Ashurst Legal Outlook Podcast: Recent Episodes
Ashurst
The commercial world is always changing and the legal landscape never stands still. Keeping pace with all those changes, and knowing how they affect your organisation, is a big responsibility and a challenging task. Ashurst Legal Outlook will keep you at the forefront of the most pressing legal issues, offering insights from legal experts across our international network.
If you work on Australia’s data center infrastructure, you’ll already be familiar with the energy and infrastructure pressures that come along with that. The question is: Can our energy system keep pace with the nation’s escalating demand?
In the first of this two-part episode of Here Today, Here Tomorrow we go in search of answers. Ashurst Perkins Coie’s Alexandra Peace is joined by colleagues Kate Muller and Mike Webb to discuss how data center operators can meet government expectations to provide their own power and offset demand with renewables. They also consider how to bridge the funding gap, how to withstand grid disturbances, and how the current regulatory framework may no longer be fit for purpose.
Listen to this episode by searching “Legal Outlook by Ashurst Perkins Coie” on Apple Podcasts, Spotify or your favorite podcast player. Find out more about the full range of Ashurst podcasts at ashurstperkinscoie.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Australia’s energy story is being rewritten by data center developers – and in this episode, we offer a sneak peek at how the next chapters will play out. From procurement risks to fresh revenue opportunities, we examine the issues developers should watch out for.
This is the second of a two-part episode of Here Today, Here Tomorrow, our regular podcast mini-series about data centers around the globe. You’ll hear from Ashurst Perkins Coie real estate partner Alexandra Peace and project partners Kate Muller and Mike Webb about how data center operators are not only buying power in Australia’s energy ecosystem – but also generating it too.
Along the way, the trio discuss the growth of renewables in the energy mix, through a mix of retail contracts, sleeved and virtual PPAs, and wholesale market exposure. They explain how behind-the-meter batteries and power generation open up new revenue lines and joint venture opportunities. And they consider one of the great conundrums for the data center energy equation: that flat, round-the-clock demand helps soak cheap daytime solar energy but adds pressure during peak times.
Listen to this episode by searching “Legal Outlook by Ashurst Perkins Coie” on Apple Podcasts, Spotify or your favourite podcast player. Find out more about the full range of Ashurst podcasts at ashurstperkinscoie.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ashurst Perkins Coie partners Ian Bolster, Head of APAC Dispute Resolution and Class Actions, and Tihana Zuk, a consumer and competition law specialist and Regional Sector Leader, Technology discuss the intersection of class actions and Australian consumer law. Together, they explain why consumer law claims are well suited to class action proceedings and explore recent developments involving product defects, consumer guarantees, unfair contract terms and emerging unfair trading practices reforms.
The discussion also considers the role of the ACCC, the growing litigation risk facing businesses that operate at scale, and the practical governance, compliance and complaints handling measures that can help prevent issues escalating into class actions.
To listen, search for "Legal Outlook" on Apple Podcasts, Spotify or your preferred podcast platform. You can also explore the full range of Ashurst podcasts at ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in law or practice, or to cover every aspect of the topics discussed. Listeners should obtain legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
M&A transactions have become increasingly complex over the past decade in a number of ways. Regulatory conditions in particular have become more prevalent and introduce additional execution risk.
In the latest podcast, Harry and Hayley speak with antitrust and competition law authority, Chris Eberhardt, to get his thoughts on how the UK and EU merger control landscape has evolved and how this is impacting UK public M&A.
The episode is intended to sit alongside, and complement, our quarterly publication which is available on our website. The publication looks at key highlights and market developments in the second quarter, as well as relevant legal and regulatory developments. The publication also includes tables summarizing the key features of firm offer announcements made during the quarter.
To listen to this and to subscribe to future episodes in our Takeover Talks miniseries search for “Ashurst Perkins Coie Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. You can also find out more about the full range of Ashurst Perkins Coie podcasts at ashurstperkinscoie.com/en/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Relationships are at the heart of successful structured leverage transactions. In this episode we discuss what makes the right financing partner, how borrowers should assess potential providers, and the key commercial and structural factors to consider.
As the European structured leverage market continues to mature, relationships are becoming just as important as legal documentation. But what separates a good financing partner from the right one?
Ashurst Perkins Coie partner Ruth Harris and AJ Storton, Partner at Art Capital, are joined by special guests Farrah Brown, Head of Debt Capital Markets, Europe, and Shawn Kaufman, Head of Debt Capital Markets, Americas, at Nuveen Real Estate. Drawing on their experience of both the European and U.S. markets, they discuss what borrowers should prioritize when selecting a structured leverage provider and how the market is evolving.
The conversation explores the importance of strategic relationships, operational alignment and track record, alongside key structuring considerations including warehouse facilities, advance rates, consent rights, mark-to-market provisions and recourse. The panel also compares the more established U.S. market with Europe's rapidly developing landscape and considers what increasing competition among providers means for borrowers.
As referenced by Ruth watch some useful 101 videos on the CREFC website.
To listen, search for "Ashurst Perkins Coie Legal Outlook" on Apple Podcasts, Spotify or your preferred podcast platform. You can also explore the full range of Ashurst podcasts at ashurstperkinscoie.com/en/podcasts/
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
The Employment Rights Act 2025 is the most transformative shift in UK employment law in a generation. For boards of organisations with UK employees, there’s a lot to get to grips with.
In this episode, host Will Chalk is joined by Ashurst colleagues Crowley Woodford and Ruth Buchanan to unpack what the Employment Rights Act means in practice.
Crowley certainly doesn’t sugarcoat the scale of the impact: “It's no exaggeration that the Employment Rights Act is probably the most fundamental change in employment rights since the Thatcher era”. With that in mind, this episode covers a lot of ground in a short space of time.
Crowley pinpoints the changes to unfair dismissal as hugely significant, and outlines two changes of particular note for boards. In particular, he says that boards should consider preparing themselves for greater litigation risks when terminating highly paid employees. And he suggests some steps to mitigate these risks.
The Act also presents new corporate obligations in relation to sexual harassment. Ruth highlights governance issues for boards, as the compliance bar rises for organisations: “Employers are going to have to take the steps that are going to be specified in the regulations, but also take all other preventative steps that are reasonable in the circumstances.” Ruth suggests steps such as conducting risk assessments, publishing relevant policies and plans, establishing reporting mechanisms, and ensuring robust, proper complaints-handling procedures, etc.
And the big changes don’t stop there!
In short: this episode is an absolute must-listen for directors of organisations with UK employees. It will be 20 minutes very well spent.
To listen to this and subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
To receive updates and alerts on the issues raised in this podcast mini-series, subscribe to Ashurst’s regular Governance and Compliance Updates.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. Please note that this episode was recorded before the King's Speech was delivered on 13 May 2026 which, contrary to all predictions, did not contain legislation to take forward disability end ethnicity pay gap reporting legislation.
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In this episode, Tony Damian and Amelia Morgan are joined by special guest Emma Rapaport, Co-Editor of the Australian Financial Review's famed (and feared) Street Talk column.
Emma reflects on Street Talk's reputation and influence in the Australian market, the unique role it plays, and the responsibility that comes with it.
She unpacks a day in the life of a Street Talk journalist - including how sources and stories are managed on a daily basis.
Finally, Emma offers some observations on where the market is at, some brights spots to keep an eye on and the importance of sentiment in driving market activity more generally.
Watch all of our episodes in the Ahead of the Deal series here. For more information about our global corporate practice, visit our Corporate and M&A page.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Setting (and delivering) a climate transition plan is about more than regulatory box-ticking or PR spin. Credible plans are fast becoming a key facilitator for any company seeking to raise capital. In this episode, we discuss what investors want and where companies could be falling short.
In this episode, host Will Chalk is joined by Ashurst colleague and climate transition expert Becky Clissmann, as well as special guest Jo Richardson from Anthropocene Fixed Income Institute, who helps investors to align their portfolios with climate and sustainability goals.
Drawing on a new report published by Ashurst with communications consultancy Radley Yeldar, the discussion highlights the disconnect between what some companies disclose in their transition plans – and what investors actually need.
Will, Becky and Jo highlight some of the stand-out attributes of a credible climate transition plan. They explain the importance of costing the decarbonisation roadmap and explain why fixed income investors are uniquely positioned to influence corporate behaviour. And they discuss why investors can spot greenwashing a mile away.
Will hits the nail on the head when he says, “transition plans have really moved beyond corporate virtue signalling and are increasingly important for companies seeking corporate finance.”
To listen to this and subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
To receive updates and alerts on the issues raised in this podcast mini-series, subscribe to Ashurst’s regular Governance and Compliance Updates.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Businesses around the globe are facing heightened risk exposure and cost pressures as geopolitical disruption and price volatility continues to rise. In this episode, we pinpoint what to watch out for and we suggest ways to minimise exposure and mitigate the impact of potential disputes.
The current geopolitical instability is creating a multitude of legal and compliance risks for businesses globally, most notably for those operating in – or financing – the construction, energy and infrastructure sectors. For this episode, we’ve assembled an expert team to highlight the key litigation and compliance risks arising from the conflict in the Middle East, and to share practical considerations and actions for in-house legal teams navigating these challenges.
It’s a timely discussion, given the confluence of force majeure notices, supply chain disruptions, tightening insurance and extreme weather in the Middle East region. We tackle the rise of opportunistic claims from contractors and subcontractors seeking to excuse pre-existing delays and performance failures to current events. We walk through the contractual and regulatory ramifications and the proactive steps companies can take now.
Conduct and decisions made during high-pressure environments can incur serious liability years later. So, we also consider the chief risks of financial crime that often spike during periods of military conflict and supply chain instability. And we address implications for M&A due diligence as well as the heightened scrutiny from banks over cross-border transactions.
To peel back the complexity and get to the heart of these issues, Ashurst’s Ruby Hamid is joined by colleagues Cameron Cuffe, Philip Chong and Neil Donovan.
Listen to this episode by searching “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. Find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Supply chain risk is nothing new for boards. What’s changed is the sheer speed and scale of this risk – and the board’s elevated accountability for it. In this episode, we look at why geopolitical scenario modelling is now core business planning.
Host Will Chalk is joined by Ashurst colleagues Nisha Sanghani, former FTSE 350 board member and Head of Ashurst Risk Advisory Middle East, and Neil Donovan, a partner in Ashurst’s dispute resolution practice in London.
In this timely episode, we look at how the geopolitical shocks are driving a fundamental rethink of how organisations map, monitor and manage their supply chains. In doing so, we help boards answer a kicker of a question: If the world changes tomorrow, how exposed is our organisation and how quickly can we respond?
Nisha explains why the most effective boards aren’t satisfied with assurance, they really challenge and interrogate supply chain resilience, asking: ‘How do we know it would hold up under stress?’
Neil navigates a wave of related legislation, from the UK Modern Slavery Act to the EU Corporate Sustainability Due Diligence Directive, noting that supply chain risks are not limited to modern slavery violations, and that companies in some jurisdictions can be pursued for failing to prevent bribery and corruption by third party agents, distributors and others within their supply chains. Enforcement may still be in its infancy, but Neil warns of reputational damage too. The court of public opinion moves faster than any regulator.
To listen to this and subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
To receive updates and alerts on the issues raised in this podcast mini-series, subscribe to Ashurst’s regular Governance and Compliance Updates.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ashurst’s Employment partner Jennie Mansfield (Australia) is joined by Employment partner colleagues Clarence Ding (Singapore), Muriel Pariente (France), and Dan Ornstein (United Kingdom) to examine the implications for boards when allegations of misconduct are made against C-suite leaders.
As well as sharing an overview of the regulatory environments in their respective jurisdictions, our expert panel explain the mechanics of scoping an investigation including governance, process, and substance considerations. There’s also discussion about the nuances and potential consequences of suspending those who are subject to investigations (different rules apply in different jurisdictions).
The second half of the podcast focuses on whistleblower confidentiality and how each jurisdiction approaches this. The panel discusses when anonymous testimony can be used in disciplinary proceedings, the conflicts of interest that arise when a senior executive controls the very whistleblowing process under which concerns are raised about them, and the phenomenon when an executive deploys whistleblower disclosures as a defensive tactic.
This episode is not for the faint of heart – but it’s compulsive and essential listening for board members.
To listen to this search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, Tony Damian and Amelia Morgan talk with John O'Sullivan (affectionately known in the market as "JO’S"), a well-known M&A practitioner, chairman and company director with decades of deal experience.
JO'S shares his insights on takeover approaches: how to navigate those critical first steps and the importance of good preparation.
He also reflects on the influence of institutional shareholders, offers some do's and don'ts for potential bidders, and, as an unabashed fan, provides his thoughts on the role of the Takeovers Panel.
Watch all of our episodes in the Ahead of the Deal series here. For more information about our global corporate practice, visit our Corporate and M&A page.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Six targets initiated either a private sale process, formal sale process or strategic review in the first quarter. We also saw shareholders pushing back on recommended deals. In the latest podcast, Harry, Maria and Jade unpick the reasons behind the uptick in target-led sale processes and the increase in defensive mandates.
The episode is intended to sit alongside, and complement, our quarterly publication which is available on our website. The publication looks at key highlights and market developments in the first quarter of 2026, as well as relevant legal and regulatory developments. The publication also includes tables summarising the key features of firm offer announcements made during the quarter.
To listen to this and to subscribe to future episodes in our Takeover Talks miniseries search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, Australian M&A partners Tony Damian and Amelia Morgan discuss pre-bid exclusivity and what target boards should be thinking about when granting exclusivity to a prospective bidder at the pre-bid stage.
They discuss the differences between 'hard' and 'soft' exclusivity, look at the current Takeovers Panel guidance and its background, and cover some recent examples in the market. View the video to learn more.
Watch all of our episodes in the Ahead of the Deal series here. For more information about our global corporate practice, visit our Corporate and M&A page.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, Tony Damian and Amelia Morgan meet with Alyssa Philips, Partner in the Ashurst Competition Team, to discuss how the new Australian merger clearance regime is functioning in practice.
What's been catching people out, how is the ACCC managing the volume of applications, and what changes might we expect to see in the future?
Watch all of our episodes in the Ahead of the Deal series here. For more information about our global corporate practice, visit our Corporate and M&A page.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Our continuing series takes an unflinching look at a vexed issue: how much water is required to keep the world’s data centres running. To illustrate this, we put the UK in the spotlight to consider the nation’s rules, regulations, and innovations designed to minimise water consumption in future.
In this episode, finance partner Ruth Harris tackles data centres’ water usage with real estate partners Alex Peace (in Australia) and Charlie Reid (in the UK). Together, the Ashurst colleagues reflect on current and forecast demands for water – and the responses from government, communities, investors, water companies and the industry itself.
In this revealing discussion, Charlie outlines the planning framework in the UK, where data centres have been designated critical national infrastructure which – on the surface – appears to create tension between the nation’s economic and environmental ambitions. He explains how environmental impact assessments are increasingly at the frontier of data centre development and notes a recent legal challenge centred on an inadequate water and energy consumption assessment.
However, the trio also discuss how modern facilities using circular water systems can consume dramatically less water than older data centres. They consider the need for standardised metrics to measure and report on facilities’ water usage effectiveness. And they consider how water companies could be part of the solution.
To listen to this and subscribe to future episodes about data centres, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To listen to a recent episode dedicated to water usage in Australian data centres visit this web page. To read Ashurst’s regular article series on data centres, visit this web page. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Europe’s back leverage market has swelled recently. In this episode we consider the limitations of the label “back leverage”, explain what it covers, why it matters, and where it’s headed. We also offer several practical pointers for structuring transactions effectively.
Back leverage in European real estate finance has grown rapidly. It attracts serious capital – but remains notoriously difficult to define. It goes by pseudonyms such as debt-to-debt or loan-on-loan but nothing quite captures what this market has become.
In this episode, Ashurst partner Ruth Harris is joined by special guest AJ Storton, a partner at Art Capital, to get into the nitty gritty and the bigger picture. They explain exactly what back leverage is and explain why “structured leverage” might be a more useful term.
They also discuss the motivations on each side of the trade (users and providers) and the documentation questions that determine how a transaction is actually structured. There’s also a handy summary of securitisation compliance obligations, and crucially – the “top 10” structural features that any party to these transactions needs to nail.
To listen to this search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode of Taxed Out, Tax Controversy Partners Vanja Podinic and Colin Little examine YTL and Newmont, the first major Federal Court tests of Division 855 and the principal asset test. Both cases reject the Commissioner’s push for an expansive, physical reading of “real property”, confirming instead that the definition turns on technical legal estates, statutory severance rules and the underlying rights actually held.
Vanja and Colin walk through the implications for investors disposing of infrastructure and mining interests, explaining why leases, transmission assets, plant and equipment, and mining tenements must all be analysed through a property-law lens rather than a physical-asset one. They also outline the Courts’ guidance on valuing synergistic asset bundles and allocating value between TARP and non-TARP assets.
The decisions highlight the need for meticulous evidence gathering, careful classification of rights, and interdisciplinary support from property, planning and infrastructure specialists. For investors, the message is clear: understanding the legal character of land-related rights is now essential to navigating Australian CGT rules.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Welcome to Ahead of the Deal.Each month, we explore the latest news and developments in M&A to help you stay Ahead of the Deal. We cover trends in M&A activity, topical deal issues and changes in the regulatory landscape.
In the first episode of our new series, Tony Damian and Amelia Morgan unpack the key findings from Ashurst's recently released M&A Deal Report 2026.
Tony and Amelia take a close look at deal flows, shifting deal structures and the role of private capital.
Watch all of our episodes in the Ahead of the Deal series here. For more information about our global corporate practice, visit our Corporate and M&A page.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
AI is nothing new but everything changed when ChatGPT landed. Now that agentic AI is moving at speed through every economy, it’s incumbent on boards to ensure their organisations can, if not outpace change, then at least try to keep up with it. In this episode, we trace AI’s trajectory – from leaps in technology to regulatory dilemmas – and we flag up issues and actions for directors.
In this episode of our UK Governance & Compliance mini-series, host Will Chalk is joined by two experts on AI governance, Ashurst’s Fiona Ghosh and Matt Worsfold. Drawing on Ashurst’s recent Board Priorities 2026, they peel back the layers of AI hype and market complexity to get to the heart of the matter: what do directors need to know and – most importantly – what do they need to do?
In less than 25 minutes, the trio explain the story so far (AI governance in the past three years) and confront today’s great challenge: ensuring frameworks are genuinely embedded and operationalised. They also discuss contrasting regulatory approaches (including mixed fortunes for the EU’s ambitious AI Act and the UK’s more light-touch approach) and the common thread across jurisdictions: uncertainty.
Our panel also gets practical – strongly recommending hands-on AI literacy for directors. As Fiona points out, "Until you are actually grappling with the topic yourself, you can't possibly understand some of the issues and some of the risks that are presented.”
The discussion also explores the changing remit of non-executive directors and the widening breadth of skills they now require to be effective in their roles. And our experts highlight relevant guidance available for directors who want to get on the front foot.
To listen to this and subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
To receive updates and alerts on the issues raised in this podcast mini-series, subscribe to Ashurst’s regular Governance and Compliance Updates.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
For many boards, the era of the passive shareholder register is over. So what should boards do when activists come knocking? Our latest episode suggests some answers.
In this episode of our UK Governance & Compliance, Board Priorities mini-series, we get a view of shareholder activism from two hemispheres. Host Will Chalk is joined by Ashurst colleagues Miriam Kleiner from Sydney and Harry Thimont from London.
Together they look beyond the attention-grabbing headlines and consider the underlying trends from Australia and the UK, including the hot button issues likely to raise the ire of activists and the common tactics they employ.
The episode includes pertinent issues that boards should have on their radar, including any perceived weakness an activist shareholder may seek to exploit (e.g. capital allocation, operational inefficiencies, governance weaknesses).
Throughout the episode, Harry emphasises board readiness including, “understanding which institutional investors may support management and which may be on the side of an activist is critical intelligence.”
Will cautions against the assumption that activism is always a case of “us against them” and Harry concurs, “Engaging in constructive discussions can result in an outcome which not only avoids a potentially prolonged and draining campaign, but also has genuine upsides for the company and its shareholders.”
While every campaign is different, having the right response infrastructure in place is always a good idea, as Miriam explains. “Establish the tone and approach to any conversations you're going to have. And really, if it's all managed properly, there should never be a surprise for the board because you're managing your register, you're constantly on top of it, you're constantly talking to shareholders.”
To listen to this and subscribe to future episodes in this governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
To receive updates and alerts on the issues raised in this podcast mini-series, subscribe to Ashurst’s regular Governance and Compliance updates.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
HM Revenue & Customs (HMRC) is better equipped and more determined than ever to address tax avoidance and evasion. In this episode, we explore what companies need to know when an enquiry notice arrives and how to respond transparently and promptly, without letting things spiral out of control.
Ashurst’s Neil Donovan and Sophie Suri are back for the first Corporate Crime & Investigations episode of 2026. This time, they are taking a look at HMRC's enquiry process and how this can lead to a period of investigation and external scrutiny for corporates. They also discuss the heightened detection risk from HMRC’s new whistleblower reward scheme.
Neil warns: "There's a risk this could very quickly spiral into a multi-agency investigation where you're fighting on various fronts and facing a whole spectrum in terms of liability risk." Sophie discusses how to respond to an enquiry notice. Among her practical suggestions, she emphasies the importance of taking advice early, understanding the limits on HMRC's powers, and strong record-keeping so that document requests can be handled efficiently.
To listen to this and subscribe to future episodes in the Corporate Crime & Investigatons mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts. And you can read about the 2026 global enforcement issues to watch out for in this Ashurst article.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode of Taxed Out, Vanja Podinic and Colin Little explore why data centre arrangements are attracting intensive and coordinated scrutiny across jurisdictions. They discuss the rise of whole-of-code reviews blending permenant establishment (PE), transfer pricing, intangible licensing and anti-avoidance, and how digitalised business models challenge traditional concepts like “fixed place of business”.
The conversation highlights the pressure points and divergent international approaches and practical takeaways. To hear future episodes of Taxed Out, subscribe via your preferred podcast platform or visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
The construction phase of wind projects can be fraught with time, cost and quality issues. In this episode, we speak with two industry insiders about some of the common pinch points in the construction of a wind project and explore steps that help minimise the likelihood of contractor/developer disputes occurring.
Ashurst Perkins Coie's Michael Weatherley is joined by two special guests to discuss construction risks in wind projects, including how they can best be anticipated and mitigated to avoid or manage disputes between developers and contractors. George Fisher is a senior contentious construction solicitor at SSE Renewables and Kia Hua Tan is a senior legal counsel at Seatrium Limited.
The trio considers the unique nuances and curve balls that can hamper wind projects, including tight margins and split procurements driving complex interface risks. As the discussion makes clear, careful and precise planning is required to allow for things like extreme weather, vessel availability and rising offshore logistics costs.
On cost volatility, both our guests stress the importance of clarity in fixed-price contracts and price escalation mechanisms to avoid surprises later on. They also flag quality issues across package boundaries, suggesting that these require detailed interface matrices and harmonised dispute provisions to avoid protracted blame games between contractors.
To listen to this and subscribe to future episodes in the Caught In The Crosswinds mini-series, search for “Ashurst Perkins Coie Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find the full range of Ashurst Perkins Coie podcasts at https://www.ashurstperkinscoie.com/en/podcasts/
For more content in this series visit the Caught in the Crosswinds page.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Cyber readiness is rocketing up the agenda for boards in 2026. We explore cyber readiness including new regulatory developments, trends in cyber threats, and practical defences against attacks.
In this episode of our UK Governance & Compliance mini-series, we explore cyber readiness as one of the top risk-related priorities for boards in 2026. We look at the sobering costs of large disruptions —noting the cause is often small-scale security lapses. We explore the changing cyber landscape including the UK’s expanding Cyber Resilience Bill and the shift to operational disruption as the primary threat. Plus, we provide practical guidance for boards.
Podcast host Will Chalk is joined by John Macpherson, an Ashurst risk advisory partner in Sydney. Also joining the conversation are London colleagues Rhiannon Webster, a partner in Ashurst’s digital economy transactions practice, who heads up the UK cyber response and data protection team, and Matt Worsfold, a partner in Ashurst’s risk advisory team.
To listen to this and subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
To receive updates and alerts on the issues raised in this podcast mini-series, subscribe to Ashurst’s regular Governance and Compliance Updates. Read more about the recent AGC Conference here. And read our latest update here about Narrative and Financial Reporting, and Economic Crime and Corporate Transparency.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this opening episode of Ashurst’s Taxed Out series, partners Vanja Podinic and Colin Little unpack the dominant Australian tax controversy themes from 2025 and what they signal for the year ahead. They explore the ATO’s whole-of-code approach, the escalation of scrutiny on financing and marketing hubs, related-party arrangements and private capital, and the continued interplay between transfer pricing, PE risk, intangibles and anti-avoidance.
Colin and Vanja break down the ATO’s FY25 settlement and certainty data, including the decline in APAs, the rise of bilateral agreements, and growing use of the Mutual Agreement Procedure. They also reflect on the landmark decisions that shaped 2025 from embedded royalties and anti-avoidance in PepsiCo and Hicks, to Division 855 disputes in YTL and Newmont, and the Bendel decision now before the High Court.
Finally they close with the 2026 cases to watch, including Bendel, Tabcorp, Coca-Cola and The Star, and share practical steps for taxpayers preparing for another active year of reviews, audits and litigation.
To follow the series, visit ashurst.com or search for Ashurst Legal Outlook on your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
2025 followed a year of unprecedented geo-political change. While the markets demonstrated resilience, global tensions, and ongoing conflicts in Europe and in the Middle East continued to have an impact. In the latest podcast the trio describes the trends they are seeing in the market and what to expect in 2026.
The episode is intended to sit alongside, and complement, our annual publication which is available on our website. The publication looks at key highlights and market developments in 2025 and give some predictions for 2026. The publication also covers the key legal and regulatory developments over the last quarter, and the tables summarising the key features of firm offer announcements throughout 2025 can be found at the end of the publication.
To listen to this and to subscribe to future episodes in our mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Following the Government's recent call for the CMA to help drive economic growth, what developments can we expect to see in UK merger control?
In this episode, hosted by Fiona Garside, Nigel Parr, Chris Eberhardt and Tom Punton reflect on the political context driving changes to the Competition and Markets Authority’s (CMA) approach to merger control. The discussion then looks at what the CMA's 4Ps framework means for merger control in practice, including faster timelines and greater engagement between the CMA and the merging parties.
The competition team also consider how the CMA’s approach to remedies is developing, including a greater willingness to consider behavioural commitments. To conclude, the team highlight key developments to watch out for in the year ahead, including key cases and the proposed reforms to the Phase 2 decision-making process.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Having dissected the latest round of company AGMs at the Ashurst Governance & Compliance (AGC) Conference, our experts regroup to pinpoint the trends that boards and execs should watch out for in 2026.
In the first 2026 episode of our UK Governance & Compliance mini-series, we reflect on the hot topics and key takeaways from company AGMs held across the UK in 2025. We cover a lot of ground in less than 20 minutes – from executive remuneration to shareholder engagement to sustainability reporting and beyond – explaining how companies are responding to the UK’s constantly shifting regulatory landscape.
Podcast host Will Chalk is joined by regular guest Becky Clissmann, sustainability counsel at Ashurst. Also on board are London colleagues John Papadakis, a senior counsel in Ashurst’s incentives practice and Maria McAlister, a senior associate in Ashurst’s corporate transactions practice who focuses on equity capital markets.
In conjunction with our AGM podcast above, our experts summarise key developments to be aware of when preparing for 2026 annual general meetings and compiling the narrative aspects of annual reports. To read the briefing click here.
To listen to this and subscribe to future episodes in our governance and compliance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
To receive updates and alerts on the issues raised in this podcast mini-series, subscribe to Ashurst’s regular Governance and Compliance Updates. Read more about the recent AGC Conference here, and read our latest AGC Update here.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
With more than 500 operational data centres, Germany could be described as the European capital of data centres. But it’s the fit-out and flexibility that will make or break Germany’s data centres aspirations. In this episode, we explore the market in detail and highlight the issues that investors need to know.
Ashurst’s Ruth Harris and Rebecca Clarke are joined by expert colleagues from Frankfurt and Munich to discuss Germany’s burgeoning data centres market. Together, they discuss funding and investment structures, the regulatory landscape, who the major players are, and challenges that could slow progress.
Derk Opitz kicks us off by outlining the current shape of the data centre market in Germany, and how realistic industry aspirations are in light of grid connection issues. Marina Arntzen says the M&A market is “highly active”, describes common investment models, and explains the kinds of data centre assets and platforms that are attracting attention from investors.
Derk also discusses where the capital is coming from (including the licencing requirements required for lenders and investors), and he explains how investment models are evolving. And Stefan Bruder points out who the major investors are and reveals what is driving these investments. This comprehensive discussion then rounds off with regulation and government intervention.
To listen to this and subscribe to future episodes about data centres, search for “Ashurst Legal
Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read Ashurst’s regular article series on data centres, visit this web page. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
This is the second instalment in in a two-part series. In episode 1, we discuss current examples of collaborations between traditional finance (TradFi) and digital natives (DeFi), and explore what the future likely holds.
In episode 2, we unpack the potential risks that come from these collaborations, and then discuss ways to mitigate and address those risks.
Ashurst’s Simon Williams returns and is joined by Meredith Fitzpatrick. As a former FBI Special Agent, and now Forensic Risk's Director of Cryptocurrency Investigations, Meredith brings unique insight into digital assets risk.
To listen to this episode and subscribe to future episodes, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify, or wherever you get your podcasts. To find out more about the full range of Ashurst podcasts, visit www.ashurst.com/podcasts.
For more Digital Assets thought leadership from Ashurst visit www.ashurst.com/digitalassets
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this first episode of Ashurst Perkins Coie’s Caught in the Crosswinds podcast series, disputes partner Michael Weatherley is joined by Siemens Gamesa’s Head of Legal for Offshore APAC, Igor Bylinin, and energy partner Peter Grayson to unpack why capacity reservation agreements and early works agreements now sit at the heart of major offshore wind projects.
They explore how developers and suppliers can secure scarce manufacturing slots, and progress critical path work years before a full turbine supply agreement is signed, while still preserving the flexibility needed for long, uncertain development cycles.
The discussion ranges across what “capacity reservation” should really mean in practice, how to balance exclusivity with rescheduling rights, and how good drafting can anticipate regulatory volatility, tariffs and shifting political winds without reopening the entire deal. The discussion also touches on the need for more balanced risk allocation across the value chain, the role of governments and subsidy regimes such as CFDs, and why collaboration between developers, suppliers and policymakers is key to avoiding disputes before they arise.
For more content in this series visit the Caught in the Crosswinds page. To listen to future Caught in the Crosswinds episodes, search for “Ashurst Perkins Coie Legal Outlook” and subscribe on Apple Podcasts, Spotify, or your favourite podcast player.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode of Ashurst’s Legal Outlook series on data centres, real estate partner Alexandra Peace speaks with Planning, Access and Environment partners Jane Hall (Melbourne) and Rebecca Dixon (Sydney) about why water is fast becoming as strategic as power for Australia’s data centre sector. They explore the current lack of an overarching national strategy, the state-based patchwork in Victoria and New South Wales, and the growing tension between data centre demand, community concerns about water security, and media scrutiny that often focuses on headline peak usage figures.
The discussion looks at how regulators and industry are responding, including Victoria’s push for a more coordinated policy approach, New South Wales’ use of state significant development pathways and a single metropolitan water authority, and what Australia can learn from international initiatives such as the Climate Neutral Data Centre Pact.
To keep up to date with the latest news and developments in M&A and corporate law subscribe to Ahead of the Deal our monthly Australian M&A briefing. And to listen to this and subscribe to future episodes of the Data Centre mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this first episode of a two-part series, Ashurst’s Simon Williams is joined by Thomas Hyun, Director of Cryptocurrency Compliance at Forensic Risk, to examine how collaborations between traditional finance (TradFi) and decentralised finance (DeFi) are moving from proof‑of‑concept to business as usual. They discuss current partnership models, compliance and regulatory considerations, and what to expect next. Their conclusion: it’s no longer ‘if’ but ‘when’ and ‘how’—and the pace is accelerating.
To listen to this episode and subscribe to future episodes, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or wherever you get your podcasts. To find out more about the full range of Ashurst podcasts, visit www.ashurst.com/podcasts.
New to digital assets? Read Ashurst’s Digital Assets 101 explainer: https://www.ashurst.com/en/insights/digital-assets-101/
For more Digital Asset thought leadership from Ashurst, visit www.ashurst.com/digitalassets
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
AI on the In-House Agenda
Rhiannon Webster is joined by Rebecca Seaman and Abby Kay, who are Legal Counsel in the Product and Technology Legal team at Sage.
Rebecca and Abby talk through their career journeys that have taken them from literature and languages degrees to leading legal support on AI strategy at a global tech company. They share how they made the leap into in-house legal work and what it's like advising on AI developments in real time.
They also discuss Sage’s work in helping to empower the next generation of women in tech, including initiatives like EmPowerCyber, which introduces school-age girls to careers in technology and cybersecurity.
To listen and subscribe to this Women in Tech mini-series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the final episode for 2025 in our Industrious Conversations series, Employment partners Talia Firth and Jane Harvey break down the wave of recent Fair Work Commission decisions on flexible work arrangements, and what they mean for Australian employers navigating changing work patterns.
They explain the strict technical rules under the Fair Work Act, why eligibility matters, and how cases like Collins, Sydney Water, and Naden show the real consequences of missing key steps in the process. They also explore the harder question of reasonable business grounds, including what the Westpac decision means for employers, why general statements about teamwork or culture may not be enough to refuse a flexible work request , and how long-standing remote work arrangements may shape the outcome.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
We are pleased to share our latest World@Work global employment podcast on some practical challenges relating to the rapid rise of AI in the workplace.
In this episode, we discuss several nations’ contrasting approaches to the regulation of AI. In particular, we shine a light on practical challenges for employers, including how they use AI in recruitment and how AI is used to monitor employee performance.
Ashurst’s Andreas Mauroschat hosts the podcast from Germany. He’s joined by his colleagues Ruth Buchanan in the UK, Trent Sebbens in Australia, and Clarence Ding in Singapore. Together, they discuss how their respective jurisdictions are seeking to strike a balance between fostering innovation, maximising productivity, and considering their workforces.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
France has ambitions to become Europe’s AI superpower, leveraging its highly decarbonised electricity grid and government backing to attract billions in data centre investment. In this episode, we explore the market in detail and flag up the issues that investors need to know.
Ashurst’s Ruth Harris is joined by a panel of Paris and London colleagues to explore France’s remarkable data centre momentum, in the wake of the latest Choose France Summit.
France’s energy mix (majority nuclear, backed by hydro and renewables) equips the nation for AI workloads that demand huge power consumption while maintaining net zero credentials. So together Rebecca Clark, Mark Barges, François Hellot, Nicolas Quoy and David Noblinski paint a picture of France’s tantalising data centre prospects.
The episode highlights France’s strategic advantages and current challenges in developing its data centres industry, including permit and consent processes that can drag out “in excess of 10 years”. There’s also discussion about key movers and shakers in the investment market and standout projects to watch, along with data sovereignty and cybersecurity, commercial lease protections, and the evolution from “single asset deals” to platform investment strategies.
To listen to this and subscribe to future episodes about data centres, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read Ashurst’s regular article series on data centres, visit this web page. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
After a run of firm offers in early Summer, the UK public M&A market softened in Q3. Alongside this there was a noticeable increase in lapsed or withdrawn bids. In the latest podcast, the duo unpicks the reasons behind this and whether there has been any fundamental shift in the Panel's approach to conditionality.
The episode is intended to sit alongside, and complement, our quarterly publication which is available on our website. The publication looks at key highlights and market developments in the second quarter, as well as relevant legal and regulatory developments. The publication also includes tables summarising the key features of firm offer announcements made during the quarter.
To listen to this and to subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Wrapping up this season of Data Bytes, we examine the expanded powers given to the Information Commissioner’s Office (ICO) and what this means for data protection investigations now and in the future.
Host Rhiannon Webster is joined by Ashurst colleagues Anthony Asindi and Tom Brookes to zoom in on an area of the Data (Use And Access) Act that some have overlooked – the changes to the investigatory powers of the UK’s data protection regulator.
The ICO (soon to be rebadged as The Information Commission) deals with a huge volume of complaints and data breach reports annually. Rhiannon, Anthony and Tom pinpoint three notable new powers that the ICO will soon have: to compel the production of documents, to require controllers or processors to provide a report on a specified matter, and to compel individuals to attend interviews and answer questions.
As well as outlining which powers are effective now and when the other powers are likely to come into force, the podcast covers restrictions on the powers including privilege and self-incrimination – with a notable exception being where individuals may be required to answer potentially self-incriminating questions if they relate to Data Protection Act breaches. Anthony notes that refusing to cooperate could become "an aggravating factor" leading to higher fines for the controller or processor.
Tom identifies the mandatory report power as a potential "game changer," shifting the investigative burden and costs to organisations while potentially allowing the ICO to investigate more cases.
Anthony offers some illuminating comparisons with the FCA’s powers under the Financial Services and Markets Act (while cautioning that we don’t know certain that the ICO will follow a similar approach). And Tom adds that the ICO should soon provide guidance on its new powers and the circumstances where those might be applied.
To listen to this – and all our previous Data Bytes episodes – search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, we lift the lid on a fascinating and fast-changing employment issue: the rise of online creators and social media influencers within the workforce, and the legal challenges this presents for employers.
Ashurst partners Trent Sebbens and Rebecca Cope explore the rise of online influencers within the workforce—and what this means for employers.
Millions of Australians spend hours on social media every week. And for some, the lines are blurring between personal online activity and professional obligations. In this episode, Trent and Rebecca provide some clarity for employers around issues like enforcement of confidentiality , invasions of privacy, and court-related risks.
As well as discussing landmark Australian, UK and US legal cases relating to employees and social media activity, Trent and Rebecca suggest prudent steps that employers can take (including training staff on expectations, identifying who among their workforce is a social media influencer, maintaining a robust social media policy, and more).
To listen to this and subscribe to future Industrious Conversations episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the penultimate episode of this season of Data Bytes, we look at how digital identity provisions will reshape the world as we know it. Physical ID cards may soon be a thing of the past, and that could have huge implications for society and businesses.
Host Rhiannon Webster is joined by Ashurst colleague Fiona Ghosh to explain how digital IDs are swiftly changing how we live and work. Together, they discuss how the Data (Use and Access) Act creates a regulatory framework for digital identity to operate under government oversight.
Rhiannon offers an overview of the Act’s provisions including the statutory trust framework, supplementary codes and a new register of digital verification service providers. She also discusses the profound security implications of digital ID and potential multi-regulation scenarios where financial services firms might have to report breaches to the Information Commissioner's Office (ICO), Financial Conduct Authority (FCA), Payment Systems Regulator (PSR) and the new Office for Digital Identity And Attributes.
Fiona points out that, “the main impact of digital ID will be the enablement for citizens to access services in multidisciplinary ways”. For example, citizens will be able to choose how to access their benefits or records – physically or electronically. And she raises questions around resilience when businesses move to the cloud and the level of expectation (and trust) that citizens now place in digital wallets and ID.To listen to this and subscribe to future Data Bytes episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Quantum leaps in technology, as well as rising cost pressures, are prompting many leaders to take a fresh look at how their organisations are structured and resourced. However, restructures and redeployment are notoriously tricky processes to manage well. In this episode, we reflect on lessons learned from the High Court’s recent Helensburgh Coal vs Bartley decision.
Ashurst Employment partners Peter McNulty and Julia Sutherland explain why and how Australia’s employment laws require a more nuanced approach to restructuring than in years gone by. Together, they tackle everything from redeployment and penalties for late payment of entitlements to contractor arrangements and employee consultation. They also discuss health and safety matters, including psychosocial risk, and they emphasise the importance of robust, documented plans.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Our globetrotting podcast mini-series pays a visit to India, to take in the data centre landscape there. In less than 25 minutes, we highlight the market dynamics, trends, policymaking, infrastructure, and incentives that investors need to be across in this fast-growing market.
There’s a lot of excitement around India’s data centre in market and with good reason. India already has around 1.2 gigawatts of live IT load capacity. In 2025 alone, the nation has already added roughly 250 megawatts and experts predict capacity will rise to 1.8 gigawatts by 2027, before reaching 4.5 - 5 gigawatts by 2030.
In this episode, podcast host Ruth Harris is joined by Ashurst colleague Kalpana Unadkat to explain what is driving India’s extraordinary surge in data demand, how the government is responding, the types of facilities being built, and who the movers and shakers are among investors. Along the way, Kalpana offers an assessment of how mature the market is, and picks out some notable joint ventures and occupiers. She also reflects on the trends that will shape data centre activity in the years ahead.
To listen to this and subscribe to future episodes about data centres, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read more about data centres, head to Ashurst's data centre insights hub. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, we explain how the Data (Use and Access) Act changes marketing practices and the use of cookies in the UK.
Host Rhiannon Webster is joined by Ashurst colleagues Nicolas Quoy and Shehana Cameron-Perera to discuss how the Data (Use and Access) Act 2025 amends Privacy and Electronic Communications Regulations (PECR) and changes marketing practices and uses of cookies.
Shehana provides a snapshot of the amendments to PECR and what these mean for marketing practices. She also runs through the list of what cookies are categorised in PECR as being "strictly necessary cookies” and explains that, for analytics and appearance cookies, there are additional exceptions from obtaining consent.
Nicolas draws some constructive comparisons between French and UK marketing and cookies practices and regulatory approaches and describes the EU’s enforcement approach which attracts substantially higher fines. Whilst the Data (Use and Access) Act appears to bring the UK in line with France from a cookie perspective, there are probably still differentiations across Europe which will require a country-by-country approach when looking at cookie compliance.
Rhiannon explains how the Data (Use and Access) Act has aligned enforcement powers under PECR to the UK GDPR, and how this might inform compliance efforts and impact the ICO's approach to fining, particularly for marketing infringements.
To listen to this and subscribe to future Data Bytes episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode we delve further into the UK’s Data (Use and Access) Act – this time exploring how the Act will impact organisations developing and deploying artificial intelligence (AI).
Ashurst partner Rhiannon Webster has assembled an expert team to unpack what the Data (Use and Access) Act means for AI, including data protection and IP-related matters. This includes Rhiannon’s Digital Economy team colleagues Will Barrow and Tom Brookes alongside Ashurst IP expert Aaron Cole.
Together, they explain what’s changed and what lies ahead for organisations developing and deploying AI. Aaron lays out the copyright policy options the government is weighing up in the coming months, and highlights pertinent court cases over how copyright protected materials are used by AI platforms.
Tom summarises data protection changes relating to automated decision-making and AI. He explains why this could prompt organisations to expand the way they use such AI tools, and what the impacts might be of rules splintering between the EU and UK. Tom also describes the more permissive environment for taking automated decisions using personal data, which has implications for HR and Finance leaders in particular.
To listen to this and subscribe to future Data Bytes episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode in our Industrious Conversations series, Partner Tamara Lutvey is joined by Mackenzie Small, Relationship Manager at the Australian Disability Network, to explore how organisations can better accommodate neurodivergent employees in workplace investigations.
Drawing on Mackenzie’s extensive experience in disability inclusion and workplace strategy, they unpack why traditional investigation models often overlook the needs of neurodivergent participants and what simple, practical steps employers can take to change that.
Tamara and Mackenzie discuss key issues like preparing participants for interviews, designing inclusive meeting environments and framing questions with clarity. The conversation also covers the importance of process flexibility and why offering adjustments should be standard practice for all participants.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode we take a closer look at how the UK’s new Data (Use and Access) Act will regulate non-personal data, in particular through the framework for smart data schemes.
Ashurst colleagues Rhiannon Webster and Dr Alexander Duisberg join the podcast from London and Munich respectively to discuss the Data (Use and Access) Act’s framework for smart data schemes.
“Smart data schemes are seen by the UK government as a way to increase competition and create greater opportunities for innovation, save time for consumers, reduce costs, and increase the quality of services,” explains Rhiannon. “They also look to improve the security of data sharing and increase the trust in data sharing mechanisms.”
Together, Alex and Rhiannon describe the contrasting approaches of UK and EU regulators and what can be learned from these. This includes a comparison of the key provisions and limitations of the UK’s Data (Use and Access) Act and the EU Data Act – from trade secrets and data usage to innovation and competition. And there’s discussion of what might be covered in secondary legislation in the UK and EU.
Alex also outlines how proactive EU companies have prepared themselves for September’s implementation, going beyond compliance to enhance data strategy and pursue new business opportunities.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this second episode of the series, Ashurst colleagues James Fletcher, Harry Thimont and Jade Jack review the year to date and the ongoing impact that geopolitics is having on the public markets.
There has been no lessening of the volatility which marked the start of the year but, where broader global M&A appears to have dropped off, there has been a flurry of UK public M&A. The trio describe the trends they are seeing in the market, recent publications by the Panel and what to expect for the rest of the year.
The episode is intended to sit alongside, and complement, our quarterly publication which is available on our website. The publication looks at key highlights and market developments in the second quarter, as well as relevant legal and regulatory developments. The publication also includes tables summarising the key features of firm offer announcements made during the quarter.
To listen to this and to subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
The UK government has launched three consultations to shape its new sustainability reporting framework, while a new private share trading platform 'PISCES' offers companies an alternative route to liquidity for private companies.
In the fifth episode of Ashurst’s Governance and Compliance mini-series, Will Chalk is joined by Becky Clissmann and Marianna Kennedy to unpack two major developments in the UK corporate environment, which includes a trio of new government consultations on sustainability reporting, and the introduction of ‘PISCES’ (Private Intermittent Securities and Capital Exchange System), a new trading facility for private company shares.
Becky breaks down what the three UK consultations mean in practice, including the move to adopt international sustainability standards (IFRS), potential new requirements around climate-related transition plans, and proposals for auditing sustainability disclosures. She outlines what companies can do now, including conducting gap analyses, checking scoping criteria, and preparing for eventual legislative changes.
Marianna explains how PISCES is set to open up liquidity options for private companies. She describes how the system works, who it applies to, and what the benefits are, including potential tax advantages and tighter control over trading.
The discussion also reflects on whether the UK is diverging from the EU in its approach to sustainability, how the PISCES regime fits into wider capital markets reform, and what all this means for boards, legal teams and company leadership in the months ahead.
To listen to this and to subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. And to follow these unfolding issues, subscribe to Ashurst’s regular Governance and Compliance Updates. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
The UK’s Data (Use and Access) Act is now law, and it brings targeted but important shifts in data protection, enforcement and digital regulation that every organisation needs to track.
In this brand new Legal Outlook series, DataBytes, Partner Rhiannon Webster is joined by Senior Associates Shehana Cameron-Perera and Tom Brookes to break down what’s in (and out) of the legislation, and why it matters. With Royal Assent now granted, this new law marks a shift in how UK organisations manage data compliance, privacy rights, and digital operations.
In this launch episode, they cover:
- The provisions that survived, and those that didn’t
- Changes to complaints, and individual rights
- Impacts on scientific research, data transfers, and legitimate interests
- Why this Act goes beyond privacy to touch AI, IP, and smart data schemes.
The team also outlines implementation timelines, regulatory guidance to watch for, and what steps organisations should start taking now.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
From Riyadh and Abu Dhabi to Dubai and Jeddah, the Middle East has emerged as a global hotspot for data centre development. In this episode, we assess the investment opportunities and highlight trends to watch out for.
In this episode, we bring together a panel of Ashurst experts with many years’ experience working in corporate transactions and technology in the Middle East. Together, they discuss where the data centre landscape is today—and where it’s heading tomorrow.
Host Ruth Harris is joined by Ashurst colleagues Simon Rahimzada and Vasi Papadopoulos who serve Ashurst’s Middle East practice across offices in Riyadh, Dubai, Abu Dhabi and Jeddah. Simon and Vasi paint a vivid picture of data centre growth in the region and what is fueling the surging demand. They also explain investment flows, emphasise the importance of government backing, and discuss how AI is changing the game.
Simon provides a snapshot of changing regulatory priorities, where ESG fits into the investment equation, which international and regional players are investing in the region, and how collaborations and joint ventures can accelerate speed to market. And Vasi adds that regional entities (e.g. Abu Dhabi Investment Authority, Saudi’s Public Investment Fund, etc) are diversifying into global markets, too.
The panel also pinpoints the challenges to watch out for in the Middle East region, including the need for the necessary infrastructure and environment to support data centres.
To listen to this and subscribe to future epsiodes about data centres, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read more about data centres, head to Ashurst's data centre insights hub. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode of Ashurst Legal Outlook, Employment partner Jennie Mansfield, is joined by Digital Economy partner Geoff McGrath, to unpack the introduction of a new statutory tort for serious invasions of privacy in Australia. This major legal development, effective from 11 June 2025, brings a new right of action for individuals and significant new compliance responsibilities for employers.
They explore key aspects of the tort, including:
• What qualifies as a “serious” invasion
• Employee surveillance and data monitoring
• The limits of employee consent
• Risks around third-party data sharing and AI use
Together, Jennie and Geoff outline how the new tort closes gaps left by the Privacy Act, particularly around employee records, and why employers need to rethink consent, transparency, and policy design. They also highlight proactive steps organisations can take now, such as revisiting employment contracts, reviewing privacy policies, and updating staff training to reduce exposure and meet this new legal standard.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
The past 18 months have seen major changes to the corporate criminal landscape in the UK and, with enforcement ramping up, companies need to act. In this episode, we recap the main changes, highlight some pressing compliance deadlines, and suggest how companies might best respond.
In the latest episode of our UK Governance & Compliance mini-series, our expert team reflects on the fast-evolving corporate criminal landscape in the UK, and what companies need to do about it.
Together, Ashurst colleagues Will Chalk, Ruby Hamid and Neil Donovan consider recent leadership changes in the UK’s enforcement authorities and the difference that will make in practice. As Ruby points out: “For companies, that means greater risk of conduct being identified, investigated and enforced.”
The trio discuss updated guidance for companies that self-report and cooperate with investigations into corporate fraud and the impact of the Economic Crime and Transparency Act which brings in a new criminal offence of failing to prevent fraud as well as expanding the scope of those who can expose companies to criminal liability.
With the landscape in such flux, this episode offers some timely analysis of companies’ risk exposure, and underlines the importance of culture, escalation and communication channels for employees to report concerns. Our experts also share the latest issues regarding supply chain risk.
To listen and to subscribe for future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To stay up to date with these unfolding issues, you can read Ashurst's latest Governance and Compliance Update.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
With its new carried interest regime offering a 50% tax rebate, Spain is making a bold play for private equity talent. Clearer rules, competitive rates, and a lifestyle that blends world-class cuisine, culture, and climate are turning heads, and portfolios, toward the Iberian Peninsula.
Could a move to Spain cut your carried interest tax bill in half, without the usual legal grey zones? What if your next bonus came with sunshine, sangria, and a 50% rebate from the Spanish tax authorities? This episode in the Tax Lyrical mini-series breaks down Spain’s new carried interest regime and asks whether a five-year holding period is a gateway to major savings or a hidden pitfall waiting to catch fund executives off guard.
To unpack Spain’s new carried interest regime, Ashurst’s Patricia Allen is joined by Javier Hernández Galante. Together, they explore the key requirements, tax benefits, and common pitfalls of the new framework, as well as how it compares to previous treatment under Spanish law. “The goal is to bring clarity where there was once uncertainty,” explains Javier, highlighting why Spain may now be a serious contender for fund executives looking to optimise both tax and lifestyle.
This is the latest episode in our mini-series on tackling tax issues and investment funds. To listen to this episode and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Many companies are adapting their governance and reporting processes in response to the UK’s new Cyber Governance Code of Practice. In this episode, we explain some of the main implications for board directors and in-house legal teams.
It’s often said that there are two types of companies: those that have been hacked and those that are going to be. With cyber threats constantly evolving and escalating, the Department of Science, Innovation and Technology this year issued the UK Cyber Governance Code of Practice.
For this latest episode of our UK Governance & Compliance mini-series, we’ve gathered a team of experts to answer the questions that directors and in-house legal teams are asking. These include: How does the code work in practice? What actions are required to comply with the Code? Where should directors start? What role should legal teams play in incident planning and response? What guidance is available? What part does training have to play? And, looking ahead, how likely is the Code to become a mandatory regulatory requirement?
Joining Ashurst’s Will Chalk to discuss these issues (and more) are Rhiannon Webster, Ashurst's UK head of data protection and cybersecurity, and Rachael Falk, a partner in Ashurst’s Risk Advisory team in Sydney, Australia.
To listen and subscribe to future episodes in our governance and compliance mini-series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode of Industrious Conversations, Ashurst Employment partners, Kathy Srdanovic and Jon Lovell, discuss the implications of the recent federal election for Australian employers in industrial relations. Together, they pinpoint the issues to watch out for including:
- Restraint of trade reforms
- Security of employment and enhanced safety net (NES) protections
- Bargaining;
- Long service leave changes; and
- AI in the workplace.
They discuss the likely changes to post-enmployment restraints, particularly non-compete clauses, the possible expansion of labour hire protections, the push towards preserving penalty rates, and increased protections in rostering and flexible work arrangements.
They also speculate on Australia’s prospects for forced bargaining, multi-employer bargaining, a universal long service leave scheme, and the regulation of artificial intelligence in the workplace. Along the way, they reflect on if and how the mooted changes might impact Australia’s lagging productivity.
To listen to this and subscribe to future episodes of Industrious Conversations, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the latest episode of our World@Work series, we discuss several nations’ contrasting approaches to workplace investigations relating to whistleblower reports and sexual harassment issues.
An expert panel from around the globe explains what is prompting the surge in internal investigations and how employers in various jurisdictions are rising to the challenges. Along the way, they discuss their nation’s approaches to employer liability, prevention, complaint handling
and allegations, timeframes, fines and compensation, plus other sensitivities and complexities of workplace investigations. It’s an illuminating summary that highlights trends and options of note to employers and HR teams everywhere.
Ashurst’s Kirsten Scott hosts this episode from Perth, Australia. She’s joined by Crowley Woodford in the UK, Andreas Mauroschat in Germany, Cristina Grande in Spain, Norman Ibnuaji in Indonesia and Jordan Cohen in France.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those developments referred to. Listeners should take legal advice before applying this information to specific issues or transactions.
See omnystudio.com/listener for privacy information.
With investor interest rising by the day, our latest podcast explores the data centre market in Spain. This wide-ranging discussion covers everything from finance structuring to lease agreements, and from zoning challenges to power connection issues.
When it comes to Spain’s data centres, how can domestic and overseas investors put themselves in pole position? Which financing options are most effective? How well do banks understand these assets? Where might the hidden obstacles be?
All these questions – and more – are tackled in this podcast discussion on Spain’s booming data centres market. Joining us from Madrid, Ashurst colleagues Ismael Fernández Antón and José Christian Bertram cover a lot of ground in under 20 minutes, mapping the financing landscape and describing the market’s intricacies. This episode is a must-listen for anyone considering deals in this growing asset class.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read more about data centres in Spain, read this article on the Ashurst website. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the wake of corporate scandals, Provision 29 of the UK Corporate Governance Code has been revamped with implications for risk management and internal controls in many UK companies. With new rules set to apply for financial periods beginning on or after 1 January 2026, this podcast looks at how companies can prepare.
In today’s episode Ashurst’s Will Chalk is joined by two people who were closely involved in industry consultations relating to the UK Corporate Governance Code; Ashurst risk expert Nisha Sanghani and ICAEW governance lead Peter van Veen. They consider what changes to Provision 29 will mean for regulated organisations in the UK.
The episode includes a summary of what the new requirements involve and a practical road map for compliance, covering areas of greatest urgency, likely judgment calls, and the possible impacts for assurance. The trio also debate whether the description “Sarbanes-Oxley via the back door” is an apt one for revised Provision 29.
To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this first episode of the series, Ashurst colleagues Tom Mercer, Harry Thimont and Jade Jack endeavour to unpick the year to date and the impact that geopolitical upheaval has had on the public markets. The tumultuous start to the year has seen significant market volatility and the trio describe how this has affected, and how they expect it will continue to affect, UK public M&A.
The episode is intended to sit alongside, and complement, our quarterly publication which is available on our website. The publication looks at key highlights and market developments in the first quarter, as well as relevant legal and regulatory developments. The publication also includes tables summarising the key features of firm offer announcements made during the quarter.
To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ashurst recently brought together key stakeholders from across the data centre ecosystem to explore the many opportunities and challenges in the industry. In this episode, we share the key takeaways about investing in and financing of data centres.
Experts at a recent Ashurst seminar dived deep into the funding issues associated with data centres. Among the participants were Ashurst’s Ruth Harris, Rebecca Clarke, Chris Grey, and Rhodri Lewis – and in today’s podcast they share the highlights and talking points.
On the investment side, the seminar discussed strong demand, low vacancy rates, and high barriers to entry due to construction costs, regulatory scrutiny, and power access. With major M&A activity already underway, several capital destinations were flagged up including the Nordics, Spain, Italy and Greece, and the importance of subsea cable access and geopolitical factors was emphasised.
From a financing perspective, the move towards longer term lender/sponsor partnerships was covered. Among several hot topics, the seminar explored the challenges of securing early-stage finance, structuring for future asset exits, and lifecycle capex planning amidst rapidly advancing technology. It was also noted that increased lender appetite raises the possibility of earlier involvement in projects and interest in more flexible finance options.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read more about data centres, head to Ashurst's data centre insights hub. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Players from across the data centre ecosystem gathered recently to debate everything from planning and power to investment and financing. In this episode, we report on the opportunities and challenges that were identified, and some of the solutions that were uncovered.
Ashurst’s recent Data Centre Seminar featured some of the brightest minds and latest innovations. Fresh from attending the event, Ashurst’s Ruth Harris and Rebecca Clarke reflect on the highlights and key takeaways in this podcast episode.
As Ruth and Rebecca explain, a wide variety of topics were covered in a short space of time at the Seminar. Discussions about planning and construction included practical tips for engaging with planning authorities and aligning data centre projects with local community benefits to accelerate project approvals. This was illustrated by expert guest Emma Williamson, who has worked extensively integrating data centres into urban regeneration schemes and harnessing their heat output for district energy networks.
Rebecca and Ruth also explain how data centres contribute to local job creation in the construction sector and beyond. They emphasise the value of smaller regional data centres, and they also ponder the power supply and sustainability issues that were flagged by industry leaders Tim O’Reilly and Edward Sargent.
All in all, it’s an episode that underscores how vital (and valuable) data centres will continue to be as AI and the digital world expand in the years to come.
To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read more about data centres, head to Ashurst's data centre insights hub. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
This episode marks the first in a new Ashurst series on Employment and Safety law developments in Australia. After collaborating on a landmark psychosocial risk court case, Ashurst partner Scarlet Reid and State Chambers barrister Bruce Hodgkinson AM SC reflect on what employers might learn.
Along the way, Scarlet and Bruce discusses the threshold for psychosocial harm and whether stress meets that test, the complexities of what constitutes “reasonable management action” and the importance of regularly updating employer policies. They also emphasise the value of training and instruction for line managers so that they can handle sensitive discussions in a way that is legally compliant, psychologically safe, and appropriate.
“There’s so much learning to come in this area,” Scarlet adds. “Guidance from courts will be very important as this area of the law continues to develop.”
To listen to this and subscribe to future episodes in this series search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, we report on the changes to the UK’s consumer law regime (made by the Digital Markets, Competition and Consumers Act 2024 (the DMCC Act). With enforcement action expected to ramp up in the UK, we consider how similar approaches have played out in Australia and Italy.
While consumer protection jurisdictions in Australia and Italy have seen strong and active enforcement, the enforcement powers in the UK were relatively weaker – until 6 April 2025, when the Competition & Markets Authority's new direct enforcement powers became active.
In this episode, Ashurst colleagues Fiona Garside and Chris Eberhardt explain how the UK’s new regime represents a major change to the way consumer law is enforced, including potentially significant penalties for breaches (up to a maximum of 10% of the company's global turnover) as well as redress requirements and other directions or remedies.
Joining Fiona and Chris are Gabriele Accardo and Melissa Fraser from Ashurst’s Milan and Sydney offices, respectively. Gabriele and Melissa explain how consumer protection enforcement works in Italy and Australia. They outline how prudent organisations approach compliance, including setting a culture from senior management downwards. And they share the regulatory priorities and trends that are shaping the agenda in their respective countries.
Together, the four colleagues reflect on what UK organisations can learn from their overseas counterparts.
To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
The UK’s Competition and Markets Authority (CMA) has begun SMS investigations under its new digital markets regime – with tech giants like Apple and Google already in its sights.
In this episode, we cast the spotlight on the CMA’s early investigations under the Digital Markets, Competition and Consumers Act 2024 (the DMCC Act). The UK’s new digital regime came into force in January this year, introducing widespread changes to competition law, the enforcement of consumer law and a regime regulating designated digital companies in the UK. Under the DMCC Act, the CMA has the power to designate companies with “strategic market status” (SMS),impose tailored conduct requirements, and make pro-competition interventions.
Together, Ashurst’s Fiona Garside, Chris Eberhardt and Isabella Hunt discuss the CMA’s first SMS investigations into Google’s search and advertising services, and Apple’s and Google’s mobile ecosystems.
The conversation highlights the activities under investigation, emphasises the importance of third-party input to shape regulatory outcomes, and draws comparisons with the EU’s Digital Markets Act. There’s also discussion of how the CMA’s “4 P’s framework” (pace, predictability, proportionality, and process) might apply and speculation about future investigations into the UK’s highly concentrated cloud services market.
To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
An expert panel explains how the corporate sustainability landscape is shifting and what directives in the first EU Omnibus package mean for non-EU business reporting.
In this first episode of this new mini-series, Ashurst colleagues Will Chalk and Becky Clissmann are joined by Falcon Windsor’s Claire Bodanis to explain the impact of the EU’s Omnibus package and how non-EU companies can best prepare for what’s coming.
Together, the trio describe the legislative landscape and where it’s headed, focusing on the Corporate Sustainability Reporting Directive (CSRD), Corporate Sustainability Due Diligence Directive (CS3D), and the EU Taxonomy. They highlight two amending directives from the EU Omnibus package which delay CSRD reporting and due diligence requirements.
This episode includes practical advice for companies to ascertain whether they remain within the scope of the CSRD. There's also discussion of how markets are reacting and whether or not the changes will simplify compliance and achieve genuine deregulation.
The episode also underlines the need for strategic preparation, ongoing monitoring of regulatory developments, and transparency in reporting.
To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, our special guest is Miles Bake, the former Head of Enforcement at the Bank of England and the Director of Governance at the FCA. In a fascinating discussion, he offers a glimpse into the inner workings of the UK’s financial services regulators.
Special guest Miles Bake shares his take on what makes financial services regulators tick. This is something he’s uniquely placed to do, having worked extensively in leadership roles at the Prudential Regulatory Authority (PRA) and at the Financial Conduct Authority (FCA).
In this episode, host Nathan Willmott and his Ashurst colleague Adam Jamieson ask Miles the burning questions that financial services firms often ask, including:
- Why have the financial services regulators increasingly leaned harder into enforcement in recent years?
- How do regulators determine which firms do and don’t get referred for investigations?
- In the absence of targets or metrics, how do regulators decide the appropriate level of enforcement?
- Since the Parliamentary Commission on Banking Standards, how successful has the senior managers regime been?
- How aligned or divergent are the FCA and PRA’s enforcement policies and actions?
- During investigations, how do regulators balance the need for transparency with firms’ reputational risks?
- When enforcement heads consider policy decisions, how do they determine when government consultation is required?
- Considering the FCA’s aim to promote competitiveness, how might enforcement policy be shaped by the government’s growth agenda?
To hear Miles tackle these questions (and to subscribe to future episodes in our enforcement mini-series) search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your preferred podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In a bid to root out harm before it occurs, the Financial Conduct Authority (FCA) is stepping up its use of intervention tools as an alternative to formal investigations.
In this episode, we explain some quite draconian FCA powers – ‘voluntary requirements’ (VREQs) and ‘own initiative requirements’ (OIREQs) – and how these are impacting financial services firms.
To tackle this thorny subject, we’ve gathered a crack team of specialists in financial services regulation. Host Nathan Willmott is joined by his Ashurst colleague Adam Jamieson and special guest Oliver Assersohn KC of XXIV Old Buildings.
Together, they unpack how these intervention powers allow the FCA to impose restrictions on firms without formal investigations, often pressuring them into compliance within tight deadlines. The trio explain the legal thresholds for these requirements, the increasing willingness of the FCA to test these boundaries, and how firms are responding.
As well as outlining the practicalities of negotiating with the FCA, our expert panel flags the risks for firms during interventions and the potential for challenging the requirements in the Upper Tribunal.
To hear this (and to subscribe to future episodes in season two of our enforcement mini-series) search for “Ashurst Legal Outlook” on Apple Podcasts,
Spotify, or your preferred podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
How effective have new Consumer Duty protections been since being introduced by the Financial Conduct Authority (FCA) in 2023? How have financial services firms responded? And what kind of enforcement risks should firms be concerned about?
Now that the dust has somewhat settled, this podcast looks at the impact of new consumer protections introduced by the FCA in 2023. For many financial services firms this has been a huge shift; requiring a fresh approach to regulation, governance, management information, and more.
In this episode, Ashurst colleagues Nathan Willmott, Jake Green and Adam Jamieson offer a balanced view of the relative highs and lows of the Consumer Duty so far. They discuss the FCA’s focus on vulnerable customers, analyse the regulator's communications explaining its expectations to firms, and reflect on the FCA’s broadly positive view of how firms have responded.
While acknowledging the administrative burden on firms, Adam and Jake agree that the Duty has had a positive cultural impact. And Nathan points out that the Duty is one way in which the FCA is using a broader toolkit to get firms to do what it wants them to do.
Our expert panel also point out some areas of concern (including hidden costs and the unpredictability of where enforcement may occur), and they highlight some of the FCA’s learning experiences to date. The trio discuss what “doing the right thing” means in practice and how much risk this carries for regulated firms. And finally, they suggest some modifications that the FCA could make to its approach, which would ensure the Consumer Duty has the most effective impact going forward.
To hear this (and to subscribe to future episodes in season two of our enforcement mini-series) search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your preferred podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, we pinpoint the business trends and legal issues that will shape the UK’s construction landscape in 2025. From challenges and risks to opportunities and innovations, our expert panel covers a range of ground.
Insolvency risk. Legislative developments. Labour shortages. Difficulties like these made 2024 a challenging year for many in the UK’s construction sector. So what can we expect in 2025?
In this episode, we tackle a number of topics. Ashurst colleagues Sadia McEvoy, Chris Whitehouse and Matt Pearson discuss the still-unfolding impacts of the Building Safety Act, the warning signs of construction insolvencies, the sector’s bid to meet net-zero targets, how modular construction might address productivity and labour issues, the legislative changes to watch, and the potential upside of more collaborative procurement strategies.
To hear this episode search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your preferred podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Last year, financial services firms were left reeling by the Financial Conduct Authority (FCA)'s transparency proposals (aka "naming and shaming" firms that are under investigation). Since then, the proposals have been amended by way of a second consultation. In today’s episode, we explain what’s changed, what’s been clarified, and what all this could mean for regulated firms and individuals.
In the latest episode of our continuing mini-series on financial services regulation, we explain the latest developments on the FCA’s controversial proposals on transparency and public announcements during investigations.
Host Nathan Willmott is joined by Ashurst colleagues Eleanor Robinson and Adam Jamieson to summarise what has changed in the draft transparency proposals; the most important being the change to the public interest test (which now states that the FCA must consider the impact on the firm of any announcement as part of the public interest test); and the increased period of notice that firms can expect of publication (from 1 business day to 10) . They also probe some of the case study examples provided by theFCA.
While the FCA anticipates there will be very few cases each year, Adam points out that this policy “might be enforced for decades and [FCA] strategy will change, cases will change, personnel at the FCA will change – all factors that could influence the number of investigations and therefore the impact of this type of policy”. And irrespective of how many firms are affected, Adam adds that “if you are one of the firms who does get named … it’s going to be your business [and reputation] that gets harmed”.
As well as discussing the implications for firms under investigation and what the new case studies do (and don’t) clarify, our expert panel reflects on the political heat this policy has generated and whether that could yet scupper the proposals before they comes into being. Following the current consultation period, the FCA intends to make a decision by the end of March 2025.
To hear this (and to subscribe to future episodes in season two of our enforcement mini-series) search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your preferred podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Explore the pivotal legal challenges and anticipate risk areas that are set to define the UK real estate disputes in 2025, from sustainability mandates to tenant insolvency and landmark legislative changes.
The UK real estate sector is poised for significant legal developments in 2025. Ashurst’s specialist real estate disputes lawyers Alison Hardy, Joe Perry-Courtade, and Debbie Eliad unpack the key legal issues, trends, and cases shaping the industry. From the push for net zero to the latest developments in tenant insolvency, this discussion provides insights to help stakeholders navigate an evolving landscape.
Episode talking points include:
• Net Zero Targets: The growing focus on energy-efficient retrofits and sustainability is driving disputes over stranded assets, demolition vs. retrofitting, and service charges for funding upgrades.
• The Building Safety Act: Key rulings like Triathlon Homes are reshaping landlord and developer obligations, with significant appeals expected in 2025.
• Service Charge Disputes: Cases such as Brewster House highlight the tension between landlord obligations and tenant liabilities for structural defects.
• Landlord and Tenant Act 1954 Consultation: Proposed reforms could dramatically alter security of tenure rights in the commercial leasehold market.
• Telecoms Code Challenges: Disputes over old agreements, leases, and renewal rights remain contentious, with key clarifications needed.
• Tenant Insolvency and Restructuring Plans: The Cineworld case showcases how restructuring plans are impacting landlords and tenants, with valuable lessons for proactive negotiation.
List of cases discussed:
· Triathlon Homes LLP -v- Stratford Village Development Partnership and others [2024] UKFTT 26 (PC)
· Adriatic Land 5 Limited -v- The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC)
· The London Borough of Tower Hamlets -v- Lessees of Brewster House and Malting House [2024] UKUT 193 (LC)
· AP Wireless -v- On Tower UK Limited [2024] UKUT 263 (LC)
· Gravesham Borough Council -v- On Tower UK Ltd [2024] UKUT 151 (LC)
· UK Commercial Property Finance Holdings Ltd -v- Cine-UK Ltd & Anor [2024] EWHC 2475 (Ch)
· Responding to the consultation on the Landlord and Tenant Act 1954.
To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, our expert panel weighs up potential changes to the way that the UK's Financial Ombudsman Service resolves customer complaints, with a view to clearing up uncertainty and creating a more consistent framework for firms to follow.
Our panel for this episode includes host Nathan Willmott, his Ashurst colleague Adam Jamieson and special guest Adam Temple, a barrister at 3 Verulam Buildings (3VB). Together, they reflect on the evolution of the Financial Ombudsman Service ,which was set up in 2001 to deal with consumer complaints and secure redress when things go wrong. As Adam Temple points out, two decades later “it is a quite different beast” from what was originally envisaged.
The episode then goes on to unpick some of the challenges that have beset the Ombudsman, the complainants and financial services firms. These include the increased volume of complaints, delays and complexity in the system, the notoriously tricky task of assessing what is “fair and reasonable”, and the difficulties that come with "mass redress events" (like PPI or the current issue of motor finance).
Attention then turns to possible solutions. Our expert panel starts by considering the most drastic option (e.g. dismantling the Financial Ombudsman Service completely) before suggesting more pragmatic improvements such as changing the "fair and reasonable" test that the Ombudsman is required to apply and giving the Financial Conduct Authority more power to intervene where appropriate.
To listen to this and subscribe to future episodes in our enforcement mini-series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the wake of the government’s recent infrastructure announcements, we pinpoint the legal issues to watch out for in real estate.
The coming year will see widespread activity in the UK’s real estate asset classes, from logistics to the living sector (in its broadest sense), and from data centres to office space. In this episode, we discuss the legal changes, risks and trends to keep on your radar.
Together, Ashurst’s Alison Murrin and Richard Vernon reflect on market sentiment, government plans to deliver 1.5 million homes and fast-track major infrastructure projects, and how key asset classes, legislative developments, and sustainability goals (e.g. energy efficiency, decarbonisation, etc) may evolve.
Episode talking points include:
· Logistics: Demand will be further fuelled by the shift to e-commerce and onshoring production, but hurdles will include site availability and housing pressure on brownfield sites.
· Living sector: Despite government support for build-to-rent schemes and funding initiatives, the UK’s chronic housing undersupply appears set to continue. And challenges such as retrofitting older homes will loom large.
· Data centres: Exponential growth will expose land and power shortages, alongside sustainability challenges, influenced by new EU energy reporting standards.
· Offices: Sustainability will separate prime-grade offices from outdated stock, with retrofitting lagging behind targets to meet net-zero ambitions.
· Legal hot topics: Proposed commonhold reforms, high street revitalisation efforts, biodiversity net gain mandates, the Renters’ Rights Bill abolishment of no-fault evictions, cladding safety, decarbonisation, and more.
To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Season 2 of our regulatory enforcement mini-series kicks off by considering what the 2025 priorities are (and should be) for the UK's Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA).
With a busy year ahead for the PRA and FCA, this episode highlights some of the issues and trends that financial services firms should watch out for. For this episode, host Nathan Willmott is joined by his Ashurst colleague Adam Jamieson and special guest Saima Hanif KC, a barrister at 3 Verulam Buildings (3VB).
Together, they discuss the Upper Tribunal’s packed caseload and the challenges for barristers and individuals seeking to argue these cases, including the impact of certain judges and the FCA's new strategy on disclosure. They also reflect on the FCA’s focus on speeding up investigations and streamlining its portfolio, consider how investigations are prioritised, and question whether or not it’s appropriate for the FCA to have a target for the proportion of investigations closed with no action.
The conversation also tackles the vexed issue of the FCA’s penality-setting framework and what might be learned from the PRA’s approach. And finally, our expert panel flags up other issues that will shape 2025, such as the FCA’s revised proposals for naming and shaming (to be revisited in detail in a future episode), the rules around non-financial misconduct, and the prospect of a first Consumer Duty case.
To listen to this and subscribe to future episodes in our enforcement mini-series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the seventh and final episode for 2024 of our Industrious Conversations series, Ashurst’s Ian Humphreys and Peter McNulty explain how Closing the Loopholes changes are shifting the enterprise bargaining landscape under the Fair Work Act.
Drawing on insights from Ashurst's soon to be released 2024 Bargaining Trends Survey, Ian and Peter cover key reforms to the bargaining process, including the increased power of unions to initiate bargaining, changes to the Better Off Overall Test (BOOT) and its impact on agreement approvals, and the introduction of the intractable bargaining regime, which allows the Fair Work Commission to intervene in deadlocked negotiations.
This episode also provides strategies for employers to adapt to this complex environment, emphasising the importance of thorough preparation and skilled negotiation.
To hear all episodes in the Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, we hear from employment lawyers in Australia, Singapore, Indonesia and the UK. Together they describe and compare the industrial relations landscapes in their respective countries – and reflect on what UK employers can learn from these.
Host Crowley Woodford reflects on the potential impacts of the UK’s long-awaited Employment Rights Bill, which is shaping up to be one of the most ambitious reforms to trade union rights since the 1980s. Crowley breaks down some of the main changes which pave the way for greater union involvement, and he pinpoints issues that UK employers should watch out for.
Peter McNulty offers his take on how Australian employers have responded to recent changes to the Fair Work Act, including the process and dynamics of bargaining for agreements. Karen Mitra describes Singapore’s uniquely non-adversial approach to union/employer relationships where strike action is rare, and explains new rights to union representation for gig workers. And Norman Ibnuaji shares perspectives from Indonesia, where unionisation is relatively high among workers and industrial action is more common.
To listen to this and previous epsiodes in our biannual World@Work series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ashurst Employment partners Stephen Woodbury and Tamara Lutvey discuss the expanded single-interest employer authorisation bargaining stream, also known as multi-employer bargaining.
Together, they explain how Fair Work Act amendments have broadened the criteria for multi-employer enterprise agreements, and they explain why uptake by unions has so far been low. The conversation delves into the Fair Work Commission's (FWC) criteria, such as ensuring a common interest among employers and the prohibition of coerced agreements, pointing to a recent case in the coal industry to illustrate how the FWC assesses these factors.
They also discuss the "rebuttable presumption" for larger employers, where the FWC assumes common interest unless proven otherwise. Lastly, they pinpoint challenges and defensive strategies employers can use to avoid involuntary inclusion in multi-employer authorisations (known as "roping in"), which could force employers into agreements without direct negotiation input.
To hear further episodes in our Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the fifth episode of our Industrious Conversations series, Ashurst’s Jane Harvey and Elissa Speight explain how Closing The Loophole changes are strengthening protections for workers who are not employees, and extending the scope of the Fair Work Commission to intervene in workforce matters.
As Jane and Elissa point out, the reforms impact independent contractor arrangements in several ways. Their conversation highlights changes relating to the classification of a worker as an employee or contractor, the introduction of a new unfair contract terms jurisdiction, and changes to the defences available where a sham contracting claim is made.
Jane and Elissa also outline how the changes may impact employers and suggest several practical ways employers can respond to these changes. This includes thoroughly reviewing contractor engagements, updating contract templates, training managers to mitigate the risk of misclassification under the new framework, and more.
To hear further episodes in Industrious Conversations, our series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Following Ashurst’s recent conference, three experts regroup to pick out the most pressing trends and risks stemming from class actions in the UK.
Jon Gale, partner at Ashurst’s Dispute Resolution practice in London, is joined by colleagues Tim West and Sarah-Jane Dobson to reflect on the highlights from the firm's recent class actions conference. Together, they discuss the evolving landscape of class actions including litigation funding, competition claims, and more.
The conference showcased an array of experts including clients, claimant law firms, barristers, and funders. One highlight was the keynote speech from Mr Justice Robin Knowles CBE, who stressed the essential role of class actions in the legal system and the permanence of commercial funding in such claims.
In the podcast, Tim stresses the importance of understanding class actions from a client’s perspective, emphasising that these cases (and the associated risks) often attract C-suite attention. He also discusses the rising prevalance of environmental, social, and governance (ESG) concerns, with potential class actions arising from the gaps between corporate promises and practices.
Sarah-Jane discusses the varied treatment of class actions across sectors, particularly in competition and product liability cases. She anticipates a further rise in class actions, especially in sectors like life sciences and consumer protection.
The trio also explore litigation funding, discussing the significance of external financial backing for large class actions and the impact of the Supreme Court’s recent PACCAR ruling on funding structures.
To hear more episodes on class actions and a range of other subjects, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this, the fourth instalment of Industrious Conversations, Ashurst’s Jennie Mansfield and Jon Lovell detail the impact of Australia’s "Closing the Loophole" industrial relations changes on corporate transactions, offering critical insights into the practical impact of these developments.
The discussion centres on the commercial challenges introduced by these changes, particularly in relation to due diligence processes, labour hire, casual employment, and independent contractor arrangements. Jennie and Jon explain how these reforms affect deal-making and due diligence, where uncertainty around labour costs and employment models can complicate transactions. They also stress the importance of assessing a company's governance and systems for managing compliance, highlighting the risks of non-compliance and the significant penalties that may arise. Jon notes, "If compliance issues are identified, it's essential to have a clear program and strategy in place for remedying the non-compliance within a reasonable period following completion."
To hear more episodes in Industrious Conversations, our series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the third episode of Industrious Conversations, Ashurst's Talia Firth and Scarlet Reid explain some notable changes to casual employment that stem from recent amendments to the Fair Work Act. These changes include the new definition of a "casual employee" under Section 15A of the Act, new requirements to issue a Casual Employment Information Statement (CEIS) during an employee's employment, and the new casual conversion provisions under the National Employment Standards.
Together, Talia and Scarlet explain how and why these changes came into being, and they discuss some of the subtleties that employers need to be aware of, including some upcoming milestones and deadlines. In conclusion, Scarlet emphasises: "Employers should make sure they understand the new definition of 'casual employee' and should carefully consider whether their casual arrangements meet this definition. Employers should also make sure that they have processes in place to make sure that casual employees receive the CEIS at the right times. And finally, employers need to be prepared to respond to notifications from casuals to change to permanent employment once the new employee choice pathway comes into play from 26 February 2025."
To hear more episodes in our Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ashurst’s Yann Alix is joined by Moroccan lawyer Gahlia Mokhtari and Brazilian lawyer Ana Carolina Calil to discuss the evolving hydrogen strategies, regulations, incentives, and major projects taking place in their respective countries.
With Brazil’s government getting behind hydrogen, Ana explains new legislation regulating the main guidelines on low carbon and green hydrogen public policy. She highlights opportunities for foreign investors including tax incentives, R&D activity and a solid legal framework – not to mention a sophisticated and attractive energy transmission market. She also flags some challenges to watch out for, including capex, technology and litigation risks.
Meanwhile, Ghalia zooms in on Morocco, which is seeking to become a regional hub for green hydrogen through substantial investments in renewable energy sources, notably solar and wind, to achieve energy independence. Ghalia describes Morocco’s evolving regulatory landscape and foreign investment incentives, as well as potential barriers and challenges.
To view Ashurst’s interactive global guide to investing in hydrogen, follow this link. You can subscribe and listen to more episodes of Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the second episode of Industrious Conversations, Employment Partners Julia Sutherland and James Hall discuss strategies for managing protected action ballot orders (PABOs) and protected industrial action (PIA) arising from recent amendments under the Secure Jobs, Better Pay Act.
"We're seeing that even though the legal changes are relatively minor, the practical implications for employers navigating industrial action are significant," notes James Hall during the episode.
- Key discussion points include:
- The introduction of section 448A conferences, where bargaining representatives must attend a Fair Work Commission meeting before voting on PABOs.
- Insights into early cases involving multi-employer agreements and PABOs.
- How employers can navigate the PABO process strategically and the importance of preparation.
For more insights into key developments in Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Imagine living in a country that offers you stunning landscapes, rich culture, delicious cuisine, and a generous tax regime. Sounds too good to be true, doesn't it? Well, not if you choose Italy as your destination.
Should a high-net-worth individual consider moving to Italy for tax reasons? How do the nation’s Flat Tax regime and Impatriate regime work? And why might company taxpayers also consider Italy? All these questions, and more, are answered in this episode of the Tax Lyrical podcast mini-series.
To evaluate the Italian tax regime, Ashurst’s Sophie Lloyd is joined by colleagues Michele Milanese and Federico Nobili. Together the three of them discuss the benefits, incentives and complications of investing in Italy, as well as the steps required to make your finances flourish. “Our advice is to have a clear understanding of the Italian tax law and the legal tools available to taxpayers,” emphasises Michele.
This is the latest episode in our mini-series of episodes tackling tax issues and investment funds. To listen to this episode and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
"We're all learning... new acronyms, new exceptions, how to apply these laws," remarks Employment Partner, Trent Sebbens in this debut episode of the team’s Industrious Conversations series. Trent and Employment partner Kathy Srdanovic delve into one of the most significant changes introduced by the Closing Loopholes reforms: Regulated Labour Hire Arrangement Orders (RLHAOs).
This new regime, part of the Fair Work Act, requires that labour hire workers are paid a Protected Rate of Pay (PROP), aligning their wages with those of directly employed workers. The reforms have already triggered considerable activity, particularly in industries like mining, transport and aviation.
In this episode you will hear expert guidance on:
- The key criteria for the making of a Regulated Labour Hire Arrangement Order
- Exceptions where services, not labour, are provided
- Early test cases setting the tone for future rulings.
To explore key developments in industrial relations in Australia, and to gain insights from other members of the Employment team, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions
See omnystudio.com/listener for privacy information.
As the frequency and complexity of workplace investigations rises, how can employers enhance their processes to mitigate investigation risk and safeguard their people? This episode considers the challenges of workplace investigations and how companies can respond.
Workplace investigations can take many forms and be triggered by many different issues. In this episode we look at how allegations of misconduct can arise (from whistleblowing to regulatory action and more), why these are on the increase, and the challenges of managing different processes simultaneously.
Together, Ashurst colleagues Neil Donovan, Ruby Hamid, and Hannah Martin discuss the increased scope of what is now considered misconduct, as well as the heightened expectations on employers to prevent misconduct from happening in the first place. The trio also reflect on the risks for employers that fail to take employees’ concerns seriously and they provide several practical pointers to enhance company policies and investigations.
To hear future episodes tackling corporate crime and investigations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transaction.
See omnystudio.com/listener for privacy information.
With cyber threats and investigations more prevalent than ever, our expert panel considers how companies can bolster defences, meet regulations, and respond to cyber-attacks.
Cyber threats come in ever-shifting shapes and forms, so how can companies keep pace? In this episode, we consider the legal and regulatory risks and discuss how best to prepare for, investigate, and respond to a cyber incident.
Together, Ashurst colleagues Neil Donovan, Julia Spain and Andris Ivanovs discuss the heightened expectations of UK financial regulators, and how this is shaping enforcement and investigations. They describe the features a robust cyber response plan, and they consider the legal ramifications of the often-complex arrangements that companies have with third parties.
To hear future episodes tackling corporate crime and investigations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Welcome to the final episode of our new podcast mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law.
In this episode of the series, trainee’s Khadija Patel and Nick Hwong bring a host of insights and tips to help those considering a career in commercial law navigate their way through the competitive world of legal training applications.
Nick and Khadija share practical takeaways that include how to craft an impressive application, tips on how to ace your interviews and general advice on the importance of preparing your application to stand out in the crowd.
"Preparation is key. Tailor your application to highlight your unique strengths, and approach every interview as an opportunity to showcase your genuine passion for law." - Khadija Patel.
Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.
For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Digital companies operate globally which means they need to carefully navigate the new EU and UK digital markets regimes. In this episode, we highlight some of the key similarities and differences between the two regimes.
In Europe and the UK, the regulatory landscape is shifting for Big Tech. In this episode, we compare and contrast the EU Digital Markets Act and the UK Digital Markets, Competition and Consumers Act – and highlight the implications for multinational tech giants and the broader digital economy.
To do so, we have assembled a crack team of legal experts including Rafael Baena from Ashurst’s Madrid office, and Fiona Garside, Chris Eberhardt and Hayden Dunnett from Ashurst’s London office. Together, they consider the thresholds for designating companies under the two regimes, as well as the differing timelines, obligations and guidance in each jurisdiction. Recent developments and ongoing enforcement action are also discussed.
To listen to our previous episodes on digital markets regulation, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or wherever you get your podcasts. And to ensure you don’t miss our future episodes, make sure you subscribe too.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
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Welcome to the third episode of our podcast mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law.
In this third episode of the series, final seat trainee Saba Nasrolahi share her insights and personal experiences applying the crucial skill of commercial awareness in both her application and early career work experience at Ashurst.
Saba shares her journey from studying law at King's College London to her decision to join Ashurst as a trainee. She details what commercial awareness is and why it’s essential for a career in law and provides practical tips on how to develop it organically. Saba provides actionable advice for aspiring trainees, emphasising the importance of following your interests, staying updated with industry developments, and continuously building your knowledge.
Along the way Saba shares personal anecdotes about applying commercial awareness in real-world scenarios, from the virtual execution process in banking transactions to navigating businesses through political disruptions.
"Commercial awareness is … not necessarily a knowledge and expertise of the ins and outs of each part of the law or each sector. It's about understanding how businesses work and what might be impacting businesses.”
Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.
For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Welcome to the next episode in our trainee mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law.
In this episode of our trainee miniseries, Junior Associates Aoife Weir and Divya Deivanayagam share their enriching experiences of international and client trainee secondments. Aoife and Divya explain the secondment process from their respective secondments, with Aoife working at BP in the gas and low carbon energy team, and Divya experiencing life in Ashurst’s Tokyo office. They discuss the application process, the support they received from Ashurst, and how these opportunities enhanced their professional growth.
Divya provides a glimpse into her international secondment in Tokyo, highlighting the cultural differences, increased responsibilities, and the logistical support provided by Ashurst, making the transition smooth and enriching. While Aoife recounts her client secondment at BP, and the development of her commercial awareness, the valuable relationships she built within the organisation, and the importance of timing and clarity of intent when applying for secondments.
"Timing is everything. If you know where you want to qualify and a secondment opportunity comes up, I would just say go for it. It's one of the best experiences I've taken on professionally to date." Aoife Weir.
Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.
For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
The Digital Markets, Competition and Consumers Act recently received Royal Assent. So what should businesses be doing to stay informed of the Act’s rollout as the Competition and Markets Authority begins its enforcement?
Fiona Garside, Chris Eberhardt, and Hayden Dunnett of Ashurst’s UK based Antitrust, Regulation and Foreign Investment Team delve into the three main pillars of the newly enacted Digital Markets, Competition and Consumers Act which promises significant regulatory changes. See our May 2024 update.
The team dissects how the new digital markets regime allows the Competition and Markets Authority (CMA) to designate firms with strategic market status (SMS), in order to impose bespoke conduct requirements and pro-competition intervention orders. The discussion highlights that the CMA's draft guidance leaves significant questions about how the CMA will exercise its broad powers, particularly in relation to conduct requirements and pro-competition interventions.
The team also consider the CMA's draft statement of policy on administrative penalties which proposes to apply an "in the round approach" to penalties for breaches of orders and undertakings following merger and market investigations. See our July 2024 update.
To listen to more Legal Outlook episodes, including past episodes of the Digital Markets Competition and Consumer Law Act, search for Ashurst Legal Outlook on Apple Podcasts, Spotify, or your wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Welcome to our brand-new podcast mini-series where Ashurst's trainees and junior associates share the influences and factors that have guided them on their career journeys.
In our debut episode trainee Tom Segev shares his journey to joining Ashurts’s trainee program, from studying history at the University of Warwick to working at a music label, Tom details his decision-making process between pursuing music law and commercial law, and along the way highlights how he navigated these choices.
Tom also details the importance of networking and how engaging with current trainees offered him invaluable insights into the culture at Ashurst, and shares his standout moments so far, reflecting on the significant responsibilities he was entrusted with early in his training, which have contributed to his rapid professional growth.
And his advice to future trainees? "Talk to people. Talk to as many people as you can. It's the best way to learn."
Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.
For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ashurst tax experts explore Labour’s new tax landscape following their recent UK election victory.
In the aftermath of Labour’s historic UK election victory, tax experts Patricia Allen, Alastair Ladkin and Sophie Lloyd shed light on some of the key tax measures likely to affect fund managers and when they are likely to be introduced during Labour’s 1st term in office.
Together the team discuss the need for non-domiciled individuals and fund managers to consider their personal circumstances and seek professional advice due to the potential tax changes which include replacing non-dom status with a new residence-based regime and taxing carried interest at income tax rates. There is a lack of detail surrounding these announcements, and therefore the discussion considers some of the possible ways these changes could be made.
This is the second episode in the Tax Lyrical mini-series tackling key tax issues. To listen to this episode and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
The latest episode of our mini-series on regulatory enforcement weighs up the pros and cons of the Senior Managers and Certification Regime – and pinpoints how to improve it.
In this podcast mini-series, we highlight new approaches from UK financial regulators and discuss what they might do differently to ensure that they act both fairly and effectively. For this episode, we delve into the Senior Managers and Certification Regime (SMCR).
Together, Ashurst colleagues Nathan Willmott, Lorraine Johnston and Adam Jamieson acknowledge the positive cultural impact that the regime has had within firms, including clearer accountability and more engagement from the top down.
The trio also unpicks some of the more challenging aspects of the regime, including the spread of requirements in both PRA and FCA Handbooks, the ‘one strike and you’re out’ approach which emanates from regulatory references, and the difficulty of measuring whether or not conduct has actually improved.
They also identify improvements to the SMCR that could clear up confusion, reduce unnecessary red tape, and make the regime more equitable. To listen to this episode – and previous episodes in this regulatory enforcement mini-series – search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
This episode answers many of the most pressing Pillar Two questions that investment fund managers are asking.
As investment fund managers grapple with the potential impacts of Pillar Two legislation, a select group of Ashurst’s tax experts have compiled this podcast to demystify the details.
Adnand Sulejmani offers a brief overview of the Pillar Two legislation, its original intent and how it is enforced in Luxembourg. He also explains how to determine whether an investment fund falls within the scope of Pillar Two, including potential exemptions that exist. Alexandra Clouté explores what implications Pillar Two has for widely held and closely held Luxembourg investment funds. She also emphasises that, whatever scenario a fund finds itself in, it’s vital that fund managers perform due diligence and verify the consolidation status with investors to ensure that there are no unforeseen issues.
Patricia Allen points out that Pillar Two is more likely to apply for single investor funds or segregated mandates, and Alastair Ladkin explains how fund managers are already responding, including: making investors aware of Pillar Two, sourcing information to determine how Pillar Two applies, and deciding how to treat Pillar Two costs.
This is the first in a mini-series of episodes tackling tax issues and investment funds. To listen to this episode and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
The latest episode of our mini-series on regulatory enforcement considers the impact of the UK Financial Conduct Authority’s new rules that seek to prevent greenwashing.
Failing to comply with the Financial Conduct Authority’s (FCA) new anti-greenwashing rules could have serious consequences for financial services firms in the UK. In this episode, we summarise the main changes and tackle the most pressing questions that firms are asking right now, including:
- Why have these changes been introduced and how do these add to the FCA’s enforcement arsenal?
- What areas do (and don’t) the rules cover?
- When will the rules come into force, how will they work in practice, and how might firms feel the impact of these?
- How does the FCA’s guidance clarify what is considered “clear, fair and not misleading”? And what difference could the changes make to firms’ marketing communications?
- How do the FCA’s changes impact firms’ ongoing compliance work in relation to climate-related financial disclosures?
- What further amendments could the FCA introduce to make the rules more effective?
Answering all these questions, and more, are Ashurst colleagues Nathan Willmott, Lorraine Johnson and Anna Varga. To listen to this – and previous episodes in this regulatory enforcement mini-series – search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In our continuing mini-series on regulatory enforcement of financial services firms, we pick out the issues and tackle the trends to watch - with this episode focusing on the UK Financial Ombudsman Service.
Welcome to our latest episode for financial services firms and their senior management. In this mini-series, we explore how regulators and authorities are conducting investigations and handling complaints, and we suggest what might be done differently to ensure the fairness and effectiveness of regulation.
In this episode, Ashurst colleagues Nathan Willmott, Adam Jamieson and Paul Ryan-Brown discuss issues and concerns around the management of Financial Ombudsman Service (FOS) complaints, including the prominence of aggressive claims management companies and the significant impact of certain high-profile FOS decisions, most notably in the motor finance sector.
“What we're seeing is the ability for FOS decisions to effectively reset regulatory standards,” says Paul. “So firms have to take into account FOS decisions in their own complaint handling process.” That’s easier said than done, given how unpredictable FOS decisions can be, but Adam, Nathan and Paul share some pointers to help firms anticipate where the FOS may stand on certain issues. The trio analyse how the current Ombudsman regime works in practice and consider how it could improve its resolution of financial services complaints and decision-making in future.
To make sure you don’t miss the next episodes in this mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the final part of our mini-series on regulatory enforcement, we reflect on how the Financial Conduct Authority is progressing under the stewardship of Therese Chambers and Steve Smart.
Welcome to episode three in our mini-series exploring new approaches from financial services regulators in the UK. In this final episode, we discuss the shift in enforcement strategies since new Therese Chambers and Steve Smart took the helm of the Financial Conduct Authority (FCA) last year.
Ashurst colleagues Nathan Willmott, Adam Jamieson and Andrew Sims reflect on the FCA’s more assertive approach, dubbed by Chambers as the ‘bad cop bad cop double act’.
While welcoming the regulator’s intention to speed up investigations and send strong signals to markets and consumers – Nathan, Adam and Andrew take a balanced view, acknowledging some of the downsides to the new approach too. They discuss the implications of the FCA’s focus on criminal actions and prosecutions (notably in the realm of investment fraud) and assess its ‘portfolio rebalancing’ exercise (reducing the backlog of cases and expediting the enforcement process). The conversation also covers the FCA’s targeting of areas like financial crime, market abuse, operational resilience, consumer duty enforcement action and technology.
To make sure you don’t miss the next episodes in this mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
A snapshot of how employers are managing and responding to cases of workplace sexual harassment in Singapore, Indonesia, France, Spain, Germany, the UK, Australia, and Eastern Europe.
Employers across the world are stepping up their efforts to prevent, manage and respond to cases of workplace sexual harassment. While the problem is widely acknowledged, individual nations are tackling this in different ways.
Employers need a clear understanding of their reporting obligations so, in this episode, legal experts based in eight countries explain the common and contrasting ways that governments, legislators and regulators are responding. And importantly, the panel explains how employers can take robust action to prevent, manage and respond to cases of sexual harassment.
The discussion demonstrates that it is not enough for organisations to only set up policies, procedures, and training. Employers also need to proactively manage risks and should consider measures such as appointing internal ‘champions’ to share information with employees. And when allegations do arise – thorough and proper investigations should be carried out.
To listen to this – and our previous World @ Work episodes – search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the second part of our mini-series on regulatory enforcement, we explain how the PRA’s Early Account Scheme works, and the factors firms should consider when deciding whether or not to participate.
Welcome to episode two in our mini-series exploring new approaches from financial services regulators in the UK. In this episode, we unpack details of the Early Account Scheme (EAS), which was introduced by the Prudential Regulatory Authority (PRA) in January 2024.
Together, Ashurst colleagues Nathan Willmott, Adam Jamieson and Laura Bell explain how the voluntary scheme enables firms to provide a narrative factual account of issues when a suspected breach is flagged for investigation. Having provided this, firms may later receive a 50% discount on their financial penalty.
Laura highlights some circumstances where the EAS won’t be available and Adam explains that individuals are unlikely to opt for the EAS. On the other hand, he says firms might follow the EAS path because it provides the opportunity to take control of the narrative and present the facts in a way that they think is fair and justified. The trio also point out some of the challenges that firms may encounter during the EAS process.
To make sure you don’t miss the next episodes in this mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the first of a new mini-series on regulatory enforcement, we tackle an issue that is prompting much debate in the UK financial services industry: the FCA’s proposal to begin publicly naming firms right at the outset of investigations.
This episode marks the beginning of a new mini-series exploring new approaches from the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA). In each episode, we explore concerns about how the regulators are conducting investigations and we suggest what they might do differently to ensure that they act both fairly and effectively.
In episode one, Ashurst colleagues Nathan Willmott, Adam Jamieson and Eleanor Robinson discuss the proposal for the FCA to name and shame firms at the start of investigations, focusing principally on the reactions of industry and politicians to its recent consultation. Together, the trio highlight some unintended consequences and repercussions if the FCA proceeds with this approach, including the potential undermining of consumer trust, along with the difficulties meeting its aspirations for transparency and accountability, and speculate on the likelihood of the FCA doing a u-turn on this aspect of its proposals.
The trio discuss the comments from the House of Lords Financial Services Regulation Committee and the FCA's arguments in response.
Nathan and Adam explore the FCA's motivations for proposing the "naming and shaming" policy and consider the arguments made around consumer protection. Eleanor comments that the FCA are "in between a rock and a hard place" in trying to navigate a position which offers politicians and the public the information on ongoing investigations which they frequently seek, whilst ensuring that the FCA does not put growth and competitiveness of UK at risk through being too transparent about who it is investigating. Adam comments, "I do think that there was a growing momentum around the time that this letter was published that actually perhaps the FCA may change their mind in relation to the proposal. Then when this landed, I think we've seen the press, lawyers, industry bodies all pushing quite hard in unison and believing, in fact, that the FCA may change its position."
To make sure you don’t miss the next episodes in this mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Insolvency adds an extra layer of complexity to disputes between construction companies and contractors. In this episode, we discuss how these may (or may not) be resolved through adjudication.
When insolvency strikes, the path to resolving conflicts between construction companies and contractors can be much harder to navigate. Adjudication is often seen as a relatively swift and inexpensive route towards resolution – but it does carry some limitations, uncertainty, and risks.
In this episode, Ashurst colleagues Tom Duncan, Dyfan Owen and Stefan Jammes provide a brief overview of adjudication by an insolvent party, and adjudication against an insolvent party. Dyfan explains the challenges posed by insolvency set-off provisions, which have raised doubts about the efficacy of adjudication for insolvent companies. And he discusses the landmark UK Supreme Court case, Bresco v Lonsdale (2020), which affirmed the right of insolvent companies to adjudicate disputes.
Stefan and Dyfan explore the grey areas that surround the enforcement of an adjudicator’s decision in favour of insolvent parties, highlighting the stringent requirements for adequate security and the limited circumstances under which enforcement may occur. They also discuss the feasibility of adjudicating against insolvent parties and reflect on the court’s considerations when lifting the Insolvency Act’s moratorium on legal proceedings. Stefan emphasises that a balance must be struck between creditors’ interests and the insolvency process’s integrity.
To make sure you don’t miss the next episodes in this mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Join us for the second episode of our series focusing on insolvency issues in the construction sector. Tom Duncan, partner in Ashurst's construction disputes team, leads a discussion on the challenges faced by downstream contractors and strategies for mitigating risks in today's turbulent market.
In this episode, Tom Duncan is joined by Ben Patton, a partner in Ashurst's construction team specialising in real estate development and investment, and Sadia McEvoy, counsel in the same team. Together, they delve into the complexities of downstream contractor insolvencies and the implications for employers and funders.
With the construction sector grappling with unprecedented challenges, including rising insolvency rates, escalating material prices, and a slowdown in public project delivery, navigating insolvency issues has become more critical than ever. Tom, Ben, and Sadia explore the underlying factors contributing to contractor insolvencies and provide valuable insights into mitigating risks in today's challenging environment.
From understanding the triggers for termination in construction contracts to exploring the nuances of step-in rights and performance guarantees, this episode offers practical guidance for stakeholders in the construction industry. Whether you're a developer, funder, or contractor, this discussion sheds light on effective strategies for safeguarding your interests amidst increasing insolvency risks.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode, we discuss the legal risks and commercial difficulties for construction contractors who supply services to a company that enters insolvency.
Geopolitical turmoil. Inflation. Brexit. A pandemic. Conditions were already complicated enough for contractors before the current spate of insolvencies among UK construction companies. In this episode, we explore the legal and commercial ramifications for contractors who supply services to companies that face insolvency.
Ashurst colleagues Tom Duncan, Ru-Woei Foong and Inga West discuss the meaning of “ipso facto” in an insolvency context and, in particular, UK laws which restrict a supplier of goods or services to a company from terminating supply when the company goes into insolvency. They also explain how and when a contractor can protect their position and pursue outstanding payments, and they discuss circumstances that could enable a supplier to terminate the contract.
The trio emphasise the importance of contractors engaging early with insolvency practitioners to clarify their position and weigh up their options. And they discuss the Building Safety Act and potential liability in relation to developers and their holding structures – a particularly acute challenge with older or more mature developments.
To make sure you don’t miss the next episodes in this mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the last episode of this mini-series, the team discuss what the greatest enforcement threats have been across the globe over the past 12 months and what is likely to be the emerging areas of risk corporates must look out for in 2024.
In this last installment in our Corporate Crime and Investigations Series, our international panel of experts, led by Ashurst host Ruby Hamid, dissected the most significant enforcement threats that have shaped the global corporate landscape over the past 12 months.
From the Netherlands, we heard from Marianne Bloos from the Dutch firm Houthoff, KS Shin brought insights from Korea, Tristan Bramble talks through the U.S experience while Dr Eleanor Robinson shares the UK perspective.
The discussion examines the key questions, including, the greatest enforcement threats for corporates worldwide. Expectations of authorities in various jurisdictions regarding corporates conducting their own internal investigations and self-reporting, and what enforcement risks should corporates be vigilant about as we venture into 2024?
Whether you were a compliance professional, legal expert, or simply interested in staying ahead of the curve in regards to corporate enforcement trends, this episode promises valuable insights, recent case studies, regulatory developments, and emerging trends to provide you with a comprehensive understanding of the global enforcement landscape.
To stay informed and catch-up on our corporate crime and investigations mini-series subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
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Ashurst colleagues Joe Perry-Courtade, Kim Clifford and Alison Hardy provide a snapshot of the trends that will shape the world of real estate disputes this year.
In this episode, we take you on a whistle stop tour of the real estate dispute issues that are set to dominate headlines in 2024. In just 13 minutes, Ashurst’s Joe Perry-Courtade, Kim Clifford and Alison Hardy cover everything from tenant insolvencies and development disputes, to commercial energy efficiency and upcoming reforms of the Landlord and Tenant Act.
The trio begin by discussing rising tenant insolvencies (notably in retail, accommodation, and food) before tackling development disputes and the challenges faced by the construction sector (exacerbated by supply chain issues and escalations in costs, interest rates and inflation).
Next, they discuss the mooted reforms of the Landlord and Tenant Act 1954, tackling issues such as security of tenure, notices, and renewal lease terms. The episode wraps up with commercial energy efficiency including the shifting compliance timelines and the risks of stranded assets for landlords who fall short of the new regulations.
To make sure you don’t miss any episodes of Ashurst Legal Outlook in 2024, subscribe on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Demystifying the fast-emerging technologies that are changing the face of corporate crime investigations.
It’s an exciting time to work in the field of corporate crime investigations and, more broadly, the disputes and contentious matters space. AI, machine learning, data analytics and other emerging technologies are turbo charging our ability to prevent, detect and investigate crime. However, these developments also present several risks and limitations that professionals in the field need to be alert to.
In this episode of our mini-series, an expert panel discusses how some of these emerging technologies are being applied in investigations, and how to mitigate the associated risks. Host Adam Jamieson, a partner in Ashurst’s Dispute Resolutions team, is joined by Charlotte Miller, Managing Director and Head of Financial Crime Digital at HSBC, along with Ashurst partner and Chief Digital Officer, Tara Waters, and Ashurst Risk Advisory partner and Data Analytics Lead, Matt Worsfold.
Together, the panel discusses current uses of generative AI, data security, data integrity, data visualisation, and more – then considers what to expect in the years ahead. Charlotte also explains HSBC’s supervised machine learning model that is taking transaction monitoring to the next level by replacing the use of fixed base binary rules with probability and propensity capabilities.
To follow this continuing mini-series about corporate crime and investigations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the second episode of this mini-series, we tackle sanctions risk – including the robust systems and controls that firms require, recent enforcement actions, guidance from regulators, and unfolding geopolitical issues to watch out for.
Hear an international expert panel share invaluable updates for compliance professionals and organisations seeking to mitigate the risks of a sanctions investigation.
Ashurst host Tom Cummins is joined by colleagues in Paris (Olivier Dorgans), Tokyo (Alexander Dmitrenko), and London (Sophie Law and Matt Russell). Together, the group outlines the systems and controls that firms require (including comprehensive risk assessments, considering different sanctions regimes, robust screening processes, and staying updated on guidance from regulators). They also highlight recent enforcement activities and the implications for systems, controls, and due diligence.
Read our article on the FCA review of sanctions systems and controls.
Geopolitical challenges are considered (such as those involving China, Israel and Russia), amidst heightened scrutiny over transactions in certain sectors and regions. And the panel concludes by looking ahead: discussing the prospects for enforcement and the growing importance of data-driven supervisory assessments and internal audits.
To follow this continuing mini-series about corporate crime and investigations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
With the UK set to introduce the most significant changes to corporate criminal liability laws for a generation, how can companies prepare?
Fraud is a hot topic currently. New technologies and an economic downturn have triggered a huge uptick in these criminal offences worldwide. With new UK legislation in the pipeline to bolster efforts to prevent (and prosecute) corporate fraud, companies are scrambling to prepare.
In this podcast episode, we look at the elevated responsibilities, liabilities, and risks for organisations – spanning controls, governance, frameworks, and more. Along the way, we highlight the issues that should be top of mind for various company leaders, including board chairs and directors, senior managers, chief risk officers, audit committees, and general counsels.
To tackle these issues, Ashurst’s Ruby Hamid is joined by an expert panel of colleagues including Nisha Sanghani, Neil Donovan, Matt Russell and Tom Mercer. This is the first episode in a continuing mini-series about corporate crime and investigations. To make sure you don’t miss future episodes, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ashurst colleagues Anna Morfey, Tim West and Max Strasberg look back on a significant year in the world of anti-trust and collective actions, including issues stemming from certification, post-certification and case management. They also consider what’s in store for 2024.
In 2023, a lot happened in a short space of time in the class actions landscape. In this episode, Ashurst’s expert panel summarises the most notable changes, trends, and cases – and highlight issues to watch out for in 2024.
The podcast reflects on an action-packed year for the UK’s Competition Appeal Tribunal (CAT), including significant developments in certification processes for class actions. The panel also discusses several cases stemming from post-certification issues and considers what this tells us about the CAT’s likely approach in future. And, of course, they cover the Supreme Court’s judgement in PACCAR, which was big news for the collective actions regime and litigation funding more broadly.
To listen to previous episodes in this class actions mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
This episode explores the developing legal frameworks in two emerging hydrogen markets, unveiling some of the issues and opportunities investors should watch out for.
Ashurst’s Yann Alix is joined by Amyn Mussa from Anjarwalla & Khanna (ALN Kenya) and Madina Hamidova from Centil Law Firm. Together, they discuss the hydrogen markets in Kenya and Uzbekistan. With many regulations still new and untested, it’s vital for foreign investors to stay informed on local legal developments.
Amyn describes the emerging landscape in Kenya, including the nation’s Green Hydrogen Strategy, which aims to leverage renewable energy for agricultural, manufacturing, and industrial purposes. He also highlights the main drivers and barriers to investment in Kenya, emphasising the well-established IPP model in the power sector and the importance of credit enhancement structures and robust government support.
Madina describes the growing market in Uzbekistan, and highlights some of the issues investors need to be mindful of. These include guarantees and incentives for foreign investors, government reforms, and moves towards privatisation.
To discover more on the international hydrogen market and opportunities, make sure to visit Ashurst’s interactive hydrogen guide at ashurst.com.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ashurst colleagues Alison Murrin and Richard Vernon pinpoint the legal trends and issues to watch out for in the UK’s real estate sector in 2024.
Landmark legislation. Regulatory reform. Energy efficiency policy. In this episode, we take you on a whistlestop tour of 2024 in just 20 minutes – picking out the issues that will dominate the headlines in the UK’s real estate sector.
Your tour guides are Ashurst’s Alison Murrin and Richard Vernon. Together they discuss a surprise shift in energy efficiency policy, the possible impacts of COP28, delays to the biodiversity net-gain target, rejected proposals on nutrient neutrality and the challenges of unlocking stalled developments. The legislative tour also takes in the Energy Act, the Leasehold and Freehold Reform Bill, the Renters Reform Bill, and the Levelling Up and Regeneration Act, before concluding with a look at the Building Safety Act.
To make sure you don’t miss any episodes of Ashurst Legal Outlook in 2024, subscribe on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
On Tuesday 5 December 2023, the UK's Digital Markets, Competition and Consumers Bill will be read in the House of Lords for a second time. In this podcast episode, Ashurst’s expert panel recaps the key reforms in the Bill and the major issues that arose during the committee stage and the Commons debates. They also pinpoint where the House of Lords is likely to pay particular attention.
Together, Ashurst's Fiona Garside, Christopher Eberhardt and Hayden Dunnett delve into the new digital markets regime and the hotly debated standard of review for CMA decisions about digital platforms.
The trio also reflects on changes to consumer law enforcement, including:
- Giving the CMA direct enforcement powers
- The ability to impose significant fines and require consumer redress; and
- The prospects for changes to substantive consumer law.
They explore other notable points from the Bill arising from recent enforcement and court decisions, including those affecting litigation funding, market investigation references and the motor fuel sector amendments.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Are you and your team prepared for the shifting dynamics of debt portfolio sales and trading?
As the specialty finance team at Ashurst has observed, there's a growing interest in debt purchase as an asset class. Various factors, including challenging economic conditions, rising delinquencies, capital pressures due to inflation, and a maturing market, have contributed to this trend. Companies are acquiring loan books at an accelerated pace, driving the need for liquidity to support their growth.
Debt portfolio sales and debt trading were also hot button topics to come out of the recent DealCatalyst Specialist Lending Conference and in this second episode of the series, Matt Pentecost, leader of the specialty finance practice at Ashurst, delves into the debt portfolio sales and debt trading world with fellow partner Mark Edwards.
In this episode, Matt and Mark explore the dynamics of the debt purchase market, the convergence of specialty finance and traditional loan portfolio markets, and the challenges posed by pricing, regulatory compliance, and documentation in debt purchase transactions. They shed light on the evolving landscape and discuss how businesses are navigating these complexities.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the third episode of this mini-series, we discuss how EU and UK regulators are seeking to strike a balance between competition law and sustainability agreements.
As legislators and regulators increase their focus on sustainability agreements and competition law, this podcast episode assesses the UK and EU landscapes.
To cover this evolving issue, Ashurst senior expertise lawyer Fiona Garside is joined by Irene Antypas from Ashurst’s Brussels office and Christopher Eberhardt from Ashurst’s London office. Together, they reflect on the challenge for authorities seeking to ensure that:
- Competition law doesn’t unduly stymy progress towards the UK and EU’s ambitious sustainability goals, and
- “Sustainability” isn’t used as a cover for anti-competitive agreements which do not genuinely promote sustainable progress.
The discussion covers (and contrasts) guidance from the European Commission and the UK Competition and Markets Authority. The guidance distinguishes between sustainability agreements that are unlikely to infringe competition law and those that may raise concerns. It also considers the criteria for obtaining an individual exemption from the prohibition on anti-competitive agreements.
To follow this continuing mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
This episode looks beyond the hyperbole to explain how litigation funding is (and isn’t) likely to be impacted by the recent PACCAR Supreme Court judgment.
Tim West, Partner in Ashurst's Dispute Resolution practice is joined by Anna Morfey, a Partner in Ashurst's competition litigation team and Rosie Ioannou, Director – Legal Assets at Fortress Investment Group.
While some are ringing alarm bells after the PACCAR judgment, this podcast provides more measured analysis. Tim, Anna and Rosie discuss the likely impacts on the litigation funding industry (which have been overstated in some quarters) and explain what it could mean for collective actions currently before the Competition Appeal Tribunal.
More broadly, Rosie calls for better understanding about the role of funding, its position in the market, and the positive impact it has.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Tim West and Jon Gale from Ashurst in London are joined Nick Mavrakis from Ashurst in Sydney, to discuss emerging trends and issues in Australia’s class action landscape.
With its mature class action regime, Australia is often seen as a harbinger of what’s to come in the UK. So, in this episode of our class action mini-series, we’ve invited Nick Mavrakis from Ashurst’s Sydney office to share the latest highlights and lowdown from Down Under.
Nick discusses the prevalence of shareholder class actions, pharmaceutical claims, product liability, and banking disputes. He emphasises the sophisticated plaintiff’s bar and profitable litigation funding environment that is, in part, driving these actions. Data breach claims are also more prominent, he says, in the wake of rising cyberattacks in Australia and overseas.
In conversation with Tim West and John Gale from Ashurst in London, Nick also discusses the pros and cons of different settlement strategies for class actions. And the trio explore the vexed issue of privacy, including the UK’s Supreme Court case involving Google and a more recent case again involving Google and its AI division, DeepMind.
To follow this continuing class actions series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the aftermath of the UK Supreme Court’s PACCAR judgement, Ashurst’s Matt Pentecost and Anna Morfey explain what this means for litigation funding.
In this, the first episode of our specialty finance mini-series, we shed light on litigation funding as an asset class and the challenges presented by the UK Supreme Court’s PACCAR judgement.
Ashurst’s Matt Pentecost and Anna Morfey explain the details and significance of the PACCAR case, including the difference between opt-out and opt-in class actions and the broader application of the Competition Appeal Tribunal regime beyond traditional competition claims.
The duo discuss the market’s response, with some agreements being redrafted to make the damages-based elements severable. They reflect on anticipated legislative changes and how the current uncertainty could impact structured finance transactions.
This episode is a precursor to the DealCatalyst Specialist Lending Conference in London on 16 November, which will delve into specialist finance, including litigation funding. To follow Ashurst’s continuing specialty finance podcast mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ashurst’s Tim West and Jon Gale are joined by crisis communications expert Simon Pugh, to discuss the PR risks of classes actions.
“Oh, I have lost my reputation! I have lost the immortal part of myself…” These words, uttered by the disgraced Cassio in Othello, illustrate that reputation is highly prized – and sorely missed when it is lost. This remains true today, 400+ years after Shakespeare’s Company was performing to audiences full of lawyers at the Inns Of Court in London.
In the latest episode of our class actions mini-series, we consider the reputational risks for companies caught up in class actions. Simon Pugh from Portland Communications explains the wider implications of such legal proceedings “which can be substantial from a financial point of view”, the importance of understanding what is driving claimants’ behaviour, and why class action PR and legal strategies need to work hand in hand.
To illustrate some of the reputational issues, Ashurst’s Jon Gale talks through some recent cases under the relatively new Competition Appeal Tribunal (CAT) regime. The role of litigation funders is also explored, as well as public perceptions and potential apathy toward compensation distribution.
Finally, the trio discuss emerging PR trends for class and group actions, including public interest litigation, the impact of parent company law, and the increasing importance of ESG-related cases.
To follow this continuing class actions series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions..
See omnystudio.com/listener for privacy information.
Ashurst’s Tim West, Tom Cummins and Martin Eimer discuss how companies can mitigate the risk of environmental, social and governance (ESG) class actions.
As the scope, disclosure, and scrutiny of corporate ESG outputs continues to grow, the risk of class actions is growing too. In this episode, legal experts from the UK and Germany explore how ESG claims can give rise to class actions – and what corporates can do about it.
Together, the guests explore some of the different kinds of ESG disputes that companies might encounter and what typically motivates or triggers class actions. They also explore how ESG class actions can come from many sources, such as investors, customers, or those affected by supply chain activities.
Tom Cummins and Martin Eimer compare notes on the UK and German experiences of ESG class actions and highlight the trends to watch for boards and risk committees. They also suggest practical steps that companies can take to mitigate ESG litigation risks.
To follow this continuing class actions series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
We are delighted to welcome you to this EU and UK Horizontal Guidelines podcast episode.Ashurst's Fiona Garside, a senior expertise lawyer in Ashurst's Antitrust, Regulation and Foreign Investment team is joined by senior associate Laura Carter and associate Jessica Bracker.
In this episode Fiona, Laura and Jessica discuss how the new EU and UK horizontal guidelines deal with different types of information exchange, why this is an area of interest to regulators and practical considerations.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the first episode of this mini-series on class actions, Ashurst’s Tim West, Jon Gale, and Anna Morfey set the scene by highlighting emerging trends and legal developments.
With class action risk rising up corporate agendas, we’re launching a new mini-series to explore the emerging risks and trends for business leaders to watch out for. We’ll speak with legal experts from across the globe to bring you fresh perspectives and analysis to help your organisation stay ahead of the curve.
Our mini-series kicks off in London, where three Ashurst lawyers explain the basics of class actions and their growing prominence. Tim West, Jon Gale and Anna Morfey reflect on the differences between UK, US and Australian class actions and the different ways to bring claims.
The trio also discuss the Competition Appeal Tribunal regime and some of the unique challenges for defendants, including potential for actions occurring
in multiple jurisdictions. And they emphasise the need for companies to proactively consider reputational risks posed by class actions.
To follow this continuing series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts. Future episodes will feature experts from the US, Australia, Germany and elsewhere exploring topics such as ESG, greenwashing, crisis management, and more.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
This is the first episode in our brand new miniseries on the new EU and UK horizontal guidelines. Senior Expertise Lawyer in Ashurst's Antitrust, Regulation and Foreign Investment team Fiona Garside is joined by Annick Vroninks, a partner in our Brussels office, and Michael Holzhäuser, a partner in our Frankfurt office.
The first episode in our new miniseries on EU and UK horizontal guidelines looks at the enforcement of the prohibition on anti-competitive agreements, focusing on recent enforcement trends and sectors that have been under scrutiny. The episode also provides a high level overview of the key changes to the horizontal block exemptions and guidelines, setting the scene for future episodes.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Rolling the dice
This is the fifth episode in our second Women in Tech mini-series.
In this mini-series, we share inspiring stories of women working at the intersection of innovation, law and technology.
In this episode, Denae Erasmus, Senior Associate, is joined by Rebecca Cope, Partner, both from the Digital Economy team at Ashurst.
In their discussion, Rebecca looks back on a winding career journey that has led to her current role as a partner at Ashurst. Rebecca talks about how keeping an open mind about the direction of her career path and spotting the opportunities that lead to her pivot from competition law to the tech start-up world and now to her partnership role in Ashurst's Digital Economy team. Rebecca also reflects on the rewards of working on mega digital infrastructure projects which impact the lives of millions of people every day.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Post-employment restraints, also known as 'restraints of trade', are clauses often contained in an employment contract that seek to prevent former employees from engaging in a range of competitive activities for a period of time after their employment ends.
This episode is part of Ashurst’s ongoing World@Work Global Employment series, which explores critical employment issues impacting global jurisdictions with unique perspectives from Ashurst Employment law experts.
In this episode, Employment partner Jennie Mansfield hosts a discussion about developments affecting post-employment restraints with colleagues across the globe, touching on issues like limits on the length of prohibitions in the UK and Spain and their impact on leaver clauses in stock option plans in Germany.
Jennie is joined by Crowley Woodford, partner from London, Andreas Mauroschat, partner from Frankfurt, Cristina Grande, Counsel from Madrid and Muriel Pariente, partner from Paris.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
One step at a time: The path that led me to tech
This is the fourth podcast in our second Women in Tech mini-series.
In this mini-series, we share inspiring stories of women working at the intersection of innovation, law and technology.
In this episode, Ashurst Corporate and Digital Economy Associate, Jessica Leung is joined by Lucy Spencer, Lead Counsel in the Network Infrastructure team at Meta.
In their discussion, Lucy shares how her legal career has evolved over the years, how she entered the Digital Economy industry with Ashurst and her switch to becoming an in-house counsel with the Meta legal team in Singapore.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Female lawyers on pursuing growth, trailblazers and celebrating the small wins
This is the third episode in our second Women in Tech mini-series.
In this mini-series, we share inspiring stories of women working at the intersection of innovation, law and technology.
In this episode, Ashurst Digital Economy Counsel Dora Guslitser is joined by Maria Marinelli, General Counsel at Bupa Asia Pacific.
In their discussion, Maria talks about her transition from private practice to in-house counsel and reflects on the skills she's picked up along the way. Maria also reflects on the barriers she’s faced (and overcome), the importance of pursuing growth and the trailblazers who paved the way for her to succeed. She also talks about the importance of celebrating the small wins and shares some career advice for junior lawyers.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should seek legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Technology x Finance
This is the second episode in our second Women in Tech mini-series.
In this mini-series, we share inspiring stories of women working at the intersection of innovation, law and technology.
In this episode, Ashurst Digital Economy Junior Associate Emily Jones is joined by Sarah Woodland, Managing Director, and Sophie Last, Vice President of the Consumer and Digital Finance Legal Division at Goldman Sachs.
In their discussion, Sarah and Sophie reflect upon their careers to date, the things that led them to a career in FinTech and Finance, and they share the advice they'd give to young women in law interested in pursuing a career in FinTech.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this podcast, the topic reviewed is Sanctions, Investigations and Enforcement.
Tom Cummins, a partner in Ashurst's dispute resolution practice, is joined by colleagues Sophie Law, Olivier Dorgans and Alexander Dmitrenko.
In this episode, Tom, Sophie, Olivier and Alexander discuss dealing with sanctions, how investigations start and sanctions enforcement across the UK, EU and US.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Technology x Health x Data: Empowering Women
This is the first podcast in our second Women in Tech mini-series.
In this mini-series, we share inspiring stories of women working at the intersection of innovation, law and technology.
In this episode, Ashurst Digital Economy Partner Rhiannon Webster is joined by Sue Khan, Vice President of Privacy and Data Protection Officer at Flo Health.
In their discussion, Sue talks about her role in a company whose mission is to use data and technology to empower women when it comes to understand and take charge of their health.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should seek legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ruby Hamid, partner and co-lead of Ashurst's Global Corporate Crime team is joined by Nathan Willmott, a partner in Ashurst's dispute resolution team and Liz Parkin, a senior associate in Ashurst's employment practice.
Ruby, Nathan and Liz discuss and explore the global trends and developments in whistleblowing.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions
See omnystudio.com/listener for privacy information.
Neil Donovan, senior associate in Ashurst's global corporate crime team, is joined by Adam Jamieson, a partner in Ashurst's dispute resolution practice based in London and Matt Russell, a partner in Ashurst's Risk Advisory business, specialising in financial crime compliance.
In this episode, Neil, Adam and Matt look forward and discuss how seriously firms should be taking Anti-Money Laundering risk and the themes they are seeing in 2023
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ruby Hamid, co-lead in Ashurst's global corporate crime team is joined by Richard Bulmore, a partner in Ashurst's restructuring and insolvency practice based in London, Alexander Dmitrenko, Ashurst's corporate crime and investigations lead in Asia, Sophie Law, an investigations and litigation expert based in London and Olivier Dorgans, a partner in Ashurst's Dispute Resolution practice based in Paris.
In this episode Ruby, Richard, Alexander, Sophie and Olivier look forward and discuss the triggers they think they'll be seeing in 2023 and what macroeconomic trends will be involved.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Nathan Willmott, co-lead in Ashurst's global investigations team is joined by Adam Jamieson, a partner in Ashurst's dispute resolution practice based in London, Julia Sutherland, a partner in Ashurst's employment practice based in Perth and Matt Worsfold, a Partner in Ashurst's Risk Advisory practice.
In this episode Nathan, Adam, Julia and Matt discuss what comes after an investigation, the outcomes, remediation and follow on risks. They also touch upon the lessons that can be learned from investigations.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Fiona Garside, a Senior Expertise Lawyer in Ashurst's Antitrust, Foreign Investment and Regulation team, is joined by partners Christophe Lemaire and Donald Slater.
Subsidies granted by EU Member are already subject to EU State aid control, but there have been concerns about the impact of foreign subsidies on the internal market.
Fiona, Christophe and Donald discuss the anticipated impact of the FSR and potential challenges and opportunities in its application.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ruby Hamid, co-lead in Ashurst's global corporate crime team is joined by Tom Mercer, Duncan Liddell, Ruth Buchanan and Matt Russell, partners in Ashurst's corporate, competition, employment practices and Ashurst's Risk Advisory practice.
In this episode, Ruby, Tom, Duncan, Ruth and Matt discuss the triggers they have seen in 2022 and how clients can manage investigation risk.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
The 2022 World Health Organization's World Mental Health Report states that about one in eight people in the world live with a mental disorder, and globally an estimated 12 billion working days are lost every year to depression and anxiety at a cost of $1 trillion per year in lost productivity.
These statistics present an overwhelming business case for minimising mental health situations arising in the workplace because of their substantial impact on business operations.
Crowley Woodford, Head of Ashurst's European Employment practice is joined by Scarlet Reid, an Employment partner in Australia who specialises in Health and safety, and Eleanor Reeves, a partner who leads the Ashurst's Health and Safety practice in London.
Key takeaways for employers include taking practical steps to mitigate employment and work health and safety claims. Managers should be trained to recognise and address mental health issues and not ignore warning signs. Regular and comprehensive risk assessments should focus on psychological risks, and measures should be taken to mitigate those risks. Engaging with the workforce on work-related stress and listening to their concerns can lead to an action plan to address these issues. Companies can also normalise conversations about mental health and use the ISO 45003 framework to integrate good management practices that can increase resilience, retention, productivity, and reduce sickness absence and claims.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this episode of our World@Work mini-series, we compare recent legal reforms in Spain, the UK and Australia – all aimed at tackling the issue of workplace sexual harassment.
Cristina Grande explains the Spanish crackdown, by criminalising certain workplace harassment and discrimination. As legal entities, employers can be held liable if certain incidents occur within the organisation in Spain. Cristina explains the real and potential consequences of this, as well as the harassment prevention measures that proactive employers are now taking. Raquel Mendieta also outlines how new Spanish laws could impact employers and employees.
Liz Parkin and Tamara Lutvey reflect on the similarities between the approaches in the UK and Australia, where workplace sexual harassment is not criminalised. Liz explains the shifting legislative landscape in the UK, where the focus has been on workplace health and safety. Meanwhile, Tamara highlights Australia’s focus on giving victims of workplace sexual harassment as much choice as possible in how they wish to report, address and/or prosecute the issue.
Regardless of how legislators respond to workplace sexual harassment, one conclusion is inescapable: all employers globally need to maintain a positive workplace culture that promotes gender equality. This, in turn, reduces the risk of sexual harassment, and other harassment, discrimination and bullying.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ruth Buchanan, employment eartner in Ashurst’s London office is joined by James Comber, a contentious regulatory partner in Hong Kong, Dr Andreas Mauroschat, partner and head of employment, IT, data protection and compliance practice in the Frankfurt office, Rhiannon Webster, head of Ashursts data protection practice in London and Karen Mitra, who leads the Asian employment practice out of the Singapore office.
This episode takes a deep dive into the employment, privacy and financial regulation issues which employers should consider when they want to know how to access employees' personal devices, for example, to access data from WhatsApp or similar messaging services.
Key takeaways include employers incorporating a clause into employment contracts, explaining that the organisation may undertake personal phone monitoring as a deterrent or to ensure that it can comply with regulatory obligations regarding record keeping. Considering whether in-house resources can undertake checks of personal devices and how that would align with legitimate concerns from employees regarding the issue of holding their sensitive data. And finally to ensure a line in the sand is drawn in relation to the use of personal devices for work-related activities.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Fiona Garside, a Senior Expertise Lawyer in Ashurst's Antitrust, Foreign Investment and Regulation team, is joined by partners Esther Kelly and Rafael Baena and Gabriele Accardo, Counsel.
The DMA was formally adopted by the European Parliament and Council in July 2022. Unlike traditional antitrust enforcement under EU law, the DMA contains forward looking rules to regulate Big Tech.
Fiona, Esther, Rafael and Gabriele discuss the anticipated impact of the Digital Markets Act and potential challenges and opportunities in its application.
See omnystudio.com/listener for privacy information.
Fiona Garside, a Senior Expertise Lawyer in Ashurst's Antitrust, Foreign Investment and Regulation team, is joined by partners Esther Kelly and Neil Cuninghame.
Regulatory review of deals has become increasingly complex in the last few years and that looks set to continue in 2023.
The trio discuss the interaction between merger control review and foreign direct investment control, increasing flexibility for regulators to review deals that do not meet clear cut thresholds, and the impact of international co-operation and regulatory reform on deals in 2023.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Fiona Garside, a Senior Expertise Lawyer in Ashurst's Antitrust, Foreign Investment and Regulation team, is joined by Anna Morfey, Partner, and Senior Associate Max Strasberg.
The trio discuss the significant increase in the number of class actions being filed in the UK, key developments from 2022 relating to certification of claims and what we are anticipating for 2023.
This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Join Alison Hardy, Chloe Meredith and Kim Clifford as they look back on their 2022 predictions and what to expect in 2023.
Alison Hardy, a partner leading Ashurst's real estate dispute team, is joined by senior associates Chloe Meredith, and Kim Clifford in the team to discuss a range of topics including covid rent arrears, tenant insolvency, dilapidations claims, energy efficiency standards and restrictive covenants.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
We are delighted to welcome you to episode 6 of our Mobile Workforces podcast mini-series.
Ruth Buchanan, Partner in Ashurst's Employment team and Liz Parkin, a Senior Associate who specialises in Employment and Business Immigration continue their conversation.
Global businesses have been relying on the immigration and sponsorship system for a number of years to move employees from overseas to their UK offices.
This route was re-branded followed Brexit and in this episode Ruth and Liz discuss how relevant this route remains and the core eligibility criteria.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
We are delighted to welcome you to episode 5 of our Mobile Workforces podcast mini-series.
Ruth Buchanan, Partner in Ashurst's Employment team and Liz Parkin, a Senior Associate who specialises in Employment and Business Immigration continue their conversation.
Following the United Kingdom's exit from the European Union, visiting the UK for business reasons is something that has become more of an issue.
In this episode Ruth and Liz focus in on those rules that apply to business visitors.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Crowley Woodford, head of Ashurst's European employment practice is joined by Ruth Buchanan, an employment partner based in London, Andreas Mauroschat, an employment partner based in Frankfurt, Muriel Pariente, an employment partner based in Paris and Cristina Grande, Employment Counsel in Madrid.
In this episode, Crowley, Ruth, Andreas, Muriel and Cristina discuss what employers should be looking out for in 2023.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Join Alison Murrin and Richard Vernon to hear Richard give an overview of his predictions for 2023.
Alison Murrin an Expertise Counsel in Ashurst's real estate team, and Richard Vernon, a Partner in Ashurst's real estate team discuss the biggest challenges facing real estate at the moment, the increasing regulation as we transition towards net zero, greenwashing and some legal developments to look out for in 2023.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ruth Buchanan, Partner in Ashurst's Employment team and Liz Parkin, a Senior Associate who specialises in. Employment and Business Immigration continue their conversation.
In this episode Ruth and Liz talk through the termination of a worker due to immigration issues.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ruth Buchanan, Partner in Ashurst's Employment team and Liz Parkin, a Senior Associate who specialises in. Employment and Business Immigration continue their conversation.
In this episode Ruth and Liz concentrate on right to work checks, the new approach to electronic statuses and how checks work in practice.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Fiona Garside, a Senior Expertise Lawyer in the Antitrust, Regulation and Foreign Investment team in London finishes the conversation on Vertical Agreements in the EU and UK with Steven Vaz, a Partner in our London office and Maria Held, a Counsel in our Munich team.
Fiona, Steven and Maria discuss the differences and similarities between the EU and UK rules on vertical agreements.
For more information on the new rules on vertical arrangements in the EU and UK, click here.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this final episode in the Investigations Unpacked podcast series, "Going Global", Rani John, a Partner in the dispute resolution team at Ashurst, speaks to Alexander Dmitrenko, a partner in our Tokyo office, about the particular challenges of conducting an investigation that spans multiple jurisdictions, and potentially where multiple regulators are involved.
The discussion covers:
- The potential pitfalls of focusing too narrowly on local legal risks or, conversely, regulators with a long-arm reach
- The practicalities of cross-border communication and collaboration, and utilising local counsel effectively
- managing privilege where potentially different (and competing) privilege regimes apply.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
We are delighted to share with you our latest World@Work Global Employment podcast. This episode features presenters from our Global Employment team as they discuss the impact of recent elections on workplaces in Australia, Germany, UK, France and Singapore and how each of these jurisdictions and Spain are preparing for an economic downturn.
See omnystudio.com/listener for privacy information.
Fiona Garside, a Senior Expertise Lawyer in the Antitrust, Regulation and Foreign Investment team in London continues the conversation with Esther Kelly, a Partner in our Brussels office, and Hayden Dunnett, an associate in our London team.
In this episode, Fiona, Esther and Hayden discuss how the new Vertical Block Exemption Regulation approaches online distribution. The trio discuss restrictions preventing the effective use of the internet and the specific rules applying to the providers of online intermediation services.
For more information on the new rules on vertical arrangements in the EU and UK, click here.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Fiona Garside, a Senior Expertise Lawyer in the Antitrust, Regulation and Foreign Investment team in London continues the conversation with Donald Slater, a Partner in our Brussels office and Laura Carter, a Senior Associate in our London team.
In this episode Fiona, Donald and Laura discuss how the new Vertical Block Exemption Regulation tackles traditional distribution issues. The trio discuss territorial and customer restrictions, resale price maintenance and non-compete obligations.
For more information on the new rules on vertical arrangements in the EU and UK, click here.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Rani John, a Partner in the dispute resolution team at Ashurst returns in the third episode of the Investigations Unpacked podcast series, "Something to see here", to speak to Kate Morgan SC, a senior barrister with extensive experience in the defence of white collar crime proceedings, about the impact of potential criminal conduct on the dynamics of an investigation.
The discussion covers:
- Co-operation with law enforcement when investigating conduct that might involve criminal offences
- Conducting interviews of employees in that context
- Issues relating to separate representation and individual privileges.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Fiona Garside, a Senior Expertise Lawyer in the Antitrust, Regulation and Foreign Investment team in London continues the conversation with Michael Holzhäuser, a Partner in our Frankfurt office and Jessica Bracker, an Associate in our Brussels team.
In this episode Fiona, Michael and Jessica discuss how the rules on dual distribution have changed following the new Vertical Block Exemption Regulation.
For more information on new rules on vertical arrangements in the EU and UK, click here.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions
See omnystudio.com/listener for privacy information.
Fiona Garside, a Senior Expertise Lawyer in the Antitrust, Regulation and Foreign Investment team in London kicks off the conversation with Denis Fosselard, a Partner in our Brussels office and Zac Davies, an Associate in our Brussels team.
In this first episode Fiona, Denis and Zac discuss how the treatment of agency agreements has changed following the new Vertical Block Exemption Regulation.
For more information on the New rules on vertical arrangements in the EU and UK, click here.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this second episode of the Investigations Unpacked podcast series, "Check your privilege", Peter Richard, Counsel at Ashurst, sits down again with Rani John, a Partner in the dispute resolution team at Ashurst to discuss the issue of privilege and the key considerations that are likely to arise in regards to maintaining privilege during and following an internal investigation.
This episode includes insights and information related to:
- The circumstances in which an investigation report will (or won't) be protected by privilege
- How a company should approach document review with a view to preserving privilege
- The role of privilege when it comes to interviewing witnesses
- Privilege considerations when sharing information with a regulator.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this first episode of the Investigations Unpacked podcast-series, "So you want to investigate", Peter Richard, Counsel at Ashurst, speaks with Rani John, Partner in the dispute resolution team at Ashurst, about the steps undertaken and challenges faced by companies when investigating alleged misconduct.
This introduction to investigations episode explores topics including:
- The process of setting the scope, resources and governance for an investigation, gathering and analysing evidence, formulating conclusions and presenting those conclusions to interested stakeholders.
- Practical and legal insights in conducting and managing investigations.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Ruth Buchanan, Partner in Ashurst's Employment team and Liz Parkin, a Senior Associate who specialises in. Employment and Business Immigration continue their conversation.
In this episode Ruth and Liz focus on managing skilled workers and addressing issues such as change of role or location for a sponsored worker.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions
See omnystudio.com/listener for privacy information.
In this episode, Emma Johnson and Tom Cummins, Partners in Ashurst’s international arbitration practice talk through investment treaty arbitration in relation to disputes concerning intra-EU investments with Matt Harnett, a senior associate in Ashurst’s international arbitration practice.
The wide-ranging conversation includes details on:
An overview of what investment protection and investment treaty arbitration are.
How recent rulings brought before the European Court of Justice have changed the landscape of disputes relating to investment protection and whether they can be arbitrated.
What role recent cases have played and the wider impact in preventing other European investors from pursuing investment treaty claims against European states.
The information provided is not intended to be a comprehensive review of the law and practice relevant in this area and listeners should take legal advice before seeking to embark on any of the courses of action discussed in this podcast.
See omnystudio.com/listener for privacy information.
This mini-series explores the ever changing immigration rules that underpin mobility issues and provide insights into the latest challenges.
Ruth Buchanan, Partner in Ashurst's Employment team is joined by Liz Parkin, a Senior Associate who specialises in. Employment and Business Immigration.
In this episode Ruth and Liz focus on engaging skilled workers, what this actually means and what hurdles businesses need to overcome.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Reflections on my career: my advice to my younger self
Rebecca Clarke, Senior Associate in our Digital Economy team, chats with Amanda Moore, General Counsel at BAI Communications, a world leader in shared communications infrastructure.
In their discussion, Amanda reflects on her career path, her experience of being a female lawyer in the tech industry, imposter syndrome and the advice she'd give to her younger self.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
An alternative path to qualification: reflections on my in-house career
In the next episode of our Women in Tech mini-series, Rhiannon Webster, Partner in our Digital Economy team, speaks with Daisy Godfrey, Head of Legal for the Digital and Data Protection Group at Aviva.
In their discussion, Daisy reflects on her path to qualification as an in-house trainee. She shares how she has built a successful career in-house, what she enjoys most about her role and the lessons that she has learnt along the way.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
We are delighted to share with you our Global Employment podcast about managing whistleblower disclosures and other workplace complaints in 2022. This episode features presenters from our Global Employment team and considers:
Australia: Challenges in complying with whistleblower confidentiality obligations and using external complaint receipt technology Impact of the Respect@Work report and managing disclosures about historical conduct
Frankfurt: An overview of the new EU Whistleblower Directive introduced in December 2021 Managing cross jurisdictional whistleblower complaints
London: Relevance of the EU Whistleblower Directive to UK based organisations with EU subsidiaries The UK whistleblowing regime and comparisons with the EU Whistleblower Directive
Madrid: Transposition of the EU Whistleblower Directive into Spain Challenges for employers to manage
Paris: How French law transposing the Directive has extended the material scope of the report How the status of "facilitator" provided for in the Directive is implemented in France
Singapore: ·Matters for employers to consider when dealing with whistleblowing in Singapore Recent developments with respect to employee complaints in Singapore
We hope you enjoy this podcast.
See omnystudio.com/listener for privacy information.
Forging my Career as a Woman in Tech
In episode 4 of our Women in Tech podcast series, Michelle Sally, Senior Associate in our Digital Economy team, chats with Erin Abraham, Legal Counsel at Uber.
In their discussion, Erin reflects upon her transition from private practice to working in-house, the importance of diversity in the workplace and how the landscape has evolved for women in tech and legal practice.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
My Journey to Partnership
In our next episode Denae Engelbrecht, Senior Associate in our Digital Economy team, speaks with Rhiannon Webster, Partner and Head of our Data Practice.
During their conversation, Rhiannon reflects upon her journey to partnership as a woman and as a mother. She discusses improving female representation in practice, and how emerging tech is driving change across the data landscape.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Andrés Alfonso, Ashurst Corporate Partner based in Madrid, sits down with Matthew Saunders, Head of Ashurst's global international arbitration practice, and Emma Johnson, Partner in the international arbitration practice based in London, to talk about gas and LNG supply and the various contractual and non-contractual ways in which current energy market volatility and spot price increases might be addressed.
The trio discuss the current ‘perfect storm’ of circumstances which might give rise to gas and LNG disputes, including the impact that Russia’s invasion of Ukraine is likely to have on oil and gas supply and pricing. They discuss the various was in which contract parties might attempt to reduce their exposure under long term contracts which are now 'out of the money'.
The information provided is not intended to be a comprehensive review of the law and practice relevant in this area and listeners should take legal advice before seeking to embark on any of the courses of action discussed in this podcast.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
My Journey: From Private Practice to In-House Counsel
Denae Engelbrecht, Senior Associate in our Digital Economy team, speaks with Shanice Onike, Associate Commercial Counsel at DeepMind; a cutting-edge AI organisation of scientists, engineers, and researchers committed to solving intelligence to advance science and benefit humanity.
Shanice reflects upon her journey from private practice to her in-house role. She discusses the challenges and benefits of both roles, what drove to her to make the change, and the importance of meaningful work.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Sarah Chambers, Head of Strategy and Engagement, Ashurst Advance Digital speaks with competition practitioners Michael Holzhäuser and Fiona Garside on trends in competition investigations in Europe.
The trio also discusses Ashurst's Raid Assist App that they’ve been working on which helps clients prepare for and respond to a dawn raid.
If you are interested in learning more about our Raid Assist App please visit our website. The Raid Assist app is also available to download for free from both the Google Play Store and Apple App Store.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Law x Tech x Design: a legal career in three acts
Tara Waters, Partner and Head of Ashurst Advance Digital speaks with Sarah Chambers, Head of Strategy and Engagement for Ashurst Advance Digital.
In their discussion, Sarah explains how her legal career has evolved into the digital space. She shares what excites her about legal careers in tech, and reflects on the lessons she has learnt along the way.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this podcast, Tom Cummins is joined by four colleagues from Ashurst's London Dispute Resolution team, Emma Johnson, Thomas Karalis and Neil Donovan. They discuss the conflict in Ukraine, the international sanctions that have been imposed and their impact on contractual performance and arbitration proceedings.
The topics they cover are:
· The legal effect of the sanctions which we are seeing being imposed by a number of governments and organisations;
· The contractual consequences flowing from the situation in Ukraine and Russia, including the scope for supply chain disruption and energy sector disputes; and
· The particular challenges that might arise when it comes to the resolution of disputes involving sanctioned parties.
The information provided is not intended to be a comprehensive review of the law and practice relevant in this area and listeners should take legal advice before seeking to embark on any of the courses of action discussed in this podcast.
See omnystudio.com/listener for privacy information.
Fiona Garside, Neil Cuninghame and Steven Vaz Partners in Ashurst's Antitrust Regulation and Foreign Investment team discuss the UK National Security and Investment Act.
The trio discusses the significant regime changes, what both UK and foreign investors need to be aware of and share what they have learnt about the assessment process so far.
If you are interested in learning more about the National Security and Investment Act please read our Quick guide which is available on our website. You can also access our Foreign Investment in Europe guide here.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the third and final episode of our mini-series on the built environment, we shift our focus to the construction sector.
Sadia McEvoy, a Counsel in Ashurst's real estate team, and Matthew Bool, a Partner in Ashurst's real estate team discuss how construction contracts can help facilitate the drive to Net Zero, building safety, and the supply of construction materials.
The duo also talk about the potential impacts of the Building Safety Bill, the Building Safety Levy, and Residential Property Developer Tax.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the second episode of our mini-series on the built environment, we focus on real estate dispute resolution.
Alison Hardy, a partner leading Ashurst's real estate dispute team, is joined by senior associates Chloe Meredith, and Kim Clifford in the team to discuss a range of topics including the impact of COVID, the industry's role in tackling climate change and the impact of re-purposing real estate.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the first episode of our mini-series on the built environment, we focus on the real estate sector.
Alison Murrin an Expertise Counsel in Ashurst's real estate team, and Richard Vernon, a Partner in Ashurst's real estate team discuss the decarbonisation of the built environment and how the industry is going to make the transition to Net-Zero.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
We are delighted to share with you our Global Employment podcast covering predictions for next year's two biggest workplace issues in each country. This episode features presenters from our Global Employment team and considers:
Madrid:
· Working remotely
· Working time register
London:
· The future world of work
· An additional UK bank holiday in 2022
Paris:
· Internal investigations
· International remote working
Singapore:
· Workplace discrimination
· Flexible working
Australia:
· The war for talent
· 2022 Federal election and calls for a new workplace relations system
We hope you enjoy this podcast.
See omnystudio.com/listener for privacy information.
José Antonio Rodriguez, a Partner in Ashurst's international arbitration team based in Madrid, Matthew Saunders, Partner and Global Head of Ashurst's international arbitration practice based in London and Emmanuelle Cabrol, a partner in Ashurst's international arbitration team based in Paris discuss the role of public international law in renewables projects.
José Antonio, Matthew and Emmanuelle speak about all things investment treaties, arbitration claims for and against states that might arise in the course of a renewable energy project, and what key things you need to be thinking about in this context.
Our international arbitration team have written a special report in which they share more of their experiences of arbitrating disputes in the renewables space which is available now on the Globe Law website, or you can contact you usual Ashurst contact if you would like a copy
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Antony Skinner, a Partner in Ashurst's projects team based in the London office, Rob Palmer, a Partner in Ashurst's international arbitration based in Singapore and Lucy McKenzie an associate based in London discuss the importance of evidencing your case.
Antony, Rob and Lucy talk about all things evidence in international arbitration – witnesses, experts and documents. In particular, some of the nuances that apply to the gathering and deployment of such evidence in the course of renewable energy disputes.
Our international arbitration team have written a special report in which they share more of their experiences of arbitrating disputes in the renewables space which is available now on the Globe Law website, or you can contact you usual Ashurst contact if you would like a copy
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Carloandrea Meacci, Managing Partner of Ashurst's Milan office and Partner in Ashurst's Energy and Infrastructure team, Dyfan Owner, Partner in the international arbitration and construction disputes team in Ashurst's London office and Luke Carbon, a Senior Associate in the international arbitration and construction disputes team in Sydney explore Arbitral Tribunals.
Carloandrea, Dyfan and Luke discuss the considerations to bear in mind when appointing an arbitrator for renewable disputes.
Our international arbitration team have written a special report in which they share more of their experiences of arbitrating disputes in the renewables space which is available now on the Globe Law website, or you can contact you usual Ashurst contact if you would like a copy .
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Robert Paratore, Trainee Solicitor at Ashurst speaks about his very unique journey to corporate law after a stint playing professional football for Leicester City FC and his foray into human rights and sports law organisations.
Robert also shares his advice for someone applying for a training contract.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions
See omnystudio.com/listener for privacy information.
Dan Brown, Energy and Infrastructure Partner in Ashurst's Sydney office, Michael Weatherley, a Disputes Partner in Ashurst's Singapore office and Tammam Kaissi, a Senior Associate in Dubai, explore dispute resolution mechanisms.
Dan, Michael and Tammam discuss which dispute resolution mechanisms are best suited to resolve disputes in the renewable energy sector.
Our international arbitration team have written a special report in which they share more of their experiences of arbitrating disputes in the renewables space which is available now on the Globe Law website, or you can contact you usual Ashurst contact if you would like a copy .
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Fraser Collingham, Trainee Solicitor at Ashurst speaks about his journey from studying law at The University of Nottingham to the trainee programme following a conversation he had whilst he was at university with two Ashurst trainees.
Fraser also shares his advice for someone applying for a training contract and what he gets up to in his spare time.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Oscar Jeremy, Trainee Solicitor at Ashurst speaks about why he chose corporate over criminal law, his highlights at Ashurst so far and why he included his past work experience as a bouncer on his trainee application.
Oscar also shares his advice for someone applying to join a trainee programme.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Michael Harrison, Senior Energy, Resources and Infrastructure Partner at Ashurst, Georgia Quick, a disputes Partner in Ashurst's Sydney office and Harsh Hari Haran, a Senior Associate in Ashurst's London office, drill down into disputes in renewable projects.
Michael, Georgia and Harsh discuss disputes in the various phases of renewable energy projects, how to mitigate the risks and how to proactively address the issues that may arise.
Our international arbitration team have written a special report in which they share more of their experiences of arbitrating disputes in the renewables space which is available now on the Globe Law website, or you can contact you usual Ashurst contact if you would like a copy .
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Stephanie Ng, Trainee Solicitor at Ashurst speaks about her background, her journey to becoming a trainee with Ashurst and shares advice for someone applying to join a trainee programme.
"You can kind of tell when someone hasn't really done their research and isn't sure what they are talking about. It is not that there is an issue with not being sure what you're talking about, it is more like if you're not sure just say it and being genuine, when you're emailing someone, speaking to someone, when you're in the interviews or writing down your application don't Google something and copy and paste it because it's pretty obvious. When it comes to write stuff down and speak to people then just be genuine about why you want to apply." says Stephanie.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Joshua Mo, Trainee Solicitor at Ashurst speaks about his background and decision to pursue a law degree rather than join the army, how he still finds time for his passion boxing and shares advice for someone applying to join a trainee programme.
"When you do come for an interview, I would say prep, but don't over-prepare because if you're invited to interview they must like what they see on paper. So, they're probably trying to assess you as a person, so try and come across as that, a functioning human being and not just a word on a piece of paper" says Joshua.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the third episode of our mini-series on energy and resources disputes, we shift our focus to Renewable Energy Disputes.
David Wadham, Managing Partner of Ashurst's Tokyo Office and Global Co-Chair of Ashurst's Power & Utilities Practice, Emma Johnson a disputes Partner in Ashurst's London office and Jeremy Chenoweth, Ashurst's Asia-Pac Head of Disputes delve into Renewable Energy Disputes.
David, Emma and Jeremy discuss the key features that are driving these disputes, government involvement and regulation within the industry and how disputes are typically resolved.
The trio also share their thoughts on the future of the industry.
The special report on renewable energy arbitration for Globe Law & Business is available online here.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Robert Booth, Trainee Solicitor at Ashurst speaks about why he wanted to pursue a career in law, his hopes and dreams for the future, the impact of Covid on his working experience and shares advice for someone applying to join a trainee programme.
"If you can understand the firm's policies, their particular business interests, their focuses; I think that can really help, so you can really show in your application that you, one, are specific about the firm that you want to apply to, and two, can then translate that into why you want to work for them." says Robert.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the second episode of our mini-series on energy and resources disputes, Myfanwy Wood and Tom Cummins, Partners in the disputes resolution team at Ashurst delve into ESG litigation.
Myfanwy and Tom discuss what is ESG litigation, why it is currently in the spotlight and companies and investors should prepare themselves in light of the new ESG litigation landscape.
"ESG issues are something that everyone should be monitoring very carefully. As you've said the cost of companies getting ESG wrong are high and they potentially result not only in financial damage if there is a claim for damages but it really is that reputational harm that affects the entire business. So, even if a claim is ultimately unsuccessful or any threat of action taken against a company doesn’t actually occur, the fact that is has been there can have lasting reputational consequences." says Myfanwy.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Sexual harassment in the workplace is receiving long overdue attention as the Federal Government, industry bodies and employers digest the Respect@Work report, undertaken by Sex Discrimination Commissioner, Kate Jenkins in 2020, and determine their responses.
In this follow up episode to our: Where to now for Sexual Harassment in Australian Workplaces podcast, host, Peter McNulty, Senior Associate, again speaks with Elissa Speight, Employment Partner at Ashurst, to provide an update, recorded on 12 August 2021, about the response by the Australian Government to the Respect@Work report, and the status of proposed legislation to address this issue.
"Our message to employers is that you should really be acting in a manner consistent with a positive duty existing now. In particular, you should be viewing sexual harassment as a risk to the health and safety of your staff, and taking proactive (rather than reactive) steps to address that risk". Elissa Speight, Employment Partner, Ashurst.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Sanjay Wavde, Tax Partner at Ashurst joins Nina Fitzgerald, IP and Media Partner at Ashurst to talk about the proposed "patent box" regime in Australia.
In this podcast, Sanjay and Nina discuss the government's proposal and some key aspects that will need to be considered as the scheme is developed, as well as what can be learnt from other jurisdictions that have patent boxes.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Stephen Woodbury, Global Practice Head of Ashurst’s Employment group is joined by Ruth Buchanan, Employment Partner in London, Muriel Pariente, Employment Partner in Paris, Juditha von der Heydt, Employment Counsel based in Frankfurt, Cristina Grande, Employment Senior Associate based in Madrid and Karen Mitra, Head of our Asian Employment practice.
In this panel discussion, recorded virtually on 22 July 2021, Stephen provides an update on the COVID-19 vaccine roll-out in Australia and invites the panellists to share the roll-out experience in their jurisdictions including the ongoing challenges for employers across Europe, the United Kingdom and Asia in respect of vaccination, testing, business travel and border controls.
Find out more about our podcast channels on Ashurst.com/podcasts
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
This is the first podcast episode of our mini-series on energy and resources disputes with Myfanwy Wood and Tom Cummins.
Myfanwy Wood and Tom Cummins, Partners in the disputes resolution team at Ashurst explore resource nationalism in the first episode.
Myfanwy and Tom discuss why resource nationalism is currently in the spotlight and what investors can do to try and mitigate the risks and protect their foreign investments.
"It's not as if you have a lawyer in an energy company running into his CEO's office saying I think we're facing resource nationalism in a particular country, but for present purposes, it is quite a useful label to cover things like scenarios where a state imposes increased taxes on investors," says Tom.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Sexual harassment in the workplace is a serious issue which has recently come to the fore thanks to the #MeToo movement and a host of high-profile incidents in the media.
In this episode, host, Peter McNulty, Senior Associate, speaks with Elissa Speight, Employment Partner at Ashurst, about recent developments impacting sexual harassment in Australian workforces, including the response by the Australian Government to the Respect@Work report, undertaken by Sex Discrimination Commissioner, Kate Jenkins.
“Sex Discrimination Commissioner, Kate Jenkins, found the prevalence of sexual harassment in Australia to be endemic and costs the economy $3.5 billion per year, including $2.6 billion in lost productivity.” Elissa Speight, Employment Partner, Ashurst.
Find out more about our podcast channels on Ashurst.com/podcasts
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
This is the sixth, and final episode in a series dedicated to all things A.I. In this episode, Tae Royle, Head of Digital Products APAC from Ashurst Advance Digital is joined by Tara Waters, Partner and Head of Ashurst Advance Digital.
Naturally, attention turns to ‘What’s next?” for A.I in its legal context. Tara and Tae discuss the future of A.I in the legal profession and how lawyers can best prepare themselves for a future with A.I as an emerging and essential tool.
“I would really like to see the legal industry get together with the technology industry to tackle the big problems and to better understand how we can get access to bigger levels of data. We also need to work across and within the industry and not look at each other as competitors, but rather how can we all benefit from the improvements in A.I and machine learning.” Tara goes on to say, “Watch this space …as this series has shown there is so much happening in A.I, so much promise.”
Find out more about our podcast channels on Ashurst.com/podcasts
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In this week’s episode, Nina Fitzgerald, IP and Media Partner at Ashurst, sits down with Julie Cheeseman, Counsel at Ashurst in the IP and Media team, to talk about protecting AI as a trade secret and some of the benefits and the challenges of this approach.
Julie and Nina discuss how trade secrets are protected under Australian law and how AI systems, such as Google’s algorithm, might be protected in this manner.
“Trade secret protection can last forever, provided that the secrecy is maintained, and the information is not publicly disclosed.” Julie Cheeseman, Counsel in the IP and Media team, Ashurst.
Find out more about our podcast channels on Ashurst.com/podcasts
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Anita Cade, Global Practice Head of IP and Media and Partner at Ashurst joins Nina Fitzgerald, IP and Media Partner at Ashurst, in this fourth episode in the A.I. series to talk about the copyright implications of A.I and computer generated works.
Anita and Nina discuss whether it is possible for A.I systems to be creative, copyright protection of AI-generated works in Australia and the differences between Australia, the UK and the US on this fascinating issue. This episode includes reference to Naruto - the monkey who took a selfie (Monkey selfie copyright dispute. Digital image. Wikipedia) along with the Next Rembrandt (Next Rembrandt. Digital image. Nextrembrandt.com) - an A.I created artwork.
There are examples of where A.I systems analyse stock market data and produce news articles, as well as songs... So while people will certainly argue with me on this – there is a strong basis for asserting that computers are now being creative.” Nina Fitzgerald, IP and Media Partner Ashurst.
Find out more about our podcast channels on Ashurst.com/podcasts
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
In the third episode of the A.I series Eoin Martyn, Senior Associate in the IP and Media team talks to Nina Fitzgerald, IP and Media Partner at Ashurst to discuss all things A.I and patents. The discussion covers the value of patent protection, patentability of A.I and computer-implemented inventions in Australia and what the future of inventions created by A.I looks like under Australian patent law.“ The courts have been increasingly critical of computer implemented inventions as they have consistently held that the patents for those inventions are actually for business methods, which are implemented in the computer and therefore fail the manner of manufacture test,” Nina goes on to say, “This doesn’t mean patents for A.I systems are not being granted, rather the number of patent applications for computer implemented inventions are increasing rapidly.
Find out more about our podcast channels on Ashurst.com/podcasts
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Mark Bradley, Dispute Resolution Partner at Ashurst speaks to Tae Royle, Head of Digital Products APAC from Ashurst Advance Digital about the ethical considerations around A.I decision making.
Mark and Tae share insights into what A.I decision making is, the specific duties lawyers have in dealing with A.I powered decision making and some practical steps that lawyers can take to mitigate the risks that A.I powered decision making can have.
“The legal profession has a duty to ensure that A.I is explainable so that others can understand the consequences,” says Tae. “A.I is an incredibly powerful tool that can really extend our ability to make great decisions fast in large quantities.”
Find out more about our podcast channels on Ashurst.com/podcasts
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Stephen Woodbury, Global Practice Head of Ashurst’s Employment group is joined by Crowley Woodford, Partner and lead of the European Employment practice based in London, Muriel Pariente, Employment Partner in Paris, Dr Andreas Mauroschat, Partner and Head of Employment, IT, Data protection and Compliance practice in Frankfurt and Diana Rodriguez Redondo, Employment Partner in Madrid.
In this panel discussion, recorded virtually on 10 March 2021, Stephen provides an update on the COVID-19 vaccine roll-out in Australia and Asia and invites the panellists to share the roll-out experience in their jurisdictions including the challenges and differences across Europe and the United Kingdom.
Find out more about our podcast channels on Ashurst.com/podcasts
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
Nina Fitzgerald, IP and Media Partner at Ashurst speaks to Tae Royle, Head of Digital Products APAC from Ashurst Advance Digital in the first episode of our AI series that explores and unlocks the mysteries of A.I and its legal applications.
Nina and Tae share insights into how a machine learns, the advantages and disadvantages of A.I application and explain why a chihuahua is like a blueberry muffin!
“There are limitations when you work with artificial intelligence,” says Tae. “it can only work with what you have trained it on.”
Find out more about our podcast channels on Ashurst.com/podcasts
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
A podcast series that will keep you across the legal trends that are shaping the legal landscape and impacting organisations. Ashurst experts will offer unique perspectives on the most pressing legal matters impacting banks and funds, the digital economy, energy and resources, infrastructure, real estate, and much more.
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