Expert Analysis

• 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.

• Examining EU Data Watchdog's E-Commerce Account Guide

  

  Lawyers at Gibson Dunn take a look at the European Data Protection Board’s recently adopted recommendations regarding the mandatory creation of user accounts on e-commerce websites, and address the regulator's assessment of when they may be justified under the General Data Protection Regulation.

• EU AI Act Conformity Key For Cos. Despite Enforcement Delay

  

  The European Data Protection Board-European Data Protection Supervisor’s recent joint opinion, posted in response to the European Commission’s proposal to delay EU Artificial Intelligence Act implementation, captures some of the core worries raised that postponement may affect fundamental rights protections and further undermine legal certainty, say lawyers at ZwillGen.

• EU Foreign Subsidies Guide Brings Clarity And Questions

  

  The European Commission’s long-awaited EU Foreign Subsidies Regulation guidelines provide helpful clarifications for companies, but with many areas remaining broadly framed, uncertainty may continue to deter investments and increase the compliance burden on organizations, say lawyers at Hogan Lovells.

• FRC Audit Proposals Reaffirm Support For Economic Growth

  

  The Financial Report Council’s recent proposals to prioritize audit enforcement, supervision and market reform will reward audit firms that self-police and proactively admit auditing standard breaches, signaling its aims to change the market landscape and encourage investment, say lawyers at RPC.

• How FCA's Client Reforms May Boost Investment Access

  

  The Financial Conduct Authority’s recent proposals to reform the professional client categorization regime and simplify conflicts of interest rules are likely to be welcomed, although firms will need to navigate the increased responsibility that comes with greater flexibility, say lawyers at Skadden.

• Irish Consumer Law Proposals Expose Concerns Over Privacy

  

  The Irish government’s recent proposals to amend and clarify competition and consumer law would allow new investigative powers and greater financial sanctions, leading to concerns from businesses whether the benefits outweigh the privacy risks, says Kate McKenna at Matheson.

• Where PCAOB Goes Next After A Year Of Uncertainty

  

  The Public Company Accounting Oversight Board will likely bring fewer enforcement matters in 2026, reflecting a notable change in board priorities following the change in administrations, say Robert Cox and Nicole Byrd at Whiteford Taylor and Matthew Rogers at Bridgehaven Consulting.

• Nigeria Ruling Offers Road Map For Onerous Costs Requests

  

  The Court of Appeal's judgment in Nigeria v. VR Global Partners is significant because it tests the extent to which a court may prioritize accessibility and its own resources over a judgment creditor's desire for immediate recourse, says Josep Galvez at 4-5 Gray's Inn Square.

• Consolidation Of Lloyd's Bylaws Will Be Useful For Members

  

  Lloyd’s of London’s recent consolidation of its bylaws will make the rules governing its market more accessible, providing immediate results as well as the necessarily flexible framework to address the future needs of its participants, say lawyers at Skadden.

• How EU Prospectus Rule Changes May Boost Market Access

  

  The European Union Listing Act’s forthcoming changes to EU prospectus requirements aim to reduce the regulatory burden for issuers of securities, facilitating more efficient transaction execution and reducing market risk, of particular relevance to small and midsize enterprises, say lawyers at Covington.

• 4 Securities Trends For Pension Trustees To Watch In 2026

  

  With the U.K. signaling it will soon demand more active fiduciary stewardship from pension trustees, British and EU fund managers must follow key trends in mass securities litigation, investment disclosures, and U.S. enforcement that could require intervening for their investors in 2026, say lawyers at Labaton Keller.

• Sanctions Spotlight: Compliance Insights After OTSI's 1st Year

  

  The Office of Trade Sanctions Implementation's recent report on its first year of operation offers insights into OTSI's interpretation of its mandate as the U.K.'s civil enforcement body for trade sanctions and efforts to operationalize its enforcement powers, giving businesses a compliance road map for areas it will prioritize in 2026, says Alexandra Melia at Steptoe.

• 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.