UK employment law information and advice

In the next episode of our regulatory podcast ReguLaw, Partner and Regulatory specialist, Andrew Pavlovic, and Associate, Liz Pearson are joined by Michael Evans of Byfield. Byfield are market leaders in providing reputation counsel to law firms and individuals facing regulatory investigations and proceedings and Michael has significant experience in this area. Andrew, Liz and Michael discuss how firms and individuals can attempt to manage the consequences of an SRA investigation and potential SDT prosecution at various stages of the process, including: - The investigative stage – the potential for publication at this early stage and the preparatory steps that firms and individuals can take; - The referral stage – how to manage concerns about the impact of publicity on mental/physical health and how individuals/firms can handle the unpredictability of the timing of publication on the SRA's website; - The hearing - the SDT's new Automatic Disclosure Policy, and the impact this is likely to have on the press coverage of proceedings going forwards. We hope you enjoyed this episode of ReguLaw. If you have any questions or would like to feature as a special guest in a future episode, please get in touch with Partner Andrew Pavlovic.

In this panel discussion, subject specialists share their expert insights into the interesting and challenging features of LLPs that they have seen over the last 25 years and what they see approaching on the horizon for LLPs. Jeremy Callman (Ten Old Square), Dr Robert Millard (Cambridge Strategy Group) and Corinne Staves (CM Murray LLP) join chair Sarah Chilton (CM Murray LLP) to explore the key benefits of using LLPs in professional services, the trends they have seen – including in LLP disputes – key tax changes and issues, strategic considerations as well as what the coming years may hold for LLPs. Their discussion addresses key questions and topics including: - How has the structure of LLPs developed since birth; what are some of the key elements of different LLP structures and their implications? - Financial services LLPs vs professional services LLPs: the difference in attitudes on mutual trust between partners and duties of good faith at law and in LLP agreements; - The use of English LLPs across the world, their evolution in different jurisdictions and how the increase in larger LLPs has affected strategic decisions; - Risk considerations: tax, regulation, liability and litigation; - Which partner remuneration trends have LLPs imported from other sectors and have they led to more or fewer disputes? - What are the differences, if any, in downward incentivisation between LLPs and more corporate structures? - What does the next 25 years hold for the future of LLPs? If you would like to discuss any aspect of LLPs or if you have any questions arising from this recording, please contact Partners Corinne Staves or Sarah Chilton, both of whom specialise in partnership law.

We are delighted to share with you the recording of our recent webinar International Investigations: Protecting Your Interests Across Borders, where our panel discussed the complex and often challenging practical issues that arise during international investigations. In this webinar recording, chair Emma Bartlett (Partner at CM Murray LLP), Adam Tolley KC (Barrister at Fountain Court Chambers), Harry D Jones (International Employment & Labor Law Chair at Polsinelli) and Sarah Chilton (Senior Partner at CM Murray LLP) discuss the key differences between US and UK investigations cultures and their impact on outcomes, in particular: - The process for sharing data both internally and across borders, including with third parties such as investigators. - What specific information is shared, including with whom and the timing, within the business and among the executive board and senior leadership? - What protections are in place for both those being investigated and complainants, in particular relating to health-related impacts and discrimination risks? - Effective reputation and crisis management techniques as part of an investigation. - The complexities of legal privilege in cross-border investigations.

We are delighted to share with you a recording of the discussion Is The Glue That Holds Partnerships Together Coming Unstuck? which took place at an event we held recently in London. The discussion explored the evolving dynamics of professional partnerships and the challenges they face in today's complex legal and business environment. Taking place in a Samoan Circle format, it enabled any attendees who wished to contribute to the debate to step into the circle during the course of the discussion. Co-facilitated by Sarah Chilton (Senior Partner, CM Murray LLP) and Zulon Begum (Partner, CM Murray LLP), the recording captures the first 20 minutes of the discussion with the opening speakers, in particular: - A critical examination of what constitutes a partnership, the key challenges faced by law firms and professional services in the current economic climate. - What is the 'glue' that holds a partnership together? In particular, loyalty, shared values and the cultural significance of a partnership. - Is trust, a fundamental element of partnerships, being eroded in larger LLPs where loyalties may be more aligned with the organisation than its individual partners? - The impact of scale: While scale can lead to centralisation and loss of entrepreneurialism and individual autonomy, it can also provide resources for innovation and growth. - Cultural dynamics: A focus on how shared goals and collaboration can foster a sense of belonging and purpose among partners. - The challenges faced by founder-led firms in transitioning leadership to a new generation. Can successors maintain the entrepreneurial spirit of the original founders? - The value of diverse viewpoints within a partnership, with a mix of personalities and approaches helping to enhance a firm's adaptability and attractiveness to clients. - What does it mean to be a partnership in today's professional landscape? How traditional values can and should co-exist with modern business practices to create resilient and effective partnerships. Opening speakers: - Andrew Cromby, Regional Office Head, Weightmans LLP, London; Partnership Litigator and Mediator - Peter Duff, Principal Consultant at PSFI and former Chairman of Shoosmiths - Greg Jackson, Law Firm Strategist & Consultant, PWC - John Machell KC, Serle Court, Partnership & LLP Silk - Moray Mclaren, Board Advisor to Law Firms and Co-Founder of Lexington Consultants - Corinne Staves, Partner, CM Murray LLP, Partnership & LLP Specialist Co-facilitators: - Zulon Begum, Partner & Co-Head of Partnership Team (Non-Contentious), CM Murray LLP - Sarah Chilton, Senior Partner & Co-Head of Partnership Practice (Partnership Disputes), CM Murray LLP Thank you to everyone who attended the event and participated in the discussion.

In this podcast focusing on global legal expansion, Partners Corinne Staves and Zulon Begum are joined by special guest Robert C. Bata, Founder and Principal of Warwick Place Legal, for a detailed discussion on trends from 2024, insights from the Warwick Place Global Expansion Index and predictions for the year ahead. Listen to the full episode here and see below for more information. In this podcast, Corinne, Zulon and Robert discuss: Geographical trends in international expansion: - Increased interest in the US market, driven by recent mergers - UK firms strengthening their positions in Europe with more office openings compared to US firms - The focus of US firms on the Asia market, in particular Singapore - Growth in Latin America, highlighted by the Perez Llorca merger in Mexico - Continued interest in the Middle East, despite geopolitical challenges The drivers for expansion: - Global economy and weaknesses in European economies, leading to increased M&A opportunities - A strong interest in sectors such as leveraged finance, healthcare, life sciences and litigation - The role of AI in shaping legal practices and their competitive advantage Challenges facing firms considering international expansion: - Being clear on the reasons for expansion and the specific jurisdictions to target - Navigating the tax implications and regulatory compliance, in particular regarding profit-sharing and liability - Cultural alignment when merging different firm cultures and the associated impact on remuneration models and operational practices Predictions for 2025: - Continued emphasis on UK firms seeking US market entry, with potential for significant mergers - Growth in disputes-focused practices and the impact of KPMG entering the legal services market - Potential developments in India regarding legal services liberalisation If you have any questions arising from this recording, or would like to discuss international expansion in more detail, please contact Partners Corinne Staves and Zulon Begum of CM Murray LLP or Robert C. Bata of Warwick Place Legal.

We are delighted to share the next episode of Practice Across the Pond, where we discuss the regulatory and ethical approaches taken to various matters from both a UK (England and Wales) and US (New York) perspective.   In this episode, CM Murray LLP Partners Corinne Staves and Zulon Begum and Devika Kewalramani, Partner and General Counsel at FisherBroyles, are joined by Steve Lueker, Partner at Moses & Singer, to discuss the key challenges and issues for professional services firms in relation to transatlantic structures.  In particular, Corinne, Zulon, Devika and Steve discuss: - An overview of common structures in professional services and key considerations to take into account, including regulation, tax, and liability   - The complexities of achieving full integration and strategic insights on alternative approaches that can be taken   - Regulatory considerations in the US, focusing on the extent to which non-lawyers can have a stake or influence a law firm   - Key factors from a US perspective, addressing what works for both domestic firms and those with an international footprint   - Challenges in US/UK transatlantic mergers, including issues such as profit sharing, cultural differences, tax implications and the distinctions between cash and accrual accounting   - Knock-on regulatory issues, such as conflicts of interest   - Essential considerations for firms planning a transatlantic combination If you would like to discuss transatlantic structures in more detail, or if you have any questions arising from this recording, please contact Corinne Staves, Zulon Begum, Devika Kewalramani or Steve Lueker.

We are pleased to introduce a three-part podcast series focusing on investigations, where Emma Bartlett, Partner, and Gabrielle Lintott, Associate, at CM Murray LLP, are joined by special guest, Emily Kaufer, Senior Director of Human Rights and Harassment at Air Canada. In this first recording, Emma, Gabrielle and Emily discuss domestic violence and sexual harassment related investigations, with a particular focus on the following: - The law on preventing sexual harassment in the workplace in Canada and the United Kingdom, including a discussion surrounding the extension of the primary workplace and alleged harassment or other inappropriate conduct which occurs outside of the workplace, and how employers should approach and investigate allegations of sexual harassment. - Domestic violence or family violence in the workplace, specifically, the varying obligations on employers in Canada and the United Kingdom to prevent, investigate and manage allegations of domestic violence, and how employers might be alert to and support employees who may be the recipient of domestic violence. - The recently introduced mandatory duty on employers in the United Kingdom to take reasonable steps to prevent sexual harassment in the workplace (a preventative duty), with a discussion as to what those reasonable steps could include and those steps which might have a meaningful and real impact in preventing sexual harassment. - The importance of fostering a “speak-up” culture, including by ensuring that an investigation is undertaken independently, thoroughly and fairly, and by someone who understands/has knowledge around what is likely to constitute sexual harassment or domestic violence, and who can objectively make findings, even where such findings might be detrimental to the business.

We are delighted to share with you the recording of our recent webinar, ‘How Do You Attract and Retain ‘High Flyer' Partners?', in which partnership specialists discuss navigating the recruitment process for high flyers and important issues facing such decision making within professional practice firms. n this recording, Chair Corinne Staves (Partner, CM Murray LLP), Dr Robert Millard (Cambridge Strategy Group), David Shufflebotham (PepUp Consulting), and Zulon Begum (Partner, CM Murray LLP), are joined by guest speaker Siobhán Lewington, Partner at transatlantic legal recruiting firm, Macrae. The panel explore the key challenges involved in attracting and retaining ‘high flyer' partners, who are often at the very heart of the engine room of many firms. Their discussion addresses key questions and topics, including: - What do we mean by high flyers; what might firms be looking for? - The extent to which firm culture, partner performance and succession planning are key strategic considerations - How can firms elevate the high flyers already identified within their ranks? - Should firms guarantee offer compensation packages or are they too flawed with difficulties? - How can firms manage any tensions between high flyers and other partners? - The ways in which integration plays into promoting the long-term success of high flyers within a firm

We are delighted to share the next episode of Practice Across the Pond, where we discuss the regulatory and ethical approaches taken to various matters from both a UK (England and Wales) and US (New York) perspective.   In this episode, CM Murray LLP Partners Corinne Staves and Andrew Pavlovic and Devika Kewalramani, Partner and General Counsel at FisherBroyles, focus on how partner conduct is regulated in both jurisdictions.  In particular, Corinne, Andrew and Devika discuss: - A broad overview of the regulation of partner conduct, both in the UK and US   - Areas of particular focus in both jurisdictions, including the UK's emphasis on workplace culture and AML, and in the US, misconduct and rules relating to lawyers and their ‘fitness' to practise   - To what extent do the rules and duties set by the regulators support and drive the behaviour and culture of firms? If you would like to discuss regulation and conflict management in more detail, or if you have any questions arising from this recording, please contact Corinne Staves, Andrew Pavlovic or Devika Kewalramani. CM Murray LLP is a leading specialist partnership, employment and regulatory law firm based in London and is ranked Band 1 and Tier 1 for Partnership Law by Chambers and Partners UK and Legal 500 UK, and is recognised as “one of the legal world's strongest offerings in this area.” Founded in 2002 by James Fisher and Kevin Broyles, FisherBroyles is the world's first and largest distributed, full-service law firm, and the only distributed law firm to be ranked by The Am Law 200 as one of the 200 largest law firms by gross revenue.

We are delighted to share with you the recording of our recent webinar, ‘Managing Partner Performance in Professional Services Firms, Evaluating Contribution and Using Partner Processes to Drive Your Firm's Strategy', in which partnership and regulatory law specialists discuss how to manage successfully partner promotion and remuneration processes within professional services firms. Jeremy Callman, Barrister at Ten Old Square, David Shufflebotham of Pep Up Consulting and Sarah Chilton and Andrew Pavlovic, Partners at CM Murray LLP, explore the important and practical considerations professional service firms ought to consider when making decisions about partner promotions and remuneration. Their discussion addresses key questions and topics including: What do the regulators, such as the SRA, expect regarding workplace culture and partner performance? How does this impact firm strategy and decision-making? What factors should an organisation consider when developing its partner promotion and remuneration strategy and processes? What does an effective partner performance evaluation process look like? What governance powers and documentation are required to implement these evaluation and remuneration processes? If you would like to discuss any of the above issues in further detail, please contact Partners Sarah Chilton and Andrew Pavlovic, who specialise in partnership, professional discipline and regulatory law issues for firms and partners.

We are delighted to introduce a new series, ‘Navigating Investigations', where we discuss difficult issues that investigators often grapple with. In this first episode, Partner Emma Bartlett is joined by a special guest, Cindy Butts, Chair of the Independent Commission for Equity in Cricket (ICEC), experienced in conducting investigations, tackling inequality and complaints handling (among many other attributes) to discuss the following: - The ICEC's 2023 published report entitled ‘Holding up a Mirror to Cricket', which details the enquiry's findings on issues regarding race, gender and class in cricket. Cindy outlines the report's key findings, the process and key challenges of conducting this public enquiry over the course of two and a half years. - Methods to develop trust and confidence with reluctant witnesses during an investigation and supporting vulnerable witnesses - How investigators can deal with anonymity issues when conducting investigations. If you have any questions in relation to investigations following this discussion, please contact Partner Emma Bartlett. Find out more about CM Murray LLP's dedicated Investigations Unit here. Huge thanks to Cindy Butts for her insights. You can view the ICEC's Holding up a Mirror to Cricket report here: https://theicec.com/report/

We are delighted to share with you the recording of our recent webinar, ‘Cash, Remuneration and Economic Uncertainty', in which partnership and regulatory law specialists discuss navigating economic uncertainty and how this can be successfully achieved within professional firms. Robert Millard of Cambridge Strategy Group, David Shufflebotham of Pep Up Consulting and Corinne Staves and Andrew Pavlovic, Partners at CM Murray LLP, explore the important and practical considerations professional practice firms ought to consider in these times of economic uncertainty. Their discussion addresses key questions and topics including: • What key commercial changes are affecting firm strategy and their decision making? • What sources of capital firms should be looking to in the new high interest rate landscape; are the traditional methods still viable? • How can firms better structure their own governance to appear more attractive to private equity and bank funding? • Strategic options available to mid-market firms to maintain financial resilience; • Key considerations of financial health from an SRA perspective; at what point do the SRA get involved with a firm in financial distress? How do the SRA view different forms of funding? • What does the financially resilient law firm of the future look like?

We are delighted to introduce a brand new series of talks, Practice Across the Pond, in which we discuss the regulatory and ethical approaches taken to various matters from both a UK (England and Wales) and US (New York perspective). In this episode, CM Murray LLP Partners Corinne Staves and Andrew Pavlovic and Devika Kewalramani, Partner and General Counsel at FisherBroyles, discuss the following: - A comparative overview of the regulatory regimes in both jurisdictions - The key ethical and regulatory challenges faced by GCs working across both London and New York offices and how to address them - Identifying and effectively managing conflicts of interest across global offices, taking into account the differing tests applicable to each jurisdiction and the need to make decisions quickly If you would like to discuss regulation and conflict management in more detail, or if you have any questions arising from this recording, please contact Corinne Staves, Andrew Pavlovic or Devika Kewalramani.

In this short podcast, Chair Mark Risk (Mark Risk PC, New York) and Panellists Amit Bindra (The Prinz Law Firm, Chicago), Omar Molina Garcia (Augusta Abogados, Spain), and Jane Amphlett (Howard Kennedy LLP, UK) discuss briefly some of the issues that they will be analysing in their panel session at the 5th IFSEA Conference on Risk, Reward and Reputation Management for Senior Executives & Founders, on 25 June 2024 in London, including: • The latest key developments to the law governing restrictive covenants, including the FTC ban on non-compete clauses in most US employment contracts, affecting millions of workers, and the pending lawsuits which seek to prevent the FTC ban being implemented • How the enforceability of restrictive covenants in employment and incentive schemes in the UK, Spain and the US could potentially be affected by the recent developments to the law in this area • Other key themes that the panel will cover at the forthcoming IFSEA Conference 2024

We are delighted to introduce the ninth episode of our Women in Sport Podcast, where we discuss developments, initiatives, and issues relating to women in sports and the associated legal implications. In this episode, Partner Emma Bartlett and Trainee Solicitor Mitchell Blythe are joined by a special guest, Becky Grey who is a senior journalist at BBC Sport, to discuss the following:  1. The origin of Becky's passion for sports reporting, the development of her role in the journalism industry and career highlights.  2. The BBC Elite British Sportswomen's Study published by Becky Grey and Sonia Oxley in March 2024 which covers a wide range of issues affecting sportswomen, including income, trolling, maternity and sexism.  3. Becky's involvement with Queen Bee Coaching, a free coaching service for women in leadership in Greater Manchester which aims to break down barriers and accelerate equity. 4. The key catalyst moments which have assisted with changing the perception of women in sport.  5. Who would be Becky's 'dream interview'?

We are delighted to introduce the eighth episode of our Women in Sport Podcast, where we discuss developments, initiatives, and issues relating to women in sports and the associated legal implications. In this episode, Partner Emma Bartlett and Trainee Solicitor Mitchell Blythe are joined by a special guest, Robert Vilahamn, who is the Head Coach of Tottenham Hotspur in the Women's Super League, to discuss the following: - The importance of role models in sport and the impact they can have on the next generation of athletes. - The role Robert plays as an ally to the gender equity movement and a strong advocate for women to have the same opportunities as men to achieve their goals. - Robert's adaptation to his new role at Tottenham Hotspur and the differences between coaching the male and female game. - The Women's Super League North London Derby match between Tottenham Hotspur and Arsenal W.F.C, played on the 3rd of March 2024 at the Emirates Stadium in front of 60,000 fans. - The future of women's football and Robert's motivation for wanting to be at the forefront of its growth and development. Robert's inspiration behind founding the Vilahamn Soccer Academy in Uganda and the work that they undertake.

In this episode, Partner Emma Bartlett and Trainee Solicitor Mitchell Blythe are joined by a special guest, Chris Paouros, who is the Co-Chair of Proud Lilywhites, the official Tottenham Hotspur LGBTQ+ Supporters Association, to discuss the following:  1. Methods and initiatives for harnessing and bringing about change within organisations.  2. Chris' love of Tottenham Hotspur and the inspiration behind founding an award-winning Football Supporters Association.  3. The core principles and aims which are fundamental to the success of the Association.  4. The recent 10th anniversary of the Proud Lilywhites and the video released to commemorate this milestone, which can be viewed here.  5. Support from Tottenham Hotspur players past and present and the positive affect that this has on support for the Association.

This week is Neurodiversity Celebration Week, a global initiative that challenges stereotypes and misconceptions about neurological differences, with the aim to transform how neurodivergent individuals are perceived and supported. In this podcast, Partner Emma Bartlett speaks to Maisie Lockyer, Associate at leading Family law firm Burgess Mee, about how important adjustments are to ensuring neurodiverse clients can participate in legal proceedings, instruct their lawyers and receive advice in the way that suits them best for their particular needs. In particular, Emma and Maisie discuss: Adjustments throughout the legal process: How adjustments may be required from the outset of an instruction from a neurodivergent client, through to preparation for trial or any hearings/meetings Recognising vulnerabilities: Neurodiverse conditions can result in vulnerabilities for clients that can unfairly count against them when during a trial or meeting Raising awareness in the legal profession: The importance for legal professionals to be aware of the potential need to make adjustments for neurodiverse clients and being proactive in this regard, promoting inclusivity and diversity If you have any questions in relation to neurodiversity or if you wish to discuss any of the topics raised in this podcast, please contact Partner Emma Bartlett.

We are delighted to share with you a podcast focusing on 'Navigating the UK and US Regulatory Terrain of Off-Channel Communications'. Listen to the podcast and see below for further details. Historically, it has been easier for employers to monitor record keeping and the contents of off-channel communications. This has become increasingly important as technology evolves and new platforms become available. In this interesting discussion, Wendi Lazar, C-Suite Strategies LLC (New York, USA), Sebastian Sayer, Fox Williams (London, UK) and Natalie A. Napierala, Carlton Fields (New York, USA), speak with Stuart Smith of CM Murray LLP about the actions taken by both US and UK regulators and the practical steps that firms can take to avoid fines. In particular, the panel discuss: - An overview of the rules and sanctions applied by US regulators (SEC, CFTC and FINRA) and UK regulators (FCA and FSA) relating to violations for engaging in off-channel communications and the purpose of record keeping regulations. - What response from these regulators are we likely to see going forward for breaches of record keeping regulations? - Recommended strategies, procedures, training, and internal policies that can be put in place by employers to comply with the regulations. - What is the best practice for employees and supervisors to comply with regulations and limit their own personal risk?

We are delighted to introduce the sixth episode of our Women in Sport Podcast, where we discuss developments, initiatives, and issues relating to women in sports and the associated legal implications. In this episode, Partner Emma Bartlett and Trainee Solicitor Mitchell Blythe are joined by a special guest, Dee Bright, who is the Chair of SpursAbility, the Tottenham Hotspur Disabled Supports Association, to discuss the following: 1. Dee's background in the world of sport, including how she first became introduced to football by watching Wimbledon F.C., and her personal experience of inequality in the sport of horse racing. 2. What inspired Dee to get involved in with the Tottenham Hotspur Disabled Supporters Association, SpursAbility. 3. The groundbreaking accessibility and inclusivity services at the Tottenham Hotspur Stadium and the user lead strategy as the driving force behind them. 4. The viral press conference moment between Tottenham Hotspur manager, Ange Postecoglou, and Dee's son. 5. The positive affect that the promotion of disability inclusion has on diversity and inclusion more generally in an organisation.

In this podcast recording, Partner Zulon Begum and leading international law firm management consultant, Moray McLaren discuss new research by the IBA's Law Firm Management Committee (LFMC) which explores recent trends in partner profit sharing, remuneration and reward. The research has been published by Harvard Law School and is available here: https://clp.law.harvard.edu/knowledge-hub/magazine/issues/the-perfect-partner/defining-the-perfect-partner/ Key discussion points from this podcast recording: - Is there such a thing as a ‘perfect partner' and how do you define them? - Gaining a better definition of partner contribution with an increasing adoption of non-financial performance indicators Introducing clearer guard rails and ensuring there is a fair process - Diffusing tensions around partner remuneration discussions and avoiding barriers to change - Providing leadership with “teeth” by revisiting and reinforcing governance - Moving from partner evaluation to partner development - A look to the future – how AI will move the goals posts on partner contribution and remuneration If you have any questions arising from this podcast recording please contact Partner Zulon Begum.

We are delighted to introduce the fifth episode of our Women in Sport Podcast, where we discuss developments, initiatives, and issues relating to women in sports and the associated legal implications. In this episode, Partner Emma Bartlett and Trainee Solicitor Mitchell Blythe are joined by a special guest, Sunday Times Grassroots Sportswoman of the Year 2020 and rugby player for Richmond Rugby, Zainab Alema to discuss the following: 1. Zainab's ambition of becoming the first Black Muslim woman to play for England Rugby and her progress so far in overcoming stereotypes. 2. The origin and meaning of her nickname 'The Bulldozer'. 3. The importance of representation in sport and Zainab's experience in meeting one of her sporting heroes, former England and Saracens W.R.F.C player, Maggie Alphonsi. 4. The new ground-breaking maternity, pregnant parent, and adoption policy unveiled by the Rugby Football Union (RFU) which seeks to promote the health and safety of rugby players and normalise motherhood in sport. 5. The future of women's rugby and Zainab's involvement in growing the women's game at a grass roots level, including her incredible project Studs in the Mud with the Atlas Charity.

Following the 4th IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders in June 2023, we are delighted to share with you a follow up podcast on the interesting topic of ‘Engaging constructively with the activist workforce'. In this discussion, the IFSEA annual conference panellists explore the prevalence of individual and collective activism amongst employees from a transcontinental perspective. Although this informative discussion focuses on the activism experiences in the United States, United Kingdom, Norway and Spain, the trends discussed are relevant to every jurisdiction: Georgina Calvert-Lee, Bellevue Law, UK Pål Kvernaas, Haavind AS, Norway Carlos Pareja Frade, Augusta Abogados, Spain Chair: Danny J. Kaufer, Borden Ladner Gervais LLP, Montréal, Canada In particular, the panel discuss: • The difference between collective and individual activism. • What is the line to be drawn between personal and professional activism – should employers be responsible for their employee's social media free speech? • The impact of trade unions on collective and individual activism. • The future of collective and individual activism – should individual activism be regulated internally by employers or more broadly by statute?

Following the 4th IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders in June 2023, we are delighted to share with you a follow up podcast on the session, 'Board Pay: Heightened scrutiny of CEO and executive compensation.' In this podcast between the IFSEA annual conference panellists, this amazing panel discuss whether compensation increases are matched to meeting ESG and other targets. Emma Bartlett, CM Murray LLP (UK) Teresa L. Johnson, Arnold & Porter (San Francisco, USA) Dr Johannes Traut, Seitz (Germany) In particular, the panel discuss: • The pay gap between a CEO/Executive and workers and how this differs between jurisdictions • What factors are taken into account when drafting executive compensation packages? • How important is ESG for firms and is there an incentive for firms to have ESG targets? • Shareholders and customers are driving an increase in ESG and CSR targets within executive compensation packages, but to what extent are executive incentives weighed against these targets? • How firms are balancing ESG targets and financial business targets?

In this discussion between the IFSEA annual conference panellists, this brilliant panel examine the damage that narcissistic leaders can inflict on corporations and explore the potential solutions: Wonu Sanda, CM Murray LLP, UK Lori L. Deem, Hughes Socol Piers Resnick DYM, Chicago, USA Trisha Daho, Empowered Leadership Cultivation, Chicago, USA Kevin Hogarth, Assentar Ltd, UK We also thank Matt Myer of Mishcon de Reya (UK), who was unable to join the podcast, but attended as a panellist on the day of the conference and provided excellent insights. In particular, the panel discuss: The behaviours and qualities that are exhibited by a narcissistic leader - what are the hallmarks and are there any positives? The impact that working for a narcissistic leader can have on the culture of a workforce - is it really an issue or do we have an oversensitive new generation of workers? What are the financial, institutional, and human costs associated with having narcissistic senior leaders and why do some boards continue to tolerate them? Practical strategies for businesses and their advisers to mitigate the risk of hiring and harbouring narcissistic leaders and driving inclusive leadership.

We are delighted to share with you the recording of the recent webinar "How are the UK's Regulators Addressing Sexual Misconduct in their Professions?", in which our expert panel discuss the rules, guidance and approach to sexual misconduct taken by the Financial Conduct Authority (FCA), Solicitors Regulation Authority (SRA) and General Medical Council (GMC). In this webinar, Carol Davis KC (Littleton Chambers), chair Sarah Chilton (Senior Partner, CM Murray LLP), and speakers Emma Bartlett (Partner, CM Murray LLP) and Andrew Pavlovic (Partner, CM Murray LLP) discuss the following: 1. The steps the SRA has taken to address sexual misconduct and toxic working environments since 2018. 2. The recent FCA consultation and proposed rule changes to address sexual and other forms of non-financial misconduct. 3. The GMC updated Good Medical Practice guidance which specifically mentions sexual misconduct for the first time. 4. Recent cases from each profession, demonstrating the varying approach taken to sanctions where sexual misconduct is established. 5. The SRA's new rules requiring partners to challenge behaviour, and how this contrasts with the requirement to challenge set out in the GMC guidance. 6. The SRA workplace environment guidance and the potential for action to be taken against firms (both SRA and FCA) where there has been a failure to address toxic working environments. 7. How regulated firms can reinforce good behaviours through training and policies. If you would like to discuss any of the above issues in further detail, please contact Partner, Andrew Pavlovic, who specialises in regulatory law for firms and partners.

We are delighted to share with you a podcast from two of the leading international senior executive and founder advisers, Wendi Lazar of Outten & Golden & Doug Mandell of Withersworldwide, who discuss 'Anatomy of a Transaction: Key Issues for Executives and Founders Selling Their Business and What Protections are Worth Fighting For?'. In this hugely interesting and lively discussion, with real life stories direct from the front line of advising senior executives and founders in major transactions, IFSEA members and annual conference panellists Doug Mandell of Withers (California, USA) and Wendi S. Lazar at Outten & Golden LLP (New York, USA) speak with Stuart Smith, Marketing and Business Development Manager at CM Murray LLP (UK), about the critical issues inherent in the sale of a business from the employment perspective, including financing, engaging with corporate counsel and retaining and protecting other employees in preparation for a transaction. In particular, the panel discuss the following elements of an M&A transaction: - The importance of an Executive having their own counsel representing them during a transaction - What key attributes should an Executive look for when hiring counsel in the sale of their business? - How is conflict managed throughout the process? - Timing of representation: When should an Executive retain counsel? What makes for a successful transaction and what are the key issues that Executives need to be aware of?

Following the recent 4th IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders, we are delighted to share with you a follow up podcast on the session, 'How Executives get the best out of their teams.' In this thought-provoking discussion between the IFSEA conference panellists, they examine how executives can manage their teams in a way which is mutually beneficially for both employer and employee: Louise O'Connor, CM Murray LLP, UK Joydeep Hor, People + Culture Strategies, Australia In particular, the panel discuss: - The impact of treating the employment relationship as a transactional relationship - The disconnect in terms of employee expectations, including amongst different generations - Managing employee expectations, while remaining true to the employer's culture - Balancing the competing needs of different employees For more information on any of the issues discussed in this podcast, please contact our Senior Associate Louise O'Connor, who specialises in employments and partnership law issues.

Following the recent 4th IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders, we are delighted to share with you a follow up podcast on the breakout session, 'Executive Relationships at work – ban, boundaries or blind eye?' In this insightful discussion between the IFSEA annual conference panellists, our excellent panel explore whether relationships in the workplace can ever be appropriate or safe and how employers might seek to manage the workplace risks: Pooja Dasgupta, CM Murray LLP, UK Linky Trott, Edwin Coe LLP, UK Terese M. Connolly, Barnes & Thornburg LLP, Chicago, USA In particular, the panel discuss: the key factors for employers to take into account if considering implementing an outright ban on relationships at work, including discussion relating to the potential differences in approach in respect of relationships involving C-Suite executives the range of potential legal claims arising from a breakdown of the relationship (or, indeed, the impact of the relationship on other staff members) and the significance of the risks posed to the individuals concerned and the employer, both from a UK and US perspective practical takeaways for employers looking to introduce an effective relationships at work policy to mitigate against potential legal, regulatory and reputational risks, including careful drafting of the extent and timing of disclosure/reporting obligations and the importance of regular training

We are delighted to share the fourth episode of our Women in Sport Podcast, where we discuss developments, initiatives, and issues relating to women in sports and the associated legal implications. In this episode, Partner Emma Bartlett and Trainee Solicitor Mitchell Blythe are joined by two special guests, Juan José Hita Fernández, Partner at Augusta Abogados and Starky Mondragón Malca, Lawyer at Augusta Abogados and former professional footballer in Spain. In this podcast we discuss the legal developments in the ongoing situation involving Spanish football official Luis Rubiales and Spanish World Cup winning footballer, Jenni Hermoso. In particular: The employment and labour status of those involved and the obligations that bind the behaviours of Luis Rubiales toward the Spanish football team. The investigations into Luis Rubiales conduct which are being pursued from various angles, including the public prosecutors investigation. The public reaction from both female and male professional footballers in Spain. Whether this could be a catalyst for cultural change in the treatment and respect for women playing professional sport?

We are delighted to share with you the recording of the recent Professional Practices Alliance webinar, Moving The ESG Needle For Law Firms – Deciding What Matters And What Can Be Achieved, in which our expert panel discuss how professional practices priorities are shifting regarding ESG. In this webinar, our chair Andrew Pavlovic, (CM Murray LLP), Rob Millard (Cambridge Strategy Group), Zulon Begum (CM Murray LLP) and Sarah Chilton (CM Murray LLP) discuss the following: Materiality – how firms should determine their priorities when it comes to ESG, as firms move away from focussing on their own emissions and are now increasingly considering the environmental impact of their client work Stakeholders – the importance of identifying key stakeholders and carefully considering and incorporating their interests into your ESG strategy Client Selection – taking a nuanced approach when considering whether or not to act for clients whose ESG-related aims and values may not wholly align with that of your firm, balancing business needs, the concept of access to justice, and whether firms can use their expertise and experience to mitigate any potential negative impacts of their advice Remuneration – the increasing shift towards incorporating elements of non-financial performance (i.e. alignment with and adherence to firms' ESG-related policies) into partner assessment and remuneration policies Risk Management – the risk of discrimination claims under the Equality Act 2010 where, for example, a member of staff is treated less favourably and/or harassed because of their beliefs on climate change If you would like to discuss any of the above issues in further detail, please contact Partner, Andrew Pavlovic, who specialises in regulatory law and professional discipline matters for firms and partners.

Following the recent 4th IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders, we are delighted to share with you a follow up podcast on the opening plenary session, 'Ethical Handling of Executive Investigations.' In this lively and insightful discussion between the IFSEA annual conference panellists, this brilliant panel explore different approaches to ensure the ethical handling of executive investigations: - Beth Hale, CM Murray LLP, UK - Lindsey Wagner, Moxie Mediation & Workplace Investigations, California, USA - Carol Davis KC, Littleton Chambers, UK - Meriel Schindler, Withers, UK - Kristen Prinz, The Prinz Law Firm, Chicago, USA In particular, the panel discuss: • Common challenges seen in executive investigations, including: 1. The personal nature of the allegation. 2. Delays with informing the accused about the investigation. 3. Misunderstanding of confidentiality parameters. 4. Effects on the mental health of those involved. 5. Managing the risk of retaliation. • External v internal investigators: What are the pros and cons of using an external investigator as opposed to investigating allegations internally. • When is it appropriate to suspend during an investigation procedure and what are the alternatives to suspension? • How much, if any, evidence is disclosed to the accused ahead of the interview process? We also thank Claire Cross of Corker Binning, UK who was unable to join the podcast, but attended as a panellist on the day of the conference and provided excellent insights.

We are delighted to share with you the recording of our recent IFSEA webinar, 'What are the Best Mediation Strategies for Resolving Executive & Founder Disputes?' where our internationally renowned panellists explored how different jurisdictions approach the mediation of disputes between key corporate players and executives. In this webinar, chair Peter Rukin (Partner, Rukin Hyland & Riggin LLP & Mediator, Sequitur Resolutions - San Francisco), Jane Mulcahy KC & Ian Mill KC (Blackstone Chambers - UK), Lynne Hermle (Partner, Orrick - Silicon Valley), Ana Cid (Partner, Seyfarth - New York/London) and Yulia Fedorenko (Associate, CM Murray LLP - UK) discuss the following in respect of their jurisdictions: • How has the perception of mediation changed in the last 20 years? • Faster resolutions: Mediation as a more rapid alternative to lengthy court proceedings, particularly in cases involving senior executives and founders. • Innovative problem solving: Bringing key stakeholders together to foster unconventional solutions that parties may not have otherwise considered - particularly effective when parties are open to mediate but not to negotiate. • Balancing styles of mediation: The most successful mediators tend to vary between evaluative (common in the US) and facilitative (more UK-centric) in their style, assessing issues while guiding resolutions. • What are the key traits that make a successful mediator? • Tailored solutions: Unlocking unique remedies normally unattainable through the courts, such as apologies, policy shifts, and relationship mending. • The importance of preparation and exploring sensitivities, insurance implications, and address confidentiality worries with a mediator prior to instruction.

Following the recent 4th IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders, we are delighted to share with you a follow up podcast on the breakout session, 'Business Protection: The Top 5 Things you Need to Know Right Now on Restrictive Covenants and Confidential Information'. In this lively and insightful discussion between the IFSEA annual conference panellists, this brilliant panel explore developments and practical issues on restrictive covenants in their jurisdictions: Mark Risk, Mark Risk P.C, USA, New York Jennifer Millins, Mishcon de Reya, UK Jeffrey E. Goodman, Mathews, Dinsdale & Clark LLP, Canada Inge Derde, Van Eeckhoutte, Taquet & Clesse, Belgium In particular, the panel discuss: • The origins of post-termination restrictions in different jurisdictions: are they developed through common law or statute and where does the burden of proof lie to enforce them? • To what extent will the courts enforce post-termination restrictions, how far do the restrictions go to offer protection for businesses and what are the tests for enforceability across the relevant jurisdictions? • The suitability and application of garden leave as an alternative to restrictive covenants. • What does the future hold in this area, from proposed legislation to the imposition of new regulations and are we seeing a decline in post-termination restrictions?

We are delighted to share with you the recording of the recent webinar "New SRA Rules on Unfair Treatment and Challenging Behaviour - What Firms and Partners Need to Know", in which our expert panel discuss the new SRA rules on unfair treatment and challenging behaviour. In this webinar, you can hear from guest speaker, Adam Tolley KC (Fountain Court Chambers), chair Beth Hale (CM Murray LLP), and speakers Sarah Chilton (CM Murray LLP) and Andrew Pavlovic (CM Murray LLP) as they discuss the following: The background to the new rules and how they form part of the SRA's on-going campaign to address toxic working environments in law firms. How to distinguish between unfair treatment in a regulatory context and unfair treatment in an employment context. What constitutes "challenging behaviours" in practice and what factors need to be considered when determining whether behaviour needs to be challenged at all, and if so, whether it should be challenged in the moment or after the event. The interaction between the requirement to challenge unfair treatment/behaviour and the existing self reporting obligations. How firms record challenges to behaviour and the risks that arise from record keeping - Should there be a process for a subject of a challenge to be able to 'challenge the challenge'? How can a firm demonstrate compliance with the new rules in practice, through policies, training, and the proper and fair investigations of complaints.

In the next episode of our regulatory podcast ReguLaw, Partner and Regulatory specialist, Andrew Pavlovic, and Associate, Naomi Latham are joined by David Hopkins of 39 Essex Chambers. David has a substantial professional discipline practice and regularly appears in the Solicitors Disciplinary Tribunal, acting for both the SRA and respondents. Andrew, Naomi and David discuss the SRA's changing approach to sanctions and financial penalties, including the following: 1. The recent increase in the SRA's internal fining powers, with a discussion as to how those powers have been exercised to date 2. The rare circumstances where the SRA will hold a hearing before an adjudication panel, what type of cases might be appropriate for such hearings and how often we would expect this to occur in practice 3. The SRA's extension of turnover based fines for firms and the introduction of means based fines for individuals 4. Notable cases involving the fining of individuals for sexual misconduct and instances where the SRA have sought permission to address the Tribunal on sanctions 5. The recent case of Barnes, its application to sanctions in Hutchings, and whether this case will have an impact on financial sanctions/costs orders in the Tribunal going forwards We hope you enjoyed this episode of ReguLaw. If you have any questions or would like to feature as a special guest in a future episode, please get in touch with Partner Andrew Pavlovic or Associate Naomi Latham.

We are delighted to share the third episode of our Women in Sport Podcast, where we discuss developments, initiatives, and issues relating to women in sports and the associated legal implications. In this episode, Partner Emma Bartlett and Paralegal Mitchell Blythe are joined by a special guest, Tess Howard, who plays hockey for both Team GB and England and was described by England Hockey as 'one of the most exciting young talents in world hockey.' Having recognised that women are put or can be put at a disadvantage from a young age through to professional life by sportswear, Tess has actively done something about it. In this podcast we discuss the following: 1. Tess's journey in hockey from winning Bronze at the 2018 European Junior Championship to returning from a serious injury to play in the 2022 World Cup and then go on to score in the 2022 Commonwealth Games Final to lead England to gold. 2. Tess's work as the Founder and Director of Inclusive Sportswear, a non-profit community-interest company who are dedicated to making more inclusive physical activity and sports clothing policies for schools, clubs, sports organisations, national governing bodies and brands. 3. The way in which sportswear disadvantages and can act as a barrier to women in sports compared to men and what can be done to accelerate the development of women in sports.

In celebrating Windrush 75, we have reflected on the significant contribution that people of the Caribbean have made to the UK who came on the Windrush to work, study and be apprenticed. Their story warrants telling. The Windrush generation and their descendants have invariably experienced discrimination in the UK and Prince William acknowledged this in his speech when he unvieled the Windrush statue at Waterloo recently. He said "It is diversity that makes us". As part of our racial equality awareness, we asked two of our recent work experienced students to record a short podcast to help us understand more about Windrush. This podcast was recorded by Tasfiah Jerin and Anne Rony and edited by Stuart Smith.

Is Your Firm prepared for the Financial Year Ahead? Key Trends and Challenges for Professional Services Firms in 2023/24 We are delighted to share with you the recording of our recent webinar, 'Is Your Firm prepared for the Financial Year Ahead? Key Trends and Challenges for Professional Services Firms in 2023/24', in which our expert panel discuss the financial year ahead for professional services firms. Listen to the recording here and see below for further details.  In this webinar, you can hear from Chair, Corinne Staves (CM Murray LLP), and speakers Robert Millard (Cambridge Strategy Group), David Shufflebotham (Pep Up Consulting) and Andrew Pavlovic (CM Murray LLP) as they discuss the following issues to include in professional service firms 'to do' list for the next financial year:  - How to remain profitable and effectively manage the firm's cash flow at a time of stalled economic growth, inflation, cost of living crisis and basis period reform. - Implementing a strategy and the importance of having a Plan B strategy, especially during a time where firms are adapting to deliver client services in a new technological era. - How to maintain and enhance a firm's culture and productivity in a hybrid working environment, including the impact that long-term hybrid working may have had on a firms culture. - Key regulatory developments and the practicalities surrounding how to approach them, specifically the new SRA regulations to address toxic work environments by actively challenging behaviours in the workplace. - Whether ChatGPT could spell the end of lawyers or whether it can be harnessed to improve service delivery and profitability of firms. - The potential regulatory issues that arise from using new technology (such as Chat GPT) to assist with delivering client services. - The increasing need for professional service firms to address environmental issues. If you would like to discuss any of the above issues in further detail, please contact Partner, Corinne Staves, who specialises in partnership issues for firms and partners.

We are delighted to share the second episode of our Women in Sport Podcast, where we discuss developments, initiatives, and issues relating to women in sports and the associated legal implications. In this episode, Partner Emma Bartlett and Paralegal Mitchell Blythe are joined by a special guest, Stacey Copeland, who has represented England at an international level in both boxing and football, to discuss the following: 1. Stacey's upbringing playing football for her school and club, her introduction to boxing as a teen through to the amateur boxing ranks and becoming a professional boxer. 2. Stacey's experience as the first ever British woman to win the Commonwealth female super-welterweight title in 2018 and her subsequent endeavours to drive change and promote equality for women in the sport. 3. The current status of women's sport how the advancement and development of women's sport can be accelerated on a micro and macro level through: • Investment in training facilities, coaches, resources, research and advice. • Exposure to women's competition and role models. • Use of language and comparisons. • Charities such as UNLOCKED by the Women's Sport Trust

We are delighted to present this podcast focusing on trends in international law firm expansion, with Partners Corinne Staves and Zulon Begum and special guest, Robert Bata, Founder and Principal of WarwickPlace Legal. In this detailed Q&A led by Corinne, with leading experts Robert and Zulon, the fascinating and wide-ranging discussion covers (among other things): • Recent trends in law firm international expansion • Liberalisation and opportunities in the Indian market • The continuing rise of Singapore and the continued relevance of Hong Kong • Post-Brexit significance of London and Dublin • Cultural alignment and the integration of new jurisdictions into an existing legal and cultural framework Listen to the podcast here Robert Bata is the Founder and a Principal at WarwickPlace Legal, a consultancy focused exclusively on formulating and implementing cross border expansion strategies for leading law firms. Robert practised M&A law with prominent US and European law firms, as well serving in law firm management capacities and lecturing regularly on these topics. Zulon Begum is a specialist professional practices lawyer with extensive expertise in international law firm structures, governance and transactions. She serves on the Law Firm Management Committee of the International Bar Association. Corinne Staves also advises law firms and professional services firms on a range of issues, including launches, partner moves, governance, profit sharing and mergers. She is a former Chair of the Association of Partnership Practitioners. If you are a partnership or LLP and would like to find out how we can assist you in relation to expansion, or if you have any other questions arising from this podcast, please contact Zulon Begum or Corinne Staves.

In the next episode of our regulatory podcast ReguLaw, Partner and Regulatory specialist, Andrew Pavlovic, and Associate, Naomi Latham discuss the increased scrutiny on lawyers in the last 12 months, both in relation to the type of work that they undertake and the clients they act for. In this episode, Andrew and Naomi discuss: 1. SLAPPS – An overview of the SRA's guidance on the conduct of disputes, warning notice and thematic review; 2. “Sharp practice” – The recent findings of the Solicitors Disciplinary Tribunal in Woolf and the message this sends to solicitors engaging in sharp practice; 3. NDAs – The SRA's current thematic review following the SRA's warning notice on the use of NDAs, what our experience is with NDAs and confidentiality clauses; 4. GCs and in-house lawyers – A summary of the SRA's in house solicitors thematic review and how the in house community have responded to the review so far; 5. Economic uncertainty - Whether we expect to see further ethical challenges arise for solicitors and firms given the UK's current financial markets and its stability. 6. Client selection - how firms are under increasing pressure to reject instructions from potential or existing clients for political and societal reasons. We hope you enjoyed this episode of ReguLaw. If you have any questions or would like to feature as a special guest in a future episode, please get in touch with Partner Andrew Pavlovic or Associate Naomi Latham.

We are delighted to introduce the first episode of our Women in Sport Podcast, where we discuss developments, initiatives, and issues relating to women in sports and the associated legal implications. In this episode, Partner Emma Bartlett and Paralegal Mitchell Blythe are joined by a special guest, Harlequins and England rugby player, Rosie Galligan to discuss the following: 1. Rosie's inspiring journey to overcome adversity to play for England at the Rugby World Cup in New Zealand, her experience of the tournament and the subsequent reception for the women's game following the incredible World Cup campaign. 2. The future of women's rugby and initiatives for capturing the inspiration of the next generation ahead of the 2025 Rugby World Cup, which will be held in England. 3. The new ground-breaking maternity, pregnant parent, and adoption policy unveiled by the Rugby Football Union (RFU) which seeks to promote the health and safety of rugby players and normalise motherhood in sport.

We are delighted to introduce our brand new regulatory podcast, ReguLaw, featuring our Partner and Regulatory specialist, Andrew Pavlovic, and our Associate, Naomi Latham. This episode will be the first in a series of podcasts where Andrew and Naomi will discuss key regulatory trends and hot topics which professional service firms and solicitors need to be aware of. In our first episode, Andrew and Naomi discuss the SRA's continued focus on law firm culture, including the following: 1. The SRA's guidance and thematic review on workplace environments and what that means for firms. The thematic review focuses on three main areas (mental health, creating a speak up culture and supervision) which are discussed in detail, with practical insight as to how firms should respond and react to the guidance. 2. The incoming rule change requiring firms and individuals to treat colleagues fairly and not unfairly discriminate them, together with the obligation on managers to challenge unfair/discriminatory behaviour, reviewing the draft guidance that the SRA has published and considering the types of behaviour the SRA will expect managers to challenge and how they should do this in practice. 3. The joint statement published by the SRA and the Solicitors Disciplinary Tribunal following the increase in the SRA's internal fining powers and how this demonstrates a significant shift in the SRA's approach to tackling toxic workplace cultures. 4. Supervision of junior solicitors and how unhealthy workplace environments can contribute to misconduct and/or mistakes being made.

In this webinar, chaired by Mark Risk of Mark Risk PC, Dean M. Harvey (Partner at Lieff, Cabraser, Heimann & Bernstein LLP), James Hockin (Senior Associate at Withers), Danny Kaufer (Senior Counsel & Co-Chair, Sports Law & Gaming Group at BLG), Dr. Johannes Traut (Partner at Seitz) and Cody Yorke (Partner at Outten & Golden) discuss the US Federal Trade Commission (FTC) proposed ban on non-competition covenants in employment agreements. In particular, the panel discuss: - The details of the FTC proposal, exploring its broad scope, exemptions, and potential legal ramifications of misclassifications under the exemptions. - Whether the FTC proposal can be challenged and, if so, on what grounds. - How other jurisdictions which have already banned non-competition clauses have fared in balancing the protections for businesses (including their confidential information) and their departing senior executives and founders. - The initial perception of the proposal by the FTC from the perspective of senior executives and whether other jurisdictions will follow suite after the FTC ruling. If you would like to discuss non-competition clauses further or have any questions arising from this recording, please contact Clare Murray, David Fisher or Merrill April.

Hybrid Working and Discrimination: What are the Challenges for Employers and How Can They be Overcome? Almost three years since the UK first plunged into lockdown as a result of the global pandemic, the seismic consequences of that lockdown continue to be seen today, not least through the new model of working which has become prevalent in this country and, indeed, throughout the world. With almost unanimous agreement that hybrid working, in one form or another, is here to stay, what are the potential employment law consequences arising from this? In this podcast, Partner Merrill April and Senior Associate Louise O'Connor consider whether employers are sufficiently prepared to meet the potential discrimination risks associated with hybrid working. In particular, Merrill and Louise discuss: - Can employers afford to reject the hybrid working model? - How can employers meet their legal obligations towards employees who may be protected from disability discrimination, whilst they are engaged in hybrid working? - Is there any clarity for employers on whether long Covid should be treated as a disability, and does the EHRC code provide any guidance? - As discrimination protections continue to develop in the hybrid working area, what should employers remain mindful of regarding the risk of other forms of discrimination, including considering the socio-economic backgrounds of their employees? - In light of our experiences working from home and hybrid working over the past three years, what should employers be carefully considering given the recent announcements regarding the proposed revisions to the flexible working framework in the UK? - In the hybrid work era, how can employers take practical steps to attract and retain talent, ensure business efficacy and protect themselves from allegations of discrimination? For more information on any of the issues discussed in this podcast, please contact our Partner Merrill April and Senior Associate Louise O'Connor, both of whom specialise in employment and partnership law issues.

We are delighted to share with you the recording of the recent IFSEA webinar, 'Confidential Information: The Use and Misuse by Executives and Founders.' Please see below for full details and listen to the recording here.  In this webinar, chaired by David Fisher, (Partner at CM Murray LLP), Peter De Maria, (Senior Partner at Doyle Clayton), Amit Bindra (Partner at The Prinz Law Firm, P.C.) and Klaudia Aliaj (Director at Alvarez & Marsal Disputes and Investigations LLP) discuss confidential information in the United Kingdom and United States and some of the key legal and practical issues facing senior executives and founders. In particular, the panel explores:  - The core principles and definitions of confidential information, unpacking the following concepts:   1. The factors to be considered when determining what constitutes a 'trade secret' and what constitutes other 'confidential information' 2. Whether protection can be applied to an employee's experience and know-how 3. Which categories of confidential information can be protected during and after employment, including practical tips to prevent confidential information from being taken from a business.   - Practical steps for employers when there is evidence of misuse of confidential information.   - How a computer forensic investigation is undertaken and what it might uncover. If you would like to discuss confidential information further or have any questions arising from this recording, please contact Partner David Fisher.

We are delighted to share with you the recording of our recent webinar 'Legal Professional Privilege 101: What are the Principles and How is it Applied in an Employment Law Context?' n this webinar, chaired by Beth Hale (Partner and General Counsel at CM Murray LLP), Wonu Sanda (Senior Associate at CM Murray LLP), and Michael White (Barrister at 11KBW) aimed at HR professionals, in-house counsel, private practice lawyers, and other professional advisers, the panel discuss legal and litigation privilege, in particular: Exploring the core principles of legal and litigation privilege and specific case law examples to explore what is meant by the following: Confidential communication Client Lawyer Dominant purpose of legal advice Dominant purpose of obtaining information for adversarial proceedings. Key practical protocols, guidance and tips to ensure privilege is maintained in practice Frequently encountered employment-based scenarios, demonstrating how legal and litigation privilege applies in practice and establishing which type of privilege applies to factual situations Listen to the recording here Please click here to download our handy summary of Legal Professional Privilege. If you would like to discuss legal or litigation privilege in more detail or have any questions arising from this webinar, please contact Beth Hale (Partner and General Counsel at CM Murray LLP) or Wonu Sanda (Senior Associate at CM Murray LLP).

What are the different approaches taken internationally towards driving greater diversity at board level? In this recording, Emma Bartlett, Partner at CM Murray LLP (UK), Pål Kvernaas, Partner at Haavind Law Firm (NO), Teresa L Johnson, Partner at Arnold & Porter (US), Wendi Lazar, Partner at Outten & Golden (US), and Carl-Frederik Hedenstrom, Partner at CFH (SE) explore the different approaches taken internationally toward greater diversity on boards as a follow-up to the panel discussion at the 3rd IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders in June 2022. In particular, the panel discuss: - The effectiveness, challenges, and implementation of Norway's mandatory quotas for women on boards and whether this approach has seen an increase in productivity and profitability over the past 16 years; - The US approach, including the recently introduced, controversial legislation in California, which saw quotas implemented in order to improve board diversity and the impact that this legislation has had; - The effectiveness of the non-legislative road to board diversity in Sweden and the recent decision to vote against the new EU directive for board equality; and - The UK approach to board diversity and the introduction of new listing rules by the Financial Conduct Authority, with the objective to encourage transparency and accountability in relation to diversity. This recording follows the Diversity and Inclusivity session during the 3rd IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders, which took place in London on 14 June 2022. We have thoroughly enjoyed exploring this topic and thank our expert panel for their insightful contributions both during the live session and on this podcast. If you have any questions regarding the issues raised in this podcast recording, please contact Emma Bartlett.

“Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek.” - Barack Obama In celebration of this year's Black History Month (“BHM”), Senior Associates Pooja Dasgupta and Wonu Sanda reflect on the BHM 2022 theme of “Time for Change: Action Not Words”. In this podcast, Pooja and Wonu are joined by Jesse Bakare, a previous participant in CM Murray's Virtual Internship Programme and future trainee solicitor at Slaughter & May, who shares his authentic experiences as an aspiring, black solicitor embarking on a legal career, and reflects on the importance of mentorship and role models who, in his case, have encouraged him and have helped to shape his decisions thus far in pursuing his route into law. Pooja, Wonu and Jesse also discuss the measures employers should be taking to facilitate a truly diverse and inclusive workplace, with a view to recruiting, promoting and retaining black talent and addressing underrepresentation in the legal sector and beyond; and the importance of active allyship against racism. For more information on the topics covered in this recording, please contact our Senior Associates Pooja Dasgupta or Wonu Sanda, who both specialise in employment and partnership issues for multinational employers, senior executives, partnerships and partners.

What are the latest immigration challenges and opportunities facing senior executives and employers, both in the US and UK? In this recording, Jonathan A. Grode, Practice Director and Managing Partner at Green and Spiegel LLC (US), and Natasha Chell, Partner and Head of Risk and Compliance at Laura Devine Immigration (UK), explore developments in US and UK immigration that have occurred since the 3rd IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders in June 2022. In particular, Jonathan and Natasha discuss: - The reduction in processing times for US and UK visas and the positive impact on firms and senior executives. - What procedures will employers and employees need to follow to ensure immigration due diligence is maintained during a merger and/acquisition? - The introduction of the High Potential Individual (HPI) visa in the UK and the reasons that we have not seen the expected uptake in visas of this kind. This recording follows the Immigration lunchtime pop-up session during the 3rd IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders, which took place in London on 14 June 2022: https://www.cm-murray.com/knowledge/international-conference-on-risk-reward-and-reputation-management-issues-for-senior-executives-and-founders-2022/ We have thoroughly enjoyed exploring this topic and thank our expert panel for their insightful contributions both during the live session and on this podcast. If you have any questions regarding the issues raised in this podcast recording, please contact one of the team at CM Murray LLP.: https://www.cm-murray.com/