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UK Expert Analysis
How EU Reforms May Affect Copyright, AI Balance
The European Parliament’s recently proposed resolution calling on the European Commission to address the intersection between copyright and generative artificial intelligence will have implications for companies developing technology, whose compliance costs will soar, and rights holders, for whom great opportunities may lie ahead, says Pasquale Tammaro at BonelliErede.
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 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.
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.
Digital Assets Act Allows Courts To Cater For New Tech
The recently enforced Property (Digital Assets etc) Act confirms in law that digital assets can be recognized as personal property, while leaving intentional gaps, which allow courts the flexibility to adapt traditional legal rules to new innovative technology, say lawyers at Dechert.
Winter Olympics Put The Spotlight On IP Issues
This year's Winter Olympics generated a handful of intellectual property controversies that highlight the key considerations that should be kept in mind when using creative works at sporting events, says attorneys at Squire Patton.
UK Top Court Clarifies Time Limit Issue In Shareholder Claims
The long-awaited U.K. Supreme Court decision in THG PLC v. Zedra Trust confirms that even historical acts can be remedied without a firm limitation date by allowing courts to order appropriate relief for unfairly prejudicial conduct, which will be welcomed by both petitioners and respondents, say lawyers at Stewarts.
What EU Cybersecurity Proposals Could Mean For Tech Cos.
The European Commission’s recent proposals for further communication technologies regulation via the Cybersecurity Act 2 and Digital Networks Act signify a substantive shift in how the European Union expects digital services, infrastructure and supply chains to function in an era of intensifying geopolitical risk, say lawyers at Akin.
Series
Practice Leader Insights From Jones Day's Vica Irani
Vica Irani, co-leader of Jones Day's corporate practice, discusses the challenges of assisting a multinational client with divesting its Russian operations at the onset of the Russia-Ukraine war, why greater harmonization across borders would be beneficial, and the increase in regulatory scrutiny for deals in terms of antitrust and foreign direct investment screening.
Crypto-Asset Market Downturn Is Driving Litigation Risk
Recent volatility in the crypto-asset market has placed a strain on balance sheets and laid bare weaknesses that may have been overlooked during more stable periods, increasing the risk for disputes over whether procedures or enforcement have been carried out correctly, say lawyers at Kennedys.
Decoding Arbitral Disputes: UK Top Court On State Immunity
The U.K. Supreme Court's recent ruling denying Spain's and Zimbabwe's bids to escape arbitration awards using state immunity claims provides significant clarification of the relationship between sovereign immunity and the International Centre for Settlement of Investment Disputes system, and reinforces the finality and enforceability of ICSID awards, says Josep Galvez at 4-5 Gray's Inn.
FCA's £44M Nationwide Fine Highlights AML Control Gaps
The Financial Conduct Authority’s recent £44 million fine of Nationwide Building Society for anti-money laundering control failures demonstrates that where a firm does not implement appropriate policies and remediation projects, there is a risk that noncompliance will remain unaddressed, say lawyers at Taylor Wessing.
Why SRA Is Cracking Down On 'No Win, No Fee' Law Firms
Harriet Gamper at the Solicitors Regulation Authority discusses the regulator’s recent warning notice concerning "no win, no fee" arrangements in high-volume consumer claims, aimed at offering lawyers clarity in understanding their obligations following findings that many law firms were failing in their duty to protect clients' best interests.
Why UK Criminal Court Changes Need To Be Systemic
The proposals in the second part of Brian Leveson's long-anticipated independent review of criminal courts, aimed at easing pressure on the criminal justice system and restoring public confidence, are broadly welcomed, but without structural change and sustained funding, they risk becoming little more than temporary fixes, says Vicky Lankester at Brett Wilson.
What Brazil's Adequacy Status Will Mean For EU Data Flow
The European Commission’s recent historic decision to grant full adequacy status to Brazil for personal data transfers removes a significant compliance burden for organizations and offers an opportunity to simplify transfer mechanisms, positioning Brazil as a major gateway for EU-Latin America data flows, say lawyers at Gibson Dunn.
Series
Practice Leader Insights From Stewarts' Aaron Le Marquer
Aaron Le Marquer, Stewarts' head of insurance, discusses the challenges of conducting defamation proceedings in Thailand, why the minimal impact of the Insurance Act 2015 is disappointing, and how working in diverse environments provides a more holistic understanding of the way insurance works.
How UK Securitization Reforms Will Affect Industry
The Prudential Regulation Authority’s recent proposals to reform securitization requirements will offer greater structuring flexibility, reduced operational complexity and lower compliance costs, although with the rationale for imposing stand-alone obligations on institutional investors not clear, dissenting voices are likely, say lawyers at Skadden.
How EU Reforms May Affect Copyright, AI Balance
The European Parliament’s recently proposed resolution calling on the European Commission to address the intersection between copyright and generative artificial intelligence will have implications for companies developing technology, whose compliance costs will soar, and rights holders, for whom great opportunities may lie ahead, says Pasquale Tammaro at BonelliErede.
FCA's HTX Action Shows Crypto Ad Rules Must Be Followed
The Financial Conduct Authority’s London High Court action against global crypto-exchange HTX for illegally promoting its services to U.K. consumers sends the message that it will pursue those who flout the rules from a distance and will be key in testing the extent of the U.K.’s regulatory perimeter, says Nick Barnard at Corker Binning.
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.
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.