Expert Analysis

• Series

  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.

• Series

  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.

• Series

  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.

• Series

  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.

• Series

  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.

• Series

  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.

• Series

  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.

• Series

  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.

• Why Leveson Review Is Significant For UK Court System

  

  Brian Leveson’s recent review into the U.K. criminal justice system calls for judge-only trials in serious and complex fraud cases, a controversial recommendation that is sparking debate over the future of jury trials, says Louise Hodges at Kingsley Napley.

• Series

  Practice Leader Insights From V&E's Ben Higson

  

  Ben Higson, head of Vinson & Elkins' London transactions practice, discusses the complexities of knitting together businesses across the world into a joint venture, how warranty and indemnity insurance has altered the way deals are conducted, and why discipline and resilience are key for M&A lawyers.