The Linklaters Podcast

Episode 1: US and UK Developments

Doug Davison, Richard Smith, Alison Saunders and Adam Lurie identify the most important issues in business crime enforcement in the US and the UK at the moment.

Episode 4: Visionary Voices

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

Episode 24: Payments Monthly 

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

Episode 11: Non-financial misconduct and whistleblowing

In this podcast episode we discuss the FCA’s evolving use of its powers to require firms to pay redress to customers. This episode features Alison Wilson, Linklaters’ Global Head of Dispute Resolution and a member of our contentious regulatory partner team in London and Sara Cody, counsel in Linklaters’ Financial Regulation practice.

Episode 3: Visionary Voices

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

Episode 4: Tranche Up

Speakers: Leanne Banfield, Ruhi Patil and Alessandro Garelli

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

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

Episode 3: The Linklaters Ideas Foundry

Dr Sharon Varney and Ian Rodwell

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

Key sources for this episode include:

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

 

Episode 2A: Visionary Voices

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

Episode 23: Payments Monthly

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

Episode 2 - Part 1: Visionary Voices

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

Episode 3: Tranche Up

Speakers: Leanne Banfield, Ruhi Patil, Olivier Renault

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

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

Episode 1: Financial services enforcement trends 2022

In this podcast episode we highlight our top five financial services enforcement trends for 2022.  

This episode features counsel Sara Cody and managing associate Duncan Campbell of Linklaters' London Financial Regulation team.

For more details, see our full publication on financial services enforcement trends for 2022, and visit our dedicated webpage with all our resources on the FCA's proposed Consumer Duty.

Episode 1: Visionary Voices

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

Episode 3: Global Foreign Investment Podcast Series

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

Topics covered include:

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

Episode 2: Diversity Talks

With Bank of America

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

Episode 1: Diversity Talks

With Bank of America

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

Introduction: Tranche Up

Speakers: Leanne Banfield, Ruhi Patil

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

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

Episode 2: Tranche Up

Speakers: Leanne Banfield, Ruhi Patil, Jennifer Bearden

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

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

Episode 2: The Linklaters Ideas Foundry

Wenying Li and Ian Rodwell

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

Key sources for this episode include:

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

Episode 9: Operational Resilience

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

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

Episode 10: Global Business Crime Outlook

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

Episode 1: The Linklaters Ideas Foundry

Nicola Raw and Ian Rodwell

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

Key sources for this episode include:

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

Episode 22: Payments Monthly

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

Episode 6: The FCA’s Consumer Duty

In this podcast episode we discuss implications for asset managers of the FCA's second consultation paper on its proposed new consumer duty, including its scope, interaction with existing Principles, application throughout the distribution chain, monitoring and testing, and steps that asset managers can take now to prepare. 

This episode features Raza Naeem and Sara Cody (counsel, financial regulation, London). It complements our podcast episode on the implications of the second consultation paper for all firms.

Visit our consumer duty webpage for all our resources on the proposed consumer duty.

Episode 5: The FCA’s Consumer Duty

In this podcast episode we discuss the FCA's second consultation paper on its proposed new consumer duty. What's changed between the first and second consultation? What questions does the second consultation paper answer? And what steps can you take to prepare?

This episode features Gavin Lewis (partner, dispute resolution, London) and Sara Cody (counsel, financial regulation, London).

Visit our consumer duty webpage for all our resources on the proposed consumer duty.

Episode 9: Competition Litigation Podcast Series

In the ninth episode, Sarina Williams and Jason Shardlow-Wrest are joined by Iona McCall from AlixPartners to discuss the role of “pass-on” in competition damages claims.

Episode 5: Antitrust & Foreign Investment Outlook for 2022

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

Episode 4: Antitrust & Foreign Investment Outlook for 2022

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

Episode 3: Antitrust & Foreign Investment Outlook for 2022

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

 

Episode 2: Antitrust & Foreign Investment Outlook for 2022

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

Epsiode 1: Antitrust & Foreign Investment Outlook for 2022

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

Episode 8: Competition Litigation Podcast Series

In the eighth episode, Haidee Barratt and Alex Hannington are joined by Oliver Latham from Charles River Associates to discuss the role of factual witness and expert evidence in competition claims, taking into account the BritNed decision and the recent CPR and CAT practice directions concerning the preparation of factual witness statements.

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

Episode 10: Non-financial misconduct and whistleblowing

In this podcast episode we discuss the Singapore's regulatory approach to non-financial misconduct and whistleblowing.

This episode features Singapore partners Peiying Chua (financial regulation), Laure de Panafieu (employment & incentives) and Jelita Pandjaitan (dispute resolution), and managing associate Duncan Campbell (contentious regulation, London).

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

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

Episode 7: Competition Litigation Podcast Series

In the seventh episode, James Hennah and Alice Shaw discuss disclosure and confidentiality in competition litigation.

Episode 1: Global Foreign Investment Podcast Series

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

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

Episode 9: Global Business Crime Outlook

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

Episode 6: Competition Litigation Podcast Series

In the sixth episode, Harriet Ellis, James Hennah and Alice Shaw discuss the English courts approach to jurisdiction in competition litigation claims.

Episode 8: Operational Resilience

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

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

Episode 5: Competition Litigation Podcast Series

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

Episode 1

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

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

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

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

Episode 12: ESG Soundbite Series

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

Episode 4: Competition Litigation Podcast Series

In the fourth episode, Sarina Williams and Haidee Barratt discuss what ‘limitation’ means, why it’s important, and the key statutory rules and court decisions which determine limitation periods applicable to competition damages claims in the UK.

Episode 4: The FCA’s Consumer Duty

In this podcast episode we discuss aspects of the FCA's proposed financial services consumer duty that may have particular implications for both retail and wholesale asset managers - including how the duty can apply to various firms in the distribution chain, how the consumer duty could go beyond existing TCF obligations, and a focus on communications and fair value.

This episode features Sara Cody and Raza Naeem, both counsel in our London financial regulation practice.

An infographic accompanies this episode.  And for all our resources on the FCA's proposals including more podcast episodes and infographics, visit our webpage.

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

Episode 3: Competition Litigation Podcast Series

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

Episode 7: Operational Resilience

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

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

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

Episode 2: Countdown to IFPR and the new pay rules

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

Episode 21: Payments Monthly

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

Episode 2: Competition Litigation Podcast Series

In the second episode, we focus on the developments in the Litigation Funding market. Tom Cassels and James Hennah are joined by Simon Latham from Augusta Ventures who provides valuable insights from a funder’s perspective.

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

Episode 1

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

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

Episode 8: Global Business Crime Outlook

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

Episode 9: Non-financial misconduct and whistleblowing

In this podcast episode we discuss the FCA, PRA and Bank of England's joint discussion paper on their plans to monitor, track and improve diversity and inclusion in regulated firms. We examine how D&I will become a regulatory risk issue; the links drawn between D&I and non-financial misconduct; and the proposed D&I policy options and difficulties firms may face in implementing them.

This episode features Linklaters London financial regulation counsel Elizabeth Dowd and Sara Cody.

Episode 5: IBOR Soundbites

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

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

Episode 1: Competition Litigation Podcast Series

In the first episode, Sarina Williams and James Hennah explain what we mean by “competition litigation”, the types of conduct that can lead to private enforcement damages claims, the types of claims that can be brought, and the particularities of the UK legal system that have made it one of the most popular forums for competition damages in the world.

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

Episode 11: ESG Soundbite Series

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

Episode 8: Non-financial misconduct and whistleblowing

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

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

Episode 7: Non-financial misconduct and whistleblowing

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

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

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

Episode 1: Countdown to IFPR and the new pay rules

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

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

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

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

Episode 6: Non-financial misconduct and whistleblowing

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

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

Episode 20: Payments Monthly

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

Episode 10: ESG Soundbite Series

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

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

Episode 3: The FCA’s Consumer Duty

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

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

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

Episode 9: ESG Soundbite Series

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

Episode 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.

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.

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.  

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.

 

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.

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.”

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.

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.”

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.

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

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?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.