Expert Analysis

• UK Top Court Eases Creditors' Path To Enforcing Foreign Debt

  

  The recent U.K. Supreme Court ruling in Drelle v. Servis-Terminal that an unrecognized and unregistrable foreign judgment may found a bankruptcy petition presents a real risk for debtors, who could find themselves facing insolvency proceedings with very little warning, say lawyers at Dechert.

• NYDFS Swedbank Order Offers Lessons On Candor

  

  The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

• Despite Acquittal, Gallery Case Warns Of UK Sanctions Risk

  

  Although art gallery Hauser & Wirth was able to defeat criminal charges of breaching the U.K. Russia sanctions regime, the ruling illustrates that prosecution for those operating in high-value international markets is a real-world risk, say lawyers at Fieldfisher.

• Sanctions Spotlight: Rise Of Trade Measures In The UK

  

  With HM Revenue & Customs' recent settlement with Petrofac marking the first public naming of a company for breaches of U.K. trade sanctions, and regulators demonstrating an increasing emphasis on systems and controls, there is clearly a more complex landscape evolving that businesses need to navigate, says Alexandra Melia at Steptoe.

• 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.

• FCA Letter Highlights Football Clubs' Crypto Deal Risks

  

  The Financial Conduct Authority’s recent warning to Premier League football clubs about sponsorship arrangements with unauthorized crypto-asset businesses demonstrates its concerns over unlawful financial promotions and anti-money laundering compliance failures, both of which run the risk of significant reputational damage and criminal prosecution, says Sushil Kuner at Freeths.

• SRA Whistleblower Protections Will Test Legal Sector Culture

  

  The Solicitors Regulation Authority's recent extension of whistleblower protections to law firm employees helps close the long-standing gap between professional and ethical obligations, but it does not fully resolve the cultural and structural barriers to reporting legal industry misconduct, says Georgia Learoyd at Howard Kennedy.

• Parsing ICO Storage And Access Guidance Exceptions

  

  Recent final guidance on storage and access technologies from the U.K. Information Commissioner's Office reflects the government's emphasis on key data privacy concerns, though businesses should consider leveraging several crucial exceptions, say lawyers at Hunton.

• Int'l Bribery Enforcement Takeaways After SFO Conference

  

  While the U.K. Serious Fraud Office's recent conference demonstrated a global consensus on the importance of combating bribery and corruption, lagging enforcement from U.S. and U.K. regulators suggests that muscular supranational agencies may soon step up to lead cross-border investigations, say lawyers at Addleshaw Goddard.

• Making Deals Once EU Merger, Investment Screenings Overlap

  

  Though proposed updates would result in greater overlap between European Commission merger control efforts and foreign investment screening, dealmakers must understand how different objectives still drive these regimes and how this recalibrated regulatory environment will affect their transactions, say attorneys at Mayer Brown.

• BP Board Coup Spotlights Powers To Remove Directors In UK

  

  Recent action taken against BP PLC’s chair reveals the authority conferred on boards by an organization's bespoke articles of association and stands as a reminder that director removal in the U.K. is not a simply a voting rights issue, raising questions about the allocation of power between boards and shareholders, say Dan Coppel and James Ford at Faegre Drinker.

• What EU Tech Licensing Changes Mean For Businesses

  

  Following the European Union’s modernization of the Technology Transfer Block Exemption Regulation, organizations should consider how the broadened antitrust safe harbor applies, particularly where technology licensing agreements involve data-sharing arrangements, territorial restrictions or competitor relationships, say lawyers at Steptoe.

• UK-Gulf Trade Deal Offers Key Benefits, But Hurdles Remain

  

  The U.K.’s recent free trade agreement with the Gulf Cooperation Council is expected to deliver U.K. businesses a competitive advantage, with simplified procedures and tariff removal across manufacturing, services and digital trade sectors, but navigating Gulf regional tensions and differing regulatory regimes will create challenges, say lawyers at King & Spalding.

• Crypto Sector Sees Tougher Sanctions Compliance Demands

  

  The U.K. government’s recently announced Russian sanctions package focusing on crypto-assets is a clear indication that authorities consider the crypto sector a major enforcement area, firmly within the scope of financial sanctions law, says Thomas Cattee at Gherson Solicitors.

• AI Puts Financial Firms' Human Accountability To The Test

  

  A recent Financial Services Skills Commission report illustrates the paradox that artificial intelligence increases the need for human oversight while automating the pathways through which that expertise is developed, and financial firms whose governance evolves at pace with technology are poised to benefit the most, say Louise Neave and Jack Paul at Fox Williams.