Linklaters – Payments Monthly – Our view on payments law and regulation

Episode 9: Crypto Facto with Josh Klayman In this episode of Crypto Facto with Josh Klayman, Jonathan Gafni, Head of U.S. Foreign Investment at Linklaters joins to discuss the technology landscape and President Biden's recent Executive Order on outbound foreign investment. They take a deep dive into investments in AI, quantum computing, and semiconductors, how CFIUS plays a role in regulating foreign technology investments, and most importantly what this means for VCs amid a backdrop of increasing investment into the digital assets space. Listen to Josh and Jon's hot takes now. To listen to all episodes in this series, visit our Crypto Facto webpage.

Episode 15: ESG Soundbite Series The Taskforce on Nature-related Financial Disclosures (TNFD) published the final version of its recommendations on a framework to identify, assess, manage, and disclose nature-related issues. In this podcast, Kim Rybarczyk and Jon Tan discuss the final recommendations, including what the framework means for businesses and how it fits in with existing climate reporting frameworks. To listen to all episodes in this series, visit our ESG Soundbite Series webpage.

This podcast series is curated by our association firm in Indonesia, Widyawan & Partners. Episode 1: Regulatory Developments in Indonesia – a Multi-Sectoral Highlight Electronic signature has now been widely used in Indonesia owing to, among other things, the adaptation of remote working following the pandemic. Wet signature was never a requirement to create a binding contract but would certainly be helpful to establish its existence in a contentious situation. In this episode, our Litigation, Arbitration and Investigations partner, Narendra Adiyasa and managing associate, Tengku Almira Adlinisa will discuss the risk for challenges associated with agreements bearing electronic signature, the additional evidentiary burden it may create and the potential defence. To listen to all episodes in this series, visit our Regulatory Developments in Indonesia – a Multi-Sectoral Highlight.

Episode 10: Proposed changes to the criminal liability of companies in the UK and why they matter to you In our tenth episode, Francesca Bonner-Evans (Managing Associate) is joined by Alison Saunders (Consultant) and Jane Larner (Counsel), all from our Litigation, Arbitration and Investigations Practice in London. They consider some of the proposals in the current Economic Crime and Corporate Transparency Bill, including the introduction of a corporate failure to prevent fraud offence and the reframing of principles behind corporate criminal liability which will make it easier to prosecute companies for wrongdoing. They discuss implications for organisations operating in the UK and share thoughts on what businesses should be doing now to prepare. To listen to all episodes in this series, visit our The Most Important Issues in Business Crime podcast series.

This podcast series is curated by our formal association firm in Indonesia, Widyawan & Partners. Episode 2: Regulatory Developments in Indonesia – a Multi-Sectoral Highlight In an effort to attract inflows of foreign talents to Indonesia, the Indonesian government has issued Government Regulation No.40 of 2023 (“GR 40”) which further amended the implementing regulation of the Immigration Law and Minister of Law and Human Rights Regulation No.22 of 2023 on Visa and Stay Permit (“Golden Visa Regulation”). Among the numerous amendments made, it includes provisions that allow the issuance of temporary stay permits up to 10 years, dubbed the “Golden Visa” for individual investors and the foreign directors and commissioners of companies investing in Indonesia. In this episode, our employment and incentives partner, Narendra Adiyasa and managing associate, David Siagian will discuss key regulatory amendments under the Golden Visa Regulation, and how these changes can potentially change the landscape for expatriates' mobility within Indonesia. To listen to all episodes in this series, visit our Regulatory Developments in Indonesia – a Multi-Sectoral Highlight.

Episode 1: Financial promotions for cryptoassets In this episode, Harry Eddis and James Morris explain how the UK's restriction on financial promotions applies to cryptoassets and the impact on websites and apps offering crypto services. Listen to all episode on our dedicated webpage.

Episode 2: Financial promotions for cryptoassets In this episode, Olivia Murphy and James Morris step through the legal routes to making financial promotions relating to cryptoassets in the UK and the problem this framework poses for overseas firms. Listen to all episodes on our dedicated webpage.

Episode 3: Financial promotions for cryptoassets In this episode, Simon Treacy and Olivia Murphy explain the process for registering with the FCA for the purpose of AML supervision. Listen to all episodes on our dedicated webpage.

Episode 4: Financial promotions for cryptoassets In this episode, James Morris and Simon Treacy explore the tough rules set by the FCA for firms making cryptoasset promotions in the UK. Listen to all episodes on our dedicated webpage.

This podcast series is curated by our formal association firm in Indonesia, Widyawan & Partners. Episode 3: Regulatory Developments in Indonesia – a Multi-Sectoral Highlight Indonesia's House of Representatives passes Omnibus Health bill into law in July 2023. This law replaces 11 existing laws in public health sector and is aimed by the government to transform the healthcare services in Indonesia. In this episode, our corporate M&A partner, Teguh Arwiko and associate Tatiana Diamira discuss the key concepts that are introduced by the Omnibus Health bill and what does it mean to the development of the business and the regulatory regime in healthcare sectors. To listen to all episodes in this series, visit our Regulatory Developments in Indonesia – a Multi-Sectoral Highlight.

Episode 1: Asia Bitesize Antitrust Podcast 2023 Is the tide changing for antitrust enforcement relating to vertical agreements? We have witnessed a shift in the regulators' appetite that puts vertical restrictions increasingly on the radar. Our experts discuss the latest vertical trends in Asia, including recent cases of resale price maintenance and exclusivity, zooming into Hong Kong SAR, mainland China and a brief tour of the region. Listen now and keep up with what you should take away from recent cases and the potential risk areas you should be cautious of to safely navigate these waters. To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

This podcast series is curated by our formal association firm in Indonesia, Widyawan & Partners. Episode 4: Regulatory Developments in Indonesia – a Multi-Sectoral Highlight The Financial Services Authority (“OJK”) finally issued the long awaited OJK Regulation No. 11 of 2023 on Spin-off of Sharia Units of Insurance Companies and Reinsurance Companies (“OJK Reg 11”). The obligation to spin-off sharia unit was mandated by the Insurance Law. However, due to lack of guidelines to implement this spin-off requirement, only few insurers have completed their sharia unit spin-off. OJK Reg 11 is issued to accommodate feedback from the industry to give clearer guidance on the spin-off requirements. This OJK Reg 11 is expected to boost the insurers' compliance to spin-off its sharia unit, the topic will be discussed by our corporate M&A partner, Teguh Arwiko and managing associate, Tengku Almira Adlinisa in this episode. To listen to all episodes in this series, visit our Regulatory Developments in Indonesia – a Multi-Sectoral Highlight.

Episode 5: Greenwashing from a EU perspective  Speakers: Julia Grothaus, Christian Schmitt and Bolko Ehlgen In this episode, we look at greenwashing from a EU perspective, including discussing the legislative amendments proposed by the EU as well as recent decisions and claims across the region. To watch all episodes Greenwashing from a EU perspective, visit our website.

Episode 3: Leading Questions In the third episode, Greg Wloch, Jane Larner, Madeline Chan, Clara Tung and James Phoenix discuss directors duties to consider the interests of creditors when a company is bordering insolvency, the recent developments in the sphere of mediation and how generative AI is beginning to impact legal practice. To listen to all episodes in this series, visit our Leading Questions webpage.

Episode 2: Digital Markets – Increasing Enforcement Focus in Asia In this episode, Kathleen Gooi joins Sonam Mathur from TT&A and Sanghoon Shin from Bae, Kim & Lee LLC for a discussion on antitrust enforcement in digital markets in Asia, focusing on India and South Korea. Looking at the recent enforcement cases against tech players, our experts share their insights into the latest regulatory updates, signifying a tougher enforcement road ahead for the sector, and what's next on the radar. Tune in and stay ahead of the emerging winds of change in the digital economy in Asia. To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

Episode 2: Credit Where It's Due In episode two, our hosts, Leanne Banfield, Ruhi Patil and Christy Tsui are delighted to have Tom Russell, a lead underwriter from Liberty Specialty Markets discussing the evolution and current shifts in the credit insurance market with us. Ashley Rowlands will, in Ash's Newsflash, update all viewers on the planned changes to the UK securitisation rules.

Episode 3: Asia Bitesize Antitrust Podcast Series 2023 Six out of ten ASEAN members already have active cross-sector merger control. With mature systems becoming more sophisticated and newer jurisdictions taking shape, it is time to get up to speed with what you should know when investing in the world's most bustling region. In this episode, Linh Bui from Allens' Ho Chi Minh City office and our Bangkok partner Sutthipong Koohasaneh join Marcus Pollard in bringing you the latest merger control trends in Southeast Asia. Diving into key antitrust jurisdictions such as Thailand and Vietnam, our experts share their insights on their distinctive characteristics and recent developments, as well as ASEAN's information-sharing portal for merger reviews that might arrive as soon as this quarter. Come with us on our tour around Southeast Asia. To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

Episode 3 (Season 2): Tranche Up In the third episode of the second season of Tranche Up, Leanne Banfield and Ruhi Patil talk with Kaelyn Abrell from Arrowmark Partners on the evolution of the SRT market from an investor's perspective, important considerations for new investors and lessons learnt. To listen to the full series, visit our Tranche Up webpage.

Episode 10: Untangling the Spiderweb: Biden's Executive Order on AI, National Security, and Digital Assets In this episode of Crypto Facto with Josh Klayman, Carole House, Executive in Residence at Terranet Ventures Inc. and former Director of Cybersecurity and Secure Digital Innovation at the White House's National Security Council joins to discuss President Biden's recent Executive Order on Artificial Intelligence and the current regulatory environment. Carole also held senior roles focused on cybersecurity and emerging technology at the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCen), among others. They dive into growing national security concerns because of AI, as well as the interplay between emerging technology, infrastructure as a service (IaaS), and digital assets. Listen to Josh and Carole's hot takes now.

Episode 4: Asia Bitesize Antitrust Podcast Series 2023 Dealmaking continues to become increasingly complicated with the ever-growing reach of antitrust regulators. How can investors best prepare for and navigate through a fast-moving environment? In this episode, Niranjan Arasaratnam, our Global Co-Head of TMT sector, joins Marcus Pollard to share their insights into the merger control and foreign investment issues you should consider in M&A transactions. Tune in to explore the practical tips for mitigating potential regulatory risks when doing M&A deals. To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

Episode 1: AI in the workplace. In this episode, Sinead Casey is asked a series of questions about AI in the workplace, including why employers should be considering its use now, the employment legal risks of employers using AI and the risks of AI being a tool used by the wider workforce, and how employers reassure their workforces that their jobs will not be displaced by robots. To listen to all episodes in this series, visit our website

This podcast series is curated by our formal association firm in Indonesia, Widyawan & Partners. Episode 6: Regulatory Developments in Indonesia – a Multi-Sectoral Highlight CCS / CCUS is part of upstream oil and gas producers' involvement in decarbonization. Indonesia has one of the world's largest CO2 storage potentials making regional CCS/CCUS hub one of the most appealing future business opportunities in Indonesia. Listen to our Partner, David Holme, who will share about the current policy and regulatory directions on CCS/CCUS and things to take into account prior to engaging in this “soon to be major” business in Indonesian energy sector. To listen to all episodes in this series, visit our Regulatory Developments in Indonesia – a Multi-Sectoral Highlight.

Episode 5: Asia Bitesize Antitrust Podcast Series 2023 We are all in this together. Collective action by businesses could be a shortcut to accelerating progress for ESG goals. But when does legitimate cooperation cross the line into an antitrust risk area? Felicity McMahon from Allens' in Sydney and Gilly Hutchinson, our Asia Head of ESG Regional Development, join Kathleen Gooi in discussing how competition law intersects with sustainability initiatives and sharing their insights into the approach taken by Asian antitrust regulators. Listen now to explore the role of competition law through the lens of pursuing sustainability goals as the countdown to COP28 begins To watch all episodes in Asia Bitesize Antitrust Podcast 2023, visit our website.

Episode 16: ESG Soundbite Series In this podcast, Maria Mitaeva and Bart Fleuren discuss how they expect developments in the field of ESG to impact the next wave of construction & infrastructure sector disputes.

Episode 1: The Current State of Data Protection in Asia The new Digital Personal Data Protection Bill sets out the first comprehensive data protection law for India. However, questions on how the new law will be implemented in practice remain at the forefront of organisations' minds. In this episode, partner Alex Roberts is joined by Deepa Christopher, partner from TT&A, to discuss this long-awaited bill, touching on its main ideas, which key provisions to look out for and future developments to be expected. Tune in now to stay on top of the exciting developments in India. To watch all episodes in The Current State of Data Protection in Asia, visit our website.

Episode 14: The Linklaters Ideas Foundry Speakers: Claire Sanders and Ian Rodwell   Our human hard wiring can sometimes prove a hindrance rather than a help. But what if we could unleash its potential and, in doing so, harness the power of curiosity, constructive questioning and cross-industry learning while reducing the impact of troubling factors such as imposter syndrome? It's a question that our next guest is well placed to answer. As an experienced General Counsel and co-founder of Being Human, Claire Sanders is passionate about making the legal profession – and beyond - more human as well as capable of thriving in an ever more pressured world. So for those looking to end the old year and start the new with a resounding bang, Claire has three ideas to bring a bit of ‘being human' into your day to day practice.

Episode 2: The Current State of Data Protection in Asia Thailand's data protection regulation has been one of the most dynamic in the region, with multiple subordinate regulations being issued under the Thailand PDPA. This trend continues and new regulations are expected soon.  In this episode, partner Alex Roberts and associate Nahsinee Luengrattanakorn share their insights on the data protection regime in Thailand, including on main provisions of the law, points to note from the subordinate regulations, and how to keep up with upcoming implementation. Join us and get up to speed with all the latest and upcoming developments in Thailand. To watch all episodes in The Current State of Data Protection in Asia, visit our website.

Episode 3: The Current State of Data Protection in Asia Vietnam issued its' long-awaited Personal Data Protection Decree on 17 April 2023. Taking effect on 1 July 2023, this decree seeks to compile existing provisions on data protection from various other laws into one instrument. Our partner Alex Roberts and senior associate from Linklaters' alliance firm Allens, Hien Nguyen will discuss key things to note from the new decree, what actions should be taken to comply with it and future developments to be expected. Join us in dissecting one of the region's latest data protection developments. To watch all episodes in The Current State of Data Protection in Asia, visit our website.

Episode 4: Mind the (Gender Pay) Gap In this episode, Monika Krzyszkowska-Dąbrowska provides an overview on the impact of the EU Pay Transparency Directive on the Polish employment law landscape and in particular, the revolution it will bring to pay structure and its requirements. The implementation of the Directive into Polish law is likely to involve comprehensive new legal solutions. It is important for employers to start preparation work now as almost all organisations will be affected and will need to review their policies. Listen to all episodes in the series on our dedicated webpage.

Episode 6: Mind the (Gender Pay) Gap In this episode, Jill Reijnen Husagić provides an overview of the current position on pay transparency and equal pay in the Netherlands. In particular, Jill look at the existing rights of work councils in this respect, as well as the existing disclosure requirements. The status and impact of the implementation of the EU Pay Transparency Directive is also discussed. Listen to all episodes on our dedicated webpage.

Episode 5: Mind the (Gender Pay) Gap In this episode, Moira Guitart provides a summary of the current position on pay transparency and equal pay in Spain. She mentions that, despite not many gender pay gap reporting requirements in Spain yet, equal provisions already exist and all employers must keep a salary record broken down by professional categories and gender. Also, companies with 50 or more employees are mandated to negotiate and register equality plans which must include a pay audit to identify potential gender gaps and lay out measures to close those gaps. Listen to all episodes on our dedicated webpage.

Episode 3: Mind the (Gender Pay) Gap In this episode, Marie Sinniger provides a summary of the current landscape of pay transparency and equal pay in Luxembourg. Significant changes are coming with the transposition of the EU Pay Transparency Directive into national law by 7 June 2026. Even if the implementation of this new set of enhanced requirements is not on the immediate horizon, employers must be ready to hit the ground running when the new legislation is introduced. Listen to all episodes on our dedicated webpage.

Episode 2: Mind the (Gender Pay) Gap In this episode, Federica Barbero provides an overview of some of the measures that Italian legislation has already put in place to ensure pay transparency, prevent discrimination in the workplace, and protect employees. Federica also flags some of the main pay transparency related issues in the Italian market and offer a view on how the Directive can help shed light on those issues and offer tools to identify effective solutions. Listen to all episodes on our dedicated webpage.

Episode 1: Mind the (Gender Pay) Gap In this episode, Nele Van Kerrebroeck provides a summary of the current position on pay transparency in Belgium, in particular on the applicable law since 2012 which aims to tackle the gender pay gap by introducing the obligation to report to the works council or prevention committee, and as part of the financial annual accounts; she also focuses on the major changes that will occur in this respect once the Pay Transparency Directive will be implemented in Belgium. Listen to all episodes in the series on our dedicated webpage.

Episode 11: Crypto Facto with Josh Klayman In a special video episode of Crypto Facto, Linklaters U.S. Head of Fintech and Head of Blockchain and Digital Assets Josh Klayman is joined by the architects of the landmark launch of Euroclear Bank's Digital Financial Market Infrastructure (D-FMI): Euroclear's Head of the Digital Assets Practice Stéphanie Lheureux and Senior Legal Counsel and Head of the Innovation Center for Excellence at Euroclear Legal Bart Garré alongside their legal advisors on the launch, Linklaters' Michael Voisin, Capital Markets Partner and former Global Head of Capital Markets and Richard Hay, Partner and UK Head of Fintech. These leading experts on the future of financial markets share a look under the hood of D-FMI, which enables the creation, issuance, and settlement of fully digital international securities. It's the world's first international issuance of a digital bond and represents the first distributed ledger technology deployment within an EU established central securities depository capable of supporting securities governed by English law. Listen to their thoughts on how D-FMI transforms the financial markets, the way it works from a legal perspective, and how we can expect these novel technologies to disrupt the market in 2024.

Episode 15: The Linklaters Ideas Foundry Speakers: Paul Lewis and Ian Rodwell Following the popularity of last year's festive special – where Linklaters Managing Partner, Paul Lewis talked about the books that shaped both his career and his ideas on leadership, motivation and the role of a lawyer – it seemed churlish not to invite Paul back to discuss his literary canter through 2023. From books exploring the success of PayPal and Salesforce to the enthralling story of Beryl Burton (perhaps Britain's greatest - yet most unheralded – athlete), we discuss the power of creative dissent, the secrets of decision making and the timelessness of 1980's ‘hair metal'… Key sources for this episode include: Jeremy Wilson - Beryl: in search of Britain's greatest athlete Marc Benioff and Carlye Adler - Behind the cloud Marc Benioff - Trailblazer: the power of business as the greatest platform for change Jimmy Soni - The founders: Elon Musk, Peter Thiel and the story of PayPal Claire Hughes Johnson - Scaling people: tactics for managing people and company building John Scalzi -  Starter villain To watch all episodes in The Linklaters Ideas Foundry, visit our website.  

Episode 16: The Linklaters Ideas Foundry Speakers: Helen Hopper and Ian Rodwell Why is it that some boards fail to deliver the success they promise? And what part do relationships and behavioural dynamics have to play? In their compelling new book, The art and psychology of board relationships: the secret life of boards, these are questions explored by Helen Hopper and her co-author, Joy Harcup. Helen joins the Ideas Foundry podcast to talk about the key psychological threats that boards face, what they can do at the outset to minimise these dangers and how the solutions and tools discussed can apply to any high-performing team. We also share our enthusiasm for a half-forgotten 1960's icon long due a renaissance!

Episode 4: The Current State of Data Protection in Asia Indonesia's first overarching legislation on data protection, the Personal Data Protection Law, was enacted on 17 October 2022. A year on, questions on how the law is enforced remain. In this episode, our partner Alex Roberts and managing associate Kevin E. Matindas will share their insights on the new law, including key compliance points to note, implementation to date, and future developments expected in Indonesia, the largest economy in Southeast Asia. To watch all episodes in The Current State of Data Protection in Asia, visit our website.

Episode 3: The use of WhatsApp messages at work.  In this episode, Sinead Casey is asked a series of questions about the use of WhatsApp messages at work, including: why this is an increasing issue for employers in the context of workplace investigations and disclosure; if an employer has a right to access and rely on such messages; whether it makes a difference if the messages are held on a personal or work device; the litigation risk and data privacy issues for employers to consider; and top tips for employers managing the use of these types of communication in the workplace. Special thanks also to Peter Church (Counsel in our TMT and IP practice) for contributing his thoughts on the data protection side to this topic. To listen to all episodes in this series, visit our website

Episode 5: The Current State of Data Protection in Asia After two years of public consultations and amendments since its' initial publication, the KSA Personal Data Protection Law was finally approved on 14 September 2023. Pending its' formal effective date, organisations are currently bracing for full enforcement of the law. Our experts, Alex Roberts and Nick Roudev will share their views on the law, such as on its key provisions, how it differs from the pre-amended law and steps to take to comply with it. Listen now and keep up with the highly anticipated developments in KSA. To watch all episodes in The Current State of Data Protection in Asia, visit our website.

Episode 4: Leading Questions Episode 4 provides a deeper dive into Compulsory Mediation and the recent Court of Appeal case Churchill -v- Merthyr Tydfil [2023] EWCA Civ 1416.  We provide our thoughts on the issues and key practical takeaways for those managing litigation in the UK.  To listen to all episodes in this series, visit our Leading Questions webpage.

Episode 6: The Current State of Data Protection in Asia A market wrap on our data protection podcast series which offers a whistle-stop tour at the evolving data privacy landscape in Southeast Asia. Our partner, Alex Roberts, and Head of Data Privacy Legal APAC at Barclays, Sarina Keung, discuss how legal and compliance teams in Asia-based multinationals may approach the challenge of navigating the complexity and growing number of data protection rules in the region, unfolding the likely trends in Hong Kong and APAC more widely where data protection interfaces with AI, cyber and online safety regimes. To watch all episodes in The Current State of Data Protection in Asia, visit our website.

Episode 1 Speaker: Marie Sinniger In this episode I'm going to focus on the upcoming Luxembourg elections for staff representatives to be held on 12th March 2024. What can you do to ensure everything runs smoothly? Have you identified those employees who are eligible to vote, and those who are not? With another busy year ahead for HR and employment professionals, I'm here to guide you through the elections process, step-by step. By working to a clear timeline, you can get the ball rolling today, plan ahead and look forward to a smooth run up to the big day. for more information, visit our website.    

Episode 5: Investigations Insights In this episode, Rachel Metcalf and Claire Macdonald speak to Will Crawford and Philip Kaye, founders of Argyll Strategy, to demystify the use of open source and human intelligence in investigations. Listen to all episodes on our website.

Episode 3: Countdown to IFPR and the new pay rules The pay out process rules, some pitfalls with the non-cash instruments, the de minimis exemption and with MRTs; differences between the IFPR and IFD pay rules, and a useful checklist of things to consider and the documents you need to comply with the MIFIDPRU pay rules for performance periods from 1 January 2022.

Antitrust & Foreign Investment Legal Outlook 2024 - A broader approach to competition As 2024 draws near, undercurrents of economic and political pressure will continue to shape - and increase - competition regulation. In our Antitrust and Foreign Investment Legal Outlook 2024, we explore the key global trends across antitrust enforcement, foreign investment screening, merger control review and more, with practical calls to action for your business to best prepare for the year ahead. You can download a copy, or listen to the audio version on the move. To download a copy of the guide, visit our website.

Episode 1: PanDORA's box Jimi Piggott-Bader, Gonzalo Diaz and Simon Treacy introduce DORA: what it does, who is affected and what rules are still under development. Gonzalo Diaz: “DORA aims to address a patchwork of obligations scattered among various legislation and harmonise digital operational resilience rules across the EU financial sector.” To listen to all episodes in this series, visit our website.

Episode 5: WINS: Women IN Sports In episode five of WINS, Angela (Ane) Redmond Debro, Associate General Counsel of Athletics at the University of Mississippi (Ole Miss), joins Georgina King and Lillian Childress, associates in Linklaters' Litigation, Arbitration and Investigations practice, for a conversation about sports law in U.S. higher education, including Name, Image and Likeness (NIL)'s impact on women's sports so far and recent growth in women's sports on and off the field. To listen to all episodes in this series, visit our WINS: Women IN Sport podcast series.

Episode 32: Payments Monthly Our payments podcast returns with an update on the EU's Digital Operational Resilience Act. In this episode, Andreas van Impe explains what payment firms should focus on to meet the DORA deadline. Listen to all episodes on our Payments podcast webpage.

Episode 11: Global environmental crime and money laundering risk In this eleventh episode, James Bowen and Jasmine Olomolaiye are joined by guest speaker Jamas Hodivala KC of Matrix chambers to discuss environmental crime and money laundering risk arising from overseas' conduct. For UK companies, this is often an underappreciated area of risk but it is one which will only become more salient with increasing focus on the "E" of ESG. To listen to all episodes in this series, visit our The Most Important Issues in Business Crime podcast series.

Episode 33: Payments Monthly Upcoming rule changes will give payment providers more time to investigate fraud. Firms also face more red tape when closing customer accounts. Jean Price and Arjun Lakhani sum up these changes and what payment firms can expect next under the UK's smarter regulatory framework. Listen to all episodes on our Payments podcast webpage.

Episode 12: Crypto Facto with Josh Klayman In this episode of Crypto Facto, Josh Klayman, Linklaters' Head of U.S. Head of Fintech and Head of Blockchain & Digital Assets, is joined by Jeff Cohen, Partner in Linklaters' New York Capital Markets practice. Josh and Jeff discuss how 2024 is shaping-up to be a big year for digital assets. Following the hard-fought approval of a spot Bitcoin ETF, Bitcoin has reached new all-time highs, grabbing the attention of serious institutional players and focusing many on the potential of a future spot Ether ETF. With the recent conviction of Do Kwon and sentencing of Sam Bankman-Fried, the market appears to be putting the turmoil of the past two years squarely behind it. Buoyed by recent successes, including in the DEBT Box case, the crypto industry continues to fight back against regulators, including by taking the offensive in Texas. The Major Questions Doctrine is playing out in the courts, with many predicting that the final word will need to come from the U.S. Supreme Court 

Episode 3: Credit Where It's Due In the third episode of Credit Where It's Due, Leanne Banfield and Christy Tsui welcomed Dorian Meric from MUFG Securities to the vodcast where they discussed the roles of banks in credit wrapped transactions, current trends in the market and challenges throughout a transaction's lifespan. In Ash's Newsflash, Ashley Rowlands discussed ISDA's independent review of the Credit Derivatives Determinations Committees led by Linklaters.

Episode 2: PanDORA's box Jimi Piggott-Bader, Bas Jennen and Leonard van den Ende explore a key record-keeping requirement under DORA: the register of information. Bas Jennen: “Meeting the requirements for the DORA register brings out many important questions under DORA which we've been advising clients on.” To listen to all episodes in this series, visit our website.  

Episode 3: PanDORA's box Jimi Piggott-Bader, Bas Jennen and Leonard van den Ende summarise the DORA rules for reporting incidents and significant cyber threats. Leonard van den Ende: “DORA now prescribes that you have specific processes for identifying, tracking and logging ICT-related incidents.” To download a copy of the guide, visit our website.

Episode 7: EU Green Bond Regulation In this episode, counsel Catherine Wade and managing associate Erin McKeown discuss three aspects of the EU green bond label, including linkage with the Prospectus Regulation, the liability regime for EuGB issuers and preparing for taxonomy alignment. Explore more insights into the EU Green Bond Regulation on our newly launched EU Green Bond Regulation Hub.

Episode 17: Key considerations when preparing your Consumer Duty Board report Investment Association (IA) Consumer Duty Lead Mandeep Bhandal joins Duncan Campbell and Oliver Palmer (Financial Regulation group, Linklaters) to discuss key considerations and industry insights in preparation of the Consumer Duty Annual Board Report, as we head towards the 31 July deadline.  For more Consumer Duty insights visit Linklaters' Consumer Duty webpage. IA members can visit the IA's Consumer Duty expert page for further resources.

Episode 17: The Linklaters Ideas Foundry Speakers: Kitty Perrin and Ian Rodwell We all know what it's like to work in teams and how, at times, that experience can be invigorating, motivational and fulfilling. At other times, however, the experience may leave a lot to be desired. In her recent Radio 4 series, Split Ends, singer-songwriter and BBC Introducing presenter Kitty Perrin explores the wonderful world of team dynamics but through a slightly different lens. Over three episodes, she charts what happened in the break-ups of some of history's best-loved bands and analyses the reasons behind why they split. In this episode of the Ideas Foundry podcast, Kitty shares her reflections on why bands break up and how it's affected the way she leads her own band. We also discuss how such cautionary tales may help organisational teams recognise the danger signs and, with care, avoid them. To watch all episodes in The Linklaters Ideas Foundry, visit our website.

Episode 6: WINS: Women IN Sports In episode six of WINS, Jess Cao, Senior Legal Counsel at Australian Football League (AFL) Players' Association, joins Georgina King, Managing Associate, and Sophia Kaiko, Associate in Linklaters' Litigation, Arbitration and Investigations practice, for a conversation around issues concerning gender equality, racism and health & safety in the AFL (as well as the steps the AFL Players' Association are taking to tackle some of these issues). To listen to all episodes in this series, visit our WINS: Women IN Sport podcast series.

Episode 1 With a new government installed in Downing Street, the employment law landscape is set to change. The Labour party have set out detailed plans for a major overhaul of workplace rights with implications for business operations, HR and strategic planning. In our post-election special, we discuss the new government's reforms and how businesses can prepare, including: A round-up of key proposals, together with some high profile policies no longer being progressed, The far-reaching implications of the proposal to make unfair dismissal a day one right, A series of reforms impacting outsourced workers likely to have a transformative effect on outsourcing of services.

Episode 1 Having woken up the news of a new Labour government, you may be asking what this means for the UK regulatory landscape? In this podcast, Ben Packer, Becky McGregor and Annabel Sim discuss how the newly elected Labour Government may impact regulation across different sectors in the UK, from technology, sport, financial services, and utilities. Reading between the lines of the party's manifesto and previous announcements, we explore whether we can expect wholesale regulatory reform, or a more modest refresh. In this podcast we explore everything from exciting innovations and heightened standards in online safety, to bold commitments for fairer football governance.

Episode 4: Credit Where It's Due In the fourth episode of Credit Where It's Due, Leanne Banfield and Christy Tsui welcomed Linklaters' own Simon Firth to the vodcast where they discussed the background and rationale of launching the ISDA Credit Derivatives Determination Committee review, how it was conducted and their general observations and possible key issues. In Ash's Newsflash, Ashley Rowlands discussed the new UK securitisation regime that will begin to apply from 1 November 2024, focusing on some of the key changes and what else we can expect to see from the regulators in the future.

Episode 1: Bond Beats Speakers: Carson Welsh, Andrew Chaplin, Johnny Davidson and Erin McKeown In episode one of Bond Beats, Carson Welsh (partner), Andrew Chaplin (counsel), Johnny Davidson (managing associate) and Erin McKeown (managing associate) discuss some of the key trends we have seen in the market during the first half of 2024 – focussed on FIG and Swiss issuances – before looking to what might be in store for the back half of the year. We'll be picking up on other themes and developments in future episodes, so stay tuned! To listen to all episodes in the Bond Beats series, visit our website.

Episode 1: EU CSDDD explained Speakers: Rachel Barrett, Julia Grothaus In this episode, partners Rachel Barrett and Julia Grothaus give an overview of the CSDDD, including why it's a big deal and why it is advisable for businesses to start thinking about it now. To listen to all episodes in the EU CSDDD series, visit our website.

Episode 2: Bond Beats Speakers: Carson Welsh, Catherine Wade, Erin McKeown and Siân Sanford In this episode of Bond Beats, Carson Welsh (partner), Catherine Wade (counsel), Siân Sanford (senior associate) and Erin McKeown (managing associate) discuss current market activity and its implications as we move into autumn. The team also delves into recent regulatory developments, including the FCA's consultations on the UK's prospectus regime, and flag key H2 dates for your diary.  To listen to all episodes in the Bond Beats series, visit our website.

Episode 2: EU CSDDD explained Speakers: James Marlow, Tom Cobbaert In this episode, managing associates James Marlow and Tom Cobbaert explain who the CSDDD applies to and at which level obligations apply and when. To listen to all episodes in the EU CSDDD series, visit our website.

Episode 3: EU CSDDD explained  In this episode, managing associates Terry Yiangou and Iyes Igiehon and associates Elliot Jack and Elizabeth Webb explore what the CSDDD means for the financial sector, including scoping and application as well as transition plan requirements. To listen to all episodes in the EU CSDDD series, visit our website.

Episode 5: Leading Questions Speakers: David Thomas, Rachel Metcalf and Emma Kate Cooney Episode 5 analyses the recent UK Supreme Court judgment in The Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No 2) and its potential implications for water companies. In this episode we refer to our September ESG Disputes Bulletin which can be found here. To listen to all episodes in this series, visit our Leading Questions webpage.

Episode 3: Bond Beats Speakers: Shirmila Ramasamy (Senior Counsel and Team Lead of Innovative Finance at the World Bank), Elaine Keats, Sirae Chen and Erin McKeown In this episode of Bond Beats, Elaine Keats (partner), Sirae Chen (managing associate), and Erin McKeown (managing associate) welcome Shirmila Ramasamy (the World Bank's senior counsel/team lead of innovative finance) to explore the World Bank's latest outcome bond:  a first-of-its-kind carbon removal bond to fund Amazon reforestation. The discussion covers the Amazon bond's structure, how outcome bonds have evolved over time and the World Bank's ambitions for future outcome bonds supporting sustainable development. To listen to all episodes in the Bond Beats series, visit our website.

Global Antitrust Enforcement Index 2024 Global antitrust enforcement has rocketed post-pandemic, with steep rises in investigations, dawn raids and fines in recent years.  But enforcement priorities have shifted. The last few years have seen considerable changes in the sectors and areas investigated, not to mention how antitrust investigations are conducted.  Our 2024 publication breaks down the impact of this on companies (including penalty types, the role of leniency and the risk of private enforcement). It distills five key trends, based on the experience of our market-leading practices in Asia, Europe and the US, to help companies protect their business and respond to new risk areas. To download a copy of the publication, visit our website.

Episode 18: The Linklaters Ideas Foundry Speakers: Jane Booth, Alyssa Bonic and Ian Rodwell In the dynamic and volatile world of organisational life, every leader needs to be nimble on their feet, be audience ready and demonstrate a performer mindset. And for Jane Booth (Head of Guildhall Ignite) and Alyssa Bonic (Business Manager) of the world-leading Guildhall School of Music and Drama (alma mater to Daniel Craig, Lily James and Jodie Whittaker), such arts-based metaphors reveal the fruitful intersection of the worlds of business and creativity. In this episode of the Ideas Foundry podcast, Jane and Alyssa talk about Guildhall Ignite, the School's training consultancy for executive and professional performance, the importance of agility and ‘listening in the moment' as well as the lessons orchestral life can teach us about organisational conflict, durable relationships and why the show must always (yes, always) go on. To watch all episodes in The Linklaters Ideas Foundry, visit our website.

Episode 9: CSDDD explained: enforcement and penalties In this episode, Managing Associate James Marlow in the London ESG team speaks with Senior Associate Liz Raulston in the US team and Knowledge Lawyer & Head of ESG Regional Development for Asia, Gilly Hutchinson, about the EU CSDDD's impact on businesses outside the EU – with a particular focus on the implications for businesses in the US and Asia, as well as the UK's position. To listen to all episodes in the EU CSDDD series, visit our website.

Episode 10: CSDDD explained: Interaction with the German Supply Chain Act In this episode, Partner Julia Grothaus and Managing Associate Kathrin Bauwens in our German team discuss the similarities and differences between the CSDDD and the German Supply Chain Act, as well as any lessons we can draw from the German law for the upcoming CSDDD implementation.   To listen to all episodes in the EU CSDDD series, visit our website.

Episode 6: Leading Questions As AI rapidly develops, it brings with it the risk that firms might be accused of ‘AI-washing': ‘overselling' their AI's capabilities, for example to boost sales or reputation or to raise capital.  With attentive regulators and well-funding claimant lawyers, this risk must be managed carefully. In this episode we define AI-washing and give some emerging examples of it.  We look at the key civil and regulatory risks.  We draw some lessons from recent and cutting-edge US and UK regulatory and enforcement action.  And we finish with practical tips about ways you might address this risk in your own businesses. This episode features Doug Davison (partner, Washington D.C.), David Thomas (partner, London) and Duncan Campbell (senior associate, London). For more AI insights visit our webpages on AI and Contentious AI and check out our AI toolkit. Listen to all episodes in the series on our dedicated webpage.  

Episode 11: Lessons from the French Duty of Vigilance law  In this episode, Claudia Cavicchioli, Counsel in the Paris team, explores the similarities between the French Duty of Vigilance Law and the CSDDD, including what can be learnt from French law, and how the CSDDD might impact the French legal landscape.   To listen to all episodes in the EU CSDDD series, visit our website.

Season 2 - Episode 1: The Current State of Data Protection in Asia The past year has witnessed rapid developments in mainland China's data management and security framework. While multinationals are now benefiting from relaxed restrictions on cross-border data transfers, they contend with intensified regulatory scrutiny on other data management obligations. In this episode, our partner and Head of China TMT, Alex Roberts highlights the recent regulatory and enforcement trends in China from data privacy, cyber and data security perspectives, and forecasts new regulations anticipated to come into effect in 2025. Now returning as vodcast series, you can also watch the episode on our website to see our expert speakers in action.

Season 2 - Episode 2: The Current State of Data Protection in Asia In this episode, Albert Yuen, Head of Hong Kong TMT, takes a deep dive into the recent data privacy developments in the Hong Kong SAR relating to AI and cybersecurity. Regulators have been actively providing guidance on AI risks and related governance and compliance requirements. Follow along to learn how businesses can better navigate these evolving requirements. Now returning as vodcast series, you can also watch the episode on our website to see our expert speakers in action.

Episode 13: Crypto Facto with Josh Klayman In this episode of Crypto Facto, Josh Klayman, Linklaters' Head of U.S. Head of Fintech and Head of Blockchain & Digital Assets, is joined by Jeff Cohen, Partner in Linklaters' New York Capital Markets practice. Josh and Jeff discuss the recent US presidential election and dive into what the new Trump administration may have in store for the crypto sector. From the new securities laws that are likely to be at the top of the Republican's agenda in Congress to informal guidance, expected political appointees, and litigation, this episode of the podcast breaks down the current state of the crypto markets and where we are potentially headed over the next four years. To listen to all episodes in the Crypto Factor with Josh Klayman series, visit our website.

Season 2 - Episode 4: The Current State of Data Protection There have been some major developments in the Kingdom of Saudi Arabia this year with the Personal Data Protection Law coming into force on 14 September 2024. Namely, the Saudi Data & AI Authority have been proactive in issuing guidelines to allow for organisations to better comply with the laws and regulations. Specifically, there are published amending regulations around the transfer of personal data outside of the Kingdom of Saudi Arabia. Now returning as vodcast series, you can also watch the episode on our website to see our expert speakers in action.

Antitrust & Foreign Investment Legal Outlook 2024 - All change ahead Looking ahead to 2025, regulators' approach to competition law is expected to see considerable shifts. On a tide of concern for national and economic security – and following a year with considerable political change – expect government pressure to prioritise growth, investment and innovation, to shape how regulators review transactions and enforce antitrust rules. To download a copy of the guide, visit our website.

Episode 4: Bond Beats In this episode of Bond Beats, Cecil Quillen (partner) and Erin McKeown (managing associate) welcome Gregory Makoff, a senior fellow at the Mossavar-Rahmani Center for Business and Government at the Harvard Kennedy School and an expert on sovereign debt management. Together, we discuss key aspects of New York's proposed legislative reforms, their implications for low-income countries, and the broader impact on international capital markets. Gregory also gives insights from his recent book, “Default: The Landmark Court Battle Over Argentina's $100 Billion Debt Restructuring”, which chronicles Argentina's restructuring litigation in the New York courts.    To listen to all episodes in the Bond Beats series, visit our website.

Season 2 - Episode 5: The Current State of Data Protection In this episode, TMT managing associate Jia-Yi Tay explores Singapore's latest regulatory developments in AI and cybersecurity. Two key updates in this space include the release of new guidelines by regulators addressing the use of personal data in AI systems, and the passing of amendments to the Cybersecurity Act. These new guidelines clarify consent requirements and the role of AI system developers as data intermediaries, while the amendments expand the scope of regulated entities under the Cybersecurity Act. Now returning as vodcast series, you can also watch the episode on our website to see our expert speakers in action.

Episode 1 Relaxations of bankers' bonus rules - What's proposed and how to prepare The PRA and FCA are consulting on new proposals to relax some of the remuneration pay rules for senior staff at banks and making the regime more flexible and proportionate. The changes would reduce the number of material risk takers (MRTs), simplify the tests for identifying them, and ease restrictions on paying out bonuses. At the same time, the regulators propose to strengthen MRTs' accountability through pay outcomes. This podcast considers the proposals and their likely impact, and what you need to do to prepare for the new regime. 

Episode 5: Bond Beats In the fifth episode of Bond Beats, we dive into the key trends explored in our annual publication “Debt Capital Markets Legal Outlook 2025”. The discussion highlights key regulatory developments for the debt capital markets as well as the state of play for sustainable finance and digital issuance.   To listen to all episodes in the Bond Beats series, visit our website.

Episode 6: Bond Beats In this episode of Bond Beats, Linda Taylor (Counsel), Laura Le Masurier (Managing Associate), and Erin McKeown (Managing Associate) welcome Patricia Gentile (Head of Finance and Insurance at A2A) and Jo Richardson (Managing Director and Head of Research at the Anthropocene Institute) to explore the sustainable bond market and the arrival of the first European Green Bond. The discussion includes insights from A2A's groundbreaking European Green Bond transaction, the first using the EU's official label under the EU Green Bond Regulation and examines the Regulation's broader implications for the market.   To listen to all episodes in the Bond Beats series, visit our website.

Episode 19: The Linklaters Ideas Foundry Speakers: Neil Mullarkey and Ian Rodwell We rarely consider the power of humour and laughter in the workplace. But the evidence shows that not only can it make us feel more connected but it can also supercharge performance and creativity. So who better than Neil Mullarkey, one of the world's most experienced and accomplished improv performers and a veteran of ‘Whose Line Is It Anyway' and two Austen Powers movies, to talk about why laughter can, indeed, be the best medicine. Drawing on Neil's extensive work with business organisations and his book, ‘In the moment', we discuss how improv can improve our ability to listen, notice and be curious – skills that lie at the heart of so many organisational activities such as leading, negotiating, coaching and collaborating. We also investigate why moments matter, the role of trust and how getting off the lift at the wrong floor can sometimes be a clever thing to do. To watch all episodes in The Linklaters Ideas Foundry, visit our website.

Episode 14: Crypto Facto with Josh Klayman In the latest episode of our Crypto Facto podcast, Joshua Ashley Klayman Kuzar dives into the fascinating world of AI with Linklaters Law Clerk and tech enthusiast Toby Irenshtain. Josh and Toby discuss the latest developments in AI including Agentic AI, AI's overlap with crypto in Web3, and the opportunities and risks that lie ahead. To listen to all episodes in the Crypto Factor with Josh Klayman series, visit our website.

Episode 7: Global Foreign Investment Podcast Series Jose Gimenez sits down with Santiago Conde Lara, who acts as the Deputy Directorate for Foreign Investments in Spain (La Subdirección General de Inversiones Exteriores (SGIE)), to discuss the Spanish FI regime 5 years since its inception and prospects for reform.  Topics covered include:  Market insights gained by the SGIE Benefits of the voluntary consultation process  Collaboration, good faith and forward-thinking in SGIE's approach  SGIE's review process, including identifying risks and remedies  Evolution of the Spanish FI regime To listen to all episodes in this series, visit our Linklaters Global Foreign Investment Podcast Series webpage.

Season 2 - Episode 3: The Current State of Data Protection After more than two years since its implementation, the Thai Personal Data Protection Act sees its first enforcement case. Regulators have taken action against the violation and imposed a major fine. In this episode associate Patchara Suebwattanakul explores the highlights from Thailand's inaugural enforcement case, shedding light on recent updates on key subordinate regulations which have been issued in the past year. Now returning as vodcast series, you can also watch the episode on our website to see our expert speakers in action.