Ashurst Legal Outlook Podcast - Ashurst

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Comparing EU and UK approaches to regulating big tech

Saison 1 · Épisode 2

jeudi 22 août 2024 • Durée 30:02

Digital companies operate globally which means they need to carefully navigate the new EU and UK digital markets regimes. In this episode, we highlight some of the key similarities and differences between the two regimes.

In Europe and the UK, the regulatory landscape is shifting for Big Tech. In this episode, we compare and contrast the EU Digital Markets Act and the UK Digital Markets, Competition and Consumers Act – and highlight the implications for multinational tech giants and the broader digital economy.

To do so, we have assembled a crack team of legal experts including Rafael Baena from Ashurst’s Madrid office, and Fiona Garside, Chris Eberhardt and Hayden Dunnett from Ashurst’s London office. Together, they consider the thresholds for designating companies under the two regimes, as well as the differing timelines, obligations and guidance in each jurisdiction. Recent developments and ongoing enforcement action are also discussed.

To listen to our previous episodes on digital markets regulation, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or wherever you get your podcasts. And to ensure you don’t miss our future episodes, make sure you subscribe too.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

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The power of commercial awareness with Saba

Saison 2 · Épisode 3

mercredi 21 août 2024 • Durée 23:29

Welcome to the third episode of our podcast mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law.

In this third episode of the series, final seat trainee Saba Nasrolahi share her insights and personal experiences applying the crucial skill of commercial awareness in both her application and early career work experience at Ashurst.

Saba shares her journey from studying law at King's College London to her decision to join Ashurst as a trainee. She details what commercial awareness is and why it’s essential for a career in law and provides practical tips on how to develop it organically. Saba provides actionable advice for aspiring trainees, emphasising the importance of following your interests, staying updated with industry developments, and continuously building your knowledge.

Along the way Saba shares personal anecdotes about applying commercial awareness in real-world scenarios, from the virtual execution process in banking transactions to navigating businesses through political disruptions.

"Commercial awareness is … not necessarily a knowledge and expertise of the ins and outs of each part of the law or each sector. It's about understanding how businesses work and what might be impacting businesses.”

Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.

For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Trainee secondments with Divya and Aoife

Saison 2 · Épisode 2

jeudi 8 août 2024 • Durée 34:15

Welcome to the next episode in our trainee mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law.

In this episode of our trainee miniseries, Junior Associates Aoife Weir and Divya Deivanayagam share their enriching experiences of international and client trainee secondments. Aoife and Divya explain the secondment process from their respective secondments, with Aoife working at BP in the gas and low carbon energy team, and Divya experiencing life in Ashurst’s Tokyo office. They discuss the application process, the support they received from Ashurst, and how these opportunities enhanced their professional growth.

Divya provides a glimpse into her international secondment in Tokyo, highlighting the cultural differences, increased responsibilities, and the logistical support provided by Ashurst, making the transition smooth and enriching. While Aoife recounts her client secondment at BP, and the development of her commercial awareness, the valuable relationships she built within the organisation, and the importance of timing and clarity of intent when applying for secondments.

"Timing is everything. If you know where you want to qualify and a secondment opportunity comes up, I would just say go for it. It's one of the best experiences I've taken on professionally to date." Aoife Weir.

Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.

For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Digital markets, competition and consumer law – from legislation to enforcement

Saison 1 · Épisode 1

jeudi 1 août 2024 • Durée 24:55

The Digital Markets, Competition and Consumers Act recently received Royal Assent. So what should businesses be doing to stay informed of the Act’s rollout as the Competition and Markets Authority begins its enforcement?

Fiona Garside, Chris Eberhardt, and Hayden Dunnett of Ashurst’s UK based Antitrust, Regulation and Foreign Investment Team delve into the three main pillars of the newly enacted Digital Markets, Competition and Consumers Act which promises significant regulatory changes. See our May 2024 update.

The team dissects how the new digital markets regime allows the Competition and Markets Authority (CMA) to designate firms with strategic market status (SMS), in order to impose bespoke conduct requirements and pro-competition intervention orders. The discussion highlights that the CMA's draft guidance leaves significant questions about how the CMA will exercise its broad powers, particularly in relation to conduct requirements and pro-competition interventions.

The team also consider the CMA's draft statement of policy on administrative penalties which proposes to apply an "in the round approach" to penalties for breaches of orders and undertakings following merger and market investigations. See our July 2024 update.

To listen to more Legal Outlook episodes, including past episodes of the Digital Markets Competition and Consumer Law Act, search for Ashurst Legal Outlook on Apple Podcasts, Spotify, or your wherever you get your podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

The Trainee Experience with Tom Segev

Saison 2 · Épisode 1

jeudi 25 juillet 2024 • Durée 24:20

Welcome to our brand-new podcast mini-series where Ashurst's trainees and junior associates share the influences and factors that have guided them on their career journeys.

In our debut episode trainee Tom Segev shares his journey to joining Ashurts’s trainee program, from studying history at the University of Warwick to working at a music label, Tom details his decision-making process between pursuing music law and commercial law, and along the way highlights how he navigated these choices.

Tom also details the importance of networking and how engaging with current trainees offered him invaluable insights into the culture at Ashurst, and shares his standout moments so far, reflecting on the significant responsibilities he was entrusted with early in his training, which have contributed to his rapid professional growth.

And his advice to future trainees? "Talk to people. Talk to as many people as you can. It's the best way to learn."

Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.

For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

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Episode 2: Inside UK Labour’s tax manifesto

Saison 1 · Épisode 2

mercredi 17 juillet 2024 • Durée 30:44

Ashurst tax experts explore Labour’s new tax landscape following their recent UK election victory.

In the aftermath of Labour’s historic UK election victory, tax experts Patricia Allen, Alastair Ladkin and Sophie Lloyd shed light on some of the key tax measures likely to affect fund managers and when they are likely to be introduced during Labour’s 1st term in office.

Together the team discuss the need for non-domiciled individuals and fund managers to consider their personal circumstances and seek professional advice due to the potential tax changes which include replacing non-dom status with a new residence-based regime and taxing carried interest at income tax rates. There is a lack of detail surrounding these announcements, and therefore the discussion considers some of the possible ways these changes could be made.

This is the second episode in the Tax Lyrical mini-series tackling key tax issues. To listen to this episode and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

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Regulatory enforcement mini-series part 6: What would you change about the Senior Managers and Certification Regime (SMCR)?

Saison 1 · Épisode 6

mercredi 10 juillet 2024 • Durée 33:24

The latest episode of our mini-series on regulatory enforcement weighs up the pros and cons of the Senior Managers and Certification Regime – and pinpoints how to improve it.

In this podcast mini-series, we highlight new approaches from UK financial regulators and discuss what they might do differently to ensure that they act both fairly and effectively. For this episode, we delve into the Senior Managers and Certification Regime (SMCR).

Together, Ashurst colleagues Nathan Willmott, Lorraine Johnston and Adam Jamieson acknowledge the positive cultural impact that the regime has had within firms, including clearer accountability and more engagement from the top down.

The trio also unpicks some of the more challenging aspects of the regime, including the spread of requirements in both PRA and FCA Handbooks, the ‘one strike and you’re out’ approach which emanates from regulatory references, and the difficulty of measuring whether or not conduct has actually improved.

They also identify improvements to the SMCR that could clear up confusion, reduce unnecessary red tape, and make the regime more equitable. To listen to this episode – and previous episodes in this regulatory enforcement mini-series – search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Untangling the complexity of Pillar Two for investment funds

Saison 1 · Épisode 1

vendredi 5 juillet 2024 • Durée 27:15

This episode answers many of the most pressing Pillar Two questions that investment fund managers are asking.

As investment fund managers grapple with the potential impacts of Pillar Two legislation, a select group of Ashurst’s tax experts have compiled this podcast to demystify the details.

Adnand Sulejmani offers a brief overview of the Pillar Two legislation, its original intent and how it is enforced in Luxembourg. He also explains how to determine whether an investment fund falls within the scope of Pillar Two, including potential exemptions that exist. Alexandra Clouté explores what implications Pillar Two has for widely held and closely held Luxembourg investment funds. She also emphasises that, whatever scenario a fund finds itself in, it’s vital that fund managers perform due diligence and verify the consolidation status with investors to ensure that there are no unforeseen issues.

Patricia Allen points out that Pillar Two is more likely to apply for single investor funds or segregated mandates, and Alastair Ladkin explains how fund managers are already responding, including: making investors aware of Pillar Two, sourcing information to determine how Pillar Two applies, and deciding how to treat Pillar Two costs.

This is the first in a mini-series of episodes tackling tax issues and investment funds. To listen to this episode and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Regulatory enforcement mini-series: what difference will the FCA's anti-greenwashing rules make?

Saison 1 · Épisode 5

jeudi 27 juin 2024 • Durée 29:25

The latest episode of our mini-series on regulatory enforcement considers the impact of the UK Financial Conduct Authority’s new rules that seek to prevent greenwashing.

Failing to comply with the Financial Conduct Authority’s (FCA) new anti-greenwashing rules could have serious consequences for financial services firms in the UK. In this episode, we summarise the main changes and tackle the most pressing questions that firms are asking right now, including:

Why have these changes been introduced and how do these add to the FCA’s enforcement arsenal?
What areas do (and don’t) the rules cover?
When will the rules come into force, how will they work in practice, and how might firms feel the impact of these?
How does the FCA’s guidance clarify what is considered “clear, fair and not misleading”? And what difference could the changes make to firms’ marketing communications?
How do the FCA’s changes impact firms’ ongoing compliance work in relation to climate-related financial disclosures?
What further amendments could the FCA introduce to make the rules more effective?

Answering all these questions, and more, are Ashurst colleagues Nathan Willmott, Lorraine Johnson and Anna Varga. To listen to this – and previous episodes in this regulatory enforcement mini-series – search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Lire plusRéduire

Regulatory enforcement mini-series: should firms be concerned about FOS complaints?

Saison 1 · Épisode 4

vendredi 14 juin 2024 • Durée 34:07

In our continuing mini-series on regulatory enforcement of financial services firms, we pick out the issues and tackle the trends to watch - with this episode focusing on the UK Financial Ombudsman Service.

Welcome to our latest episode for financial services firms and their senior management. In this mini-series, we explore how regulators and authorities are conducting investigations and handling complaints, and we suggest what might be done differently to ensure the fairness and effectiveness of regulation.

In this episode, Ashurst colleagues Nathan Willmott, Adam Jamieson and Paul Ryan-Brown discuss issues and concerns around the management of Financial Ombudsman Service (FOS) complaints, including the prominence of aggressive claims management companies and the significant impact of certain high-profile FOS decisions, most notably in the motor finance sector.

“What we're seeing is the ability for FOS decisions to effectively reset regulatory standards,” says Paul. “So firms have to take into account FOS decisions in their own complaint handling process.” That’s easier said than done, given how unpredictable FOS decisions can be, but Adam, Nathan and Paul share some pointers to help firms anticipate where the FOS may stand on certain issues. The trio analyse how the current Ombudsman regime works in practice and consider how it could improve its resolution of financial services complaints and decision-making in future.

To make sure you don’t miss the next episodes in this mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

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