Event Register

Class actions: the evolving risk landscape

Halfday seminar 20 October, 2023

Jason Betts, Partner & Global Co-Head of Class Actions, Herbert Smith Freehills (Chair); Cameron Whittfield, Partner & Head of APAC Cyber Security, Herbert Smith Freehills; Clive Bowman, Global Chief Investment Officer, Omni Bridgeway; Rob Craig KC, Alinea Chambers, Melbourne; Emma Pelka-Caven, Head of Class Actions, Slater and Gordon Lawyers; Melissa Gladstone, Partner, Class Actions, Herbert Smith Freehills

Dixson Room, Mitchell Wing, NSW State Library

09:00AM to 12:30PM

Introduction and welcome
Jason Betts, Partner & Global Co-Head of Class Actions, Herbert Smith Freehills (Chair)
Keynote address
Navigating the digital threat-landscape
Cameron Whittfield, Partner & Head of APAC Cyber Security, Herbert Smith Freehills
As the digital threat-landscape evolves and we contend with some of the most challenging geopolitical tensions in recent memory, corporate Australia continues to face-off against the scourge of cyber criminals. Companies dealing with a material cyber incident are required to make business-critical decisions in real-time, often with limited information and while contending (and often negotiating) with a sophisticated criminal enterprise. This a business challenge unlike any we’ve had to manage before and the way we respond will define us. The keynote address will take a closer look at the dark underworld of our cyber-criminal adversaries. We will take you ‘into the crisis room’ and step through the unique features of an extortion negotiation. We will also consider the myriad of legal issues that arise both during and after an attack and consider how basic cyber hygiene and cyber resilience can help mitigate the impacts.
Panel discussion
Clive Bowman, Global Chief Investment Officer, Omni Bridgeway; Rob Craig KC, Victorian Bar; Emma Pelka-Caven, Head of Class Actions, Slater and Gordon Lawyers; Melissa Gladstone, Partner, Class Actions, Herbert Smith Freehills
An expert panel discussion will follow over two sessions covering the commercial, regulatory and class action aspects of a hypothetical cyber incident inspired by recent high-profile cases. The panel will provide invaluable practical, hands-on guidance based on their extensive experience with such incidents.
Key issues to be examined include:
• Why the first 24 hours of a cyber incident are critical
• Practical tips for engaging with regulators and stakeholders
• Insights on cyber and shareholder class action risk from the plaintiff, defendant and litigation funding perspectives
• Anatomy of large-scale cyber and shareholder class action claims
• Lessons learned and war stories
Jason Betts, Partner & Global Co-Head of Class Actions, Herbert Smith Freehills

Our expert speakers are:  
Jason Betts is widely regarded as one of Australia’s leading class action, regulatory investigation and product liability specialists. He has over 25 years of litigation experience and has defended the largest class actions and investigations in the Australian market. He is one of the few Australian defence lawyers to have run a class action to final trial and judgment and is the only Australian lawyer to win two shareholder class actions at trial (on behalf of Worley and Iluka). Jason also led the defence of two of Australia’s largest ever product liability class action cases and acted for the defendant in the seminal Australian decision on third party litigation funding in Australia — Campbells Cash and Carry Pty Ltd v Fostif Pty Ltd. Jason is a Visitor to the University of Sydney Law School, teaching the post-graduate course ‘Class Action Litigation in Australia’. In 2022 Jason co-authored the third edition of the leading class actions textbook in the country, Class Actions in Australia. He obtained his Master of Laws from the University of Virginia, specialising in class action defence theory.
Cameron Whittfield is one of Australia’s leading incident response advisers. Prior to joining HSF, Cameron was the leader of a Big 4 consulting firm’s incident response engagement team and a leader of their Cybersecurity and Digital Trust team (300+ cyber specialists). Cameron continues to advise many of Australia’s most high-profile boards and on many of the region’s most high-profile cyber incidents. Cameron leads the AsiaPac cyber team at HSF, teachers cyber law at Melbourne Law School and sits on various industry advisory panels advising on cyber resilience and incident response. He was Australia’s Technology Law Partner of the Year in 2019 and is a finalist for 2023 Cyber Security Lawyer of the Year. He has practiced for over 25 years.
Clive Bowman is Global Chief Investment Officer at Omni Bridgeway, based in Sydney and leading five Chief Investment Officers globally. Clive has led some of the company’s most high-profile and significant investments. In his current role he oversees the assessment of funding opportunities and our commitments to funded cases and portfolios. Clive is one of the founders and most experienced operators in the litigation funding industry in Australia and Asia Pacific, with particular expertise in insolvency and large-scale multi-party litigation. After working as a lawyer in law firms in Sydney and London, he moved into litigation funding in 1997. He has been with the company since it listed on the ASX in 2001, and was a director from 2011 to 2015, then Chief Executive Officer (Australia and Asia) prior to his present role.  Clive holds degrees in economics and law (Honours) from the Australian National University. He holds a graduate diploma in Applied Finance and Investment from the Securities Institute of Australia. He has completed the IPAA Advanced Insolvency course and the Program on Negotiation at Harvard Law School. Clive was recognised in Chambers and Partners Litigation Support 2019-2023 and is also recognised in Who’s Who Legal: Thought Leaders Third-Party Funding 2020-2023 Guides and Lawdragon's Global 100 Leaders in Legal Finance 2021-2023 Guides.
Rob Craig KC is an experienced trial and appellate advocate with a broad national practice incorporating general corporate and commercial law, insolvency, class actions, building and construction and white-collar crime.  Recognised by Chambers and Partners Global, Legal 500 and Doyle's Guide since 2020 as a leading Australian silk in commercial litigation and construction litigation, Rob appears in all jurisdictions in Australia and in domestic and international arbitrations.
Emma Pelka-Cavin has significant experience acting in complex financial services litigation. She now exclusively represents applicants and group members in investor and financial service class actions. Emma is known for taking a strategic and measured approach to litigation and alternative dispute resolution. Before joining Slater and Gordon Lawyers in 2018, Emma represented defendants and insurers in the financial services sector. She advised on insurance issues arising in class actions and has technical expertise across all coverage areas. Emma’s clients included Australian and overseas insurers, including Lloyd’s syndicates. She has also defended financial institutions, directors and officers, product issuers, AFSL holders, auditors, stockbrokers and accountants in claims brought by regulators and third parties. Emma’s experience and knowledge is now being used to help improve the outcomes for class members in class actions. Emma is regarded as a passionate advocate for her clients and for providing clear and direct advice. Emma graduated from Monash University in 2004 with a Bachelor of Laws (with honours) and a Bachelor of Arts (with honours). She is admitted in the Federal Court of Australia, the High Court of Australia, the Supreme Court of Victoria, and the High Court of Hong Kong, SAR.
Melissa Gladstone specialises in dispute resolution, with a focus on class action litigation and regulatory investigations. An experienced commercial litigator, Melissa works with her clients to navigate complex, large-scale disputes including class actions and regulatory investigations. Leveraging her knowledge of Australia’s mature class actions regime, Melissa is working across our Asia Pacific platform to guide our clients and teams in Asia who operate in markets with developing regional litigation risks. 

Sponsored by Herbert Smith Freehills

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