Expert Analysis

• FTO Designations: Containing Foreign Firms' Legal Risks

  

  Non-U.S. companies can contain legal risks related to foreign terrorist organizations by deliberately structuring operations to demonstrate that any interactions with cartel-affected environments are incidental, constrained and unrelated to advancing harm on the U.S., says David Raskin at Nardello & Co.

• A Look At ESMA's New Governance Framework For EU Boards

  

  The European Securities and Markets Authority's recently finalized supervisory expectations for management bodies mark a shift toward improved board oversight across culture, risk, strategy and accountability that firms should view as a benchmark, say lawyers at Ropes & Gray.

• UK Class Actions Appear Set For Resurgence In 2026

  

  In 2026, the U.K. will likely see an uptick in class actions as a result of legal and regulatory developments, including the landmark court decision in BHP Group v. PGMBM Law that boosted confidence in the enforceability of funds-committed litigation funding arrangements, say lawyers at Winston & Strawn.

• Limited Claims Raise Concerns About Subsidy Act's Efficacy

  

  With significantly fewer challenges to date than expected under the Subsidy Control Act, it appears that parties may be unwilling to bring claims or unaware of their rights, calling into question the effectiveness of the regime, says Matthew Hall at McGuireWoods.

• How To Navigate AI M&A Risks, Compliance In Europe

  

  As the artificial intelligence industry continues to witness substantial M&A transactions in Europe, parties should be mindful of the unique challenges posed by the acquisition of intangible AI technologies, monitor the evolving regulatory landscape, and establish optimal mechanisms for risk allocation, say lawyers at Morgan Lewis.

• What Is In Store For ESG Litigation In UK And EU

  

  With 2025 seeing more sophisticated and far-reaching environmental litigation, and regulatory enforcement set to continue, a focus on greenwashing and climate attribution science is likely in 2026, and organizations must remain vigilant and proactive in their approach to sustainability risks and opportunities, say lawyers at Simmons & Simmons.

• Noting Similarities And Divergences In UK, EU Apple Rulings

  

  While recent judgments against Apple by the Competition Appeal Tribunal and European Commission all focus on the Apple ecosystem and point toward closer scrutiny of its App Store rules, their analytical methodologies and potential enforcement routes differ, highlighting differences in approaches to competition law, say lawyers at Perkins Coie.

• Decoding Arbitral Disputes: EU Law And Treaty Arbitration

  

  A recent Singapore court ruling in DNZ v. DOA upholding an arbitration award against Poland constitutes a significant affirmation of the autonomy of international arbitration from regional constitutional orders when disputes are adjudicated outside those orders, says Josep Galvez of 4-5 Gray's Inn.

• What To Expect From UK Prospectus Regime Changes

  

  The new U.K. prospectus regime for trading on regulated markets, effective Jan. 19, aims to streamline processes and reduce costs, but a significant shift in structuring and disclosure obligations will increase pressure on practitioners to manage risk under tighter timelines, say lawyers at Baker Botts.

• 10 Financial Regulatory Changes To Prepare For In 2026

  

  A number of changes in the financial regulatory sphere are due this year, from targeted support to payment safeguarding and a new consumer composite investments regime, and firms should plan to address the policies and regulatory strategies relevant to them, say lawyers at Womble Bond.

• How Gov't AML Supervision Reform Will Affect Law Firms

  

  In confirming that the Financial Conduct Authority will become the single supervisor for professional services, HM Treasury’s planned reform of the U.K.’s anti-money laundering and counter-terrorist financing supervision regime marks a significant change for the legal profession, signaling a greater emphasis on evidence and accountability, says Harriet Holmes at Thirdfort.

• EU Financial Regulation Trends Cos. Need To Watch In 2026

  

  An ever-increasing number of initiatives on the European Union regulatory agenda, with simplification and consistent implementation being priorities, means financial services businesses with a footprint in the EU or seeking to establish one will face significant challenges and strategic opportunities, say lawyers at Taylor Wessing.

• What To Expect From UK, EU Crypto Regime Changes In 2026

  

  With 2025 marking the first operational year of the European Union’s Markets in Crypto-Assets Regulation and the U.K.’s rules reaching their final legislative form, the two jurisdictions are converging in focus, but structural design differences mean firms active in both markets will require dedicated documentation to ensure compliance, say lawyers at Morgan Lewis.

• What Cos. Can Expect From CMA Consumer Protection Drive

  

  The Competition and Markets Authority’s recently launched consumer protection drive targeting banned online sales practices focuses on supporting compliance rather than on enforcement, although firms should expect this to change once businesses have had time to adapt to the regulator's new regime, say lawyers at Baker Botts.

• Preparing For UK's New Tax Fraud Whistleblower Program

  

  With the U.K. government introducing a U.S.-style whistleblower incentive scheme to tackle high-value tax avoidance and evasion, companies should take proactive steps and establish clear protocols to mitigate the potential increase in tax investigations, say lawyers at Skadden.