• Cross Examining Cyber EP6: Cross Examining Andrew Penn - Part 2
    May 22 2024

    In this episode, we finish our cross examination of Andy Penn, previously CEO of Telstra and more recently the Chair of the Government’s Expert Advisory Board . The conversation just gets better...

    Andy makes some insightful comments about the similarities between our physical world and our digital world, and how this should guide our measure of success. We also take a closer look at the Cyber Strategy, the value in placing responsibility on those best placed to take responsibility, what does "good" look like, the value in managing data holdings, threat sharing / locking, the benefit of transparency and reporting (rather than banning extortion).

    Andy also makes some incredibly relevant (and sobering) observations on the impact that compute power and quantum computing will have on our security settings (“…a Y2K event when don’t know the date…”).

    Finally, I ask Andy “what makes a great lawyer”? Luckily, we come out of that question relatively unscathed.

    This is Episode 6 of our podcast series. Cross examining Andy Penn. Here we go…

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    Cyber Risk Survey 2024 now live!

    Following the success of our inaugural Cyber Risk Survey in 2023, we are once again surveying in-house lawyers to better understand their cyber-related experiences and concerns. This year, our survey is going global! If you are an in-house lawyer in Australia, Asia, the UK, Europe, the Middle East or the US, we would love your insights!

    Complete our survey here: hsfuk.eu.qualtrics.com/jfe/form/SV_8fdxhAEb0VCmAUS

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    30 mins
  • Himalayan Bites: EP27 Stub equity
    May 21 2024

    Tony Damien and Andrew Rich chat about stub equity, including a couple of interesting recent developments in Australia.

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    6 mins
  • Real Estate EP12: Extending corporate liability under the Building Safety Act 2022 - can the corporate veil be protected?
    May 20 2024

    In our latest podcast, Kate Wilson, a Professional Support Consultant in our London Real Estate team, is joined by Alex Wright, a Senior Associate in our Corporate Real Estate team, and Somers Brewin, Vice-President in the Transactional Risk team at Lockton, to discuss the potential liabilities that can arise on corporate acquisitions pursuant to the Building Safety Act 2022, and the ways in which the insurance market is adapting to address these risks.

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    19 mins
  • Public M&A EP23: Competing takeover offers
    May 17 2024

    In the latest episode of our latest Herbert Smith Freehills UK public M&A podcast series, we discuss competing takeover offers. We have seen a significant uptick in competitive situations in recent months – we saw just one target receive firm competing offers in 2023, but have already seen four in the first four months of 2024. In this episode, we discuss:

    • Why we are seeing more competitive situations
    • How the put up or shut up (PUSU) deadline works
    • What happens if one or both bidders need regulatory clearance and
    • How competitive situations get resolved.

    Speakers: Mark Bardell, Robert Moore and Antonia Kirkby

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    13 mins
  • Employment Espresso Pods: The Activism Boom in and outside of the office
    May 15 2024

    Nowadays, 94% of organisations have measures in place to manage what employees can do or say publicly, and 36% admit that how organisations respond to geo-political events is a key reputational issue (HSF Future of Work Report 2021 ).

    Employee activism in relation to events generally unrelated to the individual's workplace causes concern for employers who want to address this conduct in a way that does not affect the employer’s reputation or other employees, which is often difficult when driven by strong emotions, philosophies, and beliefs at the core to an individual’s sense of self. In this podcast episode, we provide helpful tips for the employer trying to navigate this increasingly difficult area.

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    15 mins
  • Tax Bites EP12: Budget 2024 Highlights: Tax Implications and Changes
    May 14 2024

    In this special late night edition of the Tax Bites podcast Professor Graham Cooper, Nick Heggart, Ryan Leslie and Toby Eggleston delve into the key tax-related aspects of Budget 2024. The discussion begins with general observations about the budget's minimalistic approach to new tax measures before shifting to specific changes, such as the unexpected adjustments to the capital gains tax (CGT) regime for non-residents, aiming to align with OECD standards, yet raising questions about compatibility with existing treaties. Additionally, the podcast covers minor tweaks to the CGT non-resident withholding regime, the issuance of tax incentives for critical minerals and green hydrogen production, and updates to anti-avoidance rules and intangibles taxation. Lastly, the continued extension of the small business instant asset write-off and increased funding for the ATO's Tax Avoidance Taskforce are mentioned as recurring elements in the budget. The podcast concludes with reflections on potential impacts and the broader implications for future tax policy ahead of the upcoming election.

    00:09 Welcome to the Budget 2024 Special Edition
    00:39 Initial Reactions to Budget 2024
    00:48 Overview and Surprises in the Budget
    02:02 Deep Dive into Capital Gains Tax Changes for Non-Residents
    11:53 Exploring Tax Incentives for Future Growth
    15:29 Shifting Gears: From Intangibles to Anti-Avoidance Measures
    21:01 Wrapping Up: Budget Analysis and Final Thoughts

    Our budget Tax Note can be found here.

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    22 mins
  • Cross Examining Cyber EP5: Cross Examining Andrew Penn - Part 1
    May 9 2024

    This is Episode 5 of Cross Examining Cyber, a podcast series where we speak to those on the cyber frontline, defending Australian corporates and citizens from cyber risks. In this episode we cross examine Andy Penn, previously CEO of Telstra and more recently the Chair of the Government’s Expert Advisory Board (leading the development of strategic advice to the Government in relation to the Cyber Security Strategy). We caught up with Andy from his home in Mexico (a town called San Miguel de Allende).

    Andy brings a level of industry and policy expertise that is unrivalled. Again, we have split the discussion in two. In this episode, we talk about the formation of the Cyber Security Strategy, the dynamics of cybercrime, what success looks like and offensive / defensive security strategies. There is more to come in our conversation, but let’s kick things off with part 1 of our cross examination of Andy Penn. Here we go…

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    Cyber Risk Survey 2024 now live!

    Following the success of our inaugural Cyber Risk Survey in 2023, we are once again surveying in-house lawyers to better understand their cyber-related experiences and concerns. This year, our survey is going global! If you are an in-house lawyer in Australia, Asia, the UK, Europe, the Middle East or the US, we would love your insights!

    Complete our survey here: https://hsfuk.eu.qualtrics.com/jfe/form/SV_8fdxhAEb0VCmAUS

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    29 mins
  • Bank of America Legal Diversity Programme: Imposter Syndrome
    May 8 2024

    We are delighted to share a new instalment in our BofA Legal Diversity Programme Podcast series, in collaboration with Herbert Smith Freehills. This latest collaboration explores the topic of imposter syndrome, and its origins, impact and effect on professional life.

    A 2021 article in the Harvard Business Review shone a light on issues with the term 'imposter syndrome', loosely defined as a lack of self-belief in one's capability. This has long been identified as an issue for women, and in particular – women of colour, and other minority groups, to overcome in professional life.

    Moderator Alice Eady Ketchell, speaks with Bank of America colleagues Andreas Iacovou and Ana Maria Knott, along with Herbert Smith Freehills partners Kelesi Blundell, Simon Clarke and Marina Reason about their own reflections on the theme and experiences battling with imposter syndrome.

    The conversation unpicks the term imposter syndrome: in telling women they have imposter syndrome, have we somehow created those feelings? What can organisations do to challenge the systems in place that exacerbate those feelings in women and minority groups in particular? Is a degree of self-doubt helpful?

    Our leaders also share some of their own experiences of imposter syndrome and how they deal with days of low confidence or new challenges.

    We hope you enjoy listening and reflecting on your own experiences.

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    48 mins