The Linklaters Podcast

Individual accountability implications following the FCA’s defeat in Julius Baer case // Investigations

Episode 4: Investigations Insights

In this episode, Nik Kiri and Verity Kemp discuss the recent decision of the Upper Tribunal in relation to three individuals previously employed by Julius Baer, and its important implications.

Further analysis of the case can be found on our blog post.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 1: Hong Kong SAR

10 years after the adoption of the Competition Ordinance, we are witnessing an unprecedented surge of enforcement efforts by the Hong Kong Competition Commission. In this episode, our dispute resolution partner Andrew Chung joins Marcus Pollard and Kathleen Gooi to discuss the latest enforcement trends in Hong Kong and what they expect to come next. Our experts share their views on the most recent cases, including the HKCC’s commitments policy. Listen now and stay on top of what the city’s regulator has been eyeing and to ensure you are getting ahead of the compliance curve.

Hidden trends in the FCA’s latest Interventions and Enforcement reporting // Contentious Regulation

Episode 2: Hidden trends in the FCA’s latest Interventions and Enforcement reporting

The FCA has published its 2022 annual report with statistics on its Interventions and Enforcement work.  In this podcast episode we reveal some hidden trends and themes these numbers that aren't as clear from the charts and tables that the FCA produced itself.  This can forewarn firms of the FCA's directions of travel and enable firms to take targeted action to mitigate relevant risks.

This episode features Sara Cody (counsel) and Duncan Campbell (senior associate) from Linklaters' Financial Regulation team in London.

Here is a pack of data visualisations of the reporting discussed in this episode.

And here is our previous publication and podcast episode on enforcement trends for 2022.

US and UK Developments // Business Crime & Investigations

Episode 1: US and UK Developments

Doug Davison, Richard Smith, Alison Saunders and Adam Lurie identify the most important issues in business crime enforcement in the US and the UK at the moment.

Restitution in financial services // Contentious Regulatory

Episode 11: Non-financial misconduct and whistleblowing

In this podcast episode we discuss the FCA’s evolving use of its powers to require firms to pay redress to customers. This episode features Alison Wilson, Linklaters’ Global Head of Dispute Resolution and a member of our contentious regulatory partner team in London and Sara Cody, counsel in Linklaters’ Financial Regulation practice.

Financial services enforcement trends 2022 // Contentious Regulatory

Episode 1: Financial services enforcement trends 2022

In this podcast episode we highlight our top five financial services enforcement trends for 2022.  

This episode features counsel Sara Cody and managing associate Duncan Campbell of Linklaters' London Financial Regulation team.

For more details, see our full publication on financial services enforcement trends for 2022, and visit our dedicated webpage with all our resources on the FCA's proposed Consumer Duty.

The second consultation paper - implications for asset managers // Consumer Duty

Episode 6: The FCA’s Consumer Duty

In this podcast episode we discuss implications for asset managers of the FCA's second consultation paper on its proposed new consumer duty, including its scope, interaction with existing Principles, application throughout the distribution chain, monitoring and testing, and steps that asset managers can take now to prepare. 

This episode features Raza Naeem and Sara Cody (counsel, financial regulation, London). It complements our podcast episode on the implications of the second consultation paper for all firms.

Visit our consumer duty webpage for all our resources on the proposed consumer duty.

The second consultation paper // Consumer Duty

Episode 5: The FCA’s Consumer Duty

In this podcast episode we discuss the FCA's second consultation paper on its proposed new consumer duty. What's changed between the first and second consultation? What questions does the second consultation paper answer? And what steps can you take to prepare?

This episode features Gavin Lewis (partner, dispute resolution, London) and Sara Cody (counsel, financial regulation, London).

Visit our consumer duty webpage for all our resources on the proposed consumer duty.

Pass-On // Dispute Resolution

Episode 9: Competition Litigation Podcast Series

In the ninth episode, Sarina Williams and Jason Shardlow-Wrest are joined by Iona McCall from AlixPartners to discuss the role of “pass-on” in competition damages claims.

Factual Witness and Expert Evidence // Dispute Resolution

Episode 8: Competition Litigation Podcast Series

In the eighth episode, Haidee Barratt and Alex Hannington are joined by Oliver Latham from Charles River Associates to discuss the role of factual witness and expert evidence in competition claims, taking into account the BritNed decision and the recent CPR and CAT practice directions concerning the preparation of factual witness statements.

Approaches in Singapore // Contentious Regulatory

Episode 10: Non-financial misconduct and whistleblowing

In this podcast episode we discuss the Singapore's regulatory approach to non-financial misconduct and whistleblowing.

This episode features Singapore partners Peiying Chua (financial regulation), Laure de Panafieu (employment & incentives) and Jelita Pandjaitan (dispute resolution), and managing associate Duncan Campbell (contentious regulation, London).

For more detail, see our full publication reviewing the approach to non-financial misconduct and whistleblowing in 12 key jurisdictions.

Disclosure and Confidentiality // Dispute Resolution

Episode 7: Competition Litigation Podcast Series

In the seventh episode, James Hennah and Alice Shaw discuss disclosure and confidentiality in competition litigation.

Jurisdiction // Dispute Resolution

Episode 6: Competition Litigation Podcast Series

In the sixth episode, Harriet Ellis, James Hennah and Alice Shaw discuss the English courts approach to jurisdiction in competition litigation claims.

Limitation // Dispute Resolution

Episode 4: Competition Litigation Podcast Series

In the fourth episode, Sarina Williams and Haidee Barratt discuss what ‘limitation’ means, why it’s important, and the key statutory rules and court decisions which determine limitation periods applicable to competition damages claims in the UK.

Implications for asset managers // Consumer Duty

Episode 4: The FCA’s Consumer Duty

In this podcast episode we discuss aspects of the FCA's proposed financial services consumer duty that may have particular implications for both retail and wholesale asset managers - including how the duty can apply to various firms in the distribution chain, how the consumer duty could go beyond existing TCF obligations, and a focus on communications and fair value.

This episode features Sara Cody and Raza Naeem, both counsel in our London financial regulation practice.

An infographic accompanies this episode.  And for all our resources on the FCA's proposals including more podcast episodes and infographics, visit our webpage.

Litigation Funding // Dispute Resolution

Episode 2: Competition Litigation Podcast Series

In the second episode, we focus on the developments in the Litigation Funding market. Tom Cassels and James Hennah are joined by Simon Latham from Augusta Ventures who provides valuable insights from a funder’s perspective.

The UK regulators‘ diversity and inclusion discussion paper // Contentious Regulatory

Episode 9: Non-financial misconduct and whistleblowing

In this podcast episode we discuss the FCA, PRA and Bank of England's joint discussion paper on their plans to monitor, track and improve diversity and inclusion in regulated firms. We examine how D&I will become a regulatory risk issue; the links drawn between D&I and non-financial misconduct; and the proposed D&I policy options and difficulties firms may face in implementing them.

This episode features Linklaters London financial regulation counsel Elizabeth Dowd and Sara Cody.

Introducing our Competition Litigation Podcast Series // Dispute Resolution

Episode 1: Competition Litigation Podcast Series

In the first episode, Sarina Williams and James Hennah explain what we mean by “competition litigation”, the types of conduct that can lead to private enforcement damages claims, the types of claims that can be brought, and the particularities of the UK legal system that have made it one of the most popular forums for competition damages in the world.