Connected With Latham
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In each episode of Connected With Latham, we discuss ideas, developments, and trends shaping the global economy.
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Episode 61 – Drug Pricing: New OIG Guidance Reaffirms the Seven Elements of an Effective Compliance Program
In November, the Department of Health and Human Services’ Office of the Inspector General (OIG) issued new compliance program guidance that affirms OIG’s long-standing focus on the seven elements of an effective compliance program, first published in 2003. In this episode of Connected With Latham, partner Chris Schott and associate Danny Machado are joined by guest Lynn Robson of United Therapeutics. They discuss how the OIG’s compliance framework is relevant to drug manufacturers, how past enforcement actions can inform implementation of a compliance program, and how an effective compliance program can be beneficial in the enforcement context.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Nov 10, 2023
Episode 60 – PE Views: Is the CMA’s Focus on Roll-Up Transactions Here to Stay?
The UK’s Competition and Markets Authority (CMA) has increasingly asserted its jurisdiction to review private equity buy-and-build transactions, including completed deals, citing competition concerns and protection against perceived threats to consumers. With regulators in the US and elsewhere voicing similar concerns, PE firms and portfolio companies must now consider the heightened risk of enforcement action in the merger control context. In this episode of Connected With Latham, London private equity partner David Walker speaks to London counsel Ludmilla Le Grand about the CMA’s key tests for initiating review of a roll-up transaction, as well as the impact of a CMA investigation on acquirers and how private equity firms should approach merger control risk.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Nov 2, 2023
Episode 59 – SCOTUS Update: Perez v. Sturgis Secures a Supreme Court Win for Disability Rights
On March 21, 2023, the US Supreme Court ruled for Miguel Luna Perez, a Latham pro bono client, in Perez v. Sturgis. Perez, who is deaf, was repeatedly denied reasonable accommodations, including a qualified sign-language interpreter, by Sturgis Public Schools and the Sturgis Public Schools Board of Education. Lower courts had held that Perez could not proceed with an Americans with Disabilities Act (ADA) claim seeking monetary damages because he had not exhausted his Individuals with Disabilities Education Act (IDEA) remedies. A unanimous US Supreme Court held that a plaintiff need not exhaust the IDEA’s administrative processes when seeking remedies under other statutes that the IDEA does not authorize — in this case, monetary damages under the ADA. In this episode of Connected With Latham, Roman Martinez, a partner in the firm’s Supreme Court & Appellate Practice, sits down with associate Nick Rosellini and Disability Rights Michigan’s Mitch Sickon to discuss Perez’s journey to the US Supreme Court, the strategies that shaped Latham’s brief, and the experience of arguing before the highest court in the land.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Oct 24, 2023
Episode 58 – FDI Developments: M&A Security Screening in Europe's Fragmented FDI Landscape
As security interests have become increasingly important in Europe and globally, comprehensive investment control reviews are now an unavoidable element of any cross-border acquisition – with complex legal standards that vary greatly from country to country. In this episode of Connected With Latham, London private equity partner Tom Evans speaks to Hamburg counsel Jana Dammann de Chapto and Brussels counsel Philipp Studt about the increasing volume of regulations and laws regarding the Foreign Direct Investment – in particular, what we are seeing in this space, and what are the business implications.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Oct 20, 2023
Episode 57 – Drug Pricing: What Trends Emerged from the 2023 Medicaid Drug Rebate Program Summit?
Not surprisingly, the Inflation Reduction Act (IRA) and its impact on the pharmaceutical industry was a key topic when manufacturers, government officials, and other stakeholders convened in Chicago for the annual Medicaid Drug Rebate Program Summit. The conference’s wide-ranging agenda spotlighted key questions and trends emerging from the Centers for Medicare and Medicaid Services’ recent activity, including the publication of the first group of drugs selected for negotiation under the IRA and the release of a proposed Medicaid regulation earlier this summer. Representatives from the Federal Trade Commission emphasized the agency’s interest in pharmacy benefit managers, while the Office of the Inspector General explained that the IRA will be a key focus in the coming year. In this episode of Connected with Latham, partner Chris Schott and associate Danny Machado recap their biggest takeaways from the Summit, and discuss how the IRA will continue to shape the pharmaceutical sector.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Sep 27, 2023
Episode 56 – M&A Views: Avoiding Buyer’s Remorse in M&A Deals
The buoyant market of 2021 and early 2022 resulted in compressed deal timelines and frenzied competition, causing many deals to be signed with fewer buyer protections and less information about target businesses. The aftermath of this M&A surge has seen a rise in post-closing discoveries of target company issues, compounded by ongoing macroeconomic and geopolitical challenges. Yet acquirers suffering from “buyer’s remorse” have options. In this episode of Connected With Latham, London M&A partner Beatrice Lo speaks to fellow London partner Nell Perks and associate Leah Adeniran about how to address — and avoid — buyer’s remorse in M&A deals.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Sep 21, 2023
Episode 55 – Insurtech: What Should Startups Do After Receiving FCA Authorization?
Startups in the insurtech sector have found increasing success in obtaining authorization from the Financial Conduct Authority (FCA). Yet the requirements to achieve such success can complicate a startup’s operations, from early pressure on resources and staffing to regulatory obligations. In this episode of Connected With Latham, partner Shing Lo and associate Gabriel Lakeman discuss how insurtech startups should navigate the nuances of an FCA authorization, including evolving regulations and investor inquiries, in order to maintain their startup ethos and develop a strong compliance culture, positioning their business for growth.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Sep 15, 2023
Episode 54 – Drug Pricing: Focus on Best Price — CMS Proposed Rule, Inflation Reduction Act
In a proposed rule issued earlier this summer, the Centers for Medicare & Medicaid Services (CMS) suggested expanding the scope of combining, or stacking, discounts when determining best price. Meanwhile, the Inflation Reduction Act amended the statutory best price definition to include maximum fair prices negotiated under CMS’s new Medicare price negotiation authority. In this episode of Connected with Latham, partner Chris Schott and associate Danny Machado explain how CMS’s proposed rule on best price stacking differs from past interpretations, and discuss possible ways CMS could implement the Inflation Reduction Act’s statutory change to the best price definition.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Aug 30, 2023
Episode 53 – Energy & Infrastructure: Can Sustainable Finance Fuel the Energy Transition?
As more energy and infrastructure companies commit to sustainability targets amidst the energy transition, sustainable finance options, such as green bonds, increasingly offer a viable alternative to traditional financing for projects across the globe. Still, with enhanced regulatory scrutiny, concerns of greenwashing, and ESG-related litigation, companies considering sustainable finance must pay careful consideration to the structure of their financing instruments. On this episode of Connected With Latham, Dubai partner and global coordinator of Latham’s Sustainable Finance Practice, Ed Kempson, speaks with London associate Chidi Onyeche and New York associate Giulia Franzoso about the role sustainable finance can play — and the potential it can unlock — in financing the energy transition.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Aug 21, 2023
Episode 52 – Drug Pricing: Could a Single Reference Price Apply Across a Therapeutic Class?
The policy conversation related to reimbursement rates for drugs has recently turned toward pricing for entire therapeutic classes, rather than assessing the value of an individual drug. Two recent developments emphasize a growing call for establishing a single payment rate for therapeutic classes: the Medicare Payment Advisory Commission’s (MedPAC) June report to Congress, and the Centers for Medicare & Medicaid Services (CMS) final guidance for the negotiation provisions of the Inflation Reduction Act. In this episode of Connected With Latham, partner Chris Schott and associate Danny Machado discuss the emerging policy signals for assessing value across therapeutic classes, rather than for individual products.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Jul 31, 2023
Episode 51 – Drug Pricing: Final IRA Price Negotiation Guidance – How CMS Addressed the Part D/B Problem
The Centers for Medicare & Medicaid Services (CMS) recently published its final guidance to implement the drug price negotiation provisions of the Inflation Reduction Act. While retaining the active moiety/active ingredient approach to identifying drugs subject to negotiation, CMS now will only include those products with historic or likely Part D utilization in negotiations in 2026. This is intended to avoid subjecting Part B drugs to the process sooner than the statute provides. In this episode of Connected With Latham, partner Chris Schott and associate Danny Machado of the firm’s DC office explain how CMS structures its final guidance and what questions remain for drug manufacturers.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY 10020, Phone: 1.212.906.1200
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Jul 14, 2023
Episode 50 – PE Views: Under New Reforms, Is the Customer Always Right?
Consumer-facing companies face an increasingly complex UK regulatory landscape as multiple regulators place the spotlight on consumer rights and protections. A raft of new legislation focused on “good consumer outcomes” is set to impact businesses and PE sponsors, heightening enforcement and censure risks including fines, public sanctions, and consumer redress. In this episode of Connected With Latham, London private equity partner David Walker speaks to London counsel Becky Critchley about the impact of forthcoming regimes, and how PE firms can meet a higher standard of compliance set by these financial services reforms.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do…
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Jun 20, 2023
Episode 49 – PE Views: Will Greenwashing Rain on the UK PE Parade?
Amid concerns of exaggerated or misleading sustainability claims, the UK Financial Conduct Authority’s (FCA) proposal for new labelling and disclosure rules for sustainability claims has put a spotlight on a growing range of greenwashing risks. Private equity firms should evaluate the latest wave of new rules and requirements being enacted and contemplated as regulators across jurisdictions look more carefully at green claims. Although regulatory authorities increasingly seek to hold regulated firms to account for exaggerated credentials and misstated investment policies, several options exist for private equity to go beyond general compliance and mitigate greenwashing risks. In this episode of Connected With Latham, London private equity partner David Walker speaks to fellow London partner Nell Perks, and London associate Anne Mainwaring, about the implications of rising scrutiny of greenwashing, and how private equity firms should respond.
This podcast is provided as a service of…
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Apr 27, 2023
Episode 48 – M&A Views: Will UK-Bound M&A Need to Come to US Terms?
Global M&A deal volumes have dipped at the start of Q1 2023, yet UK-bound M&A activity is expected to be one of the year’s highlights as overseas buyers seek out attractively priced British public and private targets. Within this activity, US buyers’ deal term preferences are likely to impact private UK M&A. So transatlantic dealmakers will find it increasingly important to understand both UK and US expectations. In this episode of Connected With Latham, London M&A partner Beatrice Lo speaks to associate Jennifer Cadet about the core expectations of UK sellers and US buyers. They discuss which preferences will emerge as the new norm in coming deals, and the implications that dealmakers should consider.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assu…
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Apr 17, 2023
Episode 47 – Real Estate Realities in Europe: Expensive Money and the Power of Private Equity
As interest rates soar to the highest rates in a decade, European real estate buyers and sellers are struggling to makes economic deals — transaction volumes in Europe fell by 44% in the last year. Despite a comparatively down year in fundraising for real estate funds, some €80 billion has already been raised for real estate acquisitions, in contrast to the situation in the 2008 global financial crisis where there was a lack of dry powder. And investors, including sovereign wealth funds, that will not need financing, may be in a strong position to acquire real estate assets at favorable prices. In this episode of Connected With Latham, New York partner Michelle Kelban, Global Co-Chair of Latham’s Real Estate Practice, speaks with Private Equity Real Estate partners Carsten Loll from Latham’s German offices and Rafael Molina from the Madrid office about the outlook in their respective markets and the European market generally.
This podcast is provided as a service of Latham & W…
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Mar 30, 2023
Episode 46 – PE Views: PE Must Strike the Right Balance With Unions
Widespread economic pressure — including pay, inflation, and the ongoing cost of living crisis — has increased union visibility. As the number of workers interested in union membership grows and the frequency of strikes surges in the UK and elsewhere, PE deal teams should remain mindful of the presence and role of unions in M&A. In this episode of Connected With Latham, London private equity partner David Walker speaks to associate Paul Lawrence about the impact of unions and works councils on PE transactions, and the importance of building a positive relationship with workers and their representatives early.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant…
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Mar 8, 2023
Episode 45 – Will Insurtech Reach New Heights in 2023?
Insurtech has become a darling of both traditional players in the insurance market and disruptive fintech operations. The coming year looks to continue this trend, with companies looking to insurtech as a venue for penetrating new markets. Yet as insurtech’s attractiveness continues to grow, potential investors will need to navigate a highly regulated industry and new regulatory considerations on the horizon. In this episode of Connected with Latham, partners Beatrice Lo and Shing Lo and associate Gabriel Lakeman discuss the path for insurtech to capture a larger market share in 2023, as well as recent regulatory developments that new and seasoned investors in the industry will need to address.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that th…
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Jan 20, 2023
Episode 44 – PE Views: Private Equity Looks to Share-Based Schemes to Incentivise Non-Managerial Staff
Equity and co-investment opportunities have long served as tried and tested strategies for buyout firms seeking to incentivise management and align key management interests with those of the PE sponsor. However, PE sponsors in the US have recently received credit for extending share ownership opportunities beyond key management — and in some cases, to all employees — using innovative employee incentive schemes. Amid the ongoing cost-of-living crisis, the “great resignation,” and increased investor focus on ESG credentials, will more PE sponsors explore share-based incentive schemes as a way to reward and retain non-managerial portfolio company staff? In this episode of Connected With Latham, London private equity partner David Walker speaks to fellow London partner Kendall Burnett about key considerations for an array of scheme structures that PE firms may employ.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorn…
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Nov 1, 2022
Episode 43 – Energy & Infrastructure: The Drivers and Opportunities of Asia’s Digital Infrastructure Boom
Digital infrastructure has become a basic component of all economies, and growth economies in particular. For many countries in Asia, digital infrastructure will drive development as much as power and water supply – particularly in Singapore, Indonesia, Vietnam, and India, which have the potential to be serious players in the global tech industry. What deal structures and investors are now playing in the region’s digital infrastructure development? And what regulatory trends present opportunities going forward? In this episode of Connected With Latham, we continue our Energy & Infrastructure series with a look at the current and future state of the Asia-Pacific digital infrastructure boom. Singapore partner Don Stokes speaks with fellow Singapore partner James Clayton-Payne and Hong Kong partner Kieran Donovan on the trends they are seeing in the market.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client rela…
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Jul 11, 2022
Episode 42 – PE Views: Has Rethinking Cannabis Sparked PE Interest?
Not long ago, the prospect of significant PE investment in the cannabis industry would have been unthinkable for many. However, recent regulatory and legal developments have created opportunities for medical cannabis businesses and legalised new non-medical cannabis applications in many jurisdictions. Buyout firms have shown significant appetite for these deals, investing US$3.54 billion into the cannabis sector in 2021 across more than 200 transactions, according to Pitchbook. In this episode of Connected With Latham, London private equity partner Tom Evans speaks to Paris and Brussels healthcare & life sciences partner Eveline Van Keymeulen about how firms now have scope to embrace growing medical and consumer interest in cannabis in certain jurisdictions, while in others, such as the US, evolving legal restrictions continue to challenge investors.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship…
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Jun 9, 2022
Episode 41 – PE Views: Why Do Music Deals Sound So Attractive to PE?
Music deals, particularly the acquisition of rights to songs and recordings by popular music artists, remain attractive investments for PE. The continued popularity of global streaming services and the music rental economy have helped to reduce the threat of online piracy, made revenues easier to track and predict, and ensured that strong revenues continue to flow to rights holders. Music rights will likely become even more attractive as revenues are increasingly derived from a growing number of sources, including social media platforms, video games, exercise platforms, video streaming, and virtual reality. Yet PE investors should note the complex tune of music deals, considering the depth and size of catalogues, re-recording risks, and range of sellers involved. Still, as the use of popular music continues to broaden, rights holders will reap the dividends. In this episode of Connected With Latham, London private equity partner Tom Evans speaks to London entertainment, sports, and med…
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Apr 28, 2022
Episode 40 – PE Views: Could PE Benefit From the Universal Adoption of “Super Senior” RCFs in Leveraged Financings?
Undrawn revolving credit facilities (RCFs) serve as essential parachutes to private equity. They are a backup in the event of mismatches in the working capital cycle, they provide comfort for a rainy day, and they preserve swift access to deal-making when other financing sources are unavailable, or less easily accessible. The COVID-19 pandemic clearly proved the importance of undrawn RCFs to private equity. At the onset of the pandemic, credit markets gummed up and businesses worldwide grappled with evaporating liquidity, while leveraged companies dashed for cash and drew revolving lines. In this episode of Connected With Latham, London private equity partner Tom Evans speaks to London capital markets partner Francesco Lione on how elevating RCFs to “super senior” status could correct the imbalance between high demand by private equity and short supply by banks.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney cli…
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Feb 15, 2022
Episode 39 – New FDA Commissioner Dr. Califf: What His Appointment Means for the Regulated Industry and What to Watch for in 2022
Now that the US Senate has confirmed Dr. Robert Califf as Commissioner of the US Food and Drug Administration, a position he held briefly in the Obama Administration, we turn to the priorities and perspective he is likely to bring to the agency. Making big data, including from electronic health records, useful for research and sufficient to support FDA regulatory decision-making emerged as a major theme from Califf’s Senate testimony. How might he employ big data to achieve his stated goals of improving emergency preparedness and response, modernizing the FDA, and ensuring the safety of FDA-regulated products already on the market? In this episode of Connected With Latham, New York partner Nathan Ajiashvili discusses this question and more with Washington, D.C.-based Healthcare & Life Sciences partners John Manthei, Global Chair of the practice, and Ben Haas, as well as associate Nathan Beaton.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast…
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Feb 14, 2022
Episode 38 – PE Views: How are ESG Regulatory Reforms and Investor Focus Shaping the Market?
Market sentiment and the increasing importance of environmental, social, and governance (ESG) to firms’ competitiveness across the market, combined with wide-ranging and rapidly developing ESG regulatory reforms, are driving increased focus on ESG at both LP and GP levels across Europe. As a result, the market is showing demand for enhanced diligence, and a wider range of deal provisions are being considered in light of their potential to enhance the ESG outlook of PE investments. In this episode of Connected With Latham, London private equity partner Tom Evans speaks with London associate Anne Mainwaring, who specializes in ESG financial services regulation. They discuss private equity firms’ opportunities to move toward a more holistic approach to tackling ESG matters on transactions.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not sen…
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Jan 10, 2022
Episode 37 – Energy & Infrastructure: What’s Behind The Wave of ESG Shareholder Activism?
After years of garnering little attention, environmental, social, and governance (ESG) matters are now top-of-mind for institutional investors – and are beginning to drive activist campaigns. What is behind this wave of ESG activism? And what can companies do to prepare for the possibility of an ESG-driven activist campaign? In this episode of Connected With Latham, we continue our Energy & Infrastructure series with a look at how company boards and management are navigating the choppy waters of ESG-related activism. Lauren Anderson, a private equity partner in Houston, speaks with Christopher Drewry, a Chicago partner and a leader in the firm’s Activism Defense Practice, and Tiffany Campion, a Senior Attorney in Chicago who focuses on takeover defense and shareholder activism, about the trends they are seeing.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LL…
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Jan 4, 2022
Episode 36 – Fintech Focus: The Year in Crypto – What Changed and What Comes Next in 2022?
In 2021, the outlines of emerging crypto legal and regulatory regimes became steadily clearer. In the US, new regulators brought a fresh perspective and new enthusiasm for investor protections, with parallel efforts gaining traction in Congress. Across the Atlantic, the European Commission adopted a digital finance package and will soon ratify the Regulation on Markets in Crypto-Assets (MiCA) framework. In this episode of Connected With Latham, Hong Kong partner Simon Hawkins, London partner Stuart Davis, and New York partners Yvette Valdez and Stephen Wink, Co-Chairs of the firm’s Global Blockchain & Cryptocurrency Task Force, join together to review the legal and regulatory developments in crypto from 2021, and look ahead to the direction of travel in 2022.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to…
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Dec 14, 2021
Episode 35 – PE Views: Is Gaming the Next Level for Private Equity?
Global video game revenue in 2020 jumped by 20% to US$179.7 billion, making the sector larger than the film and North American sports industries combined. And this uptick in gaming is no temporary spike; market forecasts project 10.2% annual growth through 2025. Venture capital firms have enjoyed success in the video game space, which is likely to generate a pipeline of acquisition opportunities for private equity buyers. In this episode of Connected With Latham, London private equity partner Tom Evans speaks with Bay Area M&A partner Greg Roussel about what private equity firms should consider when getting into the gaming space.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, w…
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Dec 2, 2021
Episode 34 – Fintech Focus: What’s Next for Hong Kong and Singapore in 2022?
The sixth annual Hong Kong and Singapore fintech events, both held in November 2021, revealed key new initiatives, regulatory developments, and market trends that will play out in 2022 and beyond. In Singapore, the Monetary Authority (MAS) released its initial assessment of the economic case for launching a retail central bank digital currency (CBDC), while in Hong Kong, the Monetary Authority issued a technical whitepaper on creating its own CBDC. The regulators also laid out steps to encourage fintech innovation and refine crypto regulations. The interaction between ESG and the fintech also emerged as a key theme. In this episode of Connected With Latham, Simon Hawkins, Hong Kong partner and Co-Chair of the firm’s Global Blockchain and Digital Assets Task Force, joins Singapore partner Farhana Sharmeen to review key developments and discuss the outlook for 2022.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney cli…
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Nov 19, 2021
Episode 33 – PE Views: How is Creative Collateral Use Changing PE Finance Options?
Raising fresh capital for portfolio companies in times of financial stress is always a delicate balancing act between attracting new lenders and maintaining the strategic support of existing creditors. The almost instantaneous halt in cash flows and scramble for new capital injections precipitated by the COVID-19 pandemic has significantly changed traditional approaches to collateral — giving rise to new financing opportunities for sponsor-backed deals and businesses. Regardless of debt market buoyancy, these new financing techniques are here to stay, having demonstrated value in overcoming creditor skepticism during times of economic uncertainty and bringing a new way to increase leverage. In this episode of Connected With Latham, London private equity partner Tom Evans speaks with London capital markets partner Francesco Lione about this shift in the debt finance markets and how PE dealmakers can work with legal counsel to take advantage of the opportunities these creative structur…
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Nov 10, 2021
Episode 32 – PE Views: Will UK IPOs with Dual Class Shares Surface New PE Opportunities?
The UK has now seen several public listings with dual class share structures, including most the £5.4 billion IPO of The Hut Group, which had a “special” share for the founder. With the UK government keen to increase the marketability of UK listings following Brexit, we anticipate that US dual class deal architecture is likely to be featured on a growing number of London listings — a development that could benefit PE firms and founder managers seeking to retain a greater governance role post-IPO. In this episode of Connected With Latham, London private equity partner Tom Evans speaks with London capital markets partner Chris Horton about the opportunities this trend may present to private equity participants active in the UK.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While w…
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Nov 3, 2021
Episode 31 – PE Views: How is Growth Equity Connecting PE and VC?
Emerging companies have historically been backed by venture capital funds, but as Europe’s startup scene matures, involvement by more traditional private equity investors is growing, particularly in the tech, consumer, and digital health sectors. Recent PE investments in emerging companies include stakes in Wolt, Moonbug Entertainment, Zwift, Klarna, Epic Games, and Oatly demonstrating the range of opportunities available to PE sponsors in this space. While PE investors are increasingly familiar with VC deal dynamics, they are also pushing to align growth-deal terms more closely with traditional buyout concepts. In this episode of Connected With Latham, London private equity partner Tom Evans speaks with London emerging companies partner Mike Turner about what PE investors can expect when pursuing growth equity investments, from board representation to exit.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client re…
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Oct 6, 2021
Episode 30 – PE Views: Has the Pandemic Increased Whistleblowing Risks?
As global businesses react to the pandemic and social movements, private equity firms should remain watchful for whistleblowing issues involving both portfolio and target companies. There is now simply more to blow the whistle on, from workplace health and safety issues and misuse of government furlough schemes, to racial equity and sexual harassment concerns. How can PE firms and their portfolio companies mitigate such risk? In this episode of Connected With Latham, London private equity partner Tom Evans speaks with Sarah Gadd, an Executive Compensation, Employment & Benefits partner in London, about how firms and their companies can maintain compliant environments and take the proper precautions to reduce the odds of whistleblowing claims — saving firms time and cost, while reducing the risk of reputational damage.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watki…
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Oct 1, 2021
Episode 29 – Energy & Infrastructure: What’s Driving the Oil & Gas Evolution in Europe?
As commodity prices recover from pandemic lows, deal activity in the oil and gas sector is heating up across Europe. A number of factors are contributing to this deal-friendly environment, most notably the acceleration of the transition to renewable and low-carbon energy and the appetite for such changes in the capital markets. European majors are diversifying rapidly and looking to combine; meanwhile, US majors are surveying the market in Europe. Across the industry, companies continue to search for ways to reduce the carbon intensity of their operations. All of this creates scope for more and larger mergers. In this episode of Connected With Latham, we continue our Energy & Infrastructure series with a look at the oil and gas industry in Europe and how the focus on energy transition is impacting our traditional oil and gas clients and their organizations. Lauren Anderson, a private equity partner in Houston, speaks with London partners Simon Tysoe and Sam Newhouse and London counsel…
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Aug 11, 2021
Episode 28 – Energy & Infrastructure: What’s the View From Inside the DOE Loan Programs Office?
Jigar Shah is the recently appointed Executive Director of the Loan Programs Office at the US Department of Energy. He brings a robust resume to the position, as co-founder of Generate Capital and founder of SunEdison, two innovative renewable energy finance organizations. He is also well-known for his time co-hosting GreenTech Media's The Energy Gang Podcast. In this episode of Connected With Latham, San Diego project finance partner Omar Nazif and Washington, D.C.-based of counsel Michael Gergen speak with Shah about the Title XVII federal loan guarantee program and how it is evolving, as well as practical considerations for companies consider applying for loan guarantees. They also discuss the Loan Programs Office’s involvement in the Biden administration’s offshore wind and electric vehicle infrastructure efforts.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Wat…
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Jul 7, 2021
Episode 27 – Energy & Infrastructure: How Will EP4 Affect Projects in High-Income Countries?
The Equator Principles set a minimum standard for lender due diligence and monitoring to support environmentally and socially responsible decision-making when financing projects. The latest iteration, known as EP4, came into effect in October 2020 and makes significant changes affecting lenders and sponsors – most notably for projects in high-income countries, such as the US and UK. Under EP4, project sponsors need to engage early in developing an environmental and social impact assessment, among many other considerations, for projects in such countries. In this episode of Connected With Latham, London finance partners Matthew Brown and Chirag Sanghrajka speak with Los Angeles counsel Josh Marnitz about the consequences of EP4 for lenders and sponsors, and how they can keep projects on schedule by planning for EP4 compliance.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham…
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May 25, 2021
Episode 26 – Energy & Infrastructure: Will the Market Sustain Its Interest in Sustainability-Linked Bonds?
The interest in and availability of ESG-focused investments has exploded in recent years. Last year, the International Capital Markets Association published its Sustainability-Linked Bond Principles, allowing the creation of debt products that hold issuing companies accountable to achieving independently certified sustainability or ESG objectives. Unlike “green bonds”, which require proceeds to be used strictly on green projects, sustainability-linked bonds focus on outcomes rather than specific investments. And, so far, investors are eager to utilize them. So, who is likely to pursue this type of bond? Are companies getting more favorable pricing? Is the new US political and regulatory environment accelerating demand? In this episode of Connected With Latham, Lauren Anderson speaks with fellow Houston partners David Miller and Trevor Lavelle about the growth of green financing and the rapid uptake of sustainability-linked bonds in the debt capital markets, as well as prospects for…
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Apr 30, 2021
Episode 25 – Fast Track to IPO: Why Are Series A Startups Snatching Topflight CFOs?
Startups and scale-ups in Europe’s tech and life sciences sectors have flourished dramatically over the past year, fueled by pandemic-induced demand and a wall of investor cash. Early funding rounds are getting bigger, while the time between rounds compresses and SPAC and other suitors come courting earlier and earlier. How can founders and investors ensure that they have the right teams and structures in place to take advantage of this environment and avoid careering out of the fast lane? In this episode of Connected With Latham, London Emerging Companies partner Mike Turner speaks with John Watkins, managing partner of Altima, a leading executive search firm in London that is placing CFOs at many of Europe’s emerging unicorns, about how they see clients succeeding in today’s fast-paced market.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you sho…
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Apr 14, 2021
Episode 24 – Energy & Infrastructure: How Will the Biden Administration’s Goals Affect the Energy Transition?
The Biden Administration’s climate goals are ambitious: A carbon free power sector by 2035. Net zero emissions by 2050. Targeting 40% of federal climate action benefits toward disadvantaged communities. So, what is the Administration doing to move toward these goals? And how will different energy and infrastructure sectors be impacted? In this episode of Connected With Latham, partners Omar Nazif and Lauren Anderson speak with Janice Schneider, Global Vice Chair of Latham’s Environment, Land & Resources Department and former Assistant Secretary for Land and Minerals Management at the Department of the Interior, and Nikki Buffa, counsel in the Orange County and Washington, D.C. offices and a former Deputy Chief of Staff at the Department of Interior and White House staffer. Janice and Nikki both bring deep knowledge in this area, and experience working in the federal government, which gives them terrific insight into this topic.
This podcast is provided as a service of Latham & Wat…
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Apr 1, 2021
Episode 23 – Energy & Infrastructure: Renewables Driving Change in the Investment Landscape
Macro market shifts as part of the energy transition are spurring investors, sponsors, and even traditional oil and gas producers to move in new directions. There is an increase in wind and solar projects being funded, with private equity demonstrating a parallel interest in renewables. Given the intermittent nature of these energy sources, developers and investors are also increasingly interested in energy storage, specifically battery technologies. However, the sector may remain dependent on government tax incentives in the US and EU. Shifts from combustion engines to electric engines are also likely to attract capital, while carbon capture and renewable hydrogen projects may provide opportunities for oil and gas producers. In this episode of Connected With Latham, the first in our Energy & Infrastructure series, we assemble a cross-disciplinary group of Latham partners to explore different aspects of the transition to a low-carbon economy. Lauren Anderson, a private equity partner i…
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Mar 11, 2021
Episode 22 – PE Views: Foreign Investment Controls – Are We Seeing a More Nuanced Approach to Private Equity?
Governments’ desire to control investments by businesses from purportedly hostile nations has led to more investments being stalled or blocked in recent years. Recent moves to tighten FDI screening rules during the COVID-19 crisis accelerated this trend. While more and more countries are introducing or expanding their FDI screening regimes, well-established regimes (such as that operating in the US) are maturing and offering exemptions that may prove helpful to some private equity investors — while also creating new complexities. In this episode of Connected With Latham, London private equity partner Tom Evans discusses the obstacles and opportunities created by these changes in FDI regimes with London antitrust and competition partner Jonathan Parker, author of UK Merger Control and a leading authority on global FDI issues.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latha…
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Mar 3, 2021
Episode 21 – Healthcare Tech: How Are Licensing Agreements Bridging the Industry Divide?
As the healthcare and technology sectors converge to create revolutionary new products and innovations, companies operating in very distinct regulatory and business environments must find ways to adapt and cooperate. When non-registerable IP, such as software and data, feed patented medical inventions to produce personalized medicine, how have licensing agreements evolved to allow for such inventions to be developed and commercialized? In this episode of Connected With Latham, London partner and Global Vice Chair of the firm’s Healthcare & Life Sciences Industry Group Robbie McLaren, Bay Area partner and Global Vice Chair of the Healthcare & Life Sciences Practice Judith Hasko, and Bay Area associate Jekkie Kim, discuss how convergence licensing agreements have evolved in the life sciences industry to accommodate the sharing of data and technology, and the new products at the center of these transactions.
This podcast is provided as a service of Latham & Watkins LLP. Listening to th…
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Feb 24, 2021
Episode 20 – Healthcare Tech: How Will the FDA Regulatory Framework Adapt to AI?
Artificial intelligence (AI) is a burgeoning sector for investors and companies alike, but the unclear regulatory landscape for the use of AI in healthcare may cause headwinds that prevent it from achieving its full potential. The US Food and Drug Administration (FDA) asserts broad authority over medical devices, from toothbrushes to high-tech implants, under a decades-old regulatory framework. Recent advances in medical technology, including use of AI and machine learning, which are becoming increasingly integrated into traditional products and have accelerated the creation of novel devices that have the potential to revolutionize healthcare, but are nonetheless subject to a dated regulatory regime that in some ways is ill-suited to this cutting-edge technology. How must the FDA evolve its regulatory framework to realize the untapped potential of AI and machine learning, and what actions has it taken to date to support these technological advances? In this episode of Connected With La…
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Feb 18, 2021
Episode 19 – Copyright & Brexit: How Will Article 15 of the EU Copyright Directive Affect Publishers and Platforms?
Under Article 15 of the EU’s Copyright Directive, “information society service providers” must compensate “publishers of press publications” for the use of news articles, photos, and video. Translation: social media companies and search engines will need to pay up when users access news through their platforms. Yet, exactly how this transformation of the online news businesses is to take place remains to be seen. Will short excerpts and links count? Can search engines and platforms get around this provision by imposing their own terms? How can publishers begin to take advantage of Article 15? In this episode of Connected With Latham, London partner Deborah Kirk speaks with Paris partner Adrien Giraud and London associate Elva Cullen about the future of Article 15 and what press publishers and online service providers can do to navigate the changing landscape of online news.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not crea…
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Feb 16, 2021
Episode 18 – Tech Trends: Has the Tide Turned for Transatlantic Data Transfers Post-Schrems II?
After the EU’s top court invalidated the Privacy Shield and cast doubt on the use of the model clauses in certain circumstances with consequences for global business, EU Business that use US service providers and US business that target US users across all industries. We explore the background to the decision, the current status of the existing transfer mechanisms, the guidance coming out of the European Data Protection Boards and new model clauses from European Commission and discuss whether the new Biden Administration will agree to changes to US privacy and surveillance to protect the privacy rights of EU individuals. We conclude by looking at the practical steps business should take to stay compliant and prepare for changes ahead in a time of uncertainty. In this episode of Connected With Latham, Bay Area partner Michael Rubin, a leader of the Data Privacy & Security Practice and Global Vice Chair of the Technology Industry Group speaks with Gail Crawford, London partner and Glob…
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Jan 26, 2021
Episode 17 – Copyright & Brexit: Will the UK Copy the EU Directive or Develop Its Own Regime?
The EU Copyright Directive, now implemented in Europe, did not “break the internet” as some feared, but has been controversial. With the longstop implementation date for EU Member States falling after Brexit, the UK need not and will not implement the directive. What does this mean for the future of copyright law in the UK, and what does the divergence of EU and UK law mean for companies navigating the regulatory landscape? In this episode of Connected With Latham, Deborah Kirk, London partner and Global Vice Chair of the Technology Industry Group and London associate Elva Cullen discuss the Copyright Directive and the effect Brexit will have on copyright policy in the UK.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this po…
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Jan 21, 2021
Episode 16 – Insolvency Reform: Spotting and Mitigating Future Risk in Supply Relationships
With insolvency alone no longer valid grounds for severing most commercial contracts in the UK, how can suppliers and customers spot early warning signs of counterparty distress and head off future risk? This podcast is the second in a series of three considering the impact of the UK’s new Corporate Insolvency and Governance Act, as well as existing insolvency-related regimes in the UK and the US on commercial contracts. In this episode of Connected With Latham, Andrew Moyle, Data and Technology Transactions partner, talks with London partner Christian McDermott, Washington D.C. associate Morgan Brubaker, and London associate Kristy Watkins about the practical application of the UK and US insolvency regimes with respect to commercial agreements and the ways in which you can protect key contractual arrangements in the event of financial distress.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship be…
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Jan 13, 2021
Episode 15 – Healthcare Tech: What Legal Pitfalls Should Tech Companies Avoid As They Jump Into Healthcare?
The US regulators have been particularly focused on new players in the health tech space and the novel regulatory issues their products present within the existing legal framework. While the market is ripe with opportunity for innovative healthcare delivery models, tech companies should proceed with caution and ensure they understand the complex rigors and requirements of US healthcare regulations and enforcement regimes. In this episode of Connected With Latham, Washington D.C. partner John Manthei, Global Chair of the Healthcare & Life Sciences Practice, speaks with Terra Reynolds, Global Vice Chair of the firm's Healthcare & Life Sciences Industry Group, and David Tolley, Chair of the firm’s Litigation & Trial Department in Boston, about the regulatory risks for tech companies transitioning to healthcare.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, an…
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Jan 7, 2021
Episode 14 – Fintech Focus: Crypto in the Crosshairs – What Regulatory Themes Characterized 2020?
Throughout 2020, cryptocurrencies experienced incremental progress towards the mainstream as institutional investors and financial institutions made positive statements about the nascent asset class, an increasing number of jurisdictions sought to establish frameworks to decisively regulate the issuing and trading of cryptocurrencies and, in some markets, regulatory enforcement continued apace. However, questions remain around the regulation of decentralized networks and whether enhanced regulatory regimes will reduce regulatory arbitrage and jurisdiction shopping. In this episode of Connected With Latham, as part of our “Fintech Focus” series, Hong Kong counsel Simon Hawkins discusses developments in crypto regulation in Europe, the US, and Asia, as well as related trends from 2020 with New York partner Yvette Valdez and London partner Stuart Davis, two leaders in the firm’s Fintech Industry Group.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this…
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Dec 18, 2020
Episode 13 – Fintech Focus: How Did Singapore Solidify Its Position as a Leading Fintech Hub in 2020?
In 2020, Singapore solidified its position as a leading center of fintech innovation, as the country continued to advance legislation and regulations to facilitate innovation and hosted the world’s largest fintech event in December. From new payment services and digital bank regimes to the launch of a crypto-asset trading platform by a major bank, Singapore saw traditional financial institutions playing an increasingly important role in fintech innovation. In this episode of Connected With Latham, part of our “Fintech Focus” series, Hong Kong counsel Simon Hawkins, Global Co-Chair of the firm’s Blockchain and Cryptocurrency Task Force, speaks with Singapore partner Farhana Sharmeen about what we learned from Singapore in 2020, and what we can look forward to in 2021.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential i…
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Dec 16, 2020
Episode 12 – Fintech Focus: Payments During the Pandemic – What Key Legal and Regulatory Themes Emerged During 2020?
2020 has been another year of growth for fintech and payments, as economies became increasingly cashless and alternative payment products and regulations proliferated. What is driving alternative payments products and networks like stablecoins and central bank digital currencies? How have payments regulations been stress tested in Europe? What have been the key areas of regulatory change and what has been the impact of the COVID-19 pandemic on payments? In this episode of Connected With Latham, as part of our “Fintech Focus” series, Hong Kong counsel Simon Hawkins, Washington, D.C. partner Todd Beauchamp, and London partner Christian McDermott discuss four legal and regulatory themes arising in the payments industry this year, and how they will impact the landscape going forward.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confi…
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Dec 15, 2020
Episode 11 – Restructuring in Asia: How Will Chinese Bond Defaults Resolve?
With the second largest bond market in the world, China has weathered the economic downturn this year relatively well, without widespread credit dislocation. Looking ahead, will that picture change as Chinese regulators return to policy normalization, away from the accommodative stance that has sustained issuers and helped mitigate defaults? How will China defaults be resolved? In this episode of Connected With Latham, Hong Kong partner Howard Lam speaks with Kenneth Ho, Goldman Sachs’ Head of Asia Credit Strategy Research, to discuss what China bond market participants can expect in the year ahead.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee…
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Dec 14, 2020
Episode 10 – PE Views: The Lipstick Effect — Why Are Beauty Deals Increasingly Attractive for Private Equity?
Recent high-profile beauty M&A deals, coupled with economic turbulence, have brought renewed interest in the “lipstick effect” – when consumer demand for relatively affordable luxuries, such as lipstick, continues or increases during economic recessions. Indeed, the beauty market is booming as home-bound consumers seek to be “camera ready” for video calls and social media updates. In this episode of Connected With Latham, Tom Evans speaks with fellow London partner Deborah Kirk about the recent surge in private equity investment in the beauty sector, as well as the particular digital and celebrity-focused due diligence concerns unique to such deals.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate,…
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Dec 9, 2020
Episode 9 – Tech Trends: CCPA and the Next Wave of Data Privacy Regimes
Nearly a year after California’s landmark Consumer Privacy Act (CCPA) went into effect, the reach and interlocking complexity of the world’s data privacy laws continue to expand, from a maturing GDPR in Europe to additional regimes in California and beyond. How are companies adapting to the CCPA and navigating the relentlessly evolving data privacy landscape? In this episode of Connected With Latham, Gail Crawford, London partner and Global Chair of the Data & Technology Transactions Practice, speaks with Bay Area partner Michael Rubin, a leader of the Data Privacy & Security Practice and Global Vice Chair of the Technology Industry Group, to answer these questions and more.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this…
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Dec 2, 2020
Episode 8 – Corporate Culture: How to Attain Sustainable Change
Culture has become a point of focus for regulators and corporate stakeholders. The UK Financial Conduct Authority has taken a particular interest in culture and conduct within the financial services sector following the financial crisis. Companies increasingly recognise a need to measure and monitor their culture, yet struggle to do so given its amorphous nature. In this episode of Connected With Latham, London partner Rob Moulton speaks with the authors of “Culture — A Practical Framework for Sustainable Change”, London partner David Berman and associate Nell Perks, as well as Nathan Seltzer, Global Vice Chair of the firm’s White Collar Defense & Investigations Practice. The team examines how organisations are getting a handle on measuring culture, monitoring for progress, and uncovering problem areas requiring action. They also discuss various culture issues arising from the COVID-19 pandemic and what companies can anticipate as their workforces shift to a hybrid model of wor…
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Nov 17, 2020
Episode 7 – Brexit & Financial Services: Preparing for the End of the Transition Period
With the end of the Brexit transition period looming, many financial services firms are asking what they need to do between now and the end of the year to ensure regulatory compliance. In this episode of Connected With Latham, Anne Mainwaring, London associate in the Financial Regulatory Practice, joins Stephen Hanks, Manager in the Markets Policy Department at the UK’s Financial Conduct Authority, to discuss key focus areas in the run up to, as well as beyond, the end of the transition period. Focus topics include the approach to onshoring, the key MiFID II onshoring changes, and the FCA’s approach to implementation review and policy following the end of the transition period.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content…
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Oct 22, 2020
Episode 6 – Tech Trends: Tech M&A – How Has the Pandemic Changed the Market?
2020 has been a year of rapid change in how we work and live – changes facilitated by technology. Despite fewer M&A megadeals and a lower volume overall, tech stands out as an increasingly active and competitive sector. To catch up on the latest trends in the fast-paced tech M&A market, Ben Potter speaks with Bay Area M&A partner Luke Bergstrom, who has shepherded many of the largest tech deals of the past decade. In this episode of Connected With Latham, Ben and Luke examine pandemic-related market trends, how strong capital markets and the rise of SPACs are influencing tech M&A deals, and how deal terms are acclimating to this new normal.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, a…
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Oct 14, 2020
Episode 5 – Insolvency Reform: Termination on Ipso Facto of Supply Contracts
Sweeping changes to the UK’s insolvency regime became effective on 25 June 2020, curtailing the ability of parties to terminate commercial contracts for the delivery of goods and services on the grounds, ipso facto, of the other party’s insolvency. Coming in the midst of the COVID-19 pandemic, this change is particularly important for companies that depend on third-party service providers for critical business functions. This podcast is the first in a three-part series looking into the practical effects of the UK’s insolvency reforms that have rendered these ipso facto clauses unenforceable. In this episode of Connected With Latham, Andrew Moyle, Data and Technology Transactions partner, talks with London partner Jessica Walker and New York partner Adam Goldberg from Latham’s Restructuring and Special Situations team about some of the measures introduced by the UK government and the impact on commercial contracts, as well as existing insolvency-related regimes in the UK and the…
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Sep 22, 2020
Episode 4 – The ABCs of ESG: How Are Companies Going Beyond the Basics?
Environmental, social, and governance (ESG) issues continue to rise in importance for global companies, a trend driven by investors, employees, customers, and other stakeholders. How are companies approaching ESG risks and opportunities? What are the accepted ESG benchmarks? What ESG issues will predominate over the coming years? In this episode of Connected With Latham, Kristina Wyatt, Latham’s Director of Sustainability, addresses these questions and more with the Co-Chairs of Latham’s ESG Task Force, Houston partner Ryan Maierson and London partner Paul Davies.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may n…
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Jul 20, 2020
Episode 3 – Tech Trends: AI is Here. Now, can we teach the robots ethics and legal compliance?
As we move from the age of AI development to the era of implementation, governments and companies are wrestling with the ethical, legal, and business challenges of deploying AI and machine learning technology in a globally competitive environment. In this episode of Connected With Latham, Ben Potter, Global Chair of Latham’s Technology Industry Group and Global Vice Chair of the firm’s Emerging Companies Practice, talks with Bay Area partner Michael Rubin, a leader of the firm’s Data Privacy & Security Practice and Global Vice Chair of Latham’s Technology Industry Group, and recently retired Latham partner Karen Silverman, Founder and CEO of The Cantellus Group, who now consults on these issues. Michael’s and Karen’s practices are at the cutting edge of AI and machine learning, and both have extensive experience helping companies, large and small, successfully navigate this new and fast-developing era.
This podcast is provided as a service of Latham & Watkins LLP. Listenin…
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Jun 29, 2020
Episode 2 – Tech Trends: How Does Growth Debt Fuel Startups Between Equity Rounds?
In today’s competitive environment, how are startups fueling themselves between equity funding rounds as they move toward IPO? Increasingly, the answer is growth debt. In this episode of Connected With Latham, Bay Area partner Ben Potter, Global Chair of Latham’s Technology Industry Group and Global Vice Chair of the firm’s Emerging Companies Practice, explores the phenomenon of growth debt, and how emerging companies should be thinking about it with Bay Area partner Haim Zaltzman, Chair of the firm’s Finance Department in the Bay Area.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast…
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Jun 18, 2020
Episode 1 – Tech Trends: IPO or Direct Listing?
There is perhaps no better source on the topic of direct listings than Greg Rodgers, a capital markets partner in Latham’s New York office and a pioneer of this innovative approach to going public. Latham has been at the cutting edge of this product, representing Spotify in its groundbreaking direct listing and the financial advisers in Slack’s direct listing. In this episode, Bay Area partner Ben Potter, Global Vice Chair of Latham’s Emerging Companies Practice and Chair of the firm’s Technology Industry Group, talks with Greg about the genesis of the direct listing, how it differs from a traditional IPO, and what types of companies should consider the alternative path to becoming a public company.
This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to…
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