Expert Analysis

• Examining The State Of Paccar Fixes After General Election

  

  Following the U.K. Supreme Court's Paccar decision last year, which made many litigation funding agreements for opt-out collective actions in the Competition Appeal Tribunal unenforceable, the judiciary will likely take charge in implementing any fixes — but the general election has created uncertainty, says Ben Knowles at Clyde & Co.

• EU Reports Signal Greenwashing Focus For Financial Sector

  

  Reports from the European Supervisory Authorities on enforcement of sustainability information, plus related guidance issued by the European Securities and Markets Authority, represent a fundamental change in how businesses must operate to maintain integrity and public trust, say Amilcare Sada and Matteo Fanton at A&O Shearman.

• Takeaways From UPC's Amgen Patent Invalidity Analysis

  

  The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.

• GDPR 6 Years On: Key Points From EU Report

  

  The European Commission’s recent report on the General Data Protection Regulation is clearly positive, concluding that it has brought benefits to both individuals and businesses, but stakeholders are still awaiting essential guidelines on scientific research and important business concerns remain, say Thibaut D'hulst and Malik Aouadi at Van Bael & Bellis.

• UK Mandatory ADR Push Renews Mediation Standards Focus

  

  In the wake of a Court of Appeal decision last year allowing courts to mandate alternative dispute resolution, the push toward mandatory ADR has continued with the aim of streamlining dispute resolution and reducing costs, say Ned Beale and Edward Nyman at Hausfeld.

• 2 UK Rulings Highlight Persistent Push Payment Fraud Issues

  

  Two recent High Court decisions, Larsson v. Revolut and Terna DOO v. Revolut, demonstrate that authorized push payment fraud continues to cause headaches for consumers and financial institutions alike, and with forthcoming mandatory reimbursement requirements, more APP fraud litigation can be expected, say lawyers at Charles Russell.

• Decision Shows Cost Consequences Of Rejecting Mediation

  

  An English county court's recent first-instance decision in Conway v. Conway & Meek, which imposed a reduction in costs due to what the judge saw as the defendants' unreasonable refusal to consider mediation, underscores a growing judicial willingness to promote mediation through cost sanctions, say Gerard Kelly and Gearoid Carey at Mason Hayes.

• Duties And Questions To Consider In Expert Witness Selection

  

  A spotlight has recently been shone on the role of expert witnesses due to the ongoing Post Office Horizon IT Inquiry, which should remind all parties to take steps to understand what an expert witness is responsible for and what the selection process should look like, says Toby Hunt at HKA.

• ECJ Cartel Damages Rulings Are Wins For Multinational Cos.

  

  Two decisions from the European Court of Justice last month clarifying the limits of the single economic unit doctrine in cartel damages proceedings will help multinational companies anticipate and prepare for litigation within a narrower band of possible jurisdictions, say lawyers at Linklaters.

• Takeaways From EU's 'Pay Or Consent' Advertising Probe

  

  Anne-Gabrielle Haie and Charles Whiddington at Steptoe examine key points from the European Commission's recent investigation into Big Tech's use of "pay or consent" advertising models, as well as the European Data Protection Board’s opinion on how such models can comply with EU competition and data protection laws.

• UK Judgment Could Change Anti-Money Laundering Regimes

  

  After the Court of Appeal of England and Wales' determination that criminal property remains criminal property in the hands of its purchaser even if purchased at market value, many businesses could face a new or heightened risk of prosecution for criminality in their supply chains and related money laundering offenses, say lawyers at Macfarlanes.

• Decoding Arbitral Disputes: Blasket Win Is A Beacon Of Hope

  

  A Belgian court's recent decision in favor of Blasket Renewable Investments, enforcing an arbitral award against the Kingdom of Spain, signals that despite the European Court of Justice's restrictive interpretations, there is judicial support within the European Union for enforcing investors' rights under international arbitration agreements, says Josep Galvez at 4-5 Gray's Inn.

• UK Approach To AI Patentability Appears Settled For Now

  

  After a High Court ruling upended the status quo last year, the Court of Appeal’s recent decision that Emotional Perception’s artificial neural network is not patentable represents a return to the U.K.’s familiar, albeit often complex, approach to patentability of artificial intelligence technology and computer programs generally, say lawyers at Potter Clarkson.

• How Digital Markets Act Will Enhance Consumer Protections

  

  The Digital Markets Act represents a major shift in U.K. competition and consumer protection law by introducing a new regulatory regime for large digital firms, and by giving the Competition and Markets Authority broader merger investigation powers and a wider enforcement remit for online activities, say lawyers at Cooley.

• What Steps Businesses Can Take After CrowdStrike Failure

  

  Following last month’s global Microsoft platform outage caused by CrowdStrike’s failed security software update, businesses can expect complex disputes over liability resulting from multilayered agreements and should look to their various insurance policies for cover despite losses not stemming from a cyberattack, says Daniel Healy at Brown Rudnick.