Expert Analysis

• How The Law Must Change To Accommodate Digital Assets

  

  The Law Commission's recent report shows that the common law of England and Wales is well suited to adapt to digital assets, and with targeted statutory reform to unlock the possibility of recognizing property in intangible things, the U.K. can become an ideal hub for parties to transact with emerging technology, says Sarah Green at the commission.

• Copyright Trial Defense Tips From 'Thinking Out Loud' Case

  

  The twofold defense strategy that earned Ed Sheeran his recent "Thinking Out Loud" copyright trial victory revealed the strength of a musician's testimony, the importance of a consistent narrative and the power of public policy arguments when combating infringement claims, say Jonathan Phillips and Latrice Burks at Larson.

• UK Tribunal Ruling Sheds Light On Workplace Speech Issues

  

  The U.K. Employment Appeal Tribunal's recent judgment in Higgs v. Farmor's School — concerning a Christian employee dismissed for allegedly anti-LGBT social media posts — highlights factors that employers should consider in tricky situations involving employees' speech, says Anna Bond at Lewis Silkin.

• Leading THC Case Lends Support To UK Legalization Debates

  

  Even though the Court of Appeal's ruling in R v. Margiotta on legally importing and supplying low THC cannabis cannot be relied on post-Brexit, it provides powerful arguments for the legalization of supply in low THC cannabis, including the fact the product is not considered a narcotic drug, say Robert Jappie at Fieldfisher and Josh Normanton at Trinity Chambers.

• Employment Tribunal Data Offers Workplace Practice Insights

  

  A breakdown of the Ministry of Justice's recent Employment Tribunal figures shows shifting trends among employees, and potential challenges and possible improvement areas for employers, and if the data continues to be published, it could play an essential part in clearing the fast-growing backlog of tribunal matters, says Gemma Clark at Wright Hassall.

• Unpacking The Rwanda Policy Appeal Decision

  

  The Court of Appeal recently declared the U.K. government's Rwanda policy unlawful in AAA v. Secretary of State, but given that this was only on the basis that Rwanda is not currently a safe third country, it is possible that the real risk of Article 3 of the European Convention on Human Rights breaches will be obviated, says Alex Papasotiriou at Richmond Chambers.

• Getty Case Will Be Pivotal For Generative AI Copyright Issues

  

  The Getty v. Stability AI litigation in the U.K. and U.S. raises legal ambiguities on who owns generative artificial intelligence output, and the outcomes will set a major precedent on copyright practices for businesses in both countries and beyond, say Victoria Albrecht at Springbok AI and Mark O'Conor at DLA Piper.

• ESG Litigation May Move Toward Untrue Statement Claims

  

  As the environmental, social and governance agenda has gained significant momentum, and more activists and investors hold businesses accountable to their commitments, the Financial Services and Markets Act provides a legal vehicle for shareholders to exert pressure on listed companies, say Rupert Lewis and Ceri Morgan at Herbert Smith.

• What The Collective Interests Bill May Mean For Irish Litigation

  

  As multinational corporations continue to increase their presence in Ireland, the forthcoming Collective Interests of Consumers Bill is expected to significantly alter the Irish litigation landscape and provide fertile ground for consumer-led group actions, backed by a gradual edging toward wider third-party litigation funding reform, say lawyers at Kennedys.

• Successfully Implementing AI Rules Requires A Cultural Shift

  

  Recent positive use cases of artificial intelligence demonstrate the potential benefits it can bring to the legal profession, and while the development of AI rules is essential, their effectiveness depends on user adoption, behavioral change and human acceptance, say Charlie Morgan and Salman Dhalla at Herbert Smith.

• Recent Cases Mark Maturation Of CAT Class Cert. Approach

  

  The Competition Appeal Tribunal's recent refusal to grant collective proceedings applications against Visa and MasterCard in the Commercial and Interregional Card Claims case shows that the tribunal takes its role as a gatekeeper seriously, and that it will likely continue to be difficult for defendants to defeat certification first time around, say lawyers at Linklaters.

• Why The UK Needs Tougher Fraud Enforcement

  

  The Crown Court's recent conviction of Anthony Constantinou for running a Ponzi scheme is a rare success for prosecutors, highlighting the legal system's painfully slow course when it comes to complex fraud, and the need for significant funds and resources in the fight against financial crime, says James Clark at Quillon Law.

• Global M&A Outlook: Slow But Moving Along

  

  Global merger and acquisition markets had a tough start to the year, with inflation, rising interest rates and the Ukraine conflict knocking sentiment, but in the macroeconomic, deal makers have continued to unearth pockets of activity to keep deal volumes ticking over, say lawyers at White & Case.

• Emmentaler Case Elucidates Recipe For EU Food Trademarks

  

  In light of the EU General Court recently rejecting the Emmentaler cheese trademark application for lacking distinctive character and not meeting the geographical indication requirements, producers must ensure to protect their trade names before they become commercially generic, says Lars Karnoe at Potter Clarkson.

• Why Int'l Investors Should Keep An Eye On German M&A Regs

  

  While German reform proposals will digitize corporate law formalities that have long been immune to change, international limitations remain, particularly for countries outside the European Union, as Germany moves to tighten regulatory hurdles to control inbound investment, say Marcus Geiss and Sonja Ruttmann at Gibson Dunn.