UK Expert Analysis


Nonequity Partner Tier Presents Lawyers With Pros And Cons

While the nonequity partner model may offer law firms' management flexibility and be a genuine stepping stone for lawyers in some organizations, at others the tier functions more as an extended holding pattern whose uncertainty can cause frustration for ambitious lawyers, say Filippo Falchi and Portia White at Major Lindsey.


Decoding Arbitral Disputes: Curial Review Limits In Singapore

The Singapore International Commercial Court's recent decision to dismiss an application for supervisory relief from a Singapore International Arbitration Centre final costs award illustrates the limits of converting adverse financial consequences into public policy objections, even where the commercial result is severe, says Josep Galvez at 4-5 Gray's Inn.


Guitar Shape Controversy Highlights Nuances Of IP Protection

A recent German case related to Fender's efforts to secure intellectual property protection for its Stratocaster guitar design highlights a structural tension inherent in IP law — the designs that most successfully become embedded in the cultural landscape are the hardest to justify exclusive ownership of, say attorneys at Spencer West.


AI Deals Call For Tailored Approach To Address Hidden Risks

As artificial intelligence deals continue to advance, they raise complex intellectual property questions with hard-to-verify technical facts that require a different approach to due diligence, risk allocation and execution, say lawyers at Katten.


Series

Practice Leader Insights From Covington's David Berman

David Berman, Covington's head of EMEA financial services, discusses how he perceived a gap in the market for practical financial regulatory advice, the challenges of advising Egypt on its new banking law, and how firms that neglect artificial intelligence governance do so at their peril.


EU Foreign Subsidies Report Offers Chance To Take Stock

The European Union’s forthcoming review of the Foreign Subsidies Regulation, revealing reassuringly low intervention rates but a burdensome prenotification process, offers the European Commission a timely opportunity to address genuine distortions and be more proportionate in its demands on market participants, say lawyers at Dechert.


Diverging Global AI Rules Raise IP Risks For UK Cos.

Several recent updates to U.K. intellectual property law as it relates to artificial intelligence mark a sharp divergence with approaches in the European Union and U.S., highlighting why a one-size-fits-all IP strategy is not viable for U.K. businesses operating across multiple jurisdictions, say lawyers at Skadden.


EU Directive Recalibrates States' Anti-Corruption Landscape

The European Union's recently adopted anti-corruption directive does not transform compliance requirements overnight, but it will establish a minimum harmonization framework addressing substantive offenses, corporate liability and sanction levels across member states once national legislation is in place, say Katharina Humphrey, Karla Böltz and Maximilian Schach at Gibson Dunn.


'EU Inc.' Proposal Offers Startups Flexibility But With Limits

While the European Commission’s recent proposal for a single corporate framework across the European Union should offer a seamless and more accessible structure for high-growth businesses, seemingly minor variations complicate deal structuring and give rise to legal uncertainty in practice, says Mathieu de Korvin at Alkeom.


Easing Of UK Stablecoin Rules Will Encourage Crypto Growth

The Bank of England’s recent decision to relax parts of its proposed framework for sterling-backed stablecoins balances innovation with financial stability, and will help the U.K. remain competitive with crypto markets across the globe, says Thomas Cattee at Gherson.


New FDI Regs Signal Major Changes For M&A Deals In EU

The European Parliament’s recent adoption of the new foreign direct investment regulation represents a major shift from the European Union's current regime, replacing a voluntary fragmented system with a mandatory baseline for screening and introducing procedural requirements that will bring greater consistency across member states, say lawyers at Covington.


EU Fund Manager Reforms May Deepen Divide With UK Regs

Although the European Union is progressing with newly implemented regulations for alternative investment fund managers, the U.K. is leveraging post-Brexit flexibility to review its regulatory framework, marking a potential divergence between the two regimes, say lawyers at Skadden.


FCA-Approved Firms Get Liability Clarity On Appointed Reps

The recent U.K. Supreme Court judgment in Kession Capital v. KVB Consultants, turning on the construction of Section 39 of the Financial Services and Markets Act 2000, sets an important precedent in elucidating a Financial Conduct Authority-authorized person's responsibility for its appointed representative's activities, say lawyers at Signature Litigation.


Private Lender Verification Lessons From Recent Fraud Cases

Recent fraud allegations involving private credit borrowers raise compliance red flags for lenders, who must recognize that financial and collateral verification is an essential safeguard as failures in underwriting and monitoring infect the broader market, say Michael Bresnick at Venable and Brian Mich at Control Risks Group.


Ultra's SFO Deal Signals Broader Path To Corporate Charges

The Serious Fraud Office's recent deferred prosecution agreement with Ultra Electronics, the SFO's first in five years, matters more than its immediate facts, with expanded senior manager attribution and failure-to-prevent offenses allowing prosecutors an increasingly credible route to corporate conviction, says Daniel Hudson at Seladore Legal.


Internal Investigation Strategy After Glencore Privilege Ruling

The recent High Court ruling in Aabar Holdings v. Glencore PLC confirms that legal privilege can extend to intraclient communications, materially improving the position of companies that design investigations carefully, define legal channels properly and maintain discipline in their internal communications, says Nicolas Groffman at Harligan.


What May And May Not Work In UK's 3-Year Fraud Strategy

The U.K. government’s recently launched strategy to fight online fraud marks an eye-catching escalation in its approach that demonstrates it is taking the threat seriously, but the lack of detail on how it will develop strategies to outpace artificial intelligence-powered fraud are less convincing, say lawyers at Ashurst.


EU Merger Overhaul Gives New Weight To Deal Efficiencies

The European Commission’s recently published draft merger guidelines mark a recalibration rather than a revolution, yet by elevating efficiencies to a central pillar of assessment they signal a deliberate pivot to innovation and investment, say lawyers at Slaughter and May.


Series

Studying Foreign Languages Makes Me A Better Lawyer

Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.


Reflecting On The UK Senior Managers Regime 10 Years On

While the ongoing changes to the senior managers and certification regime to streamline processes and remove certain restrictions are welcome, the scheme has worked well overall since its 2016 inauguration, and firms’ compliance and risk management-thinking have shown a marked improvement, say lawyers at Faegre Drinker.



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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.