Expert Analysis

• EU Protocol Strengthens Int'l Criminal Asset Recovery Powers

  

  The Council of Europe’s recently adopted protocol to the Warsaw Convention marks a significant evolution in the international asset recovery landscape, signaling a focus on proactive and coordinated methods that require organizations to consider how to respond quickly to unexpected enforcement action, say lawyers at Trowers & Hamlin.

• A Potent EU Tool To Block Russian Arbitration Interference

  

  The European Union’s latest sanctions package introduces an EU-wide antisuit injunction mechanism that offers businesses a powerful weapon against Russia's efforts to derail international arbitration with forum-shopping tactics, say lawyers at Signature Litigation.

• Nonequity Partner Tier Presents Lawyers With Pros And Cons

  

  While the nonequity partner model may offer law firms' management flexibility and be a genuine stepping stone for lawyers in some organizations, at others the tier functions more as an extended holding pattern whose uncertainty can cause frustration for ambitious lawyers, say Filippo Falchi and Portia White at Major Lindsey.

• EU Directive Recalibrates States' Anti-Corruption Landscape

  

  The European Union's recently adopted anti-corruption directive does not transform compliance requirements overnight, but it will establish a minimum harmonization framework addressing substantive offenses, corporate liability and sanction levels across member states once national legislation is in place, say Katharina Humphrey, Karla Böltz and Maximilian Schach at Gibson Dunn.

• Easing Of UK Stablecoin Rules Will Encourage Crypto Growth

  

  The Bank of England’s recent decision to relax parts of its proposed framework for sterling-backed stablecoins balances innovation with financial stability, and will help the U.K. remain competitive with crypto markets across the globe, says Thomas Cattee at Gherson.

• New FDI Regs Signal Major Changes For M&A Deals In EU

  

  The European Parliament’s recent adoption of the new foreign direct investment regulation represents a major shift from the European Union's current regime, replacing a voluntary fragmented system with a mandatory baseline for screening and introducing procedural requirements that will bring greater consistency across member states, say lawyers at Covington.

• FCA-Approved Firms Get Liability Clarity On Appointed Reps

  

  The recent U.K. Supreme Court judgment in Kession Capital v. KVB Consultants, turning on the construction of Section 39 of the Financial Services and Markets Act 2000, sets an important precedent in elucidating a Financial Conduct Authority-authorized person's responsibility for its appointed representative's activities, say lawyers at Signature Litigation.

• Private Lender Verification Lessons From Recent Fraud Cases

  

  Recent fraud allegations involving private credit borrowers raise compliance red flags for lenders, who must recognize that financial and collateral verification is an essential safeguard as failures in underwriting and monitoring infect the broader market, say Michael Bresnick at Venable and Brian Mich at Control Risks Group.

• Ultra's SFO Deal Signals Broader Path To Corporate Charges

  

  The Serious Fraud Office's recent deferred prosecution agreement with Ultra Electronics, the SFO's first in five years, matters more than its immediate facts, with expanded senior manager attribution and failure-to-prevent offenses allowing prosecutors an increasingly credible route to corporate conviction, says Daniel Hudson at Seladore Legal.

• Internal Investigation Strategy After Glencore Privilege Ruling

  

  The recent High Court ruling in Aabar Holdings v. Glencore PLC confirms that legal privilege can extend to intraclient communications, materially improving the position of companies that design investigations carefully, define legal channels properly and maintain discipline in their internal communications, says Nicolas Groffman at Harligan.

• What May And May Not Work In UK's 3-Year Fraud Strategy

  

  The U.K. government’s recently launched strategy to fight online fraud marks an eye-catching escalation in its approach that demonstrates it is taking the threat seriously, but the lack of detail on how it will develop strategies to outpace artificial intelligence-powered fraud are less convincing, say lawyers at Ashurst.

• Series

  Studying Foreign Languages Makes Me A Better Lawyer

  

  Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

• Reflecting On The UK Senior Managers Regime 10 Years On

  

  While the ongoing changes to the senior managers and certification regime to streamline processes and remove certain restrictions are welcome, the scheme has worked well overall since its 2016 inauguration, and firms’ compliance and risk management-thinking have shown a marked improvement, say lawyers at Faegre Drinker.

• How Revised EU Rules Would Alter Sustainability Reporting

  

  Two draft delegated regulations recently published by the European Commission give effect to the Omnibus I simplification, highlighting a consistent policy direction: fewer companies in scope, later and lighter obligations, and explicit protections for smaller value chain counterparties, say lawyers at MoFo.

• How UK Security Act Plans Will Affect Foreign Investors

  

  The U.K. government's recently proposed changes to the scope of National Security and Investment Act transaction screening for foreign investment in sectors including communications, data infrastructure and energy should create a more proportionate, predictable and targeted regime, say lawyers at Skadden.