In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and 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 Wilkie Hollens.

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

- High Court finds developers did not owe duty to cryptoasset owners to enable access to lost cryptoassets https://hsfnotes.com/bankinglitigation/2022/04/19/high-court-finds-developers-did-not-owe-duty-to-cryptoasset-owners-to-enable-access-to-lost-cryptoassets/

- Court of Appeal finds Quincecare duty is not limited to corporate customers and can (in principle) extend to protecting individuals https://hsfnotes.com/bankinglitigation/2022/03/17/court-of-appeal-finds-quincecare-duty-is-not-limited-to-corporate-customers-and-can-in-principle-extend-to-protecting-individuals/

- Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholders https://hsfnotes.com/bankinglitigation/2021/08/11/privy-council-confirms-that-the-so-called-reflective-loss-principle-applies-to-ex-shareholders/

- High Court orders witness statements to be redrafted due to serious non-compliance with PD 57AC https://hsfnotes.com/litigation/2022/03/14/high-court-orders-witness-statements-to-be-redrafted-due-to-serious-non-compliance-with-pd-57ac/

- High Court orders banks to disclose documents under the Evidence (Proceedings in other Jurisdictions) Act 1975 https://hsfnotes.com/bankinglitigation/2022/03/08/high-court-orders-banks-to-disclose-documents-under-the-evidence-proceedings-in-other-jurisdictions-act-1975/

- Privy Council restatement of the law on freezing and other interim injunctions https://hsfnotes.com/litigation/2022/02/15/privy-council-restatement-of-the-law-on-freezing-and-other-interim-injunctions/

- UK: EAT orders party to disclose tribunal documents to the Press months after hearing https://hsfnotes.com/employment/2022/04/01/uk-eat-orders-party-to-disclose-tribunal-documents-to-the-press-months-after-hearing/

- Biannual Banking Litigation Update (Spring 2022) https://hsfnotes.com/bankinglitigation/2022/04/26/biannual-banking-litigation-update-spring-2022/

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

Please also find the Herbert Smith Freehills legal privilege web app. https://www.herbertsmithfreehills.com/latest-thinking/the-herbert-smith-freehills-legal-privilege-web-app

In our first episode of INside Asia M&A, host China corporate head Nanda Lau talks with Tokyo partner Joseph Fisher and Johannesburg ESG and natural resources law specialist Ernst Müller why ESG has become so important to dealmaking in Asia Pacific and how ESG issues are affecting M&A in the region this year.

Joe and Ernst share examples of ESG considerations changing the nature of M&A transactions and talk more broadly about the progress of ESG in Asia.

Lastly, we take a look at what lies ahead for ESG in the remainder of 2022 and beyond in Asia Pacific.

Visit our series here: https://www.herbertsmithfreehills.com/latest-thinking/inside-asia-ma

In our latest podcast we are joined by Tim Leaver, Partner and Dave Palmer, Senior Associate in our Employment team, who are discussing TUPE and why Real Estate sector clients need to consider this in their transactions. The conversation includes: What is TUPE; under what circumstances does it apply and what are the pitfalls in not considering TUPE early in a transaction.

Speakers: Sarah Lockwood, Senior Associate, Real Estate; Tim Leaver, Partner, Employment and David Palmer, Senior Associate, Employment

James Allsop (Tokyo) and Kathryn Sanger (Hong Kong) discuss the key issues arising out of their recent experience of contentious termination and expiry of distribution agreements, including utilising escalation steps in dispute resolution clauses, self-help remedies, interim-measures and brand protection.

Visit our series here: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions

This month Kristin Stammer spoke with Beck Barnett, General Counsel - Digital and Technology at Seven West Media, one of Australia’s leading media organisations. Beck discusses the progress in relation to gender inclusivity in the tech sector and opportunities to play a role and achieve change, including the importance of AI in reflecting gender diversity.

In this latest podcast from the Herbert Smith Freehills’ pension team, Mark Howard, Of Counsel, discusses the latest developments in the world of ESG with Head of Investment Proposition at Smart Pension, James Lawrence. In their conversation, Mark and James discuss:

• How Smart Pension is responding to investment in Russia after the invasion of Ukraine;

• How the trustees of the Smart Pension Master Trust are preparing for TCFD reporting;

• Smart Pension's partnership with Make My Money Matter; and

• Key developments we could be seeing over the next 18 months, both for Smart Pension and ESG investing more widely.

To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/

To view our other pensions podcasts, including the other podcasts in this series, click here: http://www.hsfnotes.com/pensions/?m=podcasts

If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.

Our Cross-Pollinate program is aimed at the leaders of the future, bringing together small groups of professionals across diverse industries, training and backgrounds to engage in small-group discussions on topics that matter.

Our inaugural panel discussion event held in our Sydney office on Wednesday 13 April, introduced by Amelia Burns (Solicitor, Disputes) featured Terry Davis (Chairman of Seven Group Holdings), Georgina Lalor (Co-Head of Equity Capital Markets at Macquarie Bank), with Drew Pearson (Partner, Employment) and Christine Wong (Partner, Disputes) from Herbert Smith Freehills.

Focusing on the resurgence of cartel enforcement by competition authorities as the COVID pandemic comes to an end (fingers crossed), Daniel Vowden, Adrian Brown, Agathe Esch and Pilar Carrasco discuss significant developments of key importance to businesses and their advisors. Topics covered in our latest episode include the use of innovative sanctions to punish and deter cartels, the re-emergence of dawn raids by authorities - including some first-hand, practical perspectives on adapted procedures applied during COVID - and the varying degrees of intervention witnessed in differing jurisdictions.

In episode 12, Emma and Rebekah discuss patent trolls, the traditional targets of patent trolling activity and the emergence of a new trend in the renewable energy space.

Peggy Chow and Kaman Tsoi discuss the latest regulatory trends and future directions including the use of third party tracing cookies, the overlap between privacy and competition, proposed new laws on targeted advertising and cookies in the EU, the US, Japan and Australia, facial recognition and less privacy intrusive alternatives such as contextual advertising and Google's new Topics API technology.

Visit our predictions: https://www.herbertsmithfreehills.com/insight/the-future-of-consumer-%E2%80%93-asia-pacific-predictions