The Linklaters Podcast

What companies need to know about the final TNFD Recommendations // ESG

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.

On the Warpath? The Outlook for VCs when AI/Emerging Tech Meets National Security // Fintech

Episode 9: Crypto Facto with Josh Klayman

In this episode of Crypto Facto with Josh Klayman, Jonathan Gafni, Head of U.S. Foreign Investment at Linklaters joins to discuss the technology landscape and President Biden’s recent Executive Order on outbound foreign investment. They take a deep dive into investments in AI, quantum computing, and semiconductors, how CFIUS plays a role in regulating foreign technology investments, and most importantly what this means for VCs amid a backdrop of increasing investment into the digital assets space. Listen to Josh and Jon’s hot takes now.

To listen to all episodes in this series, visit our Crypto Facto webpage.

Thriving mindfully // Business Skills

Episode 13: The Linklaters Ideas Foundry

Speakers: Gareth Lee and Ian Rodwell
 
We all know that modern life can be frenetic, uncertain and volatile. So, what if you could find a way to regain composure and focus in this daily maelstrom? Well, enter our next guest, Gareth Lee, lawyer, executive coach and proponent of a mindful approach to work and life. In this discussion, we examine Gareth’s passion for mindfulness and we explore how its benefits extend beyond well-being and resilience into the domains of emotional intelligence and outstanding performance. And, for those curious to give it a go, Gareth shares some simple techniques to test out during those hectic working days.

Overview of NGO-led climate litigation // ESG

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.

The past, present and future of credit wrapped deals // DSP

Episode 1: Credit Where It's Due

In the first episode of Credit Where It’s Due, Vinay Samani, a senior partner in the DSP team, discusses the past, present and future of credit wrapped deals. In Ash’s Newsflash, we update viewers on the credit event relating to Casino, a French supermarket chain.

Watch all episodes on our Credit Where It's Due webpage.

Introducing... Credit Where It’s Due // DSP

Introduction: Credit Where It's Due

In this episode, Credit Where It’s Due hosts, Leanne Banfield, Ruhi Patil, Ashley Rowlands and Christy Tsui introduce DSP’s first vodcast focused on emerging trends in the credit space and offer a glimpse into what viewers can expect from upcoming episodes.

For all episodes visit our Credit Where It's Due webpage.

The Quincecare duty in APP fraud cases, Climate Change Litigation and Data Privacy class actions // Litigation, Arbitration & Investigations

Episode 2: Leading Questions

In the second episode, Christa Band, Mike Munk, Rebecca Burton, Faye Presland, Elenor Parkhouse and Sadie Buls discuss the Supreme Court’s recent refusal in Phillipp v Barclays Bank to extend the Quincecare duty in APP fraud cases, the recent ClientEarth v Shell climate related derivative action case, and the latest data privacy class action claim struck out by the High Court.

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

WINS: Women IN Sports with Laura Ashworth-Cape // Sports

Episode 4: WINS: Women IN Sports

In episode four of WINS, we welcome Laura Ashworth-Cape from Fnatic to the podcast and discuss their experience around being head of legal at the world’s leading esports organisation and the difficulties women face in the esports sphere.

To listen to all episodes in this series, visit our WINS: Women IN Sport podcast series.

Enhanced enforcement risks under anti-espionage and data security regime (China) // Business Crime & Investigations

Episode 9: Enhanced enforcement risks under anti-espionage and data security regime (China)

In our ninth episode, Doug Davison is joined by Ellen Zhang (partner) and Michael Lamson (counsel) from the Litigation, Arbitration and Investigation group, along with Alex Roberts (counsel) from the TMT group in the PRC. They delve into China's newly revised Anti-Espionage Law, its implications for data security, and the potential impact on multinationals with connections to mainland China. They discuss increasing interest by multinational organisations on the enhanced risks stemming from recent changes to the PRC data security regime and the uptick in investigations and enforcement by PRC authorities against non-PRC entities.

To listen to all episodes in this series, visit our The Most Important Issues in Business Crime podcast series.

EU Green Bond Regulation: ESMA external reviewer regime // Capital Markets

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.

EU Green Bond Regulation: securitisations // Capital Markets

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.

EU Green Bond Regulation: opt-in disclosure regime for other green bonds and green SLBs // Capital Markets

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.

EU Green Bond Regulation: transparency requirements for EU GB labelled bonds // Capital Markets

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.

Within the Sandbox // Fintech

Episode 8: Crypto Facto with Josh Klayman

In this episode of Crypto Facto with Josh Klayman, Signum Growth CEO and Founder Angela Dalton returns for a discussion of the Financial Stability Board’s latest crypto report, a new digital asset market structure bill, litigation over AI IP rights, the changing tide for NFTs in video games, and an NFT with the potential gamify your life. Listen to Josh’s and Angela’s hot takes now.

To listen to all episodes in this series, visit our Crypto Facto webpage.

European Union Foreign Investment Operational Practice // Foreign Investment

Episode 6: Global Foreign Investment Podcast Series

Christoph Barth sits down with Damien Levie, who heads up the unit on Technology & Security, FDI Screening in the Directorate-General for Trade at the European Commission, to discuss how the EU FDI Screening Mechanism is working in practice, and prospects for reform. 

Topics covered include:

• The organisational set-up of the EU FDI Screening Mechanism and how it has developed in practice
• Interaction between the European Commission and the Member States
• Process, transparency and duration of reviews
• Potential harmonisation of activities which should / should not be caught by FI regimes
• Possible reforms as a result of the Commission’s current consultation

To listen to all episodes in this series, visit our Linklaters Global Foreign Investment Podcast Series webpage.

Greenwashing vs Greenhushing: Lessons learned and practical tips for Asia businesses // ESG

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. 

EU Green Bond Regulation: EU green bond label and taxonomy alignment // Capital Markets

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.

EU Green Bond Regulation: what is this all about // Capital Markets

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.

The Mariana Dam case and more // Litigation, Arbitration and Investigations

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.

Updating Luxembourg’s fund rulebook // Investment Funds

Episode 1

Keep up with the revamp on modernisation of the Luxembourg Legal Investment Funds framework.

Find out more either through clicking on our interactive brochure or watching this video where Silke Bernard, global investment funds partner and Claire Prospert, investment funds partner shares their views.

View this podcast on our dedicated webpage.

The Ripple Effect // Fintech

Episode 7: Crypto Facto with Josh Klayman

In this episode, Josh and guest colleague, Jeff Cohen, Capital Markets Partner at Linklaters New York, discuss the surprising ruling in the Ripple case, the important findings and what happens next for the crypto industry. Listen to Josh and Jeff’s hot takes now and who they think is the big winner in all of this.

To listen to all episodes in this series, visit our Crypto Facto webpage.

July 2023: How will PSD3 modernise payments?

Episode 31: Payments Monthly

The European Commission has released draft legislation which aims to reshape payments regulation in the EU. In this episode Andreas van Impe and Frances Hodgkins give their reaction to the PSD3 proposals.

National Security-Related Corporate Criminal Enforcement // Business Crime & Investigations

Episode 8: National Security-Related Corporate Criminal Enforcement

In our eighth episode, Doug Davison is joined by Alison Saunders and Meredith Riley. They talk about the the U.S. Department of Justice’s recent shift toward pursuing national security-related corporate crime, and how it compares to enforcement developments outside the U.S.

Insurance and Pensions Regulation – the year (so far) in review // Regulatory Insurance

Episode 1: Inside Out

Looking for a round-up of the main changes in insurance and pensions regulation over the last six months, and what’s ahead in the second half of 2023? Listen to the first episode of our half-yearly podcast, brought to you by Alastair Holt, Seb Barling and Jimi Piggott from Linklaters’ Financial Regulation Group.

The EU Green Bond Regulation and Securitisation // ESG

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.

WINS: Women IN Sports with Torie Hamilton Wilson // Sports

Episode 3: WINS: Women IN Sports

Speakers: Georgina King, Torie Hamilton Wilson

In episode three of WINS, Georgina King welcomes Torie Hamilton Wilson from the Ankura Sports Advisory Practice to the podcast to discuss their connection to sport (both at work and personally), differences in valuations between women’s and men’s sports and how the growth of women’s sport might impact private investment in this space.

June 2023 - How crypto marketing is becoming tougher // Fintech

Episode 30: Payments Monthly

The UK is adding cryptoassets to its financial promotion regime. Harry Eddis, Olivia Murphy and Simon Treacy look at the lawful routes to marketing cryptoassets and the tough new rules that crypto ads must comply with.

M&A Regulatory Review // AFIG

Summer’s Top Antitrust and Foreign Investment Stories 2023

This covers merger control, foreign investment and foreign subsidies.

Antitrust Enforcement Review // AFIG

Summer’s Top Antitrust and Foreign Investment Stories 2023

This covers conduct issues, including cartel and dominance enforcement and digital regulation.

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.

Disruptors Get Disrupted // Fintech

Episode 6: Crypto Facto with Josh Klayman

In this episode of Crypto Facto with Josh Klayman, Josh is joined by Angela Dalton, CEO and founder of Signum Growth. Josh and Angela dive deep on the intersection of crypto and AI with video games, and the related impact on blockchain and Web3.

How are companies getting gamers to overcome their initial skepticism of crypto and NFTs in games? What can AI bring to interoperability in video games? Will crypto and AI in video games lead us to Web3? How will generative AI impact blockchain beyond video games? What liabilities and protections apply to content created by AI? 

Listen to Josh and Angela’s hot takes now.

We like to tranche it – with Albert // DSP

Episode 2 (Season 2): Tranche Up 

In the second episode of the second season of Tranche Up, Leanne Banfield and Ruhi Patil chat with Albert Ferreiro Castilla from Banca Sabadell on emerging asset classes in the Spanish market and motivations underpinning SRT transactions.

To listen to the full series, visit our Tranche Up webpage.

 

We like to tranche it – with Alan // DSP

Episode 1 (Season 2): Tranche Up

In the first episode in the second season of Tranche Up, Leanne Banfield and Ruhi Patil kick off by welcoming Alan Ball from The Texel Group to the podcast. Join us to hear from an expert in the credit insurance space and how the role of brokers is becoming more relevant in the SRT market.

To listen to the full series, visit our Tranche Up webpage.

WINS: Women IN Sports with Jordan Williamson // Sports

Episode 2: WINS: Women IN Sports

Speakers: Georgina King, Jordan Williamson

In episode two of WINS, we welcome Jordan Williamson from CSM Sport & Entertainment to the podcast and discuss their connection to sport and their experience around brand management, events and campaigns in the industry.

Welcome to WINS: Women IN Sport // Sports

Episode 1: WINS: Women IN Sport

Speakers: Georgina King, Shamin Choudhury

In the first episode, WINS host Georgina King welcomes Shamin Choudhury to the podcast to speak about market developments in the sports space and introduce the listeners to what they can expect from upcoming episodes. 

Greenwashing from a UK regulatory perspective – the CMA and the ASA // ESG

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.

Greenwashing from a UK regulatory perspective – the FCA and the FRC // ESG

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. 

EU CSRD demystified - value chain // ESG

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.

EU CSRD demystified - double materiality // ESG

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.

Antitrust Dawn Raids // Investigations

Episode 3: Investigation Insights

In this episode, Doug Tween, Sima Ostrovsky and Kaan Gürer discuss surprise inspections relating to antitrust concerns, known as Dawn Raids.

For further information on dawn raids, visit our dedicated web page where you will find details of our dawn raid app mentioned in the podcast. You can also get in touch with us to customise the app to your organisation and access premium content.

Optimising and testing for customer understanding: insights from Fairer Finance // Consumer Duty

Episode 16: Optimising and testing for customer understanding: insights from Fairer Finance

We interview special guest James Daley (founder of Fairer Finance) about practical ways you can meet the Consumer Duty’s customer understanding outcome.

You’ll learn about the Duty’s requirements for customer communications and understanding, simple and effective tips and tricks to optimise your communications content and strategies for customer understanding, and ways you can test how your communications are measuring up.

This episode features Sara Cody (counsel) and Duncan Campbell (senior associate) in our London financial regulation team.

Fairer Finance provides research and ratings of customer experiences and products.  It campaigns for a fairer financial services market, and its consultancy arm helps some of the UK’s largest financial services firms to communicate more clearly with their customers.

As referenced in the episode, here’s the ABI/Fairer Finance’s February 2023 guide to clear communication.

And visit Linklaters’ Consumer Duty webpage for all our insights on the Consumer Duty including our podcasts offering legal insights and thought-provoking cross-disciplinary conversations.

EU CSRD demystified - What are the ESRS and what do they require? // ESG

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.

User experience ”dark patterns” and ”light patterns”: insights from Lighthouse // Consumer Duty

Episode 15: Insights from Lighthouse

We interview special guest senior user experience (UX) designer Dan Burgess from leading UX/UI design agency Lighthouse about how you can avoid, and use, UX "patterns" to meet the FCA's Consumer Duty expectations.

UX "patterns" are a powerful tool for you in meeting the FCA's expectation that firms account for customers' cognitive and behavioural biases that may compromise their financial decision-making.

You may have heard about nudges, sludge and friction. But we go further.  You'll discover five key categories of "dark patterns" from least to most dark and understand how financial services firms can spot and avoid them.

You'll learn how to flip dark patterns on their heads - creating "light patterns" that you can use to support good outcomes for your customers.

This episode features Duncan Campbell (senior associate) and Connie Faith (associate) in our London financial regulation team.

Lighthouse is a specialist UX and UI design agency based in London, working with product teams since 2008. Explore their audit service which gives you expert eyes on your product interface, rapidly generating actionable improvements.

And visit Linklaters’ Consumer Duty webpage for all our insights on the Consumer Duty including our podcasts offering legal insights and thought-provoking cross-disciplinary conversations.

This episode references previous episodes in our podcast series. Click here to listen to our interview with the "Nudge Unit" on cognitive and behavioural biases, and click here to listen to our previous interview with Lighthouse on key principles of good user experience design.

EU CSRD demystified - Scope and timing // ESG

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.

User experience design and the Consumer Duty: our interview with Lighthouse // Consumer Duty

Episode 14: Our interview with Lighthouse

In this episode we interview special guest Tom Johnson from UX/UI design agency Lighthouse for his insights into user research and user experience design to meet the FCA's Consumer Duty expectations.

 

We explain how these disciplines are important in the context of all four Consumer Duty outcomes and to avoiding foreseeable harm to customers.  Tom introduces us to user experience design, sets out how to research your customers to inform your design, and explains five key design principles that can be practised by people across your organisation - not just design teams.

 

This episode features Duncan Campbell (senior associate) and Connie Faith (associate) in our London financial regulation team.

 

Lighthouse is a specialist UX and UI design agency based in London, working with product teams since 2008.  Explore their audit service which gives you expert eyes on your product interface, rapidly generating actionable improvements.

 

And visit Linklaters’ Consumer Duty webpage for all our insights on the Consumer Duty including our podcasts offering legal insights and thought-provoking cross-disciplinary conversations.

EU CSRD demystified - What is this all about // ESG

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.

Return of the “Ugly Baby” // Fintech

Episode 5: Crypto Facto with Josh and Jonathan

In this episode, Josh and Jonathan weigh in on the SEC’s charges against Bittrex, Gary Gensler’s House hearings, the reintroduction of a federal stablecoin bill, MiCA’s passage, Yuga Lab’s trademark victory, and Taylor Swift’s good sense about FTX.

Did Gensler change his mind about proof of work and Algo, or is the SEC throwing tokens at the wall until a case against Coinbase sticks? Why wouldn’t Gensler tell the House if Ether is a security or not? Does the very same stablecoin bill that was dubbed an “ugly baby” last September have any chance at succeeding now? Will the EU’s passing of MiCA lure crypto business away from the US and UK? In the absence of federal legislation in the US, will the courts become the real regulators of digital assets? Listen to Josh and Jonathan’s hot takes now.

What does the Financial Action Task Force’s grey listing of South Africa mean? // Business Crime & Investigations

What does the Financial Action Task Force’s grey listing of South Africa mean?

In this podcast, members of our Global Business Crime team and alliance partner Webber Wentzel talk about what South Africa’s addition to the Financial Action Task Force’s grey list means for companies with businesses or investments in South Africa. 

In particular, they cover:

• What it means to be grey-listed by FATF.
• The actions South Africa needs to take, and is taking, to come off the list.
• What the grey-listing might mean for investment into the region and the practical implications for organisations with a presence there.
• How the grey-listing compares to other countries that are working on similar improvements to their AML regimes.
• The reporting obligations for organisations in South Africa.

Interview with the “Nudge Unit”: behavioural biases and the Consumer Duty // Consumer Duty

Episode 13: The FCA’s Consumer Duty

In this episode we interview special guest Ruth Persian from the Behavioural Insights Team (BIT, unofficially the “Nudge Unit”) for her insights into what is perhaps the most interesting and least understood aspects of the Consumer Duty: the requirement to consider behavioural biases.  

Ruth explains behavioural biases and the behavioural insights approach, how these biases impact financial decision-making, and how firms can take these biases into account when implementing the Consumer Duty.

This episode features Sara Cody (counsel) and Duncan Campbell (senior associate) in our London financial regulation team.

BIT is a social purpose company using behavioural science and rigorous evaluation methods to help people and communities achieve better outcomes.  Visit their website to learn more or read their blog post on how a behavioural insights approach can help firms meet the requirements of the consumer duty'.

And visit Linklaters’ Consumer Duty webpage for all our insights on the Consumer Duty.

April 2023 - How a more powerful FCA will impact payments // Fintech

Episode 29: Payments Monthly

The FCA is in line to get new rule-making powers over payments firms. But why does the FCA need these powers? Jean Price, Frances Hodgkins and Simon Treacy discuss how they could be used to settle a debate about whether payments firms hold customer funds on trust.

Information exchange between firms: an interview with AssetQ // Consumer Duty

Episode 12: The FCA’s Consumer Duty

In this episode, we speak with Richard Green from AssetQ about the obligations firms have under the Consumer Duty to monitor, gather and exchange information with others in their distribution chains.  We cover a brief outline of the key data and monitoring obligations under the Duty, high level guiding principles, examples of specific data points you might want to consider for each of the four outcomes, some thoughts on monitoring and assurance, and exchanging information with others in the chain. 

This episode features counsel Sara Cody and senior associate Duncan Campbell, both from Linklaters' financial regulation team in London.

Click here to learn more about AssetQ’s offering.

And visit Linklaters’ Consumer Duty webpage for all our insights on the Consumer Duty.

Choke Point or Turning Point? // Fintech

Episode 4: Crypto Facto with Josh and Jonathan

In this episode, Josh and Jonathan discuss The New York Times' scathing article against crypto mining — and Riot’s compelling rebuttal, Ethereum’s Shanghai/Capella upgrade, the Treasury's DeFi Illicit Finance Risk Assessment, a California federal court’s bZx DAO ruling recognizing the existence of a general partnership and a negligence theory of liability, and the new report detailing FTX's mismanagement. Does crypto mining really have an outsized burden on the environment and energy consumers? Is the U.S. government, potentially with help from the media, effectively banning crypto in an organized effort, dubbed "Operation Choke Point 2.0"? What will happen to the price and regulation of Ethereum now that people are able to withdraw the ETH they've staked? Would the implementation of illicit finance checks be a death knell for DeFi? Can DAOs really protect themselves from liability? How did FTX get so big without basic business policies and procedures in place? Listen to Josh and Jonathan's hot takes now.

Lessons learnt from Silicon Valley Bank UK – What lies ahead for bank recovery and resolution? // Banking

The resolution of Silicon Valley Bank UK Limited (SVBUK) was the first time since 2009 that the Bank of England put a bank into resolution.  As the dust settles, regulators and the market are assessing the meaning of this resolution for financial services regulation.  

In this episode, our resolution specialists Edward Chan, Bobby Butcher and Elli Karaindrou lift the bonnet on SVBUK, the resolution weekend and what this might mean for UK resolution and the regulation of smaller banks in the future.

Regulators Hook the Big Fish // Fintech

Episode 3: Crypto Facto with Josh and Jonathan

In this episode, Josh and Jonathan discuss the “what’s happening?,” “why now?” and “what’s next?” of the Coinbase Wells notice, the CFTC enforcement action against Binance, and the SushiSwap SEC subpoena and proposal to Sushi DAO to create a legal defense fund. What’s behind the sudden rush of enforcement? Why is the SEC coming for Coinbase despite its reported efforts to “come in and register”? Is the CFTC still “cool with crypto” or is the tide changing? Will the SEC and DOJ pile onto Binance next? Are VCs enforcement targets? Can DAOs avoid the liability they were designed to circumvent? Listen now for Josh and Jonathan’s hot takes.

March 2023 - Another FCA Dear CEO letter to payments firms // Fintech

Episode 28: Payments Monthly

The FCA is still concerned about compliance standards at payments and e-money firms. Pansy Wong, Harry Eddis and Simon Treacy talk about what firms need to do in response to its latest warning shot to the sector.

The future of the SFO // Investigations

Episode 2: Investigation Insights

In this episode, Alison Saunders, Elly Proudlock, James Phoenix and Rachel Metcalf discuss the successes and failures of the U.K. Serious Fraud Office during Ms Osofsky’s tenure and consider the business crime investigations landscape in 2023 and beyond.

The Unbanking of Crypto // Fintech

Episode 2: Crypto Facto with Josh and Jonathan

In this episode, Josh and Jonathan unpack the recent collapse of Silicon Valley Bank, Signature Bank, and Silvergate Bank. With the three banks most associated with digital assets no longer up and running, has crypto been unbanked for good? Did Jerome Powell himself set the first domino in motion? Did VCs pressure the government into covering their deposits? What could have been if they hadn’t? How will this impact future digital asset and banking regulation? While the downfall of these banks highlight some negative realities of fractionalized reserve banking, could this be crypto’s moment to shine? Listen to Josh and Jonathan’s hot takes now.

Everything but Bitcoin // Fintech

Episode 1: Crypto Facto with Josh and Jonathan

In the inaugural episode of Crypto Facto with Josh and Jonathan, our hosts tackle the SEC’s latest signaling on digital asset regulation and enforcement. Does SEC Chair Gary Gensler plan to treat everything but Bitcoin as a security? Under the proposed amendments to the Custody Rule, who will qualify as a custodian of digital assets? Is the SEC coming for staking as a service, layer ones and other token issuers, and even NFTs? Listen now for Josh and Jonathan’s hot takes.

Living in a material world // Business Skills

Episode 11: The Linklaters Ideas Foundry

Dr Harriet Shortt and Ian Rodwell

The pandemic helped many of us realise that where we work affects how we work. And as organisations reconfigured offices and workplaces to facilitate hybrid working, it became even clearer that the material spaces in which we work matter. They have the power to influence our creativity, productivity, emotions and even our sense of identity. In this conversation with Dr Harriet Shortt, Associate Professor in Organisation Studies at the University of the West of England, we explore homeworking, open plan offices, hot-desking and the joy of mundane workplace objects. And, in an organisational world seemingly governed by Zoom and Teams, we discuss why physical space still has a crucial role to play. 

Financial reporting and enforcement trends in the professional services industry // Business Crime & Investigations

Episode 7: The Most Important Issues in Business Crime podcast series

In our seventh episode, Doug Davison is joined by guests Rebecca McGregor and Michael Lamson. Together they discuss the increased regulatory focus on financial reporting and enforcement trends in the professional services industry.

March 2023 - What next for UK crypto regulation? // Fintech

Episode 27: Payments Monthly

2023 is set to be a pivotal year for the regulation of cryptoassets. In our latest payments podcast, Harry Eddis, James Morris and Simon Treacy provide an update on how the UK government plans to regulate stablecoins and other cryptoassets.

Enforcement trends in 2023 // Investigations

Episode 1: Investigation Insights

In the first episode, Sandeep Challa, Clare McMullen and Nik Kiri from our Financial Regulation Group and Gavin Lewis from our Dispute Resolution practice talk about the key financial services enforcement trends for the coming year.

Interview with Samaritans on vulnerable customers // Consumer Duty

Episode 11: The FCA’s Consumer Duty

In this episode we interview special guest Jason Jaspal (Samaritans) for Samaritans’ insights on what firms can do in practice to support vulnerable customers, in the context of the Consumer Duty’s customer communication and support outcomes and its new enforceable rules about vulnerable customers.

This episode features Connie Faith (associate) and Duncan Campbell (senior associate) in our London financial regulation team.

Visit samaritans.org/step or email step@samaritans.org to find out more about how Samaritans Training and Engagement Programmes (STEP) can support organisations to train their people and teams to spot and support anyone struggling to cope.

And visit Linklaters’ Consumer Duty webpage for all our insights on the Consumer Duty.

The Evolving Investment Canada Act: Practical Tips for Parties and Counsel // Foreign Investment

Episode 5: Global Foreign Investment Podcast Series

Neil Hoolihan sits down with Katherine Burke, Director General of Canada’s Investment Review Branch; and Julie Soloway, Co-chair of the Competition, Antitrust, and Foreign Investment practice at Canadian law firm Blake, Cassels & Graydon; to discuss forthcoming changes to the Investment Canada Act and the practical implications for parties and counsel.

Topics covered include:

• Anticipated changes to the Investment Canada Act
• Transparency of the ICA review process
• Ways parties can help make the process more efficient and effective
• Issues to be considered at the outset of a transaction and addressed in transaction agreements 

Implementation plans - the FCA’s feedback // Consumer Duty

Episode 10: The FCA’s Consumer Duty

In this podcast episode we count down the top five messages from the FCA's feedback on firms' implementation plans.  We discuss uplift to your existing arrangements, seeking expert input and independent assurance, prioritising your implementation workstreams effectively, making cultural change, and taking a rigorous approach to monitoring. This episode features Sara Cody (counsel) and Duncan Campbell (senior associate) in Linklaters' London financial regulation team. Visit our Consumer Duty webpage for all our insights on the Consumer Duty.

Issues in handling whistleblower allegations – Hong Kong and Singapore // Business Crime & Investigations

Episode 6: The Most Important Issues in Business Crime podcast series

In our sixth episode, US DR partner Doug Davison is joined by guests Singapore DR partner Jelita Pandjaitan and Hong Kong DR partner Andrew Chung. Together they discuss current issues in handling whistleblower allegations including what this can mean for corporations, boards, executives and employees across Hong Kong and Singapore.

Good Intentions // Business Skills

Episode 10: The Linklaters Ideas Foundry

Dr Rob Archer and Ian Rodwell

The New Year is a time for good intentions, but how can we develop high-performance routines that both work and last beyond the dreary days of January? Who better to ask than Dr Rob Archer,  a psychologist specialising in helping organisations and individuals build resilience, improve mental health and sustain high performance. In this episode we explore a range of topics including the difference between good and bad stress, the dangers of flat-line working, the benefits of setting boundaries and the secrets that businesses can learn from athletes. So if your New Year’s resolutions are to gain more focus, energy and balance (or simply to listen to more podcasts!), then this episode is definitely for you.

• Satchin Panda – The circadian code
• Cal Newport — Deep work
• Alex Pang — Rest
• Rob Archer — www.highperformanceroutines.com

We like to tranche it – with Frank and Matt // DSP

Episode 8: Tranche Up

In the final episode for this season of Tranche Up, we welcome Frank Benhamou and Matthew Humphrey from Barclays to the podcast. Join us to hear about Barclays’ long-running SRT programme (Colonnade) and their unique position as a mature and active repeat issuer in the SRT market.

To listen to the full series, visit our Tranche Up webpage.

If on a Winter’s eve… // Business Skills

Episode 9: The Linklaters Ideas Foundry

Paul Lewis and Ian Rodwell

…you find yourself snowbound and in need of a good read to pass the time, then listen to Paul Lewis, Linklaters Managing Partner, talking about the books that have shaped both his career and his ideas on leadership, motivation and the role of a lawyer.  In this festive special, we discuss, among others, All that glitters: the fall of Barings, Quiet, Eleven rings and Drive —and, stepping out of the world of business, we also explore the poetic influence of Dylan Thomas and Catatonia’s Cerys Matthews.

Key sources for this episode include:

• John Gapper —  All that glitters: the fall of Barings
• Nichola Dunbar — Inventing money: the rise and fall of Long-Term Capital Management
• Dan Pink — Drive: the surprising truth about what motivates us
• Phil Jackson — Eleven rings
• Susan Cain — Quiet: the power of introverts in a world that can’t stop talking
• Martin Seligman — Flourish
• Dylan Thomas — Under Milk Wood
• Cerys Matthews — Myfanwy (from the album, TIR)

In conversation with Montagu #3 // Factoring ESG into portfolio management

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. 

In conversation with Montagu #1 // The what, the why and the journey so far

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. 

In conversation with Montagu #2 // Setting science-based targets

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.

Biodiversity and COP15: the Big Picture // ESG

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.

#LetsTalkESG // ESG Episode 6: #LetsTalkMiddleEast Series

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.

#LetsTalkESG // ESG Episode 5: #LetsTalkMiddleEast Series

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.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 7: South Korea

Episode 7 – South Korea

Sanghoon Shin from Bae, Kim & Lee LLC shares with Marcus Pollard the key antitrust updates in South Korea, following a series of key amendments made to the Monopoly Regulation and Fair Trade Act, including a new form of injunctive relief – a milestone development in Korean private antitrust enforcement. Following the theme of active enforcement actions in the digital economy continues across Asia, our experts share some predictions on the regulators’ approach to digital platforms regulation under the Yoon administration. Tune in and get up to speed with what you need to know as the next wave of changes comes in one of the largest Asian economies.

The UK’s Economic Crime Bill // Business Crime & Investigations

Episode 5: The Most Important Issues in Business Crime podcast series

In our fifth episode, US DR partner Doug Davison is joined by guests Rachel Metcalf and James Bowen to discuss the UK’s recently published Economic Crime Bill and its aim to crack down on economic crime and improve transparency over corporate entities. They also discuss the important developments for corporations, boards and executives and employees flowing from that.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 6: Mainland China

Episode 6 – China

Fay Zhou and Arthur Peng discuss with Marcus Pollard about the key amendments made to China’s 14-year-old anti-monopoly law. Zooming into merger control, anti-competitive agreements, and penalties, our experts share their insights into the rationale and implications of the revisions, such as the introductions of a “stop-the-clock” mechanism for merger review, a safe harbour for vertical agreements and personal liability for substantive violations, to name a few. Listen now to stay on top of these exciting developments that transform the country’s competition law landscape and stay ahead of the compliance curve in ever changing times.

#LetsTalkESG // ESG Episode 4: #LetsTalkMiddleEast Series

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.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 5: Australia

Episode 5 – Australia

Felicity McMahon and Rosannah Healy, from our integrated alliance partner Allens, joins Marcus Pollard in discussing how the competition landscape in Australia has already shifted under the new government as it ramps up its efforts to enhance enforcement of competition and consumer laws. Our experts share the significant changes they anticipate to see, including on the country’s voluntary merger control regime and attempts to regulate digital platforms. Listen now and keep up with the changes on the horizon for one of the most established competition regulators in the region.

Scoping for asset managers // Consumer Duty

Episode 9: The FCA’s Consumer Duty

In this podcast episode we work through case studies illustrating Consumer Duty scoping for asset managers.  We discuss discretionary management on a delegated basis, pensions schemes, and investment trusts.  This episode complements our November webinar on Consumer Duty scoping and setting up implementation for success.

This episode features Duncan Campbell (senior associate) and Clare Wiles (associate) in Linklaters' London financial regulation team. If you would like to discuss any aspect of the Consumer Duty or you would like to explore how we can help you navigate the implementation process, please contact Sara (Sara.Cody@linklaters.com), Duncan (Duncan.Campbell@linklaters.com) or any of your Linklaters contacts.

This episode complements our November webinar on Consumer Duty scoping and setting up implementation for success. Visit our Consumer Duty webpage for a recording of this webinar and all our other insights on the Consumer Duty.

Scoping for wholesale firms // Consumer Duty

Episode 8: The FCA’s Consumer Duty

In this podcast episode we work through case studies illustrating Consumer Duty scoping for wholesale firms.  We discuss the implications of the definition of "retail customer" and opting up, where you might rely on the relevant exemptions including ECM, DCM and retail structured products, and being in a "distribution chain" and consequences for custody services.

This episode features Sara Cody (counsel) and James Morris (managing associate) in Linklaters' London financial regulation team. If you would like to discuss any aspect of the Consumer Duty or you would like to explore how we can help you navigate the implementation process, please contact Sara (Sara.Cody@linklaters.com), Duncan (Duncan.Campbell@linklaters.com) or any of your Linklaters contacts.

This episode complements our November webinar on Consumer Duty scoping and setting up implementation for success. Visit our Consumer Duty webpage for a recording of this webinar and all our other insights on the Consumer Duty.

#LetsTalkESG // ESG Episode 3: #LetsTalkMiddleEast Series

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.

The use of Holdco PIK in restructuring // Restructuring & Insolvency

Episode 7: R&I Soundbites

In this seventh episode of our R&I soundbites series, our partner Nicholas Le Masurier and counsel Paul Sidle discuss the use of Holdco PIK (payment-in-kind) as a recent trend in restructurings. Nick and Paul provide an overview of the key features of Holdco PIK, explain why there has been an increase in its use, and consider the issues and risks associated with this instrument.

#LetsTalkESG // ESG Episode 2: #LetsTalkMiddleEast Series

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.

Nostrum’s scheme of arrangement // Restructuring & Insolvency

Episode 6: R&I Soundbites

In this sixth episode of our latest R&I soundbites series, our partner Juliana Leite de Barros and counsel Paul Sidle take a look at Nostrum Oil & Gas PLC's scheme of arrangement and consider the impact that sanctions have on restructurings

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 4: Thailand

Episode 4 – Thailand

Conversations on ASEAN continue in this episode, where Marcus Pollard joins our Bangkok team, Sutthipong Koohasaneh and Sonya Kalnin to share their views on the enforcement focus of the Trade Competition Commission of Thailand – zooming into issues in the digital economy and updates on Thai merger control regime. Our experts on the ground share their insights on some distinctive characteristics of the regulator’s enforcement, against the backdrop of the ongoing consultations to enhance the country’s Trade Competition Act. Tune in and stay on top of the developments that keep the TCCT busy as Thailand has emerged as one of the key competition law jurisdictions in Asia.

Celsa’s restructuring // Restructuring & Insolvency

Episode 5: R&I Soundbites

In this fifth episode of our latest R&I soundbites series, our managing associate Sara Arriaza and counsel Paul Sidle discuss the restructuring of Spanish steelmaker Celsa and how it will test the recent legislative changes to Spanish insolvency law, which transpose the European Directive on preventive restructuring frameworks.

 

#LetsTalkESG // ESG Episode 1: #LetsTalkMiddleEast Series

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.

Hong Kong Airlines’ dual Hong Kong-UK restructuring // Restructuring & Insolvency

Episode 4: R&I Soundbites

In our latest R&I soundbites series, we will explore a range of topics and case studies that are front of mind in the restructuring market. In this first episode, our partner Damien Gomez and counsel Paul Sidle discuss the restructuring of Hong Kong Airlines, which involves a parallel Hong Kong scheme of arrangement and a UK Part 26A restructuring plan. They delve into potential issues and challenges in relation to the Cape Town Convention and what this means for future restructurings in the aviation sector.

Corporate Crime Prosecutions in the US – New Policy Updates // Business Crime & Investigations

Episode 4: The Most Important Issues in Business Crime podcast series

In our fourth episode, Doug Davison, Richard Smith, Alison Saunders and Adam Lurie examine the recently announced initiatives by the US Department of Justice to crack down on corporate crime.

We have also published a client note on this development, available here.

October 2022 - Consumer Duty update // Fintech

Episode 26: Payments Monthly

The FCA has finalised its plans for a new Consumer Duty. Harry Eddis, Olivia Murphy and Simon Treacy highlight what’s changed since the draft rules and other points of interest for payment and e-money institutions.

In their discussion, they consider scoping issues including through the lens of some specific e-money and payments scenarios, as well as touching on implementation plans and ongoing monitoring.

For more resources on the Consumer Duty including a recording of our November 2022 webinar on scoping, visit our Consumer Duty webpage.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 3: ASEAN

In this episode, Linh Bui from Allens’ Ho Chi Minh City office and Yolanda Hutapea from our formal association firm in Indonesia, Widyawan & Partners, joins Kathleen Gooi in bringing you an overview of the antitrust developments in the ASEAN region. Zooming into Vietnam, Indonesia, Malaysia and Singapore, our experts share their insights into the common themes antitrust regulators are actively looking at, including the anti-competitive conduct in the livelihood and digital sectors, as well as the notable features and trends of these very diverse merger control regimes. Listen now and get up to speed with the countries’ latest competition law landscape as they emerge as the key antitrust jurisdictions in Asia.

Crafty Tales // Business Skills

Episode 8: The Linklaters Ideas Foundry

Ben White and Ian Rodwell

Many of us wistfully speculate about trying something completely new.  Could we/should we forsake the day job to follow our passions and enthusiasms? Well, Ben White is someone who did exactly that. With a whole drawerful of ideas and business plans, he stepped away from the roles of private practice lawyer and then in-house counsel, to found the collaborative legal community, Crafty Counsel. In this episode, Ben talks about the lure of being an entrepreneur, the key things he’s learnt (and would maybe have done differently) and why he’s (not entirely) giving up on the idea of a Chilean distillery. For anyone thinking of setting up a business, in whatever field, Ben’s experiences are essential listening.

Asia Bitesize Antitrust Podcast 2022 // AFIG // Episode 2: India

In this episode, Sonam Mathur from TT&A shares with Marcus Pollard India’s recent antitrust trends and CCI’s strong enforcement focus in the digital sector which goes beyond big tech’s behavioural conduct and increasingly targets their use of consumer data. Our experts share their insights into the Competition Amendment Bill and how it will substantially modernise India’s competition law regime. Tune in and get up to speed with what you need to know about the exciting developments in India, the world’s most robust emerging market that is becoming investors’ new-found favourite.

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.

French insolvency law update // Restructuring & Insolvency

Episode 3: R&I Soundbites

In this podcast, our Paris-based Partner Carole Nerguararian and Associate Etienne Lupuyo provide a comprehensive overview of the recent legislative changes to French insolvency law, which transpose the European Directive on preventive restructuring frameworks. They discuss what these changes mean to different stakeholders and the key points to consider.

Latin America Developments // Business Crime & Investigations

Episode 3: Latin America Developments

In our third episode, US Dispute Resolution Partner Doug Davison is joined by guest Geert Aalbers, Partner at Control Risks – a global specialist risk consultancy – to discuss the current business crime environment in Latin America.

The final rules – your implementation journey begins // Consumer Duty

Episode 7: The FCA’s Consumer Duty

The FCA has now published its final rules implementing a new Consumer Duty. In this podcast episode we highlight key changes from the draft rules and begin to explore what the implementation journey will look like across the spectrum of firms subject to the Duty.

This episode features Sara Cody (counsel) and Duncan Campbell (senior associate) from Linklaters’ Financial Regulation team in London. If you would like to discuss any aspect of the Consumer Duty or you would like to explore how we can help you navigate the implementation process, please contact Sara (Sara.Cody@linklaters.com), Duncan (Duncan.Campbell@linklaters.com) or any of your Linklaters contacts.

ESG Summer School 2022 - ESG disclosure: Human rights disclosures and the link with due diligence // ESG

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.