The Allen & Overy Podcast archive

Brexit podcast - Asset management: a few silver linings…

With less than 6 weeks to go until 29 March and a hard Brexit seeming more likely by the day, in this episode we focus our attention on the key trends and issues we are seeing among our asset management clients as they approach the final stages of their Brexit preparation.

Emma Danforth and Paul Sampson, both senior associates in the asset management group, and Sharon Gowdy, a senior associate from our affiliate business, aosphere will discuss the following:

• the recent developments of ESMA, the FCA and EU27 regulators and potential issues arising out of those developments
• practical issues to be mindful of as we approach exit day
• the options still available for any asset managers who haven’t yet finalised their Brexit planning.

Preparing for Brexit: Intellectual property

In the event of the UK leaving the UK with or without a deal, how are IP rights affected and what should clients do to ensure there is no loss of protection.

In this episode of our Brexit podcasts, partner and global head of IP, David Stone, and senior professional support lawyer, Beverley Potts, discuss the key IP rights that will be affected by Brexit and what you do and don’t need to be doing now to ensure your rights remain protected.

In addition to the podcast, please click here if you would like to read Allen & Overy's written summary of frequently asked questions.

Beyond Brexit - Introduction to UK EMIR

In this episode of our Brexit podcast series, Emma Dwyer, partner, and Emma Lancelott, senior lawyer, in our Derivatives and Structured Finance practice discuss what the UK version of the European Markets Infrastructure Regulation, otherwise known as UK EMIR, will look like and the likely practical effect of the onshoring of EMIR in a hard Brexit scenario.

Please be aware that, since the date of recording, the UK FCA has issued a statement on the use of transitional powers post hard Brexit clarifying they will not be used in the context of EMIR reporting – you should bear this in mind when listening to the final section of the podcast. We note that, although the content is correct as at the date of recording, the legal position is evolving in this space and we cannot guarantee that there will not be additional developments in this area. However, the podcast should nonetheless provide a useful overview of the basic position and the key issues arising.

In addition to the podcast, please click here if you would like to access Allen & Overy's consolidated version of UK onshored EMIR and here to access our Hard Brexit: Map of UK onshored EMIR.

Antitrust and a hard Brexit – parallel regimes, increased uncertainty

If the UK leaves the EU without a deal, firms doing business both in the EU and UK will face parallel antitrust, merger control and state aid regimes. In this podcast, antitrust partner Dominic Long and Louise Tolley, a counsel in the firm’s antitrust group, explain the impact of this, discussing what a hard Brexit may mean for future antitrust policy and enforcement activity, as well as the likely practical implications for business.

We have also produced a short article summarising the issues, which can be viewed here.

Financial Services Regulatory – temporary contractual continuity in the UK post Brexit

Kirsty Taylor (Senior PSL, Financial Services Regulatory practice) and Jack Prettejohn (Associate in the Financial Services Regulatory practice) consider the draft financial services contracts regime, or Contractual Continuity Regime, and outlines the basis upon which EEA firms that currently passport into the UK and which either do not enter the temporary permissions regime (TPR) or which exit the TPR without authorisation can continue to service existing contracts.

Financial Services Regulatory – TPR FCA authorised firms

Victoria Ferres (Senior Associate in the Financial Services Regulatory practice) and Isabelle Westbury (Associate in the Financial Services Regulatory practice) consider the temporary permissions regime or TPR as it applies to FCA authorised firms.

Financial Services Regulatory – TPR payment services and e-money

Nikki Johnstone (Senior Associate, Financial Services Regulatory practice) Martin Dowdall (Associate, Financial Services Regulatory practice) and Heenal Vasu (Senior PSL, Financial Services Regulatory practice) consider the temporary permissions regime or TPR as it applies to firms providing payment services and/or issuing electronic money.

Financial Services Regulatory – TPR Banks

Alex Forzani and Jamie Turner (both Associates in the Financial Services Regulatory practice) consider the temporary permissions regime or TPR as it applies to banks.

Preparing for a hard Brexit – key points to note for equity capital market participants

In the event of the UK leaving the EU without a deal, what do issuers and other participants in the equity capital markets need to consider?

In this episode in our Brexit podcast series, equity capital markets counsel Michael Bloch and senior professional support lawyer Anne Kirkwood discuss the key points to note. We have also produced a short briefing note, which can be viewed here.

The ‘onshoring’ of EU financial services legislation

Like many areas of UK law and regulation, the UK’s financial services regulatory regime has been driven by reforms implemented at the European level, especially since the financial crisis. In this podcast, we look at how the UK Government is seeking to ensure that the UK’s financial services regime will function on a “hard” Brexit.