Expert Analysis

• UK Supreme Court Dissent May Spark Sanctions Debate

  

  While the recent U.K. Supreme Court's rejection of Eugene Shvidler’s appeal determined that sanctions decisions are primarily the government’s preserve, Justice Leggatt’s dissenting view that judges are better placed to assess proportionality will cause ripples and may mark a material shift in how future appeals are approached, say lawyers at Seladore.

• What EBA Report Means For Non-EU Financial Firms

  

  In a recent report concerning unregulated third country banks, the European Banking Authority decided not to extend a bank-to-bank exemption under the Capital Requirements Directive, raising a number of compliance issues for cross-border services, say lawyers at A&O Shearman.

• HMRC's Automation Shift Likely To Alter Tax Adviser Role

  

  HM Revenue & Customs’ recently released digital transformation road map promises greater efficiency and a modernized compliance regime, but the increased automation could also mean that the tax adviser role will become more proactive and more defensive, say lawyers at RPC.

• What UK's New Prosecution Guidance Means For Compliance

  

  Recent guidance from the U.K.'s Serious Fraud Office and Crown Prosecution Service, aligning their approach with the Economic Crime and Corporate Transparency Act, offers a timely prompt for corporate boards and legal teams to update their risk management frameworks, say lawyers at Signature Litigation.

• Viral Comms Crises Create Dual Corp. Governance Threats

  

  As legislative hearings increase in frequency and social media fuels their reputational impact, corporate legal teams face a new dual challenge that reflects a fundamental shift in accountability and demands new strategies, governance frameworks and organizational capabilities, says Joanna Ludlam at Jenner & Block.

• How AI May Have Made A Difference In Monzo Bank Breaches

  

  Artificial intelligence tools have the capabilities needed to keep pace with increasingly sophisticated threats, and such tools might have helped prevent the anti-money laundering failures that led to the recent £21.1 million fine against Monzo Bank, says Alexander Vilardo at Howard Kennedy.

• A Softer Tack For Online Ads Marks Next Step In Data Reform

  

  While the initiative of the U.K. Information Commissioner's Office to relax enforcement of advertising cookie consent represents a welcome attempt to balance privacy protection and commercial realities, several questions remain that will limit companies' ability to benefit from the U.K. proposals, say lawyers at Skadden.

• CMA App Store Mandates Fall Short Of Regulatory Ambitions

  

  The Competition and Markets Authority's recent proposals to loosen Google and Apple’s mobile platform duopoly are a far cry from the assertive and wide-reaching interventions that advocates of the Digital Markets Unit had hoped to see from the new competition regulator, says Ronan Scanlan at Steptoe.

• Catching Up On Simplified EU Sustainability Disclosure Rules

  

  A recent proposal to streamline implementation of the EU’s Taxonomy Regulation contains measures that would reduce companies’ sustainable investment reporting and compliance requirements, and better support the EU’s climate and environmental goals, say lawyers at Proskauer.

• Cos. Must Take Action As Corporate Enforcement Evolves

  

  The Serious Fraud Office's renewed vigor toward proactive corporate enforcement, as evidenced by its recently affirmed commitment to collaboration with the U.S. on cross-border investigations, means that organizations must solidify their antibribery and corruption frameworks to remain ahead of fast-moving regulatory and legislative initiatives, say lawyers at Weil.

• UK Reforms Investment Rules, But Clarity Concerns Remain

  

  The U.K. government’s recent reforms to the National Security and Investment Act 2021 demonstrate a continuing pragmatic approach by requiring fewer deal filings, but the regime would benefit from more clarity in key areas, say lawyers at McDermott.

• Fraud Law Puts Fund Managers Under Compliance Spotlight

  

  The new failure to prevent fraud offense, effective Sept. 1, may not represent a material departure from most managers’ duties to exercise due care in preventing loss to the assets they manage, but the prospect of criminal liability should sharpen their compliance focus, says Andrew Henderson at Goodwin Procter.

• CMA Pricing Guide Signals Shift In UK Consumer Protection

  

  The Competition and Markets Authority’s recent draft price transparency guide, as part of a wider reform introduced by the Digital Markets, Competition and Consumers Act 2024, represents a significant change in U.K. consumer protection by targeting unfair trading practices and strengthening enforcement mechanisms, says Felicity Forward at Shoosmiths.

• 8 Compliance Team Strategies To Support Business Agility

  

  Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.

• What To Note From FCA, Gov't Financial Growth Proposals

  

  Recent Financial Conduct Authority and government proposals for financial services reform are positive developments for firms, signaling a drive to push forward growth and a willingness to be flexible in areas of regulation that the industry has long raised as barriers, say lawyers at Simmons & Simmons.