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Regulating financial innovation: starting from scratch
In this article Julian Roberts considers the benefits of going back to basics when regulating and litigating financial innovation.
18 March 2024Investor duties and sustainability: the turn towards tackling sustainability challenges
In this article, David Rouch considers growing attention among investors to the question of whether they are legally required or permitted to take steps to tackle humanity’s core sustainability challenges. He outlines some of the circumstances in which they may, potential challenges in doing so and how they can be approached. The article is based on analysis undertaken across 11 jurisdictions, including the major investment hubs, which resulted in a report on the subject for the UNEP Finance Initiative, PRI and The Generation Foundation, published by Freshfields Bruckhaus Deringer in 2021: A Legal Framework For Impact: Sustainability Impact In Investor Decision-making.
18 March 2024The Draft Secured Transactions Code: its main features and lessons learnt
In this article, Richard Calnan discusses the purpose and scope of the Secured Transactions Code.
18 March 2024The Electronic Trade Documents Act 2023: the key to the future?
Innovation is evidence of how trade and trade finance are developing in the international markets with the use of electronic platforms and technology which is constantly changing and improving. Internationally, the law, generally, has been trailing behind commerce and applications for trade. The coming into force of the Electronic Trade Documents Act 2023 (the Act) on 20 September 2023 is the key to legal recognition for certain electronic trade documents under English law. The Act, which is a very short piece of legislation, gives certain documents used in trade and trade finance the same legal status and protection as the equivalent documents in paper form. This article looks at some areas of the Act and the effect of the Act in the context of trade and trade finance.
18 March 2024Taking robust security over warranty and indemnity insurance policies
This article addresses the legal and practical issues for lenders on leveraged buy-outs in relation to taking security over warranty and indemnity insurance policies.
18 March 2024Unlocking the predictive power of AI in the investment management industry
Artificial intelligence (AI) typically “learns” through data points that are fed into its system. Firms using AI-powered tools in the provision of financial services will need to navigate the risks of using such technology, including ensuring there is data integrity to mitigate against the risk of embedded biases within the system’s decision-making process. Transparency and explainability are key to ensuring the decision-making processes of the AI technology can be clearly articulated to clients and regulators. This article considers the regulatory implications of relying on AI in financial services by considering the example of investment advice or portfolio management.
18 March 2024Avanti Communications and the use of textbook and articles when undertaking research
This article considers the recent case of Avanti Communications in which the judge disagreed with one part of the analysis of the fixed charge/floating charge characterisation issue in two practitioner textbooks and in one academic article.
18 March 2024Don’t put all your debt in one basket: debt incurrence flexibility in leveraged finance transactions
The era of cheap debt is over (at least for now). However, debt of course remains a key financing strategy for European companies. Sophisticated sponsors and borrowers are focused on ensuring maximum flexibility for debt incurrence under the terms of their facilities agreement – both to protect against a downside scenario and to ensure sufficient capacity to meet the requirements of their business plans. This article outlines what those flexibilities currently look like in market documents and where they are heading, with a close focus on the institutional term loan market.
18 March 2024Change is the only constant: how to avoid static regulation in the age of AI and other emerging technologies
In this article Wojtek Buczynski considers different approaches to the regulation of artificial intelligence (AI) to ensure it remains future-proof and relevant in the age of continuous technological change.
18 March 2024Hague 2019: extending the lifespan of asymmetric jurisdiction clauses?
In this article Sarah Garvey seeks to assess the potential opportunities and risks for finance parties on the UK’s accession to Hague 2019 and whether finance parties are likely to adapt their approach to drafting dispute resolution clauses as a result. The article also provides a high-level overview of key features of Hague 2019 and highlights areas for future dispute and debate.
18 March 2024
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