The Linklaters Podcast

Episode 1: Competition Litigation Podcast Series In the first episode, Sarina Williams and James Hennah explain what we mean by “competition litigation”, the types of conduct that can lead to private enforcement damages claims, the types of claims that can be brought, and the particularities of the UK legal system that have made it one of the most popular forums for competition damages in the worl...

In this episode, Robert Walker and Felicity McMahon, from Allens' Competition, Consumer and Regulatory practice, are invited to discuss with Marcus Pollard the current priorities of the Australian Competition and Consumer Commission and its proposals of implementing changes to the merger regime in Australia. Our experts share their views on the rationale behind, the implications, and the next step...

Episode 11: ESG Soundbite Series The European Commission published the draft EU Green Bond Standard in 2021 and in our first podcast on this topic, David Ballegeer , Amrita Ahluwalia, together with Els Janssens , discuss what the EU Green Bond Standard is, how it relates to current market practice and what we can expect.

Episode 8: Non-financial misconduct and whistleblowing In this podcast episode we discuss the Upper Tribunal's Frensham decision and the important guidance it provides on when non-financial misconduct involving a lack of personal integrity can impact on an individual's fitness and propriety to perform a financial services role. This episode features Clare McMullen and Nik Kiri (partners, Financial...

Episode 7: Non-financial misconduct and whistleblowing In this podcast episode we discuss Dutch approaches to non-financial misconduct and whistleblowing in financial services firms.  This episode features partner Bas Jennen and managing associate Leonard van den Ende both from our financial regulation practice in Amsterdam, and counsel Sara Cody from our financial regulation practice in London. F...

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

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

Our Hong Kong competition specialists Kathleen Gooi and Marcus Pollard will give an overview of the key updates and enforcement trends in Hong Kong. Asia Bitesize Antitrust Podcast brings you up to speed on the most recent #antitrust and #foreigninvestment developments in key APAC jurisdictions. To understand how it might impact your business operations and strategic next steps in the region, book...

Episode 6: Non-financial misconduct and whistleblowing In this podcast episode we discuss the impact on the regulation of non-financial misconduct of recent proposed amendments to joint ESMA/EBA guidelines. This episode features Gavin Lewis (partner, Dispute Resolution, London) and Duncan Campbell (managing associate, Financial Regulation, London). For our insights on global approaches to non-fina...

Episode 20: Payments Monthly The FCA has restricted the UK operations of one of the world’s largest crypto-asset exchanges. In this month’s payments podcast, Harry Eddis, Jean Price, Paul Harris and Simon Treacy talk about what payments firms can learn from Binance’s experience. Plus, they look ahead to possible changes to the UK’s AML regime.

Episode 10: ESG Soundbite Series Minimum participation, gender quota and target figures - the German Second Act on Equal Participation of Women in Management Positions (FüPoG II) aims to strengthen the participation of women, especially in leadership positions in the private sector. In this podcast, Kristina Klaaßen-Kaiser and Timon Grau , together with Cornelius Wilk , take a look at the most imp...

Episode 3: The FCA’s Consumer Duty In this podcast episode we discuss the implications for fintechs and challengers of the FCA's proposed consumer duty.  We cover common characteristics of fintechs and challengers and how the proposals may impact them, including data analysis, customer UX/UI, online/app channels and target markets, product complexities, fee structures, "fair value" and intermediat...

Episode 9: ESG Soundbite Series For years, business and human rights in supply chains have been a top priority for many companies across various industries. For a long time, the focus was on voluntary compliance, but this is currently changing in many jurisdictions and on EU level. With the recently enacted German Supply Chain Due Diligence Act passed, the German legislator has set binding require...

Episode 7: Global Business Crime Outlook In our seventh episode hosted by Ben Packer , we speak to Erez Liebermann , Peter Church and our guest speaker from FTI Consulting, Dave Harvey . We discuss who is behind these cyber-attacks, how they operate as well as our top tips on how to prepare for and respond to a cyber incident.

Episode 5: Non-financial misconduct and whistleblowing In this podcast episode we discuss how Hong Kong financial services regulation and supervision addresses non-financial misconduct.  We outline the roles of the SFC and HKMA, examine how the regulatory framework applies to individuals' non-financial misconduct, detail the regulation of senior manager and firm accountability for incidents involv...

Episode 2: R&I Soundbites In this podcast, our Partner Nick Le Masurirer, Managing Associate, Dionne Brown and Associate Hannah Barrett Brown, consider the key features of Part 26A restructuring plans.  

Episode 2: The FCA’s Consumer Duty In this podcast episode we review the various mechanisms for consumers to obtain redress from financial services firms. We assess how the FCA’s proposal to extend the private right of action to cover Principle breaches (including any new Consumer Principle) might fit within the current framework. Crucially, will this achieve the FCA’s aim of securing a higher lev...

Episode 4: Antitrust and Funds The fifth and final episode in our funds and financial sponsors antitrust and foreign investment podcast mini-series focuses on recent developments in Asia, with a deep dive into VIE structures, increased enforcement of SAMR in the tech sector and the more proactive approach taken by regulators across the region. In this episode, Anna Mitchell, Xi Liao and Marcus Pol...

Episode 6: Operational Resilience Florian Reul, Kathrin Hafner and Simon Treacy discuss the EU’s draft Digital Operational Resilience Act, known as DORA. Florian Reul, Managing Associate: “DORA is providing a game plan on how to become better at addressing ICT risks.”

Episode 4: Non-financial misconduct and whistleblowing In this podcast episode we discuss how German financial services regulation and supervision addresses non-financial misconduct.  We examine the grounds on which a senior individual might be removed from role for non-financial misconduct or failing to control the risk of non-financial misconduct in their organisations. We also cover German whis...

Episode 5: Operational Resilience Pansy Wong, Rebecca Heaysman and Simon Treacy examine important business services and how to identify them. Pansy Wong, Partner: “In our experience there’s a feedback loop, so once you work through the other operational resilience obligations you may find yourself revisiting your approach to how you identified those important business services in the first place.”

Episode 19: Payments Monthly The FCA has told e-money firms to explain to their customers how their money is protected. In this month’s payments podcast, Harry Eddis, Jean Price, Paul Harris and Simon Treacy talk about the impact these communications will have, plus financial promotions and the FCA’s plans for a consumer duty of care.

Episode 6: Risk and pay: lessons from the financial sector Freezing awards at any time before vesting time is a sort of half-way house to malus. Why and how to do it. And to conclude, some top tips

Episode 5: Risk and pay: lessons from the financial sector Applying malus and clawback: when; what for - the trigger events; how - the process to follow, and on which awards?

Episode 4: Risk and pay: lessons from the financial sector The tricky topic of exercising discretion: what the courts are looking at and avoiding the potential pitfalls.