Expert Analysis


Get Ready For Big Employment Law Changes In UK This Year

In 2025, employers should be reviewing artificial intelligence risks and anticipating potential immigration policy changes while preparing for updates to 28 areas of law that are on the horizon with the Employment Rights Bill, which represents the biggest change to employment law in decades, say lawyers at Morgan Lewis.


What New UK Code Of Conduct Will Mean For Directors

The Institute of Directors’ new voluntary code of conduct is intended to help directors make better decisions and enable U.K. businesses to win back eroded public trust, although, with no formal means of enforcement, its effectiveness could be limited, says Sarah Turner at Eversheds Sutherland.


Series

Practice Leader Insights From Eversheds' Diane Gilhooley

Diane Gilhooley, who leads Eversheds Sutherland's employment, labor and pensions practice, looks at the multifaceted challenges of advising clients during pandemic lockdowns, the need to reform U.K.'s whistleblowing law, and why it's important for lawyers to enjoy their work.


5 Trends Employers Can Consider To Secure Proprietary Info

With noncompete clauses under scrutiny in the U.S. and U.K., companies may want to consider other restrictive covenants or clawback provisions to protect sensitive company data with fewer risks of legal challenge, says Daniel Stander at Vedder Price.


Russian Bankruptcy Ruling Shows Importance Of Jurisdiction

The U.K. Supreme Court's recent decision not to assist a Russian receiver in Kireeva v. Bedzhamov will be of particular interest in cross-border insolvency proceedings, where attention must be paid to assets outside the jurisdiction, and to creditors, who must consider carefully where to apply for a bankruptcy order, say lawyers at McDermott.


Considering The Status Of The US Doctrine Of Patent Misuse

A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.


Decoding Arbitral Disputes: UK Awards Versus EU Judgments

The Court of Appeal of England and Wales' recent refusal to enforce a €855 million Spanish judgment inconsistent with earlier binding arbitral awards in England provides crucial guidance for practitioners navigating the complexities of cross-border disputes involving arbitration agreements and sovereign states, says Josep Galvez at 4-5 Gray's Inn.


Key Points From Trade Sanctions Office 'No-Russia' Guidance

The Office of Trade Sanctions Implementation’s recent guidance provides best practice suggestions that can help businesses mitigate the risk of their exports being targeted by Russian circumvention efforts, while noting that there is no one-size-fits-all approach to compliance, says Alexandra Melia at Steptoe.


Sky Trademark Ruling Suggests Strategy Tips For Brands

Following the U.K. Supreme Court's SkyKick v. Sky trademark ruling, brand owners should strike a balance between a specification broad enough to meet business requirements but not so broad as to invite unnecessary counterattacks for bad faith, says Josh Charalambous at RPC.


How Board Directors Can Adapt To Shifting Governance Tides

With European Union regulatory initiatives trending toward a sharp focus on ESG reporting requirements and ramping up pressure on corporate boards, directors should play a more active part in ensuring business objectives are aligned with regulatory demands, says Kallia Gavela at Alvarez & Marsal.


How Listing Act Measures Will Modernize EU Capital Markets

The new European Union Listing Act, in line with the capital markets union initiative, aims to simplify market access for small and midsize enterprises, laying a foundation for a more integrated framework and representing a modernization milestone, say lawyers at Cleary.


Forced Labor Imports Raise Criminal Risks For UK Retailers

Last summer’s London appeals court ruling applying the Proceeds of Crime Act to products made with forced labor, potential legislative reforms and recent BBC allegations about Chinese produce harvested by Uyghur detainees suggest British importers and retailers should increase scrutiny of their supply chains, says Ian Hargreaves at Quillon Law.


Keeping Up With Europe's Pregrant Description Amendments

A recent Technical Board of Appeal decision that there is no legal basis in the European Patent Convention for requiring pregrant description amendments has generated legal uncertainty on this issue, and practitioners should consider deleting unclaimed alternatives, say attorneys at Finnegan.


'Revolving Door' Model Can Help Bridge Legal Sector Gaps

The ability for lawyers to move freely between private and public sectors, a long-time feature of the U.S. legal landscape that was recently embraced by the U.K. Government Legal Department, offers valuable career experience and an effective way to close talent gaps at either end, say James Lavan and Thomas Hanlon at Buchanan.


Insider Info Compliance Highlights From New FCA Guidance

The Financial Conduct Authority's recent guidance to companies on identifying inside information clarifies the regulator's expectation of case-by-case assessment, helpfully highlighting that abuse of U.K.-regulated markets can arise earlier than some might think, say lawyers at Sullivan & Cromwell.


EU's AI Act May Lead To More M&A Arbitration

With the EU's Artificial Intelligence Act and its stiff penalties beginning to take effect, companies acquiring AI targets should pay close attention to the provisions in the dispute resolution clauses of their deal documents, say Nelson Goh at Pallas Partners and Benjamin Qiu at EKLJ.


A Look At PCAOB's Record-Breaking Enforcement In 2024

The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.


2 Cases May Enlighten UK Funds' Securities Litigation Path

Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.


Key Points From EU's Latest FDI Screening Regulation Review

The European Commission’s recent assessment of the Foreign Direct Investment Screening Regulation indicates that with strong control here to stay, precautionary filings are likely to remain necessary, and member states should prepare for greater rule alignment to reduce inefficiencies caused by a current lack of synchronization, say lawyers at Linklaters.


UK Businesses Need To Plan For Accessibility Act Compliance

With the European Accessibility Act’s compliance deadline approaching this June, U.K. businesses trading in the European Union need to think broadly in addressing its requirements to ensure equality of access to the digital world, says Louisa Chambers at Travers Smith.



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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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