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Expert Analysis

• ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring

  

  A recent European Court of Justice ruling, clarifying that the General Data Protection Regulation could apply to decisions made by artificial intelligence, serves as a warning to employers, as the use of AI in recruitment may lead to more discrimination claims, say Dino Wilkinson and James Major at Clyde & Co.

• Economic Crime Act Offers Welcome Reform To AML Regime

  

  The Economic Crime and Corporate Transparency Act exemption for mixed-property transactions that came into force on Jan. 15 as part of the U.K.'s anti-money laundering regime is long overdue, and should end economic harm to businesses, giving banks confidence to adopt a more pragmatic approach, say Matthew Getz and Joseph Fox-Davies at Pallas Partners.

• What Venice Swaps Ruling Says About Foreign Law Disputes

  

  The English appeals court's decision in Banca Intesa v. Venice that the English law swaps are valid and enforceable will be welcomed by banks, and it provides valuable commentary on the English courts' approach toward the interpretation of foreign law, say Harriet Campbell and Richard Marshall at Penningtons Manches.

• Key Litigation Funding Rulings Will Drive Reform In 2024

  

  Ground-breaking judgments on disputes funding and fee arrangements from 2023 — including that litigation funding agreements could be damages-based agreements, rendering them unenforceable — will bring legislative changes in 2024, which could have a substantial impact on litigation risk for several sectors, say Verity Jackson-Grant and David Bridge at Simmons & Simmons.

• How Data Privacy Law Cases Are Evolving In UK, EU And US

  

  To see where the law is heading in 2024, it is worth looking at privacy litigation and enforcement trends from last year, where we saw a focus on General Data Protection Regulation regulatory enforcement actions in the U.K. and EU, and class actions brought by private plaintiffs in the U.S., say lawyers at Morgan Lewis.

• Misleading Airline Ads Offer Lessons To Avoid Greenwashing

  

  Following the Advertising Standards Authority's recent decision that three airlines' adverts misled customers about their environmental impact, companies should ensure that their green claims comply with legal standards to avoid risking reputational damage, which could have financial repercussions, say Elaina Bailes and Olivia Shaw at Stewarts.

• Supreme Court Ruling Is A Gift To Insolvency Practitioners

  

  As corporate criminal liability is in sharp focus, the Supreme Court's recent decision in Palmer v. Northern Derbyshire Magistrates' Court that administrators are not company officers and should not be held liable under U.K. labor law is instructive in focusing on the substance and not merely the title of a person's role within a company, say lawyers at Greenberg Traurig.

• Major EU AI Banking Ruling Will Reverberate Across Sectors

  

  Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

• English Could Be The Future Language Of The UPC

  

  While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.

• Arbitration Remains Attractive For Digital Disputes In 2024

  

  Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.

• Key Employer Lessons From 2023 Neurodiversity Case Uptick

  

  The rise in neurodiversity cases in U.K. employment tribunals last year emphasizes the growing need for robust occupational health support, and that employers must acknowledge and adjust for individuals with disabilities in their workplaces to ensure compliance and foster a neurodiverse-friendly work environment, says Emily Cox at Womble Bond.

• A Look At 2023's Landmark Insolvency Developments

  

  The insolvency landscape in 2023 witnessed pivotal court decisions that will continue to shape the industry in 2024, with a focus on refining director and administrator duties and obligations, and addressing emerging challenges, says Kerri Wilson at Ontier.

• Hague Judgments Treaty May Boost UK-EU Cooperation

  

  The U.K.'s recent decision to sign the Hague Judgments Convention could help rebuild post-Brexit judicial cooperation with the EU by creating a holistic arrangement on mutual recognition and enforcement of judgments, say Patrick Robinson and Stephen Lacey at Linklaters.

• 5 Key UK Employment Law Developments From 2023

  

  Key employment law issues in 2023 suggest that topics such as trade union recognition for collective bargaining in the gig economy, industrial action and menopause discrimination will be at the top of the agenda for employers and employees in 2024, say Merrill April and Anaya Price at CM Murray.

• Emerging Trends From A Busy Climate Litigation Year

  

  Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.