Expert Analysis

• Volatile Energy Prices Complicate Int'l Arbitration Damages

  

  In the turbulent global energy market, international arbitration is a crucial tool for resolving cross-border disputes — but determining how, if at all, to account for recent energy price spikes when quantifying damages presents many challenges for tribunals, say attorneys at White & Case.

• Navigating Adjudication And Insolvency After St. Philips Case

  

  The U.K. Technology and Construction Court's recent judgment in J A Ball v. St. Philips Homes contains useful guidance on the enforcement of adjudicators' decisions by companies in administration and insolvent companies generally, say Michael Sadler and Gavin Hoccom at Browne Jacobson.

• 5 Crypto Considerations For UK Policymakers

  

  A recent consultation paper from the U.K.'s HM Treasury about digital asset regulation has been touted as a cause for celebration, and while the wheels have been put into motion, there is still a lot of work to do when it comes to correctly regulating the U.K.'s cryptocurrency industry, says Oliver Linch at Bittrex Global.

• Crypto-Asset Consultation Sets Out Direction Of Travel For UK

  

  HM Treasury's phased approach in its recently published consultation on extending the U.K.'s future financial services regulatory regime for crypto-assets, although in many ways differing from parallel developments in the EU, is likely to be conducive to thoughtful policymaking, say attorneys at Cleary.

• A Breakdown Of The SRA's Proposed New Fining Powers

  

  Thanks to the Solicitors Regulation Authority's pending new fining framework, which includes guidance on unsuitable fines and a fixed penalties scheme for low-level breaches, firms can expect to see more disciplinary findings leading to an SRA fine rather than referral to the Solicitors Disciplinary Tribunal, say Graham Reid and Shanice Holder at RPC.

• Russian Bank Ruling Clarifies UK Sanctions Regime

  

  The recent U.K. High Court judgment of PJSC National Bank Trust v. Mints, a case brought by two Russian banks, is significant in clarifying that the U.K. sanctions regime does not deprive designated persons of their fundamental common law right to bring a claim in an English court, despite their assets being frozen, says Zoe O’Sullivan KC at Serle Court.

• EU Act Offers Financial Sector A Cybersecurity Framework

  

  Although unlikely to be a complete solution to all risk management issues, the Digital Operation Resilience Act, effective from 2025, will increase regulatory pressure substantially in the EU financial sector and demand compliance with several new requirements, say attorneys at DLA Piper.

• Expect UK And EU Cybersecurity Laws To Mature And Diverge

  

  Anticipated changes in cybersecurity legislation will strengthen both the U.K.'s and the EU's respective network and information systems, but potential inconsistencies mean organizations operating in both regimes should prepare for increased due diligence, say Louisa Chambers and Helen Reddish at Travers Smith.

• Warranty & Indemnity Insurance Considerations For M&A

  

  With increased competition and greater capacity leading to lower premiums and deal costs, warranty and indemnity insurance is now available to the wider M&A market, and may help to limit risk and help parties focus on other key elements of the transaction, says Alice Wooler at Birketts.

• What Firms Can Learn From FCA Consumer Duty Plan Review

  

  Based on the Financial Conduct Authority's review of around 60 consumer duty implementation plans, firms should focus on prioritizing effectively, implementing necessary changes and collaborating with other firms, all while considering the wider findings in developing their own plans and approach, say attorneys at Hogan Lovells.

• How Regulation May Affect The Role Of Crypto In The UK

  

  For crypto-asset firms to find a place in the U.K.’s burgeoning digital financial sector, the key is for regulators to strike the right balance between effective regulation and a regime that is sufficiently light-touch to make it attractive to the world’s major crypto companies, says Richard Cannon at Stokoe Partnership.

• 8 Steps To Improve The Perception Of In-House Legal Counsel

  

  With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.

• Lessons To Be Learned From Twitter's Latest Hacking Scandal

  

  Following the report of a recent data breach at Twitter, it is clearly vital for companies to adhere to best practices in data protection and IT security arrangements, including technical measures, and proper processes and procedures that mitigate risk and provide adequate training for staff, says Simon Ridding at Keller Postman.

• Crypto Regulation Demands A More Cooperative Approach

  

  Instead of implementing ever-increasing fines and unduly restrictive regulation, regulators should establish a more collaborative approach to the conundrum of cryptocurrency compliance that seeks to develop an understanding of both the industry's needs and its potential, says Mandeep Kaur Virdee at KaurMaxwell.

• Preparing For EU's Pay Gap Reporting Directive

  

  An agreement has been reached on the European Union Pay Transparency Directive, paving the way for gender pay gap reporting to become compulsory for many employers across Europe, introducing a more proactive approach than the similar U.K. regime and leading the way on new global standards for equal pay, say attorneys at Lewis Silkin.