The Freshfields Podcast

UK Financial services enforcement round up and looking ahead

In this podcast, Tom Clark and Sharon Grennan consider recent UK enforcement and look ahead to the potential focus for the rest of 2021. A related article is also available.

View from the Valley #5: deconstructing SPACs – how they vary and how they perform

SPACs are the hottest business story of the year. In the latest episode of our View from the Valley podcast series, Freshfields partners Boris Feldman, Pamela Marcogliese and Michael Levitt are joined by Stanford professor Michael Klausner, one of America’s foremost experts, to discuss the ins and outs of the SPAC craze – from how they perform for investors and targets to whether they’re a likely source of future litigation.

Freshfields whistleblowing survey: impact of the #MeToo movement

As part of our ongoing review of whistleblowing culture over the years, we’ve gathered the views of over 2,500 individuals in the UK, US, Hong Kong, Germany and France to assess their attitudes towards whistleblowing, and to consider how these have changed since our last survey in 2017.

Our report shows that there has been a general decrease in those who have been involved in whistleblowing, as well as a decline in confidence with regards to support from senior management for those who do blow the whistle.

In this podcast chaired by Stephanie Chiu and Nicola Jones, guest speakers Caroline Stroud, Holly Insley and Boris Feldman explore one of the aspects of this survey – how the #MeToo movement may have changed our attitudes towards whistleblowing. The speakers share their thoughts on the effect of the #MeToo movement on speak-up culture and how #MeToo related reports may require specific handling and a tailored investigation process. They also discuss whether the whistleblowing trends of the survey are indicative of what we should expect in the future and discuss what might be on the horizon, including potential legislative developments in the US.

Managing risk in Asia #2: data, cybersecurity and people

2020 brought issues related to data, cybersecurity and people and conduct to the fore in unprecedented ways. How can legal and business leaders manage and prioritise these risks in 2021?

In this episode, Ninette Dodoo, Richard Bird and Stephanie Chiu of Freshfields and Kyung Kim of FTI Consulting discuss how to manage risks related to data privacy, cybersecurity and people and conduct. They cover topics ranging from:

• How has data regulation evolved across Asia and what do businesses need to do to navigate the new regulations?
• How should companies develop and implement cybersecurity policies which are both effective and defendable to regulatory bodies?
• How has Covid-19 and the move to remote working impacted conduct risk and what are the logistical challenges of conducting investigations during the pandemic?

Data and cyber breaches: Part 2 – the new go-to mass claims for claimant lawyers?

In this series of two podcasts our global team discuss why they see data and cyber breaches as the next area of focus for mass claims lawyers and how this trend may play out around the globe. The discussion includes Rachael Annear, Geoff Nicholas and Rhodri Thomas in London, Mark Egeler in Amsterdam, Julie Elmer and Peter Jaffe in Washington DC and Jonathan Wong in Hong Kong. Part 2 will explore the challenges around damages in data and cyber mass claims cases in the US, Europe and Asia.

Data and cyber breaches: Part 1 – the new go-to mass claims for claimant lawyers?

In this series of two podcasts our global team discuss why they see data and cyber breaches as the next area of focus for mass claims lawyers and how this trend may play out around the globe. The discussion includes Rachael Annear, Geoff Nicholas and Rhodri Thomas in London, Mark Egeler in Amsterdam, Julie Elmer and Peter Jaffe in Washington DC and Jonathan Wong in Hong Kong. Part 1 focuses on the hurdles of establishing liability.

Managing risk in Asia #1: geopolitical tensions and disputes

2020 was an unprecedented year of escalating geopolitical tensions and rapidly evolving business challenges. As we move into 2021, the ability to effectively map and respond to risk will remain central to success.  

In this episode, Ninette Dodoo, Nabeel Yousef and John Choong discuss how ongoing geopolitical tensions have reshaped risks, recent sanctions developments and the risk of disputes going forward. They provide practical tips for legal and business leaders and share insights on:

• How Asian companies can effectively map risks related to US and China uncoupling and increased global protectionism.
• How the evolving regulatory landscape in the sanctions arena is impacting deal viability.
• How Asia fared when it comes to pandemic related disputes and how the law is developing and adapting.

Essential Antitrust #9: Antitrust in 2021: is your business prepared for a tougher enforcement environment?

Antitrust policy and enforcement is now mainstream news: it is front and centre in discussions about large tech players and digital markets, it is a core issue in the debate on sustainability, and it remains a key consideration in global trade negotiations.

This central role for antitrust is expected to continue into 2021, and in our first episode of the year Jenn Mellott speaks with Thomas Janssens and Sarah Jensen about these major trends and developments, and why a sophisticated understanding of the global antitrust environment is more important than ever in 2021.

Mass claims in Germany – Lessons learned and latest developments

In this podcast, Martina de Lind van Wijngaarden, Martin Mekat and Jan-Henning Buschfeld discuss legislative developments in the field of mass claims on both a national and European level. 

Focal point of this edition of the podcast is the European Directive on representative actions and what impact the Directive will have on Germany and other EU member states. Moreover, the assignment models prevailing in the German market are discussed, including the latest legal trends on this topic and whether these models will be able to compete with the new Directive in Germany.

Sanctions and international trade #4: where next for Russia sanctions?

Sanctions on Russia have evolved significantly in the past six years.  Where are sanctions on Russia going with the Biden administration, the US Congress, and other jurisdictions?

In this podcast, Mark Goldberg joins Nabeel Yousef to discuss President-Elect Biden’s approach to Russia based on recent statements, past actions, and appointees, as well as how the US Congress, the executive branch, and other countries might respond.

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