Herbert Smith Freehills Kramer Podcasts

Epizode

• 
  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
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  Investing in the UK for Chinese Speakers: EP9 Joint-venture disputes 03.08.2026 18min

  Disputes arising out of construction and infrastructure joint-venture projects This podcast explores the rising complexity of disputes in infrastructure joint ventures and the key issues that drive them. With large-scale, long-term projects bringing together multiple parties, the potential for disagreement is inherent. In this episode, we discuss: 1) why infrastructure joint ventures are particularly prone to complex disputes, given their scale, duration, capital intensity and the interdependence of responsibilities; 2) the most common areas of contention, including funding and capital calls, governance and deadlock, exit and valuation, as well as downstream construction disputes involving scope changes, cost overruns and the relationship between JV entities and their participants; and 3) key takeaways for C-suite executives and lawyers. 本期我们专注基础设施合资企业中日益复杂的争议问题及其主要成因。大型、长期的基础设施项目汇集了多方参与者，分歧的产生在所难免。在本期节目中，我们将围绕以下三个方面展开讨论：1）首先，我们将分析为何基础设施合资企业特别容易引发复杂争议，包括项目规模大、周期长、资本密集以及各方责任高度交织等因素 ；2）其次，我们将探讨最常见的争议领域，涵盖出资与增资催缴、治理与僵局、退出与估值，以及涉及范围变更、成本超支和合资实体与参与方之间关系的下游施工争议 ；3）最后，我们将为企业高管和法律从业者提供关键建议。
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  On Just Terms S2 E8: Securing Corporate Australia with Hamish Hansford, Head of National Security 30.07.2026 23min

  In this episode of On Just Terms, Jason Betts and Melissa Gladstone are joined by Hamish Hansford, Head of National Security at the Department of Home Affairs and Australia's Commonwealth Counter-Terrorism Coordinator, for a discussion on the evolving national security landscape and its implications for Australian organisations. Hamish discusses Australia's Cyber Security Strategy, mandatory ransomware reporting, the convergence of cyber, foreign interference and organised crime threats, and the growing role of AI in both security and resilience. He also explores the Security of Critical Infrastructure framework, board preparedness, and the importance of strong security culture and risk management. A practical discussion for directors, executives and advisers navigating cyber, critical infrastructure and national security risks. an increasingly complex threat environment.
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  Inside Employment & Safety: The shifting regulatory environment facing employers 23.07.2026 25min

  In this special crossover episode of Inside Employment and Inside Safety, Steve Bell, Tony Wood and Lucy Boyd explore the increasingly complex regulatory landscape facing Australian employers and the growing scrutiny from workplace, safety and human rights regulators. Steve, Tony and Lucy discuss the rise in regulatory investigations and enforcement activity, the challenges employers face when responding to overlapping regulators, and the Australian Human Rights Commission’s evolving approach to enforcing the positive duty to prevent sexual harassment. They also share practical insights on governance, compliance and how organisations can prepare for greater regulatory scrutiny.
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  Legal Tech Deciphered EP3: Innovation and defensibility 23.07.2026 21min

  In this episode, we explore how GenAI is being integrated into real-world document review, and why hybrid approaches are fast becoming the standard. Stephanie Barrett (Director, Legal Technology), together with Caoimhe Powell (Director, Disputes - Digital Legal Delivery) and Craig Glover (Head of Disputes, Digital Legal Delivery), unpack how GenAI and technology-assisted review (TAR) work best in combination. Drawing on live delivery experience, they show how hybrid workflows balance contextual insight with the precision, consistency and defensibility required in high stakes matters, and why the best results come from combining the right tools, not choosing between them.
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  CRTea EP8: Recent Developments in UK Consumer Protection Law 22.07.2026 23min

  Recent Developments in UK Consumer Protection Law: The CMA's First Investigations Under the New Regime Since our last podcast in July 2025, which covered the key features of the UK's enhanced consumer protection regime introduced under the Digital Markets, Competition and Consumers Act, there have been significant developments including a number of investigations and final infringement decisions under the new regime, new guidance on green claims across the supply chain, guidance on the use of AI agents, and the Government's response to the consultation on implementing the new subscription contracts regime. Our latest podcast focuses on the CMA's first investigations into online pricing practices, pressure selling and fake or misleading consumer reviews. At the time of recording the CMA had completed three of its investigations, adopting infringement decisions with penalties and imposing consumer redress measures. The CMA has also issued advisory letters to over a hundred businesses, putting them on notice of the need to review their practices. In this podcast we take a closer look at the CMA's areas of focus and the lessons learned based on these first investigations.
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  Cross Examining Cyber EP25: Cross Examining Anne Templeman-Jones 20.07.2026 43min

  After our brief hiatus, we are back with our Cross-Examining Cyber Director Series. In this series, we sit down with some of Australia's leading directors to discuss the challenges and opportunities facing boards in an increasingly complex cyber landscape. In this episode, we cross-examine Anne Templeman-Jones, one of Australia's most accomplished business leaders and non-executive directors. Anne has served on the boards of Commonwealth Bank, GUD Holdings Limited, Worley Limited, and Blackmores (as Chair). She has also held board and leadership roles with Cuscal Limited, HT&E Limited, Pioneer Credit Limited, TAL Superannuation Fund… the list goes on. Anne is also passionate about technology and cyber security – what a combination! In this conversation, Anne shares insights from her boardroom experience, including how directors can navigate emerging technology risks, approach cyber resilience, and balance governance with growth and innovation. Drawing on a career that has spanned multiple industries, Anne reflects on what makes an effective director and the lessons that boards can apply in an increasingly uncertain digital environment. Thanks again for listening. This is Cross-Examining Anne Templeman-Jones. Here we go…
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  The Third Wheel (ESG Australia) EP51: ASIC observations and lessons for future climate reporting 17.07.2026 24min

  In Part 2 of our climate reporting series, we build on the themes from Episode 50 and shift the focus to what comes next. As the first wave of disclosures has wrapped up, attention has turned to the next climate reporting cycles - particularly for June and September year-end companies. The question now is: what lessons can organisations take forward? In this episode, we unpack key takeaways from the first round of sustainability reporting and explore how they can be applied in practice for future reporters. We also take a closer look at ASIC’s early observations and share our perspective on what these mean, and how companies can consider them going forward.
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  The Third Wheel (ESG Australia) EP50: Looking back at the first wave of climate reporting 17.07.2026 19min

  Welcome back to The Third Wheel. In this episode, we turn our attention to one of the new features of the annual reporting landscape: mandatory climate disclosures. With the first wave of reporting now completed, we thought it was the perfect moment to pause and reflect. What’s working well? Where are organisations still finding their footing? And what challenges are starting to surface? This episode kicks off a two-part series, where we explore early trends emerging from the first round of disclosures. We share our initial observations, highlight recurring hurdles or challenges, and point to areas where reporting is already showing real progress.
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  Inside Employment (Australia) EP7: Employment Class Actions 16.07.2026 39min

  In this episode of Inside Employment, Natalie Gaspar and Lucy Boyd are joined by HSF Kramer Disputes Partner, Melissa Gladstone to explore the rise of employment class actions in Australia and why they have become one of the fastest-growing litigation risks for employers. Natalie, Lucy and Melissa discuss the factors driving this trend, how employment class actions differ from traditional workplace disputes, and the unique challenges they create for employers. They also share practical steps organisations can take to mitigate risk, including governance, early issue detection and prompt remediation.
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  Deal Talk EP6: The cost of disclosure: what the Dexus case means for dealmakers 15.07.2026 16min

  In this episode of Deal Talk, partners Kam Jamshidi and Nicole Pedler examine the Dexus vs Australia Pacific Airports Corporation litigation, which has firmly brought into focus how divesting parties manage confidentiality obligations in a sale process. Analysing the key lessons from Justice Hammerschlag's judgment in the NSW Supreme Court, Kam and Nicole work through the key issues arising from the case, including: • The scale of disclosure and why the nature of the recipients made the breach so serious • Why Justice Hammerschlag found the breach to be both material and irremediable, and what the breakdown of trust and confidence between joint venture parties means in practice • The role of the board in issuing the default notice and the drafting considerations that flow from that; and • The practical lessons for transactors, from coding for exit at the joint venture formation stage, to applying more staged, carefully controlled information disclosure in sale processes
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  On Just Terms S2 EP7: Reform priorities and future decisions with Dr Peter Cashman 15.07.2026 33min

  In this episode of On Just Terms, partners Jason Betts and Melissa Gladstone sit down with Dr Peter Cashman, adjunct professor at UNSW and leading barrister, to discuss the evolution of Australia’s class action regime. Drawing on decades of experience, Dr Cashman reflects on its role in improving corporate governance, product safety and access to justice, while addressing ongoing challenges around cost, delay and efficiency. He also outlines a range of reforms aimed at creating a faster, fairer and more effective class action system for all participants.
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  Legal Tech Deciphered Trust, Truth and Hallucinations EP2: eDiscovery in 2026 09.07.2026 19min

  In this episode, we step back from our case study (covered in Episode 1 Parts One and Two) to address a key question: how does GenAI compare to technology-assisted review (TAR)? David Beck (Head of eDiscovery UK & EMEA), Meghan Ryan (Senior Manager, eDiscovery) and Danbee Kim (Head of Digital Legal, US) cut through the hype to explore how these technologies work in practice. They examine why TAR remains central to large-scale review - particularly for precision, consistency and defensibility - and where GenAI adds value, including contextual insight and early case analysis. Drawing on real-world experience, they show why GenAI is often reinforcing (not replacing) TAR, and reframe the debate around a more practical question: what is the right approach for the matter, the data and the client?
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  Cross-examining AI: Use of AI by public authorities and key IP issues 07.07.2026 18min

  This is the third episode of "Cross-examining AI", HSF Kramer's podcast series on disputes and AI where we unpack the key developments that are shaping litigation. In this episode we look at the use of AI by public bodies following a recent judgment on the lawfulness of the Metropolitan Police’s live facial recognition technology, as well as discussing some of the key IP issues that AI developers and users are currently confronting. This episode is hosted by Martin Hevey, a senior associate in our disputes team, who is joined by Andrew Lidbetter and Jasveer Randhawa from our public law and regulatory team, and Peter Dalton, a partner in the cyber security and IP practices. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Civil Justice Council publishes update on consultation responses regarding use of AI for preparing court documents https://www.hsfkramer.com/notes/litigation/2026-07/civil-justice-council-publishes-update-on-consultation-responses-regarding-use-of-ai-for-preparing-court-documents • Lessons for AI use by public authorities in Divisional Court’s decision on lawfulness of facial recognition technology https://www.hsfkramer.com/notes/publiclaw/lessons-for-ai-use-by-public-authorities-in-divisional-courts-decision-on-lawfulness-of-facial-recognition-technology
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  Public Law Podcast EP25: July wrap up of key developments 06.07.2026 21min

  In this July wrap up edition of the public law podcast, Jasveer Randhawa is joined by HSF Kramer partners Nusrat Zar and James Wood. They start with an update on ECHR and proportionality, examining recent developments in A1P1 property rights, following the decisions in Dana Astra and BYL. The discussion then turns to practical takeaways for those advising on contentious regulatory matters, including the High Court’s refusal of permission to challenge a late application in Intelligent Land Investments Group, and the evidential threshold required when seeking to restrain the publication of public authority decisions in Euro Car Parks Ltd and South East Water. They also examine the courts’ evolving approach where regulators overstep, as illustrated by R (University of Sussex) v Office for Students, alongside recent High Court guidance on the correct test to be applied in energy price control appeals. To conclude, they flag the Divisional Court's decision on the lawfulness of facial recognition technology and the useful lessons it holds for the future use of AI by public authorities. Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner).
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  Investing in the UK for Chinese Speakers: EP8 Dawn Raids 06.07.2026 13min

  This podcast focuses on dawn raids and how businesses can prepare for and respond to them. Dawn raids are unannounced inspections carried out by regulatory and investigative authorities to gather evidence of suspected legal breaches. In this episode, we discuss: 1) what dawn raids are and the authorities that conduct them; 2) recent trends in dawn raid activity, including the growing challenges posed by electronic data and hybrid working; and 3) the key steps companies and employees should take before, during and after a dawn raid to ensure compliance and protect their legal position. Speakers: Dawen Gao, Tianxin Sun 这一期我们将重点讨论黎明突袭（Dawn Raids）以及企业应如何应对此类调查。黎明突袭是监管机构或执法机关为调查涉嫌违法违规行为而开展的未经预先通知的现场检查。在本期节目中，我们将围绕以下三个方面展开讨论：1）首先，我们将介绍什么是黎明突袭，以及哪些监管和执法机构有权开展此类检查；2）其次，我们将探讨近年来黎明突袭的发展趋势，包括电子数据管理和远程办公模式带来的新挑战；3）最后，我们将分享企业和员工在黎明突袭前、黎明突袭期间及结束后应采取的关键应对措施，以确保合规并维护自身合法权益。 Speakers: 高达文，孙田心
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  Employment Espresso Pods: The Employment Rights Act 2025: Changes to workplace harassment laws 03.07.2026 18min

  Changes to workplace harassment laws – steps employers should take to prepare In this fifth 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 the law on harassment due to come into force in October 2026. These reforms extend the new preventative duty first introduced in October 2024, turning it into a duty to take "all reasonable steps" to prevent sexual harassment, and also create the potential for employees to bring claims against their employer in relation to any type of unlawful harassment by a third party. We discuss the steps employers in different sectors should take now to minimise the risk of claims. The Equality and Human Rights Commission's technical guidance dated 2024 referred to in the podcast is available here: https://www.equalityhumanrights.com/guidance/sexual-harassment-and-harassment-work-technical-guidance; the Commission's latest research is here: https://www.equalityhumanrights.com/our-work/our-research/our-research-workplace-harassment.
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  On Just Terms S2 E6: Boards at the crossroads with Mark Rigotti Managing Director & CEO, AICD 02.07.2026 21min

  In this episode of On Just Terms, HSF Kramer partners Cameron Hanson and Tania Gray speak with Mark Rigotti, Managing Director and CEO of the Australian Institute of Company Directors, about the evolving governance landscape. The discussion explores governing culture beyond compliance, the growing influence of AI in the boardroom, and the impact of private capital on transparency, accountability and board priorities. A timely conversation for directors, executives and advisers navigating change in an increasingly complex environment.
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  Commercial Litigation EP38: General update 01.07.2026 19min

  This is the 38th episode of our series of commercial litigation update podcasts. In this episode we discuss privilege, including a recent case on privilege and litigation funding, disclosure, court organisation, and the question of when a third party's fraud will break the chain of causation. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Angela Liu and David Shepherd, two senior associates in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court finds legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communications https://www.hsfkramer.com/notes/litigation/2026-04/high-court-finds-legal-advice-privilege-is-not-limited-to-lawyer-client-communications-but-extends-to-intra-client-communications • Disclosure Review Working Group considering simplification of PD 57AD disclosure regime following survey https://www.hsfkramer.com/notes/litigation/2026-05/disclosure-review-working-group-considering-simplification-of-pd-57ad-disclosure-regime-following-survey • Creation of new Business and Property Division of the High Court announced https://www.hsfkramer.com/notes/litigation/2026-06/creation-of-new-business-and-property-division-of-the-high-court-announced • Court of Appeal holds fraudsters' intervention broke chain of causation https://www.hsfkramer.com/notes/cf/2026-posts/court-of-appeal-holds-fraudsters-intervention-broke-chain-of-causation • Litigation funding and privilege: High Court finds litigation privilege does not apply to communications prepared to enable funders to assess whether to support a claim https://www.hsfkramer.com/notes/litigation/2026-06/litigation-funding-and-privilege-high-court-finds-litigation-privilege-does-not-apply-to-communications-prepared-to-enable-funders-to-assess-whether-to-support-a-claim See podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep38-transcript.pdf