Expert Analysis

• Supreme Court Ruling Stands Firm On Trust Law Principles

  

  The U.K. Supreme Court’s recent strict application of trust law in Stevens v. Hotel Portfolio may render it more difficult for lawyers in future cases to make arguments based on a holistic assessment of the facts, says Olivia Retter at Quinn Emanuel.

• FCA's Woodford Fine Sends Warning To Fund Managers

  

  The Financial Conduct Authority’s recent decisions concerning Neil Woodford and the collapse of Woodford Investment Management mark an important moment for the U.K. investment industry, underscoring the regulator's focus on senior managers' personal accountability and the importance of putting investors’ interests at the heart of decision-making, say lawyers at Irwin Mitchell.

• How Data Use Act Tightens Complaint Handling Procedures

  

  Recently effective Data Use Act procedural requirements are coinciding with an artificial intelligence-driven increase in complaints from users about data subject access request responses, so organizations need to formalize their grievance process to prevent intervention by the Information Commissioner's Office and potential penalties, say lawyers at Womble Bond.

• 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.