Expert Analysis


Online Safety Act Heightens Duties Of Social Media Platforms

The Office of Communications’ latest update on how it is implementing the Online Safety Act is part of a wider evolving debate, but while social media platforms wait for the law to take full effect, they can focus on establishing clear online safety policies, training programs for staff and proactive engagement with regulators, says Dan Adams at Arbor Law.


Employer Tips For Avoiding Unlawful Age Discrimination

A recent study shows that despite legal protections, age discrimination remains a significant, often overlooked challenge in the U.K. labor market, meaning employers should make age a key focus of their diversity and inclusion initiatives in order to minimize risks of liability and reputational damage, says Daniel Stander at Vedder Price.


Gov't Fraud Prevention Guide Proves To Be A Damp Squib

The Home Office’s recent guide to the Economic Crime Act’s failure to prevent fraud offense goes little further than offering broad suggestions, signaling the Serious Fraud Office’s encouragement of companies to self-police rather than an intention to pursue fraud allegations to trial, say lawyers at BCL Solicitors.


When Investigating An Adversary, Be Wary Of Forged Records

Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.


EU Enviro Directive Compliance Must Be A Priority For CEOs

The new European Union Environmental Crime Directive makes clear that criminal liability of a company for causing environmental damage does not preclude proceedings being brought against individuals who aid and abet, including CEOs, board members and other corporate leaders, say lawyers at Crowell & Moring.


New Offense Expands Liability For Corporate Enviro Fraud

The Economic Crime Act's new corporate fraud offense — for which the Home Office recently released guidance — underscores the U.K.'s commitment to hold companies accountable on environmental grounds, and in lowering the bar for establishing liability, offers claimants a wider set of tools to wield against multinational entities, say lawyers at Bracewell.


CMA Heat Maps Call Attention To Warning Letters

The Competition and Markets Authority's first heat maps illustrating the location of warning letters sent to businesses are intended to increase awareness of the letters, and provide new information that reflects distribution and density across the U.K., says Matthew Hall at McGuireWoods.


What UK Security Act Report Indicates For Future Gov't Policy

Following the recent publication of the National Security and Investment Act report on the scrutiny of proposed investments, it will be interesting to see how the act’s powers fit into a government policy that plans to cut regulatory obstacles, while maintaining a hard line on national security, say lawyers at Katten Muchin.


What UK Takeover Code's Narrowed Focus Will Mean For Cos.

In narrowing its scope of application, the U.K. Takeover Panel's forthcoming amended code will have practical implications for U.K.-registered companies and ultimately provide greater market clarity and certainty, say lawyers at Davis Polk.


Decoding Arbitral Disputes: State Immunity And ICSID Awards

In a landmark decision in cases involving Spain and Zimbabwe, the English Court of Appeal grappled with the intersection of state immunity and the enforcement of arbitration awards, setting a precedent for future disputes involving sovereign entities in the U.K, says Josep Galvez at 4-5 Gray's Inn.


Examining UK And EU Approaches To Sanctions Enforcement

In light of the Financial Conduct Authority’s recent £28.9 million fine of Starling Bank for its lax sanctions screening processes, businesses should understand both the U.K.’s and the European Union’s enforcement approaches, the larger sanctions landscape and the importance of cooperation, says Angelika Hellweger at Rahman Ravelli.


Pros And Cons Of Nonequity Partnership For English Firms

With Cleary recently announcing a new nonequity partner category, it is an opportune time for firms governed by English law to examine the advantages and disadvantages of this position from the perspective of both the firm and the lawyer, says John Gould at Russell-Cooke.


M&A Takeaways From 1st EU Foreign Subsidies Merger Ruling

The European Commission’s recent decision on the merger between e& and PFF Telecom is the first to approve a transaction subject to commitments under the Foreign Subsidies Regulation, serving as a helpful guide by confirming that behavioral measures ring-fencing EU activities from the potential effect of third-country subsidies are acceptable, say lawyers at Cleary.


The EU Design System Changes US Cos. Need To Know About

With a number of major reforms to the European Union's design protection system set to take effect in the first half of 2025, U.S. companies need to stay informed about specific details to maintain effective intellectual property management in the EU market, say lawyers at Finnegan.


What New Int'l Treaty Means For Global AI Regulation

Lawyers at Bird & Bird consider how global artificial intelligence regulation will be affected by the first international AI treaty recently signed by the U.S., EU and U.K., as well as its implications for business and several issues that stakeholders should be aware of.


Factors Driving EU Competition Policy For The Next 5 Years

Teresa Ribera Rodríguez’s recent nomination as the new European Union commissioner for competition prompts questions about policy and enforcement, with goals to enhance competition in business, implement stronger and faster enforcement, and promote and fund decarbonization likely in her sights during a five-year term, say lawyers at Linklaters.


Inside The Premier League's Financial Regulation Dilemma

The Premier League's arbitration award in its dispute with Manchester City Football Club has raised significant financial governance concerns in English football, and a resolution may set a precedent in regulatory development, say consultants at Secretariat.


Global Law Firms: The Challenge Of Where To Do Business

As the world becomes less predictable and operational risks present greater challenges, global law firms must contend with a range of pressures, yet financial considerations still drive much of the process when deciding where to plant a flag, say Bethaney Durkin and Liam McCafferty at Byfield Consultancy.


What UK Procurement Act Delay Will Mean For Stakeholders

The Procurement Act 2023’s delay until February 2025 has sparked debate among contracting authorities and suppliers, and the Labour Party’s preference for a broader reform package demonstrates the challenges involved in implementing legislative changes where there is a change in government, say lawyers at Shoosmiths.


2 Highlights From Labour's Notable Employment Rights Bill

The Labour government’s recently unveiled Employment Rights Bill marks the start of a generational shift in U.K. employment law, and its updates to unfair dismissal rights and restrictions on fire-and-rehire tactics are of particular note, say lawyers at Covington.



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Special Series


PR Perspectives

As the importance of law firm public relations continues to grow and the role of communications teams evolves, in this Expert Analysis series PR professionals discuss lawyer media relations, reputation management and more.




Opinion


Why The UK Gov't Should Commit To An Anti-SLAPP Law

Recent libel cases against journalists demonstrate how the English court system can be potentially misused through strategic lawsuits against public participation, underscoring the need for a robust statutory mechanism for early dismissal of unmeritorious claims, says Nadia Tymkiw at RPC.

Without Change, Fighting Fraud Is A Losing Battle For The UK

To successfully fight fraud cases in the U.K. — like the Russian Coms scam recently shut down by the National Crime Agency — it is clear there needs to be significant investment in recruiting and training expert investigators, and meaningful engagement between the country’s intelligence platforms, says Anthony Hanratty at Howard Kennedy.



Access to Justice Perspectives


Finding A Path Forward To Regulate The Legal Industry

Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.





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