Financial Services UK

The Evolution Of GDPR Enforcement Across The EU

With the last few months bringing significant fines to major businesses that have breached the European Union's General Data Protection Regulation, it is clear that regulators are moving away from the light-touch approach they employed during the transition to the new rules, says James Simpson of Blaser Mills.

Opinion

What Headlines Missed About ‘Cartel’ Traders’ Trial 1 Year Ago

In U.S. v. Usher, a Manhattan federal jury acquitted three British forex traders known as "the cartel" of antitrust allegations one year ago, but some common myths about the case, perpetuated by flashy headlines, still need to be debunked, say White & Case's Samuel Feldman and Mark Gidley, who represented one of the defendants.

When Will UK Courts Imply A Duty Of Good Faith?

English courts have traditionally refused to recognize a general doctrine of good faith. The High Court of Justice's decision in Bates v. Post Office provides some answers regarding when a duty of good faith may be implied, but also raises questions, say Maria Frangeskides and Rebecca Dipple of Orrick.

Series

Why I Became A Lawyer: Being There For Families In Trouble

My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

3 Ways To Leverage Vulnerability For Lawyer Well-Being

Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

FX Fraud Decision Tests Limits Of Right-To-Control Theory

In United States v. Johnson, the Second Circuit’s decision affirming an ex-HSBC foreign exchange trader's wire fraud conviction highlights that the government and courts may not agree on the government's burden to prove tangible economic harm under the so-called right-to-control theory, say attorneys at White & Case.

4 Potential Structuring Options For BVI Acquisitions

While onshore M&A procedures are often cumbersome and time-consuming, the British Virgin Islands offer a range of flexible yet familiar structuring options for facilitating takeover transactions, says Rebecca Jack of Appleby.

PayPal Case Illustrates Difficulty Of Avoiding CMA Penalties

The U.K. Competition and Markets Authority's recent fine against PayPal for violating U.K. merger control rules — despite the company's attempts to put safeguards in place — demonstrates how rigid the CMA can be when it comes to initial enforcement orders, say attorneys at Fried Frank.

What A No-Deal Brexit Would Mean For Dispute Resolution

In the event of a no-deal Brexit, arbitration may become a more attractive option as a dispute resolution mechanism, as it offers relatively easy enforcement and clauses that could negate some uncertainty caused by Brexit, says Donna Goldsworthy of BDB Pitmans.

The Problem — And Opportunity — Of Implicit Bias In The Bar

Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

What The Future Holds For Litigation Funding In The UK

As awareness of litigation funding continues to grow in England and Wales, regulation and costs may increase, but rising costs will be countered by more funders entering the market to support demand, says James Brown of Haynes and Boone.

Roundup

Pursuing Wellness

In this Expert Analysis series, leaders at some of the law firms that committed to the American Bar Association's 2018 pledge to improve mental health and well-being in the legal industry explain how they put certain elements of the initiative into action.

How Offshore Courts Can Solve Forum Selection Issues

Courts in offshore financial centers should consider important factors highlighted by relevant case law when attempting to determine which forum a case would be most fairly tried in, says James Corbett QC of Baker & Partners.

3 Ways To Stabilize Contract Law In Jersey

The Jersey Court of Appeal's recent judgment in Booth v. Viscount highlights judicial dissatisfaction with the current lack of certainty in Jersey contract law, but there are a few possible ways to address the undesirable state of affairs, says Eleanor Davies of Baker & Partners.

How Hague Enforcement Initiative Compares To EU Regimes

The Hague Conference on Private International Law's latest convention on cross-border enforcement may create an international dispute resolution framework, and could provide the U.K. with useful alternatives to EU regimes in the event of a no-deal Brexit. However, it is not guaranteed to be a true game-changer, say Andrew Stafford and James Chapman-Booth of Kobre & Kim.