The Freshfields Podcast

US data privacy law is evolving fast, with a number of states introducing tough new rules and even talk of a federal privacy regime. In a wide-ranging conversation across the data and cyber frontier, Christine Lyon, co-head of Freshfields’ global data privacy group, joins counsel Brock Dahl and Boris Feldman, Freshfields’ head of US tech, to discuss what’s coming down the track, whether tighter restrictions could stifle innovation, why companies should be wary about using 'black box' AI – and how boards can prepare for a data breach.

Fintech M&A is booming, but so is regulatory scrutiny. Competition authorities are increasingly bullish to claim jurisdiction over fintech deals and to pursue novel theories of harm. At the same time, the scope of foreign investment regulation has widened due to the pandemic and ongoing trade tensions, adding yet another piece to the regulatory jigsaw puzzle faced by deal-doers. Getting your fintech deal cleared is no longer a given, and even if you get your merger control and foreign investment clearance, there is still a host of other financial regulation that applies before, throughout and after the deal process. 

In our 15th episode, podcast host Jenn Mellott speaks with Rod Carlton, Christine Laciak and Cyrus Pocha to discuss these developments. 

This episode features Freshfields partner Alastair Mordaunt and partners from Indian law firm AZB & Partners, Samir Gandhi, Senior Partner and head of the firm's competition practice, and Hemangini Dadwal, who both advise on a broad range of competition and merger control issues in India.

In this session, our experts will discuss:

• An overview of India’s competition regime, including the latest developments and trends in merger control and antitrust enforcement

In this podcast, we look at arbitration from a different—economic—perspective. Freshfields senior associate Samantha Tan invites Lee & Ko partners, Sanghoon Han and Saemee Kim, and Freshfields partner Nicholas Lingard to discuss the cost-efficiency of running an arbitration.  Our speakers discuss potential “money pits” and explore lesser known, sometimes counterintuitive, ideas for managing costs at the outset of an arbitration.

Arbitration Insider is a podcast series focusing on international arbitration produced by the New York International Arbitration Center (NYIAC) and Freshfields Bruckhaus Deringer. 

In the third episode of Arbitration Insider, co-hosts Rekha Rangachari, Executive Director of NYIAC, and Olivier André, Client Relationship Advisor at Freshfields, chat with four seasoned New York-based international arbitration practitioners on starting and developing a successful career in international arbitration. This episode features Noiana Marigo (Freshfields Bruckhaus Deringer) as a special guest.

Podcast guests include Deborah Enix-Ross (Senior Advisor, International Dispute Resolution Group at Devoise & Plimpton & President-Elect of the American Bar Association), John Fellas (Independent Arbitrator), Louis B. Kimmelman (Independent Arbitrator & Chair of the New York International Arbitration Center), Dana MacGrath (Independent Arbitrator & President of ArbitralWomen) and Noiana Marigo (Partner, Freshfields Bruckhaus Deringer, Head of International Arbitration in the Americas, Co-Chair of the Latin America Practice).

Reference materials:

• As ABA's president-elect nominee, Deborah Enix-Ross brings a wealth of experience by Amanda Robert (ABA Journal, June 1, 2021)

In this podcast, Cyrus Pocha (London), Sarah Robinson (London), Altin Sila (New York), Martina de Lind van Wijngaarden (Frankfurt) and Tim Mak (Hong Kong) discuss the drivers for growing individual participation in financial markets, the challenges faced by regulators who want to promote competition whilst protecting consumers, and the challenges and opportunities presented by this trend for financial services firms.

The EU has announced a wide-ranging package of tax reforms, called “EU BT 21”, which presents a diverse range of measures from those addressing the increasing digitalisation of the economy, to those designed to increase transparency and others supporting the green transition. 

Some of these measures are progressing plans the EU has been working on for several years, whereas others are heading into new territory. The EU has said that these reforms aim “to promote a robust, efficient and fair business tax system in the European Union”, but what will they mean for businesses operating or investing in the EU?

In the latest episode of our Tax matters podcast, Josh Critchlow is joined by partners Philipp Redeker, Georg Roderburg and Bob van Kasteren and senior knowledge lawyer Brin Rajathurai to discuss how this broad set of proposals will impact corporate taxpayers in the EU. Read more about how businesses can navigate the EU BT 21 package here.

On 20 July 2021, the European Commission presented an ambitious package of legislative proposals to strengthen the anti-money laundering and countering the financing of terrorism (AML/CFT) rules. The main pillars of this are the EU single rulebook and a new supervisory authority at EU level. Additionally, the package includes legislative proposals for a new AML/CFT Directive repealing the currently applicable 5th Anti-Money Laundering Directive.

In this podcast, Daniel Travers (Criminal law Counsel, based in Duesseldorf), Janina Heinz and Marius Raetz (Financial regulatory Counsel and Principal Associate, both based in Frankfurt) and Victor Garcia-Lopez (EU Regulatory and Public Affairs Consultant, based in Brussels) explore the axes of the Commission´s AML package. They touch upon the impact on the creation of a new institutional framework, discuss some substantive elements of the package and bring light into the criminal law consequences for financial services as well as the wider industry.

In the second of our new quarterly series, partner Alastair Mordaunt is joined by UK partner Michele Davis, US CFIUS practitioner Christine Laciak and EU FDI practitioner Aude Guyon to discuss developments in foreign investment.

How will the UK’s new National Security and Investment Act impact companies when it comes into force? How are priorities shifting under President Biden, and how is CFIUS continuing to shape US investments? Nine months into the EU’s new FDI screening regime, how are FDI reviews being conducted and what are individual EU countries doing? And what should businesses think about when it comes to the practical applications of all these different screening regulations?

ESG has risen up the corporate agenda, driven by investors, employees, NGOs, government regulation, climate change, other environmental challenges, and societal issues, among others.

In this episode, Ninette Dodoo, Matthew O’Callaghan and Tim Mak are joined by Craig Katerberg, Chief Legal and Corporate Affairs Officer at Budweiser APAC, to discuss what is behind the rising prominence of ESG in corporate Asia.

The discussion explores how regulatory, environmental and societal issues are driving change, the risks for companies and how companies can transform ESG risks into opportunities.