Connected With Latham

The Equator Principles set a minimum standard for lender due diligence and monitoring to support environmentally and socially responsible decision-making when financing projects. The latest iteration, known as EP4, came into effect in October 2020 and makes significant changes affecting lenders and sponsors – most notably for projects in high-income countries, such as the US and UK. Under EP4, project sponsors need to engage early in developing an environmental and social impact assessment, among many other considerations, for projects in such countries. In this episode of Connected With Latham, London finance partners Matthew Brown and Chirag Sanghrajka speak with Los Angeles counsel Josh Marnitz about the consequences of EP4 for lenders and sponsors, and how they can keep projects on schedule by planning for EP4 compliance. 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 interest in and availability of ESG-focused investments has exploded in recent years. Last year, the International Capital Markets Association published its Sustainability-Linked Bond Principles, allowing the creation of debt products that hold issuing companies accountable to achieving independently certified sustainability or ESG objectives. Unlike "green bonds", which require proceeds to be used strictly on green projects, sustainability-linked bonds focus on outcomes rather than specific investments. And, so far, investors are eager to utilize them. So, who is likely to pursue this type of bond? Are companies getting more favorable pricing? Is the new US political and regulatory environment accelerating demand? In this episode of Connected With Latham, Lauren Anderson speaks with fellow Houston partners David Miller and Trevor Lavelle about the growth of green financing and the rapid uptake of sustainability-linked bonds in the debt capital markets, as well as prospects for the future of such bonds in the fast-evolving energy and infrastructure sector. 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

Startups and scale-ups in Europe's tech and life sciences sectors have flourished dramatically over the past year, fueled by pandemic-induced demand and a wall of investor cash. Early funding rounds are getting bigger, while the time between rounds compresses and SPAC and other suitors come courting earlier and earlier. How can founders and investors ensure that they have the right teams and structures in place to take advantage of this environment and avoid careering out of the fast lane? In this episode of Connected With Latham, London Emerging Companies partner Mike Turner speaks with John Watkins, managing partner of Altima, a leading executive search firm in London that is placing CFOs at many of Europe's emerging unicorns, about how they see clients succeeding in today's fast-paced market. 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 Biden Administration's climate goals are ambitious: A carbon free power sector by 2035. Net zero emissions by 2050. Targeting 40% of federal climate action benefits toward disadvantaged communities. So, what is the Administration doing to move toward these goals? And how will different energy and infrastructure sectors be impacted? In this episode of Connected With Latham, partners Omar Nazif and Lauren Anderson speak with Janice Schneider, Global Vice Chair of Latham's Environment, Land & Resources Department and former Assistant Secretary for Land and Minerals Management at the Department of the Interior, and Nikki Buffa, counsel in the Orange County and Washington, D.C. offices and a former Deputy Chief of Staff at the Department of Interior and White House staffer. Janice and Nikki both bring deep knowledge in this area, and experience working in the federal government, which gives them terrific insight into this topic. 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

Macro market shifts as part of the energy transition are spurring investors, sponsors, and even traditional oil and gas producers to move in new directions. There is an increase in wind and solar projects being funded, with private equity demonstrating a parallel interest in renewables. Given the intermittent nature of these energy sources, developers and investors are also increasingly interested in energy storage, specifically battery technologies. However, the sector may remain dependent on government tax incentives in the US and EU. Shifts from combustion engines to electric engines are also likely to attract capital, while carbon capture and renewable hydrogen projects may provide opportunities for oil and gas producers. In this episode of Connected With Latham, the first in our Energy & Infrastructure series, we assemble a cross-disciplinary group of Latham partners to explore different aspects of the transition to a low-carbon economy. Lauren Anderson, a private equity partner in Houston, speaks with London project finance partner Matthew Brown, San Diego project finance partner Omar Nazif, and London project finance partner Chirag Sanghrajka. 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

Governments' desire to control investments by businesses from purportedly hostile nations has led to more investments being stalled or blocked in recent years. Recent moves to tighten FDI screening rules during the COVID-19 crisis accelerated this trend. While more and more countries are introducing or expanding their FDI screening regimes, well-established regimes (such as that operating in the US) are maturing and offering exemptions that may prove helpful to some private equity investors — while also creating new complexities. In this episode of Connected With Latham, London private equity partner Tom Evans discusses the obstacles and opportunities created by these changes in FDI regimes with London antitrust and competition partner Jonathan Parker, author of UK Merger Control and a leading authority on global FDI issues. 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 the healthcare and technology sectors converge to create revolutionary new products and innovations, companies operating in very distinct regulatory and business environments must find ways to adapt and cooperate. When non-registerable IP, such as software and data, feed patented medical inventions to produce personalized medicine, how have licensing agreements evolved to allow for such inventions to be developed and commercialized? In this episode of Connected With Latham, London partner and Global Vice Chair of the firm's Healthcare & Life Sciences Industry Group Robbie McLaren, Bay Area partner and Global Vice Chair of the Healthcare & Life Sciences Practice Judith Hasko, and Bay Area associate Jekkie Kim, discuss how convergence licensing agreements have evolved in the life sciences industry to accommodate the sharing of data and technology, and the new products at the center of these transactions. 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

Artificial intelligence (AI) is a burgeoning sector for investors and companies alike, but the unclear regulatory landscape for the use of AI in healthcare may cause headwinds that prevent it from achieving its full potential. The US Food and Drug Administration (FDA) asserts broad authority over medical devices, from toothbrushes to high-tech implants, under a decades-old regulatory framework. Recent advances in medical technology, including use of AI and machine learning, which are becoming increasingly integrated into traditional products and have accelerated the creation of novel devices that have the potential to revolutionize healthcare, but are nonetheless subject to a dated regulatory regime that in some ways is ill-suited to this cutting-edge technology. How must the FDA evolve its regulatory framework to realize the untapped potential of AI and machine learning, and what actions has it taken to date to support these technological advances? In this episode of Connected With Latham, Bay Area partner Luke Bergstrom, Global Vice Chair of the Mergers & Acquisitions Practice and the Technology Industry Group, discusses the future of FDA regulation of AI machine learning and the key considerations for investors and companies with Washington, D.C. partners Ben Haas and Elizabeth Richards, members of the Healthcare and Life Sciences Practice. 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

Under Article 15 of the EU's Copyright Directive, "information society service providers" must compensate "publishers of press publications" for the use of news articles, photos, and video. Translation: social media companies and search engines will need to pay up when users access news through their platforms. Yet, exactly how this transformation of the online news businesses is to take place remains to be seen. Will short excerpts and links count? Can search engines and platforms get around this provision by imposing their own terms? How can publishers begin to take advantage of Article 15? In this episode of Connected With Latham, London partner Deborah Kirk speaks with Paris partner Adrien Giraud and London associate Elva Cullen about the future of Article 15 and what press publishers and online service providers can do to navigate the changing landscape of online news. 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

After the EU's top court invalidated the Privacy Shield and cast doubt on the use of the model clauses in certain circumstances with consequences for global business, EU Business that use US service providers and US business that target US users across all industries. We explore the background to the decision, the current status of the existing transfer mechanisms, the guidance coming out of the European Data Protection Boards and new model clauses from European Commission and discuss whether the new Biden Administration will agree to changes to US privacy and surveillance to protect the privacy rights of EU individuals. We conclude by looking at the practical steps business should take to stay compliant and prepare for changes ahead in a time of uncertainty. In this episode of Connected With Latham, Bay Area partner Michael Rubin, a leader of the Data Privacy & Security Practice and Global Vice Chair of the Technology Industry Group speaks with Gail Crawford, London partner and Global Chair of the Data & Technology Transactions Practice 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

The EU Copyright Directive, now implemented in Europe, did not "break the internet" as some feared, but has been controversial. With the longstop implementation date for EU Member States falling after Brexit, the UK need not and will not implement the directive. What does this mean for the future of copyright law in the UK, and what does the divergence of EU and UK law mean for companies navigating the regulatory landscape? In this episode of Connected With Latham, Deborah Kirk, London partner and Global Vice Chair of the Technology Industry Group and London associate Elva Cullen discuss the Copyright Directive and the effect Brexit will have on copyright policy in the UK. 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 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