Expert Analysis

• Why Tonzip Is Notable In English Sanctions Law Development

  

  The Court of Appeal's ruling in Tonzip Maritime Ltd. v. 2Rivers Pte Ltd., the latest in the English law of sanctions ownership and control, confirms that where a contract refers to sanctions exposure, the relevant question may be whether there is a real and objectively reasonable risk, not whether a sanctions breach has already been proved, say lawyers at Michelman Robinson.

• AI Makes Law Firm Change Management A Client Issue

  

  As artificial intelligence implementation is causing clients' expectations of outside counsel to shift toward greater risk control and more transparent value, successful law firm transformation and the preservation of professional trust will require governance, training and accountability, says John Hutchinson at Broadfield.

• Top Law Firm Error Shows Lawyers Must Not Delegate To AI

  

  A High Court judge's recent criticism of Pinsent Masons lawyers for reliance on a fictitious authority generated by artificial intelligence is a timely reminder that technology cannot replace lawyers’ proper analysis or verification, say lawyers at Wedlake Bell.

• Considering Rules For Expert Witness Use Of Generative AI

  

  As U.K. legal industry policymakers debate how to regulate the use of artificial intelligence in expert testimony, lawyers can take steps now when working with experts to understand and mitigate risks of proposed AI use, says Andrew Judkins at Norton Rose.

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  Practice Leader Insights From Broadfield's Sinéad Lester

  

  Sinéad Lester, Broadfield's head of commercial litigation, discusses how important it is for a leader to support their team in meeting deadlines, the challenges of not receiving instructions from a client in good time, and how the reforms to witness evidence continue to reshape how lawyers prepare cases.

• EU Protocol Strengthens Int'l Criminal Asset Recovery Powers

  

  The Council of Europe’s recently adopted protocol to the Warsaw Convention marks a significant evolution in the international asset recovery landscape, signaling a focus on proactive and coordinated methods that require organizations to consider how to respond quickly to unexpected enforcement action, say lawyers at Trowers & Hamlin.

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  Practice Leader Insights From Mayer Brown's Miriam Bruce

  

  Miriam Bruce, Mayer Brown's head of business protection, discusses how being promoted on the eve of the pandemic was a baptism of fire in leadership, the challenges of multidimensional disputes, and why lawyers should invest in relationships, not just technical knowledge.

• A Potent EU Tool To Block Russian Arbitration Interference

  

  The European Union’s latest sanctions package introduces an EU-wide antisuit injunction mechanism that offers businesses a powerful weapon against Russia's efforts to derail international arbitration with forum-shopping tactics, say lawyers at Signature Litigation.

• Bar AI Guidance Shifts Verification Duty Focus To Law Firms

  

  The Bar Standards Board’s new guidance on the use of artificial intelligence in legal practice, following two recent cases highlighting risks of misuse, sends a clear message to law firm leadership that firms’ operational processes and the conduct of those who supervise now sit within the regulatory frame, says Marcella Rich at Williams Lea.

• Nonequity Partner Tier Presents Lawyers With Pros And Cons

  

  While the nonequity partner model may offer law firms' management flexibility and be a genuine stepping stone for lawyers in some organizations, at others the tier functions more as an extended holding pattern whose uncertainty can cause frustration for ambitious lawyers, say Filippo Falchi and Portia White at Major Lindsey.

• Decoding Arbitral Disputes: Curial Review Limits In Singapore

  

  The Singapore International Commercial Court's recent decision to dismiss an application for supervisory relief from a Singapore International Arbitration Centre final costs award illustrates the limits of converting adverse financial consequences into public policy objections, even where the commercial result is severe, says Josep Galvez at 4-5 Gray's Inn.

• Diverging Global AI Rules Raise IP Risks For UK Cos.

  

  Several recent updates to U.K. intellectual property law as it relates to artificial intelligence mark a sharp divergence with approaches in the European Union and U.S., highlighting why a one-size-fits-all IP strategy is not viable for U.K. businesses operating across multiple jurisdictions, say lawyers at Skadden.

• FCA-Approved Firms Get Liability Clarity On Appointed Reps

  

  The recent U.K. Supreme Court judgment in Kession Capital v. KVB Consultants, turning on the construction of Section 39 of the Financial Services and Markets Act 2000, sets an important precedent in elucidating a Financial Conduct Authority-authorized person's responsibility for its appointed representative's activities, say lawyers at Signature Litigation.

• Private Lender Verification Lessons From Recent Fraud Cases

  

  Recent fraud allegations involving private credit borrowers raise compliance red flags for lenders, who must recognize that financial and collateral verification is an essential safeguard as failures in underwriting and monitoring infect the broader market, say Michael Bresnick at Venable and Brian Mich at Control Risks Group.

• Internal Investigation Strategy After Glencore Privilege Ruling

  

  The recent High Court ruling in Aabar Holdings v. Glencore PLC confirms that legal privilege can extend to intraclient communications, materially improving the position of companies that design investigations carefully, define legal channels properly and maintain discipline in their internal communications, says Nicolas Groffman at Harligan.