Herbert Smith Freehills Kramer Podcasts
Herbert Smith Freehills Kramer Podcasts
Herbert Smith Freehills Kramer Podcasts
A series of thought leading podcasts ranging on topics and sectors by one of the world’s leading global law firms, Herbert Smith Freehills Kramer. For more information please visit www.hsfkramer.com
Inside IR EP33: Negotiating skills for a challenging enterprise bargaining environment – Part 1
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.
Aug 18
30 min
Cross Examining Cyber EP26: Cross Examining Catherine Brenner and John Mullen (Part 1)
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)…
Aug 17
23 min
OJT S2 E9: Empirical insights and the case for reform with Prof. Dr Vince Morabito, Monash
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.
Aug 13
44 min
Deal Talk EP7: Standstills, strategy and Takeovers Panel scrutiny
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.
Aug 5
20 min
FSR Brief EP13: Alternative routes to resolution
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
Aug 4
27 min
Investing in the UK for Chinese Speakers: EP9 Joint-venture disputes
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。
Aug 3
18 min
On Just Terms S2 E8: Securing Corporate Australia with Hamish Hansford, Head of National Security
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.
Jul 30
23 min
Legal Tech Deciphered EP3: Innovation and defensibility
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.
Jul 23
21 min
Inside Employment & Safety: The shifting regulatory environment facing employers
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.
Jul 23
25 min
CRTea EP8: Recent Developments in UK Consumer Protection Law
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.
Jul 22
23 min
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