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UK Expert Analysis

UK Refusal Of US Extradition Request May Set New Standard
The recent U.K. Supreme Court ruling in El-Khouri v. U.S., denying a U.S. extradition request, overturns a long-held precedent and narrows how U.K. courts must decide such requests, potentially signaling a broader reevaluation of U.K. extradition law, say lawyers at Dechert and Kingsley Napley.

How EU Digital Act Could Shape UK Technology Disputes
Noncompliance with the recently effective European Union Digital Operational Resilience Act will add layers of complexity to disputes and litigation for U.K.-based firms servicing EU entities, but international standards may serve as a bridge between jurisdictional and contractual misalignments, says Siobhan Forster at Alvarez & Marsal.

What To Know About Compliance As EU AI Act Takes Effect
Raj Shah at Mishcon de Reya explains how recently effective provisions of the European Union Artificial Intelligence Act, which concern prohibited AI practices and AI literacy, will affect both providers and users of AI systems, and suggests steps that companies can take now to plug any compliance gaps.

Practice Leader Insights From Birketts' Maria Peyman
Maria Peyman, who heads Birketts' intellectual property team, discusses the challenges of cases involving multiple patents, the need to reform legislative provisions in light of artificial intelligence, and why junior lawyers should take opportunities to get a broad range of experience before specializing.

Banker Remuneration Proposals Could Affect More Than Pay
The Financial Conduct Authority and Prudential Regulation Authority’s pending proposals to reduce banker remuneration restrictions bring obvious personal financial advantages for bankers, but may have repercussions that result in increased scrutiny of bonus payments and wider changes to workplace culture and overall accountability, say lawyers at Fox Williams.
Series
Practice Leader Insights From Cleary's Gareth Kristensen

Gareth Kristensen, head of the Europe, Middle East and Africa intellectual property practice group at Cleary, discusses the challenges when data laws are not adapted to frontier artificial intelligence, why IP rights can have such significant value, and how nothing beats a deep understanding of what you enjoy within the realm of tech, IP and data.
New CMA Powers Will Change Consumer Protection Regime

The Competition and Markets Authority’s imminent broadened powers to impose penalties on organizations for unethical or misleading practices are likely to transform the U.K.’s consumer protection regime, and may lead to a rise in private litigation and increased regulatory scrutiny, say lawyers at Morgan Lewis.
What's Next After FCA Drops Troubled 'Name And Shame' Plan

A closer look at the Financial Conduct Authority's recent decision to toss its widely unpopular proposal changing the test for announcing enforcement investigations may reveal how we got here, why the regulator changed course, and where it’s headed next, say lawyers at Hogan Lovells.
A Look At Current Challenges In Whistleblowing Practice

Consensus on the status of reforming Great Britain's whistleblowing framework is currently difficult to discern, and thorny issues revealed by recent cases highlight undesirable uncertainties for those pursuing and defending whistleblowing claims, says Ivor Adair at Fox & Partners.
Series
PR Perspectives: 3 Misconceptions Around Law Firm Brands

Despite an implicit understanding of the value of brand, misconceptions around logo and financial value have resulted in law firms being slow to manage and build this valuable asset, without which it becomes difficult to attract the same caliber of client or recruit the best lawyers, says Daniela Conte at Gibson Dunn.
What To Note In EU Tech Transfer Agreements Consultation

Robert Klotz at Steptoe explains the European Commission’s main contemplated amendments to a regulation that exempts certain technology transfer agreements from European Union restrictions, the current political context around the ongoing reform, and as its potential consequences for businesses.
Series
Practice Leader Insights From Covington's Sonia Campbell

Sonia Campbell, head of the U.K. insurance recovery practice at Covington, discusses the challenges of working during the COVID-19 pandemic, why cyber underwriting risk will be critical for sector reform, and how junior lawyers need to be resilient and tenacious.
UK Refusal Of US Extradition Request May Set New Standard

The recent U.K. Supreme Court ruling in El-Khouri v. U.S., denying a U.S. extradition request, overturns a long-held precedent and narrows how U.K. courts must decide such requests, potentially signaling a broader reevaluation of U.K. extradition law, say lawyers at Dechert and Kingsley Napley.
Decoding Arbitral Disputes: Fiscal Liability Vs. Int'l Investment

The International Centre for Settlement of Investment Disputes' award in Amec Foster Wheeler USA v. Colombia, upholding the country's jurisdictional objections, exemplifies the growing tension between domestic regulatory measures and international investment protections, says Josep Galvez at 4-5 Gray's Inn Square Chambers.
Insights On ESMA's Alternative Investment Fund Consultation

Aaron Mulcahy at Maples Group discusses key points from the European Securities and Markets Authority’s recent consultation on open-ended loan-originating alternative investment funds, highlighting the growth in semi-liquid evergreen funds and explaining ESMA’s proposed standards.
What Employers Must Know About New Neonatal Care Act

With the Neonatal Care Act set to provide employees with a day 1 right to neonatal care leave and pay from April, employers should ensure that they understand the complex provisions underpinning the new rights before communicating them to their workforce, say lawyers at Morgan Lewis.
How UK Supreme Court May Assess Russia Sanctions Cases

In two recent U.K. Supreme Court cases challenging the U.K. Russia sanctions regime, the forthcoming judgments are likely to focus on proportionality and European Convention on Human Rights compatibility, and will undoubtedly influence how future challenges are shaped, says Leigh Crestohl at Zaiwalla.
Roundup
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.
How EU Digital Act Could Shape UK Technology Disputes

Noncompliance with the recently effective European Union Digital Operational Resilience Act will add layers of complexity to disputes and litigation for U.K.-based firms servicing EU entities, but international standards may serve as a bridge between jurisdictional and contractual misalignments, says Siobhan Forster at Alvarez & Marsal.
Key Findings From EU Report On Antitrust Remedies

Although the European Commission’s recent report assessing the effectiveness of its antitrust policy on behavioral remedies is not binding, it may influence future cases and promote coherence, providing useful insights for national competition authorities and courts when considering remedies in their own jurisdictions, say lawyers at Paul Weiss.
How Foreign Cos. Should Prep For New UK Fraud Law

As the U.K. prepares to hold companies criminally liable for failing to prevent fraudulent acts of their associates, U.S. and global companies should review their compliance measures against the broad language of this new offense, which could permit prosecution of acts committed entirely abroad, say attorneys at Latham & Watkins.
New UK Order Offers Welcome Clarity To Crypto Staking Rules

The recently effective Financial Services and Markets Act 2000 Amendment Order clarifies that arrangements for qualifying crypto-asset staking do not amount to a collective investment scheme, and by addressing an issue that curtailed staking activities in the U.K., facilitates the use of that practice, says Andrew Henderson at Goodwin.
Series
Practice Leader Insights: Bird & Bird's Rebecca O'Kelly-Gillard

Rebecca O'Kelly-Gillard, who co-heads Bird & Bird's international copyright group, discusses the challenges of working on long cases with complex issues, whether current copyright law is fit for purpose in light of artificial intelligence, and why understanding technology makes it easier to argue the nuances of the law.
How EU's Anticoercion Tool May Counter New US Tariffs

The never-before-used anticoercion instrument could allow the European Union to respond to the imposition of U.S. tariffs, potentially effective March 12, and gives EU companies a voice in the process as it provides for consultation with economic operators at different steps throughout the procedure, say lawyers at Crowell & Moring.
Opt-Out Strategy Considerations After Ruling In UPC Appeal

The Court of Appeal of the Unified Patent Court in AIM Sport Development v. Supponor recently clarified the circumstances under which a withdrawal of an opt-out from UPC jurisdiction is possible, bringing new strategic considerations for both patentees and potential defendants, say lawyers at Finnegan.
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
Prospects For New Fraud Prevention Prosecution Look Slim
With the Labour Party's inherited patchwork of Conservative Party corporate crime legislation for preventing fraud and corruption, the forthcoming Economic Crime Act’s failure to prevent fraud offense is unlikely to be successful in assisting prosecutors bring companies to justice, says Matthew Cowie at Rahman Ravelli.
EU's AI Code Of Practice Creates Risk Of Regulatory Clashes
The second draft of the European Commission's Artificial Intelligence Code of Practice significantly expands beyond the European Union's existing legal framework for AI — especially around copyright protection, public transparency and reporting obligations — and risks interfering with other EU laws by introducing requirements contrary to existing regulations, say lawyers at MoFo.