Expert Analysis

• Auditors Face Liability Risk In Longer Going Concern Reviews

  

  A recent Institute of Chartered Accountants' article highlights a growing trend of requests to extend going concern assessment periods to 15 months or more, potentially leading to auditors assuming a duty of care to third parties, say lawyers at RPC.

• Lidl Case Puts Loyalty Apps In Consumer Rights Spotlight

  

  The German Federal Court of Justice's imminent ruling on Lidl's use of loyalty apps could clarify whether retailers must disclose a total price when consumers register with personal data, highlighting the European Union's increasing scrutiny of loyalty app marketing, accessibility and data protection compliance, say lawyers at Freshfields.

• Decoding Arbitral Disputes: EU's Arb. Defense From Russia

  

  The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

• CMA's Actions Signal New Spotlight On UK Consumer Law

  

  The Competition and Markets Authority’s recent hidden fee fine against the AA — its first infringement decision using its new direct enforcement powers — as well as its investigations into fake online reviews and scrutiny of subscription contracts, demonstrate the regulator's new focus on tackling the most egregious breaches of U.K. consumer law, say lawyers at Wilson Sonsini.

• How New E-Evidence Rules Will Affect EU-US Data Transfers

  

  The forthcoming European Union e-evidence regulation signals the need to preserve digital evidence that is stored outside the issuing jurisdiction, bringing the EU significantly closer to the model employed by the U.S. and reflecting a shift in the legal landscape for cross-border data transfers, say lawyers at MoFo.

• SFO Plan Focuses On Resilience But Funding Doubts Persist

  

  The Serious Fraud Office’s emphasis on tighter case management and making greater use of technology in its latest business plan suggests a concern with strengthening complex financial crime enforcement, however the agency may not have the resources to deliver meaningful change, say lawyers at Signature Litigation.

• Dutch Order Enforcing Award Tests Spain's Immunity Shield

  

  The recently recorded enforcement award from The Hague District Court, allowing an investor to seize Spanish real estate in the Netherlands in satisfaction of an arbitration award, exposes the precise point at which International Centre for Settlement of Investment Disputes enforcement becomes coercive sovereign execution, says Josep Galvez at 4-5 Gray's Inn.

• Darchem Ruling Clarifies Status Of JV Members' Solo Claims

  

  The High Court’s recent decision in Darchem Engineering v. Bouygues on whether individual members of an unincorporated joint venture can pursue claims against an employer provides a helpful road map for considering a JV's standing, and a reminder of the importance of contract construction, say lawyers at Squire Patton.

• Lessons From Spain's Decision Not To Enforce UK Judgment

  

  In a recent ruling, a Barcelona court refused to recognize a €365 million U.K. judgment against Cerberus Capital, showing that a foreign decision may be sound, final and enforceable in its own jurisdiction, yet still be refused entry where it threatens to displace a dispute already before the Spanish courts, says Josep Galvez at 4-5 Gray’s Inn Square.

• Lessons From ESMA's Record €1.4M Trade Repository Fine

  

  The European Securities and Markets Authority's recent fine against REGIS-TR for data and procedure breaches under Market Infrastructure and Securities Financing Regulations demonstrates that a license confers no immunity from sanctions, and that dually registered trade repositories face a greater financial exposure in the event of noncompliance, say lawyers at White & Case.

• Decoding Arbitral Disputes: Tracing Paths To Award Recovery

  

  Recent subpoenas to Adidas and Hilton deployed in Blasket Renewables v. Spain, pending in D.C. federal court, show arbitration award recovery to be a disciplined exercise in constructing visibility, applying pressure and sequencing procedural advantage, says Josep Galvez at 4-5 Gray's Inn Square.

• ECJ Ruling Shows When Cos. Can Reject Data Requests

  

  The European Court of Justice’s recent decision in Brillen Rottler v. TC clarifies that although data controllers must be cautious in declining data subject access requests under the EU General Data Protection Regulation, a company may refuse to respond where the request is manifestly unfounded or excessive, even at first contact, says Rob Dalling at Jenner & Block.

• Dubai Ruling Delineates Standard For Foreign Arbitration Aid

  

  By delineating the limits of its jurisdiction with clarity, in the recent Orabelle v. Orzenia decision, the Court of First Instance of the Dubai International Financial Centre Courts enhances predictability and reinforces the court's standing as a forum combining international openness with strict adherence to statutory constraints, says Josep Galvez at 4-5 Gray's Inn.

• What Oatly's Loss Means For Plant-Based Food Industry

  

  The U.K. Supreme Court’s recent judgment in Dairy U.K. v. Oatly demonstrates that under European Union agricultural marketing regulations courts consider fair competition to take precedence over consumer protection, and that dairy labeling challenges can succeed even where there is no realistic prospect of demonstrating consumer confusion, say lawyers at TLT.

• New French In-House Privilege Reshapes Arbitration Strategy

  

  The French Constitutional Council’s recent granting of legal privilege to in-house counsel marks a structural evolution in French arbitration practice and alters the evidentiary balance of document production in cross-border disputes, although the new protection is neither absolute nor risk-free, say lawyers at King & Spalding.