The Freshfields Podcast

Keeping you up to date on executive compensation matters. In this podcast series, the Freshfields People & Reward team discusses key topics in the executive reward space for publicly listed and private companies in 2024, including considerations for remuneration committees, transatlantic regulatory concerns, and the structure of specific incentive arrangements. In the second episode of this series, Remuneration vs Compensation – the Transatlantic Pay Debate, partner Alice Greenwell and senior associate Regina Erie discuss transatlantic reward issues and the ongoing debate about UK versus US pay practices. Alice and Regina cover topics beyond the perceived difference in executive pay levels between the UK and the US, including structural variations between the two jurisdictions in regards to tax and compensation.

In this special episode, Emma Gateaud is joined by Head of London Restructuring Richard Tett as he marks his 20th anniversary as a partner and his 30th anniversary at the firm. They discuss Richard’s life in restructuring, including his role models and career highlights, and how the market has changed over the decades.

On 25 April 2024, the UK Competition and Markets Authority (CMA) published a suite of reforms to the way in which it carries out Phase 2 merger investigations. Intended to streamline in-depth reviews, improve opportunities to engage with the CMA throughout the process and incentivise merging parties to put forward remedies at the earliest possible stage, the reforms came into effect immediately. In this episode of our Essential Antitrust podcast, host Jenn Mellott is joined by fellow antitrust partner Colin Raftery, former Senior Director of Mergers at the CMA, to discuss the changes and what they mean for deals facing in-depth scrutiny in the UK.

In this episode, Craig Montgomery and Emma Gateaud are once again joined by Tom Smith KC, to continue their discussion on UK restructuring plans. They discuss the concept of the Relevant Alternative, when is the best time for a company to present a plan and the availability of new European tools for restructurings.

The second episode of our restructuring podcast series, No Worse Off, which provides legal and commercial insights, and practical tips, on the world of restructuring. In this episode, Craig Montgomery and Emma Gateaud are joined by Tom Smith KC, to discuss some of the recent high profile challenges in restructuring plans and what we can learn from these to shape future plans.

In this podcast series, the Freshfields People & Reward team discusses key topics in the executive reward space for publicly listed and private companies in 2024, including considerations for remuneration committees, transatlantic regulatory concerns, and the structure of specific incentive arrangements. In the first episode of this series, Being prepared for the (not so) unexpected: planning for executive exits, partners Alice Greenwell and David Mendel sit down to discuss the essential considerations for remuneration committees when an executive is leaving the company. Alice and David cover exit packages and the restrictions on publicly listed companies, as well as other tricky topics for companies to be aware of.

The UK Chancellor of the Exchequer, Jeremy Hunt, has delivered the Spring Budget 2024. In a rowdy House of Commons, the Chancellor delivered what will be his last Spring Budget before a UK general election widely expected to take place in autumn this year. Further details on some of these measures are expected to follow on Tax Administration and Maintenance Day 2024 – confirmed as taking place on 18 April – but there were plenty of interesting points (and politics) in the tax policies included in this wave of announcements. In our latest podcast Jill Gatehouse, Emily Szasz, Josh Critchlow and David Haughey from our London tax team discuss some of the tax measures they found the most noteworthy in the Spring Budget 2024, including:

The first episode of our new restructuring podcast series, No Worse Off, which provides legal and commercial insights, and practical tips, on the world of restructuring. Podcast hosts Lindsay Hingston, and Emma Gateaud, in our London office, cover recent trends including the looming wall of debt maturities, liability management, contested restructuring plans and the increasing use of parallel/interlocking processes in a cross-border context.

In January 2024, China implemented significant changes to its merger control thresholds – marking the first revisions in 16 years. Coupled with last year's amendments to the Anti-Monopoly Law, they represent a comprehensive revamp of China’s merger control regime. In this episode of our Essential Antitrust podcast, host Jenn Mellott is joined by Freshfields’ Ninette Dodoo and Laurent Bougard and RuiMin’s Hazel Yin to examine these changes and their impact on filing deals for regulatory clearance in China. Their discussion features critical insights into navigating the merger control process as well as addressing sectors at risk of increased scrutiny and underscoring broader regulatory issues, including national security reviews.

Listen to the latest episode of the Freshfields MedTech podcast as partner Vinita Kailasanath and Managing Director of Ivy Tree Advisors, Jonathan Olsen, discuss key MedTech hot topics coming out of this year’s J.P. Morgan Healthcare Conference.

In our first Essential Antitrust podcast of 2024, host Jenn Mellott is joined by Alastair Chapman, Ninette Dodoo and Mark Sansom to explore some of the themes highlighted in “Global antitrust in 2024: 10 key themes”, our recent report on the biggest trends in antitrust for the year ahead. With insights from the US, UK, EU and Asia, we predict how antitrust will continue to be used as a wide-ranging tool in 2024 – from aggressive enforcement targeted at digital markets and AI to novel theories of harm in M&A, and from risks and opportunities at the intersection of antitrust and sustainability to the expansive use of abuse and monopolization claims in antitrust damages actions to pursue general consumer or unfair competition issues. Businesses that want to stay one step ahead will need a global strategy to navigate these evolving and dynamic challenges.

Boris Feldman, Freshfields Partner, interviews two of the most prominent pioneers of technology - Vinton G. Cerf, one of the ‘fathers of the internet’ and Whitfield Diffie, a leading inventor of public-key cryptography. Listen in for a fascinating discussion on the origin of technologies that have changed the course of history, and predictions for how technology will continue to change our futures.

In this episode in our Essential Antitrust Asia, Laurent Bougard speaks to Bilal Anwari and Gustaaf Reerink from ABNR Law in Indonesia, which is part of Freshfields’ StrongerTogether network. Together, they explore the evolving landscape of Indonesia's updated merger control regime, highlighting opportunities and potential pitfalls for foreign investors. This discussion will shed light on enforcement trends, potential challenges in dealing with the local regulator, and strategic insights crucial to navigating the Indonesian regulatory landscape.

President Biden’s Executive Order 14105 on outbound investment restrictions is expected to take effect in 2024. While this policy may not be the sweeping “reverse CFIUS” regime that many in industry anticipated and feared, it nonetheless represents a disruptive shift in investment dynamics for Asian and US investors. In this podcast, Ninette Dodoo is joined by Arun Balasubramanian, Aimen Mir, Alan Wang and Jonathan Zhou to discuss the nuances of this policy shift and the implications on investment strategies for Asian and US investors. They explore the strategic decisions businesses are taking to adapt to the evolving regulatory landscape when pursuing new opportunities and as they seek to thrive in an increasingly complex global investment environment.

Back in October, the global Freshfields Tax team published the Tax investigations and disputes across borders guide which, among other things, provided an overview of current trends in corporate tax disputes and gave some predictions for the future. In our latest podcast, London Tax partner Sarah Bond, Düsseldorf Tax partner Philipp Redeker and London Tax knowledge lawyer Laura Western explore these points in more detail, including:

The Digital Markets, Competition and Consumers Bill will introduce the most significant reforms to UK competition and consumer laws since the CMA was established in 2014. The Bill is on track to take effect next year and is making its way through the UK Parliament. But its passage has been far from smooth sailing and fundamental questions about the Bill remain. In this episode of our Essential Antitrust podcast, our host Jenn Mellott is joined by Sharon Malhi and Rikki Haria to explore the main features of the Bill and unpack its impact on businesses.

In September 2023, the OECD and Canadian Competition Bureau published the Gender Inclusive Antitrust Toolkit. Designed to help competition authorities apply a gender lens to enforcement, the toolkit features key conclusions on how gender can be factored into merger review, evaluation of competitive effects in conduct investigations, detection of cartels and broader public interest considerations. Our host Jenn Mellott unpacks these important and timely findings in this episode of Essential Antitrust, joined by Nicholas French, partner in London, Vanessa van Weelden, principal associate in Brussels and Morag Elwis, associate in Silicon Valley. Together, they offer insights on how the toolkit may impact competition authorities and private companies.

The UK Chancellor of the Exchequer, Jeremy Hunt, has delivered the Autumn Statement 2023. The Office for Budget Responsibility (OBR) reports that the UK economy has proved to be more resilient to the shocks of the pandemic and energy crisis than anticipated, but with growth forecasts for the next two years reduced and the UK inflation rate expected to be more persistently high, the Chancellor had only modest fiscal firepower at his disposal. That headroom was used to send a political message about the Conservative Party’s priorities, with tax cuts for both businesses and workers announced. In our latest podcast, London Tax partners Peter Clements and May Smith and London Tax senior associates Josh Critchlow and Chris Gotch discuss some of the business tax measures they found the most noteworthy in the Autumn Statement 2023, including:

With Tim Clark, Global Head of Private Funds and Secondaries at Freshfields, and Pablo Caló, Managing Partner of Fairview Capital. Join industry leaders Tim Clark and Pablo Caló as they discuss the evolution of the secondary market and share insights from their experiences. In this episode, Tim and Pablo delve into Pablo’s career arc, detailing how he ventured into secondary transactions and founded Fairview Capital. They explore the transformations in the secondary market over their careers and highlight the essential elements of successful GP-led transactions. Discover the nuances of managing potential friction with LPs and LPACs, especially regarding conflicts and expenses in GP-led deals. Tim and Pablo provide valuable advice on minimising investor franchise risk and optimising deal approval. The conversation also explores the rise of single asset continuation vehicles, addressing the shift from traditional exit tools and the significance of secondary buyers contributing dry powder for future growth. Tim and Pablo navigate the complexities of the secondary marketplace, discussing the impact of artificial intelligence, drivers behind LP-led sale transactions, and the emerging trends in regions like Asia Pacific and Latin America.

Olivia Wyld and Johanna Nerona speak at Legal Geek, a legal tech conference, about how we use legal project management and empathetic leadership to support the management of matters and to go from chaos to control.