Real estate disputes: what to watch out for in 2024

In the last episode of this mini-series, the team discuss what the greatest enforcement threats have been across the globe over the past 12 months and what is likely to be the emerging areas of risk corporates must look out for in 2024.

In this last installment in our Corporate Crime and Investigations Series, our international panel of experts, led by Ashurst host Ruby Hamid, dissected the most significant enforcement threats that have shaped the global corporate landscape over the past 12 months.

From the Netherlands, we heard from Marianne Bloos from the Dutch firm Houthoff, KS Shin brought insights from Korea, Tristan Bramble talks through the U.S experience while Dr Eleanor Robinson shares the UK  perspective.

The discussion examines the key questions, including, the greatest enforcement threats for corporates worldwide. Expectations of authorities in various jurisdictions regarding corporates conducting their own internal investigations and self-reporting, and what enforcement risks should corporates be vigilant about as we venture into 2024?

Whether you were a compliance professional, legal expert, or simply interested in staying ahead of the curve in regards to corporate enforcement trends, this episode promises valuable insights, recent case studies, regulatory developments, and emerging trends to provide you with a comprehensive understanding of the global enforcement landscape.

To stay informed and catch-up on our corporate crime and investigations mini-series subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

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Ashurst colleagues Joe Perry-Courtade, Kim Clifford and Alison Hardy provide a snapshot of the trends that will shape the world of real estate disputes this year.

In this episode, we take you on a whistle stop tour of the real estate dispute issues that are set to dominate headlines in 2024. In just 13 minutes, Ashurst’s Joe Perry-Courtade, Kim Clifford and Alison Hardy cover everything from tenant insolvencies and development disputes, to commercial energy efficiency and upcoming reforms of the Landlord and Tenant Act.

The trio begin by discussing rising tenant insolvencies (notably in retail, accommodation, and food) before tackling development disputes and the challenges faced by the construction sector (exacerbated by supply chain issues and escalations in costs, interest rates and inflation).

Next, they discuss the mooted reforms of the Landlord and Tenant Act 1954, tackling issues such as security of tenure, notices, and renewal lease terms. The episode wraps up with commercial energy efficiency including the shifting compliance timelines and the risks of stranded assets for landlords who fall short of the new regulations.

To make sure you don’t miss any episodes of Ashurst Legal Outlook in 2024, subscribe 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.

Demystifying the fast-emerging technologies that are changing the face of corporate crime investigations.

It’s an exciting time to work in the field of corporate crime investigations and, more broadly, the disputes and contentious matters space. AI, machine learning, data analytics and other emerging technologies are turbo charging our ability to prevent, detect and investigate crime. However, these developments also present several risks and limitations that professionals in the field need to be alert to.

In this episode of our mini-series, an expert panel discusses how some of these emerging technologies are being applied in investigations, and how to mitigate the associated risks. Host Adam Jamieson, a partner in Ashurst’s Dispute Resolutions team, is joined by Charlotte Miller, Managing Director and Head of Financial Crime Digital at HSBC, along with Ashurst partner and Chief Digital Officer, Tara Waters, and Ashurst Risk Advisory partner and Data Analytics Lead, Matt Worsfold.

Together, the panel discusses current uses of generative AI, data security, data integrity, data visualisation, and more – then considers what to expect in the years ahead. Charlotte also explains HSBC’s supervised machine learning model that is taking transaction monitoring to the next level by replacing the use of fixed base binary rules with probability and propensity capabilities.

To follow this continuing mini-series about 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.

In the second episode of this mini-series, we tackle sanctions risk – including the robust systems and controls that firms require, recent enforcement actions, guidance from regulators, and unfolding geopolitical issues to watch out for.

Hear an international expert panel share invaluable updates for compliance professionals and organisations seeking to mitigate the risks of a sanctions investigation.

Ashurst host Tom Cummins is joined by colleagues in Paris (Olivier Dorgans), Tokyo (Alexander Dmitrenko), and London (Sophie Law and Matt Russell). Together, the group outlines the systems and controls that firms require (including comprehensive risk assessments, considering different sanctions regimes, robust screening processes, and staying updated on guidance from regulators). They also highlight recent enforcement activities and the implications for systems, controls, and due diligence.

Read our article on the FCA review of sanctions systems and controls.  

Geopolitical challenges are considered (such as those involving China, Israel and Russia), amidst heightened scrutiny over transactions in certain sectors and regions. And the panel concludes by looking ahead: discussing the prospects for enforcement and the growing importance of data-driven supervisory assessments and internal audits.

To follow this continuing mini-series about 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.

With the UK set to introduce the most significant changes to corporate criminal liability laws for a generation, how can companies prepare?

Fraud is a hot topic currently. New technologies and an economic downturn have triggered a huge uptick in these criminal offences worldwide. With new UK legislation in the pipeline to bolster efforts to prevent (and prosecute) corporate fraud, companies are scrambling to prepare.

In this podcast episode, we look at the elevated responsibilities, liabilities, and risks for organisations – spanning controls, governance, frameworks, and more. Along the way, we highlight the issues that should be top of mind for various company leaders, including board chairs and directors, senior managers, chief risk officers, audit committees, and general counsels.

To tackle these issues, Ashurst’s Ruby Hamid is joined by an expert panel of colleagues including Nisha Sanghani, Neil Donovan, Matt Russell and Tom Mercer. This is the first episode in a continuing mini-series about corporate crime and investigations. To make sure you don’t miss future episodes, 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.

Ashurst colleagues Anna Morfey, Tim West and Max Strasberg look back on a significant year in the world of anti-trust and collective actions, including issues stemming from certification, post-certification and case management. They also consider what’s in store for 2024.

In 2023, a lot happened in a short space of time in the class actions landscape. In this episode, Ashurst’s expert panel summarises the most notable changes, trends, and cases – and highlight issues to watch out for in 2024.

The podcast reflects on an action-packed year for the UK’s Competition Appeal Tribunal (CAT), including significant developments in certification processes for class actions. The panel also discusses several cases stemming from post-certification issues and considers what this tells us about the CAT’s likely approach in future. And, of course, they cover the Supreme Court’s judgement in PACCAR, which was big news for the collective actions regime and litigation funding more broadly.

To listen to previous episodes in this class actions mini-series, 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.

This episode explores the developing legal frameworks in two emerging hydrogen markets, unveiling some of the issues and opportunities investors should watch out for.

Ashurst’s Yann Alix is joined by Amyn Mussa from Anjarwalla & Khanna (ALN Kenya) and Madina Hamidova from Centil Law Firm.  Together, they discuss the hydrogen markets in Kenya and Uzbekistan. With many regulations still new and untested, it’s vital for foreign investors to stay informed on local legal developments.

Amyn describes the emerging landscape in Kenya, including the nation’s Green Hydrogen Strategy, which aims to leverage renewable energy for agricultural, manufacturing, and industrial purposes. He also highlights the main drivers and barriers to investment in Kenya, emphasising the well-established IPP model in the power sector and the importance of credit enhancement structures and robust government support.

Madina describes the growing market in Uzbekistan, and highlights some of the issues investors need to be mindful of. These include guarantees and incentives for foreign investors, government reforms, and moves towards privatisation.

To discover more on the international hydrogen market and opportunities, make sure to visit Ashurst’s interactive hydrogen guide at ashurst.com.

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.

Ashurst colleagues Alison Murrin and Richard Vernon pinpoint the legal trends and issues to watch out for in the UK’s real estate sector in 2024. 

Landmark legislation. Regulatory reform. Energy efficiency policy. In this episode, we take you on a whistlestop tour of 2024 in just 20 minutes – picking out the issues that will dominate the headlines in the UK’s real estate sector.

Your tour guides are Ashurst’s Alison Murrin and Richard Vernon. Together they discuss a surprise shift in energy efficiency policy, the possible impacts of COP28, delays to the biodiversity net-gain target, rejected proposals on nutrient neutrality and the challenges of unlocking stalled developments. The legislative tour also takes in the Energy Act, the Leasehold and Freehold Reform Bill, the Renters Reform Bill, and the Levelling Up and Regeneration Act, before concluding with a look at the Building Safety Act.

To make sure you don’t miss any episodes of Ashurst Legal Outlook in 2024, subscribe 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.

On Tuesday 5 December 2023, the UK's Digital Markets, Competition and Consumers Bill will be read in the House of Lords for a second time. In this podcast episode, Ashurst’s expert panel recaps the key reforms in the Bill and the major issues that arose during the committee stage and the Commons debates. They also pinpoint where the House of Lords is likely to pay particular attention.

Together, Ashurst's Fiona Garside, Christopher Eberhardt and Hayden Dunnett delve into the new digital markets regime and the hotly debated standard of review for CMA decisions about digital platforms.

The trio also reflects on changes to consumer law enforcement, including:

• Giving the CMA direct enforcement powers
• The ability to impose significant fines and require consumer redress; and
• The prospects for changes to substantive consumer law. 

They explore other notable points from the Bill arising from recent enforcement and court decisions, including those affecting litigation funding, market investigation references and the motor fuel sector amendments.

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.

Are you and your team prepared for the shifting dynamics of debt portfolio sales and trading?

As the specialty finance team at Ashurst has observed, there's a growing interest in debt purchase as an asset class. Various factors, including challenging economic conditions, rising delinquencies, capital pressures due to inflation, and a maturing market, have contributed to this trend. Companies are acquiring loan books at an accelerated pace, driving the need for liquidity to support their growth.

Debt portfolio sales and debt trading were also hot button topics to come out of the recent DealCatalyst Specialist Lending Conference and in this second episode of the series, Matt Pentecost, leader of the specialty finance practice at Ashurst, delves into the debt portfolio sales and debt trading world with fellow partner Mark Edwards.

In this episode, Matt and Mark explore the dynamics of the debt purchase market, the convergence of specialty finance and traditional loan portfolio markets, and the challenges posed by pricing, regulatory compliance, and documentation in debt purchase transactions. They shed light on the evolving landscape and discuss how businesses are navigating these complexities.

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.