Expert Analysis

• Brazil Dam Ruling Highlights Role Of Corporate Accountability

  

  The recent High Court judgment in Municipio de Mariana v. BHP concerning the collapse of the Fundao dam establishes a precedent for holding parent companies that exercise significant control and assume responsibility liable for the actions of group entities, notwithstanding their multinational corporate structure, say lawyers at Irwin Mitchell.

• Freezing Orders Maintain Their Impact 50 Years On

  

  Freezing orders, created in Mareva v. International Bulk Carriers 50 years ago, are now a fundamental part of English and Welsh law and a significant weapon in the litigator's armory, considered indispensable by practitioners seeking to obtain enforceable judgments and interlocutory relief on behalf of their clients, say lawyers at Trowers and Hamlins.

• Decoding Arbitral Disputes: A Paris Ruling Defines Key Limits

  

  Though French arbitration law is highly supportive of arbitral autonomy, last week's Paris Court of Appeal judgment annulling a $14.9 billion arbitral award against Malaysia reaffirms that such support is neither unqualified nor blind to defects striking at the very legitimacy of the arbitral process, says Josep Galvez at 4-5 Gray's Inn.

• EU Businesses Face Uncertainty Amid Sustainability Reforms

  

  The European Commission’s sustainability omnibus, due to be approved this month, has brought a year of regulatory upheaval for European businesses, and although the long-awaited scaled-back obligations will provide clarity, a balance between not overburdening reporting companies and the need for data to make sustainable investments must be found, say lawyers at Peters & Peters.

• SFO Compliance Guide Highlights Early Remediation Is Key

  

  The Serious Fraud Office’s first external guidance on evaluating corporate compliance programs serves as an important reminder to organizations to keep their compliance measures under close review from the earliest stages of an internal investigation to mitigate the risk of ongoing and future misconduct, says Tom Grodecki at Cadwalader.

• How Russia Sanctions Trajectory Is Affecting UK Legal Sector

  

  The proliferation of U.K. and European Union sanctions targeting Russia has led to a vast increase in legislative provisions, and lawyers advising affected businesses should expect a complex and evolving legal landscape for the foreseeable future, says Rob Dalling at Jenner & Block.

• EU's AI Omnibus Proposal Offers 10 Key Changes For Cos.

  

  The European Commission’s recent proposal for an artificial intelligence digital omnibus aims to ease compliance burdens by extending timelines and increasing flexibility, bringing relief for midcaps and small and midsize enterprises, while enhanced cooperation requirements for regulators should reduce administrative duties for businesses, say lawyers at Cooley.

• Tracking Crypto-Asset Tax Rules In 2025 And Beyond

  

  The past year has seen an increasing amount of regulation in the crypto-asset space, with a range of novel and complex taxation challenges for regulators, and taxpayers can expect a marked increase in HM Revenue & Customs' compliance activity in the year ahead, says Liam McKay at RPC.

• 2025 UK Merger Reforms Simplify Path For Deals

  

  Dealmakers should laud the 2025 reforms in the U.K. merger control and investment screening landscape, as the Competition and Markets Authority’s renewed focus on economic growth — and on implementing more flexible, streamlined and hands-off procedures — makes planning transactions a more predictable process, say lawyers at Akin Gump.

• Train Ticket Class Action Shows Limits Of Competition Law

  

  The Competition Appeal Tribunal's recent judgment in Gutmann v. London & Southeastern Railway, Govia Thameslink Railway and First MTR South Western Trains Ltd. restates the important principle that a high bar is required to demonstrate an abuse of dominance, providing welcome clarification for consumer-facing businesses that competition law is not intended to serve as a general vehicle for consumer protection, say lawyers at Freshfields.

• Navigating Legal Privilege Issues When Using AI

  

  The recent explosion in artificial intelligence has led to prompts and AI outputs that may be susceptible to disclosure in proceedings, and it is important to apply familiar principles to assess whether legal privilege may apply to these interactions, say lawyers at HSF.

• A Look At Factors Affecting Ombudsman Complaint Trends

  

  Lawyers at Womble Bond provide an analysis of the Financial Ombudsman Service's complaint trends in 2025, highlighting the impact of changes within the FOS and external factors on the financial sector's redress system.

• What To Know About FCA's Short Selling Regime Proposals

  

  Although the Financial Conduct Authority’s recent proposals for changes to the U.K. short selling regime do not materially alter the rules, targeted reforms designed to reduce the administrative burden placed on position holders will be welcomed by market participants, say lawyers at McDermott.

• CMA's Leniency Guide May Change Self-Report Calculus

  

  The Competition and Markets Authority's updated leniency guide introduces significant changes to bolster cartel enforcement, with incentives to early self-report that will be welcomed by businesses, but the weighty specter of potential class actions could greatly outweigh the discount on administrative fines, say lawyers at Cooley.

• Why EU's FDI Screening Proposals Require Careful Balance

  

  The European Commission’s proposals to harmonize EU foreign direct investment screening regimes at the member state level require a trilogue between the commission, Parliament and council, which means political tensions need to be resolved in order to reach agreement on the five key reforms, say lawyers at Arnold & Porter.