UK Expert Analysis


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.


10 US Patent Pressure Points For EU Life Sciences Cos.

U.S.-specific patent issues can be challenging for European life sciences companies because they require decisions at the intersection of legal, scientific, regulatory and commercial functions, necessitating proactive, cross-functional steps from EU patent counsel, says Paul Calvo at Sterne Kessler.


Auditors Face Liability Risk In Longer Going Concern Reviews

A recent Institute of Chartered Accountants' article highlights a growing trend of requests to extend going concern assessment periods to 15 months or more, potentially leading to auditors assuming a duty of care to third parties, say lawyers at RPC.


How Revised EU Rules Would Alter Sustainability Reporting

Two draft delegated regulations recently published by the European Commission give effect to the Omnibus I simplification, highlighting a consistent policy direction: fewer companies in scope, later and lighter obligations, and explicit protections for smaller value chain counterparties, say lawyers at MoFo.


How UK Security Act Plans Will Affect Foreign Investors

The U.K. government's recently proposed changes to the scope of National Security and Investment Act transaction screening for foreign investment in sectors including communications, data infrastructure and energy should create a more proportionate, predictable and targeted regime, say lawyers at Skadden.


How Anthropic's Mythos May Upend Defense Cyber Rules

Anthropic’s recent announcement that Claude Mythos, an AI general-purpose language model, could soon enable virtually anyone to exploit vulnerabilities in major web browsers and operating systems marks an imminent increase in threat levels that current defense cybersecurity regulations were not designed to navigate, say attorneys at Fluet.


Lidl Case Puts Loyalty Apps In Consumer Rights Spotlight

The German Federal Court of Justice's imminent ruling on Lidl's use of loyalty apps could clarify whether retailers must disclose a total price when consumers register with personal data, highlighting the European Union's increasing scrutiny of loyalty app marketing, accessibility and data protection compliance, say lawyers at Freshfields.


Decoding Arbitral Disputes: EU's Arb. Defense From Russia

The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.


How New Act Expands UK Managers' Corporate Crime Liability

The recent enforcement of the Crime and Policing Act is a watershed moment for U.K. corporate criminal liability, facilitating the prosecution of organizations for the actions of their senior managers by extending liability beyond the individual with the directing mind and will to those who play a significant role in a business’s decision‑making, say lawyers at WilmerHale.


CMA's Actions Signal New Spotlight On UK Consumer Law

The Competition and Markets Authority’s recent hidden fee fine against the AA — its first infringement decision using its new direct enforcement powers — as well as its investigations into fake online reviews and scrutiny of subscription contracts, demonstrate the regulator's new focus on tackling the most egregious breaches of U.K. consumer law, say lawyers at Wilson Sonsini.


UK Stock Exchange Changes Ease Path For Foreign Issuers

Following the Financial Times Stock Exchange Russell's recent eligibility change aligning free float requirements for foreign and non-U.K. issuers, advisers to those considering a London listing should also assess index suitability, say lawyers at Debevoise.


FCA's AI Approach Makes Finance Advisers' Calls Harder

The Financial Conduct Authority’s recent reaffirmation that it won’t make special rules governing how financial service providers use artificial intelligence means advisers must pivot to interpreting already uncertain regulatory boundaries to help clients make defensible decisions about their AI use, says Sophie Sheldon at Simmons & Simmons.


What Dutch AI Decision-Making Guidance Means For Cos.

The Dutch Data Protection Authority’s recent draft guidelines on customers' rights to an explanation in automated decision-making processes under the General Data Protection Regulation raise important operational and governance considerations for companies, say lawyers at Hogan Lovells.


Understanding The Legal Risks Of Fragile Supply Chains

To ensure supply chain resilience in times of crisis — such as the recent blockage of the strategically vital Strait of Hormuz — it is important for everyone involved in the chain to understand the distribution arrangements and laws applicable across jurisdictions, say lawyers at Brown Rudnick.


How New E-Evidence Rules Will Affect EU-US Data Transfers

The forthcoming European Union e-evidence regulation signals the need to preserve digital evidence that is stored outside the issuing jurisdiction, bringing the EU significantly closer to the model employed by the U.S. and reflecting a shift in the legal landscape for cross-border data transfers, say lawyers at MoFo.


Compliance Landscape Shifts As CMA Targets Fake Reviews

The Competition and Markets Authority’s investigations into five companies’ alleged misleading online reviews are the first use of its administrative powers under the Digital Markets, Competition and Consumers Act, marking a turning point in U.K. consumer protection enforcement, say lawyers at Fieldfisher.


SFO Plan Focuses On Resilience But Funding Doubts Persist

The Serious Fraud Office’s emphasis on tighter case management and making greater use of technology in its latest business plan suggests a concern with strengthening complex financial crime enforcement, however the agency may not have the resources to deliver meaningful change, say lawyers at Signature Litigation.


Dutch Order Enforcing Award Tests Spain's Immunity Shield

The recently recorded enforcement award from The Hague District Court, allowing an investor to seize Spanish real estate in the Netherlands in satisfaction of an arbitration award, exposes the precise point at which International Centre for Settlement of Investment Disputes enforcement becomes coercive sovereign execution, says Josep Galvez at 4-5 Gray's Inn.



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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.