Connected With Latham

As the healthcare and technology sectors converge to create revolutionary new products and innovations, companies operating in very distinct regulatory and business environments must find ways to adapt and cooperate. When non-registerable IP, such as software and data, feed patented medical inventions to produce personalized medicine, how have licensing agreements evolved to allow for such inventi...

Artificial intelligence (AI) is a burgeoning sector for investors and companies alike, but the unclear regulatory landscape for the use of AI in healthcare may cause headwinds that prevent it from achieving its full potential. The US Food and Drug Administration (FDA) asserts broad authority over medical devices, from toothbrushes to high-tech implants, under a decades-old regulatory framework. Re...

Under Article 15 of the EU's Copyright Directive, "information society service providers" must compensate "publishers of press publications" for the use of news articles, photos, and video.  Translation: social media companies and search engines will need to pay up when users access news through their platforms. Yet, exactly how this transformation of the online news businesses is to take place re...

After the EU's top court invalidated the Privacy Shield and cast doubt on the use of the model clauses in certain circumstances with consequences for global business, EU Business that use US service providers and US business that target US users across all industries. We explore the background to the decision, the current status of the existing transfer mechanisms, the guidance coming out of the E...

The EU Copyright Directive, now implemented in Europe, did not "break the internet" as some feared, but has been controversial. With the longstop implementation date for EU Member States falling after Brexit, the UK need not and will not implement the directive. What does this mean for the future of copyright law in the UK, and what does the divergence of EU and UK law mean for companies navigatin...

With insolvency alone no longer valid grounds for severing most commercial contracts in the UK, how can suppliers and customers spot early warning signs of counterparty distress and head off future risk? This podcast is the second in a series of three considering the impact of the UK's new Corporate Insolvency and Governance Act, as well as existing insolvency-related regimes in the UK and the US...

The US regulators have been particularly focused on new players in the health tech space and the novel regulatory issues their products present within the existing legal framework. While the market is ripe with opportunity for innovative healthcare delivery models, tech companies should proceed with caution and ensure they understand the complex rigors and requirements of US healthcare regulations...

Throughout 2020, cryptocurrencies experienced incremental progress towards the mainstream as institutional investors and financial institutions made positive statements about the nascent asset class, an increasing number of jurisdictions sought to establish frameworks to decisively regulate the issuing and trading of cryptocurrencies and, in some markets, regulatory enforcement continued apace. Ho...

In 2020, Singapore solidified its position as a leading center of fintech innovation, as the country continued to advance legislation and regulations to facilitate innovation and hosted the world's largest fintech event in December. From new payment services and digital bank regimes to the launch of a crypto-asset trading platform by a major bank, Singapore saw traditional financial institutions p...

2020 has been another year of growth for fintech and payments, as economies became increasingly cashless and alternative payment products and regulations proliferated. What is driving alternative payments products and networks like stablecoins and central bank digital currencies? How have payments regulations been stress tested in Europe? What have been the key areas of regulatory change and what...

With the second largest bond market in the world, China has weathered the economic downturn this year relatively well, without widespread credit dislocation. Looking ahead, will that picture change as Chinese regulators return to policy normalization, away from the accommodative stance that has sustained issuers and helped mitigate defaults? How will China defaults be resolved? In this episode of ...

Recent high-profile beauty M&A deals, coupled with economic turbulence, have brought renewed interest in the "lipstick effect" – when consumer demand for relatively affordable luxuries, such as lipstick, continues or increases during economic recessions. Indeed, the beauty market is booming as home-bound consumers seek to be "camera ready" for video calls and social media updates. In this episode...

Nearly a year after California's landmark Consumer Privacy Act (CCPA) went into effect, the reach and interlocking complexity of the world's data privacy laws continue to expand, from a maturing GDPR in Europe to additional regimes in California and beyond. How are companies adapting to the CCPA and navigating the relentlessly evolving data privacy landscape? In this episode of Connected With Lath...

Culture has become a point of focus for regulators and corporate stakeholders. The UK Financial Conduct Authority has taken a particular interest in culture and conduct within the financial services sector following the financial crisis. Companies increasingly recognise a need to measure and monitor their culture, yet struggle to do so given its amorphous nature. In this episode of Connected With...

With the end of the Brexit transition period looming, many financial services firms are asking what they need to do between now and the end of the year to ensure regulatory compliance. In this episode of  Connected With Latham , Anne Mainwaring, London associate in the Financial Regulatory Practice, joins Stephen Hanks, Manager in the Markets Policy Department at the UK's Financial Conduct Authori...

2020 has been a year of rapid change in how we work and live – changes facilitated by technology. Despite fewer M&A megadeals and a lower volume overall, tech stands out as an increasingly active and competitive sector. To catch up on the latest trends in the fast-paced tech M&A market, Ben Potter speaks with Bay Area M&A partner Luke Bergstrom, who has shepherded many of the largest tech deals of...

Sweeping changes to the UK's insolvency regime became effective on 25 June 2020, curtailing the ability of parties to terminate commercial contracts for the delivery of goods and services on the grounds, ipso facto , of the other party's insolvency. Coming in the midst of the COVID-19 pandemic, this change is particularly important for companies that depend on third-party service providers for cri...

Environmental, social, and governance (ESG) issues continue to rise in importance for global companies, a trend driven by investors, employees, customers, and other stakeholders. How are companies approaching ESG risks and opportunities? What are the accepted ESG benchmarks? What ESG issues will predominate over the coming years? In this episode of Connected With Latham , Kristina Wyatt, Latham's...

As we move from the age of AI development to the era of implementation, governments and companies are wrestling with the ethical, legal, and business challenges of deploying AI and machine learning technology in a globally competitive environment. In this episode of  Connected With Latham , Ben Potter, Global Chair of Latham's Technology Industry Group and Global Vice Chair of the firm's Emerging...

In today's competitive environment, how are startups fueling themselves between equity funding rounds as they move toward IPO? Increasingly, the answer is growth debt. In this episode of Connected With Latham , Bay Area partner Ben Potter, Global Chair of Latham's Technology Industry Group and Global Vice Chair of the firm's Emerging Companies Practice, explores the phenomenon of growth debt, and...

There is perhaps no better source on the topic of direct listings than Greg Rodgers, a capital markets partner in Latham's New York office and a pioneer of this innovative approach to going public. Latham has been at the cutting edge of this product, representing Spotify in its groundbreaking direct listing and the financial advisers in Slack's direct listing. In this episode, Bay Area partner Ben...