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UK Expert Analysis
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.
How Illumina/Grail Is Affecting EU Merger Control 1 Year On
The landmark Illumina/Grail judgment a year ago limiting referral of below-threshold mergers to the European Commission has not left transactions unscrutinized, and for companies the days of straightforward merger filings analyses are over, say lawyers at Crowell & Moring.
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.
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.
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.
What To Know About EU's Reimposition Of Sanctions On Iran
Lawyers at Steptoe discuss the European Union’s recent reimposition of trade and financial sanctions against Iran, which will introduce legal and operational constraints that affect EU companies' commercial activities in the region.
Navigating Int'l Laws To Protect Children In The Digital World
The European Commission’s recent request to online platforms for information on their measures to protect minors using their services is part of an intensifying focus on safeguarding children, and with an ever-growing worldwide maze of regulations, digital businesses should conduct a holistic assessment to minimize risks, says Anna Morgan at Bird & Bird.
EPO Referral May Shift Patent Description Amendment Rules
The European Patent Office’s recent referral G 1/25 to the Enlarged Board of Appeal seeks to offer clarification on inconsistencies concerning requirements for description amendments, which could bring a change in direction for the EPO that potentially harmonizes its prosecution process with those of other countries, say lawyers at Finnegan.
FCA Crypto Proposals Herald Tougher Oversight For Firms
The Financial Conduct Authority’s recent proposals to extend regulation to crypto-asset activities will bring parity, but implementation of the operational resilience requirements and enhanced financial crime controls will present compliance challenges, says Michelle Kirschner at Gibson Dunn.
Series
Practice Leader Insights From RPC's Patrick Brodie
Patrick Brodie, head of employment at RPC, discusses the challenges of working with government departments and National Health Service trusts to find common ground between competing interests, the increasing use of AI in recruitment and performance management, and why finding an exceptional mentor is so important.
EU Investment Reporting Rules Letup Signals Pragmatic Shift
While investment companies remain subject to far-reaching disclosure obligations under the Foreign Subsidies Regulation, new guidance from the European Commission on reporting passive limited partner commitments represents a drastic simplification and burden reduction, say lawyers at Paul Weiss.
SFO's 2-Year Transformation Signals Crackdown On Fraud
Two years after Nick Ephgrave’s appointment as director of the Serious Fraud Office, the introduction of new corporate criminal offenses and strengthened investigative methods sends a clear message to corporations that the agency is delivering on its promise to be bolder and more proactive about tackling fraud, say lawyers at BCL Solicitors.
How Illumina/Grail Is Affecting EU Merger Control 1 Year On
The landmark Illumina/Grail judgment a year ago limiting referral of below-threshold mergers to the European Commission has not left transactions unscrutinized, and for companies the days of straightforward merger filings analyses are over, say lawyers at Crowell & Moring.
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.
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.