Expert Analysis

• Insights On ESMA's Alternative Investment Fund Consultation

  

  Aaron Mulcahy at Maples Group discusses key points from the European Securities and Markets Authority’s recent consultation on open-ended loan-originating alternative investment funds, highlighting the growth in semi-liquid evergreen funds and explaining ESMA’s proposed standards.

• How UK Supreme Court May Assess Russia Sanctions Cases

  

  In two recent U.K. Supreme Court cases challenging the U.K. Russia sanctions regime, the forthcoming judgments are likely to focus on proportionality and European Convention on Human Rights compatibility, and will undoubtedly influence how future challenges are shaped, says Leigh Crestohl at Zaiwalla.

• How EU Digital Act Could Shape UK Technology Disputes

  

  Noncompliance with the recently effective European Union Digital Operational Resilience Act will add layers of complexity to disputes and litigation for U.K.-based firms servicing EU entities, but international standards may serve as a bridge between jurisdictional and contractual misalignments, says Siobhan Forster at Alvarez & Marsal.

• Key Findings From EU Report On Antitrust Remedies

  

  Although the European Commission’s recent report assessing the effectiveness of its antitrust policy on behavioral remedies is not binding, it may influence future cases and promote coherence, providing useful insights for national competition authorities and courts when considering remedies in their own jurisdictions, say lawyers at Paul Weiss.

• How Foreign Cos. Should Prep For New UK Fraud Law

  

  As the U.K. prepares to hold companies criminally liable for failing to prevent fraudulent acts of their associates, U.S. and global companies should review their compliance measures against the broad language of this new offense, which could permit prosecution of acts committed entirely abroad, say attorneys at Latham & Watkins.

• Opinion

  EU's AI Code Of Practice Creates Risk Of Regulatory Clashes

  

  The second draft of the European Commission's Artificial Intelligence Code of Practice significantly expands beyond the European Union's existing legal framework for AI — especially around copyright protection, public transparency and reporting obligations — and risks interfering with other EU laws by introducing requirements contrary to existing regulations, say lawyers at MoFo.

• Ruling In SFO Case Shows How Contract Rules Apply To DPAs

  

  The Court of Appeal’s recent decision upholding the Serious Fraud Office's first-ever attempt to enforce an expired deferred prosecution agreement illustrates that the courts' approach to DPAs is governed by the rules of contract, and that the intention of the parties at the time of agreement is critical to contract interpretation, say lawyers at Simmons & Simmons.

• What To Know About Compliance As EU AI Act Takes Effect

  

  Raj Shah at Mishcon de Reya explains how recently effective provisions of the European Union Artificial Intelligence Act, which concern prohibited AI practices and AI literacy, will affect both providers and users of AI systems, and suggests steps that companies can take now to plug any compliance gaps.

• Banker Remuneration Proposals Could Affect More Than Pay

  

  The Financial Conduct Authority and Prudential Regulation Authority’s pending proposals to reduce banker remuneration restrictions bring obvious personal financial advantages for bankers, but may have repercussions that result in increased scrutiny of bonus payments and wider changes to workplace culture and overall accountability, say lawyers at Fox Williams.

• Rethinking 'No Comment' For Clients Facing Public Crises

  

  “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

• EU Report May Influence Regulation Of Decentralized Finance

  

  The European supervisory authorities’ recent report on decentralized finance highlights the major regulatory challenges and increased cybersecurity risks of this ecosystem, and will likely provide useful guidance on how the market could be regulated to limit potential risks for investors, say Hubert de Vauplane and Hugo Bordet at Morgan Lewis.

• EU Paper Urges Data Protection And Competition Law Unity

  

  A recent European Data Protection Board position paper calls for closer cooperation among data protection and competition authorities, and provides valuable insight for businesses seeking to ensure compliance across an increasingly complex regulatory landscape, say lawyers at Paul Weiss.

• Market Infrastructure Regs Aim To Reinvigorate EU Trading

  

  The recently amended European Market Infrastructure Regulation, imposing a requirement on certain financial and nonfinancial institutions to maintain an active EU counterparty account, hopes to incentivize the central clearing of trades, although there are concerns that higher compliance costs will lead to a decrease in competitiveness, say lawyers at McDermott.

• The Pros And Cons Of A 2nd Trump Term For UK Tech Sector

  

  While U.S. President Donald Trump’s protectionist stance on trade could disrupt global supply chains on which many U.K. tech firms are reliant, anticipated deregulation could provide fertile ground for investment and growth, and the U.K. tech sector is bracing for a mix of opportunities, say lawyers at Shoosmiths.

• Why EU Omnibus Package Is Receiving Mixed Reactions

  

  Although the forthcoming European Union omnibus simplification package consolidating corporate sustainability reporting requirements aims to reduce the regulatory burden on businesses, reaction to the proposals has been mixed, and reassurance is needed that these measures will not result in a watering down of the legislation, say lawyers at Peters & Peters.