Expert Analysis

• Opinion

  New US-UK Tech Deal Offers Opportunities To Boost Growth

  

  The recently announced U.S. and U.K. Technology Prosperity Deal, encouraging businesses on both sides of the Atlantic to work together toward technological advance, will drive both investment in U.K. capabilities and returns for U.S. investors, says Peter Watts at Hogan Lovells.

• AI Risks Legal Sector Must Consider In Dispute Resolution

  

  Artificial intelligence presents significant opportunities to lawyers and decision-makers navigating increasingly data-heavy legal proceedings, but two recent cases provide a sobering reminder of the potential for misuse, say lawyers at White & Case.

• Challenges For Managers In Navigating Continuation Funds

  

  With continuation vehicles becoming an increasingly popular alternative to traditional private equity investment exit routes, managers and lenders should be confident that they understand a transaction’s structure and how it interacts with existing debt arrangements, says Jason Larkins at Travers Smith.

• High Court Elects Substance Over Form In Arbitration Dispute

  

  The High Court recently found that an arbitral tribunal has jurisdiction over the dispute in Ras Al Khaimah Investment Authority v. India, underscoring the importance of aligning treaty interpretation with the goal of fostering investment, while rejecting interpretations that unduly limit investor protections, says Josep Galvez at 4-5 Gray's Inn.

• UK-EU Competition Agreement Signals Rebuilding Of Ties

  

  The European Commission’s recent adoption of proposals to sign the European Union-U.K. competition agreement is a welcome first step toward better policy and enforcement convergence, providing a clearer legal framework for businesses to manage regulatory risk, says Charles Whiddington at Steptoe.

• Identifying Data Center Investment Challenges, Opportunities

  

  The role of data centers is expanding, as are new opportunities for private capital investors, but there are issues to consider, including finance models and contract complexity, as well as power supply, cyber threat resilience and data sovereignty, say lawyers at Ropes & Gray.

• Saxon Woods Ruling Tightens Rules On Director Good Faith

  

  The recent Court of Appeal judgment in Saxon Woods v. Costa departs from the High Court's ruling, clarifying that a director's sincere belief they have acted in the company’s best interests is not sufficient to satisfy the statutory requirement to act in good faith, say lawyers at Covington.

• Key Takeaways As EU And UK Impose New Russia Sanctions

  

  The European Union and U.K.’s new sanctions on Russia, designating increasing numbers of non-Russian companies in the defense and shipping sectors, mean that organizations must examine from the outset whether a transaction has any nexus with the EU or the U.K., say lawyers at Sullivan & Cromwell.

• EU Telecom Merger Ruling Unveils Foreign Subsidies Analysis

  

  The European Commission’s recent publication of its decision approving e&’s acquisition of certain portions of PPF Telecom Group reveals its approach toward and procedural expectations for the European Union’s Foreign Subsidies Regulation, offering valuable guidance on how the commission will conduct future investigations, say lawyers at Goodwin.

• Russia Sanctions Spotlight: Divergent Approaches Emerge

  

  With indications of greater divergence and uncertainty in Russia sanctions policy between the U.K., European Union and U.S., there are four general principles and a range of compliance steps that businesses should bear in mind when assessing the impact of a potentially shifting landscape, says Alexandra Melia at Steptoe.

• How CMA Is Responding To UK Gov't Pro-Growth Agenda

  

  With the U.K. government’s recent call for the Competition and Markets Authority and other regulators to better support economic growth, the competition policy landscape is shifting materially toward an emphasis on a more proportionate and targeted approach to merger enforcement, say lawyers at Macfarlanes.

• 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.

• New UK Order Offers Welcome Clarity To Crypto Staking Rules

  

  The recently effective Financial Services and Markets Act 2000 Amendment Order clarifies that arrangements for qualifying crypto-asset staking do not amount to a collective investment scheme, and by addressing an issue that curtailed staking activities in the U.K., facilitates the use of that practice, says Andrew Henderson at Goodwin.

• 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.

• Managing Transatlantic Antitrust Investigations And Litigation

  

  As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.