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UK Expert Analysis

Anticipating A Shift In CMA Merger Control Enforcement
As the Competition and Markets Authority outlines plans to put the U.K. government's growth objectives into action, the changes may well pave the way for a more permissive outlook for review of mergers and acquisitions in the U.K., say lawyers at A&O Shearman.

Pension Schemes Bill's Most Notable, Controversial Measures
The long-awaited Pension Schemes Bill recently introduced to Parliament creates a framework for harnessing money saved in U.K. workplace pension funds to grow the country’s economy, but provisions relating to local government pension scheme investment, and scale and asset allocation, are controversial, says Claire Dimmock at Squire Patton.

What New FCA Private Stock Market System Could Offer Cos.
While the Financial Conduct Authority’s new secondary private stock market system will bring more control and less ongoing regulatory compliance than a public market, but because the regime grants a significant degree of flexibility to operators it may be some time before a full operational picture emerges, says Iain Wright at Morgan Lewis.

Open Questions As FCA Prepares Buy Now, Pay Later Rules
HM Treasury’s recent response to its consultation on buy now, pay later lending regulation is clear on policy, but with rules still to be set by the Financial Conduct Authority it is difficult for firms to plan for change, and they should take advantage now of the opportunity to liaise with the regulator, say lawyers at Hogan Lovells.
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Compliance Lessons From Art Dealer's Terror Financing Plea
Regulated businesses can learn from the missteps of a recently convicted London art dealer, who failed to disclose sales to a suspected Hezbollah financier, by implementing compliance measures like anti-terrorism financing screenings as robust as their anti-money laundering policies and training staff to spot red flags, say lawyers at White & Case.
FCA Notes Industry Criticism But Keeps Transparency Focus

The Financial Conduct Authority’s recently updated enforcement guide finally gives up the "naming and shaming" public interest test, demonstrating that the regulator has recognized the industry's serious concerns while maintaining less contentious aspects of its proposals to improve transparency in investigations, say lawyers at Irwin Mitchell.
Immigration Reforms Require Immediate Employer Attention

The recent U.K. government white paper on immigration practices could reshape how international recruitment is planned, funded and managed, and employers reliant on overseas talent should get ahead of changes now, including via pipeline reviews and accelerated sponsorship, say lawyers at Morgan Lewis.
Series
Practice Leader Insights From Walker Morris' Andrew Rayment

Andrew Rayment, head of employment at Walker Morris, discusses the challenges of dismissing employees at a coal mine, how the proposed employment law reforms could create logistical burdens for businesses, and why prioritizing effectively is key for a lawyer.
Anticipating A Shift In CMA Merger Control Enforcement

As the Competition and Markets Authority outlines plans to put the U.K. government's growth objectives into action, the changes may well pave the way for a more permissive outlook for review of mergers and acquisitions in the U.K., say lawyers at A&O Shearman.
Court Backing Of FCA Pensions Ruling Sends Key Message

The Upper Tribunal’s recent upholding of the Financial Conduct Authority's decisions against CFP Management directors serves as a judicial endorsement of the regulator’s approach to defined benefit transfers, underscoring that where the advisory model is fundamentally flawed, the consequences for those in control can be severe, say lawyers at RPC.
Saxon Woods Ruling Tightens Rules On Director Good Faith

The recent Court of Appeal judgment in Saxon Woods v. Costa departs from the High Court's ruling, clarifying that a director's sincere belief they have acted in the company’s best interests is not sufficient to satisfy the statutory requirement to act in good faith, say lawyers at Covington.
ICSID Annulment Proceedings Carry High Stakes For System

The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.
Key Points From HMRC's Tax Reform Proposals

Although HM Revenue & Customs’ recent proposals for reform of U.K. transfer pricing and permanent establishment rules align with the latest international consensus, certain amendments may lead to future controversy, say lawyers at Skadden.
Series
Practice Leader Insights From Kennedys' Matthew Poli
Matthew Poli, head of Kennedys' corporate M&A transactions team, discusses the challenges of rushing to close transactions ahead of possible budgetary changes, why reform is needed in the way a company's statutory books can be altered at Companies House, and that client service needs to be a lawyer's watchword.
What To Note As UK Adopts OECD Crypto Disclosure Rules

With the U.K.’s recent announcement that it will adopt the Organization for Economic Cooperation and Development's crypto-asset reporting framework, users and providers will benefit from understanding the context surrounding the decision and the framework's intended goal of clamping down on tax evasion, say lawyers at Brown Rudnick.
Why UK Sanctions Review Recommendations Lack Substance
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The recent U.K. cross-government sanctions enforcement review makes welcome but unambitious recommendations, and without increasing funding for sanctions agencies or developing a whistleblower incentivization scheme, it is unlikely to result in tangible support for the sectors that most need it, say lawyers at WilmerHale.
Comparing Stablecoin Bills From UK, EU, US And Hong Kong

For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
How UK Law Firms Can Counter Money Laundering Threat

With figures released in May showing that money laundering was the biggest source of fraud in the U.K. last year, law firms should focus on internal identification and prevention strategies, considering the scale and nature of potential risk exposure depends on several business factors, says Niall Hearty at Rahman Ravelli.
Key Takeaways As EU And UK Impose New Russia Sanctions

The European Union and U.K.’s new sanctions on Russia, designating increasing numbers of non-Russian companies in the defense and shipping sectors, mean that organizations must examine from the outset whether a transaction has any nexus with the EU or the U.K., say lawyers at Sullivan & Cromwell.
Pension Schemes Bill's Most Notable, Controversial Measures

The long-awaited Pension Schemes Bill recently introduced to Parliament creates a framework for harnessing money saved in U.K. workplace pension funds to grow the country’s economy, but provisions relating to local government pension scheme investment, and scale and asset allocation, are controversial, says Claire Dimmock at Squire Patton.
Series
Practice Leader Insights From Broadfield's Caroline Yarrow
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Caroline Yarrow, head of Broadfield's employment practice, discusses the challenges of analyzing huge volumes of data in a service provider transfer of 2,000 employees, why the employment tribunal system needs urgent review, and why being pragmatic and commercial when giving advice is important.
8 Ways Law Firms Can Prepare For SRA's AML Offensive

The Solicitors Regulation Authority’s recent plans to intensify anti-money laundering enforcement means firms need to concentrate on strengthening client matter risk assessments, policies and procedures, source of funds checks and firmwide risk assessments, says Harriet Holmes at Thirdfort.
What New FCA Private Stock Market System Could Offer Cos.

While the Financial Conduct Authority’s new secondary private stock market system will bring more control and less ongoing regulatory compliance than a public market, but because the regime grants a significant degree of flexibility to operators it may be some time before a full operational picture emerges, says Iain Wright at Morgan Lewis.
How Fostering Well-Being Can Drive Law Firm Profitability

To counter the common assumption that prioritizing lawyer’s well-being damages profitability, firms should look at the role itself and build strategies to reduce stress, especially with the current focus on delivering more billable hours in light of artificial intelligence tools creating new capacity, says Charlotte Clegg at The Mindful Business Charter.
Should Patent Disputes Be Filed In The ITC Or UPC?

When companies must choose between initiating patent litigation in the U.S. International Trade Commission or the European Union's Unified Patent Court, the ITC may offer a few distinct advantages, but ultimately the decision requires consideration of case-specific factors, say attorneys at White & Case.
Special Series

Practice Leader Insights
In this Law360 U.K. Expert Analysis series, leaders of employment, intellectual property, insurance and transactions practice groups share thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area.
Opinion
UK Court Of Appeal's FRAND Ruling Is Troubling
The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.
UK Gov't Needs To Take Action To Support Whistleblowing Bill
With a proposed Office of the Whistleblower Bill making its way through the U.K. Parliament, whistleblowing is starting to receive the attention it deserves, but the key to unlocking real change is for the government to take ownership of reform proposals and appoint an overarching whistleblowing champion, says Baroness Susan Kramer at the House of Lords.