Expert Analysis

• ESMA Report Offers A Glimpse At EU's Securitization Future

  

  The European Securities and Markets Authority’s recent overview of the EU securitization sector suggests a growing market for both investors and businesses and offers useful insight into future regulatory priorities, says Alan Bunbury at Matheson.

• Collapse-Risk Buildings Present Liability Challenges

  

  Recently, buildings, such as Harrow Crown Court, have been closed due to risk of collapse from use of reinforced autoclaved aerated concrete in their construction, but identifying who will pay for the associated damages may be challenging due to expired limitation periods, say Theresa Mohammed, Jonathan Clarke and Villem Diederichs at Watson Farley.

• How The Legal Sector Can Enhance Its Data Resilience

  

  In view of the U.K. National Cyber Security Centre’s recent report shedding light on the legal sector’s increased vulnerability to cyberattacks, law firms need not only establish robust defenses, but also to redefine their approach to data security by fostering a culture of continuous learning, adaptability and vigilance, says Katie McCullough at Panzura.

• Age Bias Cases Illustrate Key Employer Issues On Retirement

  

  Recent Employment Tribunal cases demonstrate that age discrimination claims are increasingly on employees' radars, particularly regarding retirement, so employers should be proactive and review their current practices for managing older employees, say Jane Mann and Lucy Sellen at Fox Williams.

• Why Indonesia Feels Frustrated By Airbus Dispute Outcome

  

  Although the U.K. Serious Fraud Office’s Airbus bribery investigation achieved a record payout for regulators, Indonesia’s threat to sue for lack of credit for its contribution serves as a reminder of the need to take care when settlements are distributed among investigating partners, says Niall Hearty at Rahman Ravelli.

• EU Tech Guidance Is First Step In Minimizing Security Risks

  

  The European Commission's recent recommendation on critical technologies that likely pose immediate risks to technology security has prompted an evaluation of the European Union's vulnerabilities in these areas, which could have significant implications for businesses operating in and with the bloc, say lawyers at Cooley.

• Key Shifts In EU, UK Emissions Credits: Challenges For Cos.

  

  An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.

• UAE Bank Case Offers Lessons On Enforcing Foreign Rulings

  

  The High Court recently clarified in Invest Bank v. El-Husseini that foreign judgment debts may be enforceable in England, despite being unenforceable in their jurisdiction of origin, which should remind practitioners that foreign judgments will be recognized in England if they are final and conclusive in their court of origin, say lawyers at Macfarlanes.

• Revised OECD Guidelines Key In Shaping Business Standards

  

  The OECD’s recent revised guidelines on responsible business conduct, supported by a domestic government agencies’ grievance referral mechanism, have already influenced EU due diligence standards, and enterprises engaging in the unique procedure will benefit from case-specific nuances, parallel proceedings and the availability of confidentiality protections, say lawyers at Debevoise.

• Takeaways From CMA's Grocery Sector Unit Pricing Report

  

  The Competition and Markets Authority’s recently published report identifying grocery retailers' problematic and inconsistent behaviors in their use of unit pricing signals that retailers will want to take care to use all pricing structures in a clear and transparent way, and that the CMA's soft approach is ending and enforcement is becoming a costly reality, says Michael Cordeaux at Walker Morris.

• Report Can Aid With Sustainable Finance Disclosure Filings

  

  The European Supervisory Authorities recently issued a report on companies' consideration of the principal adverse impacts of their investment decisions on sustainability factors, providing examples of good and bad disclosure practices under the Sustainable Finance Disclosure Regulation, which firms should note in their future reporting, say lawyers at Debevoise.

• Protecting The Arbitral Process In Russia-Related Disputes

  

  Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.

• Audit Reform Takeaways After Record KPMG Fine

  

  The Financial Reporting Council’s recent £21 million fine against KPMG for its Carillion audit work failures is representative of the agency’s increasing proactivity in policing audit quality, and brings to light the U.K. government’s slow-moving but ongoing efforts to majorly reform audit sector regulations, says Paul Brehony at Signature Litigation.

• Takeaways From The CMA's Green Collaboration Guidance

  

  Recently published Competition and Markets Authority guidance on the application of competition law to environmental sustainability agreements should remove barriers for businesses that want to collaborate on environmental sustainability without breaking the law, say attorneys at Eversheds Sutherland.

• RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'

  

  A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.