UK Expert Analysis


OFSI Proposals Signal Greater Focus On Enforcement Activity

The Office of Financial Sanctions Implementation’s proposed financial sanctions reforms, with risks of higher penalties and more stringent disclosure requirements for U.K. banks and companies, reflect the agency’s evolution into a more sophisticated and robust enforcement regulator, says Irene Polieri at Gibson Dunn.


How Restructuring Reforms Will Streamline Insolvency Plans

The recently published revised practice statement on schemes of arrangement and restructuring plans promises midmarket businesses efficiency without diluting safeguards, positioning schemes as inclusive tools rather than elite options, say lawyers at Addleshaw Goddard.


How 2nd Circ. Decision Extends CFTC's Extraterritorial Reach

The Second Circuit recently concluded in U.S. v. Phillips that the Commodity Exchange Act extends to entirely foreign conduct if a victim of the conduct is based in the U.S., suggesting there is a heightened risk that foreign swap transactions will be susceptible to U.S. regulation when U.S. counterparties are involved, say attorneys at Skadden.


UK Getty Ruling Tests Balance Of IP Rights And AI Industry

The recent Getty Images v. Stability AI High Court decision, rejecting copyright claims while upholding limited trademark infringement, will influence the creative community and U.K. artificial intelligence industry alike, and the training of AI models in the U.K. is still a risk, say lawyers at Powell Gilbert.


Takeaways From Landmark UK Ruling On Brazil Dam Collapse

The High Court found BHP liable for a Brazilian dam collapse that resulted in a major environmental disaster, showing that England remains open for complex transnational environmental claims and providing a road map for other mass claims that are sure to follow this case, says Josep Galvez at 4-5 Gray's Inn Square.


Series

Practice Leader Insights From Squire Patton's Ranajoy Basu

Ranajoy Basu, global head of structured finance at Squire Patton, discusses the challenges of working on a transaction recognized by the G20 as a "game-changing financial innovation," the benefits of streamlining pretransaction due diligence, and why increased market activity in alternative asset securitizations is likely.


Navigating Compliance As EU Cybersecurity Rules Evolve

One year after the European Union’s Network and Information Systems Directive 2 took effect, in-scope organizations are encountering mounting pressure to meet new cybersecurity standards, and national variations are creating additional challenges for companies that operate across multiple EU jurisdictions, say lawyers at Goodwin.


EBA Proposals Signal Overhaul Of EU 3rd-Party Risk Rules

The European Banking Authority’s plans to extend third-party risk controls to non-ICT services, which may be finalized by the end of the year, will place a significant compliance and operational burden on in-scope entities, which should not be underestimated, say lawyers at Travers Smith.


4chan's US Lawsuit May Affect UK Online Safety Law Reach

4chan and Kiwi Farms’ pending case against the Office of Communications in a D.C. federal court, arguing that their constitutional rights have been violated, could have far-reaching implications for the extraterritorial enforcement of the U.K. Online Safety Act and other laws if successful, say lawyers at Taylor Wessing.


UK Tribunal's Clearview Decision Expands GDPR Application

The Upper Tribunal’s recent decision in Information Commissioner v. Clearview AI is an important ruling on the extraterritorial reach of the European Union and U.K. General Data Protection Regulations, broadening behavioral monitoring to include not only activity by the company, but also its client, says Edward Machin at Ropes & Gray.


Decoding Arbitral Disputes: UK Assignability Of ICSID Awards

The recent High Court decision in Operafund v. Spain clarifies the stance of English law on an important question to investors, funders and sovereigns, concluding that awards under the International Centre for Settlement of Investment Disputes Convention are not commodities that can be traded, says Josep Galvez at 4-5 Gray's Inn.


Series

Practice Leader Insights: Baker Botts' Mark Castillo-Bernaus

Mark Castillo-Bernaus, global chair of project finance at Baker Botts, discusses the challenges of working on a global project financing in multiple time zones, the need for consistency in regulatory frameworks across different jurisdictions, and why lawyers who work constructively with clients and colleagues tend to deliver better outcomes.


CMA Guide Clarifies Role Of Competition Law In Employment

The Competition and Markets Authority’s recent guide to applying U.K. competition law to employment market practices, with a focus on no-poach agreements, wage-fixing and exchange of sensitive information, provides welcome and timely guidance for employers trying to navigate this area, say lawyers at Lewis Silkin.


FCA Proposals Reduce Consumer Duty Compliance Burden

The Financial Conduct Authority’s recent proposals to streamline the consumer duty regime represent a pragmatic response to industry concerns, with a move toward sector-specific supervision and potentially narrowing its scope for wholesale and cross-border business, say lawyers at Simmons & Simmons.


How New Companies House ID Rules Affect Businesses

Lawyers at Shepherd & Wedderburn discuss the Economic Crime and Corporate Transparency Act’s new mandatory identity verification requirements for all company directors and persons with significant control, set to go live next week, which aim to curb fraud by improving the reliability of information held by Companies House.


Russia Sanctions Spotlight: Taking Russian Oil Off The Market

The recent sanctions targeting Russia's energy sector by the U.K., EU and U.S. aim to limit Russia’s ability to fund its war machine by the sale of fossil fuels, representing an important escalation that has the potential to affect a wide range of business activities, says Alexandra Melia at Steptoe.


Series

Practice Leader Insights: Shakespeare's Selina Hinchliffe

Selina Hinchliffe, head of commercial services at Shakespeare Martineau, discusses the challenges of advising a large U.S. corporation on complex licensing issues, how copyright law is struggling to keep pace with technology, and why mastering contract drafting and negotiation is so important for IP lawyers.


What EU Securitization Proposals Signal For Risk Transfers

If implemented, recent amendments to the European Union securitization framework are expected to have an unambiguously positive effect on significant risk transfer markets, providing greater consistency and necessary flexibility, say lawyers at McDermott.


Role Of UK Investment Act Is Evolving In M&A Deals

With merger and acquisition activity likely to increase in light of the government’s new defense industrial strategy, the role of the National Security and Investment Act will come into sharper focus, and its recent annual report confirms that scrutiny is intensifying, say lawyers at Kingsley Napley.


Growth, Harmonization In Focus As Hague System Turns 100

One hundred years after its establishment, the Hague System has grown into an important pillar of international design protection, offering a promising path toward even greater harmonization in design law as its geographic reach continues to expand, say attorneys at Sterne Kessler.



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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


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.