UK Expert Analysis


Series

Practice Leader Insights From Skadden's Deborah Kirk

Deborah Kirk, Skadden's head of intellectual property and technology, discusses the challenges of cross-disciplinary collaboration on a transaction, how the proliferation of artificial intelligence is forcing clients to rethink their IP and data strategies, and why flexibility, curiosity and dynamism are key as a lawyer.


UK Territories May Yet Prevail On Ownership Disclosure

Despite its recently launched anti-corruption strategy, the U.K. government appears to have little appetite in the short term to impose fully public ownership registers on the overseas territories, a position that will be welcomed by advisers and individuals, says Rupert Cullen at Allectus Law


Striking A Balance Between AI Innovation And Regulation

The Financial Conduct Authority's recent consultation on the impact of artificial intelligence on financial services highlights the debate between regulators, the government and industry over whether current regulatory frameworks can balance innovation with risk management, say lawyers at Womble Bond.


New Foreign Bribery Guide Can Help Int'l Cos. Identify Risks

In light of growing global coordination on anti-bribery enforcement, the International Foreign Bribery Taskforce’s recent guide to foreign bribery indicators represents a step forward in the standardization of factors for evaluating corruption risks that multinational companies should consider, say lawyers at Paul Weiss.


FCA Enforcement Newsletter Reflects Shift Toward Openness

The Financial Conduct Authority’s inaugural Enforcement Watch newsletter provides clarity on the cases the regulator is opening and highlights its approach to early communication of enforcement activity, offering a welcome insight into its emerging priorities, says David Hamilton at Howard Kennedy.


Series

Practice Leader Insights From Stewarts' Joseph Lappin

Joseph Lappin, head of employment at Stewarts, discusses the challenges of representing barristers with very high IQs, how the employment tribunal system is crying out for proper investment, and the Financial Conduct Authority's inconsistent approach to nonfinancial misconduct.


Preparing For Fund Managers Directive 2 Compliance

With the Alternative Investment Fund Managers Directive 2 implementation deadline fast approaching, fund managers should be in the final stages of preparing to comply with changes in governance, policies and documents relating to liquidity management and loan origination activities, say lawyers at McDermott.


FCA's Investment Regime May Prove A Double-Edged Sword

The Financial Conduct Authority’s final rules on consumer composite investments intend to support retail investors in making more informed decisions while affording firms greater flexibility, but continuing with opaque methodologies will require greater operational and compliance effort in the short term, say lawyers at Fried Frank.


How UK Gov't Proposes To Streamline CMA Regime

The Department for Business and Trade’s planned overhaul of the Competition Market Authority’s regime will introduce a series of targeted procedural changes aimed at improving efficiency and engagement, raising questions around procedural safeguards and jurisdictional thresholds, say lawyers at Baker Botts.


Decoding Arbitral Disputes: US Cert Denial And EU Strategy

The U.S. Supreme Court recently denied certiorari in Russia v. Hulley Enterprises, leaving in place the D.C. Circuit's opinion supporting jurisdiction in the $50 billion arbitration award challenge, and intensifying litigation exposure for the European Union's strategy of contesting the enforceability of intra-EU awards abroad, says Josep Galvez at 4-5 Gray's Inn.


Examining EU Data Watchdog's E-Commerce Account Guide

Lawyers at Gibson Dunn take a look at the European Data Protection Board’s recently adopted recommendations regarding the mandatory creation of user accounts on e-commerce websites, and address the regulator's assessment of when they may be justified under the General Data Protection Regulation.


EU AI Act Conformity Key For Cos. Despite Enforcement Delay

The European Data Protection Board-European Data Protection Supervisor’s recent joint opinion, posted in response to the European Commission’s proposal to delay EU Artificial Intelligence Act implementation, captures some of the core worries raised that postponement may affect fundamental rights protections and further undermine legal certainty, say lawyers at ZwillGen.


Series

Practice Leader Insights From Jones Day's Anna Cartwright

Anna Cartwright, co-head of Jones Day's real estate practice, discusses the challenges of working on a transaction requiring regulatory expertise from multiple regions, why new regulatory complexities in the real assets sector can introduce risks for clients, and how the convergence of real estate and infrastructure is playing out in asset managers' investment decisions.


EU Foreign Subsidies Guide Brings Clarity And Questions

The European Commission’s long-awaited EU Foreign Subsidies Regulation guidelines provide helpful clarifications for companies, but with many areas remaining broadly framed, uncertainty may continue to deter investments and increase the compliance burden on organizations, say lawyers at Hogan Lovells.


USPTO Initiatives May Bolster SEP Litigation In The US

The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.


FRC Audit Proposals Reaffirm Support For Economic Growth

The Financial Report Council’s recent proposals to prioritize audit enforcement, supervision and market reform will reward audit firms that self-police and proactively admit auditing standard breaches, signaling its aims to change the market landscape and encourage investment, say lawyers at RPC.


How FCA's Client Reforms May Boost Investment Access

The Financial Conduct Authority’s recent proposals to reform the professional client categorization regime and simplify conflicts of interest rules are likely to be welcomed, although firms will need to navigate the increased responsibility that comes with greater flexibility, say lawyers at Skadden.


UK Banks Are Favoring Tokenized Deposits Over Stablecoins

Lloyds Banking's recent purchase of gilt with tokenized deposits is an example of banks' preference for the instrument over stablecoins, which present uncertainty by demanding compliance with multiple conduct regimes, says Dan Jones at MoFo.


Irish Consumer Law Proposals Expose Concerns Over Privacy

The Irish government’s recent proposals to amend and clarify competition and consumer law would allow new investigative powers and greater financial sanctions, leading to concerns from businesses whether the benefits outweigh the privacy risks, says Kate McKenna at Matheson.


Series

Practice Leader Insights: Kingsley Napley's Corinne Aldridge

Corinne Aldridge, head of employment at Kingsley Napley, discusses the challenges of leading a transaction requiring local employment law advice from multiple jurisdictions, how the perception of workplace conduct has changed dramatically in recent years, and why people skills and empathy are key in her field.



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Special Series


Practice Leader Insights

This year, 42 leaders of employment, intellectual property, insurance and transactions practice groups shared thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area.




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.