Expert Analysis

• UK Top Court Ruling Spells Uncertainty For Litigation Funders

  

  The U.K. Supreme Court's recent decision in Paccar Inc. v. Competition Appeal Tribunal has called litigation funding agreements impermissible, causing astonishment in the legal industry and raising questions over how funders should now approach litigation, say Mohsin Patel at Factor Risk Management and Imran Benson at Hailsham Chambers.

• UK Task Force Report Focuses Digitization Of Shares Process

  

  The U.K. Digitization Task Force’s recently published interim recommendations on the U.K. shareholding framework are helpful in the push toward improving the share ownership system, following overwhelming support from stakeholders to eradicate paper processes, say lawyers at Davis Polk.

• Gender Diverse Boards May Reduce Corporate Fraud Risk

  

  Following the recently proposed "failure to prevent fraud" offense, companies should focus on diversity in leadership as research shows that an increase in women's representation on boards is associated with a decreased probability of fraud, say Anoushka Warlow and Suzanne Gallagher at BCL Solicitors.

• EU Privacy Framework Will Aid Int'l Data Transfer Compliance

  

  The underlying certification mechanism in the EU-U.S. Data Privacy Framework recently adopted by the European Commission has pros and cons, and by understanding its mechanics businesses and organizations can grasp the means to ensure General Data Protection Regulation compliance in their data transfers, say lawyers at Chiomenti.

• Opinion

  Plea For A New Int'l Tribunal For Russia's Crime Of Aggression

  

  Legal experts worldwide should support the International Bar Association and other organizations calling for a United Nations special criminal tribunal to prosecute Russian leaders for the crime of aggression against Ukraine, or risk standing by as war atrocities and threats to global security increase, says Olga Kostina at Robert F. Kennedy Human Rights.

• Protecting Reputation In The Age Of Shareholder Activism

  

  With the rise in investors using equity ownership to influence the management of a company, shareholder activism has taken on fresh impetus, and general counsel have a critical part to play in safeguarding an organization's reputation by engaging in open communication and implementing effective corporate governance, says Neil McLeod at The PHA Group.

• Factors Driving Increased Litigation Against European Cos.

  

  European government regulation and enforcement, economic inflation and litigation funding are driving an increase in litigation, especially class actions, against corporations in Europe, a trend that seems to be here to stay, says Henning Schaloske at Clyde & Co.

• Oil Industry Must Brush Up On Int'l Anti-Bribery Standard

  

  The recent displays of environmental concerns by activist group Just Stop Oil demonstrate why compliance with the internationally recognized anti-bribery standard, known as ISO 37001, and its whistleblower systems, is essential to maintain ethical corporate behavior, says Felicity Gerry at Libertas Chambers.

• New UK Offense Will Help Law Firms Tighten AML Compliance

  

  By allowing for larger fines and introducing a failure to prevent fraud offense, the Economic Crime and Corporate Transparency Bill, currently passing through Parliament, will further motivate law firms to improve their anti-money laundering compliance process, says Richard Simms at AMLCC.

• US-EU Plan On AI Illustrates Differing Opinions On Regulation

  

  While the recently announced U.S.-EU voluntary code of conduct for artificial intelligence demonstrates a commitment to deliberate management of the technology, differing views on AI regulation in both regions — and globally — highlight the challenges of achieving a universal solution, say attorneys at Dechert.

• 5 Things To Know About The European Data Act

  

  While the recently adopted European Data Act creates a framework for a single data market, unlocking new economic potential, the EU law raises complex data access and protection issues, say lawyers at Latham.

• EU Ruling Sets Antitrust Analysis For Vertical Price-Fixing

  

  The European Court of Justice's recent ruling in Super Bock v. Autoridade da Concorrência marks a significant step forward by introducing well-established EU competition law principles in the context of vertical price-fixing agreements, and seems to align with the U.S. approach, say lawyers at McDermott.

• The Challenges Ahead For The New SFO Director

  

  As the first nonlawyer to be appointed director of the U.K. Serious Fraud Office, it is clear that Nick Ephgrave will face many significant challenges in his new role, and his priority should be to ensure he has a trusted senior management team to support him, say Louise Hodges and Phil Taylor at Kingsley Napley.

• The Importance Of A Proactive Approach To Workplace Safety

  

  Two recent Crown Court cases regarding gross negligence manslaughter highlight the costs of failing to prioritize safety at work, which should act as a catalyst for companies to review and update their health and safety policies, say lawyers at Fieldfisher.

• Report On UK Investment Act Offers Welcome Insights

  

  The U.K. government's recent report on the National Security and Investment Act's first full year of operation is to be applauded for disclosing more information on the act's notification system than was required, enabling a better understanding of what has taken place and what the next year may hold, say Andrea Hamilton and Ajal Notowicz at Milbank.