Cyber risk is a major issue for pension schemes. Antonia Pegden, a commercial disputes lawyer at HSF who focuses on insurance, pensions, and professional negligence, joins The Pensions Exchange to discuss cybersecurity. We consider the steps which trustees should take, to guard against cyber attacks and to be ready should the worst occur.

You can follow our latest thinking on our UK pensions blog https://www.herbertsmithfreehills.com/notes/pensions and Cyber and Data Security blog https://www.herbertsmithfreehills.com/notes/cybersecurity

Speakers: Antonia Pegden, Partner and Richard Evans, Professional Support Lawyer

While Artificial Intelligence has been a part of our technological landscape for years, it is getting a lot of attention thanks to the rise of Generative AI, which has captivated the public’s imagination.

Director of Generative AI, Susannah Wilkinson is joined by Professor Nicholas Davis, Co-Director at the UTS Human Technology Institute and Anna Gudkov, Senior Policy Advisor at the Australian Institute of Company Directors to get their insights on how directors can navigate AI responsibly.

Read our key takeaways: https://www.herbertsmithfreehills.com/insights/2024-12/ai-governance-practical-tips-for-directors-to-take-into-their-next-board-meeting

This session was recorded on 12 September 2024.

In this episode, we explore some of the current talking points for policyholders in the energy sector which were explored at a session we co-hosted with Airmic (the UK association of Insurance and Risk) at the Onshore Energy Conference in London in November 2024:

• LEG clauses – which we cover in detail in Episode 1 of Insurance Bites https://soundcloud.com/herbert-smith-freehills/insurance-bites-ep1

• A recently certified competition case – Spottiswoode v Nexans France SAS & others [2024] CAT 31

• The first case on section 11 of the Insurance Act - MOK Petro Energy FZC v Argo [2024] EWHC 1935 (Comm)

• PFAS or "forever chemicals"

Heat networks have a crucial role in decarbonising the supply of heat in urban areas and are undergoing a major transformation as the Energy Act 2023 put in place a framework for the regulation of heat networks as well as for heat network zoning.

In this episode, David Evans, Gabrielle Coppack, Kate Laidlow-Singh and Chloe Taylor explore: (i) how the forthcoming regulations, which will implement the regulation of heat networks and heat network zoning, will impact real estate investors and developers; and (ii) what real estate investors and developers should be doing now to prepare ahead of these regulations coming into force.

When launching its General Code of Practice, The Pensions Regulator laid down a challenge for trustees: they should take the opportunity to ensure that their scheme is "fit for the 21st century". What changes may trustees need to make in the light of the Code? And, faced with a document which runs to 170 pages, where should they start? Trustee adviser Caroline Curran joins us to discuss.

Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe

This podcast explores how ESG is impacting both the UK and wider EMEA real estate investment market – firstly looking at a fund level and then considering the impact on different sectors (including office, data centres, industrial and logistics).

In this episode of Inside IR, Natalie Gaspar and Adam Ray discuss the impact of generative AI on industrial relations and bargaining. They explore how AI technologies, particularly generative AI, are transforming workplaces by performing tasks that typically require human input, such as content creation and decision-making. The episode delves into the responses from Australian unions, including the ACTU's formal policy on AI, which emphasises the need for genuine consultation, transparency, and clearly defined responsibilities and liability. They also discuss the potential for AI to enhance job efficiency and the importance of training employees to use these technologies effectively. The conversation highlights the evolving landscape of industrial relations in the face of rapid technological advancements, the implications for job security and workplace management, and how AI-related claims might be approached in bargaining.

In this 28th episode of our series of commercial litigation update podcasts, we give updates on developments relating to representative actions and litigation funding, a couple of interesting contract law cases, on waiver of contractual rights to terminate and the interplay between a liability cap and set-off, and a Court of Appeal decision relating to liability for secret commissions in the motor finance context, which has potentially broader implications. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by James Farrell, a disputes partner, and Nic Patmore, a senior associate in our disputes team.

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

• Representative actions under CPR 19.8: Settlement means key questions on funding and damages will have to waithttps://www.herbertsmithfreehills.com/notes/litigation/2024-10/representative-actions-under-cpr-19-8-settlement-means-key-questions-on-funding-and-damages-will-have-to-wait

• Civil Justice Council publishes Interim Report and Consultation on Litigation Funding https://www.herbertsmithfreehills.com/notes/litigation/2024-10/civil-justice-council-publishes-interim-report-and-consultation-on-litigation-funding

• High Court finds party did not waive contractual right to terminate despite continuing to perform contract for six months https://www.herbertsmithfreehills.com/notes/litigation/2024-11/high-court-finds-party-did-not-waive-contractual-right-to-terminate-despite-continuing-to-perform-contract-for-six-months

• Court of Appeal finds contractual cap had to be applied to each party's liability before set-off %09https:/www.herbertsmithfreehills.com/notes/litigation/2024-11/court-of-appeal-finds-contractual-cap-had-to-be-applied-to-each-party-s-liability-before-set-off

• Court of Appeal finds lenders liable in motor finance broker commission cases https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/Court-of-Appeal-finds-lender-liable-in-motor-finance-broker-commission-cases-

Our experts unpack some of the critical legal considerations to navigate the complexities of AI-related issues and disputes. The discussion touches on the current and future legal framework, some of the regulatory, enforcement and litigation risks associated with the use of AI including IP, AI washing, data and privacy, and consideration of how to insure against those risks.

In this episode of Going for Green on Real Estate Transactions, Nick Hew, a senior associate in the Real Estate practice at Herbert Smith Freehills, is joined by Carolyn Milligan, a partner in the same group, and Neal Scambler, a Corporate Real Estate Advisor. They discuss the current market trends and some of the key considerations regarding green lease provisions and how landlords and tenants can seek to achieve their ESG objectives by including tailored green lease provisions.