The Allen & Overy Podcast
Selecting your Fund Domicile: Channel Islands – Part I: Guernsey

Selecting your Fund Domicile: Channel Islands – Part I: Guernsey

November 22, 2022

The next two podcasts focus on topical fund trends in the Channel Islands, presented by expert speakers at law firm Ogier. Our discussion starts with Guernsey and features Tim Clipstone, a Guernsey based partner at Ogier.

This podcast forms part of Allen & Overy’s Selecting your Fund Domicile series. Selecting your Fund Domicile is a series of video podcasts that focuses on manager considerations for setting up a fund and choosing the most appropriate domicile. Featuring leading offshore law firms, these Q&A video podcasts explore some of the benefits and legal and regulatory considerations for each offshore location, including the British Virgin Islands, the Channel Islands, the Cayman Islands, Bermuda, Dublin, Cyprus, the Isle of Man and Mauritius.

About the speaker

Tim Clipstone is an experienced funds, regulatory and corporate lawyer with a particular focus on all aspects of the life cycle of hedge, private equity, venture capital fund and alternative asset management structures domiciled in Guernsey and BVI, as well as corporate M&A and restructuring. He is consistently recognised as a leading practitioner by Chambers, Legal 500 and IFLR.

Propel: Car industry monetization strategies and damages

Propel: Car industry monetization strategies and damages

November 18, 2022

In this episode of Propel, host Paul Keller sits down with Joshua Gans, Professor of Strategic Management and holder of the Jeffrey S. Skoll Chair in Technical Innovation and Entrepreneurship at the Rotman School of Management at the University of Toronto. He is also the Chief Economist of its Creative Destruction Lab.

This discussion covers trajectory of the car industry from the past to the future and its impact on the monetization model. The two also deliberated over the scope of intellectual property issues, including patent litigation and trade secret misappropriation, and whether these issues impact the whole car or individual parts.  

Selecting your Fund Domicile: British Virgin Islands

Selecting your Fund Domicile: British Virgin Islands

November 10, 2022

We are delighted to launch Selecting your Fund Domicile, a new series of  podcasts that features offshore law firm experts and focuses on manager considerations for setting up a fund and choosing the most appropriate domicile.

In the inaugural episode of Selecting your Fund Domicile Middle East-based partner Kamar Jaffer (Funds) discusses topical fund trends in the British Virgin Islands with Paul Waldron and Tom Cochrane, both partners at Walkers law firm.

This podcast forms part of the Great Fund Insights series, a global resource providing practical insights into legal and regulatory developments affecting fund managers and institutional investors across Europe, Asia, Africa, the Middle East and the U.S.

The developing cryptoasset landscape in the UAE podcast: Spotlight on anti-money laundering and counter-terrorist financing

The developing cryptoasset landscape in the UAE podcast: Spotlight on anti-money laundering and counter-terrorist financing

November 2, 2022

The UAE is developing its financial crime compliance credentials in order to position itself as a global leader and innovator in the cryptoassets space. This means that a proper understanding of the intersection between AML/CTF considerations and cryptoassets regulation is essential for those involved or interested in the cryptoasset landscape in the UAE.

In this episode, Middle East-based senior associates Victoria Ferres (Financial Services Regulatory) and David Berman (Litigation, Investigations and Contentious Regulatory) discuss the unique AML and CTF issues relevant to cryptoassets in the UAE and explore recent regulatory developments in this space in the UAE. 

This podcast will be of interest to legal practitioners, individuals working in any financial services sector and other designated non-financial businesses or professions, and those interested in cryptoassets generally. It forms part of a series where we will be focusing on key considerations relevant to the developing cryptoasset landscape in the UAE.

Great Fund Insights podcast: US tax matters

Great Fund Insights podcast: US tax matters

October 25, 2022

US federal tax treatment can be relevant to funds in a variety of contexts and provides a range of risks and benefits depending on the type of investor. 

In this podcast episode, Middle East-based Partner Kamar Jaffer (Funds) and US-based Senior Counsel Caroline Lapidus (Tax) discuss the key US tax considerations relevant to any funds with either US or sovereign investors or activities and investments in the US.

This podcast forms part of the Great Fund Insights series, a global resource providing practical insights into legal and regulatory developments affecting fund managers and institutional investors across Europe, Asia, Africa, the Middle East and the U.S.

Annual reports and AGMs – what you need to know this year

Annual reports and AGMs – what you need to know this year

October 12, 2022

In our latest podcast our team of A&O experts bring you up to speed with the key issues company secretaries and their teams need to think about when preparing for their next Annual Report and AGM. 

These include:

diversity on boards and in executive management;
market trends and new requirements for environmental and climate reporting;
current high profile aspects of remuneration reporting; and
best practice for the format and business of AGMs in 2023.

Episode 2: Deconstructing Crypto: Emerging RICO applications to digital assets

Episode 2: Deconstructing Crypto: Emerging RICO applications to digital assets

October 10, 2022

In September 2022, the U.S. Department of the Treasury released a series of reports regarding the development of digital asset markets. 

In one of the reports, titled Implications for Consumers, Investors and Businesses, the Treasury Department, highlighted a series of “conduct risks” associated with crypto assets. 

The U.S. Department of the Treasury observed: “Crypto-assets and markets that operate out of compliance with applicable laws and regulations, or are unregulated, can breed fraud, abusive market practices, and disclosure gaps. Certain practices in the crypto-asset ecosystem have resulted in financial harm to consumers, investors, and businesses; unfair and inequitable outcomes; and damage to the integrity of the market.”

As mentioned in our first installment of Deconstructing Crypto, standalone violations of the federal wire fraud, bank fraud and securities fraud statutes could be packaged together as a potential charge under the U.S. Racketeer Influenced and Corrupt Organizations Act (RICO) statute. In this second episode, New York Litigation Partners Todd Fishman and Eugene Ingoglia take us through an explanation of:

  1. What is RICO?
  2. The elements of a RICO Charge
  3. Criminal applications to digital assets
  4. Civil applications to digital assets
Great Fund Insights: Five questions on sustainability-linked fund financing

Great Fund Insights: Five questions on sustainability-linked fund financing

October 4, 2022

In this podcast, Greg Brown (Partner, London) and Joanna Pecenik (Counsel, Luxembourg) discuss sustainability-linked fund financing: what it is, the main EU regulatory drivers and the key issues that fund managers and lenders need to consider when agreeing terms to document a sustainability-linked fund financing. 

Topics discussed in this podcast include:

  • Sustainability-linked lending in the context of fund finance
  • Key EU and UK regulatory drivers towards sustainability-linked financing for limited partners and fund managers
  • Key issues that fund managers and their lenders need to consider when agreeing terms to document a sustainability-linked fund financing
  • How participants in sustainability-linked financings can look to protect themselves from accusations of ‘Greenwashing’
  • What we see on the horizon.
A discussion with Microsoft on the artificial intelligence (AI) platform Azure and its impact on self-driving cars

A discussion with Microsoft on the artificial intelligence (AI) platform Azure and its impact on self-driving cars

September 30, 2022

In our latest episode of Propel, host New York IP partner Paul Keller and guest speaker Kurt Niebuhr of Microsoft discuss the artificial intelligence (AI) platform Azure and its impact on self-driving cars. 

Kurt leads the High-Performance Computing (HPC) AI Workload Incubation team within Azure Engineering. The episode takes a deeper dive on the platform’s cloud computing capabilities, testing scenarios and performance feedback, the partner ecosystem, and the challenges ahead as the commercialization of autonomous vehicles continues to grow.

The developing cryptoasset landscape in the UAE podcast: Spotlight on consumer protection and data privacy

The developing cryptoasset landscape in the UAE podcast: Spotlight on consumer protection and data privacy

September 20, 2022

Consumer protection and data privacy are at the heart of the constantly evolving cryptoasset regulatory regime in the UAE.

In this episode, Middle East based senior associates Victoria Ferres (Financial Services Regulatory), David Berman (Litigation, Investigations and Contentious Regulatory) and Ravinder Mattu (Technology and Data Protection) explore why consumer protection and data privacy considerations are so important in the cryptoasset space and the measures that are in place in the UAE in order to protect consumers and manage data privacy issues in respect of cryptoassets.

They will explore the key consumer protection considerations relevant to cryptoassets under the various ‘onshore’ and ‘offshore’ legal jurisdictions which make up the UAE and also data protection regulations which apply to cryptoassets and distributed ledger technology, or DLT, and the key challenges which arise from this.

This podcast will be of interest to anyone involved in the crypto space or who is seeking to become involved in the crypto sector in the UAE, or in the broader GCC region.

This podcast forms part of a series where we will be focusing on key considerations relevant to the developing cryptoasset landscape in the UAE

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