UK Expert Analysis


EPO Ruling On Claim Interpretation Will Have Broad Impact

The European Patent Office Enlarged Board of Appeal’s recent decision, finding that the description and drawings in a patent should always be consulted to interpret claims, will fundamentally change how the EPO interprets patent claims in both examination and opposition proceedings, say lawyers at Finnegan.


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.


Key Points From EU Proposals To Ease Securitization Rules

The European Commission’s recently proposed securitization framework amendments aim to relax existing rules, such as by reducing due diligence requirements and removing the need for investors to conduct certain prescribed compliance verifications by sponsors or original lenders, say lawyers at McDermott.


Challenges Law Firms Face In Recruiting Competitor Teams

Since the movement of lawyer teams from a competitor can bring legal considerations and commercial risks into play, both the target and recruiting firms should be familiar with the relevant limited liability partnership deed to protect their business, say lawyers at Fox & Partners.


23andMe Fine Signals ICO's New GDPR Enforcement Focus

Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.


High Court Elects Substance Over Form In Arbitration Dispute

The High Court recently found that an arbitral tribunal has jurisdiction over the dispute in Ras Al Khaimah Investment Authority v. India, underscoring the importance of aligning treaty interpretation with the goal of fostering investment, while rejecting interpretations that unduly limit investor protections, says Josep Galvez at 4-5 Gray's Inn.


What New UK Stub Equity Rules Will Mean For PE Bidders

The U.K. Takeover Panel’s recent guide to making stub equity offers, for the first time formally harmonizing the approach to be taken, should be helpful for both private equity bidders and practitioners, and not unduly restrictive, say lawyers at Davis Polk.


French Plans For Call-In Powers Signal More Merger Scrutiny

The French Competition Authority’s intention to draft a call-in mechanism for below-threshold transactions demonstrates a growing appetite to expand national investigation tools that will require a balance of effective control and legal certainty to reduce the burden on merging companies, say lawyers at Linklaters.


Series

Practice Leader Insights: Travers Smith's Louisa Chambers

Louisa Chambers, head of technology and commercial transactions at Travers Smith, discusses the challenges of working on a series of deals under time pressure, why data subject access requests can be a disproportionate burden on businesses, and how a career in technology and intellectual property will suit a lawyer with energy and creativity.


UK FDI Enforcement Continues, But Changes Are On The Way

With the U.K. government’s recent foreign direct investment investigation into Maple Armor’s increased shareholding in Fireblitz demonstrating the National Security and Investment Act’s wide scope, an announcement this month that certain transactions will no longer require mandatory notification represents a welcome simplification, says Matthew Hall at McGuireWoods.


7 Ways Employers Can Avoid Labor Friction Over AI

As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.


3 Changes To Note In Upcoming Employment Law Reforms

The forthcoming Employment Rights and Equality Bills, with complex family rights, flexible work and sexual harassment protection reforms, present unique challenges that make it essential for companies to embed these new legal duties in both practice and documentation, say lawyers at Linklaters.


What Cos. Must Note From EU's Delivery Hero-Glovo Ruling

The European Commission’s recent landmark decision in Delivery Hero-Glovo, sanctioning companies for the first time over a stand-alone no-poach cartel agreement, underscores the potential antitrust risks of horizontal cross-ownership between competitors, say lawyers at McDermott.


What To Expect As FCA Preps To Launch AI Testing Service

The Financial Conduct Authority’s forthcoming artificial intelligence live testing service will provide participants with access to appropriate regulatory expertise, but to gauge the tool’s potential utility, it is important to understand how it fits in with what the regulator is already doing, says Omar Salem at Fox Williams.


New Interpol Silver Notice Could Be Tool For Justice Or Abuse

Interpol has issued dozens of Silver Notices to trace and recover assets linked to criminal activity since January, and though the tool may disrupt organized crime and terrorist financing, attorneys must protect against the potential for corrupt misuse, say attorneys at Clark Hill and Arktouros.


Weighing PE Transaction Risks As EU AI Act Rolls Out

As the European Union Artificial Intelligence Act becomes effective in stages, legal practitioners involved in private equity deals should consider the transactional risks resulting from this measure, including penalties, extraterritorial reach and target-firm applicability, say lawyers at Covington.


Preparing For Literacy Compliance Under EU AI Act

The European Commission's recent Q&A on artificial intelligence literacy is designed to assist with European Union AI Act compliance, but since the law does not require a one-size-fits-all approach, organizations need to consider specific use cases and focus on implementing staff training, says Edward Machin at Ropes & Gray.


Practice Leader Insights From Bristows' Gareth Wadley

Gareth Wadley, head of the employment and immigration team at Bristows, discusses the challenges of resolving disputes where compensation is not the primary driver, why employment status law needs to better reflect the realities of modern work, and how neurodiversity is reshaping the workforce in a positive way.


EU Banking Watchdog Regulations Herald New AML Era

The European Banking Authority’s forthcoming anti-money laundering package will set a framework for compliance across the European Union by redefining the rules of engagement between financial institutions and supervisors, setting a new standard for transparency and accountability, say lawyers at A&O Shearman.


UK-EU Competition Agreement Signals Rebuilding Of Ties

The European Commission’s recent adoption of proposals to sign the European Union-U.K. competition agreement is a welcome first step toward better policy and enforcement convergence, providing a clearer legal framework for businesses to manage regulatory risk, says Charles Whiddington at Steptoe.



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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.