Herbert Smith Freehills Kramer Podcasts

Epizode

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  Legal Tech Deciphered Trust, Truth and Hallucinations: From Chaos to Clarity: Building the Data Layer That Unlocks AI 22.09.2026 18min

  In this episode David Beck, Casey Ballard and Uchi Jayawardhena tackle one of the biggest barriers to successful AI adoption: poor data foundations. They explore why data disorganisation, fragmentation and inconsistent governance continue to undermine business processes, long before GenAI enters the picture. With each speaker coming at the problem from a slightly different angle, they examine why even the most advanced technology cannot compensate for poor-quality data. They discuss the myths that hold organisations back, the risks of relying on technology to solve underlying data issues, and the practical steps businesses can take to move from data chaos to data clarity. The episode highlights how strong data foundations enable better decision-making, lower risk, more effective technology adoption and more reliable AI outcomes. Ultimately, the message is simple: if you want AI to deliver value, you need to start with the data.
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  Tax Bites EP23: Stamp duty update: ISPT v Commissioner of State Taxation 17.09.2026 19min

  In this episode of Tax Bites, Toby Eggleston and Mark Peters unpack the Victorian and New South Wales ISPT landholder-duty decisions. They examine how a staged acquisition of a widely held property trust produced a substantially higher duty liability than ISPT argued for. The discussion highlights why transaction sequencing, thresholds, entity status and jurisdiction-specific rules must be assessed together when structuring acquisitions of interests in landholding trusts and companies. More detail in our tax note here: https://www.hsfkramer.com/notes/taxaustralia/2026-posts/decision-alert-prior-acquisition-in-a-public-landholder-not-disregarded-where-a-subsequent-acquisition-occurs
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  OJT S2 E11: Lawyers, risk, and the future of knowledge work with Professor Anthea Roberts, ANU Professor 17.09.2026 28min

  In this episode of On Just Terms partners Jason Betts and Melissa Gladstone speak with Professor Anthea Roberts, ANU Professor and leading scholar at the intersection of law, technology and global risk, about what it takes to work effectively with AI. They discuss why lawyers may be uniquely positioned to thrive in the AI era, how multi-agent AI systems can tackle complex interdisciplinary challenges, and the growing importance of AI literacy for knowledge workers. The conversation also explores Professor Roberts' Risk-Reward-Resilience framework and what organisations can do to build long-term adaptability in a rapidly changing world.
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  Banking Litigation Podcast EP61: Monthly Update – July/August 2026 14.09.2026 28min

  In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and 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 Alexander Gridasov. Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Alexander Gridasov (Senior Associate). You can find out more about the cases covered in this podcast on our blog at the following links: Court of Appeal finds no breach of so-called Quincecare duty in “derivative” action brought by APP fraud victims against PSP https://www.hsfkramer.com/notes/bankinglitigation/2026-07/court-of-appeal-finds-no-breach-of-so-called-quincecare-duty-in-derivative-action-brought-by-app-fraud-victims-against-psp Banking litigation podcast episode 51: Quincecare special – March 2025 https://www.hsfkramer.com/notes/bankinglitigation/2025-03/Banking-litigation-podcast-episode-51--Quincecare-special-%E2%80%93-March-2025 Court of Appeal finds administrator appointment arguably invalidated because of appointor’s improper purpose https://www.hsfkramer.com/notes/bankinglitigation/2026-08/court-ofappeal-finds-administrator-appointment-arguably-invalidated-because-of-appointors-improper-purpose Multi-party claims: Court of Appeal upholds decision allowing over 5,000 motor finance claims to be brought together https://www.hsfkramer.com/notes/bankinglitigation/2026-04/multi-party-claims-court-of-appeal-upholds-decision-allowing-over-5000-motor-finance-claims-to-be-brought-together All aboard the omnibus claim form? https://www.hsfkramer.com/notes/bankinglitigation/2026-08/all-aboard-the-omnibus-claim-form High Court adjourns landmark securities class action trial due to risk of prejudice to overlapping criminal proceedings https://www.hsfkramer.com/notes/bankinglitigation/2026-04/Blog-post-template-text-only-version High Court considers appropriate split for trial of s.90 and 90A FSMA claims in Entain litigation https://www.hsfkramer.com/notes/bankinglitigation/2026-07/high-court-considers-appropriate-split-for-trial-of-s90-and-90a-fsma-claims-in-entain-litigation UK government consults on measures to speed up and simplify competition class actions regime https://www.hsfkramer.com/notes/litigation/2026-07/uk-government-consults-on-measures-to-speed-up-and-simplify-competition-class-actions-regime Law Commission to consider introduction of opt-out consumer class actions regime https://www.hsfkramer.com/notes/bankinglitigation/2026-04/law-commission-to-consider-introduction-of-opt-out-consumer-class-actions-regime
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  Inside IR EP34: Negotiating skills for a challenging enterprise bargaining environment - Part 2 14.09.2026 31min

  Recorded 22 June 2026 In Part 2 of our latest episode of Inside IR, industrial relations partner Rohan Doyle and Melbourne Business School Professor Jennifer Overbeck continue their discussion on the evolving enterprise bargaining landscape, exploring how employers, unions and employees can move beyond short-term, power-based bargaining and invest in negotiation processes that create sustainable value for all parties. They discuss practical approaches to navigating BATNAs, managing the threat of industrial action, building trust throughout the bargaining process, and communicating effectively with employees during negotiations. This episode forms part of our ongoing collaboration with Melbourne Business School through the Industrial Relations Negotiations Program, which equips leaders with the skills needed to negotiate more effectively in today's industrial relations environment. Registrations are closing soon. Learn more about the program and secure your place here: https://mbs.edu/hsfkramer.
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  Cross Examining Cyber EP27: Cross Examining Catherine Brenner and John Mullen (Part 2) 14.09.2026 23min

  In this episode, we continue our director series with part two of our cross examination of Catherine Brenner and John Mullen. In our last episode, we left you on a cliffhanger. We now pick up where we left off. We also discussed the value in good communications, the human factor in cyber incident response, a values-led approach as compared with a compliance-led approach, AI, of course, and board simulations. This is Cross-Examining Cyber. It's part of our director series, the cross-examination of Catherine Brenner and John Mullen, part two. Here we go.
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  Insuring AI - EP1: Liability for AI harms 10.09.2026 27min

  We are delighted to launch our new podcast series, Insuring AI, which explores the broad range of questions that AI is throwing up for the insurance world. In this first episode, we discuss the legal statement on liability for AI harms published by the UK Jurisdiction Taskforce (UKJT) in July 2026 and its implications for insurance liability claims. The statement seeks to address in what circumstances, and on what legal bases, English law will impose liability for loss that results from the use of AI. This episode is hosted by Greig Anderson, Partner in our Insurance & Professional Risks team, who is joined by Will Gibson, Senior Associate. For a summary of the UKJT's final legal statement, visit our blog post: https://www.hsfkramer.com/notes/litigation/2026-07/uk-jurisdiction-taskforce-publishes-final-legal-statement-on-liability-for-ai-harms
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  Legal Tech Deciphered Trust, Truth and Hallucinations: The Misdiagnosis Effect 07.09.2026 20min

  In this episode, we unpack the growing "Misdiagnosis Effect" in the age of GenAI, where organisations often focus on the technology they think they need rather than the problem they are trying to solve. Casey Ballard (Head of Strategic Applications, UK, US & EMEA), Suzanne Cowan (Head of Corporate & Construction, UK & EMEA) and Uchi Jayawardhena (Head of Data Analytics) explore why successful transformation starts with the problem, not the technology. Drawing on real client conversations and delivery experience, they discuss the value of navigating the often messy discovery process, balancing people, process, technology and data, and choosing the right solution rather than defaulting to GenAI. They also examine the challenges of consistency, governance and repeatability, highlighting why workflow redesign and automation can often deliver greater value than AI alone.
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  OJT S2E10: Directors' duties, class actions and the courts with Michael Pelly, Legal Writer 03.09.2026 35min

  In this episode, partner Jason Betts speaks with Michael Pelly, legal reporter at Capital Brief and former legal affairs editor at the Australian Financial Review, about the key developments shaping corporate litigation in Australia. They discuss the implications of the landmark ASIC v Star decision for directors' duties and corporate governance, the evolving landscape of shareholder class actions, and the role of the courts in driving legal reform. The conversation also explores the growing complexity of major litigation and the opportunities and limitations of AI in legal practice.
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  Investing in the UK for Chinese Speakers: EP10 Autonomous Vehicles in the UK 02.09.2026 25min

  In this episode, we discuss the UK’s new legislative regime which governs the development and deployment of autonomous vehicles (AVs), and what Chinese OEMs and AV operators should know before bringing AV products or services to the UK. We unpack the key features of the Automated Vehicles Act 2024, covering authorisation, liability and insurance, marketing restrictions, safety requirements, and cybersecurity obligations. We also consider the UK’s growing role as a destination for AV development, the importance of international regulatory alignment, and the opportunities and challenges for Chinese companies entering this rapidly evolving market. Speakers: Cathy Liu, Lauren Burke 在本集播客节目中，我们讨论英国有关自动驾驶汽车的新立法制度，以及中国整车制造商和自动驾驶汽车运营商在将自动驾驶汽车产品或服务引入英国市场前应了解的重点问题。我们深入解析《2024年自动驾驶汽车法》的主要内容，涵盖授权、责任承担与保险、营销限制、安全要求以及网络安全义务。我们还探讨英国作为自动驾驶汽车发展目的地的日益重要地位、国际监管协调的重要性，以及中国企业进入这一快速发展的市场所面临的机遇与挑战。 主讲人：刘倩, Lauren Burke
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  Public M&A EP40: Takeover Panel consultation on miscellaneous changes to the UK Takeover Code 02.09.2026 11min

  In this episode of our public M&A podcast series, we talk about the UK Takeover Panel's latest consultation (PCP 2026/1) on a series of miscellaneous changes to the Takeover Code. Proposals being consulted on include: • when a voting agreement between a shareholder and the directors of a company will result in them being treated as acting in concert; • a change to the definition of "reverse takeover"; and • a change to the rules on extending a put up or shut up (PUSU) deadline.
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  Inside Employment, IR & Safety (Australia): The intersection of AI and consultation obligations 31.08.2026 30min

  In this crossover episode of Inside Employment, Inside IR and Inside Safety, Drew Pearson is joined by Nerida Jessup and Jessica Light to discuss the growing intersection between AI adoption and employer consultation obligations. The team explores when the introduction of AI and digital technologies may trigger industrial relations and work health and safety consultation requirements, the risks of getting consultation wrong, and the increasing scrutiny from unions and regulators. They also share practical insights on managing workplace change, psychosocial risks and compliance while embracing innovation. Recorded on 29 July 2026.
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  Deal Talk EP9: The Star Decision: Lessons for dealmakers 28.08.2026 19min

  In this episode HSF Kramer M&A partners Rebecca Maslen-Stannage and Mia Harrison-Kelf unpack the Star Entertainment decision, one of the most closely watched director duty cases in recent years, and explore what it means for directors and executives navigating transactions. The discussion covers the standard expected of directors when relying on management information, how to test and challenge information in a deal context, why insight matters more than volume in board packs, how to identify, manage and document conflicts of interest, and the importance of managing urgency in transactions through effective contemporaneous record-keeping. A practical discussion on how the Star decision shapes corporate governance and director duties in the context of M&A transactions, and what every director, executive and general counsel needs to know to do deals safely.
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  The Employment Rights Act 2025: Changes to fire and rehire – key actions for employers 21.08.2026 21min

  In this sixth episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, focus on the changes to fire and rehire law due to come into force in January 2027. These reforms will make it significantly more difficult and expensive to force through changes to core terms of employment, as well as having some other, perhaps unintended, implications for business strategy in relation to restructuring, post-acquisition harmonisation and outsourcing. We discuss the changes and steps employers should take now to prepare.
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  Deal Talk EP8: Private M&A in 2026: What the data tells us 20.08.2026 38min

  In this episode of Defining Matters, partners Kam Jamshidi and Matt FitzGerald unpack the key findings from HSF Kramer’s exclusive Private M&A Dealmakers Report 2026, analysing approx. 60 private M&A transactions completed over the past year. Key topics include: • The return of billion-dollar deals • Why bilateral deals are dominating sale processes • MAC clauses and transaction certainty • Regulatory trends across FIRB and ACCC approvals • The rise of lockboxes and alternative pricing structures • New liquidity pathways for private capital • Predictions for the year ahead A practical discussion on the trends, tactics and market dynamics shaping Australia's private M&A landscape.
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  Inside IR EP33: Negotiating skills for a challenging enterprise bargaining environment – Part 1 18.08.2026 30min

  As enterprise bargaining becomes increasingly complex, many organisations are rethinking how they prepare for negotiations. In part 1 of our latest episode of Inside IR, industrial relations partner Rohan Doyle and Melbourne Business School Professor Jennifer Overbeck explore the changing enterprise bargaining landscape, the shifting balance of bargaining power, the role of identity and trust in negotiations, and practical strategies organisations can use to prepare for bargaining more effectively.
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  Cross Examining Cyber EP26: Cross Examining Catherine Brenner and John Mullen (Part 1) 17.08.2026 23min

  Welcome to Cross Examining Cyber, a podcast brought to you by Herbert Smith Freehills Kramer. In this podcast, we look to speak to individuals across the industry who are at the coalface of our cyber incident response. In this particular series, we're taking a slightly different slant, we're going out and speaking to our top directors to talk about governance, how to be a good director during a cyber crisis, and what it means to be a director in an everchanging digital world. In this episode, we are joined by Catherine Brenner and John Mullen, two of our most distinguished Chairs. We talk about good governance, what it takes to be a good chair during a crisis, whether we need deep cyber expertise on the board and first-hand experience in cyber incident response. The discussion was so good, we’ve divided it in two. Here’s Cross Examining Catherine Brenner and John Mullen (Part 1)…
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  OJT S2 E9: Empirical insights and the case for reform with Prof. Dr Vince Morabito, Monash 13.08.2026 44min

  In this episode of On Just Terms, partners Jason Betts and Melissa Gladstone are joined by Professor Vince Morabito, one of Australia's leading empirical researchers on class actions. Drawing on decades of data, Professor Morabito explores common misconceptions about the class action system, the factors driving filing rates, and the impact of Victoria's group costs order regime. He also discusses concerns about rising GCO rates, assesses whether access to justice objectives are being achieved, and shares his views on key areas for reform, including competing class actions, class closure mechanisms, and the potential role of a public litigation fund.
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  Deal Talk EP7: Standstills, strategy and Takeovers Panel scrutiny 05.08.2026 20min

  In this episode of Defining Matters, partners Kam Jamshidi and Simon Walker unpack one of the most important and frequently negotiated provisions in public M&A transactions: standstills. Using notable Takeovers Panel decisions, including Diatreme/Metallica and International All Sports, Kam and Simon explore the commercial and legal tensions that arise between bidders seeking flexibility and targets seeking protection. Key topics include: • The role and purpose of standstills in public M&A • How bidders and targets approach key negotiating points • The importance of due diligence access and information-sharing • What recent Takeovers Panel decisions mean for dealmakers • Why parties should not expect the Panel to rewrite a bargain once it has been struck A great discussion on the negotiation, strategy and risk considerations shaping today's public M&A transactions.
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  FSR Brief EP13: Alternative routes to resolution 04.08.2026 27min

  The ways in which regulators respond when things go wrong is continuing to evolve. In this episode of the FSR Brief, Jon Ford, Michael Tan and Eva Barbosa discuss the Financial Conduct Authority's ("FCA") Enforcement Watch 2, including consumer duty investigations and the continued use of assertive supervision alongside/ in lieu of enforcement, the Financial Reporting Council's ("FRC") changes to its Audit Enforcement Procedure to introduce new routes to resolution, including an Early Admissions Process, and the latest case brought by the Prudential Regulation Authority using the Early Account Scheme. They share insights into these different approaches and consider whether there may be learnings that could be shared across regulators. See here our blogs on the changes to the FRC's Audit Enforcement Procedure https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/financial-reporting-council-updates-its-audit-enforcement-procedure-with-new-routes-to-resolution and the FCA's Enforcement Watch 2 https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/fca-enforcement-watch-2-the-consumer-duty-moves-into-a-new-phase-of-scrutiny