The Freshfields Podcast

Well-Caffeinated: What the Retail Moment Means for Private Capital

In this episode of Well-Caffeinated, host Tim Clark is joined by four Freshfields colleagues to examine one of the most significant trends impacting Private Capital today: the increasing focus on “retail” sources of capital for Private Capital investment strategies. Melissa Hodgman, David Nicolardi, Andrew Gladstein and Jeremy Barr unpack what it means for a Private Capital managers to add a retail component to its investor pool.  

The conversation covers the differences between the types of private funds traditionally managed by Private Capital managers and so-called retail funds, such as interval funds, tender offer funds and business development companies (BDCs); the different regulatory regimes applicable to retail funds as compared to traditional closed-end Private Capital products; and the risks associated with managing retail investors in open-ended funds versus institutional investors in closed end products. The panel addresses the areas of sharpest regulatory focus — valuation, liquidity, conflicts of interest, fees and distributions — before closing with practical guidance on how Private Capital managers should think about structuring their compliance programs and managing regulatory, litigation and reputational risks throughout the life cycle of a retail vehicle.

For additional context and resources related to today’s discussion, visit the referenced article on the retailization of Private Capital authored by the podcast panel.

Essential Antitrust #51: Inside the new EU Merger Guidelines with Daniele Calisti: policy, economics and practice

Twelve months ago, Daniele Calisti, Head of Unit for Merger Policy and Case Support at the European Commission, joined us to discuss the launch of the Commission's public consultation on the revision of the EU Merger Guidelines. Now, with a draft text on the table, host Jenn Mellott welcomes him back — alongside economist David Foster of Frontier Economics and Brussels partner Thomas Janssens — to get the insider’s perspective on the most significant rewrite of EU merger control in over twenty years.

The conversation goes beyond the published text to explore the Commission's own thinking on the revamped efficiencies and "theory of benefit" framework, the new dynamic theories of harm, the differentiated evidential standard, resilience as a parameter of competition, and the Innovation Shield for acquisitions of small innovative companies. Whether you're a friend of the podcast or a new listener, you'll find everything you need in this episode to navigate the reform with confidence.

With the consultation closing on 26 June and the Commission already applying the new principles informally, this episode delivers the insight your deal team needs — directly from the source.

Essential Antitrust - The Italian Voice #1: Il posto fisso (obbligato)

In questo episodio, analizziamo come il mercato del lavoro sia diventato un nuovo campo d’azione anche per l’enforcement antitrust in Europa e in Italia. Dalle recenti linee guida della Commissione Europea che contemplano anche gli accordi c.d. no-poach e wage-fixing, fino alle prime sanzioni in diversi Paesi del mondo, esploriamo come le pratiche che limitano la mobilità dei lavoratori stiano entrando nel mirino delle autorità della concorrenza.  

Global Shareholder Activism Insights #1: The Rise of the First-Time Activist

Activists are not monolithic and it is critical that companies today understand how activist types and styles impact engagement and campaigns. In this inaugural episode, Julian Pritchard and Leza Bieber are joined by Lauren Odell, Partner at Gladstone Place Partners to examine the nuances of engaging with first-time activists.

Moving beyond established funds, our experts analyze new entrants and the unique incentives driving their pursuit of market recognition. We explore why boards should treat every campaign with equal rigor and offer a specialized advisory lens on engaging with unconventional strategies designed to capture shareholder attention and bypass traditional communication channels.

Essential Antitrust #50: New safe harbours, sharper teeth - the EU's new merger playbook

The European Commission's draft merger guidelines land at a moment of real geopolitical flux — and its changes cut both ways. Scale, resilience, innovation and supply chain security are now embedded in the competitive assessment as key factors, and a new "theory of benefit" framework enables parties to argue efficiencies in novel and more comprehensive ways. At the same time, the Commission has equipped itself with a significantly expanded enforcement toolkit — from entrenchment and dynamic foreclosure to labour market effects and minority shareholdings.

In this episode of the Essential Antitrust podcast, Freshfields partners Jenn Mellott, Andreas von Bonin and Paul van den Berg discuss what has actually changed in practice: how the new innovation shield works for start-up acquisitions, where the new theories of harm create risk that deal teams need to plan for from day one, and what the expanded efficiencies framework means for how you build and present your deal to the Commission.

No Worse Off #22: Welcome to Hot Topics: charting global restructuring, one jurisdiction at a time

In our latest episode of "No Worse Off," we launch an exciting new series: Hot Topics. Host Lindsay Hingston is joined by Ken Baird, Freshfields' global head of restructuring, and senior associate Jamie Murray-Jones to introduce this fresh approach to exploring the world of restructuring.

This inaugural episode sets the scene for the series, which will take listeners across our international network, zooming into a different jurisdiction in each episode.  They discuss the intersection of international trends and techniques with local dynamics, and how this shapes the approach to cross-border restructurings.  

Stay tuned for more insights into the world of restructuring and thank you for listening to "No Worse Off."

Introducing the AI Drop

Join host Anna Gressel to unlock the future of artificial intelligence with The AI Drop, a podcast dedicated to delivering cutting-edge insights on how AI is transforming industries worldwide. Each episode features expert interviews and actionable strategies to help you harness AI, drive business value, and navigate evolving legal challenges. Fresh drops every week so you never miss a beat.

 

🎧 Episode 1 available now on all major podcast platforms:

 

Apple Podcasts

Spotify

Amazon

Web

 

Well-Caffeinated: Private Capital at the AI Inflection Point: What to Look for in 2026 and Beyond

In this episode, Sanjay Murti discusses all things AI with partners Anna Gressel, Eva Mak and Tim Clark, covering topics such as the commercialization of AI agents, AI governance, AI on the investment committee and AI as an accelerant for retailization. The panel also shares its reactions to Matt Shumer's viral post, 'Something Big Is Happening,' which explored the implications of AI development. The panelists conclude with the one thing each of them is particularly focused on when it comes to AI on the road ahead.

For additional context and resources related to today’s discussion, visit the referenced Eyes on AI article.

No Worse Off #21: Asset-Backed Finance under stress

In our latest episode of “No Worse Off,” host Emma Gateaud is joined by Mus van Hien, Head of Private Markets Capital Solutions at M&G Investments, and Freshfields partner Andy Heathcote, from our structured finance practice.

Together, they explore Asset-Backed Finance and how it is used , as well as how distress and enforcement can play out in such structures. They examine the recent fraud cases of First Brands and Tricolor and also bring their experience of investor protections and talk through enforcement issues in such structures.

Stay tuned for more insights into the world of restructuring and thank you for listening to "No Worse Off".  

ESG trends to watch in 2026: Part 2: How AI, climate transition planning, supply chains and environmental rules are evolving

Part 2 explores AI’s expanding ESG implications, uncertainty in climate transition planning, evolving supply‑chain obligations and the ongoing complexity of environmental and product‑specific rules, despite efforts to simplify regulatory frameworks.

Recorded as at 29 January.