Herbert Smith Freehills Podcasts

Head of Competition Asia, Adelaide Luke, and London partner Mark Jephcott discuss the UK competition law system, and how it will apply to Asian companies after the expiry of the UK EU Withdrawal Agreement on 31 December 2020. Asian companies with operations in both the UK and EU should be aware that, from 2021, the two competition regimes will operate in parallel, and should note key differences.

The final Catalyst Podcast of 2020 focuses on: • managing employment and IR issues in our new flexible working environment (Drew Pearson, Partner, Employment, IR and Safety); • the disruption to class actions in Australia in the last 12 months (Christine Tran, Partner, Disputes); • geopolitics and impacts on Australia (Rebecca Maslen-Stannage, Partner, Corporate) and • optimism driven by record government infrastructure spending and fast-tracked demand for technology (Nicholas Carney, Partner, Projects).

In this podcast briefing, our Employment and IR team reviewed some of the interesting aspects in the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, following its release last week. We discuss the media reaction to date, the union demerger proposal, the impact of the changes to casual employees, criminal sanctions for underpayment, enterprise bargaining and other implications. The podcast was hosted by Partner Anthony Longland (Perth), with contributions from Partners Natalie Gaspar (Melbourne), Drew Pearson (Sydney) and Executive Counsel, Wendy Fauvel (Brisbane).

The new, state-of-the-art Japan International Dispute Resolution Centre (JIDRC), officially launched in October 2020. Following the opening of the JIDRC Osaka two years ago, the launch of their new Tokyo facilities highlights Japan's continued ambitions to become a leading seat for international arbitration. David Gilmore, Craig Shepherd and James Allsop from our international arbitration practice in Japan discuss the key features of the new facility, the Japanese government's ongoing endeavours to promote Japan's popularity as a seat for international arbitration and some potential challenges it may face as it seeks to 'unseat' some of its other, perhaps more popular, international competitors. Please also refer to our blog posts on the launch of the Tokyo and Osaka centres: Tokyo: https://hsfnotes.com/arbitration/2020/10/27/state-of-the-art-hearing-facility-in-tokyo-officially-launches/ Osaka: https://hsfnotes.com/arbitration/2018/09/17/new-japan-international-dispute-resolution-center-open-for-business-in-osaka/ Speakers: David Gilmore (Managing Partner and Head of Japan Dispute Resolution), Craig Shepherd (Partner) and John Ribeiro (Senior Associate)

Greg Mulley, corporate partner in our London office, speaks to Sir Lynton Crosby of C|T Group on the outlook for politics and policy as 2020 draws to a close. Discussion includes: • lessons and implications from the US elections for the rest of the world in terms of voting patterns and behaviour; • prospects for Biden's build back better green agenda and its impact globally; • the enduring impact of the pandemic on politics and public policy; • what makes a great leader, what makes a great politician and what is the difference.

Take or pay, but at what price and when? Speakers: Rachel Lidgate (Partner), James Robson (Senior Associate)

In the last of our "Back to basics" podcast series on the development consent regime, Lisa Bazalo and Alistair Paul of the Herbert Smith Freehills London Planning Team discuss the decision stage of the DCO application. Each episode in this series focuses on a different stage in the development consent process. Previous episodes have covered the pre-application, preparation, submission and acceptance, pre-examination and examination stages of the development consent process. For our blog post "Planning White Paper lays foundations for a new route to housing", discussing how the development consent regime could be used to deliver housing schemes under future reforms, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/ Speakers: Lisa Bazalo, Senior Associate (New Zealand) and Alistair Paul, Associate

In the fourth of our "Back to basics" podcast series on the development consent regime, Julia McKeown and Lisa Bazalo of the Herbert Smith Freehills London Planning Team discuss the examination stage of the DCO application. Each episode in this series focuses on a different stage in the development consent process. Previous episodes have covered the pre-application, preparation, submission and acceptance, and pre-examination stages of the development consent process. The final episode will cover the decision stage. For our blog post "Planning White Paper lays foundations for a new route to housing", discussing how the development consent regime could be used to deliver housing schemes under future reforms, see here https://hsfnotes.com/realestatedevelopment/2020/08/18/planning-white-paper-lays-foundations-for-a-new-route-to-housing/ Speakers: Julia McKeown, Associate (New Zealand) and Lisa Bazalo, Senior Associate (New Zealand)

In the CHRISTMAS SPECIAL edition of our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions, combined with some festive cheer and a few surprises. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan, Mark Tanner and some very special guests. You can find links to our blog posts on the cases covered in this podcast below: - High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in Marex https://hsfnotes.com/bankinglitigation/2020/10/14/high-court-tests-newly-narrowed-scope-of-the-reflective-loss-rule-in-first-decision-since-the-supreme-courts-judgment-in-marex/ - Commercial Court considers impact of force majeure clause on repayment obligation in sale of goods contract https://hsfnotes.com/bankinglitigation/2020/11/04/commercial-court-considers-impact-of-force-majeure-clause-on-repayment-obligation-in-sale-of-goods-contract/ - High Court finds no breach of duty by bank in exercise of enforcement rights under finance agreements https://hsfnotes.com/bankinglitigation/2020/11/24/high-court-finds-no-breach-of-duty-by-bank-in-exercise-of-enforcement-rights-under-finance-agreements/ - High Court strikes out group claims in light of parallel claims overseas: good news for parent company liability claims? https://hsfnotes.com/bankinglitigation/2020/11/20/high-court-strikes-out-group-claims-in-light-of-parallel-claims-overseas-good-news-for-parent-company-liability-claims/ - Class action reform in France: Necessary, but debatable https://hsfnotes.com/bankinglitigation/2020/11/17/class-action-reform-in-france-necessary-but-debatable/ - Capital Raisings and Opportunistic M&A in a Covid-19 Environment- Lessons Learned from the Global Financial Crisis https://hsfnotes.com/bankinglitigation/2020/10/20/capital-raisings-and-opportunistic-ma-in-a-covid-19-environment-lessons-learned-from-the-global-financial-crisis/ - Beyond Brexit: Countdown to 1 January 2021 – new video briefings and podcasts available, including on jurisdiction and enforcement of judgments https://hsfnotes.com/litigation/2020/10/28/beyond-brexit-countdown-to-1-january-2021-new-video-briefings-and-podcasts-available-including-on-jurisdiction-and-enforcement-of-judgments/ - How far can UK courts depart from EU case law? https://hsfnotes.com/litigation/2020/11/24/how-far-can-uk-courts-depart-from-eu-case-law/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/ Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Mark Tanner (Senior Associate)

Samantha Brown and Antonia Pegden, who lead the HSF team which has been advising the Banks in connection with the GMP equalisation litigation, discuss the judgment in the second Lloyds hearing (on the need to equalise historic transfers) and consider: - the implications for DB schemes and existing GMP equalisation projects - what the decision means for both transferring and receiving schemes - the judge's reasoning for finding that the trustees in this case did not benefit from any kind of discharge, and - the implications where trustees are aware of other errors in calculating historic transfer values.

In October 2020, Indonesia’s Parliament passed the widely heralded, but controversial, Omnibus Law, which is intended to remove a plethora of complexities and red tape across a range of existing laws that are seen to hinder business efficiency in Indonesia. The Omnibus Law is anticipated to impact foreign investment in Indonesia, particularly if the complex rules around foreign ownership in the so-called “Negative Investment List” are abolished or relaxed. In this brief podcast, our Tokyo and Jakarta teams explore the key changes, impact on Japanese and multinational companies, and what this means for the "Negative List". The team will also consider recent investment trends in Indonesia post-Covid, and whether the Omnibus Law will make a difference. Further details of the Omnibus Law can be found here: https://sites-herbertsmithfreehills.vuturevx.com/e/2iksxdes1etlng

The Takeover Panel has published a consultation paper (PCP 2020/1) in which it is proposing to amend various provisions in the Takeover Code relating to the conditions to an offer and to the offer timetable. The key changes include: - removing the special treatment afforded to conditions relating to clearance by the European Commission and the Competition and Markets Authority - making it easier for parties to request a timetable freeze - giving further guidance on when a bidder will be permitted to invoke a condition to an offer - only allowing offers to go unconditional as to acceptances when all other conditions have been satisfied and - introducing a long stop date on a contractual offer In this podcast Mark Bardell and Antonia Kirkby discuss the proposed changes and what impact they may have in practice.

In this episode, Damian Grave, Elizabeth Poulos, Ante Golem and Leah Watterson discuss the rise of state-based class action regimes and highlight some of the key issues that have arisen to date.

The impact of Covid-19 on dispute resolution Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues

The rise of construction mediation in Hong Kong Speakers: Anselmo Reyes, International Judge speaks to Counsel Daniel Waldek in Herbert Smith Freehills’ Construction & Infrastructure Disputes Practice in Singapore about a range of issues