The Linklaters Podcast

Summer’s Top Antitrust and Foreign Investment Stories 2023

This covers merger control, foreign investment and foreign subsidies.

Summer’s Top Antitrust and Foreign Investment Stories 2023

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

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.

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.

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.

 

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.

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.

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. 

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

Speakers: Annamieke Cook and Zoe Cameron

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

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

Speakers: Dasha Konnova and Terry Yiangou

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

Episode 5: value chain

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

Episode 4: double materiality

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

Episode 3: 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.

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.

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

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

Episode 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.

Episode 2: Scope and timing

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

Episode 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.

Episode 1: What is this all about

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

Episode 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?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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.

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.

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.

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.

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 

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.

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.

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

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.

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)

Episode 3: Factoring ESG into portfolio management

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

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

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

Episode 2: Setting science-based targets

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

Episode 13: ESG Soundbite Series

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

 

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

Episode 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

Episode 12: Human rights disclosures

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

Episode 11: TCFD requirements for asset managers in UK

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

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

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

Episode 9: ESG disclosure regime in Asia

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

Episode 8: ESG disclosure regime in the EU

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

Episode 7: ESG disclosure regimes in the UK

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

Episode 6: ESG changes to MiFID II regime 

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

Episode 5: EU SFDR Level 2: loose ends

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

Episode 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.

Episode 4: greenwashing

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

Episode 3: key drivers for ESG disclosure regimes

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

Episode 2: UK climate transition plans

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

Episode 1: ESG governance

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

Episode 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…

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.

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”.

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. 

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)

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.

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

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.

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.

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

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

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

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.

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.