The Allen & Overy Podcast archive

In this episode, Dr. Sandie Okoro OBE, Group General Counsel at Standard Chartered Bank joins Justin Farrance. Sandie was told at the age of eight that ‘little black girls’ like you don’t become judges.  Having ignored the naysayers and risen to be listed by Powerlist as one of the most influential people of African and African Caribbean heritage in the U.K., Sandie shares her story, meaningful advice to those who feel pressured to conform within their careers, and some of her decisions along the way, including why her ‘Women in Law’ portrait is captioned, ‘this is what a single mother from Balham looks like’. 

In this podcast, members from our global ESG and sustainability team discuss what lies ahead on the sustainability agenda and the key regulatory developments to watch in 2024.  The main themes include: Political and economic drivers of market activity and regulation, including the implications of 2024's “year of elections” and of the commitments made at COP28 [01:23]; Sustainability data and reporting – key trends in the global sustainability reporting landscape [17:26], and three significant challenges for business, namely: scope 3 GHG emissions, transition plans, and nature [26:17]. Supply chains – significant regulatory initiatives focusing on adverse impacts on human rights and the environment [31:56], deforestation [40:09], and critical minerals for the net zero transition [35:08]. Carbon pricing, carbon trading and related measures, including carbon border adjustment mechanisms [44:05], voluntary carbon markets and Article 6 of the Paris Agreement [47:47]. Closing thoughts [50:26], including on ESG litigation, greenwashing claims and enforcement, the weaponisation of ESG, PFAS regulatory enforcement and litigation, and the interplay between taxonomies, reporting frameworks and transition plans. This podcast was recorded on 31 January 2024. 

In this podcast Emma Danforth, Vittoria Faraone and Joseph Ray discuss some of the key European and UK regulatory changes on the horizon which asset managers and funds should have on their radar as we move towards 2024, including the hot topics of ESG, AIFMD II and retailisation of funds. This podcast forms part of the Great Fund Insights series, a global resource providing practical insights into legal and regulatory developments affecting fund managers and institutional investors across Europe, Asia, Africa, the Middle East and the U.S.

The Electronic Trade Documents Act 2023 has the potential to transform trade finance by solving a piece of the puzzle that will permit market participants to ditch paper trade documentation and move to digital. It is still early days for this legislation, and making the most of the opportunity it provides will require collaboration across all players in the industry. Catherine Lang-Anderson, a partner at Allen & Overy, hosts a panel of experts from the Law Commission, Lloyds Bank and current Fuse cohort member, Enigio, a tech company offering digital solutions for trade finance. Professor Sarah Green, the Law Commissioner for Commercial and Common Law at the Law Commission of England and Wales, has been instrumental in the legal developments around the digitalisation of trade. Joined by Rogier Van Lammeren, Managing Director, Head of Trade & Working Capital Products at Lloyds Bank, and Alex Waites, Executive Director at Enigio, together they discuss the background, rationale and implications of the Act, which gives digital documents the same legal recognition under English law as paper documents. They also explore the concepts of electronic trade documents and reliable systems under the Act, and how the Act will benefit businesses, especially SMEs, by reducing costs, risks and inefficiencies in trade transactions. This is part one of a two-part series, so stay tuned for the next episode, where the panel will delve into more practical aspects of complying with the new law and what's next for the industry. 

Jason Denisenko, Christopher Scarf and Vivien Liu from our regulatory team in Sydney summarise the latest developments in the saga that is Australia’s financial services licensing regime. They briefly discuss the new proposed forms of relief and exemptions available to foreign financial services providers, how they will be applicable and some of the key points that foreign entities may want to consider when applying or transitioning from existing arrangements. Update: As of 1 December, a bill including the proposed changes discussed in this podcast was introduced to Parliament. Following several years of consultations, this is a significant step for the foreign financial services licensing regime.  We will continue to monitor the progress of this bill.

In this podcast, our colleagues at A&O Consulting discuss the importance of getting your FAR implementation right, so that your accountable persons are set up for success and your internal processes are designed to be sensible and effective. Some of the key areas that will be crucial for accountable entities to consider during the transition period from BEAR to FAR. They also share key learnings and insights from the UK Senior Manager Certification Regime – the closest proxy for the future direction of our industry.

Net Asset Value or NAV financing is gaining popularity among private equity and other alternative asset managers seeking liquidity in a challenging market. In the first episode of Private Capital Perspectives, Hong Kong banking and finance partner Patrick Wong and structured finance lawyer Jamie Taylor discuss how NAV financing works, why it is increasingly in vogue among APAC investors, and the issues to consider when structuring and executing NAV deals.

In the latest podcast, Todd Fishman and Gene Ingoglia discuss the impact of the long-awaited decision on the Ripple Labs case. Read here for our client alert on this decision. In SEC v. Ripple Labs, the U.S. Securities and Exchange Commission (“SEC”) alleges that Ripple Labs, Inc. and two of its executives raised over $1.3 billion through an unregistered and ongoing digital asset securities offering (XRP). Almost immediately, this decision created a number of waves and cross-currents across the crypto ecosystem. Soon after, in SEC v. Terraform Labs, District Judge Jed Rakoff issued a decision that alleged the Terraform (UST) stablecoin and the related Luna token are investment contracts for all purposes within the meaning of the US securities laws. So where does this leave us and what do businesses need to pay attention to? Tune in to the podcast, where Todd and Gene shares their views on what next after Ripple.

In this episode of Women in Funds, Funds & Asset Management partner Emma Danforth (London) and associate William Michell (London) have an insightful discussion with Anna Budd, Senior Managing Director and Co-Head of Legal at Hines, and Ruth Jackson, Managing Director and Deputy Fund Manager at Hines. The conversation revolves around a range of diversity, equity & inclusion and career development topics, including the value of mentorship, how to thrive in a male-dominated industry, career advice to junior female professionals, and generational diversity in the workplace. About speakers Anna Budd is a Senior Managing Director and Co-Head of Legal at Hines overseeing a global team of over 40 people. Since joining the firm in 2017, she now has prime responsibility for all legal operations outside the US spanning Europe and APAC, as well as overseeing legal support for Hines’ global investment management business. Anna has significant experience in real estate investments, developments, financing, corporate transactions, as well as real estate funds and joint ventures. Anna plays a key role in Hines’ D&I efforts, most notably through her role as Co-Chair of the One Hines Women’s Network. Anna is also part of Hines’ mentoring programme, mentoring several women both inside and outside Hines. Ruth Jackson is a Managing Director and Deputy Fund Manager at Hines. She joined Hines in July 2018 and is the Deputy Fund Manager for the flagship Hines European Value Fund Series which manages c.€1.8bn of equity across the first two funds and is fundraising now for HEVF 3, raising over €1.45bn to date with final closing in November. Prior to Hines, she was the Portfolio Manager on a +€3.0 billion pan-European open-ended Fund at Invesco Real Estate for approximately 5 years. Ruth started her career, after graduating from Cambridge University, at JLL advising clients on investments and developments in central London.

Join Allen & Overy partners Gene Ingoglia and Claire Rajan as they analyze the regulatory enforcement developments in the world of AI. In this podcast,  Gene and Claire  dive into SEC Chair Gary Gensler’s speech to the National Press Club on July 17, and provide their insight on the four key areas discussed by Mr Gensler; (i) The potential for conflicts of interest; (ii) The potential for fraud and deception; (iii) The impact on privacy and intellectual property issues - so, whose data is it?; (iv) The impact on financial stability. This speech was soon followed by the SEC’s new proposed rulemaking, which Gene and Claire give their view on and how this will affect the regulation of the AI space moving forward. Gene and Claire also discuss the Fed weighing in on AI’s impact on the financial sector and the probe launched into the use of AI in the securities industry by Massachusetts Secretary of State William Galvin, by seeking information from firms using or developing AI on what supervisory procedures are in place and how they plan to use AI. 

In this episode of A&O’s sustainability podcast series, Matthew Townsend, Arthur Sauzay and Ying-Peng Chin from A&O’s International Environmental, Climate and Regulatory Law Group discuss recent regulatory developments in carbon leakage and carbon border adjustment mechanisms, in particular the EU CBAM and key global trends in this space.

In this second episode of Allen & Overy’s Market Horizons podcast series on the political agreement of the draft EU Green Bond Regulation, Maria Green, a Counsel PSL who supports A&O global securitisation practice, and Axel de Backer, a Senior Associate in A&O’s Banking & International Capital Markets practice in Brussels, look at this new Regulation from the securitisation perspective. Together, they analyse why the new European Green Bond label could present challenges for securitisation transactions and give rise to new complex disclosure considerations. In addition to this podcast, please also refer to the discussion of the draft Regulation from the mainstream debt perspective, which was covered in the podcast of 29 June 2023 “The EU Goes for gold with its Green Bond Regulation” and a related article.

In this podcast, Kate McInerney and Louisa Innes-Wilkin discuss the key upcoming changes to Solvency II, and in particular, the reform proposals set out in the Consultation Paper published on 22 June 2023 (CP 12/23). 

In this podcast, our tax experts explore some practical implications that Pillar Two could have on M&A transactions and documentation.  Tax PSL Counsel Brin Rajathurai discusses various topics with Tax Partner Godfried Kinnegim and Tax Counsel Gareth Banfield, including: A refresher on Pillar Two and where we are with implementation Pillar Two's impact on documentation and risk allocation in M&A transactions and joint ventures Understanding Pillar Two's wider impact on deal structure, pricing, and modelling The importance of monitoring developments and having a flexible, cooperative approach

The response of individual banks and the wider banking industry to climate change is coming under increasingly intense scrutiny from policymakers, regulators, shareholders and other stakeholders, including non-governmental organisations and the general public.   Banks are facing a rapidly expanding body of laws, regulations and guidelines that require them to disclose detailed information about their efforts to decarbonise their operations and business models. In parallel, they are being challenged to verify and validate the sustainability of ‘green’ financial products that they are developing to meet the needs of their customers around the world. As banks navigate this fast-evolving landscape, understanding and mitigating the risks of regulatory sanction and litigation relating to greenwashing and making potentially misleading claims has become a pressing priority for boards and senior management.   In the first in a series of podcasts exploring current and emerging developments shaping the future of banking, A&O partners Andrew Denny, head of the firm’s Global Business and Human Rights Practice, and Matt Townsend, co-head of the International Environment, Climate and Regulatory Law Group, join Roger Lui, partner and co-head of the Global Bank Sector team, to discuss the most significant issues and trends that directors and senior executives should consider.

In this podcast, Kate McInerney and Lucy Aconley discuss the UK Treasury’s proposal for an insurance recovery and resolution regime, and provide an update on the changes to the Financial Services and Markets Act 2000 discussed in the previous podcast.

In Indonesia, the Personal Data Protection (PDP) Bill was passed and become law in October 2022 in Indonesia. PDP Law is the first comprehensive law in Indonesia to govern personal data protection in both electronic and non-electronic systems. Albeit being passed in October 2022, in the provisions of the PDP law, there is a two year grace period to allow parties to comply with the new standards imposed.  With two-years grace period for parties to comply with its requirements, enactment of implementing regulations is forthcoming but uncertainties are still up in the air. However, that does not mean that companies cannot prepare themselves for the PDP Law.  To learn more, tune in to our data specialists, Cedric Lindenmann, Prasetyo Sukirno, Agnes Guntara’s discussion on the latest happenings in Indonesia. 

In this episode of Allen & Overy’s Market Horizons podcast series, Axel de Backer, a Senior Associate in A&O’s Banking  & International Capital Markets practice in Brussels and Danielle Kendall, a Senior Professional Support Lawyer in A&O’s International Capital Markets practice in London, discuss the potential impact of the political agreement on the draft EU Green Bond Regulation for the mainstream debt capital markets.    Together, they discuss why the new European green bond label will represent a “gold standard”, and how an issuer will be able to meet its requirements. They also cover the newly introduced voluntary approach to sustainability disclosures for bonds not using the label but marketed as environmentally sustainable or sustainability-linked bonds (SLBs). As well as the ability for issuers to continue to follow the ICMA Principles should they prefer and what changes may be made to the EU Prospectus Regulation in terms of the introduction of a new ESG disclosure Annex.

In this episode of “Beyond the Hype, The Future of Digital Assets” podcast series, our digital assets experts focus on the latest proposals to regulate institutional/wholesale digital assets products in the UK. The first quarter of 2023 has seen a flurry of new developments which are going to form the fundamental legal and regulatory building blocks in relation to this fast-growing sector. These include, for example, proposed new regulated activities regimes; new disclosure/whitepaper rules; new market abuse regimes; reforms to underlying property law; reforms to insolvency law; and proposed new industry standard derivatives documentation.  In this episode, our digital assets experts focus on the latest law and regulation of institutional/wholesale digital assets products and services, including topics such as custody of digital assets, tokenisation and derivative trends. They discuss the key issues and areas where market participants will need to be aware of the evolving design of the relevant regimes.

In this podcast, our tax and funds & asset management lawyers discuss how the OECD/G20 plans for a global minimum tax will impact private capital. Tax partner James Burton (London) and tax counsel Guilhem Becvort (Luxembourg), moderated by funds & asset management partner Emma Danforth (London), discuss various topics including: Back to basics: What is Pillar Two and how will the new global minimum tax work? Key factors that determine who is in or out of scope of Pillar Two Potential exclusions that could apply to those in the private capital sector Practical implications for those in scope and why it is important to start thinking about these new rules now.