TMT Talk

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.

Major industries like Tech, Healthcare, Finance, Energy, Manufacturing, Transportation and Retail have started to rely heavily on artificial intelligence and machine learning, making it one of the fastest-growing technologies in the world. In this episode of TMT Talk, our panel of experts look into the complexity of AI/ML, and give their perspective on specific trends and issues tech companies should focus on. Raffaele Giarda, Bradford Newman, and Marcela Robledo will share their insights on points such as the AI use cases regulators are focusing on, what companies need to know when it comes to AI governance and oversight, and AI-specific trends in M&A.

The introduction of new technologies inevitably brings new data privacy (and protection) challenges. In this episode of TMT Talk, Carolina Pardo, Lothar Determann, and Michaela Nebel discuss how the EU and the US respond to these challenges. Our experts highlight the latest developments in privacy legislation and data transfer restrictions in these jurisdictions and provide their perspective on what tech companies need to do to stay ahead. For more helpful insight on these and other compliance topics please read our short articles in Report 1 of TMT Looking Ahead 2022. 

Intellectual property (IP) and data ha Importance of tax considerations when planning for tech transactions have been essential to the rapid growth of tech companies. IP, specifically the ability to use, protect, and monetize it, is a driving deal component in tech M&A. Thorough due diligence of the target's IP and its compliance with applicable data privacy/protection laws is crucial to manage the risks of tech deals. In this episode of TMT Talk, Raffaele Giarda, Andy Leck, and Adam Aft give their insights on the critical role of IP and data when it comes to tech M&A and on the relevant trends and issues that we may see in the future in this space. For more helpful insight on these and other tech M&A topics please read our short articles in Report 2 of TMT Looking Ahead 2022.

Antitrust authorities have embraced a position of intensified scrutiny, giving rise to significant challenges for technology companies. In this episode, Kim Sartin is joined by Paul Johnson and Brian Burke who delve into key developments in merger control across the US, Europe and UK, the emerging theories of harm being employed to challenge major transactions and look ahead to future antitrust trends and their associated risks. Tune in to an insightful discussion on the rapidly changing antitrust environment in the technology sector.

Recently there have been less mega deals but the technology industry still commands a significant portion of the M&A market. In this episode of TMT Talk, Tino Marz, Matt Jacobson, and Hong Zhang offer a multijurisdictional perspective on the current state of tech M&A. Our panel of experts share their insights on the risks and challenges that businesses should pay attention to, as well as tools and mechanisms that are important to know in order address such challenges.

The TMT sector is constantly transforming. Major TMT players regularly conduct strategic reviews which can lead to potential divestments or carve-outs of business units, key assets and divisions into independent entities, reshaping the industry dynamics. In this episode, Kate Alexander is joined by Robert Wright and Darcy Down who dive into the current market conditions driving opportunities for carve-outs, the key legal and structural considerations to focus on during the planning phase, and insights on limiting value leakage. Tune in for guidance on navigating complex carve-out transactions. 

Baker McKenzie's seventh annual report, The Year Ahead: Global Disputes Forecast offers invaluable insights from a survey of more than 600 senior lawyers on disputes risks and predictions for 2024. In this episode of TMT Talk, Teresa Michaud, Ryan Grant and Francesca Richmond discuss the overarching trends in TMT disputes and provide actionable advice on mitigating risks and enhancing preparedness. Tune in to gain strategies for navigating the complexities of TMT disputes with confidence.

The metaverse continues to be a trending topic across industries but is still largely undefined as businesses have yet to grasp the full potential of this new technology. In this episode of TMT Talk, Pablo Usle, Zelander Gray, and Sara Pitt share their insights on how navigating disputes may be transformed in the context of virtual worlds, such as metaverse. Our panel of experts discuss what companies need to consider when it comes to metaverse disputes and the challenges that arise from metaverse disputes in key areas such as employment and content moderation.

Heightened sanctions and export controls targeting key technologies and the TMT sector are an important trend of recent years and reflect the current geopolitical climate. In this episode Anne Petterd, Frank Pan, and Alison Stafford Powell discuss the practical impact these sanctions have on TMT companies and what TMT companies should do in their strategic plans to de-risk their exposure.

As layoffs hit the headlines in the post-pandemic world it raises the question as to what is next when it comes to managing work forces. In this episode of TMT Talk, Susan Eandi, Kim Sartin and Jonathan Isaacs discuss key factors of workforce reduction, developing restructuring plans, cost-cutting measures to consider and opportunistic hiring across the US, Europe and Asia Pacific in this unique economic climate.

The OECD has provided further updates on its Pillar 2 initiative and some countries have responded with their intention to implement as early as 2024. In this episode, Ciro Meza, Miles Humphrey, and Allen Tan highlight key points of the new guidelines, questions that companies have been raising and how these may affect TMT companies. Since the impact of Pillar 2 will transcend various functions within a business, our experts will share their insights on how TMT companies should react to these developments and when they should start taking action in light of the implementation timelines that have been announced.

The metaverse concept is going mainstream and is creating opportunities for companies to scale and diversify their businesses. In this episode of TMT Talk, Teresa Michaud, Ashlin Perumall, and Francis Donnat discuss what made metaverses into one of the biggest trending tech topics and what relevant legal aspects should businesses be aware of as they continue to evolve and become accessible to an audience beyond the gaming industry. For more helpful insight on these and other topics on the interactive entertainment sector, please read our short articles in Report 3 of TMT Looking Ahead 2022.

The fourth instalment of Baker McKenzie's TMT Looking Ahead delves into 5G, which with its high speed, ultra-low latency and ability to simultaneously connect multiple devices continues to drive global business opportunities. 5G use cases are increasingly popular in all levels of infrastructure and across industries and, as such, continue to attract the scrutiny of governments and regulators. In this episode of TMT Talk, Raffaele Giarda, Stephen Crosswell, and Mackenzie Martin discuss the evolving regulatory landscape that applies to 5G and its uses cases, with a particular focus on antitrust and patents. For more helpful insight on this and other 5G focused topics please read our short articles in Report 4 of TMT Looking Ahead 2022.

The arrival of the metaverse presents opportunities for companies, as it is quickly becoming a platform for the distribution of products and services. The opportunities come with unique and complex legal challenges, given the relative novelty of this concept. In this episode, Teresa Michaud, Jose Maria Mendez, and Marcela Trigo* focus on the possible issues that companies may face when it comes to the protection and enforcement of intellectual property rights in this interactive space. For more helpful insight on these and other topics on the interactive entertainment sector, please read our short articles in Report 3 of TMT Looking Ahead 2022.

Special purpose acquisition companies (SPACs) have gained a lot of traction in the recent years and are expected to keep growing in popularity across markets. In this episode of TMT Talk, Raffaele Giarda, Adam Farlow, and Ivy Wong discuss what lies behind this sudden boom, the current state of SPACs in the US, Europe, and Asia Pacific, and what these markets are experiencing from a regulatory perspective, as a result of their unprecedented growth. For more helpful insight on these and other tech M&A focused topics please read our short articles in Report 2 of TMT Looking Ahead 2022.

Last year was a landmark year for the Interactive Entertainment sector with record M&A and financing deal values amounting to USD 85 billion, but this was easily exceeded by even higher deal values in the first few months of 2022. In this episode, Teresa Michaud, Lisa Fontenot, and Tino Marz discuss the key developments that defined the M&A and investment market in recent few months and the possible outlook they see for transactional activity in the IE sector. For more helpful insight on these and other topics on the Interactive Entertainment sector, please read our short articles in Report 3 of TMT Looking Ahead 2022.

The adoption of cloud services is essential for Interactive Entertainment companies that are looking to expand their businesses by offering content on demand and cloud-based games. In this episode, Teresa Michaud, Carlos Vela-Trevino and Dominic Edmondson look into the factors that will affect the demand for cloud services and the issues and challenges that have an impact on this sector's cloud adoption strategies. For more helpful insight on these and other topics on the interactive entertainment sector, please read our short articles in Report 3 of TMT Looking Ahead 2022.

The international tax landscape is expected to change with the addition of new obligations, which would also require additional due diligence in tech transactions. In this episode of TMT Talk, Raffaele Giarda, Maria Antonia Azpeititia, and Erik Christenson discuss the impact of Digital Services Taxes, the OECD's Pillar 1 and Pillar 2 initiatives, the possibility of a US tax reform and what companies need to consider given these changes. For more helpful insight on these and other tech M&A focused topics please read our short articles in Report 2 of TMT Looking Ahead 2022.

There is a continued uptick in compliance and investigation activity in the technology sector and it is expected that this will remain true in the future. In this episode of TMT Talk, Carolina Pardo, Jerome Tomas, and Yindi Gesinde discuss the current state of the enforcement landscape, the issues, risk, and opportunities that technology companies need to consider given this, and what factors might drive enforcement in the future. For more helpful insight on these and other compliance topics please read our short articles in Report 1 of TMT Looking Ahead 2022.

The Personal Data Protection Act (PDPA), Thailand's first law on data protection, is set to come into full effect on June 1 2022 and is designed to address key issues regarding the collection, use, or disclosure of personal data. With its extraterritorial reach, the PDPA is expected to significantly affect an increasingly global tech sector. In this episode, Lothar Determann, Kritiyanee Buranatrevedhya, Nam-ake Lekfuangfu, and Wasin Lertwalaipong go into detail about the compliance, employment, and enforcement aspects of the PDPA and provide their insights into what tech companies need to know and do in preparation for this new law.

Tech M&A experienced unprecedented growth in 2021, with an increase of 71% compared to 2020. As the tech sector continues to set records in deal value and volume, it has been more crucial than ever to examine and analyse M&A trends and get a sense of what to expect in 2022 and beyond. Raffaele Giarda, William Holder, and Sze Shing Tan provide their perspectives on these trends, and gives tips for the tech sector on doing the best deal. For more helpful insight on these and other tech M&A topics please read our short articles in Report 2 of TMT Looking Ahead 2022.

Baker McKenzie's TMT Looking Ahead 2022 in a five-part series presents themes, insights, and recommendations that TMT companies should know. The first report focuses on Tech Regulation and Compliance. This episode of TMT Talk covers one of the key topics in this report: developments in artificial intelligence in the US and China. Listen to Carolina Pardo, Bradford Newman, and Zheng Zhou share their unique perspectives when it comes to AI protection, trade secrets and relevant AI trends that companies should be aware of in these two jurisdictions.

In this episode, Harry Valetk, is joined by Carlos Dávila-Peniche, based in  Mexico City and Daniel Villanueva, based in Guadalajara, to discuss consumer protection in video games with a special focus on age ratings. Join us to hear more about how to meet challenges around age ratings, global classifications, localization expectations, how to comply with age ratings in app stores or console purchases, and much more.

Baker McKenzie's fifth annual report, The Year Ahead: Global Disputes Forecast 2022, took insights from a survey of 600 senior lawyers worldwide on disputes risk and future trends across four continents. In this episode of TMT Talk, Teresa Michaud, Cyrus Vance, Ashish Chugh, Stephen Reynolds, and Francesca Richmond highlight key points in the report and discuss how TMT companies can prepare for and manage dispute risk. Our experts, in particular, give their perspective on threats and potential disputes relevant to cybersecurity, digital transformation and ESG.

Baker McKenzie's Mind the Gap report outlines the main barriers to I&D success and key actions that companies can take to further develop their I&D programs. In this episode of TMT Talk, Kate Alexander, Julia Wilson, and Paul Evans focus on the insights from a survey of  900 employment and I&D leaders, looking at the most relevant issues to the TMT sector. Our experts will highlight the key I&D challenges that the tech industry is facing and give their perspectives on the priorities that these companies need to keep in mind as they build strategies and strengthen their I&D initiatives.

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.

In this episode of TMT Talk, Harry Valetk is joined by Renata Campetti 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.

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 the changes, what should companies expect, and what should they be doing right now.

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.

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. Join us for this episode 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.