Herbert Smith Freehills Podcasts Herbert Smith Freehills Podcasts

In this 26th episode of our series of commercial litigation update podcasts, we give updates on the cross-border enforcement of judgments and on litigation funding, an important Supreme Court decision on the application of EU law post-Brexit, and two decisions on when directors can be liable as an accessory to a company's breach of contract or tort. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Andrew Cooke, a disputes partner, and Richard Mendoza, an of counsel in our disputes team.
Below you can find links to our blog posts on the developments and cases covered in this podcast.

• The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution - https://www.herbertsmithfreehills.com/notes/litigation/2024-06/the-hague-2019-cudgments-convention-bolstering-the-uks-position-as-a-jurisdiction-of-choice-for-international-dispute-resolution
• Litigation funding: Bill to reverse effect of Paccar falls in pre-election wash-up - https://www.herbertsmithfreehills.com/notes/litigation/2024-05/litigation-funding-bill-to-reverse-effect-of-paccar-falls-in-pre-election-wash-up
• Civil Justice Council establishes review of third party litigation funding - https://www.herbertsmithfreehills.com/notes/litigation/2024-04/civil-justice-council-establishes-review-of-third-party-litigation-funding
• Retained EU law: Supreme Court clarifies law that applies to pre-Brexit causes of action - https://www.herbertsmithfreehills.com/notes/litigation/2024-07/retained-eu-law-supreme-court-clarifies-law-that-applies-to-pre-brexit-causes-of-action
• Inducing a breach of contract: Court of Appeal considers necessary degree of participation in a third party's breach to establish tort of inducement - https://www.herbertsmithfreehills.com/notes/litigation/2024-05/inducing-a-breach-of-contract-court-of-appeal-considers-necessary-degree-of-participation-in-a-third-partys-breach-to-establish-tort-of-inducement
• Supreme Court gives guidance on accessory liability of company directors and the remedy of account of profits -https://www.herbertsmithfreehills.com/notes/litigation/2024-05/supreme-court-gives-guidance-on-accessory-liability-of-company-directors-and-the-remedy-of-account-of-profits

In this episode of Talking Shop, Andrew Rich, a partner in the M&A practice at Herbert Smith Freehills and Global Co-Head of HSF’s Consumer Sector group, is joined by David Sinn, a partner in HSF's Real Estate practice. They discuss the resurgence of the retail sector in Australia, the impact of e-commerce and promotional events on retail sales, and the role of shopping centres in the current retail landscape.

In the second episode of The Pensions Exchange, Professional Support Lawyer, Richard Evans, talks to partners Michael Aherne (Pensions) and Josh Lom (Tax) about pension surpluses, focusing on the statutory regime. Surpluses were big news in the 1990s. Now they're back on the agenda, with the Regulator's recent funding statement suggesting that half of valuations this year will show a surplus on the buyout basis.

Tony Damian and Andrew Rich gain insights from Guy Miller at WTW on W&I insurance in public M&A deals.

Explore the latest trends and insights in technology deals across the APAC region with our sixth episode focusing on the dynamic world of Fintech. Join Malika Chandrasegaran, along with Charlotte Henry and Michelle Virgiany, experts in financial services and tech regulatory matters, as they delve into the current landscape of Fintech M&A, discussing the shifts in activity over the past year due to post-COVID adjustments and regulatory changes. Charlotte and Michelle provide valuable perspectives on the trends seen in Australia and Southeast Asia, highlighting the driving forces behind Fintech M&A. We explore the key sectors and areas attracting investment, including payment functionality, digital lending, wealthtech, and core banking platforms. Charlotte and Michelle share insights into the evolving focus within these sectors, particularly in Southeast Asia where B2B payment gateways and innovative credit-related businesses are gaining traction. Additionally, we discuss alternate strategies and trends driving Fintech across APAC, such as Banking as a Service (BaaS), big tech's role, and innovative partnerships shaping the industry. Charlotte and Michelle share their excitement about the latest tech innovations, from AI advancements to the potential of mind-controlled typing technology.

The Worker Protection Act 2023 will come into force on 25 October of this year, imposing a new positive duty on UK employers to take 'reasonable steps' to prevent sexual harassment of employees in the course of their employment. In the first instalment of this podcast, we will be discussing the impact of the Act within workplaces within the UK, and sharing our insights based on experience with the adoption of similar legislation in Australia.

Speakers: Nick Wright, Partner, London; Christine Young, Partner, London; Natalie Gaspar, Partner, Melbourne.