UK Expert Analysis


Decoding Arbitral Disputes: Award Enforcement Is Just Step 1

In Qatar National Bank v. South Sudan and Bank of South Sudan, a D.C. federal court recently confirmed a $1 billion arbitral award, but the judgment itself remains only the entrance to the asset-recovery exercise, says Josep Galvez at 4-5 Gray's Inn Square.


UK Top Court Eases Creditors' Path To Enforcing Foreign Debt

The recent U.K. Supreme Court ruling in Drelle v. Servis-Terminal that an unrecognized and unregistrable foreign judgment may found a bankruptcy petition presents a real risk for debtors, who could find themselves facing insolvency proceedings with very little warning, say lawyers at Dechert.


NYDFS Swedbank Order Offers Lessons On Candor

The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.


Int'l Arbitration Can Serve As Critical Tool In Hormuz Crisis

As the closure of the Strait of Hormuz continues to severely disrupt global commercial navigation, companies should understand the key claims likely to arise in emergency and expedited arbitration procedures — including force majeure, breach of contract and pricing disputes — and the contractual safeguards and protective measures to consider, say lawyers at McDermott.


Series

Practice Leader Insights From Broadfield's James Duncan

James Duncan, Broadfield's head of U.K. funds, discusses how his journey to team leadership has had more twists than a Netflix thriller, how Brexit created a labyrinth of compliance, and why lawyers who thrive will be the ones who see change as both a challenge and an opportunity.


Despite Acquittal, Gallery Case Warns Of UK Sanctions Risk

Although art gallery Hauser & Wirth was able to defeat criminal charges of breaching the U.K. Russia sanctions regime, the ruling illustrates that prosecution for those operating in high-value international markets is a real-world risk, say lawyers at Fieldfisher.


Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.


Saxon Woods Ruling Clarifies Directors' Duty Of Good Faith

The U.K. Supreme Court’s recent landmark judgment in Saxon Woods sends a clear message to businesses that a director's conduct must withstand objective scrutiny, affirming that even if an individual believes they are acting in the company's best interests, they cannot deceive fellow board members, says Richard Clayman at Kingsley Napley.


Sanctions Spotlight: Rise Of Trade Measures In The UK

With HM Revenue & Customs' recent settlement with Petrofac marking the first public naming of a company for breaches of U.K. trade sanctions, and regulators demonstrating an increasing emphasis on systems and controls, there is clearly a more complex landscape evolving that businesses need to navigate, says Alexandra Melia at Steptoe.


Entain Ruling Offers Parties Key E-File Guidance

The U.K. Commercial Court’s recent decision in Various Claimants v. Entain PLC provides guidance for the first time for those navigating a court document filing pilot scheme, offering a practical template for parties to litigation involving sensitive issues by balancing transparency obligations with legitimate confidentiality concerns, say lawyers at HSFK.


Series

Practice Leader Insights From Mayer Brown's Ronan Mellon

Ronan Mellon, Mayer Brown's finance office practice lead, discusses how working in the City is like a parallel universe to growing up in rural Ireland, the challenges of working on a bond refinancing with a highly complex escrow arrangement, and why he is a fan of client secondments for junior lawyers.


BlueCrest Decision Tightens Test For LLP Tax Treatment

The U.K. Supreme Court’s recent judgment in HMRC v. BlueCrest Capital Management clarifies the tax framework for assessing whether limited liability partnership members are genuinely operating as partners or should be treated as employees, which is likely to be significant far beyond the hedge fund sector, say lawyers at Stewarts Law.


Patent Dispute Takeaways From Ruling In Kodak Appeal

The Unified Patent Court’s recent appeal decision in Kodak v. Fujifilm, confirming that the UPC may exercise jurisdiction over non-UPC patent designations, creates opportunities for patentees to pursue claims involving both UPC and non-UPC designations before a single forum, say lawyers at Morgan Lewis.


EU Ruling Creates Clear Separation Of Sanctions, AML Risks

A recent ruling from the Court of Justice of the European Union bars banks from automatically denying basic payment accounts based on U.S. sanctions listings, emphasizing the distinction between sanctions and money laundering risks while preserving significant discretion following individualized assessments, says Vaïk Müller at CMS.


How Employers Can Prep For EU Pay Transparency Directive

Although most EU member states failed to implement the Pay Transparency Directive by the June deadline, employers should take steps to address the overarching requirements, as compliance obligations could come into force quickly and with little advance notice, say lawyers at Morgan Lewis.


Series

Practice Leader Insights From Covington's Louise Freeman

Louise Freeman, Covington's co-chair of commercial litigation, discusses how she combines a longer-term outlook with a fast-paced approach, the challenges of representing clients from six different jurisdictions, and why junior lawyers need to be ready to adapt and pivot to where the work is.


FCA Letter Highlights Football Clubs' Crypto Deal Risks

The Financial Conduct Authority’s recent warning to Premier League football clubs about sponsorship arrangements with unauthorized crypto-asset businesses demonstrates its concerns over unlawful financial promotions and anti-money laundering compliance failures, both of which run the risk of significant reputational damage and criminal prosecution, says Sushil Kuner at Freeths.


A Practical Guide To Key Changes In ICC Int'l Arbitration Rules

The International Chamber of Commerce’s recently revised arbitration rules, while not a seismic reset, create a coherent set of practical reforms focused on streamlining the process to parties’ needs, sending the message that preparation and strategic clarity will be rewarded, say lawyers at White & Case.


Germany IP Rulings Clarify 'Willing' SEP Licensee Analysis

In light of a series of judgments from a German regional court and the Unified Patent Court, U.S. entities and their counsel should keep pace with the willing licensee standard developing abroad, as standard essential patent and fair, reasonable and nondiscriminatory licensing disputes have become cross-border campaigns, say attorneys at Fish & Richardson.


Key Points For Cos. To Note When Replacing Their GCs

While it may seem beneficial for general counsel to hire their own successor, firms should instead regularly assess succession plans to ensure that they remain aligned with organizational goals, and foster an environment that values innovation and fresh perspectives to ensure a more impartial process, says Jerry Temko at Major Lindsey.



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Special Series


Practice Leader Insights

Practice group leaders share thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area in this Expert Analysis series.




Opinion


Collective Action Reform Can Save UK Court System

The crumbling foundations of Britain’s legal system require innovative solutions, such as investment in institutional infrastructure to reduce court backlogs, a widening of the Competition Appeal Tribunal’s remit and legislative clarity over litigation funding underpinning collective actions, says Neil Purslow at the International Legal Finance Association.

New US-UK Tech Deal Offers Opportunities To Boost Growth

The recently announced U.S. and U.K. Technology Prosperity Deal, encouraging businesses on both sides of the Atlantic to work together toward technological advance, will drive both investment in U.K. capabilities and returns for U.S. investors, says Peter Watts at Hogan Lovells.