In this latest podcast in our Pension Schemes Act 2021 Soundbite series, Senior Associate, Philip Lis from our restructuring and insolvency team, joins Professional Support Consultant, Tim Smith, to discuss the impact the new pensions criminal offences and regulatory sanctions are having on corporate restructuring and insolvencies where a company or group has a defined benefit (DB) pension fund.

In particular, Philip shares his views on:

• how the new offences and regulatory sanctions and the Pensions Regulator's guidance are likely to impact the approach to restructuring and insolvency processes

• what practical steps stakeholders can take to mitigate the risks associated with these new sanctions; and

• how these sanctions interact with directors' general legal duties.

For more analysis on how these new offences and regulatory sanctions may impact corporate activity check out:

• Our recent blog - New pensions criminal offences and regulatory sanctions now in force https://hsfnotes.com/pensions/2021/10/01/new-pensions-criminal-offences-and-regulatory-sanctions-now-in-force/

• Our UK Pensions Regulation https://www.herbertsmithfreehills.com/latest-thinking/hubs/uk-pension-regulation

Join Jojo Fan in Hong Kong, Benjamin Rubinstein in New York, Mark Smyth in Sydney and Sousan Gorji in London as they discuss greenwashing in the banking sector.

Read more insights in our Global Bank Review here: https://www.herbertsmithfreehills.com/insight/2021-global-bank-review-%E2%80%93-esg-creating-a-purposeful-future

In the CHRISTMAS SPECIAL edition of 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 Scott Warin.

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

- Supreme Court finds claim for compensation under data protection legislation cannot proceed on “opt-out basis” in high profile Lloyd v Google case https://hsfnotes.com/litigation/2021/11/10/supreme-court-finds-claim-for-compensation-under-data-protection-legislation-cannot-proceed-on-opt-out-basis-in-high-profile-lloyd-v-google-case/

- High Court upholds contractual terms setting out basis of relationship in dismissing breach of duty claim relating to introduction to third party investment schemes https://hsfnotes.com/bankinglitigation/2021/10/28/high-court-upholds-contractual-terms-setting-out-basis-of-relationship-in-dismissing-breach-of-duty-claim-relating-to-introduction-to-third-party-investment-schemes/

- High Court considers whether onerous term in standard terms incorporated by reference https://hsfnotes.com/bankinglitigation/2021/10/20/high-court-considers-whether-onerous-term-in-standard-terms-incorporated-by-reference/

- High Court considers implied terms and “failure of basis” in context of COVID-19 pandemic https://hsfnotes.com/bankinglitigation/2021/10/12/high-court-considers-implied-terms-and-failure-of-basis-in-context-of-covid-19-pandemic/

- COVID-19 market disclosures and managing the associated litigation risks https://hsfnotes.com/bankinglitigation/2021/10/21/covid-19-market-disclosures-and-managing-the-associated-litigation-risks/

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

Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Scott Warin (Associate)

Sustainability and Competition law: The 'usual suspects' and first mover disadvantage

Focusing on Sustainability and Competition Law, Marcel Nuys, Florian Huerkamp and Camille Puech-Baron explore a topic near to, if not at the top of the current competition law agenda. They highlight why this so-called 'hipster antitrust' is an increasingly important priority for competition authorities, as various jurisdictions try and find the balance between maintaining a competitive landscape and contributing to ambitious sustainability goals. Topics covered include how antitrust and sustainability cooperation may come into conflict, first mover disadvantage, the evolution of the role of competition law as an enabler rather than an obstacle to the development of green technologies and products, and other related aspects of the European Green Deal.

In this latest briefing, which was designed to help frame employers' thinking around hybrid working, our panel of experts explored employee sentiment for hybrid and blended working, and discussed some the key elements of a successful work-from-home strategy.

This podcast briefing is also available to watch as a video, which you can access here:https://www.herbertsmithfreehills.com/latest-thinking/australian-employment-industrial-relations-and-safety-webinars

In episode 8, Emma and Rebekah discuss non-human creators in different types of IP and a world first decision allowing AI to be an inventor of a patent.

In this 11th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence and relief from sanctions, and give a very brief update on the disclosure pilot. We also cover some decisions on jurisdiction and pleading foreign law, including an important Supreme Court decision, and finally we look at the Supreme Court's recent decision in Lloyd v Google which has significant implications for data class actions. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Amel Fenghour, a senior associate.

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

• High Court gives guidance on new requirements for trial witness statements https://hsfnotes.com/litigation/2021/10/25/high-court-gives-guidance-on-new-requirements-for-trial-witness-statements/

• Further guidance on new requirements for trial witness statements under Practice Direction 57AC https://hsfnotes.com/litigation/2021/11/22/further-guidance-on-new-requirements-for-trial-witness-statements-under-practice-direction-57ac/

• Court of Appeal refuses extension of time to plead dates of damage in claims arising out of oil spill, meaning some 28,000 claims cannot proceed https://hsfnotes.com/litigation/2021/11/08/court-of-appeal-refuses-extension-of-time-to-plead-dates-of-damage-in-claims-arising-out-of-oil-spill-meaning-some-28000-claims-cannot-proceed/

• Changes to Disclosure Pilot take effect today https://hsfnotes.com/litigation/2021/11/01/changes-to-disclosure-pilot-take-effect-today/

• Jurisdiction clause in insurance policy confers exclusive jurisdiction despite no express words to that effect https://hsfnotes.com/litigation/2021/10/27/jurisdiction-clause-in-insurance-policy-confers-exclusive-jurisdiction-despite-no-express-words-to-that-effect/

• High Court finds defendant did not submit to the jurisdiction by applying for strike out at the same time as challenging jurisdiction https://hsfnotes.com/litigation/2021/10/07/high-court-finds-defendant-did-not-submit-to-the-jurisdiction-by-applying-for-strike-out-at-the-same-time-as-challenging-jurisdiction/

• Supreme Court confirms wide interpretation of “damage” for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims https://hsfnotes.com/litigation/2021/10/21/supreme-court-confirms-wide-interpretation-of-damage-for-the-purposes-of-the-common-law-jurisdictional-gateway-for-tort-claims-and-clarifies-when-english-law-may-apply-to-foreign-law-claims/

• Supreme Court finds claim for compensation under data protection legislation cannot proceed on “opt-out basis” in high profile Lloyd v Google case https://hsfnotes.com/litigation/2021/11/10/supreme-court-finds-claim-for-compensation-under-data-protection-legislation-cannot-proceed-on-opt-out-basis-in-high-profile-lloyd-v-google-case/

Speakers: Anna Pertoldi, Partner https://www.herbertsmithfreehills.com/our-people/anna-pertoldi

Maura McIntosh, Professional Support https://www.herbertsmithfreehills.com/our-people/maura-mcintosh

Amel Fenghour, Senior Associate https://www.herbertsmithfreehills.com/our-people/amel-fenghour

As we enter dividend season Pensions Partner, Rachel Pinto, joins Professional Support Consultant, Tim Smith, to discuss how directors should approach decisions over the payment of dividends in light of the new pensions criminal offences and regulatory sanctions. In particular, Rachel shares her views on:

• what directors need to be aware of in terms of the Pensions Regulator's new powers this dividend season

• how this changes the way directors of companies and groups with DB schemes should approach decisions regarding the payment of dividends, and

• other circumstances in which directors need to be alive to these new offences and regulatory sanctions.

For more analysis on how these new offences and regulatory sanctions may impact corporate activity check out:

• our recent blog - New pensions criminal offences and regulatory sanctions now in force (https://hsfnotes.com/pensions/2021/10/01/new-pensions-criminal-offences-and-regulatory-sanctions-now-in-force/)

• our UK pensions regulatory hub (https://www.herbertsmithfreehills.com/latest-thinking/hubs/uk-pension-regulation).

In this episode, Tim and Mel are joined by expert third wheel guest, Lewis McDonald, Global Head of Energy for Herbert Smith Freehills. Fresh from presenting at the 12th Annual Sustainable Innovation Forum (SIF) which took place alongside COP26 in Glasgow, Lewis observes the number of zeros committed to net zero, at least $133 trillion as announced by Mark Carney’s Glasgow Financial Alliance. He asserts that the real challenge is creating enough investable net zero projects for the money – through a public / private blend of government support to achieve scale and efficiencies, and the legal mechanisms to make novel projects work.

Asia Head of Competition Adelaide Luke and Tokyo senior associate Joel Rheuben discuss the increasingly significant role that data plays in merger control analysis by competition authorities worldwide. Analysis of data as a factor of competition is being examined not only in deals involving large digital platforms, but also in more traditional sectors, as companies seek to monetise data they produce and use data analytics to gain an edge over their competitors. However, the unique characteristics of data create challenges when considering it through a conventional competition law lens.