UK Expert Analysis


Despite Acquittal, Gallery Case Warns Of UK Sanctions Risk

Although art gallery Hauser & Wirth was able to defeat criminal charges of breaching the U.K. Russia sanctions regime, the ruling illustrates that prosecution for those operating in high-value international markets is a real-world risk, say lawyers at Fieldfisher.


Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.


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.


Sanctions Spotlight: Rise Of Trade Measures In The UK

With HM Revenue & Customs' recent settlement with Petrofac marking the first public naming of a company for breaches of U.K. trade sanctions, and regulators demonstrating an increasing emphasis on systems and controls, there is clearly a more complex landscape evolving that businesses need to navigate, says Alexandra Melia at Steptoe.


Entain Ruling Offers Parties Key E-File Guidance

The U.K. Commercial Court’s recent decision in Various Claimants v. Entain PLC provides guidance for the first time for those navigating a court document filing pilot scheme, offering a practical template for parties to litigation involving sensitive issues by balancing transparency obligations with legitimate confidentiality concerns, say lawyers at HSFK.


Series

Practice Leader Insights From Mayer Brown's Ronan Mellon

Ronan Mellon, Mayer Brown's finance office practice lead, discusses how working in the City is like a parallel universe to growing up in rural Ireland, the challenges of working on a bond refinancing with a highly complex escrow arrangement, and why he is a fan of client secondments for junior lawyers.


BlueCrest Decision Tightens Test For LLP Tax Treatment

The U.K. Supreme Court’s recent judgment in HMRC v. BlueCrest Capital Management clarifies the tax framework for assessing whether limited liability partnership members are genuinely operating as partners or should be treated as employees, which is likely to be significant far beyond the hedge fund sector, say lawyers at Stewarts Law.


Patent Dispute Takeaways From Ruling In Kodak Appeal

The Unified Patent Court’s recent appeal decision in Kodak v. Fujifilm, confirming that the UPC may exercise jurisdiction over non-UPC patent designations, creates opportunities for patentees to pursue claims involving both UPC and non-UPC designations before a single forum, say lawyers at Morgan Lewis.


EU Ruling Creates Clear Separation Of Sanctions, AML Risks

A recent ruling from the Court of Justice of the European Union bars banks from automatically denying basic payment accounts based on U.S. sanctions listings, emphasizing the distinction between sanctions and money laundering risks while preserving significant discretion following individualized assessments, says Vaïk Müller at CMS.


How Employers Can Prep For EU Pay Transparency Directive

Although most EU member states failed to implement the Pay Transparency Directive by the June deadline, employers should take steps to address the overarching requirements, as compliance obligations could come into force quickly and with little advance notice, say lawyers at Morgan Lewis.


Series

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.


FCA Letter Highlights Football Clubs' Crypto Deal Risks

The Financial Conduct Authority’s recent warning to Premier League football clubs about sponsorship arrangements with unauthorized crypto-asset businesses demonstrates its concerns over unlawful financial promotions and anti-money laundering compliance failures, both of which run the risk of significant reputational damage and criminal prosecution, says Sushil Kuner at Freeths.


A Practical Guide To Key Changes In ICC Int'l Arbitration Rules

The International Chamber of Commerce’s recently revised arbitration rules, while not a seismic reset, create a coherent set of practical reforms focused on streamlining the process to parties’ needs, sending the message that preparation and strategic clarity will be rewarded, say lawyers at White & Case.


Germany IP Rulings Clarify 'Willing' SEP Licensee Analysis

In light of a series of judgments from a German regional court and the Unified Patent Court, U.S. entities and their counsel should keep pace with the willing licensee standard developing abroad, as standard essential patent and fair, reasonable and nondiscriminatory licensing disputes have become cross-border campaigns, say attorneys at Fish & Richardson.


Key Points For Cos. To Note When Replacing Their GCs

While it may seem beneficial for general counsel to hire their own successor, firms should instead regularly assess succession plans to ensure that they remain aligned with organizational goals, and foster an environment that values innovation and fresh perspectives to ensure a more impartial process, says Jerry Temko at Major Lindsey.


SRA Whistleblower Protections Will Test Legal Sector Culture

The Solicitors Regulation Authority's recent extension of whistleblower protections to law firm employees helps close the long-standing gap between professional and ethical obligations, but it does not fully resolve the cultural and structural barriers to reporting legal industry misconduct, says Georgia Learoyd at Howard Kennedy.


Series

Practice Leader Insights From Norton Rose's Jonathan Herbst

Jonathan Herbst, Norton Rose's global head of financial services, discusses the importance of encouraging a team as a whole, how increasingly complex regulation means that deals come down to managing risk across multiple regimes, and why incremental short-term goals are just as important as longer-term plans.


Decoding Arbitral Disputes: Post-Award Noncompliance

Grainful Holdings v. Mineev, a recent Commercial Court decision that resulted in a sentence for contempt following post-award enforcement proceedings, illustrates the point at which proceedings, having moved beyond recognition of an arbitral obligation, engage the court's own coercive jurisdiction, says Josep Galvez at 4-5 Gray's Inn.


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.


Parsing ICO Storage And Access Guidance Exceptions

Recent final guidance on storage and access technologies from the U.K. Information Commissioner's Office reflects the government's emphasis on key data privacy concerns, though businesses should consider leveraging several crucial exceptions, say lawyers at Hunton.



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Special Series


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.




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.