A series of thought leading podcasts ranging on topics and sectors by Herbert Smith Freehills. For more information please visit www.herbertsmithfreehills.com
The Third Wheel Podcast (ESG In Australia): Episode 22
In this episode, Mel Debenham and Tim Stutt are back at the wheel to launch HSF’s report on Unlocking ESG Investment in Australia. The report unpacks the findings from our survey of more than 100 business leaders on the size and shape of the ESG investment challenges and opportunities. With the help of expert interviews across industry, the report explored the uncertainty about risk, returns and regulation to be addressed for businesses to adapt at the scale and speed to meet shifting investor and community expectations. This is the first episode in a series that will deep dive on the key report findings: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/1
Commercial Litigation EP16: General Update
In this 16th episode of our series of commercial litigation update podcasts, we look at a couple of recent decisions relating to privilege, two interesting Court of Appeal decisions on good faith and force majeure respectively, and finally we discuss the recent Supreme Court decision in the BTI v Sequana case, which clarifies when directors owe obligations to consider the interests of creditors. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Richard Mendoza, a senior associate.
Below you can find links to our blog posts on the developments and cases covered in this podcast.
• Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege https://hsfnotes.com/litigation/2022/11/18/court-of-appeal-confirms-identity-of-those-instructing-lawyers-not-generally-protected-by-litigation-privilege/
• No privilege for original version of document simply because comparison to final version would reveal legal advice https://hsfnotes.com/litigation/2022/10/06/no-privilege-for-original-version-of-document-simply-because-comparison-to-final-version-would-reveal-legal-advice/
• Contractual duties of good faith: Court of Appeal confirms context is king https://hsfnotes.com/litigation/2022/11/29/contractual-duties-of-good-faith-court-of-appeal-confirms-context-is-king/
• Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to “overcome” force majeure event https://hsfnotes.com/litigation/2022/11/07/force-majeure-court-of-appeal-finds-party-was-required-to-accept-non-contractual-performance-in-exercising-reasonable-endeavours-to-overcome-force-majeure-event/
• Key Supreme Court insolvency ruling clarifies stance on creditor duties https://hsfnotes.com/litigation/2022/10/18/key-supreme-court-insolvency-ruling-clarifies-stance-on-creditor-duties/
Inside IR The Australian Industrial Relations Podcast EP4: The enterprise agreement approval process
In this episode we again change pace from looking at industrial relations reform, and instead explore the practical problems employers are facing in getting enterprise agreements approved.
Wendy Fauvel joins Rohan Doyle and takes us through the top six issues we are seeing of late with enterprise agreement approval applications and the process more generally. They also highlight the importance of clarity in the drafting of enterprise agreements given the risk of payroll compliance issues. This will be an area to watch, as it may also be impacted by the impending Secure Jobs, Better Pay reforms.
On Just Terms EP6: Is access to justice worse in 2022 than in 1962? with Jacob Varghese
In this episode of On Just Terms, Jason Betts is joined by Jacob Varghese Chief Executive Officer of Maurice Blackburn Lawyers to discuss the litigious environment relating to social justice causes including their models of funding.
Jacob shares his perspectives on the use of class actions to seek access to justice, the regulatory pyramid, group costs orders, and emerging trends including the gig economy, and crypto. They also discuss the legal profession more broadly and the economic realities of a profession remunerated on input rather than value.
Emma And Rebekah Talk IP EP17: COVID-19 vaccines and IP
In episode 17, Emma and Rebekah are joined by Julie Chiu, a Senior Associate in Herbert Smith Freehills’ London office, to discuss a number of lawsuits playing out in the United States and Europe in relation to patents for Covid-19 vaccines – with so many players involved in developing the vaccines, and given the success of the vaccines, it is not surprising that some disputes have emerged. So who is suing who?
Emma And Rebekah Talk IP EP16: Patents for the clean energy transition
In episode 16, Emma and Rebekah are joined by Andrew Wells from Herbert Smith Freehills’ London office to talk about the role of intellectual property rights in a rapid and fair renewable energy transition. Global players are competing to set increasingly ambitious net-zero emissions targets. Do patents help or hinder the innovations needed to achieve these goals?