Expert Analysis

• Examining The UK Government's Attempts To Combat Fraud

  

  The U.K. government’s response to a parliamentary committee report on fraud and the justice system lays bare a disappointing lack of consensus and frustratingly fails to support a plan for the introduction of a strict liability offense of corporate failure to prevent fraud, as strongly recommended, say Lloyd Firth and Katy O’Connor at WilmerHale.

• 7 Areas To Look Out For In The Edinburgh Reforms Package

  

  Most of the proposed Edinburgh Reforms to facilitate the growth of U.K. financial services are already in progress, and while they may take months or even years to come to fruition, regulated firms should be aware of the considerable reach of the changes outlined and bookmark the areas of particular relevance, says Jill Lorimer at Kingsley Napley.

• EU Double Jeopardy Ruling May Complicate US Extraditions

  

  The European Court of Justice’s recent judgment in Germany v. HF refines the European Union’s double jeopardy protections, weakening U.S. authorities’ ability to extradite defendants if charges involving the same set of facts are resolved in any EU member state, says Gabrielle Friedman at Lankler Siffert.

• Why 2023 Could Be The Year Of The Restructuring Plan

  

  As U.K. businesses face a challenging economic environment going into 2023, the stage may be set for a rise in restructuring plans, with early signs such as an increasing body of case law, the pragmatic approach taken by the judiciary to date and the cross-class cramdown mechanism, say Rachael Markham and Charlotte Møller at Squire Patton.

• ECJ Beneficial Owners Ruling Leaves Uncertainty In Its Wake

  

  The European Court of Justice's recent ruling in the WM and Sovim cases, holding that making information on a register of beneficial owners publicly available interferes with the Charter of Fundamental Rights of the EU, has been criticized as a step backward in the fight against money laundering and financing of terrorism, and its impact is not yet clear, say Michael Marschall and Verena Krikler at Schoenherr.

• UK Sustainability Disclosure Regime Complicates Compliance

  

  The U.K. Financial Conduct Authority's new sustainability disclosure rules — likely to be finalized later this year — are the latest piece in an evolving compliance puzzle that fund managers may struggle with, due to conflicting interplay between regulatory requirements and investor expectations, say attorneys at Akin Gump.

• FCA Sends Banks Strong AML Message With Santander Fine

  

  The recent nine-figure financial penalty imposed on Santander by the U.K. Financial Conduct Authority shows the regulator's appetite to go after big banks for AML failings remains undiminished after the landmark case against National Westminster Bank in 2021, says Tom Bushnell at Hickman Rose.

• Why Your Fund Name Needs To Be Trademarked

  

  It is a common misconception that the mere formation of a fund vehicle provides a trademark for its name — but the rights of brand owners are not safeguarded without trademark registration, and the fund is vulnerable if a third party registers the same or a similar mark and seeks to enforce it, says Sophie Peat at Ogier.

• ESG Initiative From FCA Likely To Inform Future Regulation

  

  The code of conduct for environmental, social and governance data and ratings providers to be developed by the U.K. Financial Conduct Authority may be voluntary, but market participants should be aware that compliance will likely offer the best mitigation against potential regulatory and litigation risks, say Ferdisha Snagg and Andreas Wildner at Cleary.

• 5 Tips For Adding Value To Legal Clients' Experience In 2023

  

  Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.

• ECJ Fiat Ruling Sets Clear Boundaries For EU State Aid Law

  

  The European Court of Justice's recent landmark decision in Fiat v. Commission limiting the commission’s attempts to circumvent the lack of EU powers in the area of tax law has important implications in EU state aid law and beyond, say Andreas Reindl and Pietro Stella at Van Bael.

• Key Considerations For Charities Receiving Crypto Legacies

  

  With an increase of cryptocurrency donations, charities should ensure they are aware of the implications of being a beneficiary of a crypto legacy and understand what to expect from executors, say Natasha Stourton and Hannah Brearley at Withers.

• A Look Ahead At ESG Expectations For 2023

  

  There are a number of themes that will shape market developments and legislative agendas in the environmental, social and corporate governance sphere in 2023, and a continuing shift from the development of standards to their implementation is likely, say Rebecca Perlman and Ernst Muller at Herbert Smith.

• Cos. Can Expect Intense Antitrust Enforcement This Year

  

  In 2023, authorities in the U.K. and Europe are expected to push the boundaries of antitrust enforcement, merger control and foreign investment screening with the goal of achieving positive outcomes for consumers, say Nicole Kar and Tara Rudra at Linklaters.

• What Slovak Labor Code Changes Will Mean For Employers

  

  With newly effective amendments to the Slovak Labor Code strengthening employees’ rights in a number of ways, the default mindset of the employee being the weaker party may no longer be the right approach, says Katarina Pfeffer at Bird & Bird.