UK Expert Analysis


Navigating Int'l Laws To Protect Children In The Digital World

The European Commission’s recent request to online platforms for information on their measures to protect minors using their services is part of an intensifying focus on safeguarding children, and with an ever-growing worldwide maze of regulations, digital businesses should conduct a holistic assessment to minimize risks, says Anna Morgan at Bird & Bird.


EPO Referral May Shift Patent Description Amendment Rules

The European Patent Office’s recent referral G 1/25 to the Enlarged Board of Appeal seeks to offer clarification on inconsistencies concerning requirements for description amendments, which could bring a change in direction for the EPO that potentially harmonizes its prosecution process with those of other countries, say lawyers at Finnegan.


FCA Crypto Proposals Herald Tougher Oversight For Firms

The Financial Conduct Authority’s recent proposals to extend regulation to crypto-asset activities will bring parity, but implementation of the operational resilience requirements and enhanced financial crime controls will present compliance challenges, says Michelle Kirschner at Gibson Dunn.


Series

Practice Leader Insights From RPC's Patrick Brodie

Patrick Brodie, head of employment at RPC, discusses the challenges of working with government departments and National Health Service trusts to find common ground between competing interests, the increasing use of AI in recruitment and performance management, and why finding an exceptional mentor is so important.


EU Investment Reporting Rules Letup Signals Pragmatic Shift

While investment companies remain subject to far-reaching disclosure obligations under the Foreign Subsidies Regulation, new guidance from the European Commission on reporting passive limited partner commitments represents a drastic simplification and burden reduction, say lawyers at Paul Weiss.


SFO's 2-Year Transformation Signals Crackdown On Fraud

Two years after Nick Ephgrave’s appointment as director of the Serious Fraud Office, the introduction of new corporate criminal offenses and strengthened investigative methods sends a clear message to corporations that the agency is delivering on its promise to be bolder and more proactive about tackling fraud, say lawyers at BCL Solicitors.


How Illumina/Grail Is Affecting EU Merger Control 1 Year On

The landmark Illumina/Grail judgment a year ago limiting referral of below-threshold mergers to the European Commission has not left transactions unscrutinized, and for companies the days of straightforward merger filings analyses are over, say lawyers at Crowell & Moring.


What To Know About Interim Licenses In Global FRAND Cases

Recent U.K. court decisions have shaped a framework for interim licenses in global standard-essential patent disputes, under which parties can benefit from operating on temporary terms while a court determines the final fair, reasonable and nondiscriminatory terms — but the future of this developing remedy is in doubt, say attorneys at Fish & Richardson.


How EU And UK Consumer Loan Protections Are Shifting

As market evolution and digitalization motivate both the European Union and the U.K. to revamp consumer protections around lending, the potential for divergence between these rules will pose new challenges for cross-border consumer credit lenders, say lawyers at Skadden.


EBA Guidance Shakes Up EU Securitization Market Practices

Although the European Banking Authority’s recent questioning of the common use of conditional sale agreements to season assets when setting up securitizations has come as an unwelcome surprise, competent regulators are expected to follow the EBA guidance, even though as a Q&A response it is not legally binding, say lawyers at Debevoise.


Series

Practice Leader Insights From Baker Botts' Neil Coulson

Neil Coulson, chair of intellectual property at Baker Botts, discusses the challenges of tackling a patent litigation with a short timetable, the post-Brexit delineation between the European Union's and the U.K.'s approaches to trademark examination, and why it is important to be able to discourse with clients easily on technical topics.


Landmark VAT Ruling Should Shift HMRC Reply On Guidance

The recent decision in Hotelbeds Ltd. v. Revenue and Customs Commissioners on the recovery of input tax, confirming that HMRC is bound to comply with its own guidance, will make the agency rethink its usual response to allegations that the policy was not law, say lawyers at Kennedys.


EU Act Establishes Data Sharing Rules, But Hurdles Remain

The recently effective European Union Data Act provisions establish harmonized rules to unlock the use of data generated by technology-embedded software, but leave practical challenges that organizations will need to navigate to comply with cross-border requirements, say lawyers at King & Spalding.


Decoding Arbitral Disputes: Arbitrator's Conviction Upheld

The Supreme Court of Spain recently upheld the criminal conviction of arbitrator Gonzalo Stampa for grave disobedience to judicial authority, rejecting the proposition that an arbitrator's independence can prevail over a court order retroactively disabling the very judicial act conferring arbitral jurisdiction, says Josep Galvez at 4-5 Gray's Inn.


Reviewing EU Competition Policy 1 Year After Draghi's Report

Implementation of the Mario Draghi report’s proposals to revamp European Union competition policy is currently case-specific, making it less visible, and more needs to be done in the way of merger review and antitrust enforcement, say lawyers at Linklaters.


Series

Practice Leader Insights From Freshfields' Kathleen Healy

Kathleen Healy, partner in London and co-leader of Freshfields' people and reward practice in Asia, discusses the challenges of advising on employment and industrial relations during the financial crisis, why the employment tribunal system would benefit from additional funding, and how reforming noncompete clauses will create plenty of legal and practical issues.


Evolving General Partner Stakes Market Brings Opportunities

The rapid increase in investment in general partner stakes by private capital managers indicates its advantages over both strategic sales and initial public offerings, including the ability to retain greater operational control over the business and to avoid the scrutiny that accompanies a listing, says Nicholas Page at Macfarlanes.


How UK Proposal On Late Payments Could Affect SMEs

The U.K. government’s ongoing late payments consultation would claw back much-needed leverage for small and midsize enterprises negotiating with large organizations, should the reforms be implemented as proposed, say lawyers at Shoosmiths.


Waldorf Ruling Signals Recalibration For Restructuring Plans

The recent High Court landmark judgment refusing to sanction Waldorf Production PLC's restructuring plan underscores a change in the way courts assess whether such plans are fair, indicating not their demise but a pivotal moment in their evolution, say lawyers at Simpson Thacher.


5 Ways To Address The Legal Risks Of Employee AI Use

Employees’ use of unauthorized artificial intelligence tools has become a regulatory issue, and in-house legal counsel are best placed to close the gap between governance controls and innovation, mitigating the risk of organizations' exposure to noncompliance with European Union and U.K. data protection requirements, say lawyers at MoFo.



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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


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.

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.