The Linklaters Podcast

The New German Supply Chain Due Diligence Law – what companies need to know // ESG

Episode 9: ESG Soundbite Series

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

Cybercrime: Top tips on how to prepare for and respond to a cyber incident // Business Crime & Investigations

Episode 7: Global Business Crime Outlook

In our seventh episode hosted by Ben Packer, we speak to Erez Liebermann, Peter Church and our guest speaker from FTI Consulting, Dave Harvey. We discuss who is behind these cyber-attacks, how they operate as well as our top tips on how to prepare for and respond to a cyber incident.

Hong Kong approaches // Contentious Regulatory

Episode 5: Non-financial misconduct and whistleblowing

In this podcast episode we discuss how Hong Kong financial services regulation and supervision addresses non-financial misconduct.  We outline the roles of the SFC and HKMA, examine how the regulatory framework applies to individuals' non-financial misconduct, detail the regulation of senior manager and firm accountability for incidents involving firm employees, address reporting and notifications issues, and describe protections afforded to whistleblowers.

This episode features Andrew Chung and Denise Fung (partners, dispute resolution, Hong Kong), Sumit Indwar (partner, financial regulation, Hong Kong) and Duncan Campbell (managing associate, financial services contentious regulation, London).

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

Restructuring Plans – Friend or Foe? // Restructuring & Insolvency

Episode 2: R&I Soundbites

In this podcast, our Partner Nick Le Masurirer, Managing Associate, Dionne Brown and Associate Hannah Barrett Brown, consider the key features of Part 26A restructuring plans.  

Consumer redress // Consumer Duty

Episode 2: The FCA’s Consumer Duty

In this podcast episode we review the various mechanisms for consumers to obtain redress from financial services firms. We assess how the FCA’s proposal to extend the private right of action to cover Principle breaches (including any new Consumer Principle) might fit within the current framework. Crucially, will this achieve the FCA’s aim of securing a higher level of protection to consumers?

This episode features Lara Adamson (Associate, Dispute Resolution, London), Tom Rudrum (Associate, Dispute Resolution, London).

Visit our webpage on the FCA's proposed consumer duty for our latest insights and the infographic that accompanies this episode.

 

Recent Developments in Asia – 21 July 2021 // Funds and Financial Sponsors

Episode 4: Antitrust and Funds

The fifth and final episode in our funds and financial sponsors antitrust and foreign investment podcast mini-series focuses on recent developments in Asia, with a deep dive into VIE structures, increased enforcement of SAMR in the tech sector and the more proactive approach taken by regulators across the region.

In this episode, Anna Mitchell, Xi Liao and Marcus Pollard from our Antitrust & Foreign Investment team discuss the differences between the more established antitrust systems and the newcomers on the scene, and what issues are currently on their radar. Tune in to stay on top of these recent developments and the important issues that private equity investors should currently be aware of.

EU plans for DORA // FRG

Episode 6: Operational Resilience

Florian Reul, Kathrin Hafner and Simon Treacy discuss the EU’s draft Digital Operational Resilience Act, known as DORA.

Florian Reul, Managing Associate: “DORA is providing a game plan on how to become better at addressing ICT risks.”

German approaches // Contentious Regulatory

Episode 4: Non-financial misconduct and whistleblowing

In this podcast episode we discuss how German financial services regulation and supervision addresses non-financial misconduct.  We examine the grounds on which a senior individual might be removed from role for non-financial misconduct or failing to control the risk of non-financial misconduct in their organisations. We also cover German whistleblowing protections including the current state of play on Germany’s implementation of the Whistleblowing Directive. This episode features Andreas Dehio (partner, financial regulation, Frankfurt), Christian Schmitt (partner, dispute resolution, Frankfurt) and Sara Cody (counsel, financial regulation, London).

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

Important business services // FRG

Episode 5: Operational Resilience

Pansy Wong, Rebecca Heaysman and Simon Treacy examine important business services and how to identify them.

Pansy Wong, Partner: “In our experience there’s a feedback loop, so once you work through the other operational resilience obligations you may find yourself revisiting your approach to how you identified those important business services in the first place.”

June 2021 - E-money communications and a new duty of care // Fintech

Episode 19: Payments Monthly

The FCA has told e-money firms to explain to their customers how their money is protected. In this month’s payments podcast, Harry Eddis, Jean Price, Paul Harris and Simon Treacy talk about the impact these communications will have, plus financial promotions and the FCA’s plans for a consumer duty of care.

Freezing awards // Employment & Incentives

Episode 6: Risk and pay: lessons from the financial sector

Freezing awards at any time before vesting time is a sort of half-way house to malus. Why and how to do it. And to conclude, some top tips

Malus and clawback // Employment & Incentives

Episode 5: Risk and pay: lessons from the financial sector

Applying malus and clawback: when; what for - the trigger events; how - the process to follow, and on which awards?

How do you exercise discretion? // Employment & Incentives

Episode 4: Risk and pay: lessons from the financial sector

The tricky topic of exercising discretion: what the courts are looking at and avoiding the potential pitfalls.

Restricted shares and overriding formulaic outcomes // Employment & Incentives

Episode 3: Risk and pay: lessons from the financial sector

Alternative methods of risk adjustment: restricted shares and overriding formulaic outcomes, and participants’ likely reactions.

Risk adjustment // Employment & Incentives

Episode 2: Risk and pay: lessons from the financial sector

An increasing focus of how the regulatory regimes are applied in practice, relates to adjustment for financial and non-financial risks. How is this done and what is spilling over into the PLC sphere.

Setting the scene // Employment & Incentives

Episode 1: Risk and pay: lessons from the financial sector

A brief look at the regulatory regimes in the financial sector: where they come from and what they say, to provide some context for episodes which follow.

Stronger malus and clawback? Government proposals on executive pay // Employment & Incentives

Episode 5: Governing pay: how did we get here and where next?

What’s in store for corporate governance and remuneration following the government’s recent executive pay proposals in the White Paper on audit reform.

ESG and pay, what’s happening and where next? // Employment & Incentives

Episode 4: Governing pay: how did we get here and where next?

Another current “hot topic” in the corporate governance landscape and integrating environmental, social and governance factors into pay decision-making processes.

Four areas of recent focus in governance and executive pay // Employment & Incentives

Episode 3: Governing pay: how did we get here and where next?

A detailed look at four distinct governance areas with developing impact on executive pay: pay ratio disclosure, pension contributions, malus and clawback and post-employment shareholding requirements.

Corporate governance and private companies // Employment & Incentives

Episode 2: Governing pay: how did we get here and where next?

Continuing to look at the developments that have impacted remuneration disclosures, this time what’s happening on corporate governance for large private companies.

Corporate governance disclosures and how they impact pay // Employment & Incentives

Episode 1: Governing Pay how did we get here and where next?

The most recent legislative changes affecting remuneration disclosures, investor expectations on compliance with corporate governance requirements in determining pay, and the impact of Covid-19.

US approaches // Contentious Regulatory

Episode 3: Non-financial misconduct and whistleblowing

In this podcast episode, we discuss US legal and regulatory approaches to non-financial misconduct and whistleblowing in financial services. We look at some examples of the ways that US regulators have been addressing non-financial misconduct, starting with FINRA at the Federal level and outlining the relevance of Federal employment law and regulators. We examine the whistleblowing protections afforded by Federal law and also the position in the State of New York.  Finally, we step through a worked example to bring it all together.  

For more, read our report on non-financial misconduct and whistleblowing – the approach of regulators in 12 key jurisdictions.

Duncan Campbell (Managing Associate, Financial Regulation, London) hosts this discussion with Doug Davison (Partner, Dispute Resolution, Washington, D.C.) and Somin Lee (Associate, Dispute Resolution, New York City).  Recorded in June 2021.

The first consultation // Consumer Duty

Episode 1: The FCA’s Consumer Duty

Dispute resolution partner Alison Wilson and financial regulation counsel Sara Cody discuss the FCA's recent consultation on the introduction of a "consumer duty" in financial services. We give an overview of the proposals and consider their key aspects, and give some thought to the practical implications for firms.

For more details, see our infographic.

Deferred prosecution agreements – where now for the SFO? // Business Crime & Investigations

Episode 6: Global Business Crime Outlook

In this sixth episode hosted by Sara Trainor, Elly Proudlock and Jane Larner discuss how recent failures to secure convictions of individuals for corporate wrongdoing may impact on the long term success of the DPA process.

Implications of Covid-19 on M&A in Private Equity // Funds and Financial Sponsors

Episode 4: Antitrust and Funds

The fourth episode in our funds and financial sponsors antitrust and foreign investment podcast focuses on the impact of Covid-19 on Private Equity M&A, with a particular focus on merger control and foreign investment filing requirements in the UK and the EU.

In this episode, Anna Mitchell, Nick Peristerakis and Jennifer Willis from our Antitrust & Foreign Investment team discuss with Chris Boycott from our Financial Sponsors practice the implications of the pandemic on private equity deals and the new opportunities presented by the post-pandemic economic landscape. Tune in to stay on top of these recent developments and the important issues that private equity investors should currently be aware of.

Joe Biden’s administration and its impact on antitrust enforcement // Funds and Financial Sponsors

Episode 3: Antitrust and Funds

The third episode in our funds and financial sponsors antitrust and foreign investment podcast focuses on how Joe Biden’s new administration will shape US antitrust enforcement and foreign investment control in the coming years.

In this episode, London AFIG Partner Anna Mitchell is joined by Antonia Sherman and Jon Gafni from our US AFIG team and Karolis Pocius from our Brussels AFIG team to explore what policy and legislative changes we might expect from Joe Biden’s administration and what effect the new agenda will have on antitrust and foreign investment. Our experts also discuss how these changes might impact the way financial investors, PE investors and funds do US deals in the future. Tune in to stay on top of these developments and be well-prepared for the next four years of Biden’s antitrust policy.

LIBOR transition in the US loan market // Banking

Episode 4: IBOR Soundbites

In this podcast, our Partner Danelle le Cren and Counsel Philip Lee discuss the LIBOR transition in the US loan markets.

EURIBOR and the transition to risk-free rate loans // Banking

Episode 3: IBOR Soundbites

In this podcast, our Partners Kathryn Merryfield and Mees Roelofs explore the possible future of EURIBOR and the transition to risk-free rate loans.

The Asia perspective on LIBOR transition in the loan markets // Banking

Episode 2: IBOR Soundbites

In this podcast, our Partners Nathalie Hobbs and Christopher Bradley discuss the Asia perspective on LIBOR transition in the loan markets.

Lending in the new compounded risk-free rate world // Banking

Episode 1: IBOR Soundbites

In this podcast, our Partner Benedict James and Managing Associate Bobby Butcher explore the impact of lending in the new compounded risk-free rate world.

Cartels: Horizon scanning // Business Crime & Investigations

Episode 5: Global Business Crime Outlook

In our fifth episode Alison Saunders, Tom Cassels, Doug Tween and Jonas Koponen will be discussing recent cartel developments and horizon scanning for future risk and legislative and enforcement changes.

Pre-Pack Reform // Restructuring & Insolvency

Episode 1: R&I Soundbites

As from 30 April, recent legislative reforms mean that an administrator must not make a substantial disposal to connected persons within the first 8 weeks of an administration, unless either the company’s creditors have approved the transaction or, more likely, the buyer has obtained a qualifying report from an evaluator. While not aimed solely at pre-packs, it’s clear that concerns around their transparency in particular were the driving force behind these changes. The mood music around pre-packs is clear and the insolvency industry as a whole will need to get behind these changes to make them work and ensure that a valuable business rescue tool remains part of the toolkit.

In this podcast, we consider the scope of the new rules and also give some thought as to what potential impact the reforms might have in practice for the drafting of sale agreements, particularly around the protections afforded to administrators.

An overview of green and sustainability linked loan products // ESG

Episode 8: ESG Soundbite Series

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

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

What does ESG mean for the maritime sector? // ESG

Episode 7: ESG Soundbite Series

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

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

ESG and access to finance // ESG

Episode 6: ESG Soundbite Series

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

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

Recapping greenhouse gas reporting in the UK // ESG

Episode 5: ESG Soundbite Series

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

Global approaches // Contentious Regulatory

Episode 2: Non-financial misconduct and whistleblowing

In this podcast Dispute Resolution partner Gavin Lewis and Financial Regulation counsel Sara Cody examine the approach of global financial regulators to non-financial misconduct and whistleblowing.  We look at some of the reasons why some regulators have begun to focus on non-financial misconduct as part of their assessment of individuals' suitability, and the increasing importance of effective whistleblowing programs.  

Financial services enforcement trends 2021 // Contentious Regulatory

Episode 1: Non-financial misconduct and whistleblowing

In this podcast counsel Sara Cody and managing associate Duncan Campbell discuss the most important UK financial services enforcement developments in 2020, together with some of the key areas we believe will drive the nature and direction of enforcement activity by the UK financial regulators during 2021.

The Power of Voice // Diversity

Episode 1: Magenta on Air

Voice is a topic which is set to grow in relevance as we further embed remote working and online connectivity. Our Magenta on Air radio show offered many valuable insights and we will continue to explore the power of voice and the incredible role it can play in shaping and influencing our daily lives and decisions. We are all exposed to ’screen overload’ and audio gives us a complementary, and powerful, alternative. As our presenter Cecile Somers-Lee concluded ‘own your voice, don’t let anyone take it away from you.’

Listen to our first podcast on 'The Voice for Diversity', with our Global Diversity Manager, Daniel Danso.

Workplace Culture: Handling Investigations // Employment & Incentives

Episode 5: Beyond 2020: The post-pandemic workplace

In many workplaces, video calls have become the main method of communication but how well are these suited to handling sensitive employee relations issues? We will look at the practical difficulties employers face when investigating complaints and carrying our disciplinary procedures remotely and will consider how to handle issues such as investigating in a timely way, the right to be accompanied and covert recording of meetings. We will also address whether the remote disciplinary hearing is here to stay.

Workplace Culture: Bullying and Harassment // Employment & Incentives

Episode 4: Beyond 2020: The post-pandemic workplace

In a remote working environment, interactions between colleagues are less open to observation. Spotting harassment, bullying and other forms of misconduct is more challenging than ever.  We will explore how employers can identify hidden behaviours and what steps they should take to address the risks, including the need to make whistleblowing policies fit for purpose for a home-based workforce.

Board Diversity, Pay Reporting and Contentious Remuneration // Employment & Incentives

Episode 3: Beyond 2020: The post-pandemic workplace

Has the pandemic changed the conversation about board diversity and fair pay? In this podcast, we focus on whether Covid-19 has stalled diversity at the top of organisations, how existing pay inequities may be impacted and amplified by the pandemic, and how decisions made about remuneration against the backdrop of the pandemic can lead to contention and litigation.

Diversity and Inclusion // Employment & Incentives

Episode 2: Beyond 2020: The post-pandemic workplace

In this episode we will look at the pandemic through the lens of diversity and consider the effect that the pandemic itself, and the business response to it, have had on particular groups of workers.  We will look at the data, assess the impact on particular groups and suggest ways in which businesses might reinforce their diversity agenda to protect against disproportionate impacts.  We will also look at how businesses can respond positively to the issues raised by the Black Lives Matter movement to develop a meaningful race strategy. 

The Future Workplace // Employment & Incentives

Episode 1: Beyond 2020: The post-pandemic workplace

Is agile working here to stay? We consider how employment policies and management practices need to evolve to be compatible with agile and remote working. Policies should reflect what is right for business in the long term and we will explore how to meet legal and regulatory requirements, while staying true to cultural values.

Financial Fair Play in Football // Sports

Episode 1

In SportingLinks’ first podcast, Linklaters’ finance and dispute resolution experts and Thomas Horton of 3 Hare Court discuss the financial fair play regulations of UEFA club competitions and the English Football League. We take a look at how these regulations apply to clubs, recent changes to such regulations, their impact on how football clubs finance themselves and what the future holds.

Triggering collective consultation // Employment & Incentives

Episode 7: Redundancy - Covid-19 and Employment

Our Redundancy Podcast series looks at when collective consultation is triggered, practical issues when conducting collective consultation with a furloughed workforce, fairness and selection in the collective consultation process and issuing notice and making termination payments.

Practical Issues When Conducting Collective Consultation With a Furloughed Workforce // Employment & Incentives

Episode 6: Redundancy - Covid-19 and Employment

Our Redundancy Podcast series looks at when collective consultation is triggered, practical issues when conducting collective consultation with a furloughed workforce, fairness and selection in the collective consultation process and issuing notice and making termination payments.

Fairness and selection in collective consultation // Employment & Incentives

Episode 5: Redundancy - Covid-19 and Employment

Our Redundancy Podcast series looks at when collective consultation is triggered, practical issues when conducting collective consultation with a furloughed workforce, fairness and selection in the collective consultation process and issuing notice and making termination payments.

Issuing Notice and Making Termination Payments // Employment & Incentives

Episode 4: Redundancy - Covid-19 and Employment

Our Redundancy Podcast series looks at when collective consultation is triggered, practical issues when conducting collective consultation with a furloughed workforce, fairness and selection in the collective consultation process and issuing notice and making termination payments.

Winding down the Coronavirus Job Retention Scheme // Employment & Incentives

Episode 3: Covid-19 and Employment

In the latest episode of our Covid-19 podcast series, Nicola Rabson and Nick Marshall discuss the winding down of the Coronavirus Job Retention Scheme and what employers need to consider next, including the recently-announced plans for the Job Retention Bonus Scheme.

Return to work // Employment & Incentives

Episode 2: Covid-19 and Employment

For many employers, thoughts are turning to how their business will transition out of lockdown and how best to ensure a safe return to the workplace for their employees. This is a fast moving topic.  As we await further guidance from the government, our latest podcast looks at some of the key issues employers are considering at this stage.

An Employer’s Duties // Employment & Incentives

Episode 1: Covid-19 and Employment

In this episode we explore the key issues for employers, Nicola Rabson and Nick Marshall discuss the duties of employers during the ongoing pandemic.

In particular, Nicola and Nick discuss some of the knotty issues around the duties that employers owe to their employees, including whether they can require employees to go into the workplace, what to do if an employee refuses to attend work, and employer liabilities if an employee becomes sick because they attend work.

May 2021 - Insolvency risks in the payments chain // Fintech

Episode 18: Payments Monthly

Social changes are benefitting a new generation of payment providers. In our final episode on insolvency in the payments sector, Richard Hay and Simon Treacy discuss the potential systemic role of these providers and how the Bank of England might respond to emerging risks.

E&S remedy in project financings // ESG

Episode 4: ESG Soundbite Series

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

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

Building Business and Human Rights due diligence into Business as Usual // ESG

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

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

The EU sustainable corporate governance initiative – towards a mandatory human rights due diligence // ESG

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

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

Business and Human Rights Arbitration // ESG

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

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

Business and human rights: la prospettiva italiana (podcast in Italian) // ESG

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

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

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

Where are we today? Existing regimes in Switzerland, Netherlands & France // ESG

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

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

Remedy: Preventing and addressing adverse human rights impacts // ESG

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

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

Getting practical: Human rights due diligence in M&A transactions // ESG

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

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

The Changing Landscape // ESG

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

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

April 2021 - Insolvency and safeguarding // Fintech

Episode 17: Payments Monthly

In the second of three episodes on insolvency in the payments sector, Jean Price, Paul Harris and Simon Treacy discuss the Premier FX case and what it means for the FCA’s approach to safeguarding.

April 2021 - Insolvency changes for payment and e-money institutions // Fintech

Episode 16: Payments Monthly

No one wants to contemplate the failure of their business. But incoming changes to the insolvency regime for payment and e-money institutions have forced those firms to engage with that possibility. In this episode, Rory Conway, Harry Eddis and Simon Treacy discuss some of the features of the new special administration regime for payments firms.

Payments in Australia – Data, Resilience, Competition: Part 2 // Fintech

Episode 15: Payments Monthly

In the second of two episodes comparing payments trends in the UK and Australia, Frances Hodgkins and Jonny Ford discuss the consumer data right / open banking, operational resilience and competition with Nicola Greenberg, Elyse Adams, Kerensa Snyed and Rob Walker from Allens, Melbourne.

March 2021 - Payments in Australia - BNPL: Part 1 // Fintech

Episode 14: Payments Monthly

Australia is at the forefront of buy-now pay-later. In the first of two episodes looking at payments trends in Australia, Frances Hodgkins talks to Nicola Greenberg, Kerensa Snyed and Rob Walker from Allens, Melbourne, about the latest in the BNPL market and what happens next.

February 2021 - Protecting consumers: APP fraud and interbank payments // Fintech

Episode 13: Payments Monthly

Fraudsters trick you into transferring money to them. Should your bank reimburse you? This month Jean Price, Paul Harris, Harry Eddis and Simon Treacy look at the latest suggestions for tackling authorised push payment fraud, as well as whether consumers need more protection when using Faster Payments.

January 2021 - How buy-now pay-later works // Fintech

Episode 12: Payments Monthly

As more of us shop online, more ways to pay are emerging. In this month’s payments podcast we take a closer look at one of these new payment options known as buy-now pay-later. Harry Eddis, Jean Price and Paul Harris explain how BNPL firms make money, how they are regulated and why this matters to the payments sector.

December 2020 - What 2021 holds for the payments sector // Fintech

Episode 11: Payments Monthly

The pace of change in the payments industry continues to accelerate. In this episode, Jean Price, Paul Harris and Simon Treacy look ahead to more change in 2021, the regulators’ plans to keep up and what payment firms will be focusing on in the year to come.

November 2020 - Meet MiCAR: the EU’s Markets in Cryptoassets Regulation // Fintech

Episode 10: Payments Monthly

The EU has unveiled its plans for regulating cryptoassets. In this month’s payments podcast Harry Eddis, Sophia Le Vesconte and Simon Treacy walk through how MiCAR would work and what it could mean for the payments industry.

October 2020 - Brexit revisited // Fintech

Episode 9: Payments Monthly

After a short break, our payments regulation experts revisit Brexit and look ahead to what the end of the transition period means for payments firms. Harry Eddis, Jean Price and Paul Harris also highlight other developments that have caught their eye over the last couple of months.

July 2020 - The FCA’s warning to payment services firms and e-money issuers // Fintech

Episode 8: Payments Monthly

The FCA's portfolio strategy letter to CEOs warns them to act to prevent customer harm. Simon Treacy, Harry Eddis, Jean Price and Paul Harris look at what the letter means for payment and e-money institutions.

Bonus Episode - Killer acquisitions in the payments industry // Fintech

Episode 7: Payments Monthly

In a special episode, our Competition experts Natura Gracia and Sima Ostrovsky join Frances Hodgkins and Simon Treacy to examine recent high-profile deals in the payments industry and the approach of competition authorities as they look out for smaller competitors being “killed off” by larger rivals.

June 2020 - How payments firms safeguard customers’ funds // Fintech

Epiosde 6: Payments Monthly

As part of its response to Covid-19, the FCA has put forward new guidance for payment institutions and e-money institutions on safeguarding and prudential risk management. Simon Treacy, Jean Price and Paul Harris examine what the change in regulator’s expectations means for payments firms.

Bonus episode - Payments in Australia // Fintech

Episode 5: Payments Monthly

In this special episode, our payments lawyers are joined by Nicola Greenberg from Allens to discuss the Royal Commission, buy-now-pay-later models, new design and distribution rules for Australian payments firms and progress on open banking.

April 2020 - FCA and PSR business plans and the response to stablecoins // Fintech

Episode 4: Payments Monthly

The promise of stablecoins has caught the attention of regulators and central banks. Our payments lawyers consider the regulatory response to stablecoins, including the potential for central bank digital currencies, and discuss how Covid-19 has impacted the UK payments regulators’ plans for the year to come.

March 2020 - The response to Covid-19 // Fintech

Episode 3: Payments Monthly

In our first remotely recorded podcast we cover what Covid-19 means for payment services. Simon Treacy, Paul Harris and Jean Price talk about the practical challenges for firms, the latest regulatory developments and the potential commercial impact of the coronavirus pandemic.

February 2020 - payment fraud and operational resilience for payments firms // Fintech

Episode 2: Payments Monthly

This month Simon Treacy, Jean Price and Harry Eddis discuss authorised push payment fraud and the measures that have been taken to try to tackle it, and consider what the regulatory focus on operational resilience means for the payments industry.

January 2020 - Brexit transition and an update on electronic communications // Fintech

Episode 1: Payments Monthly

For our first episode of 2020 we look at one issue which will dominate the coming year and beyond, and pick up another which emerged at the end of 2019. Simon Treacy, Jean Price and Paul Harris discuss the latest on Brexit and how it will impact the payments industry, and highlight a Dear CEO letter from the FCA to the telecoms industry setting its expectations for firms wishing to rely on the electronic communications exemption under PSD2.

How does the UK’s new foreign investment regime impact financial investors? // Funds and Financial Sponsors

Episode 2: Antitrust and Funds

The second episode in our funds and financial sponsors antitrust and foreign investment podcast focuses on the UK’s proposed new foreign investment regime, with a deep dive into how the National Security & Investment Bill will apply to acquisitions and investments by financial investors.

In this episode, Anna Mitchell, Verity Egerton-Doyle and Jennifer Willis from the AFIG team discuss with Clare Baker from our Investment Funds group the key points investors and funds need to know about the UK's new and extremely wide-ranging foreign investment regime under the National Security & Investment Bill and how investment activity might be caught by the proposed rules. Given the radical change to scrutinising investments in the UK brought about by the Bill and serious penalties for non-compliance with the mandatory regime, make sure you tune in to this episode to get up to speed on what you need to know about the NSI regime when investing in the UK.

Financial sponsors and the expanded scope of parental liability // Funds and Financial Sponsors

Episode 1: Antitrust and Funds

The first podcast in our series focuses on the expanded concept of parental liability for antitrust breaches established in a recent European Court of Justice judgment and the implications this has for financial investors, even those who generally invest via indirect minority stakes.

In this episode, AFIG Partners Jonas Koponen, Annamaria Mangiaracina, Anna Mitchell and Associate Jennifer Willis discuss why this case raised interesting questions about parental liability. They examine the factors that lead the Court to find the financial investor liable for its portfolio company’s infringement, the risk of having personal links between the financial investor and its board nominees and the increased importance of taking a more hands-on approach to antitrust compliance of portfolio companies. 

Recent global developments and trends in anti-money laundering // Business Crime & Investigations

Episode 4: Global Business Crime Outlook

Ben Packer, Kerstin Wilhelm, Doug Davison and Andrew Chung discuss the trends in global anti-money laundering enforcement, while also looking at money -laundering techniques and, in particular, legislative developments in the US, UK, Germany and across Asia.

Sanctions: examining the laws in Asia, UK, US and EU // Business Crime & Investigations

Episode 3: Global Business Crime Outlook

In our third podcast Andrew Chung, Michael Lamson, Eric Liu, Kerstin Wilhelm and Satindar Dogra explore the various sanctions developments around the globe, including US sanctions and the latest trends from the Biden administration, the PRC blocking regulation and sanctions in China. We also cover the EU Blocking Regulation and recent EU sanctions developments with a discussion of the post-Brexit UK sanctions regime and evolution of OFSI.

Key Business Crime developments in Asia, Germany, the UK, the US and France // Business Crime & Investigations

Episode 2: Global Business Crime Outlook

In this second episode of the Global Business Crime Outlook podcast series, Alison Saunders, Andrew Chung, Kerstin Wilhelm, Elly Proudlock, Sean Solomon and Eléonore Hannezo will each discuss key developments and trends taking place this year in their jurisdictions covering the UK, Asia and Europe.

Prosecution under the Money Laundering Regulations: what does it mean in practice? // Business Crime & Investigations

Episode 1: Global Business Crime Outlook

In this first episode of our Global Business Crime podcast series, Ben Packer, Elly Proudlock and Clare McMullen look at how breaching the Money Laundering Regulations can lead to criminal charges, what this means in practice and how criminal prosecution differs from regulatory enforcement.

Transparency and reporting in project financings // ESG

Episode 3: ESG Soundbite Series

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

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

Digging deeper into E&S due diligence // ESG

Episode 2: ESG Soundbite Series 

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

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

Managing E&S risks in project financings // ESG

Episode 1: ESG Soundbite Series

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

They share some quick insights on:

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

The final rules – What we know now // FRG

Episode 4: Operational Resilience

The UK regulators have finalised their operational resilience regimes. Clare McMullen, Verity Kemp and Simon Treacy compare the final rules with the draft rules.

Quote: Clare McMullen, Partner: “How firms treat vulnerable customers fairly is a real priority of the FCA at the moment and so it is not a surprise that they have added express references to vulnerable customers in their guidance on operational resilience.”

 

Backstage at OpRisk Global // FRG

Episode 3: Operational Resilience

Julia Dixon, Pansy Wong and Simon Treacy share their insights from the OpRisk Global conference which took place virtually in March 2021.

Pansy Wong, Partner: “Plenty of people I spoke to were worried about what it means that different standards are developing in different jurisdictions. And even though the overall aim of all these different regimes is the same, the nuances between them will inevitably cause headaches for global firms.”

Back to the future // FRG

Episode 2: Operational Reslience

Pansy Wong, Rebecca Heaysman and Simon Treacy look back on what has changed since the UK regulators released their draft rules on operational resilience in December 2019.

Pansy Wong, Partner: “It would be a real surprise if the outcome of all the policy work that has happened in the background isn’t influenced by the events that have taken place since the consultations were launched… All of that said, Covid-19 has been a really unusual source of disruption.”

The basics of operational resilience // FRG

Episode 1: Operational Resilience

Julia Dixon, Verity Kemp and Simon Treacy introduce the concept of operational resilience and what it means for UK financial services.

Julia Dixon, Partner: “The reforms are really signalling a cultural change, a shift in terms of how firms need to approach resilience and there’s going to be regulatory attention focused right at the top of the house on how you are approaching this subject.”

Innovative Payment Systems (Part II) // Fintech

Episode 7: The Next Year in Payments

Michael Voisin & Richard Hay

In this two-part episode, Michael Voisin and Richard Hay discuss the limitations of legacy systems and drives to improve and replace them. This second part focuses on efforts to create parallel closed loop payment systems that do not rely on existing legacy infrastructure, such as so called “stablecoins” and central bank digital currencies.

Innovative Payment Systems (Part I) // Fintech

Episode 6: The Next Year in Payments

Michael Voisin & Richard Hay

To date, much of the innovation in the payments market has been at the user-interface level – in a sense, “digital lipstick” applied on top of existing legacy systems. But that approach has its limitations. And there is now growing demand for improvements to underlying payment systems to increase the speed and efficiency of value movements. In this two-part episode, Michael Voisin and Richard Hay discuss the limitations of legacy systems and drives to improve and replace them. This first part focuses on existing legacy systems and initiatives to alter and upgrade them.

The view from Asia // Fintech

Episode 5: The Next Year in Payments

Peiying Chua Heikes & Niranjan Arasaratnam

Asia has seen a huge growth in its payments industry over the past few years, spurred on by a young, tech-savvy generation and push for the financial inclusion of the underbanked. Amidst rapid development, regulators are now tasked with overcoming fragmentation in payments ecosystems and ensuring continued financial stability – but at the same time pushing for innovation and change. Peiying Chua and Niranjan Arasaratnam discuss key trends in the Asian payments markets and what the next year is likely to bring.

A European perspective – changes in the Belgian payments market // Fintech

Episode 4: The Next Year in Payments

Etienne Dessy, Jellen Rasquin & Donald Krols

As part of the broader digital payment revolution across Europe, there has been considerable change in the Belgian payments market in recent years. Etienne Dessy, Jellen Rasquin and Donald Krols look ahead to the regulatory priorities for 2020 including PSD2, APIs and AML.

The shift from cash to digital payments // Fintech

Episode 3: The Next Year in Payments

Harry Eddis, Frances Hodgkins & Terry Yiangou 

E-commerce, wallet services and digital payments are transforming the way we interact with money. Looking ahead, innovative payment systems are set to accelerate the global decline in cash use. Harry Eddis, Frances Hodgkins and Terry Yiangou discuss these market changes and the questions they pose about continuing access to cash.

EBA outsourcing guidelines for payment institutions // Fintech

Episode 2: The Next Year in Payments

Jean Price & Arjun Lakhani

An increase in outsourcing in the payments sector has brought with it increased regulatory scrutiny. Now payment institutions in the EU must take into account new outsourcing guidelines from the European Banking Authority. Jean Price and Arjun Lakhani discuss the key points for payment institutions to consider when assessing new and existing outsourcing arrangements.

What happens next for strong customer authentication? // Fintech

Episode 1: The Next Year in Payments

Paul Harris & Olivia Murphy

As payments and banking have moved online, authenticating the identity of customers has become a vital part of the fight against fraud. New PSD2 rules on strong customer authentication were intended to bolster security standards across the market but have effectively been delayed. Paul Harris and Olivia Murphy discuss the background to SCA and what the next year is likely to bring.

Real Estate in Germany: Where are we now? // Real Estate

Episode 3: Real Estate Markets Across The Globe

In this podcast we will focus in particular on the impact on landlords, tenants, borrowers and lenders, and the steps being taken by the German Government in the real estate context to address the issues they are currently facing.