👋 G’day
Today’s brief:
Elite firms sprint while others scramble
Clients hard-code 10% AI discounts
Ben Roberts-Smith denies charges
Here’s your latest, PB #{{join_number}} 👇
WORD ON THE STREET

Merge to survive

Kirkland, Latham, Gibson Dunn, Paul Weiss and a handful of private capital powerhouses are growing at 20%+, while newly merged firms quietly struggle to match that pace. Three major combinations have already closed in 2026, including Ashurst/Perkins Coie and Hogan Lovells/Cadwalader, all with "overwhelming" partner support. Every firm calls it a choice, not a survival move. But if you're not one of the elite, merging may be the only way to stay competitive: Law.com
Clients are hard-coding 10% AI discounts into consulting contracts, and the logic is hard to argue with. Boutique firm Revium quoted a full website rebuild at 60% of its 2019 price, and one client's board actually worried the work wasn't good enough because it was too cheap. PwC's pitch is to call it "value-based billing": AFR
EY fired an assistant economist after her viral George Washington University graduation speech called for divestment from companies allegedly profiting from genocide in Gaza. She was on leave for 24 hours and gone four days later. She's now suing EY, arguing colleagues who took the opposite view faced zero consequences: FT
PRACTICE POINTS

New AI rules
⚖️ AI/Litigation: Chief Justice Mortimer issued the Federal Court's long-awaited GPN-AI practice note, taking a more permissive approach than its state counterparts. Unlike NSW, which largely bars generative AI from affidavits and witness statements, the Federal Court permits it across pleadings, submissions and evidentiary materials, provided use is disclosed and the document still reflects the witness's own recollection and knowledge. Lawyers must verify that AI-assisted filings don't contain hallucinated citations or fictitious authorities. Two practitioners have already been referred to disciplinary bodies for exactly that. Then there’s confidentiality — users should also avoid feeding suppressed, privileged or confidential material into publicly accessible AI tools: Federal Court
⚖️ Corporate/Climate: Solicitor-General Ruth Higgins has co-authored a new legal opinion on the International Court of Justice's ruling last year. She says that the ruling, which found that national governments are obliged to protect the climate system from greenhouse gas emissions, is already fuelling Australian litigation against fossil fuel projects. At least three civil actions have been launched since the ruling, including against Woodside's North West Shelf extension. Directors of carbon-intensive companies who fail to properly analyse or disclose the heightened regulatory and legal uncertainty risk breaching their duties and facing shareholder or ASIC action: AFR
⚖️ IP: Disney secured summary judgment in the Queensland District Court against a self-published author who alleged Indiana Jones and the Dial of Destiny infringed her novel The Michelangelo Dilemma. Both works involve time travel and ancient history, but the Court found no objective similarity at the level of expression because the time travel mechanisms differed, the characters shared nothing, and there was no common dialogue. The reminder for IP practitioners is that copyright protects expression, not ideas, and cross-medium infringement claims require a qualitative, holistic comparison of plot structure, character, incidents and themes, not just thematic overlap: HWLE
TALKING POINTS

Deny, deny, deny

Did you hear…
Ben Roberts-Smith fronted the Gold Coast media on Sunday, denying all five war crime murder charges and vowing to fight it out at trial. "I have never run from a fight in my life. I will never give up." The Victoria Cross recipient faces five charges of war crime murder, with prosecutors alleging he killed or ordered the execution of unarmed Afghan civilians in 2009 and 2012. The prosecution has three fellow soldiers who have allegedly admitted their own involvement in the killings and given written accounts implicating him as their superior: ABC News, The Guardian
Also…
The USS Spruance just seized a 900-foot Iranian cargo ship in the Gulf of Oman after punching a hole in its engine room, with US Marines now holding the Touska under Treasury sanctions for "prior history of illegal activity." Iran knocked back a second round of peace talks, the Strait of Hormuz is still closed after shots fired at two Indian-flagged vessels, and Trump's threatening to flatten every power plant and bridge in the country. And shock, oil prices aren't happy: Capital Brief
DEAL ROOM

Deal predictions
📊 Gilbert + Tobin has dropped its Takeovers and Schemes Review 2026, dissecting 42 ASX-listed deals above $50m from last year. Private capital featured in 29% of deals by volume, and foreign bidders drove over half. The firm's verdict for 2026: capital's available, but regulatory complexity and valuation discipline will separate deals that get done from those that don't: G+T
⛏️ Gilbert + Tobin has advised Yancoal Australia on its US$2.4bn (A$3.35bn) acquisition of an 80% stake in Queensland's Kestrel coking coal mine, with partners Costas Condoleon, Mark McAleer and Kevin Ko leading the team. Mallesons acted for vendors EMR Capital and Adaro Capital, with partners Paul Schroder and Mark Vanderneut on point: Point Blank
💾 Mallesons advised NextDC on a $1bn wholesale hybrid securities offer, backed by a $1bn binding commitment from Québec's La Caisse. The 100-year subordinated notes carry a five-year non-call, giving NextDC long-duration capital to keep building out its 17-facility platform across Australia and Asia: Point Blank
SECTOR SNAPSHOT

Ban goes global


DIGGERS
🚜 InterContinental Energy is back on the funding trail, raising $112m Series C with BNP Paribas as cornerstone investor and Ashurst on legal duties, to push its Western Green Energy Hub and Australian Renewable Energy Hub to final investment decision. At $100bn over 20 years, it's Australia's biggest green energy bet: AFR

FIN
🏦 Coinbase and Fintech Australia are pushing back on Treasury's plan to drag stablecoin issuers under the Financial Accountability Regime at just $200m in client funds, calling the compliance burden "unworkable" for early-stage startups. The industry wants the threshold lifted to $1bn, arguing banking-style personal liability obligations will kill the sector early: Capital Brief

RETAIL + REAL ESTATE
🏠 Receivers Alvarez & Marsal and KordaMentha have seized the Southbank site earmarked for what would've been Australia's tallest mixed-use tower. They’ve put it up for sale after Beulah International failed to lock down a backer for its $2.7bn scheme. Experts say the original scheme is uneconomic. Local developers are tipped to pursue something far smaller: The Australian

TECH + STARTUPS
📱 Australia's under-16 social media ban is catching on. Anika Wells and eSafety Commissioner Julie Inman Grant have briefed ~50 countries on Australia's teen social media ban, with France, Greece, Germany and Spain flagging their own. Meanwhile, Firmus is hitting the road for a June IPO, dangling a $13.1bn revenue pipeline but with a catch: nearly 90% rests on just two customers, Nvidia and an unnamed US giant: AFR
JOBS

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