Herbert Smith Freehills Podcasts

Tim Stutt and Isabella Kelly are joined by Aaron White and Adrian Wong to discuss the soaring demand for data centres and the importance of identifying and managing ESG issues in their development and operation. Adrian provides insights on how generative AI is driving the demand for data services, the development hotspots, and the policy and regulatory levers to encourage investment. Aaron highlights the sustainability challenges that come with the growth in data centres and how they are being addressed across the market. This episode explores the need to manage these issues responsibly and raises intriguing questions: Could nuclear energy be part of the solution? How can sustainability be factored into building siting and design? What role could AI play in responding to these challenges?

For more, read our insight Data Centres: Global perspective on key issues: https://www.herbertsmithfreehills.com/insights/2024-07/data-centres-global-perspectives-on-key-issues

Data protection specialist Duc Tran joins us to talk through data issues for pension schemes. We look at the ICO's TikTok ruling and its implications for privacy notices; data protection proposals in the King's Speech; and points to consider around the advent of AI.

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

In this Espresso Pod, we discuss what is, and what could be, coming down the track in the world of AI regulation and, in particular, the regulation of the use of AI in the workplace. For this episode, Tim Leaver (Partner) and Sian McKinley (Of Counsel) are joined by Dee Masters, AI & Discrimination barrister at Cloisters chambers, co-founder of the AI Law Consultancy, and recently awarded Employment Junior of the Year at the Legal 500 Bar Awards (2024).

If after today's discussion you are keen to know even more about the equalities and employment issues linked to the use of AI and technology, you can still access the recordings of:

• HSF's Emerging Tech Academy https://insights.hsf.com/emerging-tech-academy/p/1

• Our regional comparison of AI in the workplace (webinar) https://www.herbertsmithfreehills.com/insights/2024-01/webinar-words-of-warning-for-employers

If you are looking for some more in-depth information and analysis about other upcoming employment changes under this Labour government, here are some of the resources that our team has developed for our clients:

Our three-part mini-series on the anticipated legislative changes under the new Labour Government, in which Sian, Tim and Peter Frost (Consultant) explored some of the key developments in employment rights that will likely be coming down the line:

• Episode 1: https://soundcloud.com/herbert-smith-freehills/employment-espresso-pods-labours-proposals-part-1?in=herbert-smith-freehills/sets/employment-espresso-pods&si=111a96f2779c4e59afae80564f4a04b6&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing

• Episode 2: https://soundcloud.com/herbert-smith-freehills/employment-espresso-pods-labours-proposals-part-2?in=herbert-smith-freehills/sets/employment-espresso-pods&si=5b958325e4224844953b257bf03e4679&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing

• Episode 3: https://soundcloud.com/herbert-smith-freehills/employment-espresso-pod-labours-proposals-part-3?in=herbert-smith-freehills/sets/employment-espresso-pods&si=cc1544bcf545472e9bbd46a6c043f838&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing

Our blog posts on:

• the key employment law reform proposals within the Labour Manifesto; and https://www.herbertsmithfreehills.com/notes/employment/2024-posts/UK--Labour-Manifesto-confirms-key-employment-law-reform-proposals

• the bills included in the King's Speech to implement New Deal for workers https://www.herbertsmithfreehills.com/notes/employment/2024-posts/UK-King-s-speech

In this 27th episode of our series of commercial litigation update podcasts, we give updates on new legislative provisions relating to retained EU law, a decision refusing to allow a case to proceed as an "opt-out" representative actions under CPR 19.8, and a recent case that shows what can happen when parties disregard the rules on the preparation of trial witness statements. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Rachel Lidgate, a disputes partner, and John Lee, a senior associate in our disputes team.

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

• Retained EU law (or "assimilated law"): New rules on interpretation and new reference procedures from 1 October https://www.herbertsmithfreehills.com/notes/litigation/2024-09/retained-eu-law-(or--assimilated-law-)--new-rules-on-interpretation-and-new-reference-procedures-from-1-october

• Representative actions under CPR 19.8: High Court strikes out claim for compensation on behalf of passengers in 116,000 delayed or cancelled flights https://www.herbertsmithfreehills.com/notes/litigation/2024-09/Representative-actions-high-court-strikes-out-claim-for-compensation-on-behalf-of-passengers-in-116,000-delayed-or-cancelled-flights

• Trial witness statements: High Court decisions highlight importance of compliance with Practice Direction 57AC https://www.herbertsmithfreehills.com/notes/litigation/2024-09/trial-witness-statements--high-court-decisions-highlight-importance-of-compliance-with-practice-direction-57ac

In this episode, we discuss how overseas investors can protect their investments through the use of investment treaties. We explore the importance of treaty protection in the face of increasing political and regulatory risks, and explain the substantive protections and dispute resolution mechanisms which investment treaties afford.

在本集播客节目中，我们讨论境外投资者如何通过投资协定来保护他们的投资。我们探讨在政治和监管风险日益增加的情况下，投资协定保护的重要性，并解释了投资条约提供的实质性保护和争端解决机制。

Speakers: Ye Weina (Partner, Herbert Smith Freehills Kewei Joint Operation), Gerald Leong (Senior Associate, International Arbitration, London), Nicole Jiang (Associate, Herbert Smith Freehills Kewei Joint Operation)

主讲人：叶微娜 (合伙人, 科伟史密夫斐尔联营办公室), Gerald 梁伟强 （伦敦办公室国际仲裁部资深律师），江晨艺 （科伟史密夫斐尔联营办公室律师）

Tony Damian and Andrew Rich discuss the proposed new ACCC merger notification thresholds with competition partner, Patrick Gay.

In this special edition dispute resolution podcast, we take a practical look at what the UK government's recent ratification of the Hague 2019 Judgments Convention means for in-house counsel choosing between litigation and arbitration for an English law governed contract.

The episode draws together the hosts of three of our HSF podcasts – Vanessa Naish and Liz Kantor (arbitration), Maura McIntosh (commercial litigation) and Ceri Morgan (banking litigation) – to discuss the benefits Hague 2019 will bring to the enforcement of English judgments, how that compares to the enforcement position for arbitration awards, and the various factors that need to be weighed in the balance when choosing dispute resolution options.

Commercial litigation podcast series – Episode 25: Special edition on the Hague Judgments Convention 2019

https://www.herbertsmithfreehills.com/notes/litigation/2024-06/commercial-litigation-podcast-series-episode-25-special-edition-on-the-hague-judgments-convention-2019

The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution

https://www.herbertsmithfreehills.com/notes/litigation/2024-06/the-hague-2019-cudgments-convention-bolstering-the-uks-position-as-a-jurisdiction-of-choice-for-international-dispute-resolution

Under the so-called identification doctrine, companies could previously only be held criminally liable for a criminal offence requiring a particular mental state (e.g. knowledge, dishonesty etc.) if the mental state of a person representing the company's "directing mind and will" could be attributed to the company. In response to suggestions that the doctrine did not adequately deal with the realities of corporate structures, making it disproportionately difficult to prosecute large organisations for wrongdoing committed by their employees, Parliament enacted the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), which introduced a new statutory route to attributing criminal liability to a corporate. Under new provisions which came into force in December 2023, a corporate can be liable where a ‘senior manager’, acting with their actual or apparent authority, commits a listed economic crime offence. In this episode, Elizabeth Head, Eamon McCarthy-Keen, and Jessica Chappatte discuss the background to the reforms, the new provisions of the ECCTA 2023, and the implications for businesses of this expanded route to corporate criminal liability.

You can also read our briefing on this topic, which is available on our blog: https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2023-06/further-uk-corporate-criminal-liability-reform-corporates-may-be-liable-for-actions-of-senior-managers

In episode 26, Emma and Rebekah are joined by Sarah Henkes-Younger to talk about whether IP rights subsist in material created by generated AI and discuss the famous Thaler patent litigation brought in numerous jurisdictions.

C&I Disputes Partners Dan Dragovic and Michael Lake discuss the much-anticipated decision in Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 where the High Court of Australia confirms proportionate liability regimes can be applied in arbitration.

Join Dan and Michael as they discuss the decision and its practical implications.