Expert Analysis

• 3 Ways Employers Can Prepare For New Union Access Rules

  

  Newly effective labor law rules combine a presumption favoring union access to the physical and digital workplace with short response deadlines and potentially substantial penalties, making it particularly important for employers to establish procedures for handling access requests before they arise, say lawyers at Morgan Lewis.

• 1st AI Misuse Strike-Off Sets Clear Standard For Future Cases

  

  The Solicitors Disciplinary Tribunal recently used its first-ever banning of an overseas lawyer who generated false citations through artificial intelligence to communicate that inaccurate submissions are enough to warrant sanctions — and that ignorance of the risks in AI-generated legal research is now an inadequate defense, say lawyers at HSF Kramer.

• How Employment Ruling Limits Buyer's Inherited Tort Liability

  

  The Court of Appeal’s ruling that a psychiatric hospital did not inherit vicarious liability for alleged staff abuse of a patient under previous owners will have immediate practical consequences as third parties seek to use protections meant for employees at workplaces changing hands to pursue buyers as substitute defendants, say lawyers at CMS.

• Expanded Right-To-Work Rules Leave Key Questions

  

  The recent U.K. expansion of the right-to-work regime encompasses individual subcontractors and other arrangements, and uncertainty over some compliance requirements makes careful documentation and recordkeeping crucial, say lawyers at Morgan Lewis.

• 6-Month Unfair Dismissal Rule Will Demand Early Oversight

  

  Employers should treat the reduced six-month qualifying period for unfair dismissal protection, taking effect on Jan. 1, as a prompt to improve management discipline for new employees, rather than a countdown to dismissal, says Phillip Vallon at Druces.

• Appeal Tribunal Ruling Raises Bar For Belief-Based Firings

  

  In University of Bristol v. Miller, the Employment Appeal Tribunal's recent ruling concerning an employee's dismissal for making anti-Zionist comments demonstrates that even controversial political beliefs may be protected, and that disciplinary action must be proportionate to the conduct, says Tessa Harris at Redmans Solicitors.

• Series

  Practice Leader Insights From Birketts' Jessica Caws

  

  Jessica Caws, co-head of financial services at Birketts, discusses creating a collaborative environment for her junior colleagues, the excitement of working on a matter at the forefront of regulatory change, and why as a lawyer it is important to develop the ability to critically analyze information early on.

• FCA Nonfinancial Misconduct Rules Demand Shift For Firms

  

  Under the Financial Conduct Authority's new nonfinancial misconduct framework, conduct like serious bullying, harassment and violence is now capable of generating regulatory consequences extending well beyond the workplace, and four questions are likely to occupy compliance teams over the coming months, says Chloe-Jane Belton at Howard Kennedy.

• 2 ECJ Rulings Give Guidance On Sport Agent Regs

  

  The European Court of Justice recently settled two long-running disputes, Rogon and RRC Sports, by finding that the antitrust rules governing these leagues offer exceptions for regulating players' agents, and offering a path for sports associations to implement rules controlling services ancillary to their sport, say lawyers at Skadden.

• The Divergent Approaches In US, EU Forced Labor Standards

  

  Forced labor guidance documents recently issued by the U.S. and the European Union have meaningful differences, with the U.S. taking a documentary approach to compliance and the EU emphasizing human rights risks as a governance challenge, but one model will likely exert greater influence, say attorneys at Steptoe.

• Saxon Woods Ruling Clarifies Directors' Duty Of Good Faith

  

  The U.K. Supreme Court’s recent landmark judgment in Saxon Woods sends a clear message to businesses that a director's conduct must withstand objective scrutiny, affirming that even if an individual believes they are acting in the company's best interests, they cannot deceive fellow board members, says Richard Clayman at Kingsley Napley.

• BlueCrest Decision Tightens Test For LLP Tax Treatment

  

  The U.K. Supreme Court’s recent judgment in HMRC v. BlueCrest Capital Management clarifies the tax framework for assessing whether limited liability partnership members are genuinely operating as partners or should be treated as employees, which is likely to be significant far beyond the hedge fund sector, say lawyers at Stewarts Law.

• How Employers Can Prep For EU Pay Transparency Directive

  

  Although most EU member states failed to implement the Pay Transparency Directive by the June deadline, employers should take steps to address the overarching requirements, as compliance obligations could come into force quickly and with little advance notice, say lawyers at Morgan Lewis.

• 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.

• AI Makes Law Firm Change Management A Client Issue

  

  As artificial intelligence implementation is causing clients' expectations of outside counsel to shift toward greater risk control and more transparent value, successful law firm transformation and the preservation of professional trust will require governance, training and accountability, says John Hutchinson at Broadfield.