Expert Analysis

• Barclays Ruling Narrows Banks' Fraud Recovery Duty

  

  The U.K. Supreme Court's recent ruling in Philipp v. Barclays decided against the so-called Quincecare duty's application in authorized push payment fraud, shining light on how banks should balance their responsibility to follow customers' instructions against making reasonable inquiries, say lawyers at Ontier.

• Green Loans May Be Hungary's Path To Sustainable Financing

  

  Fueled by a rising trend in the use of green loans, Hungary is making impressive progress in its journey toward achieving a net-zero future, although the development of social and sustainability-linked loans is still a work in progress, say Gergely Szalóki and Bálint Bodó at Schönherr.

• AI Act Issues To Watch As EU Legislators Negotiate

  

  The EU is working to adopt the world's first comprehensive regulatory framework for artificial intelligence, but the AI Act proposals from the European Commission, Parliament and Council currently differ on law enforcement use of AI, classification of AI systems and related compliance obligations, say Alexander Roussanov and Lazarinka Naydenova at Arnold & Porter.

• How The Law Must Change To Accommodate Digital Assets

  

  The Law Commission's recent report shows that the common law of England and Wales is well suited to adapt to digital assets, and with targeted statutory reform to unlock the possibility of recognizing property in intangible things, the U.K. can become an ideal hub for parties to transact with emerging technology, says Sarah Green at the commission.

• Tackling Global Inflation Is A Challenge For Antitrust Agencies

  

  Recent events have put pressure on antitrust agencies to address the global cost-of-living crisis, but the relationship between competition and inflation is complex, and with competition agencies’ reluctance to act as price regulators, enforcement is unlikely to have a meaningful impact, say lawyers at Linklaters.

• Leading THC Case Lends Support To UK Legalization Debates

  

  Even though the Court of Appeal's ruling in R v. Margiotta on legally importing and supplying low THC cannabis cannot be relied on post-Brexit, it provides powerful arguments for the legalization of supply in low THC cannabis, including the fact the product is not considered a narcotic drug, say Robert Jappie at Fieldfisher and Josh Normanton at Trinity Chambers.

• Key Findings From EBA's Money Laundering Report

  

  The European Banking Authority's recent report on money laundering and terrorist financing risks, highlighting that payment institutions may be ineffectively assessing or managing those risks, makes clear that addressing its findings will be essential to protecting the European Union from financial crime, say lawyers at Hogan Lovells.

• Cos. Using AI Should Note Regulators' Privacy Concerns

  

  The past year’s unprecedented explosion in the use of artificial intelligence tools has sparked fears over the way personal data may be collected and treated, and organizations adopting AI will need to ensure that they have a lawful basis to use data collected in this way, says Paula Williamson at Excello Law.

• Comparing EU And UK Proposals To Regulate ESG Ratings

  

  Ferdisha Snagg and Andreas Wildner at Cleary examine the key aspects of the EU proposal for regulating environmental, social and governance rating activities and draw comparisons to the U.K. proposal regarding scope, substantive provider obligations on regulated providers and the likely timeline for adoption and implementation.

• Digital Assets Consultation Offers First Step In Regulation

  

  The recently published International Organization of Securities Commissions consultation intending to establish coordinated international regulation of cryptocurrency and digital assets, will benefit and protect retail investors against financial crime risk, also allowing legitimate market entrants to distinguish themselves from less scrupulous participants, says Fred Saugman at WilmerHale.

• ESG Litigation May Move Toward Untrue Statement Claims

  

  As the environmental, social and governance agenda has gained significant momentum, and more activists and investors hold businesses accountable to their commitments, the Financial Services and Markets Act provides a legal vehicle for shareholders to exert pressure on listed companies, say Rupert Lewis and Ceri Morgan at Herbert Smith.

• EU And UK Crypto-Asset Consumer Rights Look Set To Differ

  

  The U.K. government's recent consultation paper lacks an extended cooling off period to cancel crypto-asset purchases, which notably deviates from the European Union Markets in Crypto Assets Regulation, but depending on feedback, the U.K. may eventually adopt similar consumer protection measures, say Felicity Forward and Matt Green at Shoosmiths.

• What's Proposed For EU Industrial Design Protection Reform

  

  The proposed revision of EU laws governing the protection of designs would bring an alignment with technological advancements, and in preserving the importance of design rights as a tool for protecting creativity and innovation, would result in much- needed change, say Robert Mallin and Sander Vogt at Crowell & Moring.

• What The Collective Interests Bill May Mean For Irish Litigation

  

  As multinational corporations continue to increase their presence in Ireland, the forthcoming Collective Interests of Consumers Bill is expected to significantly alter the Irish litigation landscape and provide fertile ground for consumer-led group actions, backed by a gradual edging toward wider third-party litigation funding reform, say lawyers at Kennedys.

• EU Sustainability Initiatives Will Affect Emissions Trading

  

  The measures recently adopted by the EU in its "Fit for 55" legislative package to revise its emissions trading system and establish a carbon border adjustment mechanism have far-reaching implications for companies needing to implement changes to offset the potential effects of their business operations, say Melanie Bruneau, Giovanni Campi and Annette Mutschler-Siebert at K&L Gates.