The commercial world is always changing and the legal landscape never stands still. Keeping pace with all those changes, and knowing how they affect your organisation, is a big responsibility and a challenging task. Ashurst Legal Outlook will keep you at the forefront of the most pressing legal issues, offering insights from legal experts across our international network.
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Season 2, episode 1: What's on the horizon for FCA and PRA Enforcement in 2025?
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Season 2 of our regulatory enforcement mini-series kicks off by considering what the 2025 priorities are (and should be) for the UK's Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA). With a busy year ahead for the PRA and FCA, this episode highlights some of the issues and trends that financial services firms should watc…
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Industrious Conversations: The rebalancing of Australia's industrial relations system under Closing the Loopholes
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In the seventh and final episode for 2024 of our Industrious Conversations series, Ashurst’s Ian Humphreys and Peter McNulty explain how Closing the Loopholes changes are shifting the enterprise bargaining landscape under the Fair Work Act. Drawing on insights from Ashurst's soon to be released 2024 Bargaining Trends Survey, Ian and Peter cover key…
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World @ Work: What UK employers can learn about trade union dynamics from Australia and Asia
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In this episode, we hear from employment lawyers in Australia, Singapore, Indonesia and the UK. Together they describe and compare the industrial relations landscapes in their respective countries – and reflect on what UK employers can learn from these. Host Crowley Woodford reflects on the potential impacts of the UK’s long-awaited Employment Righ…
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Industrious Conversations: Implications of the expansion of multi-employer bargaining
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Ashurst Employment partners Stephen Woodbury and Tamara Lutvey discuss the expanded single-interest employer authorisation bargaining stream, also known as multi-employer bargaining. Together, they explain how Fair Work Act amendments have broadened the criteria for multi-employer enterprise agreements, and they explain why uptake by unions has so …
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Industrious Conversations: How Closing the Loopholes affects contractors
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In the fifth episode of our Industrious Conversations series, Ashurst’s Jane Harvey and Elissa Speight explain how Closing The Loophole changes are strengthening protections for workers who are not employees, and extending the scope of the Fair Work Commission to intervene in workforce matters. As Jane and Elissa point out, the reforms impact indep…
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UK class actions: What’s new, what’s changing and what’s coming next
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Following Ashurst’s recent conference, three experts regroup to pick out the most pressing trends and risks stemming from class actions in the UK. Jon Gale, partner at Ashurst’s Dispute Resolution practice in London, is joined by colleagues Tim West and Sarah-Jane Dobson to reflect on the highlights from the firm's recent class actions conference. …
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Industrious Conversations: Closing the Loophole changes from a corporate transactions lens
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In this, the fourth instalment of Industrious Conversations, Ashurst’s Jennie Mansfield and Jon Lovell detail the impact of Australia’s "Closing the Loophole" industrial relations changes on corporate transactions, offering critical insights into the practical impact of these developments. The discussion centres on the commercial challenges introdu…
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Industrious Conversations: Navigating changes to casual employment
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In the third episode of Industrious Conversations, Ashurst's Talia Firth and Scarlet Reid explain some notable changes to casual employment that stem from recent amendments to the Fair Work Act. These changes include the new definition of a "casual employee" under Section 15A of the Act, new requirements to issue a Casual Employment Information Sta…
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Exploring Hydrogen Markets, Episode 2 - Brazil & Morocco
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Ashurst’s Yann Alix is joined by Moroccan lawyer Gahlia Mokhtari and Brazilian lawyer Ana Carolina Calil to discuss the evolving hydrogen strategies, regulations, incentives, and major projects taking place in their respective countries. With Brazil’s government getting behind hydrogen, Ana explains new legislation regulating the main guidelines on…
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Industrious Conversations: Key changes and practical tips on protected action ballot orders
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In the second episode of Industrious Conversations, Employment Partners Julia Sutherland and James Hall discuss strategies for managing protected action ballot orders (PABOs) and protected industrial action (PIA) arising from recent amendments under the Secure Jobs, Better Pay Act. "We're seeing that even though the legal changes are relatively min…
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Episode 3: Discover Italy: from travel brochures to tax advice
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Imagine living in a country that offers you stunning landscapes, rich culture, delicious cuisine, and a generous tax regime. Sounds too good to be true, doesn't it? Well, not if you choose Italy as your destination. Should a high-net-worth individual consider moving to Italy for tax reasons? How do the nation’s Flat Tax regime and Impatriate regime…
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Industrious Conversations: Closing the loopholes on same job, same pay
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"We're all learning... new acronyms, new exceptions, how to apply these laws," remarks Employment Partner, Trent Sebbens in this debut episode of the team’s Industrious Conversations series. Trent and Employment partner Kathy Srdanovic delve into one of the most significant changes introduced by the Closing Loopholes reforms: Regulated Labour Hire …
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Episode 2: Corporate Crime update: shedding light on workplace investigations
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As the frequency and complexity of workplace investigations rises, how can employers enhance their processes to mitigate investigation risk and safeguard their people? This episode considers the challenges of workplace investigations and how companies can respond. Workplace investigations can take many forms and be triggered by many different issue…
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Episode 1: Corporate Crime update: responding to cyber threats and investigations
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With cyber threats and investigations more prevalent than ever, our expert panel considers how companies can bolster defences, meet regulations, and respond to cyber-attacks. Cyber threats come in ever-shifting shapes and forms, so how can companies keep pace? In this episode, we consider the legal and regulatory risks and discuss how best to prepa…
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Standing out in the Trainee Application and Interview Process with Khadija and Nick
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Welcome to the final episode of our new podcast mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law. In this episode of the series, trainee’s Khadija Patel and Nick Hwong bring a host of insights and tips to help those considering a career in commercia…
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Comparing EU and UK approaches to regulating big tech
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Digital companies operate globally which means they need to carefully navigate the new EU and UK digital markets regimes. In this episode, we highlight some of the key similarities and differences between the two regimes. In Europe and the UK, the regulatory landscape is shifting for Big Tech. In this episode, we compare and contrast the EU Digital…
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The power of commercial awareness with Saba
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Welcome to the third episode of our podcast mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law. In this third episode of the series, final seat trainee Saba Nasrolahi share her insights and personal experiences applying the crucial skill of commercial…
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Trainee secondments with Divya and Aoife
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Welcome to the next episode in our trainee mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law. In this episode of our trainee miniseries, Junior Associates Aoife Weir and Divya Deivanayagam share their enriching experiences of international and client…
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Digital markets, competition and consumer law – from legislation to enforcement
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The Digital Markets, Competition and Consumers Act recently received Royal Assent. So what should businesses be doing to stay informed of the Act’s rollout as the Competition and Markets Authority begins its enforcement? Fiona Garside, Chris Eberhardt, and Hayden Dunnett of Ashurst’s UK based Antitrust, Regulation and Foreign Investment Team delve …
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The Trainee Experience with Tom Segev
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Welcome to our brand-new podcast mini-series where Ashurst's trainees and junior associates share the influences and factors that have guided them on their career journeys. In our debut episode trainee Tom Segev shares his journey to joining Ashurts’s trainee program, from studying history at the University of Warwick to working at a music label, T…
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Episode 2: Inside UK Labour’s tax manifesto
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Ashurst tax experts explore Labour’s new tax landscape following their recent UK election victory. In the aftermath of Labour’s historic UK election victory, tax experts Patricia Allen, Alastair Ladkin and Sophie Lloyd shed light on some of the key tax measures likely to affect fund managers and when they are likely to be introduced during Labour’s…
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Regulatory enforcement mini-series part 6: What would you change about the Senior Managers and Certification Regime (SMCR)?
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The latest episode of our mini-series on regulatory enforcement weighs up the pros and cons of the Senior Managers and Certification Regime – and pinpoints how to improve it. In this podcast mini-series, we highlight new approaches from UK financial regulators and discuss what they might do differently to ensure that they act both fairly and effect…
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Episode 1: Untangling the complexity of Pillar Two for investment funds
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This episode answers many of the most pressing Pillar Two questions that investment fund managers are asking. As investment fund managers grapple with the potential impacts of Pillar Two legislation, a select group of Ashurst’s tax experts have compiled this podcast to demystify the details. Adnand Sulejmani offers a brief overview of the Pillar Tw…
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Regulatory enforcement mini-series: what difference will the FCA's anti-greenwashing rules make?
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The latest episode of our mini-series on regulatory enforcement considers the impact of the UK Financial Conduct Authority’s new rules that seek to prevent greenwashing. Failing to comply with the Financial Conduct Authority’s (FCA) new anti-greenwashing rules could have serious consequences for financial services firms in the UK. In this episode, …
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Regulatory enforcement mini-series: should firms be concerned about FOS complaints?
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In our continuing mini-series on regulatory enforcement of financial services firms, we pick out the issues and tackle the trends to watch - with this episode focusing on the UK Financial Ombudsman Service. Welcome to our latest episode for financial services firms and their senior management. In this mini-series, we explore how regulators and auth…
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Regulatory enforcement mini-series part 3: FCA Enforcement strategy under the new "Bad Cop, Bad Cop" double act
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In this episode of our mini-series on regulatory enforcement, we reflect on how the Financial Conduct Authority is progressing under the stewardship of Therese Chambers and Steve Smart. Welcome to episode three in our mini-series exploring new approaches from financial services regulators in the UK. In this final episode, we discuss the shift in en…
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Developments in managing and responding to sexual harassment in the workplace
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A snapshot of how employers are managing and responding to cases of workplace sexual harassment in Singapore, Indonesia, France, Spain, Germany, the UK, Australia, and Eastern Europe. Employers across the world are stepping up their efforts to prevent, manage and respond to cases of workplace sexual harassment. While the problem is widely acknowled…
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Regulatory enforcement mini-series part 2: Pros and cons of the PRA's new Early Account Scheme
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In the second part of our mini-series on regulatory enforcement, we explain how the PRA’s Early Account Scheme works, and the factors firms should consider when deciding whether or not to participate. Welcome to episode two in our mini-series exploring new approaches from financial services regulators in the UK. In this episode, we unpack details o…
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Regulatory enforcement mini-series part 1: Will the FCA change its mind on its proposal to 'name and shame' firms?
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In the first of a new mini-series on regulatory enforcement, we tackle an issue that is prompting much debate in the UK financial services industry: the FCA’s proposal to begin publicly naming firms right at the outset of investigations. This episode marks the beginning of a new mini-series exploring new approaches from the Prudential Regulation Au…
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Insolvency in construction, part 3: Adjudication and resolving disputes
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Insolvency adds an extra layer of complexity to disputes between construction companies and contractors. In this episode, we discuss how these may (or may not) be resolved through adjudication. When insolvency strikes, the path to resolving conflicts between construction companies and contractors can be much harder to navigate. Adjudication is ofte…
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Construction Insolvency - Episode 2: Downstream insolvency
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Join us for the second episode of our series focusing on insolvency issues in the construction sector. Tom Duncan, partner in Ashurst's construction disputes team, leads a discussion on the challenges faced by downstream contractors and strategies for mitigating risks in today's turbulent market. In this episode, Tom Duncan is joined by Ben Patton,…
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Insolvency in construction, part 1: Challenges for UK contractors supplying services to companies that enter insolvency
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In this episode, we discuss the legal risks and commercial difficulties for construction contractors who supply services to a company that enters insolvency. Geopolitical turmoil. Inflation. Brexit. A pandemic. Conditions were already complicated enough for contractors before the current spate of insolvencies among UK construction companies. In thi…
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The greatest enforcement threats of 2023 and the emerging risks of 2024
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In the last episode of this mini-series, the team discuss what the greatest enforcement threats have been across the globe over the past 12 months and what is likely to be the emerging areas of risk corporates must look out for in 2024. In this last installment in our Corporate Crime and Investigations Series, our international panel of experts, le…
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Real estate disputes: what to watch out for in 2024
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Ashurst colleagues Joe Perry-Courtade, Kim Clifford and Alison Hardy provide a snapshot of the trends that will shape the world of real estate disputes this year. In this episode, we take you on a whistle stop tour of the real estate dispute issues that are set to dominate headlines in 2024. In just 13 minutes, Ashurst’s Joe Perry-Courtade, Kim Cli…
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How to avoid a sanctions investigation (and prepare for the regulation of tomorrow)
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In the second episode of this mini-series, we tackle sanctions risk – including the robust systems and controls that firms require, recent enforcement actions, guidance from regulators, and unfolding geopolitical issues to watch out for. Hear an international expert panel share invaluable updates for compliance professionals and organisations seeki…
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Corporate crime and investigations: How leaders can prepare for changes to criminal liability laws
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With the UK set to introduce the most significant changes to corporate criminal liability laws for a generation, how can companies prepare? Fraud is a hot topic currently. New technologies and an economic downturn have triggered a huge uptick in these criminal offences worldwide. With new UK legislation in the pipeline to bolster efforts to prevent…
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Anti-trust and collective actions: 2023 in review
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Ashurst colleagues Anna Morfey, Tim West and Max Strasberg look back on a significant year in the world of anti-trust and collective actions, including issues stemming from certification, post-certification and case management. They also consider what’s in store for 2024. In 2023, a lot happened in a short space of time in the class actions landsca…
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Exploring Hydrogen Markets – Kenya & Uzbekistan
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This episode explores the developing legal frameworks in two emerging hydrogen markets, unveiling some of the issues and opportunities investors should watch out for. Ashurst’s Yann Alix is joined by Amyn Mussa from Anjarwalla & Khanna (ALN Kenya) and Madina Hamidova from Centil Law Firm. Together, they discuss the hydrogen markets in Kenya and Uzb…
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A crystal ball gaze at the real estate landscape in 2024
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Ashurst colleagues Alison Murrin and Richard Vernon pinpoint the legal trends and issues to watch out for in the UK’s real estate sector in 2024. Landmark legislation. Regulatory reform. Energy efficiency policy. In this episode, we take you on a whistlestop tour of 2024 in just 20 minutes – picking out the issues that will dominate the headlines i…
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Digital markets, competition and consumer law – What's changed so far?
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On Tuesday 5 December 2023, the UK's Digital Markets, Competition and Consumers Bill will be read in the House of Lords for a second time. In this podcast episode, Ashurst’s expert panel recaps the key reforms in the Bill and the major issues that arose during the committee stage and the Commons debates. They also pinpoint where the House of Lords …
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Navigating the complex landscape of debt portfolio sales and trading
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Are you and your team prepared for the shifting dynamics of debt portfolio sales and trading? As the specialty finance team at Ashurst has observed, there's a growing interest in debt purchase as an asset class. Various factors, including challenging economic conditions, rising delinquencies, capital pressures due to inflation, and a maturing marke…
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EU & UK Horizontals: Sustainability agreements and competition law
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In the third episode of this mini-series, we discuss how EU and UK regulators are seeking to strike a balance between competition law and sustainability agreements. As legislators and regulators increase their focus on sustainability agreements and competition law, this podcast episode assesses the UK and EU landscapes. To cover this evolving issue…
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Spotlight on Class Actions: Fallout from the Supreme Court decision on litigation funding in PACCAR
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This episode looks beyond the hyperbole to explain how litigation funding is (and isn’t) likely to be impacted by the recent PACCAR Supreme Court judgment. Tim West, Partner in Ashurst's Dispute Resolution practice is joined by Anna Morfey, a Partner in Ashurst's competition litigation team and Rosie Ioannou, Director – Legal Assets at Fortress Inv…
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The latest class action trends from Down Under
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Tim West and Jon Gale from Ashurst in London are joined Nick Mavrakis from Ashurst in Sydney, to discuss emerging trends and issues in Australia’s class action landscape. With its mature class action regime, Australia is often seen as a harbinger of what’s to come in the UK. So, in this episode of our class action mini-series, we’ve invited Nick Ma…
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A spanner in the works for litigation funding
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In the aftermath of the UK Supreme Court’s PACCAR judgement, Ashurst’s Matt Pentecost and Anna Morfey explain what this means for litigation funding. In this, the first episode of our specialty finance mini-series, we shed light on litigation funding as an asset class and the challenges presented by the UK Supreme Court’s PACCAR judgement. Ashurst’…
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In class actions, communication is vital inside – and outside – the courtroom
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Ashurst’s Tim West and Jon Gale are joined by crisis communications expert Simon Pugh, to discuss the PR risks of classes actions. “Oh, I have lost my reputation! I have lost the immortal part of myself…” These words, uttered by the disgraced Cassio in Othello, illustrate that reputation is highly prized – and sorely missed when it is lost. This re…
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The growing risk of ESG class actions (and what to do about it) - Episode 2
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Ashurst’s Tim West, Tom Cummins and Martin Eimer discuss how companies can mitigate the risk of environmental, social and governance (ESG) class actions. As the scope, disclosure, and scrutiny of corporate ESG outputs continues to grow, the risk of class actions is growing too. In this episode, legal experts from the UK and Germany explore how ESG …
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EU and UK Horizontal Guidelines – Information Exchange
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We are delighted to welcome you to this EU and UK Horizontal Guidelines podcast episode. Ashurst's Fiona Garside, a senior expertise lawyer in Ashurst's Antitrust, Regulation and Foreign Investment team is joined by senior associate Laura Carter and associate Jessica Bracker. In this episode Fiona, Laura and Jessica discuss how the new EU and UK ho…
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New class actions mini-series reveals burning issues and hot topics
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In the first episode of this mini-series on class actions, Ashurst’s Tim West, Jon Gale, and Anna Morfey set the scene by highlighting emerging trends and legal developments. With class action risk rising up corporate agendas, we’re launching a new mini-series to explore the emerging risks and trends for business leaders to watch out for. We’ll spe…
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UK and EU Horizontal Guidelines - Episode 1: Anti-competitive agreements
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This is the first episode in our brand new miniseries on the new EU and UK horizontal guidelines. Senior Expertise Lawyer in Ashurst's Antitrust, Regulation and Foreign Investment team Fiona Garside is joined by Annick Vroninks, a partner in our Brussels office, and Michael Holzhäuser, a partner in our Frankfurt office. The first episode in our new…
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