Expert Analysis

• Unified Patent Court Advantages Leave US Trailing Behind

  

  Amplifying the shortcomings of litigation in the U.S., including inter partes reviews that significantly threaten the validity of patents, the recently launched Unified Patent Court regime will put further pressure on American legislators and add to Europe's attractiveness as a litigation venue, say lawyers at Sisvel and Franzosi Dal Negro.

• Examining The Effects Of Increased Construction Insolvency

  

  With a significant rise in construction firm insolvencies, proactive monitoring of key counterparties is paramount, and if early warning signs such as failure to pay suppliers or a turnover in key management are triggered, parties should take steps to minimize exposure and potential losses, say lawyers at Reynolds Porter.

• Ensuring Construction Project Insurance Cover Is Adequate

  

  There are a number of ways for practitioners to secure appropriate insurance for a construction project, and it is as important to consider who is covered under the policy as it is the specific terms and obligations, say lawyers at Gowling.

• GDPR Case Sheds Light On Threshold For Individual Damages

  

  The recent EU Court of Justice judgment in Österreichische Post clarified that an individual must suffer damages from an infringement of the General Data Protection Regulation to claim compensation, but the lack of guidance regarding calculation creates further ambiguity for organizations and an opportunity for individuals to forum shop, say lawyers at Van Bael & Bellis.

• What Private Investment Can Bring To Barristers' Chambers

  

  The recent private equity investment in The Barrister Group, believed to be the first at the Bar of England and Wales, demonstrates how an upgrade in chambers' business processes and technology can be achieved, both essential for the future of the profession, says Harry Hodgkin at The Barrister Group.

• The Path Forward For Blockchain Patents In The UK And EU

  

  The U.K. Intellectual Property Office's recent refusal of an IGT patent application highlights that certain blockchain innovations, including those relating to improved security, are more likely to be patentable than others, which is consistent with the overall European approach and available data, says Andrew Rudhall at Haseltine Lake.

• High Court Case Nearly Settles Fixed-Or-Floating-Charge Test

  

  While the High Court recently clarified in the Avanti Communications case that a limited freedom of a charger to deal with permanent assets will not create a floating charge, it does not resolve the differences in opinion between borrowers' and lenders' lawyers about the extent of that freedom, say Paul Denham and Bruce Johnston at Morgan Lewis.

• What The Oil Spill Case Means For Corporate Enviro Liability

  

  Amid increasing strategic environmental litigation, the recent Supreme Court decision in Jalla v. Shell serves as a reminder of the limitations to using private law action and that the courts will not necessarily dilute procedural or substantive rules to accommodate these claims, say lawyers at Cleary.

• French And UK Patent Litigation Will Likely Influence The UPC

  

  The newly opened Unified Patent Court represents a seismic, yet untested, change to how patent litigation is conducted within Europe, and the practices of French and U.K. courts may play a role in its development, including on issues such as saisies and document production, say lawyers at Gowling.

• Examining The Growing Strength Of FRC Enforcement Actions

  

  As the U.K. Financial Reporting Council prepares to broaden its powers and transition into the Audit, Reporting and Governance Authority in 2024, it is already demonstrating an increased appetite for enforcement, with greater expectations placed on auditors, say Kathleen Harris, Sean Curran and Melissa Dames at Arnold & Porter.

• Insights On UK Efforts To Combat Greenwashing Claims

  

  The recent censure by U.K. advertising and consumer protection regulators of a number of companies' attempts to highlight their green credentials demonstrates that efforts to tackle greenwashing are gathering pace, and the question of how consumers understand sustainability claims made by companies is coming into sharp focus, say Robert Allen and Craig Gilchrist at Simmons & Simmons.

• GDPR Case Offers Useful Clarifications On Data Access

  

  The recent EU Court of Justice decision in FF v. Österreichische Datenschutzbehörde is a critical junction for data protection law, clarifying that the right of access requires copies of documents containing personal data, but this will likely to incur higher compliance costs and administrative burdens for businesses, say Thibaut D'hulst and Defne Örnek at Van Bael & Bellis.

• UK Case Shows Risks Of Taking Shortcuts In Fund Payments

  

  While the High Court recently reversed a decision in Floreat Investment Management v. Churchill, finding that investors routing funds into their own accounts was not dishonest, the case serves as a cautionary tale on the dangers of directing investment funds other than as contractually provided, say lawyers at Dechert.

• How The UK Employment Court Backlogs Jeopardize Justice

  

  While employment tribunal case delays may not top the agenda of new Secretary of State for Justice Alex Chalk, recent data reveals deep and long-term issues, including a staggering half a million current or former employees waiting for their case to trudge forward in the queue, says Heather Wilmot at ARAG.

• ClientEarth Case Shows Shareholder Hurdles In Climate Suits

  

  Climate-related shareholder activism is on the rise, but ClientEarth's recent setback in the High Court case ClientEarth v. Shell suggests that derivative action may not be a fruitful route to force directors to move closer to net-zero targets, say lawyers at Herbert Smith.