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UK Expert Analysis

Petrofac Ruling Shifts Focus To Fairness In Restructurings
The recent Court of Appeal overturning of Petrofac's restructuring plans demonstrates a change of direction that will allow previously ignored out-of-the-money creditors a share in the benefits, and means companies must review the fair treatment of different creditor classes, say lawyers at King & Spalding.

FCA Misconduct Guide Will Expand Firms' Duty To Investigate
The Financial Conduct Authority's recent proposals on workplace nonfinancial misconduct will place a greater onus on compliance and investigations teams, clarifying that the question to ascertain is whether the behavior is justifiable and proportionate, say lawyers at Ashurst.

SRA Ruling Raises Issue Of Jurisdiction Over Private Conduct
The recent Solicitors Disciplinary Tribunal ruling, suspending a former Orrick associate after determining that a criminal offense of nonconsensual touching had occurred, serves as a cautionary tale that the regulator's jurisdiction may extend into private social settings, even where no abuse of power is proven, says Nick Brett at Brett Wilson.

Key Points From EU Proposals To Ease Securitization Rules
The European Commission’s recently proposed securitization framework amendments aim to relax existing rules, such as by reducing due diligence requirements and removing the need for investors to conduct certain prescribed compliance verifications by sponsors or original lenders, say lawyers at McDermott.

French Plans For Call-In Powers Signal More Merger Scrutiny
The French Competition Authority’s intention to draft a call-in mechanism for below-threshold transactions demonstrates a growing appetite to expand national investigation tools that will require a balance of effective control and legal certainty to reduce the burden on merging companies, say lawyers at Linklaters.
Return-To-Office Policy Considerations For UK Employers

As the Financial Conduct Authority reviews its hybrid working policy and other organizations increasingly require employees to return to the office, employers should weigh the costs and benefits of these decisions while considering the nuances of work-from-home rights in the U.K., say lawyers at Shoosmiths.
Series
Practice Leader Insights From V&E's David Berkery

David Berkery, head of aviation finance at Vinson & Elkins, discusses the challenges of striking an asset-backed securitization deal after the 2008 financial crisis rewrote the rules, why sustainable aviation goals need more government encouragement, and why young attorneys should focus on finding people they enjoy working with.
Irish Ruling Presents Road Map For Evaluating Jurisdiction

With its recent decision in Petersen Energia Inversora v. The Argentine Republic, the Dublin Commercial High Court has delivered a judgment of conspicuous clarity on the frontiers of Ireland's service-out jurisdiction for the recognition and enforcement of foreign judgments, says Josep Galvez at 4-5 Gray’s Inn.
How WTO's Anti-Suit Injunction Ruling Affects IP Stakeholders
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The World Trade Organization's recent ruling in favor of the European Union's challenge to Chinese courts' anti-suit injunction practices should hearten holders of standard-essential patents, while implementers can take solace that they retain mechanisms to distinguish the WTO decision when seeking anti-suit injunctions in U.S. courts, says Michael Franzinger at Dentons.
CMA App Store Mandates Fall Short Of Regulatory Ambitions

The Competition and Markets Authority's recent proposals to loosen Google and Apple’s mobile platform duopoly are a far cry from the assertive and wide-reaching interventions that advocates of the Digital Markets Unit had hoped to see from the new competition regulator, says Ronan Scanlan at Steptoe.
Catching Up On Simplified EU Sustainability Disclosure Rules

A recent proposal to streamline implementation of the EU’s Taxonomy Regulation contains measures that would reduce companies’ sustainable investment reporting and compliance requirements, and better support the EU’s climate and environmental goals, say lawyers at Proskauer.
Cos. Must Take Action As Corporate Enforcement Evolves

The Serious Fraud Office's renewed vigor toward proactive corporate enforcement, as evidenced by its recently affirmed commitment to collaboration with the U.S. on cross-border investigations, means that organizations must solidify their antibribery and corruption frameworks to remain ahead of fast-moving regulatory and legislative initiatives, say lawyers at Weil.
Series
Practice Leader Insights From Gibson Dunn's Sandy Bhogal

Sandy Bhogal, co-chair of Gibson Dunn's tax practice, discusses the challenges of working on a complicated restructuring during the financial crisis, the difficulty of dealing with rules that are adjusted by nonbinding guidance, and why tax lawyers need to know the law as well as they possibly can.
UK Reforms Investment Rules, But Clarity Concerns Remain

The U.K. government’s recent reforms to the National Security and Investment Act 2021 demonstrate a continuing pragmatic approach by requiring fewer deal filings, but the regime would benefit from more clarity in key areas, say lawyers at McDermott.
How Logo Confusion Ruling Expands TM Protection

The U.K. Supreme Court’s recent decision in Iconix v. Dream Pairs confirms that postsale confusion is actionable in trademark infringement claims, and also warns appellate courts to not rewrite lower courts' factual analyses, say lawyers at Morgan Lewis.
Fraud Law Puts Fund Managers Under Compliance Spotlight

The new failure to prevent fraud offense, effective Sept. 1, may not represent a material departure from most managers’ duties to exercise due care in preventing loss to the assets they manage, but the prospect of criminal liability should sharpen their compliance focus, says Andrew Henderson at Goodwin Procter.
CMA Pricing Guide Signals Shift In UK Consumer Protection

The Competition and Markets Authority’s recent draft price transparency guide, as part of a wider reform introduced by the Digital Markets, Competition and Consumers Act 2024, represents a significant change in U.K. consumer protection by targeting unfair trading practices and strengthening enforcement mechanisms, says Felicity Forward at Shoosmiths.
UK's 1st ICSID Claim Shows Bilateral Investment Treaty Reach

For the first time, the U.K. is facing a claim under the International Centre for Settlement of Investment Disputes Convention, underscoring the broader reality that treaty protections are no longer confined to investors in emerging markets, says Philipp Kurek at Signature Litigation.
8 Compliance Team Strategies To Support Business Agility

Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.
What To Note From FCA, Gov't Financial Growth Proposals

Recent Financial Conduct Authority and government proposals for financial services reform are positive developments for firms, signaling a drive to push forward growth and a willingness to be flexible in areas of regulation that the industry has long raised as barriers, say lawyers at Simmons & Simmons.
How Accessibility Act Is Reshaping EU Digital Compliance

In adding binding requirements to digital spaces, the recently enacted European Accessibility Act aims to harmonize rules and promote digital inclusion across the EU, a departure from earlier frameworks that relied on voluntary standards for businesses, say lawyers at Greenberg Traurig.
Exploring Key Features Of New Frankfurt Commercial Court

The recently established Frankfurt Commercial Court and Commercial Chambers, which offer proceedings in English and experienced commercial judges, are designed to handle complex, high-value and cross-border disputes, marking a significant step forward in the modernization of Germany's civil justice system, say attorneys at Gibson Dunn.
What Gov't Report Tells Lawyers About Continuing AML Risks

The U.K. government’s recent national money laundering risk assessment maintains conveyancing, company service work and misuse of client accounts as key threats, underscoring that law firms should expect renewed scrutiny and higher expectations in these high-risk areas, says Harriet Holmes at Thirdfort.
IP Considerations As UK Maintains Exhaustion Regime

The U.K. government's decision to keep its existing regime of exhaustion of intellectual property rights means IP owners should review their existing and new European distribution agreements to account for the different regimes in the U.K. and European Union, says Rebecca Anderson-Smith at Mewburn Ellis.
Russia Sanctions Spotlight: Strengthening Enforcement

The Office of Financial Sanctions Implementation’s proposed changes to its enforcement process by increasing monetary penalties, and introducing schemes to encourage cooperation, suggest that businesses should expect an expansion of financial sanctions enforcement, says Alexandra Melia at Steptoe.
Special Series

Practice Leader Insights
In this Law360 U.K. Expert Analysis series, leaders of employment, intellectual property, insurance and transactions practice groups share thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area.
Opinion
Further Anti-SLAPP Reform Is Needed To Protect Free Speech
New provisions aimed at combating strategic lawsuits against public participation recently came into effect in the U.K., but in applying only to economic crime-related information, the definition of a SLAPP is too narrow to prevent instigators bringing claims to silence public criticism, says Sadie Whittam at Lancaster University.
Managers' Expanded Corp. Liability Proposal Is Too Vague
The Crime and Policing Bill 2025, currently under consideration by the House of Lords, implements a dramatic expansion of managers’ corporate liability in ambiguous provisions that may lead only to cumbersome and unintended consequences for companies, says Vanessa Reid at Corker Binning.