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.

In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Nic Patmore.

You can find links to our blog posts on the cases covered in this podcast below:

- Court of Appeal upholds High Court contractual construction of CLO transaction https://hsfnotes.com/bankinglitigation/2020/05/01/court-of-appeal-upholds-high-court-contractual-construction-of-clo-transaction/

- High Court finds in favour of novel duty of care on employers (or quasi-employers) to protect against economic loss by providing an "ethically safe" work environment https://hsfnotes.com/bankinglitigation/2020/05/07/high-court-finds-in-favour-of-novel-duty-of-care-on-employers-or-quasi-employers-to-protect-against-economic-loss-by-providing-an-ethically-safe-work-environment/

- High Court declines to adjourn five-week trial due to COVID-19 pressures https://hsfnotes.com/litigation/2020/04/15/high-court-declines-to-adjourn-five-week-trial-due-to-covid-19-pressures/

- High Court refuses to set aside or vary disclosure order despite risk of foreign criminal or regulatory sanctions https://hsfnotes.com/bankinglitigation/2020/05/20/high-court-refuses-to-set-aside-or-vary-disclosure-order-despite-risk-of-foreign-criminal-or-regulatory-sanctions/

- Competing class actions in the Competition Appeal Tribunal: no preliminary ruling on carriage issue https://hsfnotes.com/litigation/2020/05/04/competing-class-actions-in-the-competition-appeal-tribunal-no-preliminary-ruling-on-carriage-issue/

Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

David Barry gives his views on the key differences for experts between construction arbitration and litigation

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.

In the tenth episode of our Private Wealth and Charities podcast series, Richard Norridge, and Elena Hogg discuss the results of our Trust Companies Survey. As our countdown continues, and we reach the podium of the most significant risks our respondents face, we explore the cyber security risks faced by trust companies.

Our Private Wealth and Trust Disputes blog is available here. https://hsfnotes.com/pwtd/

You can find out more about or Private Wealth and Charities offering here https://www.herbertsmithfreehills.com/our-expertise/services/private-wealth-and-charities, and our Cyber and Data Security offering here. https://www.herbertsmithfreehills.com/our-expertise/services/cyber-and-data-security

Speakers: Richard Norridge, Elena Hogg

Note: This is an audio recording of a live webinar in our series of webinars covering the business challenges presented by the COVID-19 outbreak. To watch the webinar on demand and access the resource materials, please visit our dedicated COVID-19: Webinar Series (Global) page. https://www.herbertsmithfreehills.com/latest-thinking/covid-19-webinar-series-global

This episode 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).

This episode looks 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 consider key questions, including actions in relation to:

- Mental health in the workplace – a clinical psychologists 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 episode is chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills.

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.

In this podcast, Sarah Pollock, Emma Schaafsma and Julie Farley consider the force majeure implications of a potential second wave of COVID-19 infections and the resulting re-imposition or tightening of lockdown measures.

Many contracting parties have already been affected by force majeure events arising out of the pandemic and the associated restrictions. As the focus starts to shift toward the gradual easing of lockdown measures, those parties who have claimed force majeure relief will be preparing to resume performance as soon as the impact of the force majeure event comes to an end. However, it is also important for contracting parties to prepare for any second wave force majeure situation, and the podcast will share some practical tips of actions that can be taken.

David Barry gives his views on the key trends and developments for experts in construction dispute resolution

In the ninth episode of our Private Wealth and Charities podcast series, Richard Norridge, and Nick Clayton discuss the results of our Trust Companies Survey. As our countdown of the most significant risks trust companies face continues, we explore the tax risks faced by the respondents to our survey.

Our Private Wealth and Trust Disputes blog is available here: https://hsfnotes.com/pwtd/

You can find the recent blog postings mentioned in the podcast here: https://hsfnotes.com/litigation/2020/05/14/unjust-enrichment-high-court-finds-claimant-entitled-to-restitution-of-the-value-of-services-provided-in-anticipation-of-a-contract/ and here: https://hsfnotes.com/pwtd/2020/03/24/hmrc-guidance-on-statutory-residence-test-and-covid-19/.

You can find out more about or Private Wealth and Charities offering here: https://www.herbertsmithfreehills.com/our-expertise/services/private-wealth-and-charities, and our Tax Disputes offering here: https://www.herbertsmithfreehills.com/our-expertise/services/tax-investigations-and-disputes.

Speakers: Richard Norridge and Nick Clayton