Herbert Smith Freehills Kramer Podcasts

Hosted by Herbert Smith Freehills Kramer Podcasts

Business

Website RSS feed

Episodes

500

Latest episode

Aug 2026

Language

About the show

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

Listen to episodes

60 recent

August 28, 202619 min

Deal Talk EP9: The Star Decision: Lessons for dealmakers

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.

August 20, 202621 min

The Employment Rights Act 2025: Changes to fire and rehire – key actions for employers

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.

August 20, 202638 min

Deal Talk EP8: Private M&A in 2026: What the data tells us

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.

August 18, 202630 min

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.

August 17, 202623 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)…

August 13, 202644 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.

August 5, 202620 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.

August 4, 202627 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

August 3, 202618 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。

July 30, 202623 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.