As markets move from response to recovery, our focus is shifting too. Looking ahead, we expect the global pandemic to operate as a catalyst, accelerating changes in human behaviour, driving forward scientific and technological advances, and ushering in further digitalisation and some tough choices on automation. We understand that navigating the pace of change, and defining your new normal can be overwhelming, so we are continuing to develop insights to help you recover, rebuild and reform.
2020 A year in review
9 December 2020
The final Catalyst Webinar of 2020 focuses on
- managing employment and IR issues in our new flexible working environment (Drew Pearson, Partner, Employment, IR and Safety)
- the disruption to class actions in Australia in the last 12 months (Christine Tran, Partner, Disputes)
- geopolitics and impacts on Australia (Rebecca Maslen-Stannage, Partner, Corporate) and
- optimism driven by record government infrastructure spending and fast-tracked demand for technology (Nicholas Carney, Partner, Projects).
Reflections on the US election and escalating impacts on International Trade
18 November 2020
Leon Chung, partner in our Sydney office hosts international partners Weina Ye, Kewei, China and Joseph Falcone, New York, to discuss how political unrest has contributed to growing uncertainty in international trade and how this has affected Australian companies and what might happen next.
If the wig fits – How judges are appointed in Australia and the USA
5 November 2020
The issue of judicial appointments has attracted a lot of attention recently, with the expedited senate confirmation hearings for Amy Coney Barrett following the death of Justice Ruth Bader Ginsburg in the US and discussion about the appointment of Australia's next 2 High Court judges. These recent events have highlighted significant differences between Australia and the US in terms of the public and political attention given to judicial appointments.
Given the importance of the issues considered by judges on the Australian High Court and US Supreme Court, these issues have the potential to significantly impact civil, political and economic issues (such as border lockdowns, voting rights and reproductive rights) in both countries.
Join Leon Chung, Amelia Loughland, Graeme Johnson and Theo Varvaressos as they explore how judges are appointed in Australia and the USA, factors that impact on judicial appointments, and attempts to influence the court through judicial appointment and whether those have been successful.
This particular webinar recording is available in audio only.
Pink Ribbon Webinar
27 October 2020
In support of the National Breast Cancer Foundation, our Catalyst Webinar was taken over by our virtual Pink Ribbon event where we heard from three remarkable guests who work in the medical innovation and wellness spaces. Our guest speakers were:
Prof Sarah Hosking - CEO of the National Breast Cancer Foundation.
In continuing our tradition of our Pink Ribbon event, Prof Hosking updated us on NBCF’s current focus and gave an insight into the challenges and achievements in running a not-for-profit business during Covid-19.
Prof Sandra O’Toole - Head of Translational Breast Cancer Research, The Garvan Institute of Medical Research & Senior Staff Specialist, Royal Prince Alfred Hospital.
Prof O'Toole shared her story and firsthand experiences of hospital life and continuing breast cancer research during Covid-19.
Dr Jemma King - Founder BioPsychAnaltyics, Research Fellow University Queensland and Lecturer Sydney University MBA.
Dr King is a specialist in the field of Human Behaviour, Stress and Emotional Intelligence. She shared her top 4 practical, science based hacks, that you can start using right away to support you in living a healthier lifestyle.
Breast cancer is the most commonly diagnosed cancer in Australia. The National Breast Cancer Foundation funds world-class research into the detection, prevention and a cure of breast cancer. The NBCF is committed to funding research to reach one determined goal: zero deaths from breast cancer by 2030.
Watchers and listeners are invited to donate to the National Breast Cancer Foundation to help further research into prevention and cure. Herbert Smith Freehills will make our usual gift donation to the Foundation.
M&A: merger control, foreign investment controls and the regulators – ten considerations
20 October 2020
In our final session covering the challenges and opportunities emerging from the Covid-19 pandemic and the impact on M&A in particular, this episode looks at merger control and foreign investment controls across EMEA and what effect the pandemic is having on transactions. This episode covers:
- The direction of travel in European merger control and how regulators have adapted to the pandemic;
- FDI regimes around the world and how governments have strengthened and used them during the pandemic;
- Issues for parties to M&A transactions to focus on in light of this;
- Tactical considerations for deals around the upcoming Brexit changes; and
- What the new UK national security and investment regime might look like and the possible impact on transactions
Catalyst - Observations on the Australian Economy (Australia)
14 October 2020
Head of our Disputes Practice in Perth Elizabeth Macknay speaks with Mark Rigotti, as he steps into his new role as a Partner and Senior Adviser with the Firm. As the immediate past Global CEO of Herbert Smith Freehills, Mark gives us his insights on some of the trends he is seeing across the Australian market, and will also reflect on the recent Federal Budget announcement and its impact, with a focus on the key themes of Investment and Governance.
Catalyst - Exploring Opportunities – M&A: Distressed M&A – challenges and opportunities
Tuesday 6 October 2020
We are pleased to continue our webinar series on the challenges and opportunities emerging from the Covid-19 pandemic and the impact on M&A in particular. The next session will look at distressed M&A, and the challenges and opportunities it brings. The webinar will cover:
- The basics of a distressed M&A deal
- Quasi distressed transactions and other options available to companies in crisis
- Issues for buyers
- Regulatory relaxations in distressed situations
- Comparisons to US Chapter 11
- European trends
- The impact of the latest changes to insolvency legislation.
The webinar will be chaired by Caroline Rae and she will be joined by Greg Mulley and Kevin Pullen of Herbert Smith Freehills and Simon Edel, a partner in Turnaround & Restructuring Strategy at EY, who will share their experience and views. This webinar is accompanied by our Exploring opportunities: Investments and acquisitions online guide.
Reopening offices - risks & opportunities (Australia)
23 September 2020
Rachael McCarthy, Studio Director at Bates Smart, joins a panel of our Employment, IR and Safety experts, including Drew Pearson (Partner), Aaron Anderson (Partner) and Sophie Beaman (Senior Associate), to discuss a range of topics covering workplace design, employment and safety law and a practical operations perspective.
Exploring Opportunities: Digital transformation
15 September 2020
Digital transformation was high on the board agenda before Covid-19, but the pandemic has placed even greater emphasis on the benefits that technology can bring. Optimising existing business models, generating new sources of revenue and building operational resilience are now, more than ever, imperatives for all businesses.
This has driven many to rethink and accelerate their digital strategies. However, to succeed with their digital transformation, businesses need to successfully navigate a range of legal, regulatory and ethical challenges relating to both the technologies that businesses are looking to adopt and the broader business transformation that must take place – to people, processes and property – to embed that technological change.
This webinar will be chaired by Alex Cravero, UK/US & EMEA Lead for our Digital Law Group, who will be joined by Nick Pantlin, David Coulling, Miriam Everett and Rachel Lidgate, all of whom are leading practitioners from across the firm's Technology, Digital & Data and Disputes practices.
Don’t wait to be fast-tracked….Get your project moving now (Western Australia)
10 September 2020
As Western Australia moves from response to recovery, both the State and Federal governments have made moves to fast track major projects, incentivise investment and to support local businesses and employment. We expect the pandemic to act as a catalyst, accelerating changes across the board including the regulatory, M&A, financing and contracting landscape. Government driven change at this time will provide new opportunities, but that’s not the only way to fast track your project. Join Perth partners Andrew McLean, Melanie Debenham, Daniel Zador, Simon Reed and Dan Dragovic as they discuss taking the reins on kick-starting project development.
Helping our children grow through Covid-19 challenges
9 September 2020
Building from the themes discussed in our "Parenting and working from home" session, Dr Paula Barrett joins Merryn Quale, a partner in our Melbourne office for our next CATALYST webinar. Dr Barrett, an internationally recognised clinician, scholar and researcher in the field of child psychology speaks about positive coping skills to build resilience during these uncertain times.
Exploring Opportunities – M&A: Back but different?
8 September 2020
The next session will look at M&A opportunities across EMEA and what is changing in deals. Whilst, as anticipated, we are seeing distressed M&A, there is plenty of “business as usual” activity too, including deals that went on hold during lockdown or have been revived where the pandemic has operated as a driver. We are also seeing governments as parties in M&A, acting to protect companies and sectors of particular national importance or critical sensitivity. This webinar is accompanied by our Exploring opportunities: Investments and acquisitions online guide.
The webinar will be chaired by Gavin Davies, Global Head of M&A at Herbert Smith Freehills. He will be joined by Caroline Rae, Sönke Becker and Frédéric Bouvet, as well as Rebecca Perlman, who will share their experience and views from across the EMEA region.
27 August 2020
Carla Liedtke, cyber security specialist from Control Risks is joined by our privacy expert, Kaman Tsoi, and IP Disputes partner, Rebekah Gay, to discuss cyber risk levels and activity in the wake of Covid-19 – cyber criminals really are thriving; what businesses can and should be doing to address these heightened risks; and what should you do if an attack does happen.
Parenting and working from home
12 August 2020
As Victoria settles into Stage 4 lockdown and Australia tries to keep new coronavirus outbreaks under control, many parents and carers are again facing the difficult juggle of work, parenting, and home-learning responsibilities. We want to support working parents and carers through this stressful and often tiring period.
Dr Michael Carr-Gregg, renowned psychologist, author, broadcaster, and children and families specialist, will join Heidi Asten, Partner in our Melbourne Environment, Planning & Communities team, to explore parenting skills, knowledge and strategies from a psychological perspective; setting the emotional tone and talking about COVID-19 with your children; resilience and self-care for parents; and your questions about parenting in lockdown.
Investments in telehealthcare in Russia: from restrictive measures to liberalisation of the market
30 July 2020
COVID-19 pandemic sent the global demand for digital services, including in healthcare sector, soaring. Currently, the telehealth technologies sector in Russia is going through a new phase in its development, with various services launched for patients, and a prospect of the telehealth consultations and remote patient treatment practices expanding in the future.
According to experts, notwithstanding the new economic challenges, the telehealth sector will demonstrate brisk growth. Analysts of VEB Ventures note that the scope of investments into Russian telehealth companies in 2020—2025 might increase up to RUB 96 billion from RUB 1.5 billion following 2019 year-end results.
Notwithstanding the existing restrictions in the Russian laws, a number of companies are already engaged in this sector, offering various telehealth “packages” to the population, whilst others are looking into options for investing into the sector.
At the webinar, the associates of Herbert Smith Freehills with the expertise in the sector will review, from a practical perspective, the current opportunity for translating the telehealth projects into reality, the proposed legislative initiatives and will share some examples of the best international practices.
- Brief overview of prospects of the telehealth market development in Russia
- Telehealth models currently used and relevant regulatory environment
- Issues of return on investments and telehealth financing within the mandatory medical insurance system
- Recommendations on launching and structuring of telehealth investment projects, including through public-private partnership
- Proposed amendments to the laws
- Best global practices of regulating the telehealth sector
Managing risk and opportunity
28 July 2020
Industry experts George Sutton, National Managing Partner - Business Risk at Grant Thornton, and Cory Davie, Managing Partner Australia Pacific at Control Risks join Merryn Quayle, partner in our Melbourne Disputes team to explore risk and opportunity in a legal and broader commercial context, including how to re-position the relationship between risk and opportunity from ‘what could go wrong?’ to ‘what needs to go right?’
Exploring opportunities: Private capital
16 July 2020
This session will look at how the private equity industry in Europe has dealt with the crisis in the first 100 days or so and the role it will have to play as economies throughout the region emerge from hibernation.
We’ll look back on the impact on live fundraising as well as liquidity pressures and responses before looking forward and discussing the role for private capital in the recovery. Areas of discussion will include:
- Fund raising, liquidity and secondaries
- A portfolio manager's perspective
- The role of private capital in the recovery
The webinar will be chaired by Jonathan Blake, who heads our international private funds strategy at Herbert Smith Freehills, who will be joined by leading practitioners from across the firm's Corporate practice.
Governance: ESG and Corporate Purpose
7 July 2020
The pandemic has naturally focused attention on health and safety, and human rights. In doing so, the ESG dialogue has in turn drawn "S" factors out from the shadow of the “E” and the “G”. It has also revealed the potential for business to reduce the scale of its environmental impact, and made us all more aware of the risks posed by “black swan” events and existential threats, such as climate change.
In this webinar, we will share some perspectives on how businesses and investors can develop a robust approach to the ESG risks and opportunities presented by the pandemic in the short-term and in the months ahead, as we head into the recovery phase.
The webinar will draw on the wide-ranging experiences of our speakers. Herbert Smith Freehills corporate lawyer, Rebecca Perlman, will be joined by experts, including:
- Philip Collins, Columnist at The Times and former chief speech writer to Tony Blair; and
- Will Martindale, Director of Policy & Research at the UN Principles for Responsible Investment
In advance of the webinar, we would recommend reading this piece co-authored by Mr Collins with his colleagues at The Draft. The piece suggests that three key principles will emerge from the pandemic and underpin the recovery - cleaner growth, fairer growth, and caring growth. The piece also touches on some of the ways in which businesses can approach the question of corporate purpose.
Pressure points: Navigating disputes risks
30 June 2020
The pandemic has caused huge disruption to economic activity around the world, and many businesses continue to face challenges to their operations on a day-to-day basis. For these businesses the possibility of litigation may seem a distant threat. However, the pandemic has created fertile ground for claims to be brought against companies of all shapes and sizes, and in some areas claims are already starting to materialise. In Pressure points: Navigating disputes risks, we will consider some of the areas in which we might see claims including:
- Employee claims
- Securities class actions
- Data protection and privacy class actions
- Public sector claims and potential public inquiries involving commercial organisations
We will look briefly at issues companies might face in looking to their insurance to mitigate disputes risk, and will also consider the growing number of competition class actions (both Covid-related and beyond) and what this might mean for businesses.
The webinar will be chaired by Alan Watts, who heads our UK class actions practice at Herbert Smith Freehills, who will be joined by leading practitioners from across the firm's Disputes practice.
Leading in extraordinary times
24 June 2020
On 1 May 2020, Justin D'Agostino began his role as the new Hong Kong based Global CEO of Herbert Smith Freehills. This was no ordinary start to a leadership role, with his first day in March as transitional chair of the firm's Executive team marked by the WHO's declaration of a global pandemic.
Interviewed by Singapore partner Fatim Jumabhoy, Justin will share how he adapted his thinking and direction to lead a global organisation – and a new leadership team – through one of the most extraordinary periods of recent history, and why keeping our people connected and caring for each other was critical to the firm's approach and success to date.
Reputation risks and opportunities
23 June 2020
Herbert Smith Freehills is partnering with global communications firm Edelman for a webinar that will explore the legal and reputational risks arising from Covid-19 and share practical tips for managing these risks.
Covid-19 creates legal and reputation risk across almost all aspects of all businesses, across almost all sectors. Businesses are grappling with unique challenges - all with no historical precedent for guidance - ranging from protecting employees from a potentially lethal virus, to remote working and data-security, supply chain collapse, ever-changing regulatory guidance and, for many, a sharp drop in business value. With the breadth of individuals and businesses affected, the potential for damaging, public, group litigation is higher than ever.
Repairing the balance sheet - accessing new equity and debt finance (UK)
11 June 2020
Repairing the balance sheet – accessing new equity and debt finance, reflects the shift of focus from dealing with near-term liquidity concerns, to ensuring longer term viability and recovery. We shall consider some of the options available to companies in this recovery and repair phase, including in relation to:
- accessing existing and new credit facilities, including private placements;
- accessing new equity capital;
- accessing government schemes and the implications of regulatory action;
- supply chain and creditor behaviour;
- preserving cash and improving working capital (eg via deferring pensions contributions); and
- the impact on supply chain and creditor behaviour.
This webinar will have a UK focus, however, we will shortly be releasing a new guide on repairing the balance sheet which will also have regional insights from EMEA and beyond.
The webinar will be chaired by Kristen Roberts, Partner of Herbert Smith Freehills, who will be joined by experts from Herbert Smith Freehills who will share their experience from past downturns and the current crisis.
Managing anxiety in uncertain times (Australia)
10 June 2020
Many leaders are dealing with team members experiencing a range of emotions and reactions to this transition, ranging from anxiety to excitement, while also managing their own emotional responses.
Dr Chris Stevens (our in-house Psychologist) and Danielle Kelly (our Global Head of Diversity and Inclusion) will be interviewed by Nora Chlap (BD Director, Australia) and explore how leaders can help people through these times, as well as harnessing the agility and creativity that many of us have seen from the forced working from home period.
Governance Discussion Webinar (Australia)
4 June 2020
During this discussion our Head Office Advisory Team provide you with practical insights in relation to key governance related issues currently facing companies as a result of the COVID-19 pandemic and its broader impacts.
Join Carolyn Pugsley, Quentin Digby, Priscilla Bryans, Garth Riddell and Stefanie Wilkinson as they cover issues including market disclosure, dividends, AGM logistics, remuneration and incentives and top of mind issues for directors.
Digitalise to survive and thrive (Australia)
3 June 2020
Carolyn Pugsley (Executive Partner and Joint Global Head of Practice in our Corporate team) is host to a panel of experts discussing digital transformation. Julian Lincoln (Partners in our Telecommunications, Media and Technology team) explores the cornerstones of digital transformation and the opportunities for businesses. Peter Jones (Partners in our Telecommunications, Media and Technology team) discusses key challenges to successful digital transformation, and Mark Robinson (Partners in our Telecommunications, Media and Technology team) provides a perspective from Asia including what he’s seeing from clients.
Pressure points: Next Phase of State aid: Deeper bailouts and recapitalisations
2 June 2020
Pressure points: Next Phase of State aid: Deeper bailouts and recapitalisations will look at what we are beginning, and expect, to see next in terms of bailouts of specific businesses and industries which governments consider to be of strategic importance.
Amongst other things, we shall discuss:
- what the options are for such a next phase of State-backed recapitalisations, including taking equity;
- practical considerations for companies as recipients of financial support or competitors/complainants, including the EU's most recent COVID-19 State aid guidelines; and
- recent bailout proposals for high profile companies in a number of major European jurisdictions.
This webinar will be chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills, who will be joined by experts from Herbert Smith Freehills who will share their experience from past downturns and the current crisis.
Predictions for the new normal (Australia)
26 May 2020
Mark Rigotti (our past Global CEO for 6 years, having stepped down on 1 May 2020) shares his predictions for the new normal, focusing on two key business impacts resulting from the pandemic – the future of work and the reform opportunity - as well as the critical role of an engaged and motivated workforce in achieving a fast and positive recovery. Mark, now a partner and senior adviser with Herbert Smith Freehills, will be interviewed by Nicholas Carney (Partner) who will draw on Mark’s global experience and deep knowledge of the Australian market.
Re-imagining the sub-Saharan Africa mining sector (Africa)
21 May 2020
A lot has been said about the mining industry's current travails and what mining companies must do to survive. The question remains: what do we do after the lockdown? We find ourselves at another kairos moment in the World’s history - an important crossroads where we are afforded a brief opportunity to reflect on what a post-COVID-19 world should look like.
In this webinar, Patrick Leyden (Director, Herbert Smith Freehills) will moderate the discussion between Peter Leon (Partner and Co-chair of the Africa Practice Group, Herbert Smith Freehills), Fiona Perrott-Humphrey (Senior Mining Adviser, Rothschild) and Peter Attard Montalto (Director – Global Lead, Capital Markets Research, Intellidex) who will consider what the sub-Saharan Africa mining sector may look once the current lockdown period ends.
They will also indicate what steps sub-Saharan countries should take now to ensure that their mining sectors are placed on the correct trajectory to maximise future growth and development.
COVID-19: People: Mining-related legislation and instruments (Australia)
21 May 2020
The emergency measures taken by all levels of governments in Australia in response to the pandemic have had a pronounced impact on the mining industry. The mining industry has sought to respond quickly to protect the health of its employees and local communities. These steps are in response to (and often ahead of) emergency measures and lockdowns implemented by governments.
Please join Partners Graeme Johnson, Anna Creegan and Jacqui Wootton along with Senior Associate Mark Smyth as they discuss key issues and practical tips to keep front of mind when navigating the constantly evolving legislative environment of the Mining industry.
COVID-19: People: Psychological safety during COVID-19 (Australia)
20 May 2020
Danielle Kelly, our global Head of Diversity & Inclusion, interviews Sue O’Dea, Leadership Advisor with McKinsey & Company as well as with Cultivating Leadership, on how we can cultivate psychologically safe cultures not only now when many of us are working from home during the pandemic but also when we return to more “normal” ways of working.
COVID-19: Pressure points: Leading through crises (UK)
19 May 2020
This webinar coincides with the UK Mental Health Week and we are delighted to be joined by Dr Beverley Flint, a clinical psychologist and leading mental health and wellbeing specialist (Director, C&I Wellbeing), and John Flint (former Group CEO of HSBC).
Pressure points: Leading through crises – managing tension across the organisation and balancing employee wellbeing, will look at the challenges of leadership through crises and adapting responses to it at Board, senior leadership and managerial levels, whilst recognising the unique humanitarian challenges of Covid-19 on mental health and wellbeing.
Amongst other things, we shall consider key questions, including actions in relation to:
- mental health in the workplace - a clinical psychologist's perspective;
- accelerated change and transformation – potential pressure points;
- leadership in crises - lessons learnt and building a sustainable legacy; and
- performance versus stress - authenticity and truth.
This webinar will be chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills.
COVID-19: Sub-Saharan Africa: the dynamics that matter right now
14 May 2020
The challenges that countries in sub-Saharan Africa were dealing with prior to the outbreak of the COVID-19 pandemic have not disappeared and are continuing to alter the outlook in the region. This webinar will consider the trajectories of politics, industry and investment in sub-Saharan Africa amidst a climate of increasing debt levels, collapsing commodity prices and leadership struggles.
The webinar will be chaired by Martin Kavanagh, global co-head of Herbert Smith Freehills Africa Group, who will be joined by Darcie Allen, G3 Good Governance Group’s Head of Africa, as well as partners in Herbert Smith Freehills Africa Group, Peter Leon, Nina Bowyer, Bertrand Montembault and Calvin Ho.
COVID-19: People: The return to work strategy - protecting people and places (UK)
14 May 2020
People: The return to work strategy - protecting people and places, will look at the legal and practical considerations for employers and landlords as we exit the quarantine and prepare for the easing of lockdown restrictions across the UK and EMEA region. Amongst other things, we shall consider key questions, including actions in relation to:
- government requirements and practical recommendations to protect health and safety at work - how to implement the back to work strategy;
- the data protection implications of measures which may be implemented to facilitate the return to work (e.g. contact tracing apps, public/private data sharing, temperature testing);
- balancing risk and obligations - identifying potential pressure points;
- potential issues for employers and landlords putting in place measures which exceed recommended guidance; and
- reporting obligations.
The webinar will be chaired by Jeremy Walden, regional head of Herbert Smith Freehills' real estate practice (UK and EMEA), who will be joined by experts from Herbert Smith Freehills who will share their experience and insight.
COVID-19: Preparing businesses to return their people to work (Australia)
14 May 2020
Drew Pearson (Partner in our Employment, Industrial Relations and Safety team) is host to a panel of experts discussing preparing businesses to return their people to work. Nerida Jessup (Special Counsel in our Employment, Industrial Relations and Safety team) explores safety first – planning the transition back to the workplace. Catherine Pase (Senior Associate in our Employment, Industrial Relations and Safety team) discusses returning to the physical office - navigating ‘the new normal’ and Alan Peckham (our Chief Administrative Officer) closes with a real life case study – how HSF is approaching return to work.
COVID-19: Getting Into Flow During COVID-19 (Australia)
6 May 2020
Danielle Kelly (Global Head of Diversity & Inclusion) interviews Dr Chris Stevens on how we can cultivate a mindset which will best serve us not only during these challenging times but also as we navigate the future.
Dr Chris is a clinician and organisational psychologist whose PhD explored the connection between creativity, innovation and the state of mind which we commonly refer to as being “in flow”. Now, more than ever, people want to work for organisations where purpose and values are at the centre of their work. Dr Chris will talk about the link between purpose and flow and the freeing-up of discretionary effort and innovative practices that this enables.
COVID-19: Managing financial services regulatory and litigation risks beyond the COVID-19 crisis (Hong Kong and Singapore)
29 April 2020
Asia's financial services regulators, along with governments and central banks, are also taking measures – to maintain industry stability and market function, ensure operational and business continuity, identify risks and vulnerabilities, and maintain supervisory and regulatory activities. Hosted by our cross-practice panel of senior lawyers – William Hallatt, Gareth Thomas, Natalie Curtis and Tess Lumsdaine, this webinar covers the key priorities for senior management during and beyond the COVID-19 crisis, including:
- Senior management accountability – what don’t you know?
- Communications with regulators – what will they want to know?
- Client engagement – meeting your obligations and managing exposures
- Managing your people and keeping your culture on track
COVID-19: Managing Supply Chain Issues (Australia)
29 April 2020
Merryn Quayle (Partner in our Disputes team) is host to a panel of experts discussing how to manage supply chain issues. John Laing (Senior Expert, McKinsey) explores how businesses are coping with supply chain issues and what’s next, Kristin Stammer (Partner in our Corporate team) explores terms and products, Patrick Gay (Partner in our Competition team) discusses excessive pricing and ACCC relaxation of enforcement, and Nanda Lau (Partner in our Corporate team in China) looks at China, specifically shifting supply chains elsewhere and the state of China’s supply chain market.
COVID-19: Pressure points: EMEA government support, shifting sands (UK)
28 April 2020
Pressure points: EMEA government support, shifting sands, hosted jointly with Global Counsel, will amongst other things consider:
- European Commission policy developments;
- differences and similarities in approach between jurisdictions vis-à-vis business financing support and business tax reliefs; and
- future roadmap and lessons learnt - a new Marshall plan?
The webinar will be chaired by Paula Hodges QC, head of Herbert Smith Freehills' global arbitration practice, who will be joined by Tom White from Global Counsel and experts from Herbert Smith Freehills who will share their experience and views on these issues.
COVID-19 - People: Prioritising wellbeing
23 April 2020
People: prioritising wellbeing, will look at how we adapt to the impact of Coronavirus – longer periods of remote working, reduced physical and social contact with others and increasing uncertainty bring new opportunities, and unintended consequences for us as individuals and as teams in relation to culture, productivity and engagement.
We’ll be joined by Petra Velzeboer, psychotherapist and leading mental health consultant. Proactively looking after our wellbeing, and that of those around us is increasingly important.
This webinar will be chaired by Chris Parsons, partner and Chairman of the India practice, and a staunch advocate for mental health and wellbeing.
COVID-19 - Market Disclosure, Insurance and Class Actions (Australia)
22 April 2020
Carolyn Pugsley, Executive Partner, is host to a panel of experts discussing; market disclosure regarding COVID-19 and potential risk areas – by Timothy Stutt (Senior Associate in our Head Office Advisory team and Australian lead for our ESG practice), insurance – by Guy Narburgh (Special Counsel in our Commercial Litigation team), and Class actions – by Christine Tran (Senior Associate in our Commercial Litigation team).
COVID-19 - People: European perspectives (Europe)
21 April 2020
This is the seventh in our series of webinars covering the business challenges presented by the COVID-19 outbreak.
People: European perspectives, will look at a number of the key issues currently being faced by employers operating across EMEA, and the transition back to work. Among other things, we shall consider key questions for management, including in relation to:
- A summary of the employment protection measures taken across Europe and trends;
- Protecting the safety of the workforce and best practice for organising a transition back to work;
- Implications for the future of work;
- Initial considerations when planning workforce restructures and collective redundancies; and
- Any potential sanctions for breach of measures financed by Governments.
This webinar will be chaired by Emma Rohsler, Herbert Smith Freehills' regional head of practice (EMEA) for employment pensions and incentives, who will be joined by experts from Herbert Smith Freehills who will share their experience and views on these issues.
COVID-19 - Pressure points: Navigating foreign investment and merger control regimes (UK)
16 April 2020
This is the sixth in our series of webinars covering the business challenges presented by the COVID-19 outbreak.
Pressure points: Navigating foreign investment and merger control regimes, hosted jointly with Global Counsel, will amongst other things consider:
- Recent FDI regime changes and likely impact on cross-border M&A;
- Developing a global FDI strategy and communicating with the FDI agencies; and
- Navigating merger control regimes in the current climate.
The webinar will be chaired by Mark Bardell, a Herbert Smith Freehills' corporate partner, who will be joined by Gregor Irwin from Global Counsel and experts from Herbert Smith Freehills who will share their experience and views on these issues.
COVID-19: Tax and Employment Issues of JobKeeper Payment (Australia)
15 April 2020
Carolyn Pugsley, Executive Partner, is host to a panel of experts discussing the employment and tax issues associated with both claiming and administering JobKeeper. Panellists; Andrew Howe and Daniel Sydes (Partners of Greenwoods & Herbert Smith Freehills, our affiliated tax advisory firm) and Anna Creegan (Partner in our Employment, Industrial Relations and Safety team) explore how to determine if you are eligible for JobKeeper, claiming the benefit, flow-on tax consequences and implications of JobKeeper payments for employers.
COVID-19: Governance: Decision making, reporting and disclosure obligations (UK)
14 April 2020
This is the fifth in our series of webinars covering the business challenges presented by the COVID-19 outbreak.
Governance: Decision making, reporting and disclosure obligations will amongst other things consider:
- Board and governance response - immediate response, information flows and decision making;
- Market disclosures - ongoing disclosure obligations;
- Corporate reporting - form, substance and timing;
- Dividends and distributions - directors' duties, policies and regulator views;
- Shareholder meetings - practicalities and shareholder engagement; and
- Executive remuneration and share plans - pay reductions, share schemes and relevant institutional investor guidance.
The webinar will be chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills, who will be joined by experts from Herbert Smith Freehills who will share their experience and views on these issues.
COVID-19: Pressure points: Managing supply chain issues (UK)
9 April 2020
This is the fourth in our series of webinars covering the business challenges presented by the COVID-19 outbreak.
Pressure points: Supply chain difficulties, hosted jointly with Global Counsel, will amongst other things consider:
- addressing supplier and customer financial distress;
- competition law issues - pricing, relaxation of competition law rules, abuse of economic dependence;
- product-related issues arising from over demand or failure of supply chains; and
- suspension of performance and other contractual issues.
The webinar will be chaired by Paula Hodges QC, head of Herbert Smith Freehills' global arbitration practice, who will be joined by Tom White from Global Counsel and experts from Herbert Smith Freehills who will share their experience and views on these issues.
COVID-19: Regulatory uncertainties and contractual emergencies in the Italian energy markets (Italy)
9 April 2020
This webinar, held by Lorenzo Parola, Partner, Francesca Morra, Partner, Simone Egidi, Of Counsel and other lawyers of the energy and infrastructure team of Herbert Smith Freehills Milan Office, provides an overview of:
- the recent changes to the energy regulatory framework
- relevant competition law and state aid matters
- implications on the MAR and REMIT duties
- impact on permitting and authorisation procedures
- implications on contracts
- implications on financing transactions and finance documents
- new rules on company governance
- implications on M&A transactions
COVID-19: Impact of Regulatory Behaviour (Australia)
9 April 2020
Hosted by Merryn Quayle (Partner in our Disputes team), this session focuses on the behaviour of regulators and how it is impacting the following areas:
- Transactions – by Adam Charles (Partner in our Corporate team);
- Investigations, enforcement and the courts – by Hugh Paynter (Partner in our Disputes team); and
- Important JobKeeper scheme and Fair Work Act update - Shivchand Jhinku (Executive Counsel in our Employment, Industrial Relations and Safety team).
COVID-19: People: The challenges being faced (UK)
7 April 2020
This is the third in our series of webinars covering the business challenges presented by the COVID-19 outbreak.
People: The challenges being faced, will look at a number of the key issues currently being faced by UK employers, and the government support that may be available. Among other things, we shall consider key questions for management, including in relation to:
- handling employee sickness, holiday and self-isolation;
- the challenges around home working;
- government's Job Retention Scheme (including coverage for pension contributions); and
- collective redundancies and alternatives for cutting costs (including the scope for employers to reduce or defer pension contributions).
This webinar is chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills, who will be joined by expert colleagues who will share their experience and views on these issues.
COVID-19: Liquidity, Employment and Contracts (Australia)
1 April 2020
Carolyn Pugsley, Executive Partner, is host to a panel of Herbert Smith Freehills experts discussing the most important COVID-19 topics of the week. Paul Apathy, Partner in our Finance team, discusses the temporary changes to corporate insolvency laws, Drew Pearson, Partner in our Employment, Industrial Relations and Safety team, explores the JobKeeper Payment announcement and the latest employment implications of COVID-19, and Erin Wyeth, Partner in our Projects team, concludes with potential pressure points in contracts, including those in the force majeure and change in law regimes.
Carolyn Pugsley, Executive Partner, Herbert Smith Freehills LLP
Paul Apathy, Partner, Herbert Smith Freehills LLP
Drew Pearson, Partner, Herbert Smith Freehills LLP
Erin Wyeth, Partner, Herbert Smith Freehills LLP
COVID-19: Pressure points: Managing liquidity - government support (Global)
31 March 2020
We are pleased to invite you to the second in our series of webinars covering the business challenges presented by the COVID-19 outbreak.
Pressure points: Managing liquidity - government support, hosted jointly with Global Counsel, will look at the government support available to companies facing a liquidity crisis. Amongst other things, we shall consider key questions for management, including immediate actions in relation to:
- cutting costs and stabilising the business;
- drawing down under existing facilities;
- accessing government support packages; and
- State aid as an issue even in these extreme times.
The webinar will be chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills, who will be joined by Leo Ringer from Global Counsel and experts from Herbert Smith Freehills who will share their experience from past downturns and the current crisis.
James Palmer, Senior Partner, Herbert Smith Freehills LLP
Leo Ringer, Adviser, Global Counsel
Kevin Pullen, Partner, Herbert Smith Freehills LLP
Lode Van Den Hende, Partner, Herbert Smith Freehills LLP
COVID-19: People: Considerations for employers (Germany)
27 March 2020
EPI Partner Moritz Kunz and Senior Associate Tobias Brinkmann will provide our clients with a practical guide to some of the immediate key issues facing employers in Germany in the context of the current health crisis.
The webinar will cover the following aspects:
- Short-time work
- Self-declaration (health, recent travel etc.)
- Compensation for quarantined workers
- Data protection implications (health information)
COVID-19: Il punto sulle incertezze normative e le emergenze contrattuali nei mercati energetici (Italy)
27 Marzo 2020
Le scorse settimane hanno visto gli operatori dei mercati energetici impegnati a trovare soluzioni immediate a sfide mai affrontate in precedenza. Sul fronte legale l'interpretazione di norme non chiare ma immediatamente applicabili, un quadro regolatorio d’urgenza e la gestione di difficoltà nell'esecuzione dei contratti sono stati temi all'ordine del giorno.
Il webinar si propone, da un lato, di analizzare, attraverso l'intervento di esperti dell'industry, l'impatto sul settore energetico della pandemia e della volatilità dei mercati e, dall'altro, di mettere a fattor comune soluzioni pratiche ai primi problemi legali e contrattuali che si sono presentati agli operatori.
Salvatore Pinto, Chairman, Axpo Italia S.p.A.
Orazio Privitera, CEO, KEY to Energy
Pietro Bracco, Partner, PBL Studio Tributario
Lorenzo Parola, Partner, Herbert Smith Freehills LLP
Francesca Morra, Partner, Herbert Smith Freehills LLP
Simone Egidi, Of Counsel, Herbert Smith Freehills LLP
24 March 2020
We are acutely aware of the wide-ranging and serious effects of COVID-19. We are offering clients a series of weekly webinars discussing the major issues arising from the COVID-19 outbreak.
Our initial overview will outline the key issues affecting:
- People (including employment, health and safety and data privacy);
- Transactional situations (including M&A, supply chain and finance - strain, renegotiations, performance issues and disputes); and
- Governance (including information, meetings, decision-making, documents, execution, disclosure and record keeping).
This webinar is chaired by Stephen Wilkinson, Executive Partner and Joint Global Head of Practice - Corporate.
COVID-19: PANEL DISCUSSION - IMPACT ON BUSINESS (AUSTRALIA)
16 March 2020
Our COVID-19 panel session exploring the impact on business featured Dr Andrew Cuthbertson, Chief Scientific Officer and R&D Director at CSL, Damien Gance, Director at Chemist Warehouse and Hugh Falcon, Head of Capital Markets, Macquarie Group.
Herbert Smith Freehills experts, who have been advising on the legal implications of the emerging crisis, also provided insights into how COVID-19 could impact us in a number of areas:
Peter Holloway, Partner in our Disputes Group;
Jim Theodore, Partner in our Projects Group;
Martin MacDonald, Partner in our Banking Group; and
Julian Lincoln, Partner in our Technology, Media and Telecommunications Group.
COVID-19: The legal implications when the novel coronavirus impacts on the performance of a contract (ASIA)
12 March 2020
Many of you work on projects around the world, and it is increasingly apparent that even places which are so far unaffected by the COVID-19 outbreak may have supply chains disrupted by the unprecedented recent global shutdown following the outbreak in Wuhan, China.
Regardless of where you are in the world, COVID-19 has affected your life one way or another. Companies are now faced with having to deal with unexpected situations, which include an inability to travel, disruptions in the supply of materials, employees having to work from home or taking mandatory leave of absence as preventive measures against the further spread of the virus.
Craig Shepherd, Global Head of Contentious Construction and Infrastructure, Tokyo Office, Herbert Smith Freehills GJBJ
Andrew Raymond, Senior Associate, Dispute Resolution, Tokyo Office, Herbert Smith Freehills GJBJ
COVID-19: Doing business with China in the current trade war environment (ASIA)
11 March 2020
ACC-Northeast, together with Herbert Smith Freehills-Kewei, invite you to dial-in for this important webinar.
Doing business with China has become increasingly tricky for many in-house legal departments in the current trade war environment and with the recent coronavirus outbreak. The regulatory environment is as complex as it has ever been and now even more uncertain due to recent government, political, public interest intervention for foreign investors. Attend this webinar and hear from experts on practical strategies to help navigate these complicated problems.
James Robinson, Partner, Herbert Smith Freehills, New York
Nanda Lau, Partner, Shanghai, Herbert Smith Freehills LLP
Gavin Guo, Partner, Shanghai International Partner at Herbert Smith Freehills Kewei (FTZ)
Cathy Liu, Partner, Shanghai International Partner at Herbert Smith Freehills Kewei (FTZ)
Frances Xu, Partner, Shanghai International Partner at Herbert Smith Freehills Kewei (FTZ)
COVID-19: webinar - force majeure: Traps for the unwary (GLOBAL)
2 March 2020
A calm, cogent and objective analysis of contractual risk is crucial during the COVID-19 outbreak.
In this recorded webinar, Asia Head of Disputes Peter Godwin explains how force majeure may affect the performance of contractual obligations and offers "top tips" for companies in these unpredictable times.
The webinar covers:
- Key principles of force majeure under English Law
- Relying on English Law force majeure clauses
- Effect of a force majeure event
- Danger of invoking force majeure
- Is force majeure all you need to care about?
Speaker: Peter Godwin, Managing Partner, Kuala Lumpur and Head of Disputes, Asia
COVID-19: Employment issues arising from COVID-19: a regional view (Asia)
19 Feb 2020
All of us in the region have been closely watching the developments of COVID-19 day by day. As the situation unfolds, HR and inhouse legal teams are being challenged to respond to difficult and unanticipated scenarios. Join us for a live webinar as we discuss the legal and practical implications of COVID-19 in the workplace and how employers can best prepare.
Speaker: Fatim Jumabhoy, Partner
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2021