Expert Analysis

• 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.

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  Practice Leader Insights From Covington's Louise Freeman

  

  Louise Freeman, Covington's co-chair of commercial litigation, discusses how she combines a longer-term outlook with a fast-paced approach, the challenges of representing clients from six different jurisdictions, and why junior lawyers need to be ready to adapt and pivot to where the work is.

• UK Bill Would Transform Commercial Payments Terms

  

  A bill recently introduced to Parliament, if enacted, would replace significant areas of contractual freedom concerning payment terms with mandatory rules that would fundamentally alter the balance of power between smaller suppliers and larger counterparties, says Sam Cooper at Crowell & Moring.

• UK-Gulf Trade Deal Offers Key Benefits, But Hurdles Remain

  

  The U.K.’s recent free trade agreement with the Gulf Cooperation Council is expected to deliver U.K. businesses a competitive advantage, with simplified procedures and tariff removal across manufacturing, services and digital trade sectors, but navigating Gulf regional tensions and differing regulatory regimes will create challenges, say lawyers at King & Spalding.

• New FDI Regs Signal Major Changes For M&A Deals In EU

  

  The European Parliament’s recent adoption of the new foreign direct investment regulation represents a major shift from the European Union's current regime, replacing a voluntary fragmented system with a mandatory baseline for screening and introducing procedural requirements that will bring greater consistency across member states, say lawyers at Covington.

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  Studying Foreign Languages Makes Me A Better Lawyer

  

  Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

• Dutch Order Enforcing Award Tests Spain's Immunity Shield

  

  The recently recorded enforcement award from The Hague District Court, allowing an investor to seize Spanish real estate in the Netherlands in satisfaction of an arbitration award, exposes the precise point at which International Centre for Settlement of Investment Disputes enforcement becomes coercive sovereign execution, says Josep Galvez at 4-5 Gray's Inn.

• Darchem Ruling Clarifies Status Of JV Members' Solo Claims

  

  The High Court’s recent decision in Darchem Engineering v. Bouygues on whether individual members of an unincorporated joint venture can pursue claims against an employer provides a helpful road map for considering a JV's standing, and a reminder of the importance of contract construction, say lawyers at Squire Patton.

• Lessons From Spain's Decision Not To Enforce UK Judgment

  

  In a recent ruling, a Barcelona court refused to recognize a €365 million U.K. judgment against Cerberus Capital, showing that a foreign decision may be sound, final and enforceable in its own jurisdiction, yet still be refused entry where it threatens to displace a dispute already before the Spanish courts, says Josep Galvez at 4-5 Gray’s Inn Square.

• Assessing The Significance Of Australia-EU's Free Trade Deal

  

  The recently concluded Australia-European Union free trade agreement could be a springboard for a more ambitious initiative bringing together the EU and the economies of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, a critical mass capable of shaping norms across subsidies, sustainability disciplines and competition policy, says Alan Yanovich at Akin Gump.

• Crypto-Asset Market Downturn Is Driving Litigation Risk

  

  Recent volatility in the crypto-asset market has placed a strain on balance sheets and laid bare weaknesses that may have been overlooked during more stable periods, increasing the risk for disputes over whether procedures or enforcement have been carried out correctly, say lawyers at Kennedys.

• How UK Gov't Proposes To Streamline CMA Regime

  

  The Department for Business and Trade’s planned overhaul of the Competition Market Authority’s regime will introduce a series of targeted procedural changes aimed at improving efficiency and engagement, raising questions around procedural safeguards and jurisdictional thresholds, say lawyers at Baker Botts.

• Navigating Legal Privilege Issues When Using AI

  

  The recent explosion in artificial intelligence has led to prompts and AI outputs that may be susceptible to disclosure in proceedings, and it is important to apply familiar principles to assess whether legal privilege may apply to these interactions, say lawyers at HSF.

• How Restructuring Reforms Will Streamline Insolvency Plans

  

  The recently published revised practice statement on schemes of arrangement and restructuring plans promises midmarket businesses efficiency without diluting safeguards, positioning schemes as inclusive tools rather than elite options, say lawyers at Addleshaw Goddard.

• Role Of UK Investment Act Is Evolving In M&A Deals

  

  With merger and acquisition activity likely to increase in light of the government’s new defense industrial strategy, the role of the National Security and Investment Act will come into sharper focus, and its recent annual report confirms that scrutiny is intensifying, say lawyers at Kingsley Napley.