Herbert Smith Freehills Kramer Podcasts

This is the fourth 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 UKJT’s statement on liability for AI harms, the SRA’s recent warning notice on AI and the first case from the Solicitors Disciplinary Tribunal where a lawyer has been struck off for misuse of AI. This episode is hosted by Camilla Macpherson, a knowledge lawyer in our disputes team, who is joined by Emma Deas, a partner in our banking litigation team and Will Glassey, a partner in our disputes practice with a focus on professional negligence and professional disciplinary claims.

Below you can find links to our blog posts on the developments and cases covered in this podcast.

• UK Jurisdiction Taskforce publishes final legal statement on liability for AI harms https://www.hsfkramer.com/notes/litigation/2026-07/uk-jurisdiction-taskforce-publishes-final-legal-statement-on-liability-for-ai-harms

• Solicitors Regulation Authority issues a Warning Notice on the misuse of AI https://www.hsfkramer.com/notes/insurance/2026-posts/solicitors-regulation-authority-issues-a-warning-notice-on-the-misuse-of-ai

• Lawyer struck off in first disciplinary case on AI misuse https://www.hsfkramer.com/notes/insurance/2026-posts/lawyer-struck-off-in-first-disciplinary-case-on-ai-misuse

Welcome to Cross Examining Cyber, a podcast brought to you by Herbert Smith Freehills Kramer. In this series, we speak with leading cyber practitioners, business leaders and policymakers about the issues shaping today's cyber landscape, from emerging threats and regulatory developments to governance, resilience, and security strategy.

In this episode, we cross-examine Charles Carmakal, Chief Technology Officer of Google Cloud Mandiant Consulting and one of the world's most respected cyber security and threat intelligence experts. Over the course of his career, Charles has been at the forefront of investigating some of the most significant cyber incidents and nation-state campaigns impacting governments and organisations around the globe. His insights are widely sought after by boards, executives and security leaders navigating an increasingly volatile threat environment.

In this conversation, Charles shares his views on the growing intersection between geopolitics and cyber risk, and how global instability is reshaping the threat landscape for organisations of every size. Drawing on his extensive incident response and threat intelligence experience, he discusses the motivations and tactics of today's threat actors, the challenges of operating in an era of heightened geopolitical tension, and the practical steps organisations can take to improve their resilience.

Charles also reflects on the reality that many successful cyber intrusions still begin with surprisingly simple techniques. From social engineering to physical security failures such as tailgating, he explains why organisations must remain focused on cyber fundamentals even as the threat landscape becomes more sophisticated and complex.

This episode provides a fascinating perspective from one of the industry's leading voices on the threats shaping the future of cyber security and what leaders should be thinking about today to prepare for tomorrow.

Thanks again for listening. This is Cross Examining Charles Carmakal. Here we go...

In this episode we explore a challenge that receives far less attention than AI: how organisations identify and collect data in an increasingly fragmented communications landscape.

From disappearing messages and encrypted devices to AI-generated transcripts and summaries, our speakers, Stephanie Barrett, David Beck, and Danbee Kim explore what happens when the volume of data, communication channels and information sources expand faster than an organisations' ability to keep track of them.

The episode highlights a simple but important message: before organisations can unlock value from AI, they must first understand where their data lives, how to collect it, and whether it is fit for analysis. Good governance, clear policies, and a robust collection strategy remain the foundation of any successful data and AI programme.

In this episode, partners Jason Betts and Anna Sutherland speak with the Honourable Justice Wigney of the Federal Court of Australia, one of Australia's most experienced judges in complex commercial litigation and representative proceedings, about the growing complexity of modern litigation and its implications for courts, practitioners and clients.

They discuss the rise of sprawling commercial cases, the challenges of electronic trials and vast volumes of evidence, and what judges find most effective in written and oral advocacy. The conversation also explores the use of expert evidence, the scrutiny of class action settlements, litigation funding and legal costs, before concluding with Justice Wigney's perspectives on the opportunities and limitations of AI in legal practice.

This is the 39th episode of our series of commercial litigation update podcasts. In this episode we discuss an interesting decision on privilege and company directors, some important client resources on ADR and a couple of significant contract law decisions, on termination and the recovery of loss-of-bargain damages and force majeure. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Alexander Oddy, a disputes partner, and James Robson, an of counsel in our disputes team.

Below you can find links to our blog posts on some of the developments and cases covered in this podcast.

• New third edition of our leading textbook Class Actions in England and Wales https://www.hsfkramer.com/notes/litigation/2026-09/new-third-edition-of-our-leading-textbook-class-actions-in-england-and-wales

• 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

• High Court decision underlines need for investor-appointed directors to think carefully before disclosing the company's privileged material https://www.hsfkramer.com/notes/litigation/2026-08/high-court-decision-underlines-need-for-investor-appointed-directors-to-think-carefully-before-disclosing-the-companys-privileged-material

• Herbert Smith Freehills Kramer relaunches ADR Practical Guides and Conflict Management Toolkit https://www.hsfkramer.com/notes/adr/2026-posts/herbert-smith-freehills-kramer-relaunches-adr-practical-guides-and-conflict-management-toolkit

• Supreme Court confirms award of loss of bargain damages following termination for non-repudiatory breach under express contractual provision https://www.hsfkramer.com/notes/litigation/2026-08/supreme-court-confirms-award-of-loss-of-bargain-damages-following-termination-for-non-repudiatory-breach-under-express-contractual-provision

• High Court clarifies meaning of “unforeseeable” in force majeure clause https://www.hsfkramer.com/notes/litigation/2026-08/high-court-clarifies-meaning-of-unforeseeable-in-force-majeure-clause

Link to episode transcript: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep39-transcript.pdf

In this episode of Inside Employment, Tony Wood, Natalie Gaspar and Lucy Boyd unpack the Federal Government’s proposed reforms to non-compete and restraint of trade laws, recently released in exposure draft form. The proposed changes would significantly reshape the use and enforceability of non-compete and non-solicitation clauses across Australia.

Tony, Natalie and Lucy discuss the key elements of the proposed reforms, including the ban on non-competes for employees below the high-income threshold, the prohibition on employee non-solicitation clauses, the new enforcement framework for higher income earners, and what the changes could mean for employers and workforce mobility.

With consultation now underway, this episode provides a timely overview of one of the most significant proposed changes to Australian employment law in recent years.

In this episode David Beck, Casey Ballard and Uchi Jayawardhena tackle one of the biggest barriers to successful AI adoption: poor data foundations. They explore why data disorganisation, fragmentation and inconsistent governance continue to undermine business processes, long before GenAI enters the picture.

With each speaker coming at the problem from a slightly different angle, they examine why even the most advanced technology cannot compensate for poor-quality data. They discuss the myths that hold organisations back, the risks of relying on technology to solve underlying data issues, and the practical steps businesses can take to move from data chaos to data clarity.

The episode highlights how strong data foundations enable better decision-making, lower risk, more effective technology adoption and more reliable AI outcomes. Ultimately, the message is simple: if you want AI to deliver value, you need to start with the data.

In this episode of On Just Terms partners Jason Betts and Melissa Gladstone speak with Professor Anthea Roberts, ANU Professor and leading scholar at the intersection of law, technology and global risk, about what it takes to work effectively with AI.

They discuss why lawyers may be uniquely positioned to thrive in the AI era, how multi-agent AI systems can tackle complex interdisciplinary challenges, and the growing importance of AI literacy for knowledge workers. The conversation also explores Professor Roberts' Risk-Reward-Resilience framework and what organisations can do to build long-term adaptability in a rapidly changing world.

In this episode of Tax Bites, Toby Eggleston and Mark Peters unpack the Victorian and New South Wales ISPT landholder-duty decisions. They examine how a staged acquisition of a widely held property trust produced a substantially higher duty liability than ISPT argued for.

The discussion highlights why transaction sequencing, thresholds, entity status and jurisdiction-specific rules must be assessed together when structuring acquisitions of interests in landholding trusts and companies.

More detail in our tax note here: https://www.hsfkramer.com/notes/taxaustralia/2026-posts/decision-alert-prior-acquisition-in-a-public-landholder-not-disregarded-where-a-subsequent-acquisition-occurs

In this episode, we continue our director series with part two of our cross examination of Catherine Brenner and John Mullen. In our last episode, we left you on a cliffhanger. We now pick up where we left off. We also discussed the value in good communications, the human factor in cyber incident response, a values-led approach as compared with a compliance-led approach, AI, of course, and board simulations. This is Cross-Examining Cyber. It's part of our director series, the cross-examination of Catherine Brenner and John Mullen, part two. Here we go.