Expert Analysis

• 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.

• EPO Decision Adds To Sparse Case Law On Core AI Patents

  

  The recent European Patent Office Board of Appeal decision in the Sparsely connected neural network/Mitsubishi case is remarkable for its technicality, and provides rare guidance for companies on the requirements for core artificial intelligence invention patents, says Alexander Korenberg at Kilburn & Strode.

• 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.

• How Lawyers Can Best Avoid Money Laundering Issues

  

  There are basic questions that solicitors must ask of clients to avoid money laundering risks, but in light of recent fines imposed by the Solicitors Regulatory Authority for failure to comply with anti-money laundering regulations, firms must also ensure they document their diligence process, says Harriet Holmes at Thirdfort.

• Taxing The Digital Economy: The Good, The Bad And The Ugly

  

  U.S. tech companies should watch for important developments in international taxation, including the resolution of Apple's decade-old state aid case, growing frustration with the Organization for Economic Cooperation and Development's global tax plan and adoption of the digital services tax instead, says Joyce Beebe at Rice University's Baker Institute for Public Policy.

• How Ed Sheeran's Serenade May Have Swayed The Jury

  

  While Ed Sheeran's performance of his hit song "Thinking Out Loud" at trial could not protect him from the subconscious copying doctrine, it may have tapped into jurors' intuitions about independent creation, winning him the copyright infringement suit over the song, says Christopher Buccafusco at Duke University School of Law.

• Tackling UK Case Backlog Requires Proper Court Funding

  

  Until the U.K. government takes powerful measures to address IT issues, poorly maintained courtrooms and wage demands, the crown court backlog will continue to rise to the detriment of all stakeholders in the criminal court system and the public at large, says Rubin Italia at Stokoe Partnership.

• UK Ruling May Affect 3rd-Party Fraud Liability Post-Insolvency

  

  While the recent Court of Appeal decision in Tradition Financial Services v. Bilta could make Section 213 of the Insolvency Act a powerful tool for liquidators, it also heightens the risk of companies tangentially involved in fraud being subject to claims following insolvency, say attorneys at Dechert.

• Tips On Implementing Menopause Support Policies At Work

  

  1 in 10 women have left a job due to menopausal symptoms, highlighting that employers must find ways to support and retain affected employees, especially amid the growing drive to boost the numbers of older people in the workforce and oft-cited war for talent, say Ellie Gelder and Kelly Thomson at RPC.

• UK Ruling Offers Useful Guidance To Insolvency Practitioners

  

  The recent U.K. High Court ruling in a matter involving Sova Capital represents the first unsecured credit bid to be approved by an English court, demonstrating a pragmatic approach to complex sanctions-related administrations and identifying a novel solution for insolvency practitioners to maximize value for the benefit of creditors, say attorneys at Katten.

• UK's Draft Fraud Offense And How It May Affect Companies

  

  The new U.K. corporate criminal offense of "failing to prevent fraud," recently published in draft form, will make it easier for prosecutions to be brought against companies, with no need to show that the "directing mind and will" of a company were involved in the fraud, say attorneys at Allen & Overy.

• Fresh View Ruling Offers Clarity On Forfeiture Orders

  

  The pragmatic focus on property rather than the defendants’ wrongdoing in Fresh View v. Westminster Magistrates' Court will be welcomed by enforcement authorities, although the low bar where mere knowledge or suspicion of unlawful conduct may be sufficient for forfeiture could be of concern to innocent recipients, says Joseph Sinclair at Mountford Chambers.