Herbert Smith Freehills Kramer Podcasts

In this episode, we take the conversation a step further, moving from the challenges of mobile and messaging-app data to the fast-emerging frontier of social media evidence. Roisin McCrory, Meghan Ryan, David Shepherd and Uchi Jayawardhena explore how posts, private messages, ephemeral content and platform-specific multimedia are increasingly finding their way into litigation and investigations. As organisations and their employees communicate across an ever-growing mix of platforms, the spea...

What happens when an employer's own conduct prevents the contractor from meeting the contractual completion date? And what are the consequences when a contract has no effective mechanism to deal with acts of prevention? In the first episode of the Construction Law Shortcast, Xavier Milne and Noe Minamikata tackle two foundational principles of English construction law that anyone involved in construction projects needs to understand: the prevention principle and time at large. These co...

In this episode of Insurance Bites, Hamish Hunter and Kate Mann, Senior Associates in the Insurance & Professional Risks team, report on the appeal in Liberty Managing Agency Limited v Chedid which considered whether allegations of fraud against directors or officers permit a D&O insurer to withdraw cover, or whether the insurer must wait for independent determination. This is a critical question for an insured policyholder as it may determine whether they have the resources to mount ...

AFSA’s appointment of Professor Lise Bosman as the inaugural president of its International Court was a clear statement of intent. Her career has moved between practice, academia and arbitral institutions: from apartheid-era campus politics at the University of Cape Town, the Iran–US Claims Tribunal in The Hague, practising commercial arbitration at Freshfields, leadership of the International Council for Commercial Arbitration (ICCA) and two decades teaching arbitration law at the University...

In this episode, partners Jason Betts and Aoife Xuereb speak with Sophie East and Jesse Wilson, partners at Bell Gully, about the evolving class actions landscape in New Zealand and how it compares with developments across the Tasman. They explore the foundations of New Zealand's representative proceedings regime, the significance of the Supreme Court's landmark decision in Ross v Southern Response, and the increasingly important role of litigation funders. The conversation also examine...