UK Expert Analysis


What To Know About Interim Licenses In Global FRAND Cases

Recent U.K. court decisions have shaped a framework for interim licenses in global standard-essential patent disputes, under which parties can benefit from operating on temporary terms while a court determines the final fair, reasonable and nondiscriminatory terms — but the future of this developing remedy is in doubt, say attorneys at Fish & Richardson.


How EU And UK Consumer Loan Protections Are Shifting

As market evolution and digitalization motivate both the European Union and the U.K. to revamp consumer protections around lending, the potential for divergence between these rules will pose new challenges for cross-border consumer credit lenders, say lawyers at Skadden.


EBA Guidance Shakes Up EU Securitization Market Practices

Although the European Banking Authority’s recent questioning of the common use of conditional sale agreements to season assets when setting up securitizations has come as an unwelcome surprise, competent regulators are expected to follow the EBA guidance, even though as a Q&A response it is not legally binding, say lawyers at Debevoise.


Series

Practice Leader Insights From Baker Botts' Neil Coulson

Neil Coulson, chair of intellectual property at Baker Botts, discusses the challenges of tackling a patent litigation with a short timetable, the post-Brexit delineation between the European Union's and the U.K.'s approaches to trademark examination, and why it is important to be able to discourse with clients easily on technical topics.


Landmark VAT Ruling Should Shift HMRC Reply On Guidance

The recent decision in Hotelbeds Ltd. v. Revenue and Customs Commissioners on the recovery of input tax, confirming that HMRC is bound to comply with its own guidance, will make the agency rethink its usual response to allegations that the policy was not law, say lawyers at Kennedys.


EU Act Establishes Data Sharing Rules, But Hurdles Remain

The recently effective European Union Data Act provisions establish harmonized rules to unlock the use of data generated by technology-embedded software, but leave practical challenges that organizations will need to navigate to comply with cross-border requirements, say lawyers at King & Spalding.


Decoding Arbitral Disputes: Arbitrator's Conviction Upheld

The Supreme Court of Spain recently upheld the criminal conviction of arbitrator Gonzalo Stampa for grave disobedience to judicial authority, rejecting the proposition that an arbitrator's independence can prevail over a court order retroactively disabling the very judicial act conferring arbitral jurisdiction, says Josep Galvez at 4-5 Gray's Inn.


Reviewing EU Competition Policy 1 Year After Draghi's Report

Implementation of the Mario Draghi report’s proposals to revamp European Union competition policy is currently case-specific, making it less visible, and more needs to be done in the way of merger review and antitrust enforcement, say lawyers at Linklaters.


Series

Practice Leader Insights From Freshfields' Kathleen Healy

Kathleen Healy, partner in London and co-leader of Freshfields' people and reward practice in Asia, discusses the challenges of advising on employment and industrial relations during the financial crisis, why the employment tribunal system would benefit from additional funding, and how reforming noncompete clauses will create plenty of legal and practical issues.


Evolving General Partner Stakes Market Brings Opportunities

The rapid increase in investment in general partner stakes by private capital managers indicates its advantages over both strategic sales and initial public offerings, including the ability to retain greater operational control over the business and to avoid the scrutiny that accompanies a listing, says Nicholas Page at Macfarlanes.


How UK Proposal On Late Payments Could Affect SMEs

The U.K. government’s ongoing late payments consultation would claw back much-needed leverage for small and midsize enterprises negotiating with large organizations, should the reforms be implemented as proposed, say lawyers at Shoosmiths.


Waldorf Ruling Signals Recalibration For Restructuring Plans

The recent High Court landmark judgment refusing to sanction Waldorf Production PLC's restructuring plan underscores a change in the way courts assess whether such plans are fair, indicating not their demise but a pivotal moment in their evolution, say lawyers at Simpson Thacher.


5 Ways To Address The Legal Risks Of Employee AI Use

Employees’ use of unauthorized artificial intelligence tools has become a regulatory issue, and in-house legal counsel are best placed to close the gap between governance controls and innovation, mitigating the risk of organizations' exposure to noncompliance with European Union and U.K. data protection requirements, say lawyers at MoFo.


Key Points From UK And Japan's Antitrust Cooperation Pact

The memorandum of cooperation recently signed between the U.K. and Japan to promote collaboration in competition law enforcement is a meaningful step that offers cross-border businesses an improved foundation for earlier alignment and better risk management, say lawyers at Steptoe.


Series

Practice Leader Insights From HSF Kramer's Sarah McNally

Sarah McNally, head of the global insurance disputes practice at HSF Kramer, discusses the challenges of orchestrating an expedited proceeding during the pandemic, how document disclosure in litigation is becoming a huge burden, and why insurance is all-pervasive, and accordingly interesting and varied.


What Draft AML Reforms Mean For UK Financial Sector

HM Treasury’s recently published draft regulations amending the U.K. Money Laundering Regulations, although not as material as expected, are a step toward a targeted risk-based approach, which the industry will welcome, say lawyers at Ropes & Gray.


What Key EU Data Ruling Means For Cross-Border Transfers

The European Union Court of Justice’s recent judgment in European Data Protection Supervisor v. Single Resolution Board takes a recipient-specific approach concerning pseudonymized information, but financial services firms making international transfers should follow the draft EU Data Protection Board guidelines’ current stricter approach, says Nathalie Moreno at Kennedys Law.


Poundland Restructuring Plan Highlights Insolvency Law Shift

Poundland’s recently approved £95.2 million restructuring plan in the High Court under Companies Act, Part 26A, demonstrates that the relatively new provision has become an increasingly popular option for rescuing large companies facing insolvency, says Gavin Kramer at Collyer Bristow.


EU-US Data Transfer Ruling Offers Reassurance To Cos.

The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.


Series

Practice Leader Insights: Shakespeare Martineau's Phil Pepper

Phil Pepper, head of employment at Shakespeare Martineau, discusses the challenges of working on a high-stakes case that progressed to the European Court of Justice, the need for reform of employees' rights legislation when a business transfers, and why lawyers should develop soft skills early in their careers.



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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


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.

Further Anti-SLAPP Reform Is Needed To Protect Free Speech

New provisions aimed at combating strategic lawsuits against public participation recently came into effect in the U.K., but in applying only to economic crime-related information, the definition of a SLAPP is too narrow to prevent instigators bringing claims to silence public criticism, says Sadie Whittam at Lancaster University.