The Linklaters Podcast

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.

ESG Summer School 2022 - ESG disclosure: Human rights disclosures // ESG

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.

ESG Summer School 2022 - ESG disclosure: TCFD requirements for asset managers in UK // ESG

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.

ESG Summer School 2022 - ESG disclosure: Lessons learnt from TCFD reporting by UK listed companies // ESG

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.

ESG Summer School 2022 - ESG disclosure regimes in Asia // ESG

Episode 9: ESG disclosure regime in Asia

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

ESG Summer School 2022 - ESG disclosure regime in the EU // ESG

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).

ESG Summer School 2022 - ESG disclosure regimes in the UK // ESG

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.

ESG Summer School 2022 - ESG Disclosure: ESG changes to MiFID II product governance regime // ESG

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.

ESG Summer School 2022 - ESG Disclosure: EU SFDR Level 2: loose ends // ESG

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.

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.

ESG Summer School 2022 - ESG disclosures: greenwashing // ESG

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.

ESG Summer School 2022 - ESG disclosures: key drivers for ESG disclosure regimes // ESG

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.

ESG Summer School 2022 - ESG disclosures: UK climate transition plans // ESG

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.

ESG Summer School 2022 - ESG Disclosures: ESG governance // ESG

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.

‘The Summer Special’ - Being artful // Business Skills

Episode 7: The Linklaters Ideas Foundry

Susannah Tresilian, Caitlin Shannon and Ian Rodwell 

What can our organisations learn from the creative worlds of stage, screen and radio? It’s the key question we discuss in our first Ideas Foundry ‘Summer Special’ where we’re joined not by one guest but two — Susannah Tresilian and Caitlin Shannon from The Leadership Collective. Combining coaching and leadership consultancy with acting, radio production for the BBC, screenwriting and stage direction, Susannah and Caitlin share insights on how skills normally associated with the Arts can make a difference to every organisation. So, if you have an interest in managing pressure, retaining authenticity, nurturing ideas, and developing colleagues with poise and compassion, then sit back (or go for a walk!) and listen. Beach not provided…

We like to tranche it – with Adelaide // DSP

Episode 7: Tranche Up

In the seventh episode of Tranche Up, we welcome Adelaide Morphett from Newmarket Capital to the podcast. Join us to hear about ESG and impact investing in the synthetic securitisations space and incentivising positive real world results.

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

Visionary Voices #7 // Diversity

Episode 7: Visionary Voices

In episode seven, we hear from our banking partner, and multiple D&I award winner, Reem Al Sayegh, who talks about the importance of having a ‘yes mindset’ when women initiate conversations about returning to work from maternity leave. Mum, daughter, employer, coach – there are multiple hats that women wear every day, together with the various emotions that accompany them. Reem shares that feeling fearful is one of the many emotions that can take over – her advice: “Embrace it and you will fly”.

Visionary Voices #6 // Diversity

Episode 6: Visionary Voices

In episode six, our capital markets counsel Dalia Nammari, discusses the importance of creating a workplace where individuals not only feel welcome, but respected, heard, seen and valued. Reflecting upon the challenges, victories and defeats she has encountered to achieve success in her field of expertise, Dalia gives advice to women in marginalised communities and minorities on how to call out the bias, so that antibias becomes the ‘new normal’ and not something organisations need to train employees on. 

The lawyer, the coach and the big decision! // Business Skills

Episode 6: The Linklaters Ideas Foundry

Elodie Michaud (founder of Dare&Grow) and Ian Rodwell

Many of us try to bring a bit of coaching ‘magic’ into our day-to-day leadership practice. But what happens if you love coaching so much, you want to devote your life to it? In this episode, Ian talks with Elodie Michaud, a former lawyer in the Linklaters Luxembourg office who now runs her own coaching business. We discuss Elodie’s first steps into coaching, the extent to which lawyers make great coaches (or not…) and how she coached herself through a life-changing decision. So if you are keen to learn more about the art of coaching — or perhaps you are contemplating your own career move? — then Elodie’s story will no doubt both instruct and inspire.

Key sources for this episode include:

• Alison Temperley – Inside knowledge
• John Whitmore – Coaching for performance
• Dave Stachowiak – Coaching for leaders (podcast)

June 2022 - Consumer Duty for payments // Fintech

Episode 25: Consumer Duty for payments

The FCA plans to raise the bar for how firms deal with retail customers. Jean Price, Arjun Lakhani and Simon Treacy work through the different aspects of the FCA’s Consumer Duty and what payments firms should be doing to prepare for it.

Implementing Change at the Committee on Foreign Investment in the United States (CFIUS) // Foreign Investment

Episode 4: Global Foreign Investment Podcast Series

Since 1988, the Committee on Foreign Investment in the United States (CFIUS) has been a leader in conducting national security-focused reviews of inbound foreign investments. In 2018, the scope and process of CFIUS reviews changed dramatically with the enactment of the Foreign Investment Risk Review Modernization Act (FIRRMA), the first change to the law governing CFIUS since 2007.

In the fifth podcast in our series with the leaders implementing foreign investment review processes around the world, Jonathan Gafni, head of Linklaters US Foreign Investment practice in Washington and former member of CFIUS, welcomes Thomas Feddo, founder and principal of Rubicon Advisors. Previously, as Assistant Secretary of the Treasury for Investment Security, Mr. Feddo led CFIUS during its implementation of FIRRMA.

Topics discussed during the podcast include:

• The effectiveness of FIRRMA in meeting CFIUS’s substantive and administrative objectives
• Hurdles encountered during the development of the regulations implementing FIRRMA
• Challenges facing Paul Rosen, Mr. Feddo’s recently confirmed successor as Assistant Secretary for Investment Security
• Proposed U.S. legislation to create a “reverse CFIUS” reviewing national security implications of outbound U.S. investments
• The interplay between sanctions regimes and CFIUS

We like to tranche it - Holger // DSP

Episode 6 

Speakers: Leanne Banfield, Ruhi Patil and Holger Beyer

In the sixth episode of Tranche Up, we welcome Holger Beyer from Alantra to the podcast. Join us to hear about tips and relevant considerations for first time issuers in the synthetics securitisations space.

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

Germany and France Developments // Business Crime & Investigations

Episode 2: Germany and France Developments

In our second episode, Doug Davison, Kerstin Wilhelm and Eléonore Hannezo explore the most important issues involving business crime currently across Germany, France and the EU in general.

Insights and top tips for French foreign investment proceedings from the French Ministry for the Economy // Foreign Investment

Episode 4: Global Foreign Investment Podcast Series

In the past decade, the number of sectors subject to foreign investment control in France has consistently increased, along with the severity of sanctions. This has led to a steady growth of cases reviewed by the Ministry for the Economy, with a new record set in 2021.

In the fourth podcast in our series with global FI regulators, Pierre Guillot, partner at our Energies and Infrastructures Group in Paris, welcomes Marie-Anne Lavergne, Head of the Office in charge of Foreign Investments control at the French Treasury Department of the Ministry in charge of the Economy and Clémence Largé, Deputy to the Head of Office, to discuss recent changes, procedural questions and perspectives.

 

Topics covered include:

• Recent developments of the foreign investment regulation
• Interaction with the EU screening mechanism
• Enforcement rules for foreign investment control
• Perspectives on future changes, including possible guidelines

Getting creative — thinking off the leash // Business Skills

Episode 5: The Linklaters Ideas Foundry

Ali McBurney and Ian Rodwell

Do you ever think that you’re not just creative enough? That being creative is a skill that only a few are blessed with? If so, join us as we debunk a few myths. In this episode, we discuss how creativity is for everyone — whatever your job or role. If you can find ways to do things better, faster and more elegantly, then you’re being creative. We’ll explore what stops us being creative (and how we can sidestep those barriers), look at ways to spark our thinking and explain why thinking like a tortoise may not be such a bad thing.

Key sources for this episode include:

• Guy Claxton — Hare brain, tortoise mind
• John Cleese — Creativity: a short and cheerful guide
• Tim Harford — Cautionary Tales podcast: Bowie, jazz, and the unplayable piano

Out of office // Business Skills

Episode 4: The Linklaters Ideas Foundry

David Pearl (an innovator in business, the arts & social change and the founder of Street Wisdom) and Ian Rodwell

Hybrid, agile, blended — new and exciting ways of working have proliferated over the last two years. And this change has gone hand-in-hand with fevered discussions about the future of the office and how best we connect, communicate and create. In this chat with the ever-fascinating David Pearl, we explore the fate of the humble meeting, ways to create connections at a distance — and how walking away from the screen and into the world outside can spark inspiration and life-changing ideas.

Key sources for this episode include:

• David Pearl – Wanderful and Will there be donuts?
• Street Wisdom

Visionary Voices #5 // Diversity

Episode 5: Visionary Voices

In episode five, corporate managing associate Patrick Sutton-Mattocks speaks with Pia Stucke senior legal counsel at DP World. Pia shared her experience returning to work after becoming a mother and noticing the shift in people’s perceptions, and how it differed across regions. She also talks about the importance of seeking a mentor and ally, and sometimes, how the best allies can come from unlikely places.

We like to tranche it – with David // DSP

Episode 5: Tranche Up

In the fifth episode of Tranche Up, we welcome David Saunders from the Santander Corporate & Investment Banking to the podcast. Join us to hear about the proposed implementation of the Basel IV output floor and its impact on SRT transactions.

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

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.

Visionary Voices #4 // Diversity

Episode 4: Visionary Voices

In episode four, Brooke Lindsay, acting general counsel at e& (formerly known as Etisalat), speaks about championing women in the workplace. Brooke talks to corporate managing associate Claire Neil, through her journey of challenging gender bias and creating diverse teams, and shares her perspective on whether women can “have it all” in both their professional and personal lives.

April 2022 - Becoming authorised // Fintech

Episode 24: Payments Monthly 

Before you can start a regulated business, you need a licence. Jean Price, Olivia Murphy and Simon Treacy talk us through this first step in the life of a payments firm: applying to the FCA for authorisation.

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.

Visionary Voices #3 // Diversity

Episode 3: Visionary Voices

In episode three, we hear from another successful woman, Afshan Akhtar. She is a chief legal counsel at Bahrain Petroleum Company (Bapco), and a passionate advocate to bring wider societal change in her #BreakingTheBias journey. Afshan shares how she encountered age and gender bias and how she overcame them by strengthening relationships. She also emphasises the importance of mentorship and forming allies.

We like to tranche it – with Alessandro // DSP

Episode 4: Tranche Up

Speakers: Leanne Banfield, Ruhi Patil and Alessandro Garelli

In the fourth episode of Tranche Up, Leanne Banfield and Ruhi Patil welcome Alessandro Garelli from the European Investment Fund (EIF) to the podcast. Join us to hear about the EIF’s mission and what makes the EIF a big player in the synthetic securitisations space.

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

Go slow to go fast — leading in complexity and change // Business Skills

Episode 3: The Linklaters Ideas Foundry

Dr Sharon Varney and Ian Rodwell

We often say we live in a ‘complex’ world. But what does that really mean — and how can an understanding of the intriguing world of complexity theory help you lead and perform in a world where change is the only constant? In this episode with Dr Sharon Varney (author of Leadership in complexity and change), we unpack what complexity is (and isn’t), share some practical advice on thriving in a complex world and reveal why, strange though it sounds, going slow can really help you go fast…Curious to learn more? Then take a listen.

Key sources for this episode include:

• Sharon Varney — Leadership in complexity and change: for a world in constant motion
• Daniel Kahneman — Thinking, fast and slow
• De Gruyter — Leadership in uncertain times: learning to lead from the emerging future (webinar)

 

Visionary Voices #2 - Part 2 // Diversity

Episode 2A: Visionary Voices

In part two of  episode two, energy and infrastructure associate Deepika Sriram continues her conversation with Swati Mandava, senior vice president of legal and regulatory at Brookfield Asset Management Inc. Swati encourages women to put themselves first and advocates for limited gendered language to achieve an inclusive workplace.

March 2022 - Trust in payments // Fintech

Episode 23: Payments Monthly

The FCA’s interpretation of e-money safeguarding rules has been dismissed by the courts. Harry Eddis, Frances Hodgkins and Simon Treacy consider what the ipagoo decision means for payments firms.

Visionary Voices #2 - Part 1 // Diversity

Episode 2 - Part 1: Visionary Voices

In part one of the second episode, energy and infrastructure associate Deepika Sriram speaks to Swati Mandava, senior vice president of legal and regulatory at Brookfield Asset Management Inc. Swati shares her experience of working in different jurisdictions, as well as reflects on how specific character traits of women are perceived differently to men and a collective responsibility to question when we spot biases.

We like to tranche it – with Olivier // DSP

Episode 3: Tranche Up

Speakers: Leanne Banfield, Ruhi Patil, Olivier Renault

In the third episode of Tranche Up, we welcome Olivier Renault from Pemberton Asset Management to the podcast. Join us to hear about Olivier’s new role, his take on the development of the SRT market and a snapshot of what features make up a good synthetic securitisation.

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

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.

Visionary Voices #1 // Diversity

Episode 1: Visionary Voices

In this introductory episode, energy and infrastructure associate, Deepika Sriram speaks with Sameera Kimatrai. Sameera shares her career journey into the world of FinTech and corporate life, whilst juggling her duties as a mother to three young girls. She is a Linklaters alumna and senior legal counsel and global head of licensing for a licensed and trusted crypto asset exchange start-up in the Middle East called Rain.

Insights and top tips from the German Ministry of Economic Affairs and Climate Action // Foreign Investment

Episode 3: Global Foreign Investment Podcast Series

In our third podcast Christoph Barth, partner at our Antitrust and Foreign Investment Group in Dusseldorf, welcomes Florentine Kessler-Grobe, Head of Unit for Foreign Investment Screening of the Ministry of Economic Affairs and Climate Action (“MoE”). Together they discuss recent trends, procedural questions and top tips for investors following a record year for German foreign investment control.

Topics covered include:

• Procedural questions and organisation of the MoE’s review process, including the engagement with the EU Screening mechanism
• The likelihood to end-up in an in-depth review and the reasons to open in-depths proceedings
• The interpretation of the newly introduced threshold of atypical control
• The most seen “customers” seen by the MoE in 2021 by industry sector and outlook for 2022
• Top tips from the MoE to navigate through foreign investment cases

Being anti-racist at work // Diversity

Episode 2: Diversity Talks

With Bank of America

Moderator Alice Eady Ketchell (Associate General Counsel, Bank of America) talks to our own Doug Davison (Partner, Dispute Resolution), Richard Smith (Partner, Dispute Resolution) and Tina Green (Director, Bank of America) about the importance and impact of being anti-racist in the workplace. This conversation covers the difference between ‘not being racist’ and being ‘anti-racist’ and the steps we can all take to create an inclusive culture.

The power of employee networks // Diversity

Episode 1: Diversity Talks

With Bank of America

Moderator Alice Eady Ketchell (Director, Bank of America) talks to our own Victoria Koko (Senior BD Manager, Banking) and Ayo Ajaja (Director, Bank of America) about their roles leading the race & ethnicity networks at our respective institutions. This conversation covers what it means to feel a sense of 'belonging', how employee networks can promote inclusion over divisiveness, and why it's important to have people around who look like you.

Welcome to Tranche Up // DSP

Introduction: Tranche Up

Speakers: Leanne Banfield, Ruhi Patil

In the first episode, Tranche Up hosts Leanne Banfield and Ruhi Patil introduce DSP’s first SRT podcast focused on regulatory and market developments in the synthetic securitisations space and offer a glimpse into what listeners can expect from upcoming episodes.

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

We like to tranche it – with Jennifer // DSP

Episode 2: Tranche Up

Speakers: Leanne Banfield, Ruhi Patil, Jennifer Bearden

In the second episode of Tranche Up, we welcome Jennifer Bearden from IACPM to the podcast. Along with Jennifer, we discuss regulatory changes and market trends in the EU, UK and the US markets relating to synthetic securitisations and explore topics that market participants are most likely to focus on in the near future.

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

The art of cross-cultural working // Business Skills

Episode 2: The Linklaters Ideas Foundry

Wenying Li and Ian Rodwell

Anyone working in global organisations, or with clients, suppliers and partners around the world, will know about the challenges and rewards of operating across different cultures. In this episode, we discuss why cross-cultural competence is important and how it can help you in your career. We also explore the key research on cultural dimensions and leave you with some practical ideas that you can immediately put to work.

Key sources for this episode include:

• Erin Meyer – The culture map: breaking through the invisible boundaries of global business
• Geert Hofstede – Cultures and organizations: software of the mind

Two months to go // FRG

Episode 9: Operational Resilience

Clare McMullen, Rebecca Heaysman and Simon Treacy share some feedback from the FCA on firms’ readiness for the UK operational resilience rules.

Clare McMullen, Partner: “You have to remember that the first time the regulator picks up this self-assessment document could be in the wake of an incident.”

Compliance and litigation risks in the event of a cyber attack // Business Crime & Investigations

Episode 10: Global Business Crime Outlook

In our tenth episode, Alison Saunders is joined by Erez Liebermann, Richard Smith and Adam Lurie where they discuss how to respond to a cyber-attack and what compliance and litigation risks you may face when dealing with a cyber-attack.

Digital wellbeing — or how to be ‘smart’ with your smartphone // Business Skills

Episode 1: The Linklaters Ideas Foundry

Nicola Raw and Ian Rodwell

Is your phone the first and last thing you check every day? Do you find yourself constantly reaching for your phone, or worse still, feel uncomfortable when you’re without it? If so, this is the episode for you. Join us as we explore what digital wellbeing is and why it is so crucial to both our work and non-work lives. We delve into the effects of social media on our cognitive processing and look at some practical ways to ensure we are in control of our devices — and not the other way around.

Key sources for this episode include:

• Matthew Walker – Why We Sleep
• Catherine Price – How to break up with your phone
• Ward et al. (2017) ‘Brain drain: The mere presence of one’s own smartphone reduces available cognitive capacity’, Journal of the Association for Consumer Research, 2(2).

January 2022 - The Senior Managers and Certification Regime // Fintech

Episode 22: Payments Monthly

The FCA wants more powers to regulate the conduct of individuals working in the payments sector. In this episode, Nik Kiri, Jean Price and Simon Treacy look at the FCA’s individual accountability regime – the SMCR – and predict how it could be applied to payments and e-money firms.

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.

Foreign investment control in 2022 // Antitrust & Foreign Investment

Episode 5: Antitrust & Foreign Investment Outlook for 2022

2021 was a record year for FDI developments, with expectations that the current proliferation of regimes will continue at pace over the course of 2022. It is ever more important for parties to prepare thoroughly, including by having a detailed understanding of a target’s activities, and consider deal conditionality very carefully whilst watching out for the impact of politics on deals, particularly in hotly contested regional disputes.

Antitrust enforcement and key issues in 2022 // Antitrust & Foreign Investment

Episode 4: Antitrust & Foreign Investment Outlook for 2022

Competition authorities are slowly adjusting their rules to keep pace with on-line consumer rights, with businesses facing more guidance and consistency in their activities. In 2022 we anticipate agencies will start deciding on policy changes and putting them into practice. However, it’s still unclear how far-reaching (and useful) the changes will be for businesses considering collaborative sustainability initiatives with competitors.

Digital antitrust regulation in 2022 // Antitrust & Foreign Investment

Episode 3: Antitrust & Foreign Investment Outlook for 2022

As the world ‘builds back better’ from the pandemic, there has been a renewed push to ensure that markets function effectively. As a result, the lockdown-induced slowdown in enforcement activity has already come to an abrupt end. The tech sector in particular is under pressure, and it is a truth universally acknowledged that a tech giant must be in want of regulation. So reads the hymn sheet for 2022 for virtually every major antitrust authority, who consider them “largely unconstrained” by competition.

 

Merger control in 2022 // Antitrust & Foreign Investment

Episode 2: Antitrust & Foreign Investment Outlook for 2022

Deal making is facing new uncertainties, as acquisitions that can be perceived as stifling future competition are increasingly called-in for merger review, even in the absence of compulsory notifications. Regulators are reacting to a debate on alleged “underenforcement” – in particular, those known as ‘killer acquisitions’. In jurisdictions with a mandatory turnover threshold regime, residual call-in rights are seen as part of the solution to bridge the enforcement gap.

Outlook for 2022 // Antitrust & Foreign Investment

Epsiode 1: Antitrust & Foreign Investment Outlook for 2022

Listen to our Outlook for 2022 podcast, in which partners from across the globe discuss the most important developments and issues we expect to see in 2022. From key trends in merger control and antitrust enforcement to upcoming rule changes for tech businesses, sustainability initiatives and online sales, our expert team share their insights and predictions on some of the main challenges facing your business in 2022.

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.

Crossover credit financings & restructurings: state of the market and look ahead // Banking

In this podcast, Toby Grimstone, Nick Le Masurier and Atish Shah take a look at the challenges faced by corporates and how creditors have reacted since the start of the Covid-19 pandemic. They discuss what the potential market trends in the crossover credit space are and their likely impact on future financings and/or restructurings.

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.

Covid-19 Vaccinations: To mandate or not to mandate in Hong Kong SAR? // Employment & Incentives

In this short podcast, our Head of Hong Kong Employment & Incentives Samantha Cornelius joins Joshua Li, a Managing Associate within the team, in discussing the most typical questions being asked by employers when developing a staff vaccination policy for Covid-19 in Hong Kong SAR, including mandating of vaccines, the underlying legal risks and implications, and the collection of data on vaccination status.

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.

A deep dive into BEIS and the new UK NSI Act // Foreign Investment

Episode 1: Global Foreign Investment Podcast Series

Our first podcast features Nicole Kar, Head of London & Dublin Antitrust & Foreign Investment Group, alongside Chris Blairs, Deputy Director, and Andy Ormerod-Cloke, Head of Policy at the new Investment Security Unit (ISU), BEIS. Together they discuss the operational aspects of the ISU and filings from 4 January once the NSIA takes effect. Topics covered include:

• a deep-dive into the Investment Security Unit – the operational unit within BEIS that will be the front office in handling notifications and call ins under the NSI Act
• the practicalities of filing and how the system will operate to ensure advisors and investors are ready to go from day 1
• remedies and mitigation for ‘problem’ deals
• nuances for e.g. funds that would affect their filings

A comparison of the DPA regimes in the UK and the US and the proposed new regime for Australia // Business Crime & Investigations

Episode 9: Global Business Crime Outlook

In our ninth episode Alison Saunders is joined by Adam Lurie, Elly Proudlock and our guest speaker, Christopher Kerrigan, Partner at Allens in which they discuss the current DPA regimes in the UK and US as well as the proposed new regime for Australia. We also focus on the challenges that the UK and US authorities have faced with DPAs and try to examine what issues a new Australian model might have.

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.

Asset managers’ readiness // FRG

Episode 8: Operational Resilience

Raza Naeem, Clare Wiles and Simon Treacy assess how prepared the UK asset management sector is for operational resilience rules to take effect.

Raza Naeem, Counsel: “At this stage and over the next year or so there’s still time to pin down that legal analysis and recalibrate if necessary.”

Applicable Law // Dispute Resolution

Episode 5: Competition Litigation Podcast Series

In the fifth episode, Tom Cassels and Jason Shardlow-Wrest discuss what ‘applicable law’ means, and how issues of applicable law might arise in competition litigation.

COP26 – Linklaters and the Cultural Sanctuaries Foundation // ESG

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.

Asia Bitesize Antitrust Podcast // AFIG // Episode 8: China

Our China Head of AFIG Fay Zhou together with Arthur Peng shares with Marcus Pollard about the latest Draft Amendments to the Anti-Monopoly Law in China, expected to be the largest set of changes to the country’s competition law since it came into force, as well as other recent highlights developments around SAMR’s draft platform guidelines and the Price Law. Diving into the substantial changes proposed in the Draft, our experts share their views on the implications and what they foresee. Tune in and make sure you stay on top of all these developments under the spotlight and what you should be aware of.

The EU Green Bond Standard: the role of KPIs and Sustainability-Linked Bonds // ESG

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.

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.

Asia Bitesize Antitrust Podcast // AFIG // Episode 7: Vietnam

In this episode, Linh Bui from Allens’ Ho Chi Minh City office is invited to join Marcus Pollard in discussing how the competition landscape in Vietnam has evolved over the recent years under the new law and what they anticipate to come next especially with a new competition enforcer to be established next year. Our experts share the notable features of the country’s current merger control regime and the practical issues to pay attention to in their experience. Listen now and stay on top of the exciting developments leading up to Vietnam’s emergence as a key antitrust jurisdiction on the rise in Asia.

Collective Actions // Dispute Resolution

Episode 3: Competition Litigation Podcast Series

In the third episode, we discuss the rise of collective actions for competition damages claims in the UK, including the Merricks, Le Patourel and boundary fares certification decisions. Sarina Williams and James Hennah are joined by Lesley Hannah from Hausfeld LLP, who provides key insights from a claimant perspective.

The approach in Hong Kong // FRG

Episode 7: Operational Resilience

Sumit Indwar, Eugénie Levy and Kishore Bhindi discuss the SFC’s circular on operational resilience and remote working and how the Hong Kong approach compares with the UK regime.

Sumit Indwar, Partner: “Firms may already have much of this in place, but it will be a case of clearly documenting and flagging those measures as part of their operational resilience plans.”

Asia Bitesize Antitrust Podcast // AFIG // Episode 6: Indonesia

In this episode, our Jakarta-based partner Yolanda Hutapea shares with Kathleen Gooi the latest enforcement priorities of KPPU, the Indonesian antitrust regulator, following the extensive legal reforms under the Omnibus Law, and gives an update on KPPU’s increasing attention in the digital sector and new developments of the country’s post-notification regime including the creation of the largest tech group in Southeast Asia. Listen now and get up to speed with what you need to know when investing in ASEAN’s largest economy.

Two months to go… some tricky issues with the IFPR pay rules // Employment & Incentives

Episode 2: Countdown to IFPR and the new pay rules

How the MIFIDPRU pay code ramps up the requirements, the proportionality threshold for non-SNI firms and some tricky issues with remuneration committees requirements, malus and clawback policies and setting the fixed to variable pay ratio.

October 2021 - Regulating buy-now, pay-later // Fintech

Episode 21: Payments Monthly

In this month’s payments podcast, Harry Eddis, Jean Price and Simon Treacy cover the Treasury’s consultation on buy-now pay-later and one of the team tries out BNPL for the first time.

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.

Asia Bitesize Antitrust Podcast // AFIG // Episode 5: Singapore

Our Asia Head of TMT Adrian Fisher joins Marcus Pollard in a discussion exploring the impact of digitalisation and the increasing interaction between the emerging regulatory winds on data and competition law in Singapore and in the region. Starting with an overview of how both antitrust and privacy regulators are responding actively to the use and protection of consumer data, our experts share their insights on the potential antitrust risks associated with the technology sector’s commercial practice and what the prevalence of “self-preferencing” in recent EU cases can mean to tech businesses in Asia. Listen now and keep up with what the Asian regulators have been eyeing on.

Insurance and Pensions Regulation // Pensions

Episode 1

Earlier this year, the FCA and TPR issued joint guidance for pension scheme trustees and employers on providing support to members without needing to be subject to FCA regulation. In this first episode of our Insurance and Pensions Regulation podcast, John Sheppard, Jean Price and Jimi Piggott take a look at the guidance and discuss how trustees and employers can provide effective at-retirement support to members, without inadvertently carrying out FCA regulated activities.

For more information, contact john.sheppard@linklaters.com, jean.price@linklaters.com or james.piggott@linklaters.com

The key aspects of the newly established European Public Prosecutor‘s Office // Business Crime & Investigations

Episode 8: Global Business Crime Outlook

In our eighth episode Kerstin Wilhelm and Florence Danis discuss the key aspects of the newly established EPPO which was set up on 1 June 2021. They will discuss what the EPPO does, how it is organised and what the future may hold.

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.

LIBOR reform and the transition to RFRs in the loan markets // Banking

Episode 5: IBOR Soundbites

In this podcast, Benedict James and Bobby Butcher discuss recent regulatory and legislative developments in relation to synthetic LIBOR and contractual continuity and consider how they will affect English law loans and linked hedges in the new year. They also discuss the market appetite for Term SOFR based lending and the regulatory guidance around use of that product.

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

In this episode, our Bangkok-based partner Sutthipong Koohasaneh gives an update on Thailand’s merger control regime and shares with Kathleen Gooi about some of the most distinctive characteristics of the Office of the Trade Competition Commission’s enforcement, known to be active in both behavioural matters and merger control review, under the new Trade Competition Act. Listen now and get up to speed on what you need to know about the latest competition landscape in Thailand as it now emerged as one of the key competition law jurisdictions in Asia.

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.

Asia Bitesize Antitrust Podcast // AFIG // Episode 3: Australia

In this episode, Robert Walker and Felicity McMahon, from Allens' Competition, Consumer and Regulatory practice, are invited to discuss with Marcus Pollard the current priorities of the Australian Competition and Consumer Commission and its proposals of implementing changes to the merger regime in Australia. Our experts share their views on the rationale behind, the implications, and the next steps they anticipate to see. Listen and stay on top of the potential transformation of one of the most active and established competition regulators in the region.

The EU Green Bond Standard: what is it? // ESG

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.

The Frensham decision - clarity from the Upper Tribunal? // Contentious Regulatory

Episode 8: Non-financial misconduct and whistleblowing

In this podcast episode we discuss the Upper Tribunal's Frensham decision and the important guidance it provides on when non-financial misconduct involving a lack of personal integrity can impact on an individual's fitness and propriety to perform a financial services role.

This episode features Clare McMullen and Nik Kiri (partners, Financial Regulation, London) and Gavin Lewis (partner, Dispute Resolution, London). For more detail, see our commentary and complete note on the decision.  And for more insights on non-financial misconduct and whistleblowing including a global comparative review and our other podcast episodes, visit our webpage.

Dutch approaches // Contentious Regulatory

Episode 7: Non-financial misconduct and whistleblowing

In this podcast episode we discuss Dutch approaches to non-financial misconduct and whistleblowing in financial services firms. 

This episode features partner Bas Jennen and managing associate Leonard van den Ende both from our financial regulation practice in Amsterdam, and counsel Sara Cody from our financial regulation practice in London.

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

Three months to go… the pay rules // Employment & Incentives

Episode 1: Countdown to IFPR and the new pay rules

A summary of the pay regulations coming in from 1 January 2022 for SNI and Non-SNI investment firms; the MIFIDPRU remuneration code SYSC19G: setting fixed to variable pay ratios, pay out process rules and whether they can be disapplied, governance and malus and clawback.

Asia Bitesize Antitrust Podcast // AFIG // Episode 1: The Asia Patchwork

Over the next 6 weeks we will bring you up to speed on the most recent antitrust and foreign investment developments in key Asia Pacific jurisdictions. To understand how it might impact your business operations and strategic next steps in the region, bookmark our dedicated webpage.

Asia Bitesize Antitrust Podcast // AFIG // Episode 2: Hong Kong SAR

Our Hong Kong competition specialists Kathleen Gooi and Marcus Pollard will give an overview of the key updates and enforcement trends in Hong Kong.

Asia Bitesize Antitrust Podcast brings you up to speed on the most recent #antitrust and #foreigninvestment developments in key APAC jurisdictions. To understand how it might impact your business operations and strategic next steps in the region, bookmark our dedicated webpage.

Impact of the amended ESMA/EBA guidelines // Contentious Regulatory

Episode 6: Non-financial misconduct and whistleblowing

In this podcast episode we discuss the impact on the regulation of non-financial misconduct of recent proposed amendments to joint ESMA/EBA guidelines.

This episode features Gavin Lewis (partner, Dispute Resolution, London) and Duncan Campbell (managing associate, Financial Regulation, London). For our insights on global approaches to non-financial misconduct and whistleblowing, see our full publication and other podcast episodes.

September 2021 - Binance: Lessons for payments firms // Fintech

Episode 20: Payments Monthly

The FCA has restricted the UK operations of one of the world’s largest crypto-asset exchanges. In this month’s payments podcast, Harry Eddis, Jean Price, Paul Harris and Simon Treacy talk about what payments firms can learn from Binance’s experience. Plus, they look ahead to possible changes to the UK’s AML regime.

Gender and women‘s quotas in the private sector: What changes with the FüPoG II? // ESG

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.

Implications for fintechs and challengers // Consumer Duty

Episode 3: The FCA’s Consumer Duty

In this podcast episode we discuss the implications for fintechs and challengers of the FCA's proposed consumer duty.  We cover common characteristics of fintechs and challengers and how the proposals may impact them, including data analysis, customer UX/UI, online/app channels and target markets, product complexities, fee structures, "fair value" and intermediation.

This episode features Simon Treacy (senior associate, Financial Regulation, London; simon.treacy@linklaters.com) and Duncan Campbell (managing associate, Financial Regulation, London; duncan.campbell@linklaters.com).

For more detail, see our infographic. And for all our thinking on the consumer duty including other publications, infographics and podcast episodes, visit our webpage.