In each episode of Connected With Latham, we discuss ideas, developments, and trends shaping the global economy.
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My new mix from my new home in Norway
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Welcome to Marybeth Latham, where amazing things happen. Cover art photo provided by Efe Kurnaz on Unsplash: https://unsplash.com/@efekurnaz
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Come on the journey with me as I explore the long-term focused, value investing field. Listen to annual/quarterly reports, analysis of specific companies and general investing ideas.
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If you are looking to buy or sell a home, get all the information and the latest updates, tips, and tricks from Jeff Latham- your professional washington Real Estate Agent.
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Welcome to the Strive To Be More Podcast! Join Human Rights Lawyer, Public Speaker and Fine Natural Hair ROCKS Founder Lavinia Latham as she shares solid advice with you about life, relationships, and personal growth. Tune in weekly for your personal dose of clarity and motivation to fuel your self-improvement journey.
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Episode 79 – Pro Bono: Rewilding the Scottish Highlands Through Forest Restoration
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Latham’s recently released 2023 Pro Bono Annual Review highlights our public service initiatives around the world, including our ongoing relationship with Trees for Life. This conservation charity is dedicated to rewilding the Scottish Highlands through the restoration of the Caledonian Forest, which supports wildlife found nowhere else in Britain.…
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Episode 78 – UK FinReg Focus Areas in 2024: ESG
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Following an array of ESG-focused regulation and escalating concerns of greenwashing risks in 2023, the year ahead looks to deliver significant industry developments at a rapid pace. In the UK, the FCA's Sustainability Disclosure Requirements (SDR), investment labelling regime, and anti-greenwashing rule will take effect during 2024. The FCA also p…
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Episode 77 – UK FinReg Focus Areas in 2024: Enforcement Against Individuals
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In 2023, the FCA brought more charges for fraud offences against individuals than any other year in the regulator’s history, and secured several convictions related to fraudulent investment schemes. Yet while the FCA has signaled that economic crime is on its radar, recent years have been defined by relative inactivity, as the higher burden of proo…
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Episode 76 – UK FinReg Focus Areas in 2024: Regulatory Divergence
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The UK’s announcement of the Edinburgh Reforms in 2022 made clear the government’s intention to chart its own course in rulemaking for the UK financial services sector, and no longer prioritise equivalence with EU legislation. The UK is currently in the process of repealing and restating all retained EU legislation, which will result in divergence …
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Episode 75 – UK FinReg Focus Areas in 2024: Enforcement Against Firms
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Two new Joint Executive Directors of Enforcement and Market Oversight appointed by the FCA in 2023 will settle into their roles over the year ahead. Following a period of enforcement defined by increased investigations and a willingness to push the envelope of legal interpretation, firms will look toward the coming year to resolve which areas of fo…
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Episode 74 – UK FinReg Focus Areas in 2024: Conduct and Culture
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With the UK financial services regulators due to publish Policy Statements to their consultations on diversity and inclusion (D&I) this year, conduct and culture remain high on the regulators’ agenda and connect closely to their other regulatory priorities. The regulators have proposed new D&I reporting and disclosure requirements for larger financ…
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Episode 73 – UK FinReg Focus Areas in 2024: Artificial Intelligence
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The coming year looks poised to act as a pivotal junction for the UK financial services regulators in deciding how to approach the regulation of artificial intelligence (AI), as the financial services industry sees the continued expansion of AI-related capabilities and use cases. To avoid stifling innovation, the UK government plans to take an “agi…
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Episode 72 – UK FinReg Focus Areas in 2024: The Edinburgh Reforms
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Since the announcement of the Edinburgh Reforms in 2022, the UK government has made progress on an assortment of measures spanning financial services regulation, with more developments expected in 2024. Though tabled initially as an ambitious suite of reforms, many of the proposals have not been particularly radical in reality. A recent Treasury Co…
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Episode 71 – Drug Pricing: A Look Ahead at Trends for 2024
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The pressure and uncertainty of 2023 will likely continue for drug manufacturers in 2024, with the election cycle bringing added scrutiny. At the federal level, continuing implementation of the Inflation Reduction Act, including publication of the so-called negotiated prices, may be disruptive. The states, meanwhile, will likely move forward with t…
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Episode 70 – UK FinReg Focus Areas in 2024: Investment Research
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The UK’s decision to scrap compulsory research unbundling, following the final recommendations of the Investment Research Review, marked one of the most striking developments for financial services firms in 2023. Permitting rebundling across the board with no market capitalisation threshold comes as part of a wider approach to reinvigorate UK capit…
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Episode 69 – UK FinReg Focus Areas in 2024: Retail Markets – Direction of Travel
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As part of the FCA’s continued focus on retail markets, updates to several key regimes are due to progress over the next year. In addition to further implementation of the FCA’s Consumer Duty, the government plans to present detailed proposals on modernising the consumer credit regime, develop proposals to address the “advice gap”, and bring in a n…
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Episode 68 – Drug Pricing: Will Agencies Exercise March-In Rights Based on Drug Price?
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The National Institute of Standards and Technology (NIST) recently published a draft guidance framework for considering the exercise of march-in rights. Under the Bayh-Dole Act, government agencies can “march in” on patents resulting from government-funded research if the patent licensee is not sufficiently developing the patented invention, based …
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Episode 67 – PE Views: The Most Pressing Cybersecurity Considerations For Private Equity
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Cyberattacks targeting well-resourced businesses, especially those with institutional backing, financial support, and deep insurance coverage, have become increasingly prevalent. PE portfolio companies in particular find themselves in the crosshairs of sophisticated attackers — a heightened risk that underscores the need for boards to devote attent…
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Episode 66 – UK FinReg Focus Areas in 2024: Primary Markets Reform
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For the last three years, UK regulatory authorities have commissioned an array of reviews and consultations to address friction points in the UK’s primary markets, culminating in reforms to the listing regime scheduled to take place in 2024. In addition to simplifying listing segments, these reforms signal a shift to a more disclosure-based regime,…
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Episode 65 – PE Views: How Can PE Sponsors Promote Transparency and Successful Fund Raise Amid ESG Scrutiny?
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Regulatory drivers and stakeholder demands have put environmental, social, and governance (ESG) considerations at the forefront of their agendas, with PE firms adopting ESG strategies across funds, investments, due diligence, and portfolio company management. This strong focus has prompted certain stakeholders to argue that ESG factors are receivin…
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Episode 64 – Energy & Infrastructure: How Can Companies Avoid Greenwashing Allegations and ESG Litigation Risks?
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As companies feel heightened pressure from stakeholders to adopt environmental, social, and governance (ESG) measures, greenwashing allegations continue to rise in tandem. Complex regulatory environments in the US and across Europe increase the likelihood of enforcement actions and demands for leadership teams to validate their public statements an…
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Episode 63 – M&A Views: How Should Deal Teams Navigate a Global Crackdown on Restrictive Covenants?
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Regulators in the US, EU, and UK have increasingly scrutinized non-compete and no-poach clauses in employment agreements and M&A deals. The US Federal Trade Commission proposed a rule to ban non-competes in most situations, while several US states seek to implement complete or partial non-compete bans. In Europe, the European Commission and the UK’…
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Episode 62 – Has FDA Meaningfully Changed Its Restrictions on Off-Label Communications?
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Following a number of challenges to administrative enforcement on First Amendment grounds, the Food and Drug Administration (FDA) released a new draft guidance document addressing truthful and non-misleading communications regarding product uses not approved or cleared by the FDA. Notably, the document updates the standard for using scientific or m…
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Episode 61 – Drug Pricing: New OIG Guidance Reaffirms the Seven Elements of an Effective Compliance Program
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In November, the Department of Health and Human Services’ Office of the Inspector General (OIG) issued new compliance program guidance that affirms OIG’s long-standing focus on the seven elements of an effective compliance program, first published in 2003. In this episode of Connected With Latham, partner Chris Schott and associate Danny Machado ar…
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Episode 60 – PE Views: Is the CMA’s Focus on Roll-Up Transactions Here to Stay?
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The UK’s Competition and Markets Authority (CMA) has increasingly asserted its jurisdiction to review private equity buy-and-build transactions, including completed deals, citing competition concerns and protection against perceived threats to consumers. With regulators in the US and elsewhere voicing similar concerns, PE firms and portfolio compan…
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Episode 59 – SCOTUS Update: Perez v. Sturgis Secures a Supreme Court Win for Disability Rights
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On March 21, 2023, the US Supreme Court ruled for Miguel Luna Perez, a Latham pro bono client, in Perez v. Sturgis. Perez, who is deaf, was repeatedly denied reasonable accommodations, including a qualified sign-language interpreter, by Sturgis Public Schools and the Sturgis Public Schools Board of Education. Lower courts had held that Perez could …
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Episode 58 – FDI Developments: M&A Security Screening in Europe's Fragmented FDI Landscape
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As security interests have become increasingly important in Europe and globally, comprehensive investment control reviews are now an unavoidable element of any cross-border acquisition – with complex legal standards that vary greatly from country to country. In this episode of Connected With Latham, London private equity partner Tom Evans speaks to…
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Episode 57 – Drug Pricing: What Trends Emerged from the 2023 Medicaid Drug Rebate Program Summit?
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Not surprisingly, the Inflation Reduction Act (IRA) and its impact on the pharmaceutical industry was a key topic when manufacturers, government officials, and other stakeholders convened in Chicago for the annual Medicaid Drug Rebate Program Summit. The conference’s wide-ranging agenda spotlighted key questions and trends emerging from the Centers…
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Episode 56 – M&A Views: Avoiding Buyer’s Remorse in M&A Deals
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The buoyant market of 2021 and early 2022 resulted in compressed deal timelines and frenzied competition, causing many deals to be signed with fewer buyer protections and less information about target businesses. The aftermath of this M&A surge has seen a rise in post-closing discoveries of target company issues, compounded by ongoing macroeconomic…
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Episode 55 – Insurtech: What Should Startups Do After Receiving FCA Authorization?
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Startups in the insurtech sector have found increasing success in obtaining authorization from the Financial Conduct Authority (FCA). Yet the requirements to achieve such success can complicate a startup’s operations, from early pressure on resources and staffing to regulatory obligations. In this episode of Connected With Latham, partner Shing Lo …
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Episode 54 – Drug Pricing: Focus on Best Price — CMS Proposed Rule, Inflation Reduction Act
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In a proposed rule issued earlier this summer, the Centers for Medicare & Medicaid Services (CMS) suggested expanding the scope of combining, or stacking, discounts when determining best price. Meanwhile, the Inflation Reduction Act amended the statutory best price definition to include maximum fair prices negotiated under CMS’s new Medicare price …
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Episode 53 – Energy & Infrastructure: Can Sustainable Finance Fuel the Energy Transition?
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As more energy and infrastructure companies commit to sustainability targets amidst the energy transition, sustainable finance options, such as green bonds, increasingly offer a viable alternative to traditional financing for projects across the globe. Still, with enhanced regulatory scrutiny, concerns of greenwashing, and ESG-related litigation, c…
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Episode 52 – Drug Pricing: Could a Single Reference Price Apply Across a Therapeutic Class?
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The policy conversation related to reimbursement rates for drugs has recently turned toward pricing for entire therapeutic classes, rather than assessing the value of an individual drug. Two recent developments emphasize a growing call for establishing a single payment rate for therapeutic classes: the Medicare Payment Advisory Commission’s (MedPAC…
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Episode 51 – Drug Pricing: Final IRA Price Negotiation Guidance – How CMS Addressed the Part D/B Problem
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The Centers for Medicare & Medicaid Services (CMS) recently published its final guidance to implement the drug price negotiation provisions of the Inflation Reduction Act. While retaining the active moiety/active ingredient approach to identifying drugs subject to negotiation, CMS now will only include those products with historic or likely Part D …
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Episode 50 – PE Views: Under New Reforms, Is the Customer Always Right?
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Consumer-facing companies face an increasingly complex UK regulatory landscape as multiple regulators place the spotlight on consumer rights and protections. A raft of new legislation focused on “good consumer outcomes” is set to impact businesses and PE sponsors, heightening enforcement and censure risks including fines, public sanctions, and cons…
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Episode 49 – PE Views: Will Greenwashing Rain on the UK PE Parade?
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Amid concerns of exaggerated or misleading sustainability claims, the UK Financial Conduct Authority’s (FCA) proposal for new labelling and disclosure rules for sustainability claims has put a spotlight on a growing range of greenwashing risks. Private equity firms should evaluate the latest wave of new rules and requirements being enacted and cont…
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Episode 48 – M&A Views: Will UK-Bound M&A Need to Come to US Terms?
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Global M&A deal volumes have dipped at the start of Q1 2023, yet UK-bound M&A activity is expected to be one of the year’s highlights as overseas buyers seek out attractively priced British public and private targets. Within this activity, US buyers’ deal term preferences are likely to impact private UK M&A. So transatlantic dealmakers will find it…
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Episode 47 – Real Estate Realities in Europe: Expensive Money and the Power of Private Equity
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As interest rates soar to the highest rates in a decade, European real estate buyers and sellers are struggling to makes economic deals — transaction volumes in Europe fell by 44% in the last year. Despite a comparatively down year in fundraising for real estate funds, some €80 billion has already been raised for real estate acquisitions, in contra…
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Episode 46 – PE Views: PE Must Strike the Right Balance With Unions
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Widespread economic pressure — including pay, inflation, and the ongoing cost of living crisis — has increased union visibility. As the number of workers interested in union membership grows and the frequency of strikes surges in the UK and elsewhere, PE deal teams should remain mindful of the presence and role of unions in M&A. In this episode of …
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Episode 45 – Will Insurtech Reach New Heights in 2023?
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Insurtech has become a darling of both traditional players in the insurance market and disruptive fintech operations. The coming year looks to continue this trend, with companies looking to insurtech as a venue for penetrating new markets. Yet as insurtech’s attractiveness continues to grow, potential investors will need to navigate a highly regula…
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Episode 44 – PE Views: Private Equity Looks to Share-Based Schemes to Incentivise Non-Managerial Staff
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Equity and co-investment opportunities have long served as tried and tested strategies for buyout firms seeking to incentivise management and align key management interests with those of the PE sponsor. However, PE sponsors in the US have recently received credit for extending share ownership opportunities beyond key management — and in some cases,…
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Episode 43 – Energy & Infrastructure: The Drivers and Opportunities of Asia’s Digital Infrastructure Boom
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Digital infrastructure has become a basic component of all economies, and growth economies in particular. For many countries in Asia, digital infrastructure will drive development as much as power and water supply – particularly in Singapore, Indonesia, Vietnam, and India, which have the potential to be serious players in the global tech industry. …
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Episode 42 – PE Views: Has Rethinking Cannabis Sparked PE Interest?
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Not long ago, the prospect of significant PE investment in the cannabis industry would have been unthinkable for many. However, recent regulatory and legal developments have created opportunities for medical cannabis businesses and legalised new non-medical cannabis applications in many jurisdictions. Buyout firms have shown significant appetite fo…
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Episode 41 – PE Views: Why Do Music Deals Sound So Attractive to PE?
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Music deals, particularly the acquisition of rights to songs and recordings by popular music artists, remain attractive investments for PE. The continued popularity of global streaming services and the music rental economy have helped to reduce the threat of online piracy, made revenues easier to track and predict, and ensured that strong revenues …
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Episode 40 – PE Views: Could PE Benefit From the Universal Adoption of “Super Senior” RCFs in Leveraged Financings?
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Undrawn revolving credit facilities (RCFs) serve as essential parachutes to private equity. They are a backup in the event of mismatches in the working capital cycle, they provide comfort for a rainy day, and they preserve swift access to deal-making when other financing sources are unavailable, or less easily accessible. The COVID-19 pandemic clea…
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Episode 39 – New FDA Commissioner Dr. Califf: What His Appointment Means for the Regulated Industry and What to Watch for in 2022
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Now that the US Senate has confirmed Dr. Robert Califf as Commissioner of the US Food and Drug Administration, a position he held briefly in the Obama Administration, we turn to the priorities and perspective he is likely to bring to the agency. Making big data, including from electronic health records, useful for research and sufficient to support…
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Episode 38 – PE Views: How are ESG Regulatory Reforms and Investor Focus Shaping the Market?
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Market sentiment and the increasing importance of environmental, social, and governance (ESG) to firms’ competitiveness across the market, combined with wide-ranging and rapidly developing ESG regulatory reforms, are driving increased focus on ESG at both LP and GP levels across Europe. As a result, the market is showing demand for enhanced diligen…
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Episode 37 – Energy & Infrastructure: What’s Behind The Wave of ESG Shareholder Activism?
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After years of garnering little attention, environmental, social, and governance (ESG) matters are now top-of-mind for institutional investors – and are beginning to drive activist campaigns. What is behind this wave of ESG activism? And what can companies do to prepare for the possibility of an ESG-driven activist campaign? In this episode of Conn…
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Episode 36 – Fintech Focus: The Year in Crypto – What Changed and What Comes Next in 2022?
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In 2021, the outlines of emerging crypto legal and regulatory regimes became steadily clearer. In the US, new regulators brought a fresh perspective and new enthusiasm for investor protections, with parallel efforts gaining traction in Congress. Across the Atlantic, the European Commission adopted a digital finance package and will soon ratify the …
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Episode 35 – PE Views: Is Gaming the Next Level for Private Equity?
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Global video game revenue in 2020 jumped by 20% to US$179.7 billion, making the sector larger than the film and North American sports industries combined. And this uptick in gaming is no temporary spike; market forecasts project 10.2% annual growth through 2025. Venture capital firms have enjoyed success in the video game space, which is likely to …
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Episode 34 – Fintech Focus: What’s Next for Hong Kong and Singapore in 2022?
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The sixth annual Hong Kong and Singapore fintech events, both held in November 2021, revealed key new initiatives, regulatory developments, and market trends that will play out in 2022 and beyond. In Singapore, the Monetary Authority (MAS) released its initial assessment of the economic case for launching a retail central bank digital currency (CBD…
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Episode 33 – PE Views: How is Creative Collateral Use Changing PE Finance Options?
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Raising fresh capital for portfolio companies in times of financial stress is always a delicate balancing act between attracting new lenders and maintaining the strategic support of existing creditors. The almost instantaneous halt in cash flows and scramble for new capital injections precipitated by the COVID-19 pandemic has significantly changed …
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Episode 32 – PE Views: Will UK IPOs with Dual Class Shares Surface New PE Opportunities?
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The UK has now seen several public listings with dual class share structures, including most the £5.4 billion IPO of The Hut Group, which had a “special” share for the founder. With the UK government keen to increase the marketability of UK listings following Brexit, we anticipate that US dual class deal architecture is likely to be featured on a g…
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Episode 31 – PE Views: How is Growth Equity Connecting PE and VC?
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Emerging companies have historically been backed by venture capital funds, but as Europe’s startup scene matures, involvement by more traditional private equity investors is growing, particularly in the tech, consumer, and digital health sectors. Recent PE investments in emerging companies include stakes in Wolt, Moonbug Entertainment, Zwift, Klarn…
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Episode 30 – PE Views: Has the Pandemic Increased Whistleblowing Risks?
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As global businesses react to the pandemic and social movements, private equity firms should remain watchful for whistleblowing issues involving both portfolio and target companies. There is now simply more to blow the whistle on, from workplace health and safety issues and misuse of government furlough schemes, to racial equity and sexual harassme…
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