In 2021, evolving market conditions, including heightened regulatory risk, emergence of new theories of harm, and the continuing economic impact of COVID-19 could alter transaction dynamics and contribute to more – and more contentious – transaction-related antitrust litigation, both with authorities and between merging parties.

In our 11th episode, Jenn Mellott speaks with Linda Martin, Martin Klusmann and Nicholas Frey about how companies can mitigate litigation risk in their transactions with the right transactional toolkit.

The UK Chancellor Rishi Sunak has delivered his second Budget in extraordinary circumstances as the UK continues to deal with the impact of the coronavirus pandemic while also establishing itself outside the EU following the end of the Brexit transition period.

This Budget comes at a time when there are calls for both further economic support measures and a clear fiscal plan to repair the significant deficit in public finances. How has the Chancellor dealt with these competing demands and what tax measures have been announced that businesses need to be aware of?

In this podcast, Josh Critchlow interviews three of our Partners in the London Tax team, Helen Buchanan, Paul Davison and May Smith, on the business tax measures they found the most noteworthy in the Spring Budget 2021, including:

an increase in the UK’s headline corporation tax rate from 19% to 25% in April 2023;

the new 130% “super-deduction” aimed at encouraging investment;

a temporary extension to the carry back rules for trading losses;

a consultation reviewing the UK’s R&D relief regimes;

the repeal of the UK’s domestic provisions implementing the EU Interest and Royalties Directive;

the introduction of reporting rules for digital platforms based on OECD recommendations; and

reflections on what was missing.

2020 has demonstrated that governments and policymakers are seeking to implement ambitious sustainability goals.

However, it is becoming increasingly clear that corporate action and industry-wide collaboration will be indispensable to tackling environmental and other sustainability challenges on a global basis. In our tenth episode, Jenn Mellott speaks with Ninette Dodoo, Paul van den Berg and Maria Dreher about the role that competition law and policy can and should play in helping companies pursue sustainability initiatives.

In this podcast, Tom Clark and Sharon Grennan consider recent UK enforcement and look ahead to the potential focus for the rest of 2021. A related article is also available.

SPACs are the hottest business story of the year. In the latest episode of our View from the Valley podcast series, Freshfields partners Boris Feldman, Pamela Marcogliese and Michael Levitt are joined by Stanford professor Michael Klausner, one of America’s foremost experts, to discuss the ins and outs of the SPAC craze – from how they perform for investors and targets to whether they’re a likely source of future litigation.

As part of our ongoing review of whistleblowing culture over the years, we’ve gathered the views of over 2,500 individuals in the UK, US, Hong Kong, Germany and France to assess their attitudes towards whistleblowing, and to consider how these have changed since our last survey in 2017.

Our report shows that there has been a general decrease in those who have been involved in whistleblowing, as well as a decline in confidence with regards to support from senior management for those who do blow the whistle.

In this podcast chaired by Stephanie Chiu and Nicola Jones, guest speakers Caroline Stroud, Holly Insley and Boris Feldman explore one of the aspects of this survey – how the #MeToo movement may have changed our attitudes towards whistleblowing. The speakers share their thoughts on the effect of the #MeToo movement on speak-up culture and how #MeToo related reports may require specific handling and a tailored investigation process. They also discuss whether the whistleblowing trends of the survey are indicative of what we should expect in the future and discuss what might be on the horizon, including potential legislative developments in the US.

2020 brought issues related to data, cybersecurity and people and conduct to the fore in unprecedented ways. How can legal and business leaders manage and prioritise these risks in 2021?

In this episode, Ninette Dodoo, Richard Bird and Stephanie Chiu of Freshfields and Kyung Kim of FTI Consulting discuss how to manage risks related to data privacy, cybersecurity and people and conduct. They cover topics ranging from:

How has data regulation evolved across Asia and what do businesses need to do to navigate the new regulations?

How should companies develop and implement cybersecurity policies which are both effective and defendable to regulatory bodies?

How has Covid-19 and the move to remote working impacted conduct risk and what are the logistical challenges of conducting investigations during the pandemic?

In this series of two podcasts our global team discuss why they see data and cyber breaches as the next area of focus for mass claims lawyers and how this trend may play out around the globe. The discussion includes Rachael Annear, Geoff Nicholas and Rhodri Thomas in London, Mark Egeler in Amsterdam, Julie Elmer and Peter Jaffe in Washington DC and Jonathan Wong in Hong Kong. Part 2 will explore the challenges around damages in data and cyber mass claims cases in the US, Europe and Asia.

In this series of two podcasts our global team discuss why they see data and cyber breaches as the next area of focus for mass claims lawyers and how this trend may play out around the globe. The discussion includes Rachael Annear, Geoff Nicholas and Rhodri Thomas in London, Mark Egeler in Amsterdam, Julie Elmer and Peter Jaffe in Washington DC and Jonathan Wong in Hong Kong. Part 1 focuses on the hurdles of establishing liability.

2020 was an unprecedented year of escalating geopolitical tensions and rapidly evolving business challenges. As we move into 2021, the ability to effectively map and respond to risk will remain central to success.  

In this episode, Ninette Dodoo, Nabeel Yousef and John Choong discuss how ongoing geopolitical tensions have reshaped risks, recent sanctions developments and the risk of disputes going forward. They provide practical tips for legal and business leaders and share insights on:

How Asian companies can effectively map risks related to US and China uncoupling and increased global protectionism.

How the evolving regulatory landscape in the sanctions arena is impacting deal viability.

How Asia fared when it comes to pandemic related disputes and how the law is developing and adapting.