The Linklaters Podcast

Episode 3: PFAs regimes: chemicals & hazardous substances - corporates and financial sector

In this podcast, Satindar Dogra, Elizabeth Raultson, Anke Krouse and Sarah Martin discuss what the PFAs litigation landscape in the US, EU and UK looks like at the moment and how it could develop.

Episode 2: PFAs regimes: chemicals & hazardous substances - corporates and financial sector

In this podcast, Aileen Buchanan (Linklaters), Lauren Bachtel (Linklaters) and Belinda Valledy (ERM) explore how to address issues relating to PFAs in M&A transactions, including due diligence, transaction documents and insurance.

Episode 1: PFAs regimes: chemicals & hazardous substances - corporates and financial sector

In this podcast, Claudia Harper, Lauren Bachtel and Sebatian Meyn provide a high-level overview of what PFAs (also known as “forever chemicals”) are, how they are regulated in the UK, EU and US, and what changes are afoot.

Episode 11: Lessons from the French Duty of Vigilance law 

In this episode, Claudia Cavicchioli, Counsel in the Paris team, explores the similarities between the French Duty of Vigilance Law and the CSDDD, including what can be learnt from French law, and how the CSDDD might impact the French legal landscape.

 

To listen to all episodes in the EU CSDDD series, visit our website.

Episode 10: CSDDD explained: Interaction with the German Supply Chain Act

In this episode, Partner Julia Grothaus and Managing Associate Kathrin Bauwens in our German team discuss the similarities and differences between the CSDDD and the German Supply Chain Act, as well as any lessons we can draw from the German law for the upcoming CSDDD implementation.

 

To listen to all episodes in the EU CSDDD series, visit our website.

Episode 9: CSDDD explained: enforcement and penalties

In this episode, Managing Associate James Marlow in the London ESG team speaks with Senior Associate Liz Raulston in the US team and Knowledge Lawyer & Head of ESG Regional Development for Asia, Gilly Hutchinson, about the EU CSDDD’s impact on businesses outside the EU – with a particular focus on the implications for businesses in the US and Asia, as well as the UK's position.

To listen to all episodes in the EU CSDDD series, visit our website.

Episode 5: How the CSDDD compares with the CSRD

In this episode, managing associate Tom Cobbaert and associate Claudia Harper discuss the intersection between the EU Corporate Sustainability Reporting Directive (CSRD) and the EU Corporate Sustainability Due Diligence Directive (CSDDD).

To listen to all episodes in the EU CSDDD series, visit our website.

Episode 2: EU CSDDD explained

Speakers: James Marlow, Tom Cobbaert

In this episode, managing associates James Marlow and Tom Cobbaert explain who the CSDDD applies to and at which level obligations apply and when.

To listen to all episodes in the EU CSDDD series, visit our website.

Episode 1: EU CSDDD explained

Speakers: Rachel Barrett, Julia Grothaus

In this episode, partners Rachel Barrett and Julia Grothaus give an overview of the CSDDD, including why it’s a big deal and why it is advisable for businesses to start thinking about it now.

To listen to all episodes in the EU CSDDD series, visit our website.

Episode 16: ESG Soundbite Series

In this podcast, Maria Mitaeva and Bart Fleuren discuss how they expect developments in the field of ESG to impact the next wave of construction & infrastructure sector disputes.

Episode 5: Asia Bitesize Antitrust Podcast Series 2023

We are all in this together. Collective action by businesses could be a shortcut to accelerating progress for ESG goals. But when does legitimate cooperation cross the line into an antitrust risk area? Felicity McMahon from Allens’ in Sydney and Gilly Hutchinson, our Asia Head of ESG Regional Development, join Kathleen Gooi in discussing how competition law intersects with sustainability initiatives and sharing their insights into the approach taken by Asian antitrust regulators. Listen now to explore the role of competition law through the lens of pursuing sustainability goals as the countdown to COP28 begins

To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

Episode 9: Trends in claims against multinationals in connection with human rights or environmental impacts abroad

In this episode of our business and human rights podcast series, David Thomas and Rebecca Burton discuss trends in claims brought in the UK against multinational companies in connection with human rights and/or environmental impacts abroad. 

Episode 5: Greenwashing from a EU perspective 

Speakers: Julia Grothaus, Christian Schmitt and Bolko Ehlgen

In this episode, we look at greenwashing from a EU perspective, including discussing the legislative amendments proposed by the EU as well as recent decisions and claims across the region.

To watch all episodes Greenwashing from a EU perspective, visit our website.

Episode 3: Greenwashing from a US perspective 

Speakers: Doug Davison, Sarah Martin and David Thomas

In this episode, we look at greenwashing risks from a US perspective, the regulatory landscape, how “greenhushing” might play out in the US and the role taken on by US competition and advertising authorities to tackle greenwashing.

Episode 15: ESG Soundbite Series

The Taskforce on Nature-related Financial Disclosures (TNFD) published the final version of its recommendations on a framework to identify, assess, manage, and disclose nature-related issues. In this podcast, Kim Rybarczyk and Jon Tan discuss the final recommendations, including what the framework means for businesses and how it fits in with existing climate reporting frameworks.

To listen to all episodes in this series, visit our ESG Soundbite Series webpage.

Episode 14: ESG Soundbite Series

Rebecca Burton speaks to Charlotte Moore and Catalina Becerra at SIGWATCH, a global activism consultancy and data provider. They speak about recent trends in NGO-led climate litigation, why it is being used by NGOs as a tactic to address climate change and how companies should look to engage with the heightened risk of NGO-led litigation.

To listen to all episodes in this series, visit our ESG Soundbite Series webpage.

Episode 6: EU Green Bond Regulation

In this episode, partner Raza Naeem and senior associate Julia Bhatti discuss the ESMA external reviewer regime introduced by the Regulation, including the requirements for registration and  mandatory reporting requirements for external reviewers of EU green bond labelled bonds. 

To listen to all episodes in this series, visit our EU Green Bond Regulation webpage.

Episode 5: EU Green Bond Regulation

In this episode, partners Barbara Lauer and Alexander Shopov and counsel George Gooderham discuss the EU Green Bond Regulation in the context of securitisations, including the specific disclosure and exclusion requirements for EU green bond labelled securitisations.

To listen to all episodes in this series, visit our EU Green Bond Regulation webpage.

Episode 4: EU Green Bond Regulation

In this episode, partners Véronique Delaittre and Ben Dulieu discuss the optional disclosure regime introduced in the Regulation for other non-labelled green bonds and green sustainability-linked bonds.

To listen to all episodes in this series, visit our EU Green Bond Regulation webpage.

Episode 3: EU Green Bond Regulation

In this episode, counsel Hugo van der Molen and managing associate Amelia Rice discuss the mandatory disclosure and reporting requirements for EU green bond labelled bonds.

To listen to all episodes in this series, visit our EU Green Bond Regulation webpage.

Episode 4: Greenwashing vs Greenhushing: Lessons learned and practical tips for Asia businesses

Speakers: Laure de Panafieu, Sarah Martin, Tom Buchanan (External Speaker: Browning Environmental Communications) and Alister Stewart (External Speaker: Schneider Electric Sustainability Business) 

In this episode, we speak with Browning Environmental Communications and Schneider Electric to understand their perspectives on greenwashing. 

Episode 2: EU Green Bond Regulation

In this episode, partner David Ballegeer and counsel Catherine Wade discuss the core feature of the EU green bond label – alignment of use of proceeds with the EU taxonomy requirements.

To listen to all episodes in this series, visit our EU Green Bond Regulation webpage.

Episode 1: EU Green Bond Regulation

In this episode, counsel Martin Rojahn and managing associate  Erin McKeown discuss at a high level what the EU Green Bond Regulation is, when it will apply, who can use the EU green bond label and what it will require of issuers.

To listen to all episodes in this series, visit our EU Green Bond Regulation webpage.

Episode 1: Leading Questions

In the first episode, Christa Band, Gavin Lewis, Elenor Parkhouse, James Bowen and Stephen Lacey discuss the the surprising decision of the Supreme Court in relation to the Mariana Dam case and what it means for the future of collective redress in this country; sanctions and the perils of a tickbox “reasonable belief” defence as highlighted by Celestial Aviation; the extraordinary Al Sadeq case and whether a non-party to litigation can claim litigation privilege and a financial services supplement about changes to the Bank of England and Prudential Regulation Authority’s enforcement process and policies.

To listen to all episodes in this series, visit our Leading Questions webpage.

Episode 1

The EU Green Bond Regulation and Securitisation is a relatively new area of finance that has been gaining traction in recent years. The European Commission recently proposed a framework for the issuance of green bonds, which would provide more transparency and clarity to investors. Additionally, the European Central Bank has also been exploring ways to use securitisation as a tool to fund green projects. These initiatives have created an optimistic climate for green finance in Europe, with increased investor interest and potential for growth.

For more information, visit our website.

Episode 2: Greenwashing from a UK regulatory perspective – the CMA and the ASA

Speakers: Annamieke Cook and Zoe Cameron

In this episode, we look at greenwashing in the competition, consumer and advertising sphere and recent developments at both the ASA and the CMA.

Episode 1: Greenwashing from a UK regulatory perspective – the FCA and the FRC

Speakers: Dasha Konnova and Terry Yiangou

In this episode, we look at the FCA and FRC’s response to greenwashing and recent developments, including the proposed anti-greenwashing rule and practical tips businesses can take today. 

Episode 5: value chain

In this episode, partner Rachel Barrett and managing associate Tom Cobbaert discuss the CSRD’s requirement to report on the value chain, including what a value chain is and how to report on this in practical terms.

Episode 4: double materiality

In this episode, partner David Ballegeer and managing associate Iyes Igiehon explain the CSRD's approach to materiality (known as "double materiality"), which will require a significant shift in the way in-scope entities report on sustainability issues in the EU.

Episode 3: What are the ESRS and what do they require?

In this episode, managing associates Iyesogie Igiehon and Aileen Buchanan explain what the European Sustainability Reporting Standards (ESRS) are, what their current status is and next steps.

Episode 2: Scope and timing

In this podcast, managing associate Terry Yiangou and associate Elliot Jack explain who the CSRD applies to, when it will apply and some of the exemptions.

Episode 1: What is this all about

In this episode, managing associates Aileen Buchanan and James Marlow discuss at a high level what the CSRD is, what it requires, the entities that are in scope and what they need to report.

Episode 3: Factoring ESG into portfolio management

In the final podcast in this mini-series, James and Kim and Abhishek from Montagu discuss ESG at the investment stage and portfolio company level. We discuss how ESG features in deal origination, investment decision-making and ongoing engagement with, and monitoring of, investees. 

Episode 1: The what, the why and the journey so far

In this podcast, James Marlow welcomes Kim Woehl (ESG Principal) and Abhishek Kumar (Investment Manager) from Montagu, for a discussion about Montagu’s ESG journey. We look at why ESG matters to Montagu and the pivotal milestones. 

Episode 2: Setting science-based targets

For the second episode in this mini-series, James is re-joined by Kim and Abhishek from Montagu to discuss Montagu’s science-based targets in more detail, including the targets themselves, why they have been introduced, the key challenges faced in setting the targets and how Montagu is working with portfolio companies on their own targets.

Episode 13: ESG Soundbite Series

COP15 - the 15th Conference of the Parties to the United Nations Convention on Biological Diversity - takes place from 7 – 19 December 2022 in Montreal. Its primary aim is to agree a post-2020 global biodiversity framework (“GBF”). It is hoped the GBF will set the framework required for national and local action as well as the mobilisation of capital towards global biodiversity goals. In this podcast, Kim Rybarczyk and Claudia Harper discuss COP15 and the GBF and what it means for businesses.

In episode six, energy & infrastructure managing associate, Deepika Sriram, speaks to Tatiana Antonelli, founder and managing director of Goumbook, to discuss the important role of a social enterprise in the region and the value of youth engagement with ESG initiatives.

In episode five, capital markets counsel Dalia Nammari, speaks to general counsel Shaun Johnson at BEEAH Group to explore the waste generation crisis in the GCC, the crucial role of technology in driving sustainability and what a circular economy looks like in practice.

In episode four, capital markets managing associate, Sergey Shiposha, speaks to Dr. Sumaya Yusuf Hasan, Chairperson of Natural Resources & Environment department at the Arabian Gulf University to discuss the challenges in waste management in the GCC and how is the region imposing initiatives to address these issues.

In episode three, energy & infrastructure managing associate, Leila Amos, speaks to Abdulrahman Bajammal, senior manager for portfolio asset management at Vision Invest to discuss how they have integrated ESG in their portfolio asset management and the wealth of opportunities in the infrastructure and public-private partnerships space in Saudi Arabia and the wider Gulf Cooperation Council.

In episode two, corporate partner, Waleed Rasromani, speaks to Habib Abdur-Rahman, Head of ESG at Investcorp, to take a closer look at the opportunities for investors and the private sector to embed ESG in their day-to-day business operations, and the development of new technologies that will help the transition to net zero.

In this episode, Dubai energy & infrastructure managing associate, Deepika Sriram, speaks to Ibrahim Al-Zu’bi, Chief Sustainability Officer at Majid al Futtaim, Vice Chair of the United Nations Global Compact Network UAE and author of ‘How To Net Positive’, to discuss the evolution of ESG in a post covid-19 era and share strategies on how to embed ESG principles in corporate policies to generate long term value.

Episode 13: Human rights disclosures and the link with due diligence

In this podcast, James Marlow and Wahdana Bilal discuss due diligence in the context of human rights disclosures and the link between the two.

Episode 12: Human rights disclosures

In this podcast, Sarah Martin and James Marlow discuss human rights disclosures and why there are different to other types of ESG disclosures.

Episode 11: TCFD requirements for asset managers in UK

In this podcast, Terry Yiangou and Elliot Jack discuss the TCFD disclosure requirements for asset managers in the UK.

Episode 10: Lessons learnt from TCFD reporting by UK listed companies

In this podcast, Kim Rybarczyk and Sara Feijao discuss some of the key lessons learnt from the first set of TCFD disclosures made by UK listed companies in 2022, including some of the key points raised by the FRC and FCA in their recent analysis of TCFD reporting.

Episode 9: ESG disclosure regime in Asia

In this podcast, Gilly Hutchinson and Sara Feijao provide an overview of ESG disclosure regimes in Asia.

Episode 8: ESG disclosure regime in the EU

In this podcast, Iyesogie Igiehon and Tom Cobbaert discuss the forthcoming requirements in the EU Corporate Sustainability Reporting Directive (CSRD).

Episode 7: ESG disclosure regimes in the UK

In this podcast, Aileen Buchanan and Claire Rogers discuss ESG disclosure regimes in the UK, including existing TCFD reporting requirements under the Listing Rules and Companies Act and the forthcoming SDR regime.

Episode 6: ESG changes to MiFID II regime 

In this podcast, Terry Yiangou and Elliot Jack discuss the incoming ESG-related changes to the MiFID II product governance regime and what firms should be doing to prepare.

Episode 5: EU SFDR Level 2: loose ends

In this podcast, Terry Yiangou and Clare Wiles discuss the final SFDR Level 2 technical standards ahead of the 1 January 2023 application date, and the proposals for further amendments in relation to these standards.

Episode 4: greenwashing

In this podcast, Sarah Martin and Rebecca Burton discuss greenwashing – what it means, some recent examples and practical tips on how to avoid the pitfalls.

Episode 3: key drivers for ESG disclosure regimes

In this podcast, Sara Feijao, Julia Voskoboinikova and Gilly Hutchinson (ESG knowledges lawyers in London, EU and Asia) discuss the key drivers behind the current flurry of climate and sustainability disclosure regimes across the globe.

Episode 2: UK climate transition plans

In this podcast, Vanessa Havard-Williams and Dearbhla Cantwell discuss the forthcoming obligation to publish a climate transition plan in the UK under the Sustainability Disclosure Requirements (SDR) regime which is currently being developed by the UK government.

Episode 1: ESG governance

In this podcast, Rachel Barrett and Jon Tan discuss the key components of good ESG governance, from board oversight to implementation within the business.

Episode 1

Whilst at COP26 in Glasgow, Matt Sparkes, Global Head of Sustainability at Linklaters, interviewed Linklaters alumnus Olivia McKendrick and National Geographic photographer Chris Rainier, co-founders of the Cultural Sanctuaries Foundation.

The Foundation's mission is to protect indigenous cultures, which are crucial in the global fight against climate change and wilderness destruction. 80% of the world’s remaining wilderness is cared for by indigenous peoples and it is these communities that are best placed to serve as guardians of those landscapes.

Listen to Matt’s conversation with Olivia and Chris to learn more about the foundation’s work.

Episode 12: ESG Soundbite Series

In our second podcast, David Ballegeer and Linda Taylor, together with Els Janssens, explore how the proposed EU Green Bond Standard fits into the broader EU sustainability plan, in particular the taxonomy and its new reporting requirements and key performance indicators (KPIs). They also discuss how it interacts with Sustainability-Linked Bonds (SLBs), where KPIs also play a key role.

Episode 11: ESG Soundbite Series

The European Commission published the draft EU Green Bond Standard in 2021 and in our first podcast on this topic, David Ballegeer, Amrita Ahluwalia, together with Els Janssens, discuss what the EU Green Bond Standard is, how it relates to current market practice and what we can expect.

Episode 10: ESG Soundbite Series

Minimum participation, gender quota and target figures - the German Second Act on Equal Participation of Women in Management Positions (FüPoG II) aims to strengthen the participation of women, especially in leadership positions in the private sector.

In this podcast, Kristina Klaaßen-Kaiser and Timon Grau, together with Cornelius Wilk, take a look at the most important consequences for companies and the differences compared to the previous legal situation.

Episode 9: ESG Soundbite Series

For years, business and human rights in supply chains have been a top priority for many companies across various industries. For a long time, the focus was on voluntary compliance, but this is currently changing in many jurisdictions and on EU level. With the recently enacted German Supply Chain Due Diligence Act passed, the German legislator has set binding requirements that in-scope companies will have to fulfil as of January 2023. In this podcast we give you an overview of the new obligations and discuss the consequences and practical challenges for businesses.

Episode 8: ESG Soundbite Series

Green and sustainability linked loans have become established loan market products, but they are still evolving as industry sectors seek to address wide-ranging ESG pressures. At the same time, regulators recognise that the financial sector is a key part of the transition to a more sustainable economy.

In this podcast Christopher Williams explores the features of green and sustainability linked loans. 

Episode 7: ESG Soundbite Series

Green and sustainability linked loans have become established loan market products, but they are still evolving as industry sectors seek to address wide-ranging ESG pressures. At the same time, regulators recognise that the financial sector is a key part of the transition to a more sustainable economy.

In this episode, Olga Petrovic and Caroline Courtney explore ESG as it impacts the maritime sector.

Episode 6: ESG Soundbite Series

Green and sustainability linked loans have become established loan market products, but they are still evolving as industry sectors seek to address wide-ranging ESG pressures. At the same time, regulators recognise that the financial sector is a key part of the transition to a more sustainable economy.

In this latest podcast, our Banking team, Edward Chan and Bobby Butcher discuss ESG regulation and the potential impact on access to finance.

Episode 5: ESG Soundbite Series

A key part in developing and implementing any climate transition plan is data and reporting. In this short podcast Iyesogie Igiehon and Claire Rogers give a quick overview of the current greenhouse gas reporting landscape in the UK, looking at the main regimes, challenges and the direction of travel, including the SECR and TCFD regimes and reporting on Scope 3 emissions.

Episode 4: ESG Soundbite Series

In this podcast Rachel Barrett and Aileen Buchanan discuss the importance of remedy in a project financing context. Drawing upon what they have seen in practice they explore:

• options for remedy when issues arise;
• how remedy is dealt with in transaction documents; and
• how a proactive approach to remedy can help avoid defaults.

Episode 8: Human Rights - What does it mean for business?

For many organisations, an effective approach to managing their human rights impacts will involve integrating human rights due diligence into ‘business as usual’. In fact when they look, many organisations find they are already doing more than they realise in this area. In this next episode of our business and human rights podcast series Rachel Barrett and Vanessa Havard-Williams are joined by Maria Knapp and Clare Morton from Control Risks to discuss how businesses can successfully embed human rights due diligence programmes. 

Episode 7: Human Rights - What does it mean for business?

In this episode of our business and human rights podcast series, Thierry L’Homme, Elisa Sourmelis and Guillaume Croisant shed light on the European Union’s sustainable corporate governance initiative, whose adoption is planned for Q2 2021. The initiative envisages among others, to impose on companies operating in the EU to undertake mandatory human rights and environmental due diligence in their global operations and supply chains.

Episode 6: Human Rights - What does it mean for business?

In recent years we have seen a number of initiatives and developments that aim at expanding the scope of arbitration to include human rights issues. In this episode of our business and human rights podcast series Gerard Meijer, Juan Manuel Sanchez Pueyo and Suleyman Wellings-Longmore discuss two of those initiatives: The Hague Rules on Business and Human Rights Arbitration and the Bangladesh Accord.

Episode 5: Human Rights - What does it mean for business?

Le tematiche connesse alla due diligence sui diritti umani e alla responsabilità delle società capogruppo rappresentano temi ampiamente dibattuti a livello europeo. Paolo Bertolini ci parla di come tali tematiche siano percepite a livello italiano.

(Human rights due diligence and parent company exposure are topics much debated at European level. Paolo Bertolini provides a brief overview on how they are perceived in Italy.)

Episode 4: Human Rights - What does it mean for business?

Business and human rights due diligence legislation is much more developed in Switzerland, the Netherlands and France than other parts of the EU. Julia Grothaus, Gerard Meijer, Bo Ra Hoebeke and Jean-Charles Jaïs, joined by Dr Laurenz Uhl take stock of the current legal frameworks and share their insights.

Episode 3: Human Rights - What does it mean for business?

Remedy is a topic that often poses particular challenges in a business and human rights context. Rachel Barrett, Xavier Taton, Guillaume Croisant and James Marlow explore what we mean by remedy, how businesses can approach it and how they can prevent recurrence and manage future human rights risks and impacts.

Episode 2: Human Rights - What does it mean for business?

Vanessa Havard-Williams and Rachel Barrett are joined by Henry Smith and Maria Knapp from Control Risks to discuss the practical aspects of human rights due diligence in the context of M&A transactions. How do you do it, what should you look out for, and what are your options when it comes to dealing with due diligence findings? 

Episode 1: Human Rights - What does it mean for business?

The spotlight has been cast on business and human rights with companies realising how very real human rights risks are. Setting the backdrop for this podcast series, Rachel Barrett, Julia Grothaus and Vanessa Havard-Williams provide an overview of the current landscape and look at where we are going in terms of the law and the legal initiatives that are in play.

Episode 3: ESG Soundbite Series

In our next podcast focusing on ESG in a project financing context, Rachel Barrett and Iyesogie Igiehon discuss:

• why transparency matters when it comes to environmental and social issues;
• what is usually disclosed and when; 
• ongoing project reporting; and
• the shift towards greater public disclosure.

Episode 2: ESG Soundbite Series 

In our next podcast focusing on ESG in a project financing context, Iyesogie Igiehon and Aileen Buchanan discuss:

• the role of E&S due diligence in project financings;
• E&S standards requirements;
• the role of E&S consultants; and
• areas/issues that require extra focus such as biodiversity, GHG emissions and indigenous peoples.

Episode 1: ESG Soundbite Series

The next focus of our ESG Soundbite Series will be on the importance of ESG in a project financing context.
In this first session Aileen Buchanan, Rachel Barrett and Iyesogie Igiehon talk about E&S risk management in complex project financings.  

They share some quick insights on:

• how soft law standards have driven change in the market;
• the increase in NGO and public scrutiny; and
• what parties can do to efficiently manage E&S risks including practical tips.