Knowledge

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Knowledge

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Better regulation: what's missing from the Government's approach?

Most businesses would agree that better regulation is a desirable goal – but how do you actually achieve it? In the first of a series of briefings on regulatory reform across a range of different sectors, we look at the implications for business of the UK Government's approach to regulation and how far it is likely to succeed.

University of Dundee v Chakraborty: can a non-privileged document retrospectively acquire privileged status?

In the recent decision of University of Dundee v Chakraborty [2022] EAT 150, the Employment Appeal Tribunal (EAT) considered whether a report, which had at an earlier stage of proceedings been non-privileged, could acquire privileged status following the incorporation of legal advice by solicitors. The case provides a helpful restatement of the rules relating to legal advice and litigation privilege.

COP27: What is it and why is it important?

COP27 is due to take place in Egypt from 6 to 18 November 2022. The summit comes at a time when there are acute energy issues across the globe, increasing numbers of extreme weather events and worrying data from the Intergovernmental Panel on Climate Change ("IPCC") which indicates we may not be doing enough to avoid the worst aspects of the climate crisis.

FCA consultation on new UK sustainability disclosure regime and investment labels

Having previously been expected earlier this year, the FCA has now published its consultation paper on the proposed new sustainability disclosure requirements (SDR) regime and a set of consumer-friendly sustainability labels. This is, in effect, the UK's answer to the EU Sustainable Finance Disclosure Regulation (EU SFDR), although the proposed UK regime goes further in terms of having formal product labels and is bolstered by rules already in force that require many firms to report climate-related risks and opportunities in accordance with the TCFD guidelines (covered in our 2022 New Year Briefing).

On course for an EU-US adequacy decision?

On 7 October 2022, President Biden issued an Executive Order (EO) that seeks to address the concerns set out in the Schrems II decision about US intelligence agencies’ access to EU individuals’ personal data. The EO is a significant step towards an EU-U.S. adequacy decision (expected in Spring 2023, if approved by member states) but, if granted, will that adequacy decision be sufficiently robust to withstand a likely legal challenge? 

Sanctions Update: UK enforcement, international regulator collaboration and further restrictive measures taken in response to Russia's invasion of Ukraine

This update provides a brief overview of some notable events that have occurred in recent weeks, including the UK Government's increasing ability to target activities considered to be problematic from a circumventing Russian sanctions perspective.

Financial services outsourcing: UK plans to regulate service providers as well as their customers

The UK Government is proposing greater regulatory oversight of financial services outsourcings involving "Critical Third Parties" (CTPs). If implemented, these changes will result in CTPs – some of which may not regard themselves as part of the finance sector - being regulated directly by financial services supervisory authorities. This would represent a major shift in approach.

New EU Proposed Regulation seeks to ban products made using forced labour

The EU recently revealed its proposal for a new Regulation to combat the use of forced labour in the production of goods. A key aim of this new Regulation is that it will be used alongside other initiatives within both the EU and externally, in order to further eliminate modern day slavery from supply chains.

ESG risk and the tech and automotive sectors: why Tesla's proposed "solution" to the supply chain pinch may not be for everyone

Surging commodity prices are creating headaches in the tech and automotive sectors, with the cost of key materials such as lithium, cobalt and nickel (key components in electric car batteries) rising following supply chain disruptions associated with Covid and the war in Ukraine. 

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