Explorez tous les épisodes du podcast Ashurst Legal Outlook Podcast

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

In this episode of our mini-series on regulatory enforcement, we reflect on how the Financial Conduct Authority is progressing under the stewardship of Therese Chambers and Steve Smart.

Welcome to episode three in our mini-series exploring new approaches from financial services regulators in the UK. In this final episode, we discuss the shift in enforcement strategies since new Therese Chambers and Steve Smart took the helm of the Financial Conduct Authority (FCA) last year.

Ashurst colleagues Nathan Willmott, Adam Jamieson and Andrew Sims reflect on the FCA’s more assertive approach, dubbed by Chambers as the ‘bad cop bad cop double act’.

While welcoming the regulator’s intention to speed up investigations and send strong signals to markets and consumers – Nathan, Adam and Andrew take a balanced view, acknowledging some of the downsides to the new approach too. They discuss the implications of the FCA’s focus on criminal actions and prosecutions (notably in the realm of investment fraud) and assess its  ‘portfolio rebalancing’ exercise (reducing the backlog of cases and expediting the enforcement process). The conversation also covers the FCA’s targeting of areas like financial crime, market abuse, operational resilience, consumer duty enforcement action and technology.

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.

A snapshot of how employers are managing and responding to cases of workplace sexual harassment in Singapore, Indonesia, France, Spain, Germany, the UK, Australia, and Eastern Europe.

Employers across the world are stepping up their efforts to prevent, manage and respond to cases of workplace sexual harassment. While the problem is widely acknowledged, individual nations are tackling this in different ways.

Employers need a clear understanding of their reporting obligations so, in this episode, legal experts based in eight countries explain the common and contrasting ways that governments, legislators and regulators are responding. And importantly, the panel explains how employers can take robust action to prevent, manage and respond to cases of sexual harassment.

The discussion demonstrates that it is not enough for organisations to only set up policies, procedures, and training. Employers also need to proactively manage risks and should consider measures such as appointing internal ‘champions’ to share information with employees. And when allegations do arise – thorough and proper investigations should be carried out.

To listen to this – and our previous World @ Work 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.

In the second part of our mini-series on regulatory enforcement, we explain how the PRA’s Early Account Scheme works, and the factors firms should consider when deciding whether or not to participate.

Welcome to episode two in our mini-series exploring new approaches from financial services regulators in the UK. In this episode, we unpack details of the Early Account Scheme (EAS), which was introduced by the Prudential Regulatory Authority (PRA) in January 2024.

Together, Ashurst colleagues Nathan Willmott, Adam Jamieson and Laura Bell explain how the voluntary scheme enables firms to provide a narrative factual account of issues when a suspected breach is flagged for investigation. Having provided this, firms may later receive a 50% discount on their financial penalty.

Laura highlights some circumstances where the EAS won’t be available and Adam explains that individuals are unlikely to opt for the EAS. On the other hand, he says firms might follow the EAS path because it provides the opportunity to take control of the narrative and present the facts in a way that they think is fair and justified. The trio also point out some of the challenges that firms may encounter during the EAS process.

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.

In the first of a new mini-series on regulatory enforcement, we tackle an issue that is prompting much debate in the UK financial services industry: the FCA’s proposal to begin publicly naming firms right at the outset of investigations.

This episode marks the beginning of a new mini-series exploring new approaches from the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA). In each episode, we explore concerns about how the regulators are conducting investigations and we suggest what they might do differently to ensure that they act both fairly and effectively.

In episode one, Ashurst colleagues Nathan Willmott, Adam Jamieson and Eleanor Robinson discuss the proposal for the FCA to name and shame firms at the start of investigations, focusing principally on the reactions of industry and politicians to its recent consultation. Together, the trio highlight some unintended consequences and repercussions if the FCA proceeds with this approach, including the potential undermining of consumer trust, along with the difficulties meeting its aspirations for transparency and accountability, and speculate on the likelihood of the FCA doing a u-turn on this aspect of its proposals.

The trio discuss the comments from the House of Lords Financial Services Regulation Committee and the FCA's arguments in response.

Nathan and Adam explore the FCA's motivations for proposing the "naming and shaming" policy and consider the arguments made around consumer protection. Eleanor comments that the FCA are "in between a rock and a hard place" in trying to navigate a position which offers politicians and the public the information on ongoing investigations which they frequently seek, whilst ensuring that the FCA does not put growth and competitiveness of UK at risk through being too transparent about who it is investigating. Adam comments, "I do think that there was a growing momentum around the time that this letter was published that actually perhaps the FCA may change their mind in relation to the proposal. Then when this landed, I think we've seen the press, lawyers, industry bodies all pushing quite hard in unison and believing, in fact, that the FCA may change its position."

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.

Insolvency adds an extra layer of complexity to disputes between construction companies and contractors. In this episode, we discuss how these may (or may not) be resolved through adjudication.

When insolvency strikes, the path to resolving conflicts between construction companies and contractors can be much harder to navigate. Adjudication is often seen as a relatively swift and inexpensive route towards resolution – but it does carry some limitations, uncertainty, and risks.

In this episode, Ashurst colleagues Tom Duncan, Dyfan Owen and Stefan Jammes provide a brief overview of adjudication by an insolvent party, and adjudication against an insolvent party. Dyfan explains the challenges posed by insolvency set-off provisions, which have raised doubts about the efficacy of adjudication for insolvent companies. And he discusses the landmark UK Supreme Court case, Bresco v Lonsdale (2020), which affirmed the right of insolvent companies to adjudicate disputes.

Stefan and Dyfan explore the grey areas that surround the enforcement of an adjudicator’s decision in favour of insolvent parties, highlighting the stringent requirements for adequate security and the limited circumstances under which enforcement may occur. They also discuss the feasibility of adjudicating against insolvent parties and reflect on the court’s considerations when lifting the Insolvency Act’s moratorium on legal proceedings. Stefan emphasises that a balance must be struck between creditors’ interests and the insolvency process’s integrity.

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.

Join us for the second episode of our series focusing on insolvency issues in the construction sector. Tom Duncan, partner in Ashurst's construction disputes team, leads a discussion on the challenges faced by downstream contractors and strategies for mitigating risks in today's turbulent market.

In this episode, Tom Duncan is joined by Ben Patton, a partner in Ashurst's construction team specialising in real estate development and investment, and Sadia McEvoy, counsel in the same team. Together, they delve into the complexities of downstream contractor insolvencies and the implications for employers and funders.

With the construction sector grappling with unprecedented challenges, including rising insolvency rates, escalating material prices, and a slowdown in public project delivery, navigating insolvency issues has become more critical than ever. Tom, Ben, and Sadia explore the underlying factors contributing to contractor insolvencies and provide valuable insights into mitigating risks in today's challenging environment.

From understanding the triggers for termination in construction contracts to exploring the nuances of step-in rights and performance guarantees, this episode offers practical guidance for stakeholders in the construction industry. Whether you're a developer, funder, or contractor, this discussion sheds light on effective strategies for safeguarding your interests amidst increasing insolvency risks.

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.

In this episode, we discuss the legal risks and commercial difficulties for construction contractors who supply services to a company that enters insolvency.

Geopolitical turmoil. Inflation. Brexit. A pandemic. Conditions were already complicated enough for contractors before the current spate of insolvencies among UK construction companies. In this episode, we explore the legal and commercial ramifications for contractors who supply services to companies that face insolvency.

Ashurst colleagues Tom Duncan, Ru-Woei Foong and Inga West discuss the meaning of “ipso facto” in an insolvency context and, in particular, UK laws which restrict a supplier of goods or services to a company from terminating supply when the company goes into insolvency. They also explain how and when a contractor can protect their position and pursue outstanding payments, and they discuss circumstances that could enable a supplier to terminate the contract.

The trio emphasise the importance of contractors engaging early with insolvency practitioners to clarify their position and weigh up their options. And they discuss the Building Safety Act and potential liability in relation to developers and their holding structures – a particularly acute challenge with older or more mature developments.

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.

In the last episode of this mini-series, the team discuss what the greatest enforcement threats have been across the globe over the past 12 months and what is likely to be the emerging areas of risk corporates must look out for in 2024.

In this last installment in our Corporate Crime and Investigations Series, our international panel of experts, led by Ashurst host Ruby Hamid, dissected the most significant enforcement threats that have shaped the global corporate landscape over the past 12 months.

From the Netherlands, we heard from Marianne Bloos from the Dutch firm Houthoff, KS Shin brought insights from Korea, Tristan Bramble talks through the U.S experience while Dr Eleanor Robinson shares the UK  perspective.

The discussion examines the key questions, including, the greatest enforcement threats for corporates worldwide. Expectations of authorities in various jurisdictions regarding corporates conducting their own internal investigations and self-reporting, and what enforcement risks should corporates be vigilant about as we venture into 2024?

Whether you were a compliance professional, legal expert, or simply interested in staying ahead of the curve in regards to corporate enforcement trends, this episode promises valuable insights, recent case studies, regulatory developments, and emerging trends to provide you with a comprehensive understanding of the global enforcement landscape.

To stay informed and catch-up on our corporate crime and investigations mini-series subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

See omnystudio.com/listener for privacy information.

Ashurst colleagues Joe Perry-Courtade, Kim Clifford and Alison Hardy provide a snapshot of the trends that will shape the world of real estate disputes this year.

In this episode, we take you on a whistle stop tour of the real estate dispute issues that are set to dominate headlines in 2024. In just 13 minutes, Ashurst’s Joe Perry-Courtade, Kim Clifford and Alison Hardy cover everything from tenant insolvencies and development disputes, to commercial energy efficiency and upcoming reforms of the Landlord and Tenant Act.

The trio begin by discussing rising tenant insolvencies (notably in retail, accommodation, and food) before tackling development disputes and the challenges faced by the construction sector (exacerbated by supply chain issues and escalations in costs, interest rates and inflation).

Next, they discuss the mooted reforms of the Landlord and Tenant Act 1954, tackling issues such as security of tenure, notices, and renewal lease terms. The episode wraps up with commercial energy efficiency including the shifting compliance timelines and the risks of stranded assets for landlords who fall short of the new regulations.

To make sure you don’t miss any episodes of Ashurst Legal Outlook in 2024, subscribe 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.

In the second episode of this mini-series, we tackle sanctions risk – including the robust systems and controls that firms require, recent enforcement actions, guidance from regulators, and unfolding geopolitical issues to watch out for.

Hear an international expert panel share invaluable updates for compliance professionals and organisations seeking to mitigate the risks of a sanctions investigation.

Ashurst host Tom Cummins is joined by colleagues in Paris (Olivier Dorgans), Tokyo (Alexander Dmitrenko), and London (Sophie Law and Matt Russell). Together, the group outlines the systems and controls that firms require (including comprehensive risk assessments, considering different sanctions regimes, robust screening processes, and staying updated on guidance from regulators). They also highlight recent enforcement activities and the implications for systems, controls, and due diligence.

Read our article on the FCA review of sanctions systems and controls.  

Geopolitical challenges are considered (such as those involving China, Israel and Russia), amidst heightened scrutiny over transactions in certain sectors and regions. And the panel concludes by looking ahead: discussing the prospects for enforcement and the growing importance of data-driven supervisory assessments and internal audits.

To follow this continuing mini-series about corporate crime and investigations, 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.

With the UK set to introduce the most significant changes to corporate criminal liability laws for a generation, how can companies prepare?

Fraud is a hot topic currently. New technologies and an economic downturn have triggered a huge uptick in these criminal offences worldwide. With new UK legislation in the pipeline to bolster efforts to prevent (and prosecute) corporate fraud, companies are scrambling to prepare.

In this podcast episode, we look at the elevated responsibilities, liabilities, and risks for organisations – spanning controls, governance, frameworks, and more. Along the way, we highlight the issues that should be top of mind for various company leaders, including board chairs and directors, senior managers, chief risk officers, audit committees, and general counsels.

To tackle these issues, Ashurst’s Ruby Hamid is joined by an expert panel of colleagues including Nisha Sanghani, Neil Donovan, Matt Russell and Tom Mercer. This is the first episode in a continuing mini-series about corporate crime and investigations. To make sure you don’t miss future episodes, 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.

Ashurst colleagues Anna Morfey, Tim West and Max Strasberg look back on a significant year in the world of anti-trust and collective actions, including issues stemming from certification, post-certification and case management. They also consider what’s in store for 2024.

In 2023, a lot happened in a short space of time in the class actions landscape. In this episode, Ashurst’s expert panel summarises the most notable changes, trends, and cases – and highlight issues to watch out for in 2024.

The podcast reflects on an action-packed year for the UK’s Competition Appeal Tribunal (CAT), including significant developments in certification processes for class actions. The panel also discusses several cases stemming from post-certification issues and considers what this tells us about the CAT’s likely approach in future. And, of course, they cover the Supreme Court’s judgement in PACCAR, which was big news for the collective actions regime and litigation funding more broadly.

To listen to previous episodes in this class actions 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.

This episode explores the developing legal frameworks in two emerging hydrogen markets, unveiling some of the issues and opportunities investors should watch out for.

Ashurst’s Yann Alix is joined by Amyn Mussa from Anjarwalla & Khanna (ALN Kenya) and Madina Hamidova from Centil Law Firm.  Together, they discuss the hydrogen markets in Kenya and Uzbekistan. With many regulations still new and untested, it’s vital for foreign investors to stay informed on local legal developments.

Amyn describes the emerging landscape in Kenya, including the nation’s Green Hydrogen Strategy, which aims to leverage renewable energy for agricultural, manufacturing, and industrial purposes. He also highlights the main drivers and barriers to investment in Kenya, emphasising the well-established IPP model in the power sector and the importance of credit enhancement structures and robust government support.

Madina describes the growing market in Uzbekistan, and highlights some of the issues investors need to be mindful of. These include guarantees and incentives for foreign investors, government reforms, and moves towards privatisation.

To discover more on the international hydrogen market and opportunities, make sure to visit Ashurst’s interactive hydrogen guide at ashurst.com.

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.

Ashurst colleagues Alison Murrin and Richard Vernon pinpoint the legal trends and issues to watch out for in the UK’s real estate sector in 2024. 

Landmark legislation. Regulatory reform. Energy efficiency policy. In this episode, we take you on a whistlestop tour of 2024 in just 20 minutes – picking out the issues that will dominate the headlines in the UK’s real estate sector.

Your tour guides are Ashurst’s Alison Murrin and Richard Vernon. Together they discuss a surprise shift in energy efficiency policy, the possible impacts of COP28, delays to the biodiversity net-gain target, rejected proposals on nutrient neutrality and the challenges of unlocking stalled developments. The legislative tour also takes in the Energy Act, the Leasehold and Freehold Reform Bill, the Renters Reform Bill, and the Levelling Up and Regeneration Act, before concluding with a look at the Building Safety Act.

To make sure you don’t miss any episodes of Ashurst Legal Outlook in 2024, subscribe 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.

On Tuesday 5 December 2023, the UK's Digital Markets, Competition and Consumers Bill will be read in the House of Lords for a second time. In this podcast episode, Ashurst’s expert panel recaps the key reforms in the Bill and the major issues that arose during the committee stage and the Commons debates. They also pinpoint where the House of Lords is likely to pay particular attention.

Together, Ashurst's Fiona Garside, Christopher Eberhardt and Hayden Dunnett delve into the new digital markets regime and the hotly debated standard of review for CMA decisions about digital platforms.

The trio also reflects on changes to consumer law enforcement, including:

• Giving the CMA direct enforcement powers
• The ability to impose significant fines and require consumer redress; and
• The prospects for changes to substantive consumer law. 

They explore other notable points from the Bill arising from recent enforcement and court decisions, including those affecting litigation funding, market investigation references and the motor fuel sector amendments.

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.

Are you and your team prepared for the shifting dynamics of debt portfolio sales and trading?

As the specialty finance team at Ashurst has observed, there's a growing interest in debt purchase as an asset class. Various factors, including challenging economic conditions, rising delinquencies, capital pressures due to inflation, and a maturing market, have contributed to this trend. Companies are acquiring loan books at an accelerated pace, driving the need for liquidity to support their growth.

Debt portfolio sales and debt trading were also hot button topics to come out of the recent DealCatalyst Specialist Lending Conference and in this second episode of the series, Matt Pentecost, leader of the specialty finance practice at Ashurst, delves into the debt portfolio sales and debt trading world with fellow partner Mark Edwards.

In this episode, Matt and Mark explore the dynamics of the debt purchase market, the convergence of specialty finance and traditional loan portfolio markets, and the challenges posed by pricing, regulatory compliance, and documentation in debt purchase transactions. They shed light on the evolving landscape and discuss how businesses are navigating these complexities.

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.

In the third episode of this mini-series, we discuss how EU and UK regulators are seeking to strike a balance between competition law and sustainability agreements.

As legislators and regulators increase their focus on sustainability agreements and competition law, this podcast episode assesses the UK and EU landscapes.

To cover this evolving issue, Ashurst senior expertise lawyer Fiona Garside is joined by Irene Antypas from Ashurst’s Brussels office and Christopher Eberhardt from Ashurst’s London office. Together, they reflect on the challenge for authorities seeking to ensure that:

• Competition law doesn’t unduly stymy progress towards the UK and EU’s ambitious sustainability goals, and
• “Sustainability” isn’t used as a cover for anti-competitive agreements which do not genuinely promote sustainable progress.

The discussion covers (and contrasts) guidance from the European Commission and the UK Competition and Markets Authority. The guidance distinguishes between sustainability agreements that are unlikely to infringe competition law and those that may raise concerns. It also considers the criteria for obtaining an individual exemption from the prohibition on anti-competitive agreements.

To follow this continuing 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.

This episode looks beyond the hyperbole to explain how litigation funding is (and isn’t) likely to be impacted by the recent PACCAR Supreme Court judgment.

Tim West, Partner in Ashurst's Dispute Resolution practice is joined by Anna Morfey, a Partner in Ashurst's competition litigation team and Rosie Ioannou, Director – Legal Assets at Fortress Investment Group.

While some are ringing alarm bells after the PACCAR judgment, this podcast provides more measured analysis. Tim, Anna and Rosie discuss the likely impacts on the litigation funding industry (which have been overstated in some quarters) and explain what it could mean for collective actions currently before the Competition Appeal Tribunal.

More broadly, Rosie calls for better understanding about the role of funding, its position in the market, and the positive impact it has.

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.

Tim West and Jon Gale from Ashurst in London are joined Nick Mavrakis from Ashurst in Sydney, to discuss emerging trends and issues in Australia’s class action landscape.

With its mature class action regime, Australia is often seen as a harbinger of what’s to come in the UK. So, in this episode of our class action mini-series, we’ve invited Nick Mavrakis from Ashurst’s Sydney office to share the latest highlights and lowdown from Down Under.

Nick discusses the prevalence of shareholder class actions, pharmaceutical claims, product liability, and banking disputes. He emphasises the sophisticated plaintiff’s bar and profitable litigation funding environment that is, in part, driving these actions. Data breach claims are also more prominent, he says, in the wake of rising cyberattacks in Australia and overseas.

In conversation with Tim West and John Gale from Ashurst in London, Nick also discusses the pros and cons of different settlement strategies for class actions. And the trio explore the vexed issue of privacy, including the UK’s Supreme Court case involving Google and a more recent case again involving Google and its AI division, DeepMind.

To follow this continuing class actions 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.

In the aftermath of the UK Supreme Court’s PACCAR judgement, Ashurst’s Matt Pentecost and Anna Morfey explain what this means for litigation funding.

In this, the first episode of our specialty finance mini-series, we shed light on litigation funding as an asset class and the challenges presented by the UK Supreme Court’s PACCAR judgement.

Ashurst’s Matt Pentecost and Anna Morfey explain the details and significance of the PACCAR case, including the difference between opt-out and opt-in class actions and the broader application of the Competition Appeal Tribunal regime beyond traditional competition claims.

The duo discuss the market’s response, with some agreements being redrafted to make the damages-based elements severable. They reflect on anticipated legislative changes and how the current uncertainty could impact structured finance transactions.

This episode is a precursor to the DealCatalyst Specialist Lending Conference in London on 16 November, which will delve into specialist finance, including litigation funding. To follow Ashurst’s continuing specialty finance podcast 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.

Ashurst’s Tim West and Jon Gale are joined by crisis communications expert Simon Pugh, to discuss the PR risks of classes actions.

“Oh, I have lost my reputation! I have lost the immortal part of myself…” These words, uttered by the disgraced Cassio in Othello, illustrate that reputation is highly prized – and sorely missed when it is lost. This remains true today, 400+ years after Shakespeare’s Company was performing to audiences full of lawyers at the Inns Of Court in London.

In the latest episode of our class actions mini-series, we consider the reputational risks for companies caught up in class actions. Simon Pugh from Portland Communications explains the wider implications of such legal proceedings “which can be substantial from a financial point of view”, the importance of understanding what is driving claimants’ behaviour, and why class action PR and legal strategies need to work hand in hand.

To illustrate some of the reputational issues, Ashurst’s Jon Gale talks through some recent cases under the relatively new Competition Appeal Tribunal (CAT) regime. The role of litigation funders is also explored, as well as public perceptions and potential apathy toward compensation distribution.

Finally, the trio discuss emerging PR trends for class and group actions, including public interest litigation, the impact of parent company law, and the increasing importance of ESG-related cases.

To follow this continuing class actions 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.

Ashurst’s Tim West, Tom Cummins and Martin Eimer discuss how companies can mitigate the risk of environmental, social and governance (ESG) class actions.

As the scope, disclosure, and scrutiny of corporate ESG outputs continues to grow, the risk of class actions is growing too. In this episode, legal experts from the UK and Germany explore how ESG claims can give rise to class actions – and what corporates can do about it.

Together, the guests explore some of the different kinds of ESG disputes that companies might encounter and what typically motivates or triggers class actions. They also explore how ESG class actions can come from many sources, such as investors, customers, or those affected by supply chain activities.

Tom Cummins and Martin Eimer compare notes on the UK and German experiences of ESG class actions and highlight the trends to watch for boards and risk committees. They also suggest practical steps that companies can take to mitigate ESG litigation risks.

To follow this continuing class actions 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.

We are delighted to welcome you to this EU and UK Horizontal Guidelines podcast episode.
Ashurst's Fiona Garside, a senior expertise lawyer in Ashurst's Antitrust, Regulation and Foreign Investment team is joined by senior associate Laura Carter and associate Jessica Bracker.

In this episode Fiona, Laura and Jessica discuss how the new EU and UK horizontal guidelines deal with different types of information exchange, why this is an area of interest to regulators and practical considerations.

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.

In the first episode of this mini-series on class actions, Ashurst’s Tim West, Jon Gale, and Anna Morfey set the scene by highlighting emerging trends and legal developments.

With class action risk rising up corporate agendas, we’re launching a new mini-series to explore the emerging risks and trends for business leaders to watch out for. We’ll speak with legal experts from across the globe to bring you fresh perspectives and analysis to help your organisation stay ahead of the curve.

Our mini-series kicks off in London, where three Ashurst lawyers explain the basics of class actions and their growing prominence. Tim West, Jon Gale and Anna Morfey reflect on the differences between UK, US and Australian class actions and the different ways to bring claims.

The trio also discuss the Competition Appeal Tribunal regime and some of the unique challenges for defendants, including potential for actions occurring 

in multiple jurisdictions. And they emphasise the need for companies to proactively consider reputational risks posed by class actions.

To follow this continuing series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts. Future episodes will feature experts from the US, Australia, Germany and elsewhere exploring topics such as ESG, greenwashing, crisis management, and more.

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.

This is the first episode in our brand new miniseries on the new EU and UK horizontal guidelines. Senior Expertise Lawyer in Ashurst's Antitrust, Regulation and Foreign Investment team Fiona Garside is joined by Annick Vroninks, a partner in our Brussels office, and Michael Holzhäuser, a partner in our Frankfurt office.

The first episode in our new miniseries on EU and UK horizontal guidelines looks at the enforcement of the prohibition on anti-competitive agreements, focusing on recent enforcement trends and sectors that have been under scrutiny. The episode also provides a high level overview of the key changes to the horizontal block exemptions and guidelines, setting the scene for future episodes.

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.

Rolling the dice

This is the fifth episode in our second Women in Tech mini-series.

In this mini-series, we share inspiring stories of women working at the intersection of innovation, law and technology.

In this episode, Denae Erasmus, Senior Associate, is joined by Rebecca Cope, Partner, both from the Digital Economy team at Ashurst.

In their discussion, Rebecca looks back on a winding career journey that has led to her current role as a partner at Ashurst. Rebecca talks about how keeping an open mind about the direction of her career path and spotting the opportunities that lead to her pivot from competition law to the tech start-up world and now to her partnership role in Ashurst's Digital Economy team. Rebecca also reflects on the rewards of working on mega digital infrastructure projects which impact the lives of millions of people every day.

This 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.

Post-employment restraints, also known as 'restraints of trade', are clauses often contained in an employment contract that seek to prevent former employees from engaging in a range of competitive activities for a period of time after their employment ends.

This episode is part of Ashurst’s ongoing World@Work Global Employment series, which explores critical employment issues impacting global jurisdictions with unique perspectives from Ashurst Employment law experts.

In this episode, Employment partner Jennie Mansfield hosts a discussion about developments affecting post-employment restraints with colleagues across the globe, touching on issues like limits on the length of prohibitions in the UK and Spain and their impact on leaver clauses in stock option plans in Germany.

Jennie is joined by Crowley Woodford, partner from London, Andreas Mauroschat, partner from Frankfurt, Cristina Grande, Counsel from Madrid and Muriel Pariente, partner from Paris.

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.

One step at a time: The path that led me to tech

This is the fourth podcast in our second Women in Tech mini-series.

In this mini-series, we share inspiring stories of women working at the intersection of innovation, law and technology.

In this episode, Ashurst Corporate and Digital Economy Associate, Jessica Leung is joined by Lucy Spencer, Lead Counsel in the Network Infrastructure team at Meta.

In their discussion, Lucy shares how her legal career has evolved over the years, how she entered the Digital Economy industry with Ashurst and her switch to becoming an in-house counsel with the Meta legal team in Singapore.

This 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.

Female lawyers on pursuing growth, trailblazers and celebrating the small wins

This is the third episode in our second Women in Tech mini-series.

In this mini-series, we share inspiring stories of women working at the intersection of innovation, law and technology.

In this episode, Ashurst Digital Economy Counsel Dora Guslitser is joined by Maria Marinelli, General Counsel at Bupa Asia Pacific.

In their discussion, Maria talks about her transition from private practice to in-house counsel and reflects on the skills she's picked up along the way. Maria also reflects on the barriers she’s faced (and overcome), the importance of pursuing growth and the trailblazers who paved the way for her to succeed.  She also talks about the importance of celebrating the small wins and shares some career advice for junior lawyers.

This 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 seek legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Technology x Finance

This is the second episode in our second Women in Tech mini-series.

In this mini-series, we share inspiring stories of women working at the intersection of innovation, law and technology.

In this episode, Ashurst Digital Economy Junior Associate Emily Jones is joined by Sarah Woodland, Managing Director, and Sophie Last, Vice President of the Consumer and Digital Finance Legal Division at Goldman Sachs.

In their discussion, Sarah and Sophie reflect upon their careers to date, the things that led them to a career in FinTech and Finance, and they share the advice they'd give to young women in law interested in pursuing a career in FinTech.

This 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.

In this podcast, the topic reviewed is Sanctions, Investigations and Enforcement.

Tom Cummins, a partner in Ashurst's dispute resolution practice, is joined by colleagues Sophie Law, Olivier Dorgans and Alexander Dmitrenko.

In this episode, Tom, Sophie, Olivier and Alexander discuss dealing with sanctions, how investigations start and sanctions enforcement across the UK, EU and US.

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.

Technology x Health x Data: Empowering Women

This is the first podcast in our second Women in Tech mini-series.

In this mini-series, we share inspiring stories of women working at the intersection of innovation, law and technology.

In this episode, Ashurst Digital Economy Partner Rhiannon Webster is joined by Sue Khan, Vice President of Privacy and Data Protection Officer at Flo Health.

In their discussion, Sue talks about her role in a company whose mission is to use data and technology to empower women when it comes to understand and take charge of their health.

This 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 seek legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Ruby Hamid, partner and co-lead of Ashurst's Global Corporate Crime team is joined by Nathan Willmott, a partner in Ashurst's dispute resolution team and Liz Parkin, a senior associate in Ashurst's employment practice.

Ruby, Nathan and Liz discuss and explore the global trends and developments in whistleblowing.

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.

Neil Donovan, senior associate in Ashurst's global corporate crime team, is joined by Adam Jamieson, a partner in Ashurst's dispute resolution practice based in London and Matt Russell, a partner in Ashurst's Risk Advisory business, specialising in financial crime compliance.  

In this episode, Neil, Adam and Matt look forward and discuss how seriously firms should be taking Anti-Money Laundering risk and the themes they are seeing in 2023

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.

Ruby Hamid, co-lead in Ashurst's global corporate crime team is joined by Richard Bulmore, a partner in Ashurst's restructuring and insolvency practice based in London, Alexander Dmitrenko, Ashurst's corporate crime and investigations lead in Asia, Sophie Law, an investigations and litigation expert based in London and Olivier Dorgans, a partner in Ashurst's Dispute Resolution practice based in Paris.

In this episode Ruby, Richard, Alexander, Sophie and Olivier look forward and discuss the triggers they think they'll be seeing in 2023 and what macroeconomic trends will be involved.

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.

Nathan Willmott, co-lead in Ashurst's global investigations team is joined by Adam Jamieson, a partner in Ashurst's dispute resolution practice based in London, Julia Sutherland, a partner in Ashurst's employment practice based in Perth and Matt Worsfold, a Partner in Ashurst's Risk Advisory practice.

In this episode Nathan, Adam, Julia and Matt discuss what comes after an investigation, the outcomes, remediation and follow on risks. They also touch upon the lessons that can be learned from investigations.

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.

Fiona Garside, a Senior Expertise Lawyer in Ashurst's Antitrust, Foreign Investment and Regulation team, is joined by partners Christophe Lemaire and Donald Slater.

Subsidies granted by EU Member are already subject to EU State aid control, but there have been concerns about the impact of foreign subsidies on the internal market.

Fiona, Christophe and Donald discuss the anticipated impact of the FSR and potential challenges and opportunities in its application.

This 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.

Ruby Hamid, co-lead in Ashurst's global corporate crime team is joined by Tom Mercer, Duncan Liddell, Ruth Buchanan and Matt Russell,  partners in Ashurst's corporate, competition, employment practices and Ashurst's Risk Advisory practice.

In this episode, Ruby, Tom, Duncan, Ruth and Matt discuss the triggers they have seen in 2022 and how clients can manage investigation risk.

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 2022 World Health Organization's World Mental Health Report states that about one in eight people in the world live with a mental disorder, and globally an estimated 12 billion working days are lost every year to depression and anxiety at a cost of $1 trillion per year in lost productivity.

These statistics present an overwhelming business case for minimising mental health situations arising in the workplace because of their substantial impact on business operations.

Crowley Woodford, Head of Ashurst's European Employment practice is joined by Scarlet Reid, an Employment partner in Australia who specialises in Health and safety, and Eleanor Reeves, a partner who leads the Ashurst's Health and Safety practice in London.

Key takeaways for employers include taking practical steps to mitigate employment and work health and safety claims. Managers should be trained to recognise and address mental health issues and not ignore warning signs. Regular and comprehensive risk assessments should focus on psychological risks, and measures should be taken to mitigate those risks. Engaging with the workforce on work-related stress and listening to their concerns can lead to an action plan to address these issues. Companies can also normalise conversations about mental health and use the ISO 45003 framework to integrate good management practices that can increase resilience, retention, productivity, and reduce sickness absence and claims.

This 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.

In this episode of our World@Work mini-series, we compare recent legal reforms in Spain, the UK and Australia – all aimed at tackling the issue of workplace sexual harassment.

Cristina Grande explains the Spanish crackdown, by  criminalising certain workplace harassment and discrimination. As legal entities, employers can be held liable if certain incidents occur within the organisation in Spain. Cristina explains the real and potential consequences of this, as well as the harassment prevention measures that proactive employers are now taking. Raquel Mendieta also outlines how new Spanish laws could impact employers and employees.

Liz Parkin and Tamara Lutvey reflect on the similarities between the approaches in the UK and Australia, where workplace sexual harassment is not criminalised. Liz explains the shifting legislative  landscape in the UK, where the focus has been on workplace health and safety. Meanwhile, Tamara highlights Australia’s focus on giving victims of workplace sexual harassment as much choice as possible in how they wish to report, address and/or prosecute the issue.

Regardless of how legislators respond to workplace sexual harassment, one conclusion is inescapable: all employers globally need to maintain a positive workplace culture that promotes gender equality. This, in turn, reduces the risk of sexual harassment, and other harassment, discrimination and bullying.

This 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.