UK Expert Analysis


Assessing Potential Legal Claims From Private Credit Turmoil

Amid the downturn in the private credit markets spurred by multiple high-profile bankruptcies, a New York lawsuit stemming from the collapse of First Brands provides an important case study for investors to help minimize future losses and maximize any potential recovery in the event of a private credit default, say attorneys at Bleichmar Fonti.


New French In-House Privilege Reshapes Arbitration Strategy

The French Constitutional Council’s recent granting of legal privilege to in-house counsel marks a structural evolution in French arbitration practice and alters the evidentiary balance of document production in cross-border disputes, although the new protection is neither absolute nor risk-free, say lawyers at King & Spalding.


What 2nd Circ. Discovery Stay Means For Sovereign Litigation

The Second Circuit’s recent stay of a postjudgment discovery order against Argentine officials in an oil investment dispute is worth examining in its full doctrinal and practical context, as limiting enforcement efforts that pry into foreign governments' internal workings could quietly reshape the trajectory of sovereign litigation in the U.S., says Josep Galvez at 4-5 Gray's Inn.


What New FCA Rules Mean For Deferred Payment Providers

New rules from the Financial Conduct Authority requiring deferred payment credit providers to obtain a financial services license have two notable implications: providers will be subject to full compliance with the regulator’s consumer duty, and must meet its organizational and governance requirements, says Alix Prentice at Cadwalader.


EU Ruling Signals More Intrusion Into Commercial Arbitration

Three things stand out from the recent opinion of the advocate general of the European Court of Justice in Reibel v. Stankoimport, which is the next step in a long line of measures chipping away at the viability of international arbitration in the European Union, say attorneys at BakerHostetler.


FCA Stablecoin Sandbox Indicates Shift In Crypto Regulation

The Financial Conduct Authority’s recent decision to use four companies to test stablecoin models within its regulatory sandbox provides a mechanism for testing real-world use cases, and shines a light on the U.K.'s broader strategy in the context of global stablecoin legislation, says Ben Lee at Andersen.


Series

Practice Leader Insights From CRS' Dewdney Drew

Dewdney Drew, head of brand protection at Charles Russell Speechlys, discusses the challenges of working on a firm's rebrand under time pressure, how the process to simplify U.K. design protection is under way, and why lawyers need to harness the power of artificial intelligence.


What UK, EU Law Firms Can Do To Rectify Gender Inequality

The latest figures show that elite international law firms remain among the weakest performers on gender equality in the legal industry, demonstrating that equity is no longer external to the practice of law, and sits within the core responsibilities of those who steward trust in courts and governments, says Govindi Deerasinghe at Global 50/50.


Who Will Be 1st To Prosecute New Corporate Fraud Offense?

With no prosecutions under the failure to prevent fraud offense six months on from its introduction, lawyers at BCL Solicitors explore the front-runners in the race to prosecute, and consider whether a private prosecutor might beat a state prosecuting authority to the finish line.


Winter Olympics Put The Spotlight On IP Issues

This year's Winter Olympics generated a handful of intellectual property controversies that highlight the key considerations that should be kept in mind when using creative works at sporting events, says attorneys at Squire Patton.


UK Top Court Clarifies Time Limit Issue In Shareholder Claims

The long-awaited U.K. Supreme Court decision in THG PLC v. Zedra Trust confirms that even historical acts can be remedied without a firm limitation date by allowing courts to order appropriate relief for unfairly prejudicial conduct, which will be welcomed by both petitioners and respondents, say lawyers at Stewarts.


What EU Cybersecurity Proposals Could Mean For Tech Cos.

The European Commission’s recent proposals for further communication technologies regulation via the Cybersecurity Act 2 and Digital Networks Act signify a substantive shift in how the European Union expects digital services, infrastructure and supply chains to function in an era of intensifying geopolitical risk, say lawyers at Akin.


Series

Practice Leader Insights From Jones Day's Vica Irani

Vica Irani, co-leader of Jones Day's corporate practice, discusses the challenges of assisting a multinational client with divesting its Russian operations at the onset of the Russia-Ukraine war, why greater harmonization across borders would be beneficial, and the increase in regulatory scrutiny for deals in terms of antitrust and foreign direct investment screening.


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.


Decoding Arbitral Disputes: UK Top Court On State Immunity

The U.K. Supreme Court's recent ruling denying Spain's and Zimbabwe's bids to escape arbitration awards using state immunity claims provides significant clarification of the relationship between sovereign immunity and the International Centre for Settlement of Investment Disputes system, and reinforces the finality and enforceability of ICSID awards, says Josep Galvez at 4-5 Gray's Inn.


FCA's £44M Nationwide Fine Highlights AML Control Gaps

The Financial Conduct Authority’s recent £44 million fine of Nationwide Building Society for anti-money laundering control failures demonstrates that where a firm does not implement appropriate policies and remediation projects, there is a risk that noncompliance will remain unaddressed, say lawyers at Taylor Wessing.


Why SRA Is Cracking Down On 'No Win, No Fee' Law Firms

Harriet Gamper at the Solicitors Regulation Authority discusses the regulator’s recent warning notice concerning "no win, no fee" arrangements in high-volume consumer claims, aimed at offering lawyers clarity in understanding their obligations following findings that many law firms were failing in their duty to protect clients' best interests.


Why UK Criminal Court Changes Need To Be Systemic

The proposals in the second part of Brian Leveson's long-anticipated independent review of criminal courts, aimed at easing pressure on the criminal justice system and restoring public confidence, are broadly welcomed, but without structural change and sustained funding, they risk becoming little more than temporary fixes, says Vicky Lankester at Brett Wilson.


What Brazil's Adequacy Status Will Mean For EU Data Flow

The European Commission’s recent historic decision to grant full adequacy status to Brazil for personal data transfers removes a significant compliance burden for organizations and offers an opportunity to simplify transfer mechanisms, positioning Brazil as a major gateway for EU-Latin America data flows, say lawyers at Gibson Dunn.


Series

Practice Leader Insights From Stewarts' Aaron Le Marquer

Aaron Le Marquer, Stewarts' head of insurance, discusses the challenges of conducting defamation proceedings in Thailand, why the minimal impact of the Insurance Act 2015 is disappointing, and how working in diverse environments provides a more holistic understanding of the way insurance works.



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Special Series


Practice Leader Insights

This year, 42 leaders of employment, intellectual property, insurance and transactions practice groups shared thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area.




Opinion


Collective Action Reform Can Save UK Court System

The crumbling foundations of Britain’s legal system require innovative solutions, such as investment in institutional infrastructure to reduce court backlogs, a widening of the Competition Appeal Tribunal’s remit and legislative clarity over litigation funding underpinning collective actions, says Neil Purslow at the International Legal Finance Association.

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.