Expert Analysis

• What To Know About Interim Licenses In Global FRAND Cases

  

  Recent U.K. court decisions have shaped a framework for interim licenses in global standard-essential patent disputes, under which parties can benefit from operating on temporary terms while a court determines the final fair, reasonable and nondiscriminatory terms — but the future of this developing remedy is in doubt, say attorneys at Fish & Richardson.

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  Practice Leader Insights From Baker Botts' Neil Coulson

  

  Neil Coulson, chair of intellectual property at Baker Botts, discusses the challenges of tackling a patent litigation with a short timetable, the post-Brexit delineation between the European Union's and the U.K.'s approaches to trademark examination, and why it is important to be able to discourse with clients easily on technical topics.

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  Practice Leader Insights From Freshfields' Kathleen Healy

  

  Kathleen Healy, partner in London and co-leader of Freshfields' people and reward practice in Asia, discusses the challenges of advising on employment and industrial relations during the financial crisis, why the employment tribunal system would benefit from additional funding, and how reforming noncompete clauses will create plenty of legal and practical issues.

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  Practice Leader Insights From HSF Kramer's Sarah McNally

  

  Sarah McNally, head of the global insurance disputes practice at HSF Kramer, discusses the challenges of orchestrating an expedited proceeding during the pandemic, how document disclosure in litigation is becoming a huge burden, and why insurance is all-pervasive, and accordingly interesting and varied.

• EU-US Data Transfer Ruling Offers Reassurance To Cos.

  

  The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.

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  Practice Leader Insights: Shakespeare Martineau's Phil Pepper

  

  Phil Pepper, head of employment at Shakespeare Martineau, discusses the challenges of working on a high-stakes case that progressed to the European Court of Justice, the need for reform of employees' rights legislation when a business transfers, and why lawyers should develop soft skills early in their careers.

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  Practice Leader Insights From Forbes' Kella Bowers

  

  Kella Bowers, head of insurance at Forbes, discusses the challenges of balancing the needs of the people and institutions involved in child sexual abuse exploitation cases, why a preaction protocol for abuse work is needed, and how insurance law can enable lawyers to work on many hard-hitting issues.

• 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.

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  Practice Leader Insights: Harbottle & Lewis' Yvonne Gallagher

  

  Yvonne Gallagher, head of employment at Harbottle & Lewis, discusses the challenges of dealing with clients' emotions, the significance of the widening scope for discrimination disputes, and why junior lawyers should focus on learning the basic contractual and statutory principles of employment law. 

• How Cos. Can Straddle US-UK Split On Work Misconduct, DEI

  

  With U.K. regulators ordering employers to do more to prevent nonfinancial misconduct and discrimination, and President Donald Trump ordering the rollback of similar American protections, global organizations should prioritize establishing consistent workplace conduct frameworks to help balance their compliance obligations across the diverging jurisdictions, say lawyers at WilmerHale.

• Viral Comms Crises Create Dual Corp. Governance Threats

  

  As legislative hearings increase in frequency and social media fuels their reputational impact, corporate legal teams face a new dual challenge that reflects a fundamental shift in accountability and demands new strategies, governance frameworks and organizational capabilities, says Joanna Ludlam at Jenner & Block.

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  Practice Leader Insights From Mishcon's Richard Leedham

  

  Richard Leedham, head of the commercial litigation practice and insurance disputes team at Mishcon de Reya, discusses the challenges of coordinating a complex lawsuit during lockdown, why the remedy for damages for late insurance claim payments is practically worthless, and the importance of focusing on hard legal argument in class actions.

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  Practice Leader Insights From V&E's David Berkery

  

  David Berkery, head of aviation finance at Vinson & Elkins, discusses the challenges of striking an asset-backed securitization deal after the 2008 financial crisis rewrote the rules, why sustainable aviation goals need more government encouragement, and why young attorneys should focus on finding people they enjoy working with.

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  Practice Leader Insights From Gibson Dunn's Sandy Bhogal

  

  Sandy Bhogal, co-chair of Gibson Dunn's tax practice, discusses the challenges of working on a complicated restructuring during the financial crisis, the difficulty of dealing with rules that are adjusted by nonbinding guidance, and why tax lawyers need to know the law as well as they possibly can.

• SRA Ruling Raises Issue Of Jurisdiction Over Private Conduct

  

  The recent Solicitors Disciplinary Tribunal ruling, suspending a former Orrick associate after determining that a criminal offense of nonconsensual touching had occurred, serves as a cautionary tale that the regulator's jurisdiction may extend into private social settings, even where no abuse of power is proven, says Nick Brett at Brett Wilson.