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Expert Analysis
![Antje Brambrink](https://assets.law360news.com/1848000/1848281/3a9ceed8dd57e7ef16e7ff43dea6bce8affde181-brambrink_antje_10209_open-graph.jpg)
The Unified Patent Court: What We Learned In Year 1
The Unified Patent Court celebrated its first anniversary this month, and while questions remain as we wait for the first decisions on the merits, a multitude of decisions and orders regarding provisional measures and procedural aspects have provided valuable insights already, says Antje Brambrink at Finnegan.
![Christopher Foo](https://assets.law360news.com/1846000/1846269/f41e2e88a5601bf529e5d848cf95a5760cfa1d78-christopher-foo-ropes.jpg)
Comparing UK, EU Digital Products Cybersecurity Approaches
New U.K. and EU legislation impose different cybersecurity requirements on manufacturers of connectable products, but despite its higher overall standard and holistic approach, organizations should be aware that compliance with the EU act does not necessarily mean satisfying the U.K. regime, says Christopher Foo at Ropes & Gray.
![Rafi Azim-Khan](https://assets.law360news.com/1846000/1846271/e05b1c2d873913a61ad6863033ff2e41a3adfddc-azim-khan-rafi_headshot.jpg)
Lessons From Epic's Dutch Fine For Unfair Marketing To Kids
Dutch regulators' imposition of a €1.1 million fine on Epic Games for unfair commercial practices targeting children marks a significant moment in the ongoing scrutiny of digital market practices, and follows an increased focus on children's online safety in the U.S. and European Union, say attorneys at Crowell & Moring.
![David Claxton](https://assets.law360news.com/1846000/1846127/fd0d2f0fcdc7fbdb8d61a662da48f8ab07948b75-david-claxton-red-lion.jpg)
FCA 'Finfluencer' Trial Exposes Social Media Promo Risks
The upcoming Financial Conduct Authority prosecution of nine individuals for Financial Services and Markets Act 2000 violations is the first time an online influencer will be tried for using social media to promote investments, demonstrating the need to be wary of the specific legal requirements surrounding financial product promotion, says David Claxton at Red Lion.
![Heather Welham](https://assets.law360news.com/1846000/1846066/6005f17dc90a4896f348392e7d779162aa1cc9e9-profile-pic(48549681.1).png)
CPR Proposal Affirms The Emphasis On Early Mediation
While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.
EU Investor-State Dispute Transparency Rules: Key Points
![](https://assets.law360news.com/1859000/1859578/1afa9c4c40dbf9b9d972f072fcecd5723d45b389-philip-hall.jpeg)
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
How Regulation Of Tech Providers Is Breaking New Ground
![](https://assets.law360news.com/1858000/1858244/fd581e27034c2449765193835b7666463af34774-berman_david_1500x2100-(2).jpg)
The forthcoming EU regulation on digital operational resilience and the U.K. critical third-party regime, by expanding the direct application of financial services regulation to designated technology providers, represent a significant development that is not to be underestimated, say David Berman and Emily Lemaire at Covington.
Decoding Plans To Simplify The Transfer Of Undertakings Law
![](https://assets.law360news.com/1857000/1857877/581148cab4b5afed28236431a8d1976e4820410d-robert-forsyth.jpg)
The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.
Takeaways From EU's Initial Findings On Apple's App Store
![](https://assets.law360news.com/1859000/1859387/4016e0e5e5e0abd0039dd0fc4a1cf645f9625272-william-dolan.jpg)
A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.
Decoding Arbitral Disputes: Intra-EU Enforcement Trends
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Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
Why Trustees Should Take Note Of Charity Code Consultation
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The Charity Governance Code Steering Group's recently launched governance code consultation is unlikely to result in a radical overhaul, but with the bigger issue being awareness and application by smaller underresourced charities, trustees should engage with the process to help shape the next iteration of this valuable tool, says Chris Priestley at Withers.
1 Year At The UPC: Implications For Transatlantic Disputes
![](https://assets.law360news.com/1857000/1857440/8cfe694e48973f710eee8b77966621b39f330f8b-170daa3d-21c4-4e14-a92b-d34c1833112f.jpg)
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
What EU Net-Zero Act Will Mean For Tech Manufacturers
![](https://assets.law360news.com/1857000/1857801/53b740b1e83543a858dc33f98b58d407f00fd089-martin-weitenberg.jpg)
Martin Weitenberg at Eversheds Sutherland discusses the European Council’s recently adopted Net-Zero Industry Act and provides an overview of its main elements relevant for net-zero technology manufacturers, including benchmarks, enhanced permitting procedures and the creation of new institutions.
Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
![](https://assets.law360news.com/1856000/1856363/a84c504b026ada4e95c4d2c3cc196b76e8bf6c87-ryland-ash.jpg)
In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.
Employer Lessons From Teacher's Menopause Bias Win
![](https://assets.law360news.com/1856000/1856514/44e59b11287373973a268606d41784ea3445e017-gelder_ellie_formal.jpg)
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
Complying With EU Commission's Joint Purchasing Rules
![](https://assets.law360news.com/1855000/1855504/acb2b1e76432f0bbadd345490ad968768eadb523-thomas-de-meese-crowell.jpg)
One year after the European Commission released its revised guidelines on horizontal cooperation agreements, attorneys at Crowell & Moring reflect on the various forms such agreements can take, and how parties can avoid structuring arrangements that run afoul of competition law.
Tips For Implementing EU Sustainability Reporting Guidance
![](https://assets.law360news.com/1856000/1856414/b71d79854e29bd6133d2bbbe372663e04b7c280c-berrar_carsten-sullivan.jpg)
Lawyers at Sullivan & Cromwell discuss the European Financial Reporting Advisory Group’s recently published guidance on double materiality assessments and offer takeaways on achieving a sustainability directive-compliant process that could enhance clarity and consistency among multinational stakeholders.
How CMA's AI Strategic Update Addresses Industry Risks
![](https://assets.law360news.com/1856000/1856003/3aa19fd62fcc262d94f082f5b8a1c9dbf2acafdf-christopher-foo-ropes.jpg)
The Competition and Markets Authority’s recent artificial intelligence strategic update, setting out the regulator’s understanding of AI risks and how it intends to address them, is indicative of its focus on incumbent technology organizations, although future political developments in the U.K. may also shape the CMA's approach, say Christopher Foo and Carol Slattery at Ropes & Gray.
Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
![](https://assets.law360news.com/1852000/1852041/67cd5f90628666db1b52f770a2658b40d96d7396-abigail-healey.jpeg)
In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.
Labour's 'Fresh Approach' To Tackling Financial Crime
![](https://assets.law360news.com/1856000/1856848/f731eac639d0d55360cc4f12bfdddc72e28975ac-matthew-cowie-rahman.jpg)
Given newly elected Prime Minister Sir Keir Starmer’s background as a criminal defense lawyer and director of public prosecutions, an administration with strong views on financial crime can be expected, and revenue raising and proceeds of crime recovery are likely to be at the forefront, says Matthew Cowie at Rahman Ravelli.
Unpacking Pressures, Trends Affecting Global Supply Chains
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A recent HSBC report reveals a number of trends and challenges for global supply chains in the current uncertain geopolitical landscape, and with constant emerging opportunities, companies that can stay informed, be proactive and adapt to change will be well positioned to succeed, says Michelle Craven-Faulkner at Shoosmiths.
What UK Digital Markets Act Will Mean For Competition Law
![](https://assets.law360news.com/1855000/1855511/c2440a509d9abcc6141b011ebe5940867c36057e-richard-brown.png)
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
UK Supreme Court Confirms Limits To Arbitration Act Appeals
![](https://assets.law360news.com/1848000/1848363/9b66591d9c82e0a9817f12d44526283e847b0c09-handleymark.jpg)
Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.
Examining The EU Sanctions Directive Approach To Breaches
![](https://assets.law360news.com/1852000/1852458/1704df39d5e36a909917c09d53b954d7497e6de0-kate-poppitt-hl.jpg)
In criminalizing sanctions violations and harmonizing the rules on breaches, a new European Union directive will bring significant change and likely increase enforcement risks across the EU, say lawyers at Hogan Lovells.
What New UK Labour Gov't Is Planning For Financial Services
![](https://assets.law360news.com/1855000/1855728/7b59a1593a195c900c736354ded500e91f41f262-rachael-healey-rpc.jpg)
Following the Labour Party’s U.K. election win on July 4, the new government has already announced its key missions for economic growth, green investment and tax reform, so affected Financial Conduct Authority-regulated entities should be prepared for change and on the lookout for details, says Rachael Healey at RPC.
Special Series
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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 Incoming Government Must Reform UK's Justice System
As the U.K. approaches a possible watershed general election, the new government must undertake the reforms and investment needed to restore the justice system, and public confidence and safety with it, says Sam Townend at the Bar Council.
Why Timing Makes UK Libor Judgments Controversial
The recent U.K. Court of Appeal decision in the R v. Hayes and Palombo appeal against Libor convictions demonstrates that had U.K. regulators probed with the facts known today, civil claims in all jurisdictions would be dismissed and a decadelong wasted investigation should be put to rest, says Charles Kuhn at Clyde & Co.
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.