UK Expert Analysis


Series

Practice Leader Insights: Farrer & Co.'s Kathleen Heycock

Kathleen Heycock, leader of the employment practice at Farrer & Co., discusses why challenging cases foster a sense of achievement, how an increase in workplace investigations has affected her practice, and the importance of emotional intelligence when working on both positive and negative employment matters.


What End of Payment Systems Regulator Means For Biz

The U.K. government’s plan to abolish the Payment Systems Regulator and absorb its functions into the Financial Conduct Authority should eventually lighten the compliance burden for businesses under the PSR’s remit, which may in turn encourage growth, but the proposed changes will roll out slowly, say lawyers at Farrer & Co.


German Ruling Further Restrains Intra-EU Bilateral Arbitration

The German Federal Court of Justice recently issued a notable ruling that pushes the invalidation of intra-European Union bilateral investment treaty arbitration into the realm of stand-alone cost decisions, strengthening the EU's legal framework while increasing uncertainty for investors in the region, say attorneys at Linklaters.


Strategies For Litigating In The Unified Patent Court

Since opening its gates two years ago, the European Unified Patent Court has transformed the patent litigation landscape and global litigation strategies, but parties seeking to take advantage of the court's robust processes must be prepared for the front-loaded character of UPC proceedings, say attorneys at McDermott.


Compliance Lessons From Art Dealer's Terror Financing Plea

Regulated businesses can learn from the missteps of a recently convicted London art dealer, who failed to disclose sales to a suspected Hezbollah financier, by implementing compliance measures like anti-terrorism financing screenings as robust as their anti-money laundering policies and training staff to spot red flags, say lawyers at White & Case.


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.


Series

Practice Leader Insights From Morgan Lewis' Timothy Corbett

Timothy Corbett, leader of Morgan Lewis' London corporate and business transactions practice, discusses the challenges of divesting a company of its Russia operations under wartime conditions, the need to align regional regulatory approaches to artificial intelligence across global businesses, and why junior lawyers should develop an area of special interest.


UK Securities Tax Reform Will Be Welcomed By Investors

The proposed reforms resulting from HM Revenue & Customs' recent consultation on modernizing stamp taxes on shares, suggesting a single digital tax on securities to replace stamp duty and stamp duty reserve tax, are expected to reduce complexity for investors transacting in U.K. securities, say lawyers at Ropes & Gray.


UK Capital Reforms May Help Startup Founders, VC Investors

Hidden in the U.K. Financial Conduct Authority's recent proposals on the definition of capital for investment firms are changes to the eligibility requirements for instruments to be included in a firm's regulatory capital — changes that may reduce the risk of investing, especially in early-stage fintech firms, says Andrew Henderson at Goodwin.


EU Watchdog's ESG Dashboard Raises Transparency Bar

The European Banking Authority’s recently introduced ESG dashboard is a key tool in aligning financial institutions with the European Union's sustainability policies, and fundamentally alters the risk environment by transitioning climate-related data from a compliance afterthought to a core component of strategic decision-making, says Kristýna Tupá at Schönherr.


Whistleblower Rewards May Soon Materialize In UK

Recent government and Serious Fraud Office announcements indicate that the U.K.’s long-standing aversion to rewarding whistleblowers is reversing, underlining the importance for organizations to consider managing misconduct risk and prepare for a potentially significant uptick in tipoffs, says Tom Grodecki at Cadwalader.


Series

Practice Leader Insights From Covington's Gregor Frizzell

Gregor Frizzell, head of the EMEA corporate group and vice chair of the global corporate practice at Covington, discusses the creative challenges of merger and acquisition document provisions, how modernizing the archaic stamp duty regime would be welcomed by tax lawyers, and the guidance offered by a recent case on the interpretation of material adverse clauses.


High Court Ruling Shows Firm Stance On Procedural Integrity

The recent High Court decision in Qatar Investment v. Phoenix Ancient Art demonstrates its zero tolerance of procedural failure, serving as a reminder that the financial burden associated with document disclosure will not excuse a party’s failure to comply with court orders, say lawyers at Quillon Law.


UK May Play Major Role In Corporate Misconduct Regulation

In light of the U.S.' pause in Foreign Corrupt Practices Act enforcement, the U.K. Serious Fraud Office has released new guidance showing it may seize the opportunity to play a heightened role in regulating corporate misconduct by U.S. companies with a global presence, particularly over the next few years, say attorneys at Paul Weiss.


A Shifting Landscape Of Greater Scrutiny After Data Breaches

Recent Information Commissioner's Office fines for personal data breaches and a Home Office consultation signal a shift in the U.K. regulatory landscape, and with an increase in mass actions and resulting exposure, organizations should prepare for potential third-party claims from those incurring consequential losses, say lawyers at Atheria.


What EU 'Killer Acquisition' Study Means For Pharma Deals

The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.


What To Note As HM Treasury, FCA Plan New Crypto Regs

Taken together, HM Treasury’s recently proposed crypto-asset regulations and the Financial Conduct Authority’s new discussion paper on regulating crypto-asset activities provide key insights into the government's planned regime, which represents significant changes that will affect all firms providing related services, says Mark Chalmers at Davis Polk.


Tools For Effective Asset Tracking In Offshore Jurisdictions

In light of a technology company's recent allegations that its former CEO maintained an undisclosed interest in offshore companies, practitioners may want to refresh their knowledge of the tool kit available for tracing and recovering allegedly misappropriated assets from both onshore and offshore jurisdictions, say lawyers at Walkers Global.


Guidance Offers Clarity On UK Foreign Influence Registration

The Home Office's recently released guidance on the new Foreign Influence Registration Scheme provides important context for different industries and sectors, highlighting that careful assessment of interactions with foreign entities and governments is needed to determine whether registration is required, say lawyers at Skadden.


Incorporating UKIPO Guidance Into AI Patent Strategies

Updated guidance from the U.K. Intellectual Property Office sheds light on how it assesses patents for artificial intelligence inventions and highlights approaches that improve applicants' options for demonstrating that AI provides a technical contribution, say lawyers at Finnegan.



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Special Series


Practice Leader Insights

In this Law360 U.K. Expert Analysis series, leaders of employment, intellectual property, insurance and transactions practice groups share thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area.




Opinion


UK Court Of Appeal's FRAND Ruling Is Troubling

The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.

UK Gov't Needs To Take Action To Support Whistleblowing Bill

With a proposed Office of the Whistleblower Bill making its way through the U.K. Parliament, whistleblowing is starting to receive the attention it deserves, but the key to unlocking real change is for the government to take ownership of reform proposals and appoint an overarching whistleblowing champion, says Baroness Susan Kramer at the House of Lords.




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