Connected With Latham

With insolvency alone no longer valid grounds for severing most commercial contracts in the UK, how can suppliers and customers spot early warning signs of counterparty distress and head off future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 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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, 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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, 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 working remotely and in the office. 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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, 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 US. We also examine the implications of a carve-out to the ipso facto restrictions that favours financial services firms. 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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. 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200

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 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, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200