Deal Talk EP7: Standstills, strategy and Takeovers Panel scrutiny

In this sixth episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, focus on the changes to fire and rehire law due to come into force in January 2027. These reforms will make it significantly more difficult and expensive to force through changes to core terms of employment, as well as having some other, perhaps unintended, implications for business strategy in relation to restructuring, post-acquisition harmonisation and outsourcing. We discuss the changes and steps employers should take now to prepare.

In this episode of Defining Matters, partners Kam Jamshidi and Matt FitzGerald unpack the key findings from HSF Kramer’s exclusive Private M&A Dealmakers Report 2026, analysing approx. 60 private M&A transactions completed over the past year. Key topics include: • The return of billion-dollar deals • Why bilateral deals are dominating sale processes • MAC clauses and transaction certainty • Regulatory trends across FIRB and ACCC approvals • The rise of lockboxes and alternative pricing structures • New liquidity pathways for private capital • Predictions for the year ahead A practical discussion on the trends, tactics and market dynamics shaping Australia's private M&A landscape.

As enterprise bargaining becomes increasingly complex, many organisations are rethinking how they prepare for negotiations. In part 1 of our latest episode of Inside IR, industrial relations partner Rohan Doyle and Melbourne Business School Professor Jennifer Overbeck explore the changing enterprise bargaining landscape, the shifting balance of bargaining power, the role of identity and trust in negotiations, and practical strategies organisations can use to prepare for bargaining more effectively.

Welcome to Cross Examining Cyber, a podcast brought to you by Herbert Smith Freehills Kramer. In this podcast, we look to speak to individuals across the industry who are at the coalface of our cyber incident response. In this particular series, we're taking a slightly different slant, we're going out and speaking to our top directors to talk about governance, how to be a good director during a cyber crisis, and what it means to be a director in an everchanging digital world. In this episode, we are joined by Catherine Brenner and John Mullen, two of our most distinguished Chairs. We talk about good governance, what it takes to be a good chair during a crisis, whether we need deep cyber expertise on the board and first-hand experience in cyber incident response. The discussion was so good, we’ve divided it in two. Here’s Cross Examining Catherine Brenner and John Mullen (Part 1)…

In this episode of On Just Terms, partners Jason Betts and Melissa Gladstone are joined by Professor Vince Morabito, one of Australia's leading empirical researchers on class actions. Drawing on decades of data, Professor Morabito explores common misconceptions about the class action system, the factors driving filing rates, and the impact of Victoria's group costs order regime. He also discusses concerns about rising GCO rates, assesses whether access to justice objectives are being achieved, and shares his views on key areas for reform, including competing class actions, class closure mechanisms, and the potential role of a public litigation fund.

In this episode of Defining Matters, partners Kam Jamshidi and Simon Walker unpack one of the most important and frequently negotiated provisions in public M&A transactions: standstills. Using notable Takeovers Panel decisions, including Diatreme/Metallica and International All Sports, Kam and Simon explore the commercial and legal tensions that arise between bidders seeking flexibility and targets seeking protection. Key topics include: • The role and purpose of standstills in public M&A • How bidders and targets approach key negotiating points • The importance of due diligence access and information-sharing • What recent Takeovers Panel decisions mean for dealmakers • Why parties should not expect the Panel to rewrite a bargain once it has been struck A great discussion on the negotiation, strategy and risk considerations shaping today's public M&A transactions.

The ways in which regulators respond when things go wrong is continuing to evolve. In this episode of the FSR Brief, Jon Ford, Michael Tan and Eva Barbosa discuss the Financial Conduct Authority's ("FCA") Enforcement Watch 2, including consumer duty investigations and the continued use of assertive supervision alongside/ in lieu of enforcement, the Financial Reporting Council's ("FRC") changes to its Audit Enforcement Procedure to introduce new routes to resolution, including an Early Admissions Process, and the latest case brought by the Prudential Regulation Authority using the Early Account Scheme. They share insights into these different approaches and consider whether there may be learnings that could be shared across regulators. See here our blogs on the changes to the FRC's Audit Enforcement Procedure https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/financial-reporting-council-updates-its-audit-enforcement-procedure-with-new-routes-to-resolution and the FCA's Enforcement Watch 2 https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/fca-enforcement-watch-2-the-consumer-duty-moves-into-a-new-phase-of-scrutiny

Disputes arising out of construction and infrastructure joint-venture projects This podcast explores the rising complexity of disputes in infrastructure joint ventures and the key issues that drive them. With large-scale, long-term projects bringing together multiple parties, the potential for disagreement is inherent. In this episode, we discuss: 1) why infrastructure joint ventures are particularly prone to complex disputes, given their scale, duration, capital intensity and the interdependence of responsibilities; 2) the most common areas of contention, including funding and capital calls, governance and deadlock, exit and valuation, as well as downstream construction disputes involving scope changes, cost overruns and the relationship between JV entities and their participants; and 3) key takeaways for C-suite executives and lawyers. 本期我们专注基础设施合资企业中日益复杂的争议问题及其主要成因。大型、长期的基础设施项目汇集了多方参与者，分歧的产生在所难免。在本期节目中，我们将围绕以下三个方面展开讨论：1）首先，我们将分析为何基础设施合资企业特别容易引发复杂争议，包括项目规模大、周期长、资本密集以及各方责任高度交织等因素 ；2）其次，我们将探讨最常见的争议领域，涵盖出资与增资催缴、治理与僵局、退出与估值，以及涉及范围变更、成本超支和合资实体与参与方之间关系的下游施工争议 ；3）最后，我们将为企业高管和法律从业者提供关键建议。

In this episode of On Just Terms, Jason Betts and Melissa Gladstone are joined by Hamish Hansford, Head of National Security at the Department of Home Affairs and Australia's Commonwealth Counter-Terrorism Coordinator, for a discussion on the evolving national security landscape and its implications for Australian organisations. Hamish discusses Australia's Cyber Security Strategy, mandatory ransomware reporting, the convergence of cyber, foreign interference and organised crime threats, and the growing role of AI in both security and resilience. He also explores the Security of Critical Infrastructure framework, board preparedness, and the importance of strong security culture and risk management. A practical discussion for directors, executives and advisers navigating cyber, critical infrastructure and national security risks. an increasingly complex threat environment.

In this special crossover episode of Inside Employment and Inside Safety, Steve Bell, Tony Wood and Lucy Boyd explore the increasingly complex regulatory landscape facing Australian employers and the growing scrutiny from workplace, safety and human rights regulators. Steve, Tony and Lucy discuss the rise in regulatory investigations and enforcement activity, the challenges employers face when responding to overlapping regulators, and the Australian Human Rights Commission’s evolving approach to enforcing the positive duty to prevent sexual harassment. They also share practical insights on governance, compliance and how organisations can prepare for greater regulatory scrutiny.