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Today’s brief:
Big Law warned against DEI hiring
Lawyers build their own tech
Epstein files name Aussies
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WORD ON THE STREET

DEI scrutiny

The US FTC has warned 42 Big Law firms that coordinated DEI hiring metrics may be anticompetitive, saying they can “distort competition for labor” across hiring, pay and promotions. With Trump-era scrutiny back, the question is whether HSF Kramer, Ashurst and A&O Shearman, all tied to US mergers, will quietly wind back DEI settings: Reuters
Women account for 58-59% of lawyers in Australia, yet only 42% of partners at large firms, the IBA-Law Council reports. The drop-off is sharpest at the Bar, where women are just 30% of barristers and 16% of silks. Flexible work helps, but it’s still not translating into senior leadership: Global Legal Post
Lawyers are quietly building their own legal tech, using AI-assisted “vibe coding” to turn side projects into working tools. Associates are now shipping apps for document review, redlining and time recording. Legal tech isn’t just startups anymore - it’s lawyers creating their own workflows: NB
Courts are quietly leaning on probate fees to balance the books. The Victorian Supreme Court pulled in $31.7m last year, more than a third of its budget, while NSW cleared $30m+. With court fees now topping $17k, executors are feeling the squeeze: AFR
PRACTICE POINTS

Privilege survives leak
⚖️ Legal Privilege: The SA Supreme Court held that an interview transcript and related legal files were protected by joint legal professional privilege held by the Salesians and their insurer. Privilege was not waived even though the insurer had produced the transcript in earlier Victorian proceedings without claiming privilege (and without the Salesians’ knowledge). Because the lawyers were acting for both insurer and insured to obtain legal advice, a waiver required both holders’ consent. Mere loss of confidentiality elsewhere, or denying knowledge in pleadings, was not enough to force production.
⚖️ Penalty: The Federal Court has slugged BPS Financial Pty Ltd with $14m in penalties over its Qoin Wallet crypto product, following findings of years of unlicensed conduct and misleading statements. The case stems from ASIC action that proved BPS promoted and advised on Qoin without an AFSL, and overstated key features of the product. The Court imposed $2m for unlicensed conduct, $12m for misleading conduct, banned BPS from operating without a licence for 10 years, ordered adverse publicity notices, and restrained future claims about Qoin’s approval, holders and convertibility: ASIC
⚖️ Employment: Mental injury claims are rising fast and cost more than physical injuries. There’s been a 37% increase in mental health comp claims between 2017-18 and 2021-22, now making up 9% of all serious comp claims. The Fair Work Commission upheld a dismissal where false complaints created psychosocial risk, while SafeWork NSW halted restructures at University of Technology Sydney and issued notices to Macquarie University over unmanaged psychological harm. Manage psychosocial risks under the WHS regime, covering work design, workloads and behaviours like bullying or harassment: Holding Redlich
TALKING POINTS

New Epstein files

Did you hear…
A fresh US Justice Department dump of 3m+ Epstein files names Kevin Rudd, Clive Palmer, Katherine Keating and Andrew Forrest in diaries and emails. There’s no allegation of wrongdoing against the Australians, with most references passing or proposed introductions that never happened. Still, the scale of the release is reigniting scrutiny of who crossed Epstein’s orbit: AFR
Also…
Luigi Mangione won’t face the death penalty after a US judge ditched the federal murder charge. Federal law requires Mangione’s murder charge to be tied to another crime of violence and the judge found that stalking isn’t inherently violent or always intentional. Mangione still faces a separate New York murder case: Reuters
DEAL ROOM

$3bn merger
🤑 Australian United Investment Company has struck an all-scrip deal to acquire rival Diversified United Investment. DUI holders will receive ~0.4815 AUI shares. The post-merger vehicle would control a portfolio of more than $3bn. HSF Kramer is advising AUI: ASX
⏰ Merger talks between Rio Tinto and Glencore are likely to be extended beyond the February 5 UK deadline, with sources describing momentum as hot and cold. An extension would signal no fatal flaw has emerged yet, but price, structure and Glencore’s copper pipeline remain the sticking points: AFR
SECTOR SNAPSHOT

Gold boom cracks


DIGGERS
🚜 So precious metals just snapped. Silver plunged 26% in a single day (that’s the biggest drop on record) while gold fell 9% after weeks of China-driven speculative frenzy. A stronger US dollar and profit-taking flipped a momentum trade into a rout, raising fresh questions about how fragile the AI-and geopolitics-fuelled commodities boom really is: Bloomberg

FIN
🏦 Mastercard has run the country’s first “agentic” transactions, where an AI agent searched, selected and paid on a user’s behalf. A CBA debit card bought Event Cinemas tickets, while a Westpac credit card booked accommodation in Thredbo, all with full customer consent and visibility across the payment chain: FinExtra

RETAIL + REAL ESTATE
🏠 Charter Hall is muscling into one of Sydney CBD’s biggest redevelopment sites. The property giant has bought a 50% stake in the O’Connell Street precinct from Abu Dhabi Investment Authority for north of $500m, becoming joint owner alongside a Lendlease fund: The Australian

TECH + STARTUPS
📱 Australians can’t stop buying iPhones. Apple posted a blowout December quarter as local iPhone sales hit an all-time high, helping push global iPhone revenue up 23% to a record US$85bn. CEO Tim Cook says demand for the iPhone 17 has left Apple in “supply chase mode”, even as its Gemini-powered Siri is still months away: AFR
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