The Allen & Overy Podcast archive

English law and the English courts 5 years after the Brexit referendum – are they still an attractive choice?

In this podcast we provide an update on the legal position, including when the Hague Convention might not apply, whether the UK is likely to rejoin the Lugano Convention, and how the markets have reacted to the change of regime.  We also discuss the key issues parties should be thinking about when negotiating governing law and dispute resolution clauses in their commercial contracts.   

Great Fund Insights: Spotlight on opportunities in alternative investments in the Middle East

This timely discussion is part of a series of Allen & Overy conversations on opportunities in alternative investments across our global funds network.

Partner, Nick Smith and counsel, Kamar Jaffer, both based in Dubai, put the spotlight on the Middle East as they discuss opportunities in alternative investments and market trends from the manager and investor perspective.

Topics discussed in this podcast include:

• Recent trends in the Middle East fund raising environment
• How managers have navigated the challenges of Covid-19
• Investment strategies and opportunities in the Middle East
• The trends and demand for Shari’a-compliant funds
• The trends on domicile and fund vehicles
• Flexibility in governance and economic terms to navigate challenging markets
• The industry’s emphasis on ESG
• Models being used to attract institutional capital
• Outlook for 2021 and beyond

This Great Fund Insights podcast will be of interest to sovereign wealth funds, institutional investors, family offices, fund managers and portfolio companies with a focus on the Middle East.

Back to the office post-pandemic: Top tips for employers

In this podcast, Victoria Woestmann (senior associate in the Luxembourg Corporate team) and two members of the Luxembourg Employment Law team, Laurie Lougsami (associate) and Maurice Macchi (counsel), discuss some of the key considerations for employers over the coming months as they prepare for a return to the office in a post-Covid-19 world.

In Credit Podcast: The Financial Conduct Authority’s proposed new “Customer Duty”

In this episode of In Credit, A&O’s consumer finance team Joanne Owens, Victoria Ferres, Sophie Skeet and Mercy Hadfield discuss the Financial Conduct Authority’s recent proposal to introduce a “Consumer Duty.”  The consultation paper is proposing firms provide a higher standard of care for consumers by asking themselves “would I be happy to be treated in the way my firm treats its customers”, or even “would I recommend my firm’s products and services to my friends and family?” 

The goals and themes echo those of previous consultations papers from the FCA, including the  treatment of vulnerable people which we discussed in a previous episode here, however the proposed measures could herald a “paradigm shift” in how business is conducted in the retail sector.

This episode will consider:

• the background to the paper
• the three elements of the Consumer Duty
• what this means for firms dealing with retail customers 

If you liked what you heard and want to keep up to date then sign up here to receive the most up to date podcasts, briefings and webinars from our retail and digital finance team.

Great Fund Insights: Spotlight on opportunities in alternative investments in North Asia

This timely discussion is part of a series of Allen & Overy conversations on opportunities in alternative investments across our global funds network.

Hong Kong based partner, James Ford and Middle East based counsel, Kamar Jaffer put the spotlight on North Asia and as they discuss opportunities in alternative investments and market trends from both the manager and investor perspective.

Topics discussed in this podcast include:

• How fund managers have navigated the challenges of Covid-19
• The impact of the Hong Kong limited partnership fund regime and the trends of fund domicile being chosen by managers
• Reforms regulators in Hong Kong are considering to enhance the attractiveness of the region
• Investment strategies in North Asia that appeal to institutional investors
• Developments in the secondaries space
• Looking in to 2021 and beyond

This Great Fund Insights podcast will be of interest to sovereign wealth funds, institutional investors, family offices, fund managers and portfolio companies with a focus on North Asia.

Trustee Discretion and The Keepwell Structure

In our latest edition of Trust Us, a podcast addressing hot topics for trustees in Asia Pacific, Louisa Ingham from our Corporate Trust & Agency team moderates a discussion covering trustee discretion and the use of Keepwell structures as a form of credit enhancement.

• Trustee Discretion – When, why and how

Head of our Asia Pacific Corporate Trust & Agency team, Tim Beech, looks at when trustee discretion should be used, why due care and consideration need to be applied to its use and how it can be exercised in a manner that protects the interests of the trustee.

• The Keepwell Structure as a credit enhancement – innovative, ineffective or both?

Senior Associate, Holly Hart, will outline the structure of a Keepwell bond, discuss the recent concerns regarding their ineffectiveness as a means to protect the holders in an insolvency and how it remains an effective credit enhancement feature for certain bond issuers and products.

The Trust Us series presents succinct overviews of hot topics for trustees in the APAC market and these podcasts are based on webinars hosted for clients.  Please note this episode was recorded on 18th May 2021 and references developments occurring at that time.

Virtual hearings and innovation – new opportunities?

Werner Eyskens, Andrew Bennett and Lauren Rasking discuss how they created a successful team with alternative remote support and local bubbles for a complex arbitration case.

#Employmenttalk live: Aktuelle BAG Entscheidung: Anspruch auf Auskunft und Erteilung einer Kopie nach Art.15 Abs.3 DS-GVO

Nachdem am 27. April eine Entscheidung des BAG über den Auskunftsanspruch nach Art. 15 Abs. 3 DS-GVO bevorsteht, möchten wir Ihnen kurzfristig die wichtigsten Erkenntnisse der Entscheidung vorstellen und einen Überblick über mögliche Konsequenzen geben.

Dabei werden wir auf folgende Punkte im Detail eingehen:

• Wie weit geht der Auskunftsanspruch des Arbeitnehmers?
• Was kann der Arbeitgeber tun um überzogene oder missbräuchliche Auskunftsansprüche abzuwehren?
• Muss der Arbeitgeber „Kopien“ der Daten, Dokumente oder E-Mails herausgeben?

Great Fund Insights: Spotlight on opportunities in alternative investments in Australia

Australia based partner, Jason Denisenko and Middle East based counsel, Kamar Jaffer put the spotlight on Australia as they discuss opportunities in alternative investments and market trends from both the manager and investor perspective.

Topics discussed in this podcast include:

• Recent trends in Australia’s fund raising environment
• The type of fund vehicles being used in Australia
• Investment strategies and opportunities in Australia
• Legal, regulatory and policy developments
• Fund managers’ focus on governance and economics
• The industry’s approach to ESG
• The trends on institutional capital
• Developments on secondaries
• Looking in to 2021 and beyond

This Great Fund Insights podcast will be of interest to sovereign wealth funds, institutional investors, family offices, fund managers and portfolio companies with a focus on Australia.

Hong Kong’s approach to cross-border and insolvency recognition

Our APAC Restructuring & Recovery lawyers take a detailed look at the recent and significant decision by the Hong Kong court in Re Lamtex Holdings Limited.

This case concerns a Bermudan-incorporated debtor company listed on the Hong Kong Stock Exchange with its centre of main interests (‘COMI’) in Hong Kong and with operations in Mainland China and Hong Kong.  The Hong Kong court decided to wind up the company in view of the limited evidence that any proposed restructuring would be successful.

In a detailed discussion moderated by Karen Chan; Ian Chapman and Viola Jing from our Asia Pacific Restructuring & Recovery Group, along with Look Chan Ho of Des Voeux Chambers unpack the Hong Kong Court’s decision and discuss its implications for Hong Kong based restructurings on the recognition of offshore provisional liquidators and the availability of judicial assistance to stay enforcement action in Hong Kong. The panel consider the shift by the Hong Kong court towards an ‘UNCITRAL Model Law’ approach, displacing primacy of place of incorporation of the debtor company in favour of its COMI, and discuss the following issues:

• The Hong Kong court’s recent approach to the jurisdiction to wind up foreign companies and the debtors’ application for adjournment for restructuring purposes.
• What is the direction of the Hong Kong court’s approach to application by foreign liquidators and provisional liquidators for recognition and assistance in Hong Kong?
• In light of the Lamtex Decision, what are the pros and cons for companies looking to have “soft-touch” provisional liquidators appointed in the place of incorporation?
• If recognition and assistance of foreign insolvency proceedings in Hong Kong is discretionary, what are the alternative options? Is there an option for a CRO as an alternative?
• How should the future of the restructuring and cross-border recognition regime look like? Should section 193 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance be amended?
• If section 193 is amended, is COMI the deciding factor?