Expert Analysis

• Assessing Potential Legal Claims From Private Credit Turmoil

  

  Amid the downturn in the private credit markets spurred by multiple high-profile bankruptcies, a New York lawsuit stemming from the collapse of First Brands provides an important case study for investors to help minimize future losses and maximize any potential recovery in the event of a private credit default, say attorneys at Bleichmar Fonti.

• What New FCA Rules Mean For Deferred Payment Providers

  

  New rules from the Financial Conduct Authority requiring deferred payment credit providers to obtain a financial services license have two notable implications: providers will be subject to full compliance with the regulator’s consumer duty, and must meet its organizational and governance requirements, says Alix Prentice at Cadwalader.

• FCA Stablecoin Sandbox Indicates Shift In Crypto Regulation

  

  The Financial Conduct Authority’s recent decision to use four companies to test stablecoin models within its regulatory sandbox provides a mechanism for testing real-world use cases, and shines a light on the U.K.'s broader strategy in the context of global stablecoin legislation, says Ben Lee at Andersen.

• Who Will Be 1st To Prosecute New Corporate Fraud Offense?

  

  With no prosecutions under the failure to prevent fraud offense six months on from its introduction, lawyers at BCL Solicitors explore the front-runners in the race to prosecute, and consider whether a private prosecutor might beat a state prosecuting authority to the finish line.

• What EU Cybersecurity Proposals Could Mean For Tech Cos.

  

  The European Commission’s recent proposals for further communication technologies regulation via the Cybersecurity Act 2 and Digital Networks Act signify a substantive shift in how the European Union expects digital services, infrastructure and supply chains to function in an era of intensifying geopolitical risk, say lawyers at Akin.

• FCA's £44M Nationwide Fine Highlights AML Control Gaps

  

  The Financial Conduct Authority’s recent £44 million fine of Nationwide Building Society for anti-money laundering control failures demonstrates that where a firm does not implement appropriate policies and remediation projects, there is a risk that noncompliance will remain unaddressed, say lawyers at Taylor Wessing.

• What Brazil's Adequacy Status Will Mean For EU Data Flow

  

  The European Commission’s recent historic decision to grant full adequacy status to Brazil for personal data transfers removes a significant compliance burden for organizations and offers an opportunity to simplify transfer mechanisms, positioning Brazil as a major gateway for EU-Latin America data flows, say lawyers at Gibson Dunn.

• How UK Securitization Reforms Will Affect Industry

  

  The Prudential Regulation Authority’s recent proposals to reform securitization requirements will offer greater structuring flexibility, reduced operational complexity and lower compliance costs, although with the rationale for imposing stand-alone obligations on institutional investors not clear, dissenting voices are likely, say lawyers at Skadden.

• How EU Reforms May Affect Copyright, AI Balance

  

  The European Parliament’s recently proposed resolution calling on the European Commission to address the intersection between copyright and generative artificial intelligence will have implications for companies developing technology, whose compliance costs will soar, and rights holders, for whom great opportunities may lie ahead, says Pasquale Tammaro at BonelliErede.

• FCA's HTX Action Shows Crypto Ad Rules Must Be Followed

  

  The Financial Conduct Authority’s London High Court action against global crypto-exchange HTX for illegally promoting its services to U.K. consumers sends the message that it will pursue those who flout the rules from a distance and will be key in testing the extent of the U.K.’s regulatory perimeter, says Nick Barnard at Corker Binning.

• UK Territories May Yet Prevail On Ownership Disclosure

  

  Despite its recently launched anti-corruption strategy, the U.K. government appears to have little appetite in the short term to impose fully public ownership registers on the overseas territories, a position that will be welcomed by advisers and individuals, says Rupert Cullen at Allectus Law.

• New Foreign Bribery Guide Can Help Int'l Cos. Identify Risks

  

  In light of growing global coordination on anti-bribery enforcement, the International Foreign Bribery Taskforce’s recent guide to foreign bribery indicators represents a step forward in the standardization of factors for evaluating corruption risks that multinational companies should consider, say lawyers at Paul Weiss.

• FCA Enforcement Newsletter Reflects Shift Toward Openness

  

  The Financial Conduct Authority’s inaugural Enforcement Watch newsletter provides clarity on the cases the regulator is opening and highlights its approach to early communication of enforcement activity, offering a welcome insight into its emerging priorities, says David Hamilton at Howard Kennedy.

• How UK Gov't Proposes To Streamline CMA Regime

  

  The Department for Business and Trade’s planned overhaul of the Competition Market Authority’s regime will introduce a series of targeted procedural changes aimed at improving efficiency and engagement, raising questions around procedural safeguards and jurisdictional thresholds, say lawyers at Baker Botts.

• Decoding Arbitral Disputes: US Cert Denial And EU Strategy

  

  The U.S. Supreme Court recently denied certiorari in Russia v. Hulley Enterprises, leaving in place the D.C. Circuit's opinion supporting jurisdiction in the $50 billion arbitration award challenge, and intensifying litigation exposure for the European Union's strategy of contesting the enforceability of intra-EU awards abroad, says Josep Galvez at 4-5 Gray's Inn.