MinterEllisonRuddWatts

Send us your feedback In this episode, Corporate and Commercial Senior Associate Suzy McMillan is joined by Employment Partner June Hardacre to continue their discussion on employee and workplace privacy considerations.In their previous episode, June and Suzy highlighted key policies and practices organisations should implement to ensure compliance with employee privacy obligations. In this episode, they take a deeper dive into the topic, this time focusing on the actionable privacy rights of employees.[00:33] Suzy begins by highlighting the episode’s focus on actionable privacy rights, and more specifically how to respond to IPP 6 requests under the Privacy Act 2020 from employees as opposed to customers.[01:33] June explains typical employee motivations for requesting personal information, such as in redundancy and workplace dispute situations.[03:48] Suzy and June discuss a step-by-step approach to dealing with IPP 6 requests from employees. As a first step they stress the importance of defining and communicating timing and scope to provide clarity for the requestor and to ensure the organisations meets their compliance obligations. [08:55] They consider how employers should then go about completing the search and assessment process for an employee IPP 6 request, discussing particular tools, such as AI, that can assist in processing the information.[10:29] Suzy queries how employers should document the process. June explains that an agreed methodology based on the scope is fundamental to organise the information disclosure process. They highlight the value of open communication, documenting the review process, and using a clear, strategic response to maintain transparency and efficiency.[18:14] Suzy and June consider if there is any ability to charge for IPP 6 requests beyond a nominal mount[19:41] June then suggests strategies for granting access to requested information, while keeping it separate from other unrelated, yet sensitive information.[22:30] Rounding out the step-by-step process, they lastly consider how to respond and report the information to the employee to finalise the IPP 6 request process.Information in this episode is accurate as at the date of recording, 8 November 2024.Please contact June Hardacre or Suzy McMillan if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here. For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Partner Neil Millar interviews Aaron Lloyd, a Partner in our Litigation and Dispute Resolution division on buyer remorse in M&A deals. They delve into the complexities of post-acquisition disputes and the strategies that businesses can use to protect themselves. They highlight the importance of clarity in sale agreements, common pitfalls, the significance of acting swiftly on claims, and the role of holdbacks, escrow, and guarantees in managing risk.[00:49] Neil and Aaron note the significant rise in M&A disputes exploring how economic shifts have contributed to this trend, particularly with buyers feeling they’ve overpaid. They talk about buyer’s remorse and strategic litigation, how parties often use litigation as a tool when deals turn sour. [04:28] Aaron outlines the common types of claims, including breach of warranty and misleading conduct, and discusses how economic changes are driving value-based disputes where buyers feel the deal no longer aligns with original expectations.[05:29] Aaron stresses the importance of going beyond data room disclosures and conducting a thorough review with a disclosure letter to avoid post-deal surprises.[14:17] Neil and Aaron discuss the importance of providing careful and measured responses to RFIs to avoid creating unintended warranties that could lead to future legal issues.[16:30] They talk about the importance for buyers to act swiftly on any post-acquisition suspicions or issues, ensuring they don’t miss deadlines for making claims, particularly around warranties.[18:11] They outline the importance of escrow, holdbacks, and guarantees in protecting buyers from potential warranty claims and ensuring there's accessible money if a claim is necessary.[00:20:10] Finally, Aaron emphasises the need for clarity in price adjustment mechanisms to avoid disputes. Information in this episode is accurate as at the date of recording Tuesday, 24 September 2024.Please contact Neil Millar, Aaron Lloyd or our Corporate or Litigation team if you need legal advice and guidance on any of the topics discussed in the episode.Please don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode of Data Room, Partner Neil Millar is joined by competition law expert Jennifer Hambleton to dissect the recent decisions made by the Commerce Commission (Commission) regarding the proposed acquisitions of Serato by AlphaTheta and the Foodstuffs merger. They explore the implications of these decisions on competition in the DJ software and grocery markets, the factors that led to the Commission's rejections and the emerging trends in regulatory scrutiny of mergers in New Zealand. Neil and Jennifer outline the complexities of competition law and offer valuable takeaways for businesses navigating the evolving landscape of mergers and acquisitions.[00:49] Jennifer outlines the proposed acquisition of Serato by AlphaTheta emphasising AlphaTheta’s role as a global manufacturer of DJ equipment and the significance of their long-standing partnership with Serato.[04:00] They discuss the Commission’s decision to decline the merger. Jennifer notes the Commission’s concerns over substantially lessening competition in the DJ software market, particularly the Commission’s view that AlphaTheta could stifle competition from rival hardware suppliers.[07:55] Jennifer explains the proposed merger with Foodstuffs North and South Island, outlining their bid to merge into a single national cooperative.[09:54] Jennifer outlines the Commission's main reasons for rejecting the merger, including a reduction in major grocery buyers from three to two and reduced innovation in the grocery market. [12:39] Neil and Jennifer discuss how recent decisions indicate a more conservative approach by the Commission, highlighting the importance of understanding market dynamics and potential opposition when considering mergers and acquisitions.Information in this episode is accurate as at the date of recording Friday, 4 October 2024.Please contact Neil Millar, Jennifer Hambleton or our Corporate or Competition team if you need legal advice and guidance on any of the topics discussed in the episode.Don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive updates via your inbox here.Additional resources Commerce Commission declines to grant clearance for proposed Foodstuffs mergerCommerce Commission’s first annual grocery report concludes competition still limitedFor show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Partners Gillian Service and June Hardacre, in our Employment team provide an insightful update on key employment law developments. They discuss key topics including worker status, good faith breaches, the integration of tikanga into employment law and potential changes on the horizon.  [01:00] June provides an overview of key cases, focusing on worker status, good faith, and non-publication orders, with notable developments from the Employment Court and Employment Relations Authority.  [03:30] Gillian and June look at legislative developments including the Holidays Act Reform, health and safety regulations and upcoming changes to contracting laws. They discuss the "gateway test" for determining contractor status.  [05:00] Gillian outlines the Uber Court of Appeal decision and its potential impact on businesses using standard-form contractor agreements. She touches on the broader implications for businesses with large, contracted workforces.  [12:00] June providesan update on the influence of tikanga in the employment court. They address the integration of tikanga principles, highlighting the cautious approach taken by the courts in applying these values.  [14:00] The pair thenexamine the introduction of implied contractual duties and the possibility of general damages. They discuss the evolving understanding of good faith in employment agreements, including a significant case that introduced new remedies for breaches of good faith.  Information in this episode is accurate as at the date of recording Tuesday, 26 September 2024. Please contact Gillian Service, June Hardacre or our Employment team if you need legal advice and guidance on any of the topics discussed in the episode. Please get in touch to receive an episode transcript. Please don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts