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Season 2 of our regulatory enforcement mini-series kicks off by considering what the 2025 priorities are (and should be) for the UK's Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA).
With a busy year ahead for the PRA and FCA, this episode highlights some of the issues and trends that financial services firms should watch out for. For this episode, host Nathan Willmott is joined by his Ashurst colleague Adam Jamieson and special guest Saima Hanif KC, a barrister at 3 Verulam Buildings (3VB).
Together, they discuss the Upper Tribunal’s packed caseload and the challenges for barristers and individuals seeking to argue these cases, including the impact of certain judges and the FCA's new strategy on disclosure. They also reflect on the FCA’s focus on speeding up investigations and streamlining its portfolio, consider how investigations are prioritised, and question whether or not it’s appropriate for the FCA to have a target for the proportion of investigations closed with no action.
The conversation also tackles the vexed issue of the FCA’s penality-setting framework and what might be learned from the PRA’s approach. And finally, our expert panel flags up other issues that will shape 2025, such as the FCA’s revised proposals for naming and shaming (to be revisited in detail in a future episode), the rules around non-financial misconduct, and the prospect of a first Consumer Duty case.
To listen to this and subscribe to future episodes in our enforcement mini-series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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In the seventh and final episode for 2024 of our Industrious Conversations series, Ashurst’s Ian Humphreys and Peter McNulty explain how Closing the Loopholes changes are shifting the enterprise bargaining landscape under the Fair Work Act.
Drawing on insights from Ashurst's soon to be released 2024 Bargaining Trends Survey, Ian and Peter cover key reforms to the bargaining process, including the increased power of unions to initiate bargaining, changes to the Better Off Overall Test (BOOT) and its impact on agreement approvals, and the introduction of the intractable bargaining regime, which allows the Fair Work Commission to intervene in deadlocked negotiations.
This episode also provides strategies for employers to adapt to this complex environment, emphasising the importance of thorough preparation and skilled negotiation.
To hear all episodes in the Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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In this episode, we hear from employment lawyers in Australia, Singapore, Indonesia and the UK. Together they describe and compare the industrial relations landscapes in their respective countries – and reflect on what UK employers can learn from these.
Host Crowley Woodford reflects on the potential impacts of the UK’s long-awaited Employment Rights Bill, which is shaping up to be one of the most ambitious reforms to trade union rights since the 1980s. Crowley breaks down some of the main changes which pave the way for greater union involvement, and he pinpoints issues that UK employers should watch out for.
Peter McNulty offers his take on how Australian employers have responded to recent changes to the Fair Work Act, including the process and dynamics of bargaining for agreements. Karen Mitra describes Singapore’s uniquely non-adversial approach to union/employer relationships where strike action is rare, and explains new rights to union representation for gig workers. And Norman Ibnuaji shares perspectives from Indonesia, where unionisation is relatively high among workers and industrial action is more common.
To listen to this and previous epsiodes in our biannual World@Work series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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Ashurst Employment partners Stephen Woodbury and Tamara Lutvey discuss the expanded single-interest employer authorisation bargaining stream, also known as multi-employer bargaining.
Together, they explain how Fair Work Act amendments have broadened the criteria for multi-employer enterprise agreements, and they explain why uptake by unions has so far been low. The conversation delves into the Fair Work Commission's (FWC) criteria, such as ensuring a common interest among employers and the prohibition of coerced agreements, pointing to a recent case in the coal industry to illustrate how the FWC assesses these factors.
They also discuss the "rebuttable presumption" for larger employers, where the FWC assumes common interest unless proven otherwise. Lastly, they pinpoint challenges and defensive strategies employers can use to avoid involuntary inclusion in multi-employer authorisations (known as "roping in"), which could force employers into agreements without direct negotiation input.
To hear further episodes in our Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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In the fifth episode of our Industrious Conversations series, Ashurst’s Jane Harvey and Elissa Speight explain how Closing The Loophole changes are strengthening protections for workers who are not employees, and extending the scope of the Fair Work Commission to intervene in workforce matters.
As Jane and Elissa point out, the reforms impact independent contractor arrangements in several ways. Their conversation highlights changes relating to the classification of a worker as an employee or contractor, the introduction of a new unfair contract terms jurisdiction, and changes to the defences available where a sham contracting claim is made.
Jane and Elissa also outline how the changes may impact employers and suggest several practical ways employers can respond to these changes. This includes thoroughly reviewing contractor engagements, updating contract templates, training managers to mitigate the risk of misclassification under the new framework, and more.
To hear further episodes in Industrious Conversations, our series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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Following Ashurst’s recent conference, three experts regroup to pick out the most pressing trends and risks stemming from class actions in the UK.
Jon Gale, partner at Ashurst’s Dispute Resolution practice in London, is joined by colleagues Tim West and Sarah-Jane Dobson to reflect on the highlights from the firm's recent class actions conference. Together, they discuss the evolving landscape of class actions including litigation funding, competition claims, and more.
The conference showcased an array of experts including clients, claimant law firms, barristers, and funders. One highlight was the keynote speech from Mr Justice Robin Knowles CBE, who stressed the essential role of class actions in the legal system and the permanence of commercial funding in such claims.
In the podcast, Tim stresses the importance of understanding class actions from a client’s perspective, emphasising that these cases (and the associated risks) often attract C-suite attention. He also discusses the rising prevalance of environmental, social, and governance (ESG) concerns, with potential class actions arising from the gaps between corporate promises and practices.
Sarah-Jane discusses the varied treatment of class actions across sectors, particularly in competition and product liability cases. She anticipates a further rise in class actions, especially in sectors like life sciences and consumer protection.
The trio also explore litigation funding, discussing the significance of external financial backing for large class actions and the impact of the Supreme Court’s recent PACCAR ruling on funding structures.
To hear more episodes on class actions and a range of other subjects, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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In this, the fourth instalment of Industrious Conversations, Ashurst’s Jennie Mansfield and Jon Lovell detail the impact of Australia’s "Closing the Loophole" industrial relations changes on corporate transactions, offering critical insights into the practical impact of these developments.
The discussion centres on the commercial challenges introduced by these changes, particularly in relation to due diligence processes, labour hire, casual employment, and independent contractor arrangements. Jennie and Jon explain how these reforms affect deal-making and due diligence, where uncertainty around labour costs and employment models can complicate transactions. They also stress the importance of assessing a company's governance and systems for managing compliance, highlighting the risks of non-compliance and the significant penalties that may arise. Jon notes, "If compliance issues are identified, it's essential to have a clear program and strategy in place for remedying the non-compliance within a reasonable period following completion."
To hear more episodes in Industrious Conversations, our series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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In the third episode of Industrious Conversations, Ashurst's Talia Firth and Scarlet Reid explain some notable changes to casual employment that stem from recent amendments to the Fair Work Act. These changes include the new definition of a "casual employee" under Section 15A of the Act, new requirements to issue a Casual Employment Information Statement (CEIS) during an employee's employment, and the new casual conversion provisions under the National Employment Standards.
Together, Talia and Scarlet explain how and why these changes came into being, and they discuss some of the subtleties that employers need to be aware of, including some upcoming milestones and deadlines. In conclusion, Scarlet emphasises: "Employers should make sure they understand the new definition of 'casual employee' and should carefully consider whether their casual arrangements meet this definition. Employers should also make sure that they have processes in place to make sure that casual employees receive the CEIS at the right times. And finally, employers need to be prepared to respond to notifications from casuals to change to permanent employment once the new employee choice pathway comes into play from 26 February 2025."
To hear more episodes in our Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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Ashurst’s Yann Alix is joined by Moroccan lawyer Gahlia Mokhtari and Brazilian lawyer Ana Carolina Calil to discuss the evolving hydrogen strategies, regulations, incentives, and major projects taking place in their respective countries.
With Brazil’s government getting behind hydrogen, Ana explains new legislation regulating the main guidelines on low carbon and green hydrogen public policy. She highlights opportunities for foreign investors including tax incentives, R&D activity and a solid legal framework – not to mention a sophisticated and attractive energy transmission market. She also flags some challenges to watch out for, including capex, technology and litigation risks.
Meanwhile, Ghalia zooms in on Morocco, which is seeking to become a regional hub for green hydrogen through substantial investments in renewable energy sources, notably solar and wind, to achieve energy independence. Ghalia describes Morocco’s evolving regulatory landscape and foreign investment incentives, as well as potential barriers and challenges.
To view Ashurst’s interactive global guide to investing in hydrogen, follow this link. You can subscribe and listen to more episodes of Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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In the second episode of Industrious Conversations, Employment Partners Julia Sutherland and James Hall discuss strategies for managing protected action ballot orders (PABOs) and protected industrial action (PIA) arising from recent amendments under the Secure Jobs, Better Pay Act.
"We're seeing that even though the legal changes are relatively minor, the practical implications for employers navigating industrial action are significant," notes James Hall during the episode.
Key discussion points include: The introduction of section 448A conferences, where bargaining representatives must attend a Fair Work Commission meeting before voting on PABOs. Insights into early cases involving multi-employer agreements and PABOs. How employers can navigate the PABO process strategically and the importance of preparation.For more insights into key developments in Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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Imagine living in a country that offers you stunning landscapes, rich culture, delicious cuisine, and a generous tax regime. Sounds too good to be true, doesn't it? Well, not if you choose Italy as your destination.
Should a high-net-worth individual consider moving to Italy for tax reasons? How do the nation’s Flat Tax regime and Impatriate regime work? And why might company taxpayers also consider Italy? All these questions, and more, are answered in this episode of the Tax Lyrical podcast mini-series.
To evaluate the Italian tax regime, Ashurst’s Sophie Lloyd is joined by colleagues Michele Milanese and Federico Nobili. Together the three of them discuss the benefits, incentives and complications of investing in Italy, as well as the steps required to make your finances flourish. “Our advice is to have a clear understanding of the Italian tax law and the legal tools available to taxpayers,” emphasises Michele.
This is the latest episode in our mini-series of episodes tackling tax issues and investment funds. To listen to this episode and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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"We're all learning... new acronyms, new exceptions, how to apply these laws," remarks Employment Partner, Trent Sebbens in this debut episode of the team’s Industrious Conversations series. Trent and Employment partner Kathy Srdanovic delve into one of the most significant changes introduced by the Closing Loopholes reforms: Regulated Labour Hire Arrangement Orders (RLHAOs).
This new regime, part of the Fair Work Act, requires that labour hire workers are paid a Protected Rate of Pay (PROP), aligning their wages with those of directly employed workers. The reforms have already triggered considerable activity, particularly in industries like mining, transport and aviation.
In this episode you will hear expert guidance on:
The key criteria for the making of a Regulated Labour Hire Arrangement Order Exceptions where services, not labour, are provided Early test cases setting the tone for future rulings.To explore key developments in industrial relations in Australia, and to gain insights from other members of the Employment team, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions
See omnystudio.com/listener for privacy information.
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As the frequency and complexity of workplace investigations rises, how can employers enhance their processes to mitigate investigation risk and safeguard their people? This episode considers the challenges of workplace investigations and how companies can respond.
Workplace investigations can take many forms and be triggered by many different issues. In this episode we look at how allegations of misconduct can arise (from whistleblowing to regulatory action and more), why these are on the increase, and the challenges of managing different processes simultaneously.
Together, Ashurst colleagues Neil Donovan, Ruby Hamid, and Hannah Martin discuss the increased scope of what is now considered misconduct, as well as the heightened expectations on employers to prevent misconduct from happening in the first place. The trio also reflect on the risks for employers that fail to take employees’ concerns seriously and they provide several practical pointers to enhance company policies and investigations.
To hear future episodes tackling corporate crime and investigations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transaction.
See omnystudio.com/listener for privacy information.
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With cyber threats and investigations more prevalent than ever, our expert panel considers how companies can bolster defences, meet regulations, and respond to cyber-attacks.
Cyber threats come in ever-shifting shapes and forms, so how can companies keep pace? In this episode, we consider the legal and regulatory risks and discuss how best to prepare for, investigate, and respond to a cyber incident.
Together, Ashurst colleagues Neil Donovan, Julia Spain and Andris Ivanovs discuss the heightened expectations of UK financial regulators, and how this is shaping enforcement and investigations. They describe the features a robust cyber response plan, and they consider the legal ramifications of the often-complex arrangements that companies have with third parties.
To hear future episodes tackling corporate crime and investigations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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Welcome to the final episode of our new podcast mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law.
In this episode of the series, trainee’s Khadija Patel and Nick Hwong bring a host of insights and tips to help those considering a career in commercial law navigate their way through the competitive world of legal training applications.
Nick and Khadija share practical takeaways that include how to craft an impressive application, tips on how to ace your interviews and general advice on the importance of preparing your application to stand out in the crowd.
"Preparation is key. Tailor your application to highlight your unique strengths, and approach every interview as an opportunity to showcase your genuine passion for law." - Khadija Patel.
Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.
For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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Digital companies operate globally which means they need to carefully navigate the new EU and UK digital markets regimes. In this episode, we highlight some of the key similarities and differences between the two regimes.
In Europe and the UK, the regulatory landscape is shifting for Big Tech. In this episode, we compare and contrast the EU Digital Markets Act and the UK Digital Markets, Competition and Consumers Act – and highlight the implications for multinational tech giants and the broader digital economy.
To do so, we have assembled a crack team of legal experts including Rafael Baena from Ashurst’s Madrid office, and Fiona Garside, Chris Eberhardt and Hayden Dunnett from Ashurst’s London office. Together, they consider the thresholds for designating companies under the two regimes, as well as the differing timelines, obligations and guidance in each jurisdiction. Recent developments and ongoing enforcement action are also discussed.
To listen to our previous episodes on digital markets regulation, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or wherever you get your podcasts. And to ensure you don’t miss our future episodes, make sure you subscribe too.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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Welcome to the third episode of our podcast mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law.
In this third episode of the series, final seat trainee Saba Nasrolahi share her insights and personal experiences applying the crucial skill of commercial awareness in both her application and early career work experience at Ashurst.
Saba shares her journey from studying law at King's College London to her decision to join Ashurst as a trainee. She details what commercial awareness is and why it’s essential for a career in law and provides practical tips on how to develop it organically. Saba provides actionable advice for aspiring trainees, emphasising the importance of following your interests, staying updated with industry developments, and continuously building your knowledge.
Along the way Saba shares personal anecdotes about applying commercial awareness in real-world scenarios, from the virtual execution process in banking transactions to navigating businesses through political disruptions.
"Commercial awareness is … not necessarily a knowledge and expertise of the ins and outs of each part of the law or each sector. It's about understanding how businesses work and what might be impacting businesses.”
Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.
For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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Welcome to the next episode in our trainee mini-series, where Ashurst's trainees and junior associates share the influences and factors that have guided them in their careers in commercial law.
In this episode of our trainee miniseries, Junior Associates Aoife Weir and Divya Deivanayagam share their enriching experiences of international and client trainee secondments. Aoife and Divya explain the secondment process from their respective secondments, with Aoife working at BP in the gas and low carbon energy team, and Divya experiencing life in Ashurst’s Tokyo office. They discuss the application process, the support they received from Ashurst, and how these opportunities enhanced their professional growth.
Divya provides a glimpse into her international secondment in Tokyo, highlighting the cultural differences, increased responsibilities, and the logistical support provided by Ashurst, making the transition smooth and enriching. While Aoife recounts her client secondment at BP, and the development of her commercial awareness, the valuable relationships she built within the organisation, and the importance of timing and clarity of intent when applying for secondments.
"Timing is everything. If you know where you want to qualify and a secondment opportunity comes up, I would just say go for it. It's one of the best experiences I've taken on professionally to date." Aoife Weir.
Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.
For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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The Digital Markets, Competition and Consumers Act recently received Royal Assent. So what should businesses be doing to stay informed of the Act’s rollout as the Competition and Markets Authority begins its enforcement?
Fiona Garside, Chris Eberhardt, and Hayden Dunnett of Ashurst’s UK based Antitrust, Regulation and Foreign Investment Team delve into the three main pillars of the newly enacted Digital Markets, Competition and Consumers Act which promises significant regulatory changes. See our May 2024 update.
The team dissects how the new digital markets regime allows the Competition and Markets Authority (CMA) to designate firms with strategic market status (SMS), in order to impose bespoke conduct requirements and pro-competition intervention orders. The discussion highlights that the CMA's draft guidance leaves significant questions about how the CMA will exercise its broad powers, particularly in relation to conduct requirements and pro-competition interventions.
The team also consider the CMA's draft statement of policy on administrative penalties which proposes to apply an "in the round approach" to penalties for breaches of orders and undertakings following merger and market investigations. See our July 2024 update.
To listen to more Legal Outlook episodes, including past episodes of the Digital Markets Competition and Consumer Law Act, search for Ashurst Legal Outlook on Apple Podcasts, Spotify, or your wherever you get your podcasts.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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Welcome to our brand-new podcast mini-series where Ashurst's trainees and junior associates share the influences and factors that have guided them on their career journeys.
In our debut episode trainee Tom Segev shares his journey to joining Ashurts’s trainee program, from studying history at the University of Warwick to working at a music label, Tom details his decision-making process between pursuing music law and commercial law, and along the way highlights how he navigated these choices.
Tom also details the importance of networking and how engaging with current trainees offered him invaluable insights into the culture at Ashurst, and shares his standout moments so far, reflecting on the significant responsibilities he was entrusted with early in his training, which have contributed to his rapid professional growth.
And his advice to future trainees? "Talk to people. Talk to as many people as you can. It's the best way to learn."
Join us for insightful conversations that shed light on the personal and professional paths of our trainees. Whether you're considering a career in law or just curious about the experiences of our talented team, this series is for you.
For more episodes in our trainee mini-series subscribe to Ashurst's Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.
See omnystudio.com/listener for privacy information.
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