Expert Analysis

• UK Case Shows Risks Of Taking Shortcuts In Fund Payments

  

  While the High Court recently reversed a decision in Floreat Investment Management v. Churchill, finding that investors routing funds into their own accounts was not dishonest, the case serves as a cautionary tale on the dangers of directing investment funds other than as contractually provided, say lawyers at Dechert.

• Growing EU Scrutiny Increases Hurdles For Foreign Investors

  

  The application of the EU Foreign Subsidies Regulation from July will bring further oversight to many large deals, and together with bolt-on strategies, foreign investment regulation and antitrust enforcement, financial sponsors will need to start planning for compliance to avoid potential delays, say Anna Mitchell and Neil Hoolihan at Linklaters.

• How Ambitious New EU Directive Seeks To Fight Corruption

  

  If enacted, the European Union’s recently proposed directive to combat corruption, with its substantive rules, specialized bodies and aim of raising public awareness, would form another milestone in the long-term creation of a genuine European criminal law system, say Katharina Humphrey and Andreas Dürr at Gibson Dunn.

• How The FCA Is Using Its New Powers To Make Changes

  

  The recent sentence of the former London Capital CEO is the latest development in the firm's scandal that prompted a damning report on the Financial Conduct Authority's regulatory conduct, leading the regulator to much soul-searching and a continuing clamp down on firms that misuse their approvals, says Ben Rees at Keller Postman.

• How The US And UK Differ On Crypto Regulation

  

  While the U.K. and U.S. share strong economic ties, their approaches to crypto regulation differ wildly, with the U.K. setting bespoke rules through legislation and the U.S. taking a fragmented, and arguably hostile, approach to regulating crypto-assets, most often happening through enforcement, say attorneys at BCLP.

• Judicial Review Lessons From Financial Ombudsman Case

  

  Even though the judicial review claim was dismissed in the recent High Court decision Shawbrook Bank v. Financial Ombudsman Service, it has important legal and practical takeaways for lenders who can obtain real value by challenging FOS decisions, say lawyers at Linklaters.

• Understanding ESG Considerations In Social Lending

  

  In light of recent updates to sustainable finance guidance by loan market associations, lenders should ensure they request compliance information for projects intended to provide social benefits in order to encourage borrowers to hold environmental, social and corporate governance factors as a priority, says Jasmine Robinson at Taylor Wessing.

• How To Approach Different Data Types In E-Disclosure Matters

  

  The High Court's recent decision in Terre Neuve v. Yewdale highlights the importance of practitioners adequately approaching e-disclosure obligations, including understanding their data landscapes and the nuances of different data types, say Fiona Campbell at Fieldfisher and Alejandro Gomez-Igbo at Forensic Risk Alliance.

• Why FCA Proposals For UK Listing Rules May Need Tweaking

  

  Although many of the Financial Conduct Authority’s recently published proposals for listing rules reform are to be welcomed, a few further changes are needed if the regulator's objective of making the U.K. public markets more attractive is to be achieved, says Nigel Gordon at Fladgate.

• Exploring UK Regulatory Reform Amid Global Bank Failures

  

  In light of recent high-profile bank failures and the publication of a feedback statement to a U.K. regulatory review, the concern that banks are overly reluctant to use their stock begs the question whether regulators now need to rethink the operation of the liquidity coverage ratio, say Alix Prentice and Carl Hey at Cadwalader.

• Key Takeaways From Recent UK Insolvency Disputes

  

  As recent insolvency statistics show that U.K. registered company insolvencies are up 16% compared to last year, having a strong understanding of recent key U.K. decisions and how insolvency disputes operate is more important for companies now than it has ever been, say attorneys at Crowell & Moring.

• Why The Draft UK Fraud Offense May Not Be A Game Changer

  

  Although the U.K.’s proposed "failure to prevent fraud" offense will generate a need for large businesses to reassess their existing processes, given the long lead-in times for prosecutions and the Serious Fraud Office's current success rate, it seems unlikely that the corporate fraud landscape will be immediately transformed, say Charles Kuhn and Charlotte Gill at Clyde & Co.

• A Review Of The EU FDI Screening Regulation And Its Scope

  

  The EU advocate general’s recent broad interpretation of the EU Foreign Direct Investment Screening Regulation takes account of some of the geopolitical challenges faced by the bloc, and may foreshadow a revision of the regulation and widen the scope of investments screened, say Vassilis Akritidis and Jean-Baptiste Blancardi at Crowell & Moring.

• Key Takeaways From EU Proposal For Greenwashing Rules

  

  If the proposal for a Green Claims Directive, with its enhanced rules on claims about a product or trader's environmental impact, is adopted, it will affect all businesses selling their products in the EU and bring major changes to the way those products are packaged and advertised, say attorneys at Shearman.

• How EU ESG Regs Affect US Financial Market Participants

  

  The European Commission recently confirmed that the Sustainable Finance Disclosure Regulation applies to all funds marketed in the EU, so affected U.S. financial market participants will need to consider the new guidance on principal adverse impacts, sustainable investments and promotion of carbon emissions reductions, say attorneys at Debevoise.