Expert Analysis

• Key Trends Shaping ESG And Sustainability Law In 2026

  

  2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.

• Digital Regulation In EU And UK: The Enduring 2025 Themes

  

  With EU and U.K. digital regulation becoming an operational reality in 2025 and no sign of slowing in 2026, organizations need to embed content moderation, cybersecurity and data access obligations into their compliance structures, although legislative divergences mean that multinational businesses must also consider parallel and sometimes conflicting expectations, say lawyers at Morrison & Foerster.

• FCA Enforcement Trends In 2025 And Expectations For 2026

  

  The Financial Conduct Authority’s clear intention in 2025 to conduct fewer, faster investigations and reinforce transparency is likely to continue in 2026, with a dual-pronged approach of targeted enforcement and assertive supervision to fight crime, support growth and help consumers as its priorities, say lawyers at WilmerHale.

• Judicial AI Guidance Update Shows Caution Still Prevails

  

  The judiciary’s recently updated guidance on the use of artificial intelligence warns judges and tribunal members about misinformation and white text manipulation, providing a reminder that AI tools cannot replace direct engagement with evidence and reflecting a broader concern about their application when handling confidential material, say lawyers at Hogan Lovells.

• Brazil Dam Ruling Highlights Role Of Corporate Accountability

  

  The recent High Court judgment in Municipio de Mariana v. BHP concerning the collapse of the Fundao dam establishes a precedent for holding parent companies that exercise significant control and assume responsibility liable for the actions of group entities, notwithstanding their multinational corporate structure, say lawyers at Irwin Mitchell.

• Freezing Orders Maintain Their Impact 50 Years On

  

  Freezing orders, created in Mareva v. International Bulk Carriers 50 years ago, are now a fundamental part of English and Welsh law and a significant weapon in the litigator's armory, considered indispensable by practitioners seeking to obtain enforceable judgments and interlocutory relief on behalf of their clients, say lawyers at Trowers and Hamlins.

• Decoding Arbitral Disputes: A Paris Ruling Defines Key Limits

  

  Though French arbitration law is highly supportive of arbitral autonomy, last week's Paris Court of Appeal judgment annulling a $14.9 billion arbitral award against Malaysia reaffirms that such support is neither unqualified nor blind to defects striking at the very legitimacy of the arbitral process, says Josep Galvez at 4-5 Gray's Inn.

• EU Businesses Face Uncertainty Amid Sustainability Reforms

  

  The European Commission’s sustainability omnibus, due to be approved this month, has brought a year of regulatory upheaval for European businesses, and although the long-awaited scaled-back obligations will provide clarity, a balance between not overburdening reporting companies and the need for data to make sustainable investments must be found, say lawyers at Peters & Peters.

• SFO Compliance Guide Highlights Early Remediation Is Key

  

  The Serious Fraud Office’s first external guidance on evaluating corporate compliance programs serves as an important reminder to organizations to keep their compliance measures under close review from the earliest stages of an internal investigation to mitigate the risk of ongoing and future misconduct, says Tom Grodecki at Cadwalader.

• How Russia Sanctions Trajectory Is Affecting UK Legal Sector

  

  The proliferation of U.K. and European Union sanctions targeting Russia has led to a vast increase in legislative provisions, and lawyers advising affected businesses should expect a complex and evolving legal landscape for the foreseeable future, says Rob Dalling at Jenner & Block.

• EU's AI Omnibus Proposal Offers 10 Key Changes For Cos.

  

  The European Commission’s recent proposal for an artificial intelligence digital omnibus aims to ease compliance burdens by extending timelines and increasing flexibility, bringing relief for midcaps and small and midsize enterprises, while enhanced cooperation requirements for regulators should reduce administrative duties for businesses, say lawyers at Cooley.

• Tracking Crypto-Asset Tax Rules In 2025 And Beyond

  

  The past year has seen an increasing amount of regulation in the crypto-asset space, with a range of novel and complex taxation challenges for regulators, and taxpayers can expect a marked increase in HM Revenue & Customs' compliance activity in the year ahead, says Liam McKay at RPC.

• 2025 UK Merger Reforms Simplify Path For Deals

  

  Dealmakers should laud the 2025 reforms in the U.K. merger control and investment screening landscape, as the Competition and Markets Authority’s renewed focus on economic growth — and on implementing more flexible, streamlined and hands-off procedures — makes planning transactions a more predictable process, say lawyers at Akin Gump.

• Train Ticket Class Action Shows Limits Of Competition Law

  

  The Competition Appeal Tribunal's recent judgment in Gutmann v. London & Southeastern Railway, Govia Thameslink Railway and First MTR South Western Trains Ltd. restates the important principle that a high bar is required to demonstrate an abuse of dominance, providing welcome clarification for consumer-facing businesses that competition law is not intended to serve as a general vehicle for consumer protection, say lawyers at Freshfields.

• Navigating Legal Privilege Issues When Using AI

  

  The recent explosion in artificial intelligence has led to prompts and AI outputs that may be susceptible to disclosure in proceedings, and it is important to apply familiar principles to assess whether legal privilege may apply to these interactions, say lawyers at HSF.