A tech-entwined world necessarily puts focus on technology companies and the opportunities that arise with them. TMT Talk, the Global TMT industry podcast, will help you navigate and prioritize via insights from top legal advisers in strategic technology markets. We'll go into the issues, how they affect businesses, society, and the way players deal with them.
Episode 50: Gaming on the rise: Market levelling up in Latin America
In this episode of TMT Talk, Harry Valetk, is joined by Carlos Vela, a technology partner located in Mexico City, and Flavia Rebello, an IP partner based in São Paulo to discuss what's going on in the LatAm region with respect to the video game industry, its size and the legal and market trends. In addition, our partners will talk about the key trends in the region, including around investment, regulation and localization, and much more.
Episode 49: 2021/2022 TMT takeaways from the Digital Transformation & Cloud Survey
Baker McKenzie's 2021/2022 Digital Transformation and Cloud Survey aims to capture an important aspect of the evolution of technology and cloud services, with findings from 500 cross-regional global respondents. In this episode of TMT Talk, Lothar Determann, Adam Aft, Anne-Marie Allgrove, Carlos Vela-Trevino, and Steve Holmes discuss the trends and key issues affecting clients in the TMT industry surfaced by the survey, including around liability, data residency and more.
Episode 48: Consumer Protection in Video Games – Advertising
In this episode of TMT Talk, Harry Valetk is joined by Renata Amaral, Head of the Environment, Climate Change and Sustainability Practice Group at Trench Rossi Watanabe in Brazil, to discuss consumer protection in the video gaming industry with a special focus on advertising. Learn what makes video game consumers a special category of consumers, who acts as providers according to the law and court decisions, how the law considers children video game consumers and much more.
Episode 47: What are the practical implications of the OECD Pillars 1 and 2 for TMT companies
The OECD's proposed changes to the Tax regime, particularly seeking to address the issues around taxing multi-national enterprises in an increasingly digital world, have the potential to have far reaching consequences for TMT companies around the world. In this episode, Kate Alexander, Mounia Benabdallah, and Erik Christenson unpack the practical implications of these new proposals. Our experts will discuss what are changes, what should companies expect, and what should they be doing right now.
Episode 46: Monetization Challenges in Video Games – Loot Boxes (Spanish version)
* This episode is in Spanish
Episode 45: 10 Key Considerations for the TMT industry: CFPB Investigations/Actions
In this episode of TMT Talk, Teresa Michaud, Jennifer Connors, and Amy Greer discuss the latest regulatory activity affecting the tech sector. Our experts give their insights on the new enforcement activity from the Consumer Financial Protection Bureau, including who will be a target and how companies should prepare.
Episode 44: Monetization Challenges in Video Games – Loot Boxes
In this episode of TMT Talk, Harry Valetk, is joined by Tiago Zapater, a litigation partner at Trench Rossi Watanabe in Brazil, to discuss the monetization challenges in video games. Listen in to learn how video games sell and make money, loot boxes and their significance in the region, recent decisions and class actions in Brazil and much more.
Episode 43: Vaccine Mandates - What TMT Companies Need to Know
The emergence and subsequent spread of the Delta variant has led several countries, most notably the United States, into adopting more stringent health and safety protocols. On 29 July 2021, President Biden declared that the US government would be imposing vaccination requirements in certain cases and offering additional incentives for its citizens to be vaccinated. Following this announcement, TMT Talk revisits the important legal aspects of vaccinations, as they apply to the TMT sector. Kate Alexander, Susan Eandi, and Julia Wilson discuss key considerations for companies when it comes to vaccination requirements and workplace safety protocols, as well as their perspective on how to best approach vaccine mandates.
Episode 42: ESG: Key Issues and Developments for Global Supply Chains for the TMT Sector
In recent years, companies worldwide, including those belonging to the Technology, Media & Telecoms industry, have placed increased importance on ESGs and have shifted their initiatives and operations accordingly. In this episode of TMT Talk, Adrian Lawrence leads our panel of experts in a discussion about aspects of ESG that are relevant to supply chains. Aleesha Fowler, Doug Sanders, and Graham Stuart offer their insights on relevant developments, possible risks, and challenges that TMT companies with global supply chains need to know and consider.
Episode 41: Litigation Readiness for the Tech Industry
Rapid digitalization, rising expectations when it comes to Environmental, social, and governance matters, and the ongoing pandemic, are just a few factors that continue to transform the legal landscape for the TMT industry. This episode of TMT Talk specifically focuses on how these factors have changed litigation, how tech companies have evolved and how they should continue to evolve. Teresa Michaud, Jennifer Semko and Francesca Richmond discuss current litigation trends, litigation readiness strategies employed by the TMT sector (as assessed by the Baker McKenzie Litigation Intelligence report) and will share their insights on how these companies can further develop their preparedness.
Episode 40: 5G and Cybersecurity
Every revolutionary technology brings with it, not only new opportunities but also new challenges, and it is no different with the further development of 5G. This episode of TMT Talk takes a closer look at the cybersecurity risks around this exciting new technology. Listen in to Jay Ruan, Francesca Gaudino, and Ken Chia as they share their perspectives on the risks, rewards, and current state of play around 5G.
Episode 39: 5G Technology: Impact and Applications on the Unmanned Aircraft Systems Sector
5G has proved to be an important and transformative technology in an increasingly digital world. Parallel and complementary is the significant growth of the Unmanned Aircraft Systems (UAS) sector. This sector is disruptive and has varied applications, and will further prove to be a useful asset in the post pandemic era - and is projected to be an increasingly key and exciting technology around the delivery of 5G and vice versa. In this episode of TMT Talk, Raffaele Giarda, Jennifer Trock, and Andrea Mezzetti discuss how 5G helps the UAS sector advance further and what role technology companies, in turn, play in further developing 5G technology itself.
Episode 38: ESG Issues in Tech M&A
Sustainability is a rapidly evolving and important area for companies in the Technology, Media & Telecoms industry. This episode concentrates on ESG issues and how focusing on them can continue to help the TMT sector in the wake of the pandemic. Listen in as Adrian Lawrence, Alyssa Auberger, and Greg McNab discuss this topic in the context of tech M&A around the ESG issues that have become the focus of acquisitions, and also on key points such as the technologies that companies are using to advance sustainability initiatives.
Episode 37: China Export Control Law
China has approved and enacted its first Export Control Law, the first export control legislation in China aimed at regulating the export of sensitive materials and technologies from China to overseas. Jay Ruan, Marcela Robledo, Alison Stafford-Powell, and Vivian Wu have an insightful discussion about what is covered by this new legislation and how it can possibly affect the US-China trade relations. Our panel of experts delve into the aspects of the Export Control Law that will have an impact on the technology industry and what steps can be taken to manage these.
Episode 36: EU Digital Markets Act
The EU Digital Markets Act has been proposed in order to further regulate the digital economy. In this episode of TMT Talk, Carolina Pardo is joined by Paul Johnson and Laura Philippou to discuss the potential scope, approach, and effectiveness of this new legislation. Our panel of experts will also give their perspective on the current status of the DMA, and what next steps the Technology, Media & Telecoms industry can expect.
Episode 35: EU Digital Services Act - What are Your Obligations?
On December 15, 2020, the European Commission published the first draft of the Digital Services Act ("DSA"). In this episode of TMT Talk, Carolina Pardo discusses this impactful legal development with Ben Allgrove, Rebecca Bland, and Julia Dickenson. Our TMT industry experts highlight the key points of the DSA, give their perspectives on the new obligations included in it, who they apply to and provide updates on progress relevant to this new law.
Episode 34: Tax Development: Permanent Establishment in France
On 11 December 2020, the French Supreme Administrative Court ruled that Valueclick International, an Irish company in the digital sector, had a permanent establishment in France, for purposes of both corporate income tax (CIT) and value-added tax (VAT), through another Valueclick subsidiary, Valueclick France. In this episode of TMT Talk, Kate Alexander, Ariane Calloud, and Erik Christenson review this landmark decision from the perspectives of French and US tax law. Listen to our panel of experts explore both the national implications and possible global impact of this ruling, which is particularly relevant to technology companies interested in entering the French market.
Episode 33: European Electronic Communications Code and the TMT Sector
The European Commission opened infringement procedures against 24 member states on 4 February 2020, for failure to transpose the European Electronic Communications code. In this episode, Raffaele Giarda discusses the implementation statuses of Sweden, Poland, and Germany with Jennie Nilsson, Joachim Scherer, and Radoslaw Nozykowski. Focus of the discussion is also on how infraction proceedings will affect the relevant processes and measures in each country. In addition, our industry experts outline the challenges and opportunities that TMT businesses need to consider in the face of this new law, and how it can transform the telecommunications landscape.
Episode 32: Data Litigation
While it is a broad subject matter, Data Litigation is an important one to be considered by the TMT industry. Join us to hear Lothar Determann, Paul Forbes, Paul Glass, and Marcela Trigo sharply pinpoint and identify trends and key strategic issues that tech companies must consider in order to make sure they are protected. This panel of experts share their insights on the intricacies of data litigation with perspectives from the US, Australia, UK, and Brazil.
Episode 31: COVID-19 Vaccines - Key Considerations for the TMT Sector
The arrival of the COVID-19 vaccines it is hoped will signify the true end of the global pandemic. Most countries have rushed to secure their own supply, but while this may be the beginning of the road to recovery, it is crucial that the TMT sector thinks about how the availability of the vaccines immediately and concretely affects businesses and our society. This episode of TMT Talk explores the practicalities around COVID-19 vaccine accessibility and requirements. Our industry experts, Lothar Determann, Magalie Dansac le Clerc, Susan Eandi, and Julia Wilson, focus on the impact of vaccination on the tech industry, particularly on trends and key considerations from an employment and data privacy standpoint.
Episode 30: Brexit for Tech Companies: Important Updates
After years of lengthy political negotiations, UK Prime Minister Boris Johnson, European Council President Charles Michel, and European Commission President Ursula von der Leyen formally sealed the Brexit deal on 30 December 2020 by signing the EU-UK Trade and Cooperation Agreement. As the UK braces for the changes that come with the finalized agreement, TMT companies must take into consideration expert insights in order to have a clear view of the opportunities and challenges that will inevitably arise. Listen in to Lothar Determann, Tony Haque, Alex Lumley, and Jessica Mutton as they provide updates on key points of the agreed Brexit deal.
Episode 29: 5G Technology: Key Issues, Trends, and Latest Developments
5G is of strategic importance to the global digital economy, promising improved network connection, higher speed, increased availability, and, ultimately, a more connected world. As the rollout out of 5G continues globally, offering exciting new possibilities, it is worthwhile to discuss its implications. In this episode of TMT Talk, Jay Ruan, Stephen Crosswell, Lisa Fontenot, and Janet Mackenzie give their insights into the key issues, trends, and latest developments currently surrounding this important and transformational technology.
Episode 28: Weathering the Storm: Diversity and Inclusion in the TMT Sector During the Pandemic era
COVID-19 has caused global financial challenges and has forced the majority of the world to work remotely, changing what businesses need to consider when it comes to creating an inclusive and equitable work environment, especially in work environments mostly facilitated by technology. In this episode of TMT Talk, we hear Adrian Lawrence, Anna Brown, and Susan Eandi share their insights on diversity and inclusion around areas uniquely shaped by the pandemic. Our experts discuss the parallels between the state of D&I during the Pandemic Era and the Great Recession in 2008, key diversity issues that are top of mind for the tech industry, and what D&I strategies can be employed to ensure that workplaces remain inclusive.
Episode 27: 2020 Digital Transformation and Cloud Survey: Highlights for the TMT Sector
In October 2020, Baker McKenzie released the sixth edition of the Digital Transformation & Cloud Survey. In this episode of TMT Talk, Carolina Pardo, Adam Aft and Sue McLean profile highlights from the survey from the perspective of the TMT sector. Join us as we look into the key trends identified in the survey and how these trends are relevant to tech companies.
Episode 26: California Privacy Rights Act - What You Need to Consider
On 3 November 2020, California passed the California Privacy Rights Acts, which widens the scope of responsibility of businesses when it comes to data privacy and will take effect in two stages. Companies should now take time to examine what they can do to reduce the risk to their businesses around new rules for personal information of employees and business contacts and other issues such as enforcement .This episode of TMT Talk provides an understanding of how it has changed California's current privacy laws. Listen in to Lothar Determann, Teresa Michaud, Andrea Tovar, and Helena Engfeldt as they have an insightful discussion on the larger litigation context that surrounds CPRA, its privacy and compliance aspects, and what clients need to do and focus on in light of this new law.
Episode 25: Navigating Through Data Centres and Tax
Data centers have become essential to most businesses in the tech industry and setting these up involves several complex aspects, not least of which is the tax component. To tackle this, TMT Talk brings you the technical tax expertise of Kate Alexander, Michiel Kloes, and Hub Stolker. Our panel of experts delve into how to consider set up in terms of tax, proactive interactions with tax authorities, how to mitigate the risks of tax disputes, and how to manage such tax disputes - all in the context of data centres.
Episode 24: Tech M&A Deals in the New World
The pandemic has affected us all for most of 2020. It is important to consider how businesses and governments have reacted to this long-term threat and how these responses have influenced global market trends. This episode of TMT Talk specifically focuses on how these recent trends that have affected the M&A activity in the tech industry. Join Raffaele Giarda, Leif King, Sze Shing Tan, and William Holder as they share insights on technology related M&A developments in the United States, Asia Pacific, and Europe.
Episode 23: User-Generated Content
Technology has facilitated ever-increasing content creation and with this benefit comes less-than-desirable phenomena, like fake news and defamatory content. This, along with the opportunities and challenges that user-generated content creates for the tech industry, has made the regulation of online content a global hot topic. In this episode of TMT Talk, Carolina Pardo, Janet Mackenzie, Lawrence Lee, Lex Kuo, and Gabriela Paiva-Morette discuss the trends and recent updates on the measures employed worldwide to tackle this issue.
Episode 22: Brexit for Tech Companies
The rules for the new UK-EU relationship following Brexit will be fully implemented by 1 January 2021. With the deadline fast approaching, now is the time to discuss the status and likelihood of a deal, given its inevitable effects on TMT companies. In this episode of TMT Talk, Lothar Determann, Tony Haque, Alex Lumley, and Jessica Mutton offer their expert views on what the TMT industry can expect from Brexit from a trade, regulatory, employment and immigration perspective.
Episode 21: Foreign Direct Investment
The US Department of Treasury issued the final CFIUS/FIRRMA regulations on its foreign investment on 13 January 2020, effective 13 February 2020. While it is far from the only country that has re-examined its stance on foreign direct investment, this move by one of the biggest economies worldwide has made a discussion on the topic timely, if not necessary. In this episode of TMT Talk, Lothar Determann, Anahita Thoms, and Rod Hunter share their views on the policies that different countries employ to tackle the question of foreign direct investment, how these policies reflect a tech-intensive world, and what tech companies now need to consider in light of this emergent form of globalization.
Episode 20: Media Restart Strategies
The pandemic has introduced an interesting dynamic for the media industry: the consumer demand for content increased, but the production and distribution of content has become more challenging. In this episode, our panel of experts tackle the new circumstances that surround the reopening of media companies worldwide. Join Carolina Pardo, Chema Mendez, and Teresa Michaud as they dissect the restrictions that are now part of all these businesses' new normal, the strategies that the content producers and distributors employ to meet the rising demand for content, and the opportunities that have arisen despite the complications brought about by the pandemic.
Episode 19: Working Remotely
As the pandemic necessitates continued physical distancing, tech companies worldwide have turned to remote working to ensure the stability of their businesses. This episode of TMT Talk explores the working-from-home phenomenon from a data privacy, tax, and employment standpoint. Join Kate Alexander, Michael Brewer, Michiel Kloes, and Flavia Rebello as they share powerful insights on this essential aspect of our new normal.
Episode 18: Business Future Proofing - Compliance and Investigations
TMT Talk continues to be your source of information on how COVID-19 has shaped the Technology, Media, and Telecoms industry. This episode focuses on how compliance has changed during the pandemic and what other developments to expect in the post-pandemic world. In this edition Lothar Determann, Jo Ludlam, and Widge Devaney share with us their views on the risks and challenges that the industry faces in terms of compliance, what tech companies can do to address them, and how these companies' compliance functions can navigate higher risk with fewer resources.
Episode 17: Digital Services Tax: Unpacking What Matters and What is Conjecture
This episode of TMT Talk discusses the issues and challenges when it comes to digital services tax and its possible wider implications on global tech companies. Kate Alexander, Ariane Calloud, Dominika Korytek and Antonia Azpeitia tackle the timely global questions that surround the taxation of digital multinational companies. Listen in to our panel of experts as they give their perspectives on what is conjecture, what to consider and where we see the world going.
Episode 16: Schrems II – Impact on the TMT Sector
The Court of Justice of the EU issued its judgment in Data Protection Commissioner v Facebook Ireland Limited, Maximilian Schrems on 16 July 2020. This decision has implications on the wider issue of regulation of international data transfers and, by extension, the tech industry. Our panel of experts, consisting of Lothar Determann, Elisabeth Dehareng and Brian Hengesbaugh, examines the intricacies of the ruling and what it means for the TMT sector.
Episode 15: Sustainability in the New Normal
Companies in the Technology, Media, and Telecommunications sector face a different set of regulations as the world attempts to create a new normal. This episode of TMT Talk zeroes in on how the enforcement of environment compliance has changed and how health and safety measures have evolved to prepare for the employees' return to the workplace. Join Adrian Lawrence, Renata Amaral, and Graham Stuart as they share their perspectives on these key issues affecting the tech industry.
Episode 14: Key Antitrust Compliance Issues in the TMT Industry
Antitrust risks for TMT companies, as with any company, make having a robust antitrust compliance program more important than ever. And instilling a "culture of compliance" is a crucial part of any such program. In this episode of TMT Talk, partners Carolina Pardo, Creighton Macy and Samantha Mobley discuss key antitrust compliance issues and how they apply to the Technology, Media, and Telecommunications sector.
Episode 13: Data Security
The accelerated rate with which people have embraced a more digital society and more tech-dependent ways of working has also given rise to challenges and issues when it comes to privacy and data security. Raffaele Giarda, Amy de la Lama and Francesca Gaudino discuss data protection issues associated with telework, the inevitable increase in cybersecurity risks, and privacy and security challenges, resulting from increased usage of AI and M2M. Join our panel of experts as they continue to reveal the complexities of a technology-driven world, forever changed by the pandemic.
Episode 12: Cloud Services and the Demand for Cloud Infrastructure
In the battle against COVID-19, many countries have implemented lockdowns, quarantined citizens, and closed borders, effectively accelerating the rate of digital transformation across the globe. Our new ways of working have made virtual connection necessary, and cloud infrastructure services essential. In this episode, Steve Holmes and Sonia Ong join Raffaele Giarda in tackling the issues and opportunities surrounding the adoption and demand for cloud services.
Episode 11: Expected Developments in M&A Transactions in the TMT Sector
TMT Talk continues to identify issues relevant to the Technology, Media, and Telecommunications sector, as companies determine their next steps and strategies around COVID-19. In this episode, Raffaele Giarda, Howard Wu and Derek Liu tackle the M&A developments and trends that have emerged as tech companies find ways to adjust in the new world created in the aftermath of the pandemic. This insightful discussion features perspectives from the West Coast and China, with increased M&A activity in gaming and content production, and the relationship between the US and China as just some of key points.
Episode 10: Government Interventions in the Time of COVID-19
Society is slowly entering the recovery and renewal phase of the COVID-19 pandemic. Countries have begun to relax their anti-COVID-19 measures and infection rates worldwide have started to see some improvement. As we attempt to recover, it is necessary to take stock of how the virus has affected economies, which will be essential in helping usher the world into a new normal. In this episode of TMT Talk, Raffaele Giarda, Koen Vanhaerents, and Nina Niejahr delve into the issues and developments around government interventions planned or already set in place to help the Technology, Media, and Telecommunications sector as it navigates the global economic crisis left in the wake of the virus.
Episode 9: Digital Transformation: Analysis Using the SMART Framework
Technology continues to forever change the way companies and organizations around the world operate. In this episode of TMT Talk, Adrian Lawrence, Stephanie Magnus, Isabella Liu, and Paolo Sbuttoni discuss the salient points of society's digital transformation. Using Baker McKenzie's SMART framework, our panel of experts share their insights on hot topics such as FinTech, HealthTech, and e-Commerce.
Episode 8: Trust Through Tech Leaders: Devising a Proactive Approach Towards Regulation
Society's attitude towards the technology sector has changed as technology has become intricately woven in our daily lives. This change in perspective and the accelerated rate with which we have come to rely on technology due to the pandemic has made it necessary for a new approach in regulation as well. In this episode of TMT Talk, Raffaele Giarda, Ben Allgrove and Sue McLean have a thought-provoking conversation about the shift in attitudes to disruption in the sector, how the players have begun to be more proactive in terms of regulation and the new regulatory environment for technology companies that we can expect from this point forward.
Episode 7: Protectionism and Trade Wars in the TMT Sector
The Technology, Media and Telecommunications sector continues to thrive, as e-commerce, cloud-based services/SaaS solutions and various technology solutions for work from home becomes increasingly relevant and in-demand. Alison Stafford Powell and Jennifer Revis join Raffaele Giarda in a discussion on the specific challenges that these tech companies experience from a protectionism and trade wars standpoint, since their endurance depends on a global supply chain. In our aim to give a complete 360 perspective, this episode will also explore the opportunities that the sector can expect from trade and customs.
Episode 6: COVID-19 and Its Impact on Antitrust in the TMT Sector
The virus' continuing global rampage has driven companies in the Technology, Media, and Telecommunications sector to find new ways of working and new solutions brought about by the pandemic. Given this, COVID-19 antitrust-focused topics, such as collaboration among competitors, application of antitrust laws during this crisis, and antitrust enforcement on tech companies, have become singularly relevant. In this episode of TMT Talk, Raffaele Giarda, Creighton Macy, and Carolina Pardo will shed light on the antitrust issues TMT companies are experiencing now and those we expect to see in the changed world after COVID-19.
Episode 5: Employment Strategies in a COVID-19 World and Beyond
The impact of COVID-19 has never been more visible as in the transformation of global employment. With Raffaele Giarda, Susan Eandi and Bernhard Trappehl provide insights into how different technology companies handle the requirements and adjustments that inevitably come with the worldwide quarantine and the work-from-home dynamics that currently define our new normal. This episode of TMT Talk also looks into the future of work and explores what we can expect from a world beyond COVID-19.
Episode 4: Tax-specific Implications of COVID-19
TMT Talk continues to be your guide for business-critical trends in the Technology, Media, and Communication sector. In this episode, we delve into the impact of COVID-19 on the key tax considerations of businesses worldwide. Kate Alexander is joined by Richard Fletcher and Tamara Levin for a deeply engaging discussion on how tax provides opportunities and creates potential major pitfalls in the advent of the pandemic.
Episode 3: Data: It's Good to Share in the Time of COVID-19
Data privacy and data sharing have always been contentious issues, but more so in these times when companies and private citizens are compelled to provide personal information and consumer data to aid in the fight against COVID-19. In TMT Talk's third episode, Raffaele Giarda, Magalie Dansac Le Clerc and Brian Hengesbaugh tackle the intricacies surrounding the data collection activities of governments around the world. Join us as we continue to provide insights into how the Technology, Media & Telecommunications sector responds to the challenges brought about by this global crisis.
Episode 2: Coronavirus: Impact on the TMT Sector and Supply Chain
Anne Petterd and Mattias Hedwall join Raffaele Giarda in a timely discussion on COVID-19's impact on the TMT sector and supply chain. The episode begins with insights on how the TMT sector's supply chain has been affected and how companies in the tech industry have chosen to respond in the last few months, and ends with providing listeners a view of possible long-term solutions to disruptions in the supply chain. With "Coronavirus: Impact on the TMT Sector and Supply Chain," TMT Talk aims to provide you with a holistic view of how the world of Technology, Media & Telecoms has and will continue to adapt in the face of this pandemic.
Episode 1: AI in the Time of Coronavirus
"AI in the Time of Coronavirus" tackles how companies and governments are using technology to help fight the COVID-19 outbreak and alleviate its effects. The episode also contains discussion on the interconnected privacy and cybersecurity issues that come with investment in technological solutions during crises. With big data, predictive analytics, social media, and surveillance technology as just some of the key points, Raffaele Giarda, Jay Ruan, and Paolo Sbuttoni have an insightful conversation on how the modern world faces unprecedented challenges and fights against the pandemic.