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UK Expert Analysis

Viral Comms Crises Create Dual Corp. Governance Threats
As legislative hearings increase in frequency and social media fuels their reputational impact, corporate legal teams face a new dual challenge that reflects a fundamental shift in accountability and demands new strategies, governance frameworks and organizational capabilities, says Joanna Ludlam at Jenner & Block.

A Softer Tack For Online Ads Marks Next Step In Data Reform
While the initiative of the U.K. Information Commissioner's Office to relax enforcement of advertising cookie consent represents a welcome attempt to balance privacy protection and commercial realities, several questions remain that will limit companies' ability to benefit from the U.K. proposals, say lawyers at Skadden.

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.
Supreme Court Ruling Stands Firm On Trust Law Principles

The U.K. Supreme Court’s recent strict application of trust law in Stevens v. Hotel Portfolio may render it more difficult for lawyers in future cases to make arguments based on a holistic assessment of the facts, says Olivia Retter at Quinn Emanuel.
High Court Freezing Order Ruling Highlights Strict CPR Rules

The recent High Court decision in AAA v. BBB to set aside an expired worldwide freezing order serves as a reminder to injunctive relief practitioners that rules are there to be followed, and that it is critical to adhere to timings, say lawyers at Greenberg Traurig.
Series
Practice Leader Insights From Forbes' Kella Bowers

Kella Bowers, head of insurance at Forbes, discusses the challenges of balancing the needs of the people and institutions involved in child sexual abuse exploitation cases, why a preaction protocol for abuse work is needed, and how insurance law can enable lawyers to work on many hard-hitting issues.
FCA's Woodford Fine Sends Warning To Fund Managers

The Financial Conduct Authority’s recent decisions concerning Neil Woodford and the collapse of Woodford Investment Management mark an important moment for the U.K. investment industry, underscoring the regulator's focus on senior managers' personal accountability and the importance of putting investors’ interests at the heart of decision-making, say lawyers at Irwin Mitchell.
AI Risks Legal Sector Must Consider In Dispute Resolution

Artificial intelligence presents significant opportunities to lawyers and decision-makers navigating increasingly data-heavy legal proceedings, but two recent cases provide a sobering reminder of the potential for misuse, say lawyers at White & Case.
How Data Use Act Tightens Complaint Handling Procedures

Recently effective Data Use Act procedural requirements are coinciding with an artificial intelligence-driven increase in complaints from users about data subject access request responses, so organizations need to formalize their grievance process to prevent intervention by the Information Commissioner's Office and potential penalties, say lawyers at Womble Bond.
UK Supreme Court Dissent May Spark Sanctions Debate

While the recent U.K. Supreme Court's rejection of Eugene Shvidler’s appeal determined that sanctions decisions are primarily the government’s preserve, Justice Leggatt’s dissenting view that judges are better placed to assess proportionality will cause ripples and may mark a material shift in how future appeals are approached, say lawyers at Seladore.
Series
Practice Leader Insights: Harbottle & Lewis' Yvonne Gallagher

Yvonne Gallagher, head of employment at Harbottle & Lewis, discusses the challenges of dealing with clients' emotions, the significance of the widening scope for discrimination disputes, and why junior lawyers should focus on learning the basic contractual and statutory principles of employment law.
What EBA Report Means For Non-EU Financial Firms

In a recent report concerning unregulated third country banks, the European Banking Authority decided not to extend a bank-to-bank exemption under the Capital Requirements Directive, raising a number of compliance issues for cross-border services, say lawyers at A&O Shearman.
HMRC's Automation Shift Likely To Alter Tax Adviser Role

HM Revenue & Customs’ recently released digital transformation road map promises greater efficiency and a modernized compliance regime, but the increased automation could also mean that the tax adviser role will become more proactive and more defensive, say lawyers at RPC.
What UK's New Prosecution Guidance Means For Compliance

Recent guidance from the U.K.'s Serious Fraud Office and Crown Prosecution Service, aligning their approach with the Economic Crime and Corporate Transparency Act, offers a timely prompt for corporate boards and legal teams to update their risk management frameworks, say lawyers at Signature Litigation.
Between The Lines Of EPO's Adoption Of Color Drawings

The European Patent Office's decision to accept patent drawings in color starting in October may enhance clarity in technical disclosures and streamline the examination process, and could also enable new patent filing strategies for international applicants, say attorneys at Miller Canfield.
How Cos. Can Straddle US-UK Split On Work Misconduct, DEI

With U.K. regulators ordering employers to do more to prevent nonfinancial misconduct and discrimination, and President Donald Trump ordering the rollback of similar American protections, global organizations should prioritize establishing consistent workplace conduct frameworks to help balance their compliance obligations across the diverging jurisdictions, say lawyers at WilmerHale.
Viral Comms Crises Create Dual Corp. Governance Threats

As legislative hearings increase in frequency and social media fuels their reputational impact, corporate legal teams face a new dual challenge that reflects a fundamental shift in accountability and demands new strategies, governance frameworks and organizational capabilities, says Joanna Ludlam at Jenner & Block.
Decoding Arbitral Disputes: ICSID Enforcement In Australia

The Federal Court of Australia recently ruled for award creditors in Blasket Renewable Investments v. Spain in a judgment that explains how Australia's statute book operationalizes the promise of depoliticized enforcement under the International Centre for Settlement of Investment Disputes Convention while accommodating, without yielding to, the centrifugal forces of European Union law, says Josep Galvez at 4-5 Gray's Inn.
Series
Practice Leader Insights From Mishcon's Richard Leedham

Richard Leedham, head of the commercial litigation practice and insurance disputes team at Mishcon de Reya, discusses the challenges of coordinating a complex lawsuit during lockdown, why the remedy for damages for late insurance claim payments is practically worthless, and the importance of focusing on hard legal argument in class actions.
How AI May Have Made A Difference In Monzo Bank Breaches

Artificial intelligence tools have the capabilities needed to keep pace with increasingly sophisticated threats, and such tools might have helped prevent the anti-money laundering failures that led to the recent £21.1 million fine against Monzo Bank, says Alexander Vilardo at Howard Kennedy.
A Softer Tack For Online Ads Marks Next Step In Data Reform

While the initiative of the U.K. Information Commissioner's Office to relax enforcement of advertising cookie consent represents a welcome attempt to balance privacy protection and commercial realities, several questions remain that will limit companies' ability to benefit from the U.K. proposals, say lawyers at Skadden.
Charting A Course For The UK's Transition From Paper Shares

The recent report from the U.K.'s Digitisation Taskforce, recommending modernization of how shares in U.K.-listed companies are held, makes it clear that while moving from paper shares to an intermediated system is a positive step, the transition will not be without complications, say lawyers at HSF Kramer.
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.
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.