The Freshfields Podcast

State of play on Pillar Two

"It is still difficult to predict when the new world of corporate taxation will materialise and what it will eventually look like."

In this podcast, tax partner David Beutel and principal consultant for EU Regulatory and Public Affairs Léa Bareil discuss the current status of the OECD’s Pillar Two proposals for a global minimum rate of tax. They look at the OECD’s current view on Pillar Two, the latest position in the EU - including what happens if unanimity can’t be reached, as well as considering recent developments in the US.

Great (stakeholder) expectations: Episode 1 - A turning point for ESG

“It’s going to get weirder and harder before it gets better.”

In this episode of our Great (stakeholder) expectations series, Freshfields’ Elizabeth Bieber and Pamela Marcogliese and FTI Consulting’s Patrick Tucker and Garrett Muzikowski discuss ESG trends coming out of the past proxy season, the so-called “anti-ESG” movement, implications for the engagement season, the root causes behind them, and where companies should really be focusing their attention in the short-term.

The views expressed herein are those of the author(s) and not necessarily the views of FTI Consulting, Inc., its management, its subsidiaries, its affiliates, or its other professionals.

FTI Consulting, Inc., including its subsidiaries and affiliates, is a consulting firm and is not a certified public accounting firm or a law firm.

Essential Antitrust Asia #7: Key antitrust issues in Japan

In this episode of our Essential Antitrust Asia series, Freshfields’ senior associate Laurent Bougard speaks to Kaori Yamada, a partner of the firm’s Tokyo office and Head of the Antitrust, Competition and Trade practice in Asia.

The topics discussed by Kaori and Laurent include:

• Key merger control considerations for Japan-bound investors;
• The JFTC’s increasingly informal approach to enforcement in behavioural cases; and
• Other practical tips when doing business in Japan.

Managing Risk in Asia #6: Managing transactional risks in life science investments in Asia

Supported by increasing demand, partially fuelled by the impact of COVID-19, recent years have seen the life sciences sector develop into a critical growth area in Asia Pacific, which is home to approximately 60% of the world’s population. As a result, global investors are increasingly looking at opportunities in the region to capitalise on the demand. At the same time, Asian investors are increasingly expanding their footprint outside Asia Pacific.

In this episode, our speakers cover:

• Trends in investment strategy in life sciences in Asian markets.
• The challenges and risks associated with different transaction structures, and emerging risks for investors in Asian markets and for Asian investors investing outside the region.
• Practical tips on managing different risks and cultural preferences in cross-border transactions.

Tax matters: what is the impact of the proposed restrictions to the UK sovereign immunity tax exemption?

The UK government recently published an unexpected consultation setting out proposals to reform the existing UK sovereign immunity exemption from direct tax. The proposals include significantly restricting the scope as well as changing the eligibility criteria for this exemption.

In this podcast Joshua Critchlow discusses the proposals in the consultation with London tax partners Helen Buchanan and May Smith and London tax associate Charlotte Anderson.

This includes a detailed overview of the key proposals and the rationale for the proposals as well as discussion on which investors will be most impacted by these proposals. It is highlighted that the most significant implications are likely to be for sovereigns investing in UK real estate, including sovereign wealth funds and overseas government pension funds, as well as fund managers that have relied on the sovereign immune status being available for investors

A new European AML authority – A year on

Following on from our 2021 podcast on the European Commission’s AML/CFT legislative package, this new podcast will focus on the progress made to the proposed Regulation for a new AML Authority since its publication a year ago.

In this podcast, Janina Heinz (Financial regulatory Counsel based in Frankfurt), Marcel Michaelis (White-collar defence, compliance and global investigations Associate, based in Berlin) and Victor Garcia Lopez (EU Regulatory and Public Affairs Consultant, based in Brussels) analyse the developments that have taken place over the last 12 months around this piece of legislation. They provide updates on where this initiative stands in the EU legislative procedure, the main tasks and powers of the new authority, as well as the key points for industry players and market participants to consider.

MedTech and Health Equity for Women - A Conversation with Marissa Fayer

In this episode of our MedTech podcast series, Freshfields Partner Vinita Kailasanath sits down with Marissa Fayer – CEO and Founder of HERhealthEQ – to discuss trends in the global women’s healthcare market, including the women’s health industry’s growth beyond fertility solutions, efforts to increase clinical trial diversity, health equity, and more.

Essential Antitrust #22: Global focus on labor: not necessarily business as usual

Antitrust Authorities worldwide have been very vocal on their increasing focus on antitrust violations in the labor market – but what does this actually mean for businesses?

In this latest Essential Antitrust podcast, host Meghan Rissmiller is joined by Holly Insley, a partner in Freshfields’ People and Reward practice in London, and Ermelinda Spinelli and Bruce McCulloch, antitrust partners in Milan and Washington DC. They discuss trends in antitrust labor enforcement and some practical implications for businesses looking to ensure compliance amidst the ever-evolving enforcement regimes.

Does the proposed UK corporate re-domiciliation regime measure up?

The introduction of an inward UK corporate re-domiciliation regime has been given the green light in the responses to an initial consultation - but otherwise the detail of the regime remains subject to consideration by the UK government and further consultations on the design of the regime are expected in due course.

In this podcast Joshua Critchlow interviews tax partner Jill Gatehouse, corporate partner George Swan and senior knowledge lawyer Alison Dickie to discuss some of the key UK corporate and tax aspects of the proposals as well as what we can expect in terms of next steps.

This includes discussion of the rationale for introducing a UK corporate re-domiciliation regime and whether the proposals deliver on the objective of making it easy to re-domicile to the UK. Key tax implications of the proposals are also considered, including the interaction with existing UK corporate tax residence and stamp duty/SDRT rules and the potential impact on the base cost of capital gains and intangible assets for companies re-domiciling to the UK.

Essential Antitrust #21: New EU and UK distribution rules for the next decade: check for compliance and new opportunities

On 1 June new EU and UK rules on agreements for the supply and distribution of goods and services enter into force.

In this latest Essential Antitrust podcast, host Meghan Rissmiller is joined by Tone Oeyen and Alex Potter, partners in Brussels and London, to discuss the implications for businesses as they look to ensure compliance with the new regimes and adapt their strategies to take advantage of some of the changes.