Expert Analysis

• Examining The State Of Paccar Fixes After General Election

  

  Following the U.K. Supreme Court's Paccar decision last year, which made many litigation funding agreements for opt-out collective actions in the Competition Appeal Tribunal unenforceable, the judiciary will likely take charge in implementing any fixes — but the general election has created uncertainty, says Ben Knowles at Clyde & Co.

• EU Reports Signal Greenwashing Focus For Financial Sector

  

  Reports from the European Supervisory Authorities on enforcement of sustainability information, plus related guidance issued by the European Securities and Markets Authority, represent a fundamental change in how businesses must operate to maintain integrity and public trust, say Amilcare Sada and Matteo Fanton at A&O Shearman.

• GDPR 6 Years On: Key Points From EU Report

  

  The European Commission’s recent report on the General Data Protection Regulation is clearly positive, concluding that it has brought benefits to both individuals and businesses, but stakeholders are still awaiting essential guidelines on scientific research and important business concerns remain, say Thibaut D'hulst and Malik Aouadi at Van Bael & Bellis.

• Opinion

  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.

• Embedding Consumer Duty: 6 Areas Firms Should Prioritize

  

  The Financial Conduct Authority has repeatedly emphasized that complying with the Consumer Duty is not a tick-box exercise but an ongoing responsibility, so firms need to show that the duty is at the heart of their practices by staying compliant in areas from cultural change to customer vulnerability, say Nicola Higgs and Becky Critchley at Latham.

• 2 UK Rulings Highlight Persistent Push Payment Fraud Issues

  

  Two recent High Court decisions, Larsson v. Revolut and Terna DOO v. Revolut, demonstrate that authorized push payment fraud continues to cause headaches for consumers and financial institutions alike, and with forthcoming mandatory reimbursement requirements, more APP fraud litigation can be expected, say lawyers at Charles Russell.

• Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

  

  The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

• What Labour Has In Mind For UK Data Protection Law Reform

  

  The U.K.'s new Labour government is indicating that it will strengthen the country's cybersecurity regime, and introduce artificial intelligence legislation similar to that of the European Union, in an attempt to further reform data protection law and harness the power of data for economic growth, says Victoria Hordern at Taylor Wessing.

• ECJ Cartel Damages Rulings Are Wins For Multinational Cos.

  

  Two decisions from the European Court of Justice last month clarifying the limits of the single economic unit doctrine in cartel damages proceedings will help multinational companies anticipate and prepare for litigation within a narrower band of possible jurisdictions, say lawyers at Linklaters.

• Takeaways From EU's 'Pay Or Consent' Advertising Probe

  

  Anne-Gabrielle Haie and Charles Whiddington at Steptoe examine key points from the European Commission's recent investigation into Big Tech's use of "pay or consent" advertising models, as well as the European Data Protection Board’s opinion on how such models can comply with EU competition and data protection laws.

• Why NCA's 1st Seizure Of Sanctioned Funds Is Significant

  

  The National Crime Agency’s recently secured forfeiture of a Russian oligarch's sanctioned funds was a landmark achievement, and is particularly notable because it was made under the Proceeds of Crime Act, illustrating how U.K. authorities can coordinate their respective powers to confiscate assets, says Lindsey Cullen at WilmerHale.

• UK Judgment Could Change Anti-Money Laundering Regimes

  

  After the Court of Appeal of England and Wales' determination that criminal property remains criminal property in the hands of its purchaser even if purchased at market value, many businesses could face a new or heightened risk of prosecution for criminality in their supply chains and related money laundering offenses, say lawyers at Macfarlanes.

• Takeaways From First EU Foreign Subsidy M&A Investigation

  

  The European Commission's recent investigation into Emirates Telecommunications' proposed acquisition of PPF Telecom is the first in-depth investigation of an M&A deal under the Foreign Subsidies Regulation, demonstrating that the regulation can have real consequences in practice that companies must consider at the outset of large transactions, says Matthew Hall at McGuireWoods.

• Takeaways From New FCA Rules On Research Payments

  

  The Financial Conduct Authority’s recently published final rules on payment optionality for investment research, which involve a client disclosure obligation option, will be welcome news for U.K. managers who buy investment research from U.S. brokers, and for global asset management groups, says Anna Maleva-Otto at Schulte Roth.

• How Digital Markets Act Will Enhance Consumer Protections

  

  The Digital Markets Act represents a major shift in U.K. competition and consumer protection law by introducing a new regulatory regime for large digital firms, and by giving the Competition and Markets Authority broader merger investigation powers and a wider enforcement remit for online activities, say lawyers at Cooley.