation Blog: https://hsfnotes.com/bankinglitigation/subscribe/ You can find links to our blog posts on some of the cases covered in this podcast below: Commercial Court adopts broad interpretation of investment bank fee clause in equity and debt finance raising https://hsfnotes.com/bankinglitigation/2019/07/15/commercial-court-adopts-broad-interpretation-of-investment-bank-fee-clause-in-equity-and-debt-finance-raising/ Court of Appeal decision illustrates proper application of compensatory principle of damages, as well as modern approach to contractual interpretation https://hsfnotes.com/litigation/2019/07/08/court-of-appeal-decision-illustrates-proper-application-of-compensatory-principle-of-damages-as-well-as-modern-approach-to-contractual-interpretation/ High Court confirms LMA anti set-off clause applies to equitable set-off https://hsfnotes.com/bankinglitigation/2019/06/27/high-court-confirms-lma-anti-set-off-clause-applies-to-equitable-set-off/ New Hague Judgments Convention: finally adopted but may be some years before impact is felt https://hsfnotes.com/litigation/2019/07/05/new-hague-judgments-convention-finally-adopted-but-may-be-some-years-before-impact-is-felt/ High Court finds SFO can compel production of documents held by foreign company outside the jurisdiction https://hsfnotes.com/bankinglitigation/2018/11/12/high-court-finds-sfo-can-compel-production-of-documents-held-by-foreign-company-outside-the-jurisdiction/

Nicholas Peacock (Partner, London) and Stuart Paterson (Partner, Dubai) discuss recent trends in the enforcement of arbitration awards in the Middle East, in particular on the United Arab Emirates, Saudi Arabia and Qatar.

Tim Smith, a professional support lawyer in Herbert Smith Freehills' pensions practice discusses pensions policy with Steve Webb, former Minister of State for Pensions and now director of policy at Royal London. In this second part of the discussion, Steve shares his views on the pensions tax regime, ESG investing, Brexit and how the current political instability at Westminster might play out. #pensions #pensionspolicy #ESG #Brexit

Tim Smith, a professional support lawyer in Herbert Smith Freehills' pensions practice discusses pensions policy with Steve Webb, former Minister of State for Pensions and now director of policy at Royal London. In this first part of the discussion, Steve shares his views on the Pensions Regulator, tougher regulation, auto-enrolment and pension freedoms. #pensions #pensionspolicy #ESG #Brexit

Adam Charles and Cecilia Mehl discuss the pros and cons of common equity capital raising structures in the Australian market and briefly explore an entitlement offer underwriting structure that they have seen work well for bidders looking to fund large-scale acquisitions in the context of a competitive bid process

International arbitration experts Nicholas Peacock (Partner) and Alexander Khretinin (Senior Associate) discuss recent trends in the enforcement of arbitration awards in Russia with key takeaways for banks, financial institutions and others doing business with Russian parties.

In this second instalment of the WHS Safety Law series, our WHS specialist partners Aaron Anderson (Brisbane) and Steve Bell (Melbourne) share their thoughts on the important issue of Director and Officer ‘due diligence’ under safety laws. These obligations impose high standards on senior leaders to actively engage in governance over safety matters. Steve and Aaron explore the nature of the obligations, but also have a lively discussion about whether the laws are actually working as intended, and are being enforced by regulators fairly and accurately. At the end of the podcast, Steve and Aaron take listeners thorough their approach to advising Boards and leaders on these obligations, and share their approach to advising in this area.

In this podcast, Tim Smith, professional support lawyer, discusses DB consolidation, which is an emerging de-risking solution for defined benefit pension schemes, with a particular focus on the proposed regulatory regime and whether consolidation is something that trustees can agree to.

In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. Don't forget to subscribe to the Banking Litigation Blog. https://hsfnotes.com/bankinglitigation/subscribe/ You can find links to our blog posts on some of the cases covered in this podcast below: Persimmon Homes Limited v Hillier and Creed [2019] EWCA Civ 800 https://hsfnotes.com/litigation/2019/06/05/court-of-appeal-upholds-decision-rectifying-share-purchase-agreement-and-disclosure-letter/ Ramona Ang v Reliantco Investments Limited [2019] EWHC 879 (Comm) https://hsfnotes.com/bankinglitigation/2019/05/22/commercial-court-gives-guidance-on-definition-of-consumer-under-recast-brussels-regulation-in-cryptocurrency-futures-trading-case/ BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2019] EWCA Civ 768 https://hsfnotes.com/bankinglitigation/2019/05/21/court-of-appeal-finds-isda-jurisdiction-clause-trumps-competing-clause-in-related-contract/ UTB LLC V Sheffield United Ltd & others [2019] EWHC 914 (Ch) https://hsfnotes.com/litigation/2019/05/07/disclosure-pilot-high-court-clarifies-transitional-operation-and-considers-privilege-claims/ Calonne Construction Ltd v Dawnus Southern Ltd [2019] EWCA Civ 754 https://hsfnotes.com/litigation/2019/05/16/court-of-appeal-finds-offer-relating-to-unpleaded-counterclaim-was-valid-under-part-36/ LIBOR discontinuation – FCA thematic feedback on responses to Dear CEO letter https://hsfnotes.com/bankinglitigation/2019/06/06/libor-discontinuation-fca-thematic-feedback-on-responses-to-dear-ceo-letter/