Expert Analysis

• Major EU AI Banking Ruling Will Reverberate Across Sectors

  

  Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

• English Could Be The Future Language Of The UPC

  

  While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.

• Arbitration Remains Attractive For Digital Disputes In 2024

  

  Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.

• Key Employer Lessons From 2023 Neurodiversity Case Uptick

  

  The rise in neurodiversity cases in U.K. employment tribunals last year emphasizes the growing need for robust occupational health support, and that employers must acknowledge and adjust for individuals with disabilities in their workplaces to ensure compliance and foster a neurodiverse-friendly work environment, says Emily Cox at Womble Bond.

• A Look At 2023's Landmark Insolvency Developments

  

  The insolvency landscape in 2023 witnessed pivotal court decisions that will continue to shape the industry in 2024, with a focus on refining director and administrator duties and obligations, and addressing emerging challenges, says Kerri Wilson at Ontier.

• Hague Judgments Treaty May Boost UK-EU Cooperation

  

  The U.K.'s recent decision to sign the Hague Judgments Convention could help rebuild post-Brexit judicial cooperation with the EU by creating a holistic arrangement on mutual recognition and enforcement of judgments, say Patrick Robinson and Stephen Lacey at Linklaters.

• 5 Key UK Employment Law Developments From 2023

  

  Key employment law issues in 2023 suggest that topics such as trade union recognition for collective bargaining in the gig economy, industrial action and menopause discrimination will be at the top of the agenda for employers and employees in 2024, say Merrill April and Anaya Price at CM Murray.

• Emerging Trends From A Busy Climate Litigation Year

  

  Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.

• Key 2024 Arbitration Trends In A Changing World

  

  As key sectors such as ESG and the global mining and commodities market will continue to generate more arbitration in 2024, procedural developments in arbitral law will both guide future arbitration proceedings and provide helpful lessons on confidentiality, disclosure and professional duty, say Louise Woods and Elena Guillet at V&E.

• 2024 Will Be A Busy Year For Generative AI And IP Issues

  

  In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.

• Regulating Digital Platforms: What's Changing In EU And UK

  

  Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.

• Dyson Decision Highlights Post-Brexit Forum Challenges

  

  The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.

• 9 Takeaways From The UPC's First 6 Months In Session

  

  Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.

• How Boards Can Mitigate Privacy, Cybersecurity And AI Risks

  

  In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.

• The Year In FRAND: What To Know Heading Into 2024

  

  In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.