Expert Analysis

• EU Protocol Strengthens Int'l Criminal Asset Recovery Powers

  

  The Council of Europe’s recently adopted protocol to the Warsaw Convention marks a significant evolution in the international asset recovery landscape, signaling a focus on proactive and coordinated methods that require organizations to consider how to respond quickly to unexpected enforcement action, say lawyers at Trowers & Hamlin.

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  Practice Leader Insights From Mayer Brown's Miriam Bruce

  

  Miriam Bruce, Mayer Brown's head of business protection, discusses how being promoted on the eve of the pandemic was a baptism of fire in leadership, the challenges of multidimensional disputes, and why lawyers should invest in relationships, not just technical knowledge.

• A Potent EU Tool To Block Russian Arbitration Interference

  

  The European Union’s latest sanctions package introduces an EU-wide antisuit injunction mechanism that offers businesses a powerful weapon against Russia's efforts to derail international arbitration with forum-shopping tactics, say lawyers at Signature Litigation.

• Bar AI Guidance Shifts Verification Duty Focus To Law Firms

  

  The Bar Standards Board’s new guidance on the use of artificial intelligence in legal practice, following two recent cases highlighting risks of misuse, sends a clear message to law firm leadership that firms’ operational processes and the conduct of those who supervise now sit within the regulatory frame, says Marcella Rich at Williams Lea.

• Nonequity Partner Tier Presents Lawyers With Pros And Cons

  

  While the nonequity partner model may offer law firms' management flexibility and be a genuine stepping stone for lawyers in some organizations, at others the tier functions more as an extended holding pattern whose uncertainty can cause frustration for ambitious lawyers, say Filippo Falchi and Portia White at Major Lindsey.

• Decoding Arbitral Disputes: Curial Review Limits In Singapore

  

  The Singapore International Commercial Court's recent decision to dismiss an application for supervisory relief from a Singapore International Arbitration Centre final costs award illustrates the limits of converting adverse financial consequences into public policy objections, even where the commercial result is severe, says Josep Galvez at 4-5 Gray's Inn.

• Diverging Global AI Rules Raise IP Risks For UK Cos.

  

  Several recent updates to U.K. intellectual property law as it relates to artificial intelligence mark a sharp divergence with approaches in the European Union and U.S., highlighting why a one-size-fits-all IP strategy is not viable for U.K. businesses operating across multiple jurisdictions, say lawyers at Skadden.

• FCA-Approved Firms Get Liability Clarity On Appointed Reps

  

  The recent U.K. Supreme Court judgment in Kession Capital v. KVB Consultants, turning on the construction of Section 39 of the Financial Services and Markets Act 2000, sets an important precedent in elucidating a Financial Conduct Authority-authorized person's responsibility for its appointed representative's activities, say lawyers at Signature Litigation.

• Private Lender Verification Lessons From Recent Fraud Cases

  

  Recent fraud allegations involving private credit borrowers raise compliance red flags for lenders, who must recognize that financial and collateral verification is an essential safeguard as failures in underwriting and monitoring infect the broader market, say Michael Bresnick at Venable and Brian Mich at Control Risks Group.

• Internal Investigation Strategy After Glencore Privilege Ruling

  

  The recent High Court ruling in Aabar Holdings v. Glencore PLC confirms that legal privilege can extend to intraclient communications, materially improving the position of companies that design investigations carefully, define legal channels properly and maintain discipline in their internal communications, says Nicolas Groffman at Harligan.

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  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.

• 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.

• 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.

• 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.