Expert Analysis

• Saxon Woods Ruling Clarifies Directors' Duty Of Good Faith

  

  The U.K. Supreme Court’s recent landmark judgment in Saxon Woods sends a clear message to businesses that a director's conduct must withstand objective scrutiny, affirming that even if an individual believes they are acting in the company's best interests, they cannot deceive fellow board members, says Richard Clayman at Kingsley Napley.

• Entain Ruling Offers Parties Key E-File Guidance

  

  The U.K. Commercial Court’s recent decision in Various Claimants v. Entain PLC provides guidance for the first time for those navigating a court document filing pilot scheme, offering a practical template for parties to litigation involving sensitive issues by balancing transparency obligations with legitimate confidentiality concerns, say lawyers at HSFK.

• BlueCrest Decision Tightens Test For LLP Tax Treatment

  

  The U.K. Supreme Court’s recent judgment in HMRC v. BlueCrest Capital Management clarifies the tax framework for assessing whether limited liability partnership members are genuinely operating as partners or should be treated as employees, which is likely to be significant far beyond the hedge fund sector, say lawyers at Stewarts Law.

• Patent Dispute Takeaways From Ruling In Kodak Appeal

  

  The Unified Patent Court’s recent appeal decision in Kodak v. Fujifilm, confirming that the UPC may exercise jurisdiction over non-UPC patent designations, creates opportunities for patentees to pursue claims involving both UPC and non-UPC designations before a single forum, say lawyers at Morgan Lewis.

• How Employers Can Prep For EU Pay Transparency Directive

  

  Although most EU member states failed to implement the Pay Transparency Directive by the June deadline, employers should take steps to address the overarching requirements, as compliance obligations could come into force quickly and with little advance notice, say lawyers at Morgan Lewis.

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  Practice Leader Insights From Covington's Louise Freeman

  

  Louise Freeman, Covington's co-chair of commercial litigation, discusses how she combines a longer-term outlook with a fast-paced approach, the challenges of representing clients from six different jurisdictions, and why junior lawyers need to be ready to adapt and pivot to where the work is.

• A Practical Guide To Key Changes In ICC Int'l Arbitration Rules

  

  The International Chamber of Commerce’s recently revised arbitration rules, while not a seismic reset, create a coherent set of practical reforms focused on streamlining the process to parties’ needs, sending the message that preparation and strategic clarity will be rewarded, say lawyers at White & Case.

• Decoding Arbitral Disputes: Post-Award Noncompliance

  

  Grainful Holdings v. Mineev, a recent Commercial Court decision that resulted in a sentence for contempt following post-award enforcement proceedings, illustrates the point at which proceedings, having moved beyond recognition of an arbitral obligation, engage the court's own coercive jurisdiction, says Josep Galvez at 4-5 Gray's Inn.

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  Practice Leader Insights From Baker McKenzie's Andy Moody

  

  Andy Moody, head of Baker McKenzie's London disputes team, discusses the traits that he prioritizes as a leader, the unique challenges of international arbitration cases, and how global political and economic disruption is likely to generate more litigation and arbitration.

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  Practice Leader Insights From Mishcon's Victoria Pigott

  

  Victoria Pigott, chair of Mishcon Private at Mishcon de Reya, discusses the challenges of lengthy multijurisdictional matters, how artificial intelligence helps lawyers deliver better outcomes for clients, and why curiosity is an essential skill for those joining the legal profession.

• 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.