Expert Analysis

• Russia Sanctions Spotlight: Strengthening Enforcement

  

  The Office of Financial Sanctions Implementation’s proposed changes to its enforcement process by increasing monetary penalties, and introducing schemes to encourage cooperation, suggest that businesses should expect an expansion of financial sanctions enforcement, says Alexandra Melia at Steptoe.

• What EU GPAI Compliance Code Will Mean For Developers

  

  The European Union recently released a code of practice to guide compliance for general purpose artificial intelligence models, offering early adopters regulatory deference, but posing timing concerns and significant costs burdens that may discourage smaller developers, say lawyers at Perkins Coie.

• How Top Court Ruling Limits Scope Of Motor Finance Claims

  

  The U.K. Supreme Court’s recent ruling in a landmark case concerning car finance commissions clarifies when and how a dealership’s fiduciary duties arise, considerably narrowing that path for mass consumer litigation and highlighting how an upcoming Financial Conduct Authority redress scheme will seek to balance consumer, lender and market interests, say lawyers at Cadwalader.

• FCA Misconduct Guide Will Expand Firms' Duty To Investigate

  

  The Financial Conduct Authority's recent proposals on workplace nonfinancial misconduct will place a greater onus on compliance and investigations teams, clarifying that the question to ascertain is whether the behavior is justifiable and proportionate, say lawyers at Ashurst.

• Lessons From Landmark UK Supreme Court Libor Ruling

  

  The U.K. Supreme Court’s recent quashing of former traders Hayes and Palombo’s interest rate rigging convictions on the ground of jury misdirection raises concerns about failings in the criminal appeal process, and whether encouraging institutions to accept regulatory settlements can create conditions for miscarriages of justice, says Ellen Gallagher at Vardags.

• The Int'l Compliance View: Everything Everywhere All At Once

  

  Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.

• Why Leveson Review Is Significant For UK Court System

  

  Brian Leveson’s recent review into the U.K. criminal justice system calls for judge-only trials in serious and complex fraud cases, a controversial recommendation that is sparking debate over the future of jury trials, says Louise Hodges at Kingsley Napley.

• 23andMe Fine Signals ICO's New GDPR Enforcement Focus

  

  Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.

• What New UK Stub Equity Rules Will Mean For PE Bidders

  

  The U.K. Takeover Panel’s recent guide to making stub equity offers, for the first time formally harmonizing the approach to be taken, should be helpful for both private equity bidders and practitioners, and not unduly restrictive, say lawyers at Davis Polk.

• UK FDI Enforcement Continues, But Changes Are On The Way

  

  With the U.K. government’s recent foreign direct investment investigation into Maple Armor’s increased shareholding in Fireblitz demonstrating the National Security and Investment Act’s wide scope, an announcement this month that certain transactions will no longer require mandatory notification represents a welcome simplification, says Matthew Hall at McGuireWoods.

• What Cos. Must Note From EU's Delivery Hero-Glovo Ruling

  

  The European Commission’s recent landmark decision in Delivery Hero-Glovo, sanctioning companies for the first time over a stand-alone no-poach cartel agreement, underscores the potential antitrust risks of horizontal cross-ownership between competitors, say lawyers at McDermott.

• What To Expect As FCA Preps To Launch AI Testing Service

  

  The Financial Conduct Authority’s forthcoming artificial intelligence live testing service will provide participants with access to appropriate regulatory expertise, but to gauge the tool’s potential utility, it is important to understand how it fits in with what the regulator is already doing, says Omar Salem at Fox Williams.

• New Interpol Silver Notice Could Be Tool For Justice Or Abuse

  

  Interpol has issued dozens of Silver Notices to trace and recover assets linked to criminal activity since January, and though the tool may disrupt organized crime and terrorist financing, attorneys must protect against the potential for corrupt misuse, say attorneys at Clark Hill and Arktouros.

• Weighing PE Transaction Risks As EU AI Act Rolls Out

  

  As the European Union Artificial Intelligence Act becomes effective in stages, legal practitioners involved in private equity deals should consider the transactional risks resulting from this measure, including penalties, extraterritorial reach and target-firm applicability, say lawyers at Covington.

• Preparing For Literacy Compliance Under EU AI Act

  

  The European Commission's recent Q&A on artificial intelligence literacy is designed to assist with European Union AI Act compliance, but since the law does not require a one-size-fits-all approach, organizations need to consider specific use cases and focus on implementing staff training, says Edward Machin at Ropes & Gray.