The Linklaters Podcast

The fifth and final episode in our funds and financial sponsors antitrust and foreign investment podcast mini-series focuses on recent developments in Asia, with a deep dive into VIE structures, increased enforcement of SAMR in the tech sector and the more proactive approach taken by regulators across the region.

In this episode, Anna Mitchell, Xi Liao and Marcus Pollard from our Antitrust & Foreign Investment team discuss the differences between the more established antitrust systems and the newcomers on the scene, and what issues are currently on their radar. Tune in to stay on top of these recent developments and the important issues that private equity investors should currently be aware of.

Florian Reul, Kathrin Hafner and Simon Treacy discuss the EU’s draft Digital Operational Resilience Act, known as DORA.

Florian Reul, Managing Associate: “DORA is providing a game plan on how to become better at addressing ICT risks.”

In this podcast episode we discuss how German financial services regulation and supervision addresses non-financial misconduct.  We examine the grounds on which a senior individual might be removed from role for non-financial misconduct or failing to control the risk of non-financial misconduct in their organisations. We also cover German whistleblowing protections including the current state of play on Germany’s implementation of the Whistleblowing Directive. This episode features Andreas Dehio (partner, financial regulation, Frankfurt), Christian Schmitt (partner, dispute resolution, Frankfurt) and Sara Cody (counsel, financial regulation, London).

For more detail, see our full publication reviewing the approach to non-financial misconduct and whistleblowing in 12 key jurisdictions.

Pansy Wong, Rebecca Heaysman and Simon Treacy examine important business services and how to identify them.

Pansy Wong, Partner: “In our experience there’s a feedback loop, so once you work through the other operational resilience obligations you may find yourself revisiting your approach to how you identified those important business services in the first place.”

The FCA has told e-money firms to explain to their customers how their money is protected. In this month’s payments podcast, Harry Eddis, Jean Price, Paul Harris and Simon Treacy talk about the impact these communications will have, plus financial promotions and the FCA’s plans for a consumer duty of care.

Freezing awards at any time before vesting time is a sort of half-way house to malus. Why and how to do it. And to conclude, some top tips

Applying malus and clawback: when; what for - the trigger events; how - the process to follow, and on which awards?

The tricky topic of exercising discretion: what the courts are looking at and avoiding the potential pitfalls.

Alternative methods of risk adjustment: restricted shares and overriding formulaic outcomes, and participants’ likely reactions.

An increasing focus of how the regulatory regimes are applied in practice, relates to adjustment for financial and non-financial risks. How is this done and what is spilling over into the PLC sphere.