The Linklaters Podcast

In this podcast, managing associate Terry Yiangou and associate Elliot Jack explain who the CSRD applies to, when it will apply and some of the exemptions.

In this episode we interview special guest Tom Johnson from UX/UI design agency Lighthouse for his insights into user research and user experience design to meet the FCA's Consumer Duty expectations.

We explain how these disciplines are important in the context of all four Consumer Duty outcomes and to avoiding foreseeable harm to customers.  Tom introduces us to user experience design, sets out how to research your customers to inform your design, and explains five key design principles that can be practised by people across your organisation - not just design teams.

This episode features Duncan Campbell (senior associate) and Connie Faith (associate) in our London financial regulation team.

Lighthouse is a specialist UX and UI design agency based in London, working with product teams since 2008.  Explore their audit service which gives you expert eyes on your product interface, rapidly generating actionable improvements.

And visit Linklaters’ Consumer Duty webpage for all our insights on the Consumer Duty including our podcasts offering legal insights and thought-provoking cross-disciplinary conversations.

In this episode, managing associates Aileen Buchanan and James Marlow discuss at a high level what the CSRD is, what it requires, the entities that are in scope and what they need to report.

In this episode, Josh and Jonathan weigh in on the SEC’s charges against Bittrex, Gary Gensler’s House hearings, the reintroduction of a federal stablecoin bill, MiCA’s passage, Yuga Lab’s trademark victory, and Taylor Swift’s good sense about FTX.

Did Gensler change his mind about proof of work and Algo, or is the SEC throwing tokens at the wall until a case against Coinbase sticks? Why wouldn’t Gensler tell the House if Ether is a security or not? Does the very same stablecoin bill that was dubbed an “ugly baby” last September have any chance at succeeding now? Will the EU’s passing of MiCA lure crypto business away from the US and UK? In the absence of federal legislation in the US, will the courts become the real regulators of digital assets? Listen to Josh and Jonathan’s hot takes now.

In this podcast, members of our Global Business Crime team and alliance partner Webber Wentzel talk about what South Africa’s addition to the Financial Action Task Force’s grey list means for companies with businesses or investments in South Africa. 

In particular, they cover:

• What it means to be grey-listed by FATF.

In this episode we interview special guest Ruth Persian from the Behavioural Insights Team (BIT, unofficially the “Nudge Unit”) for her insights into what is perhaps the most interesting and least understood aspects of the Consumer Duty: the requirement to consider behavioural biases.  

Ruth explains behavioural biases and the behavioural insights approach, how these biases impact financial decision-making, and how firms can take these biases into account when implementing the Consumer Duty.

This episode features Sara Cody (counsel) and Duncan Campbell (senior associate) in our London financial regulation team.

BIT is a social purpose company using behavioural science and rigorous evaluation methods to help people and communities achieve better outcomes.  Visit their website to learn more or read their blog post on how a behavioural insights approach can help firms meet the requirements of the consumer duty'.

And visit Linklaters’ Consumer Duty webpage for all our insights on the Consumer Duty.

The FCA is in line to get new rule-making powers over payments firms. But why does the FCA need these powers? Jean Price, Frances Hodgkins and Simon Treacy discuss how they could be used to settle a debate about whether payments firms hold customer funds on trust.

In this episode, we speak with Richard Green from AssetQ about the obligations firms have under the Consumer Duty to monitor, gather and exchange information with others in their distribution chains.  We cover a brief outline of the key data and monitoring obligations under the Duty, high level guiding principles, examples of specific data points you might want to consider for each of the four outcomes, some thoughts on monitoring and assurance, and exchanging information with others in the chain. 

This episode features counsel Sara Cody and senior associate Duncan Campbell, both from Linklaters' financial regulation team in London.

Click here to learn more about AssetQ’s offering.

And visit Linklaters’ Consumer Duty webpage for all our insights on the Consumer Duty.

In this episode, Josh and Jonathan discuss The New York Times' scathing article against crypto mining — and Riot’s compelling rebuttal, Ethereum’s Shanghai/Capella upgrade, the Treasury's DeFi Illicit Finance Risk Assessment, a California federal court’s bZx DAO ruling recognizing the existence of a general partnership and a negligence theory of liability, and the new report detailing FTX's mismanagement. Does crypto mining really have an outsized burden on the environment and energy consumers? Is the U.S. government, potentially with help from the media, effectively banning crypto in an organized effort, dubbed "Operation Choke Point 2.0"? What will happen to the price and regulation of Ethereum now that people are able to withdraw the ETH they've staked? Would the implementation of illicit finance checks be a death knell for DeFi? Can DAOs really protect themselves from liability? How did FTX get so big without basic business policies and procedures in place? Listen to Josh and Jonathan's hot takes now.

The resolution of Silicon Valley Bank UK Limited (SVBUK) was the first time since 2009 that the Bank of England put a bank into resolution.  As the dust settles, regulators and the market are assessing the meaning of this resolution for financial services regulation.  

In this episode, our resolution specialists Edward Chan, Bobby Butcher and Elli Karaindrou lift the bonnet on SVBUK, the resolution weekend and what this might mean for UK resolution and the regulation of smaller banks in the future.