Expert Analysis

• Opinion

  UK Court Of Appeal's FRAND Ruling Is Troubling

  

  The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.

• FCA Update Eases Private Stock Market Disclosure Rules

  

  The Financial Conduct Authority’s recently updated proposals for the Private Intermittent Securities and Capital Exchange System would result in less onerous disclosure obligations for businesses, reflecting ongoing efforts to balance an attractive trading venue for private companies while maintaining sufficient investor protections, say lawyers at Debevoise.

• What Businesses Need To Know About EU Design Law Reform

  

  Recent reforms to European Union design protection law will broaden the scope of what constitutes protected designs and products, likely creating new opportunities and considerations for businesses operating within the EU or those engaging with its markets, say lawyers at Foley & Lardner.

• What Latest VC Model Document Revisions Offer UK Investors

  

  Recent updates to the British Private Equity and Venture Capital Association model documents, reflecting prevailing U.K. market practice on early-stage equity financing terms and increasing focus on compliance issues, provide needed protection for investors in relation to the growth in global foreign direct investment regimes, say lawyers at Davis Polk.

• Protecting Brand Identity In An AI-Driven Marketplace

  

  A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.

• Opinion

  UK Gov't Needs To Take Action To Support Whistleblowing Bill

  

  With a proposed Office of the Whistleblower Bill making its way through the U.K. Parliament, whistleblowing is starting to receive the attention it deserves, but the key to unlocking real change is for the government to take ownership of reform proposals and appoint an overarching whistleblowing champion, says Baroness Susan Kramer at the House of Lords.

• Roundup

  Practice Leader Insights

  

  Practice group leaders share thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area in this Expert Analysis series.

• Opt-Out Strategy Considerations After Ruling In UPC Appeal

  

  The Court of Appeal of the Unified Patent Court in AIM Sport Development v. Supponor recently clarified the circumstances under which a withdrawal of an opt-out from UPC jurisdiction is possible, bringing new strategic considerations for both patentees and potential defendants, say lawyers at Finnegan.

• Opinion

  EU's AI Code Of Practice Creates Risk Of Regulatory Clashes

  

  The second draft of the European Commission's Artificial Intelligence Code of Practice significantly expands beyond the European Union's existing legal framework for AI — especially around copyright protection, public transparency and reporting obligations — and risks interfering with other EU laws by introducing requirements contrary to existing regulations, say lawyers at MoFo.

• Rethinking 'No Comment' For Clients Facing Public Crises

  

  “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

• Key Points From Gov't Consultation On Copyright And AI

  

  The U.K. government’s current consultation on mitigating artificial intelligence input and output risks to copyright holders seeks to facilitate copyright holders in bringing actions against AI developers that make unauthorized use of protected works and mandate consistent labeling of AI-generated content, say lawyers at Deloitte.

• What 2025 Holds For UK, EU Restructuring And Insolvency

  

  European Union and U.K. restructuring developments in 2024, with a new era of director accountability, the use of cramdown tools and the emergence of aggressive liability management exercises, mean greater consideration of creditors' interests and earlier engagement in restructuring discussions can be expected this year, says Inga West at Ashurst.

• What To Know As EU Urges Outbound Investment Reviews

  

  A recent European Commission recommendation urges European Union member states to review outbound investments in certain critical technologies sectors, but does not clarify the next steps for states once information on relevant transactions in third countries is received, say lawyers at Cleary.

• Exam Board Ruling Expands Scope Of 'Newcomer Injunctions'

  

  The High Court's recent decision granting AQA Education a digital "newcomer injunction" prevents anonymous internet users from distributing unlawfully obtained exam materials, and extends the scope of such injunctions from issues of trespass to the protection of confidential information, say lawyers at Fieldfisher.

• Considering The Status Of The US Doctrine Of Patent Misuse

  

  A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.