Horizon Scanning

The UK's regulatory cyber landscape is currently evolving, with a mixture of new legislation expected and a recent spate of cyber related fines from the ICO. In the next instalment of our series  on the evolving cyber risk landscape, members of our Cyber Hub, Richard Jeens and Natalie Donovan, and PwC's Director for Cyber Threat Detection and Response, David Cannings, discuss both the UK Government's ransomware proposalsed and the lessons organisations can learn  from recent ICO cyber fines, looking at these from both a technical and legal perspective.

With cyber-attacks on major retailers recently hitting the headlines, it is more important than ever for organisations to understand their cyber preparedness. In the first of a series focusing on the evolving cyber risk landscape, members of our Cyber Hub, Richard Jeens and Natalie Donovan, were joined by PwC's Director for Cyber Threat Detection and Response, David Cannings, to discuss the legal and technical aspects of these developments. They discuss: Lessons learned from the recent retail attacks Supply chain risk What we can expect from the upcoming Cyber Security and Resilience Bill, including what security measures it will include

2025 expected to be a defining year for marketing compliance – with increased regulatory scrutiny, expanded enforcement powers, and shifting consumer expectations, legal teams need to reassess how marketing compliance is managed across digital channels. In this Digital Horizon Scanning podcast episode, Rebecca Cousin and Rosie Wilson explore what's driving this renewed regulatory focus, what it means for in-house legal teams, and suggest how they can stay ahead of the curve. Topics covered include: What the UK's Data (Use and Access) Bill means for consent, cookies and enforcement How the ICO and EU regulators are stepping up action on online advertising Practical tips for strengthening compliance in a shifting landscape

Regulated firms with third party service providers or those undergoing digital transformation by either procuring new technology, developing their own or undergoing a technology migration, will need to take a proactive approach to potential areas of vulnerability and invest in their resilience. In this podcast episode, David Shone, Martijn Stolze and Tabitha Harris discuss the impact of these regimes and they also cover: What DORA is, and what challenges is it designed to address The major points of difference between the UK and EU regimes Key aspects regulated firms should watch out for

Oly Moir is joined by Brendan Murphy and Matt Deitz from LCP Delta in part 3 of our hydrogen podcast. They discuss the economics and commercial issues facing hydrogen projects. For an overview of the current state of the UK low carbon hydrogen market, listen to episode 1 of this 3-part podcast. 

In this episode, Oly Moir and Kathryn Emmett delve into the latest developments in relation to the UK Hydrogen Production Business Model (HPBM). They discuss the softening stance on Non-Qualifying Offtakers, the importance of power procurement for electrolytic projects, and progress on managing cross-chain risks. For an overview of the current state of the UK low carbon hydrogen market, listen to episode 1 of this 3-part podcast. 

Join Oly Moir and Kathryn Emmett as they explore the current state of the UK low carbon hydrogen market. This episode provides an overview of the market and covers the need for national standards for hydrogen production projects, the role of hydrogen in the UK government's Clean Power Action Plan, and the production pathways supported by the Hydrogen Production Business Model (HPBM). Listen to episode 2 for a deep dive into the technical elements of the HPBM, or episode 3 to delve into the economics and commercial issues facing hydrogen projects. 

How is the evolving ESG landscape, particularly in relation to diversity, equality, and inclusion impacting business strategies across the US, UK, and EU? Join Harry Hecht, Philippa O'Malley and Moira Thompson Oliver in the latest Governance & Sustainability episode of our Horizon Scanning podcast show as they sit down with Michael Arnold, Partner at Cravath, Swaine & Moore LLP, to explore how ESG, particularly DEI, has become central to the electoral cycle on both sides of the Atlantic.

What AI litigation trends should businesses watch out for? Join Ross Francis-Pike and David Ives in the latest Digital episode as they explore how arising AI is leading to an increase in litigation trends. The episode covers: How new laws and digital regulations may drive litigation in this area The potential for litigation regarding AI to be structured as mass claims The ongoing Getty v Stability AI case  

In this Horizon Scanning podcast episode, Rob Sumroy and Natalie Donovan speak to Dr Angie Ma, Co-Founder of Faculty AI. They discuss the outcomes of the recent AI Action Summit in Paris, why the US and UK decided not to sign the international AI declaration, what this means for global regulation in the future and why it would be a missed opportunity to move away from a focus on AI safety.  If you are interested in finding more Slaughter and May AI, or tech and digital, content you can subscribe to our digital blog, The Lens and our Digital Horizon Scanning series or visit our Regulating AI hub. Additionally, subscribe to our Horizon Scanning podcast show to be kept up to date when new episodes or series become available.

We explore the theme of Governance & Sustainability in this launch episode of the Horizon Scanning 2025 podcast. Partners, Phil Linnard and David Hay join Director of Knowledge & Learning, Claire Marshall-Barrand to discuss the effects of UK employment law reforms and the shift towards a circular economy on companies.

In the Energy Transition launch episode of the Horizon Scanning 2025 podcast, Director of Knowledge & Learning, Claire Marshall-Barrand is joined by Partners, Susan Hughes and Alex Dustan. During the episode, they discuss the key trends and developments they are seeing in the energy sector and corporate decarbonisation strategies.

In this Horizon Scanning 2025 launch episode we explore the theme of Digital. Partners, Rob Sumroy and Anna Lyle-Smythe join Director of Knowledge & Learning, Claire Marshall-Barrand to discuss their views on the year ahead, from digital regulation to rapid developments in AI.

In this launch episode of the Horizon Scanning 2025 podcast, we explore the theme of Capital Flows. Director of Knowledge & Learning, Claire Marshall-Barrand is joined by Partners, Victoria MacDuff and Matthew Tobin to discuss their views on what to expect in the year ahead, from M&A activity to transition finance.

We explore the theme of Crisis Management in this Horizon Scanning 2025 podcast launch episode. Director of Knowledge & Learning, Claire Marshall-Barrand discusses enforcement developments from both the Competition and Markets Authority (CMA) and the Financial Conduct Authority (FCA), and what we can expect for 2025.

In this special episode of our Tax News podcast, Zoe Andrews and Tanja Velling asked Arvind Ravichandran, Tax Partner at Cravath, Swaine & Moore LLP, what U.S. tax policy may look like during a second Trump Administration. During the episode, we cover: The significance of the Republican Party achieving a “trifecta” in the November 2024 elections. How tax legislation can be passed by simple majority vote through the Budget Reconciliation process. What policy proposals could be on the table and how you can look out for clues as the incoming Administration's policies develop. Listen to the podcast to learn more about what might happen next on U.S. tax policy.

Harry Hecht and Moira Thompson Oliver, joined by Michael Arnold, Partner at Cravath, Swaine & Moore LLP, reflect on the evolving ESG landscape following recent elections in the US, UK, and EU. They explore whether ESG policy has become clearer or more opaque, given the varying political contexts. The discussion highlights the persistent transatlantic divergence in ESG priorities, with the US showing signs of potential pullback, while the EU and UK maintain stronger momentum, albeit with certain challenges. The conversation delves into critical developments shaping the ESG agenda, including the EU elections and then Draghi Report's potential to spur innovation and competitiveness, the implications of US federal and state policy divergence post-election, and how the EU 'Omnibus' instrument might simplify disclosure requirements and rein in over-reporting. They also offer insights on how companies can effectively respond to these trends.

With global office markets steadily improving post-Covid, join Jane Edwarde and Phil Linnard as they discuss some of the key themes and trends with Lee Elliot, Global Head of Occupier Research at Knight Frank. This episode highlights the interesting link between office occupancy and employment policy, focusing on the London office market and how this compares to other global cities.   They explore the challenges and opportunities ahead for developers, customers, employers and employees as we approach 2025.

As regulators across the UK and Europe ramp up their scrutiny of green claims, businesses face increasing pressure to ensure their environmental messaging is transparent and compliant. Join Slaughter and May partners, Tim Blanchard and Lisa Wright, as they explore the key points businesses need to be aware of when making green claims.

How will competition authorities shape the future of AI for businesses and consumers? Partner Jordan Ellison and Senior PSL Annalisa Tosdevin discuss the current focus of competition authorities on the AI sector, and what this could mean for businesses and consumers in practice. 

Join Tanja Velling, co-host of our Tax News podcast and Tax Partners, Dominic Robertson and Charles Osborne, as they discuss the unallowable purpose rule, one of the UK's restrictions on companies deducting interest when calculating profits subject to corporation tax. This episode dives into: How this rule disallows interest deductions where a company's borrowing is for a main tax avoidance purpose; and recent Court of Appeal decisions on what constitutes a main tax avoidance purpose and what this means for taxpayers, particularly in an M&A context.

In this podcast, Rob Sumroy and Natalie Donovan speak to leading AI experts Faculty AI. They discuss, with Rupert Edwards (Faculty's Legal Director and GC) and Kat James (their Technical Director) what good AI regulation looks like, how they approach regulatory concerns like transparency and explainability from a technical perspective and what AI developments we can expect over the next 12 months. 

Amy Merrill is the CEO of The Integrity Council for the Voluntary Carbon Market (ICVCM), an independent, non-profit governance body for the Voluntary Carbon Market (VCM), which aims to maximise its potential to finance climate solutions. In the second part of our episode on the Voluntary Carbon Market, Amy, Samay and Aaron dive into the issue of carbon credit quality and ‘integrity', with a focus on assessing and differentiating the quality of carbon credits, and how the ICVCM works with stakeholder groups and the demand-side standard setting bodies.

Amy Merrill is the CEO of The Integrity Council for the Voluntary Carbon Market (ICVCM), an independent, non-profit governance body for the Voluntary Carbon Market (VCM), which aims to maximise its potential to finance climate solutions. In the first part of this episode, Samay Shah, Infrastructure and Energy Partner, and Aaron Wu, Senior PSL in our Infrastructure and Energy Group, are joined by Amy to delve into the key drivers behind the growing interest in Voluntary Carbon Markets (VCMs), the opportunities they offer, and their convergence with compliance markets. They also cover ICVCM's role in building consensus on global thresholds to enhance the integrity of VCMs.

The UK General Election on 4 July 2024 resulted in the first Labour Government in 14 years. This in turn heralds the biggest reform of employment law for a generation. Labour's proposals in their ‘Plan to Make Work Pay' promise wide-ranging changes, including introducing day 1 employment rights, expanding pay gap reporting, repealing the last government's anti-strike laws, and introducing rights for employees to disconnect and to work flexibly. These are fundamental changes which will require businesses to rethink many aspects of their employment practices. In this podcast, Philippa O'Malley and Clare Fletcher from our Employment team discuss Labour's proposals, and what steps employers can take to prepare for them.

Join partner Harry Hecht and our Head of Business and Human Rights Moira Thompson Oliver as they sit down with Michael Arnold, Partner at Cravath, Swaine & Moore LLP, to discuss the politicisation of ESG against the backdrop of elections in the UK, US and Europe this year.  They cover the big picture for ESG and how the regulatory agenda is evolving, dive into examples of ESG issues that are coming up in election cycles, and discuss what it means for companies navigating these challenges across their global markets.  Other key impacts discussed in this podcast include:  The main factors driving the ‘ESG-backlash' and how companies are responding on either side of the Atlantic How activism and novel litigation techniques might affect how companies view ESG The key sectors in the regulatory hotseat The continued and increasing focus on good governance

What does the recent trend of criminalisation of transfer pricing matters in France mean for businesses operating in the country? What tools are tax authorities in France using to obtain information and to enforce the rules? What action can be taken to minimise French transfer pricing risk and what options are available to resolve disputes? Julien Gayral, Partner at Bredin Prat, joined Charles Osborne and Zoe Andrews to discuss these questions and more. This is the final episode in a series on tax disputes risks. In addition to France, the series covers Brazil, the USA, Australia, India and Nigeria.

What to do about the EU AI Act? Partners Laura Houston and Jordan Ellison explore the EU AI Act, discussing what it covers, how to approach compliance and what lessons we can take from implementing other new legislation from the EU's Digital package, including the Digital Markets Act.

How do Nigerian tax disputes generally proceed? Should taxpayers continue to comply with the transfer pricing regulations although their validity is in question? How are plans for a tax amnesty likely to develop? Lolade Ososami, Partner at Udo Udoma & Belo-Osagie, joined Sarah Osprey and Tanja Velling to discuss these questions and more. This is the fifth of six episodes in a series on tax disputes risks. In addition to Nigeria, the series covers Brazil, the USA, Australia, India and France. Episodes are released weekly. Subscribe to the Tax News show to be notified of new episodes.

Why is India's tax disputes landscape unique? How should taxpayers best approach dealings with the Indian tax authority? What is the impact on taxpayers of the recent case concerning the most favoured nation clause in Indian tax treaties, including for multinationals taking dividends out of India? Mukesh Butani, Founder and Managing Partner of BMR Legal Advocates, spoke with Sarah Osprey, Partner in Slaughter and May's Tax Practice, and Zoe Andrews, Head of Tax Knowledge at Slaughter and May, to answer these questions and more. This is the fourth of six episodes in a series on tax disputes risks. In addition to India, the series covers Brazil, the USA, Australia, Nigeria and France. Episodes are released weekly. Subscribe to the Tax News show to be notified of new episodes.

What impact could nature degradation, both domestically and internationally, have on the UK's economy and financial sector? First-of-its-kind analysis, led by the Green Finance Institute (GFI), in a report “Assessing the Materiality of Nature-Related Financial Risks for the UK”, references that the deterioration of the UK's natural environment could lead to an estimated 12% loss to GDP by the 2030s. Samantha Brady, Head of Environment and Climate Change at Slaughter and May, is joined by Helen Avery, GFI's Director of Nature Programmes, to explore what the report's findings mean for corporates and financial institutions.

What is the Australian Taxation Office's approach to tax compliance for multinationals? Does the ATO take into account a wider range of factors than HMRC when considering a settlement? What does the PepsiCo decision mean for the ATO's expansive definition of “royalties”? Angela Wood, National Practice Group Leader of Clayton Utz Tax Practice, joins Richard Jeens, Co-Head of Slaughter and May's Tax Disputes Practice, and Tanja Velling, Tax PSL Counsel at Slaughter and May, discuss these questions and more. This is the third of six episodes in a series on tax disputes risks, their prevention and resolution. In addition to Australia, the series covers Brazil, the USA, India, Nigeria and France. Episodes are released weekly. Subscribe to the Tax News show to be notified of new episodes.

What are current trends in US tax disputes? How can you reduce litigation risk? What is the Supreme Court likely to make of Moore, a case that could call into question large swathes of the US tax system?  Clark Armitage, Transfer Pricing Advisor and Member at Caplin & Drysdale, joins Dominic Robertson, Co-Head of Slaughter and May's Tax Disputes Practice, and Tanja Velling, Tax PSL Counsel at Slaughter and May, to delve into these questions and more. This is the second of six episodes in a series on tax disputes risks, their prevention and resolution. In addition to the USA, the series covers Brazil, Australia, India, Nigeria and France. Episodes are released weekly. Subscribe to the Tax News show to be notified of new episodes.

Brazil has a highly litigious tax environment; companies rarely have fewer than ten ongoing disputes. To what extent is the environment improving through the introduction of a settlement process, legal reforms undertaken with a view to future OECD membership and the overhaul of Brazil's complicated indirect tax system? To find out, listen to this episode with Ricardo Bolan, Co-Head of Lefosse Advogados' Tax Practice, Dominic Robertson, Co-Head of Slaughter and May's Tax Disputes Practice, and Zoe Andrews, Slaughter and May's Head of Tax Knowledge. This is the first of six episodes in a series on tax disputes risks, their prevention and resolution. In addition to Brazil, the series covers the USA, Australia, India, Nigeria and France. Episodes are released weekly. Subscribe to the Tax News show to be notified of new episodes.

Phase 1 Complete; Phase 2 to come!  Join the Slaughter and May FIG team as they reflect on the lessons learned from Phase 1 of consumer duty implementation, and the challenges that face firms for closed books ahead of 31 July 2024.  As part of our Consumer Duty podcast series, this time we deep dive and look closely at how the Duty will apply to the Asset and Wealth Management and Consumer Investments sector. Nick Bonsall and Heather Broadbent are joined by Charles Randell CBE (the former Chair of the Financial Conduct Authority) to share their views.

Phase 1 Complete; Phase 2 to come! Join the Slaughter and May FIG team as they reflect on the lessons learned from Phase 1 of consumer duty implementation, and the challenges that face firms for closed books ahead of 31 July 2024. As part of our Consumer Duty podcast series, this time we deep dive and look closely at how the Duty will apply to the Banking sector. The FIG team is delighted to be joined by Charles Randell CBE (the former Chair of the Financial Conduct Authority), whose insights are particularly illuminating.  

Phase 1 Complete; Phase 2 to come! Join the Slaughter and May FIG team as they reflect on the lessons learned from Phase 1 of consumer duty implementation, and the challenges that face firms for closed books ahead of 31 July 2024. As part of our Consumer Duty podcast series, this time we deep dive and look closely at how the Duty will apply to the Insurance sector. The FIG team is delighted to be joined by Charles Randell CBE (the former Chair of the Financial Conduct Authority), whose insights are particularly illuminating.

Following our Governance & Sustainability episode, this is a bonus episode in which you can listen to the full conversation with Smriti Sriram and Moira Thompson Oliver on Business and Human Rights and hear more about the EU's Corporate Sustainability Due Diligence Directive.  The Horizon Scanning 2024 Launch Series is hosted by Slaughter and May's Chief Commercial Officer, Michelle Holford, and the Editor of Slaughter and May's Horizon Scanning Programme, Mercedes Galindez. Subscribe to the show to receive alerts about every new episode released. The Horizon Scanning 2024 Launch Series will release one episode per theme this week.

The relentless rate of change in the tech and digital landscape is shaping a transformative year ahead with no signs of slowing. Our Digital episode explores the legal facets of technology in the coming year. The episode covers a number of topics discussed with lawyers across the firm. If you would prefer to skip to certain topics of interest to you, please find below a breakdown of timings: 01:02 - Digital Transformation with David Ives and Rob Sumroy 09:17 - AI with Laura Houston and Issabella Cardu 22:23 - Crypto and Smart Contracts with Tim Fosh and Emily Bradley 32:16 - Big Tech v Antitrust with Anna Lyle-Smythe The Horizon Scanning 2024 Launch Series is hosted by Slaughter and May's Chief Commercial Officer, Michelle Holford, and the Editor of Slaughter and May's Horizon Scanning Programme, Mercedes Galindez. Subscribe to the show to receive alerts about every new episode released. The Horizon Scanning 2024 Launch Series will release one episode per theme this week.

It is estimated that the global net zero economy requires an average of approximately US$3.4 trillion until 2050 to hold global warming at 1.5°C. Our Energy Transition episode explores new angles on corporate decarbonisation and investment opportunities to mitigate climate change and pave the way for sustainable and resilient energy landscapes. The episode covers a number of topics discussed with lawyers across the firm. If you would prefer to skip to certain topics of interest to you, please find below a breakdown of timings: 01:12 - Investment in Infrastructure with Mike Corbett and Kathryn Emmett 13:57 - Spotlight on Hydrogen and CCUS with Oly Moir The Horizon Scanning 2024 Launch Series is hosted by Slaughter and May's Chief Commercial Officer, Michelle Holford, and the Editor of Slaughter and May's Horizon Scanning Programme, Mercedes Galindez. Subscribe to the show to receive alerts about every new episode released. The Horizon Scanning 2024 Launch Series will release one episode per theme this week.

With ever increasing regulation, businesses are expected in 2024 to shift towards the implementation of sustainability strategies with pressure from stakeholders to demonstrate progress. Our Governance & Sustainability episode discusses the navigation of the landscape for the coming year.   The episode covers a number of topics discussed with lawyers across the firm. If you would prefer to skip to certain topics of interest to you, please find below a breakdown of timings: 01:28 - UK Audit & Corporate Governance Reform with Andrew Jolly 07:27 - Economic Crime & Corporate Transparency Act with Jonathan Cotton 18:00 - ESG in 2024 with Harry Hecht and Samantha Brady 27:43 - Business & Human Rights with Smriti Sriram and Moira Thompson Oliver 38:46 - Sustainable Finance with Matthew Tobin and Azadeh Nassiri The Horizon Scanning 2024 Launch Series is hosted by Slaughter and May's Chief Commercial Officer, Michelle Holford, and the Editor of Slaughter and May's Horizon Scanning Programme, Mercedes Galindez. Subscribe to the show to receive alerts about every new episode released. The Horizon Scanning 2024 Launch Series will release one episode per theme this week.

As markets settle into a high interest rate environment, we expect activity to pick up this year. Our Capital Flows episode offers insight on the 2024 capital flows landscape internationally.   The episode covers a number of topics discussed with lawyers across the firm. If you would prefer to skip to certain topics of interest to you, please find below a breakdown of timings: 01:55 - Overview on M&A with Victoria MacDuff 08:55 - China Outlook with Lisa Chung 13:29 - Regulatory Headwinds with Lorna Nsoatabe 24:40 - Capital Markets with Richard Smith 31:06 - Private Capital with Filippo de Falco and Claire Cooke 36:49 - Pensions Derisking with Charles Cameron and Thomas Peacock The Horizon Scanning 2024 Launch Series is hosted by Slaughter and May's Chief Commercial Officer, Michelle Holford, and the Editor of Slaughter and May's Horizon Scanning Programme, Mercedes Galindez. Subscribe to the show to receive alerts about every new episode released. The Horizon Scanning 2024 Launch Series will release one episode per theme this week.

In 2024, a nuanced exploration of the risk landscape is more relevant than ever. Our Crisis Management episode sheds light on new and emerging risks businesses will be exposed to in 2024.   The episode covers a number of topics discussed with lawyers across the firm. If you would prefer to skip to certain topics of interest to you, please find below a breakdown of timings: 01:20 - Shareholder Activism with Roland Turnill and Claire Jackson 14:58 - Securities Litigation with Jonathan Clark 23:49 - Competition and Consumer Protection with Tim Blanchard 30:55 - Collective Proceedings with Camilla Sanger 37:35 - Cyber Security with Rob Sumroy and Natalie Donovan 54:24 - Workplace Misconduct with Philippa O'Malley The Horizon Scanning 2024 Launch Series is hosted by Slaughter and May's Chief Commercial Officer, Michelle Holford, and the Editor of Slaughter and May's Horizon Scanning Programme, Mercedes Galindez. Subscribe to the show to receive alerts about every new episode released. The Horizon Scanning 2024 Launch Series will release one episode per theme this week.

Welcome to the Slaughter and May Horizon Scanning Show! In this intro episode we tell you about the Horizon Scanning 2024 Launch Series. Join partners Simon Nicholls and Smriti Sriram to find out the themes and topics this series will cover and a peek backstage into how Horizon Scanning gets created. The Horizon Scanning 2024 Launch Series is hosted by Slaughter and May's Chief Commercial Officer, Michelle Holford, and the Editor of Slaughter and May's Horizon Scanning Programme, Mercedes Galindez. Subscribe to the show to receive alerts about every new episode released. The Horizon Scanning 2024 Launch Series will release one episode per theme this week.  

Geopolitical volatility, rising costs and economic slowdowns coupled with regulatory changes provide an increasingly complex landscape for companies operating internationally. Businesses need to be adaptive, and their strategy and investments must also adjust accordingly.

Businesses face a worsening global commercial environment. From macroeconomic distress and uncertainty to geopolitical tension, supply chain disruption and sharpening litigation risk, to the effects of inflation and consumer resilience, companies must navigate amidst a range of headwinds at this point in the cycle.

If 2022 was a year of ever greater commitments to net zero and sustainability, then 2023 is all about authentic and effective implementation of those targets and putting in place the right governance and procedures to meet them. It's also the year to focus on social issues alongside environmental ones. Businesses are facing increasing pressure to be sustainable, inclusive, and part of the communities in which they operate, whilst adhering to an increasing number of new rules and regulations throughout their entire supply chain.

Corporate digitalisation and technological developments continue at a rapid pace. Ongoing scrutiny of ‘big tech' will have implications for the wider digital ecosystem. An increasing regulatory focus on online activities, cyber security and the use of data, AI and crypto-assets could also impact corporate strategy across all sectors in 2023.