'Risk and compliance' podcast series
Keeping you safe and sound.
Corporate reputations can be lost in a flash, so businesses need to be alert to the myriad risks that can trip them up.
In this podcast series, our lawyers discuss issues ranging from antitrust enforcement and cyber dangers to sanctions compliance and dealing with investigations, giving you the insights to help you install safeguards for the future. We hope you enjoy the conversation.
Julie Elmer, Natalia Gomez, Roman Mallmann and Mark Sansom focus on the mechanisms for controlling mass claims including class certification from our recent webinar on “Globalisation of antitrust mass claims”, which is part of our global webinar series on class and mass claims challenges.
In this podcast in our series on market conduct topics intended for a financial services audience, Tim Mak in Hong Kong, Kim Zelnick in New York and Daniel Travers in Dusseldorf discuss recent developments in market manipulation enforcement, common themes and differences between jurisdictions and the regulatory approach to market abuse more generally.
In the latest update from Menlo Park, our Silicon Valley founding partners Boris Feldman, Pamela Marcogliese, Maj Vaseghi and Doru Gavril are joined by Alice Greenwell in London to talk people issues. They look at California’s new board diversity legislation and ask whether more states might follow suit, take a deeper dive into the merits of recent diversity-related litigation – and ponder whether the trend towards home working could drive down pay.
Nathalie Colin, Dimitri Lecat, Sabine Prossinger, Patrick Schroeder and Jeroen van Hezewijk summarise our recent webinar on mass claims in Europe, which is part of our global webinar series on class and mass claims challenges, and answer questions we didn’t have time to cover during the event.
This is the first in our series of Asia Essential Antitrust podcasts with our StrongerTogether partner firms in the region, this time focusing on Singapore. This episode features Freshfields partner Alastair Mordaunt and Singapore law firm Allen & Gledhill partners Daren Shiau, co-head of its competition and antitrust practice, and Scott Clements, a leading competition law specialist.
They explore the current competition law landscape in Singapore, giving an overview of the merger control regime and the local competition authority’s current enforcement levels, as well as offering some practical tips on what clients should look out for when navigating through the competition arena.
In the second of a series of regular updates from our team in northern California, Boris Feldman, Sarah Solum, Maj Vaseghi, John Fisher and Doru Gavril take a look at three of the hottest issues in tech and life sciences – diversity, exit options and board pay.
In the first of a series of dispatches from our team in northern California, Boris Feldman, Sarah Solum, Maj Vaseghi, John Fisher and Doru Gavril explore the impact of the COVID crisis on everything from shareholder activism to securities litigation.
The economic hardship caused by COVID-19 has resulted in an increase in firms in financial distress looking for a path forward through M&A. Jenn Mellot speaks with partners Alastair Chapman, Mary Lehner and Tone Oeyen to discuss how enforcement agencies view distressed firm transactions, how the agencies have responded to the unique financial conditions caused by the pandemic and what policies have been introduced to prevent hostile foreign takeovers of critical assets and technologies.
Data protection and cybersecurity are gaining more prominence in international arbitration and we expect this to continue, not least because the threat of significant fines has proved real. Welcome industry guidance has recently been published, and we should see increased awareness of personal data and cybersecurity issues as well as heightened efforts to ensure compliance.
In this podcast, partner Patrick Schroeder in Hamburg, and principal associates Niamh Leinwather and Désirée Prantl in Vienna, examine how the proliferation of modern data protection regimes has added complexity to cross-border disputes, pushing arbitration users to increasingly consider data protection obligations in arbitration proceedings.
The COVID-19 pandemic has resulted in rapid changes to the global foreign direct investment landscape as governments re-evaluate which assets will be critical to national security in the future. Many of these changes are here to stay.
Jenn Mellot speaks with partners Michele Davis, Aimen Mir and Hazel Yin about the most significant changes across Europe, the United States and Asia and discuss what deal-makers can do to navigate through this increasingly complex global regulatory landscape.
The US Federal Trade Commission has been highly successful in blocking mergers in court over the past several years, but it recently lost its challenge to the Evonik/PeroxyChem merger. Jenn Mellott speaks with Eric Mahr, Andrew Ewalt, and Laura Onken, members of the Freshfields antitrust team who worked on the litigation, about the case and what businesses should take away from this significant win against the FTC.
In this podcast, following on from his recent blog post - The turning of the year – UK financial services enforcement trends in 2019 and the year ahead - Tom Clark, a partner in our dispute resolution practice, summarises key themes from recent FCA enforcement activity in the UK and gives an insight into what the future for UK enforcement may hold.
The past few years have seen a renewed interest in vertical merger enforcement in the US. Jenn Mellott speaks with US antitrust partner Tom Ensign and counsel Jan Rybnicek, who break down the most significant investigations and discuss what companies should take away from the draft vertical merger guidelines published by the FTC and DOJ last month.
After an eventful 2019, we look at sanctions and international trade trends to watch for in 2020. In this podcast, Stephanie Brown Cripps joins Nabeel Yousef to discuss Iran-related sanctions, export control restrictions on Huawei and Chinese technology, and the impact of sanctions and trade on transactions.
Leading businesses are rethinking how they manage risk by taking a more holistic approach and focusing on conduct. In this episode, Matthew Bruce, Holly Insley and Bruce McCulloch discuss the increased focus on principles and behaviours, bringing compliance training to life and tactical considerations for overcoming resource constraints.
Three and a half years after the EU referendum, the UK has now left the European Union. Two of our antitrust partners, Alex Potter and Deba Das, explore the implications the UK’s departure from the EU will have for cross-border merger control, antitrust investigations and competition litigation during the transition period and beyond, and the steps that affected businesses should take to prepare.
We are delighted to announce our new sanctions and international trade podcast series. In the first episode, Nabeel Yousef from our Washington DC office discusses major trends and developments from late 2019, including US sanctions on Venezuela, enforcement highlights, and the notice of proposed rule making for information and communications technology and services.
The first episode of our competition podcast series, Essential Antitrust, focuses on the 10th edition of 10 key themes, our annual analysis of the global antitrust landscape. Podcast host Jenn Mellott discusses with Thomas Janssens, global head of our antitrust group, and Sarah Jensen, counsel in our London office, the major trends and developments we expect to see in 2020. Email us for more information on the podcast.
In recent years, investor-state dispute settlement (ISDS) has been accused of, among other things, bias towards investors, encroaching on state sovereignty, and being too slow and costly.
Gisèle Stephens-Chu, Joaquin P. Terceño, and Alex Wilbrahem examine the criticisms and how ISDS is changing in response, including procedural reforms, plans for a new investment court system and efforts to rebalance rights and obligations between states and investors.
In 2018, the Court of Justice of the European Union made its landmark decision in Slovak Republic v. Achmea regarding the incompatibility with EU law of arbitration clauses contained in bilateral investment treaties (BITs) concluded between two EU member states. The judgment created uncertainty and confusion for investors wishing to rely on the protections these intra-EU BITs contained.
In this podcast, Boris Kasolowsky, Peter Turner QC and Desiree Prantl examine the background to this decision, its scope of application and what it means for the future of investment protection within the EU.
International arbitration #1: the complete guide to arbitration funding
Third-party funding has transformed the world of commercial disputes. In this, the first podcast of our series on international arbitration, our experts discuss how to get funding, what investors are looking for – and whether it changes the client/lawyer relationship.
Many corporate scandals only come to light when an insider lifts the lid on misconduct. But what protections do those individuals get from reprisals? Do companies have to keep their identity a secret? And who is responsible for policing corporate whistleblowing programmes? As the European Union introduces a new directive on whistleblower protection, our panel of international experts explain what companies need to know about whistleblowing in Europe and Asia.
In part 2 of this episode, partners Olivia Radin, Ali Sallaway and Mark Sansom discuss redress and resolution – from the differing attitudes of authorities to the impact of resolution on civil litigation proceedings.
In this, the first podcast in our series on market conduct topics intended for a financial services audience, Daniel Newton and Lisa Eger consider the overlap between what we would consider to be market misconduct in the regulatory sphere and areas that the competition authorities are now focussing on as anti-competitive behaviour.
Investigations rarely arise in isolation. And companies are often required to balance overlapping, and sometimes conflicting, legal, financial and reputational priorities. In this podcast, partners Olivia Radin, Ali Sallaway and Mark Sansom discuss the myriad issues these cases bring and provide some pointers for navigating them.
Our experts Nick Squire, Karin Buzanich-Sommeregger and Holly Insley look at the key employment law-related issues that will flow from both a deal and no-deal Brexit. Will EU-27 citizens be able to work in the UK, and vice versa? And what should companies be doing to prepare?
Once the UK is outside the European Union, will contracts governed by English law still be respected by EU courts (and vice versa)? Where will companies be able to have their disputes heard? And will court judgments be enforceable on both sides of the Channel? Tom Snelling, Ali Kirby-Harris and Anne-Laure Vincent discuss.
In this podcast, partners Caroline Stroud, Ben Morgan and Simon Priddis explore the Freshfields casebook to reveal the behavioural drivers behind some of the most significant corporate investigations - and explain how businesses can manages these risks.
In the first of a podcast mini-series on the potential consequences of a hard Brexit, competition law experts Martin McElwee, Thomas Wessely and Angeline Woods assess the impact on merger control, investigations and state aid.
In this, the first in our global investigations podcast series, partners Matthew Bruce, Geoff Nicholas and Adam Siegel discuss the factors behind some of the difficult early judgement calls that need to be made – including how much investigation to do upfront, whether to engage with the authorities and how to deal with the potential for individual liability.
How should US technology companies approach EU regulators? Partners Natasha Good, Eric Mahr, Thomas Janssens and James Aitken, and senior associate Jennifer Mellott, discuss messages delivered by the European Commission's Nick Banasevic during the FT–Freshfields briefing that took place in Silicon Valley on the approach US tech companies should have towards EU regulators.
US-style class actions are not the norm in Europe – but that may be changing. Freshfields US litigation partner Linda Martin leads a conversation with three of her colleagues from around the firm – Michael Rohls (Germany), Mark Sansom (UK) and Jeroen van Hezewijk (Netherlands) – about recent developments in their countries, as well as what changes are on the horizon.
The EU general data protection regulation (GDPR) sets a new standard for how companies can deal with individually identifiable information. Adam Siegel, the head of the litigation practice group for Freshfields in the US, interviews two of his European colleagues, Giles Pratt (UK) and Norbert Nolte (Germany), about the ins and outs of GDPR and what the law is likely to mean for US companies.
The recent Fuji-Xerox deal made headlines for all the wrong reasons. US partners Peter Lyons, Matthew Herman and Linda Martin, along with associate Marissa Yu, take a look at what happened – and what the takeaways are for your next major transaction.
Resilience has come to be expected of companies, especially in the wake of a cyber-attack – being prepared has never been so important. Litigation and investigations partner Rhodri Thomas and associate Raphaella Pitt reflect on our participation at the Cyber Security Summit and Expo and a speech made there by the Financial Conduct Authority on operational resilience and cyber security.
The most sophisticated firewall in the world is no defence against the threat from within. Our specialists discuss how to counter the human factor in data breaches, explore examples of the behaviours that hackers exploit - and give practical tips on how to ensure those phishing attacks don’t get a bite.