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Latham.London Blog

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Consumer Duty Update: FCA Issues Dear CEO/Director Letters Setting Priorities for Sectors

United Kingdom - February 6 2023 On 3 February 2023, the FCA published Dear CEO/Director letters underscoring the immediate (i.e., during the implementation period up until 31 July…

Buying Bonds or Selling Tulips: Dutch Auctions and Other Debt Repurchase Strategies for PE

Netherlands, USA - January 30 2023 Bond issuers may wish to pursue an unmodified reverse Dutch auction for debt repurchases, an effective but underutilised transaction template that is…

PE on Red Alert for Greenwashing in Light of UK Developments

OECD, United Kingdom - January 30 2023 PE firms face growing regulatory and litigation risks from greenwashing claims as they navigate a fragmented anti-greenwashing landscape. Amid…

PE Must Strike the Right Balance With Unions

United Kingdom - January 30 2023 PE acquirers should view unions as stakeholders and factor possible or actual engagement obligations with them into the deal process. Widespread…

W&I Insurance: Hard Staple, Hard Sell?

United Kingdom - January 30 2023 Warranty and indemnity (W&I) insurance has become an important component of European PE transactions in recent years. However, changing market…

High Court Confirms Nuanced Approach to Waiver of Privilege

United Kingdom - January 4 2023 The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is referred to in witness statements…

European Commission Proposes Reform on Liability Rules for Artificial Intelligence

European Union - December 22 2022 The directives aim to assist claimants in proving the causation of damages and product defectiveness in complex AI systems, creating legal certainty…

Further Evolution of the UK Online Safety Bill Removes “Legal, But Harmful” Content Obligations and Increases Children’s Safety Measures

United Kingdom - December 21 2022 The amended bill aims to safeguard freedom of expression whilst still protecting children and adult users in the online environment. The Online Safety…

FTC Seeks Public Comments on Green Guides as Part of 10-Year Review Cycle

USA - December 20 2022 On December 20, 2022, the Federal Trade Commission (FTC) published a notice (hereinafter, the 2022 Notice) requesting public comments on its Guides for

Avoiding Misadventures in Venture: Considerations for European Corporates

European Union - November 14 2022 European corporate venture capital teams should reflect on their rights in light of falling valuations, revised exit expectations, and other…