Expert Analysis

• CMA Guide Clarifies Role Of Competition Law In Employment

  

  The Competition and Markets Authority’s recent guide to applying U.K. competition law to employment market practices, with a focus on no-poach agreements, wage-fixing and exchange of sensitive information, provides welcome and timely guidance for employers trying to navigate this area, say lawyers at Lewis Silkin.

• How New Companies House ID Rules Affect Businesses

  

  Lawyers at Shepherd & Wedderburn discuss the Economic Crime and Corporate Transparency Act’s new mandatory identity verification requirements for all company directors and persons with significant control, set to go live next week, which aim to curb fraud by improving the reliability of information held by Companies House.

• What To Know About Interim Licenses In Global FRAND Cases

  

  Recent U.K. court decisions have shaped a framework for interim licenses in global standard-essential patent disputes, under which parties can benefit from operating on temporary terms while a court determines the final fair, reasonable and nondiscriminatory terms — but the future of this developing remedy is in doubt, say attorneys at Fish & Richardson.

• 5 Ways To Address The Legal Risks Of Employee AI Use

  

  Employees’ use of unauthorized artificial intelligence tools has become a regulatory issue, and in-house legal counsel are best placed to close the gap between governance controls and innovation, mitigating the risk of organizations' exposure to noncompliance with European Union and U.K. data protection requirements, say lawyers at MoFo.

• EU-US Data Transfer Ruling Offers Reassurance To Cos.

  

  The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.

• How Cos. Can Straddle US-UK Split On Work Misconduct, DEI

  

  With U.K. regulators ordering employers to do more to prevent nonfinancial misconduct and discrimination, and President Donald Trump ordering the rollback of similar American protections, global organizations should prioritize establishing consistent workplace conduct frameworks to help balance their compliance obligations across the diverging jurisdictions, say lawyers at WilmerHale.

• Return-To-Office Policy Considerations For UK Employers

  

  As the Financial Conduct Authority reviews its hybrid working policy and other organizations increasingly require employees to return to the office, employers should weigh the costs and benefits of these decisions while considering the nuances of work-from-home rights in the U.K., say lawyers at Shoosmiths.

• FCA Misconduct Guide Will Expand Firms' Duty To Investigate

  

  The Financial Conduct Authority's recent proposals on workplace nonfinancial misconduct will place a greater onus on compliance and investigations teams, clarifying that the question to ascertain is whether the behavior is justifiable and proportionate, say lawyers at Ashurst.

• SRA Ruling Raises Issue Of Jurisdiction Over Private Conduct

  

  The recent Solicitors Disciplinary Tribunal ruling, suspending a former Orrick associate after determining that a criminal offense of nonconsensual touching had occurred, serves as a cautionary tale that the regulator's jurisdiction may extend into private social settings, even where no abuse of power is proven, says Nick Brett at Brett Wilson.

• Challenges Law Firms Face In Recruiting Competitor Teams

  

  Since the movement of lawyer teams from a competitor can bring legal considerations and commercial risks into play, both the target and recruiting firms should be familiar with the relevant limited liability partnership deed to protect their business, say lawyers at Fox & Partners.

• 7 Ways Employers Can Avoid Labor Friction Over AI

  

  As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

• 3 Changes To Note In Upcoming Employment Law Reforms

  

  The forthcoming Employment Rights and Equality Bills, with complex family rights, flexible work and sexual harassment protection reforms, present unique challenges that make it essential for companies to embed these new legal duties in both practice and documentation, say lawyers at Linklaters.

• What Cos. Must Note From EU's Delivery Hero-Glovo Ruling

  

  The European Commission’s recent landmark decision in Delivery Hero-Glovo, sanctioning companies for the first time over a stand-alone no-poach cartel agreement, underscores the potential antitrust risks of horizontal cross-ownership between competitors, say lawyers at McDermott.

• Immigration Reforms Require Immediate Employer Attention

  

  The recent U.K. government white paper on immigration practices could reshape how international recruitment is planned, funded and managed, and employers reliant on overseas talent should get ahead of changes now, including via pipeline reviews and accelerated sponsorship, say lawyers at Morgan Lewis.

• Court Backing Of FCA Pensions Ruling Sends Key Message

  

  The Upper Tribunal’s recent upholding of the Financial Conduct Authority's decisions against CFP Management directors serves as a judicial endorsement of the regulator’s approach to defined benefit transfers, underscoring that where the advisory model is fundamentally flawed, the consequences for those in control can be severe, say lawyers at RPC.