Law360, Expert analysis: The EU has handed its courts a powerful new weapon against Russian efforts to derail international arbitration.

Privilege and confidentiality Privilege is a special protection afforded to communications between lawyers (and in certain circumstances, third parties) and their clients. The key principle is that a person should be able to consult with their lawyer freely, assured that the confidence in any information provided will be maintained and protected. Privilege accordingly provides a right to resist disclosure of a document where permitting the inspection of such document might otherwise be compulsory. For an overview of the meaning and rationale underpinning privilege, see Practice Note: Privilege—general principles. Privilege can only be claimed in respect of documents which are confidential and only if certain further conditions are satisfied. It follows that if a document ceases to be confidential, it will not be possible to claim privilege in the future. In providing access to privileged advice, an obvious concern is that confidentiality may be lost which will disadvantage the company, and the proposed

We have assumed that: • the landlord does not own the neighbouring property • there is nothing in the title re maintenance of the fence • the fence does not fall within the Party Wall etc Act 1996, and • there is no contractual relationship between the landlord and the person responsible for the fence In absence of any party wall agreement or covenant within the title deeds relating to maintenance, there aren’t many legal options available to force a neighbour to fix their damaged fence. There may be a course of action available should the fence present a danger to the highway or occupiers of adjoining land however. Commentary: Liability for dangerous fences: Halsbury's Laws of England provides that: ‘A

Arbitration analysis: The decision of the Commercial Court (Mr Justice Trower ) in Seacrest Group Ltd v BCPR Pte Ltd included a number of findings that are likely to be of importance to arbitration practitioners. One that may have a significant impact is the court’s findings in relation to the status of statements made by a tribunal after it has rendered its award, in particular the relevance and admissibility of such statements as evidence in the context of a challenge to an arbitration award. Written by Rupert Hamilton, barrister at Twenty Essex Chambers.

ARCHIVED: This Practice Note has been archived and is no longer maintained. It provided information on the enforcement approach of the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) with regards to bribery and corruption offences under the Foreign Corrupt Practices Act 1977 (FCPA 1977) prior to the Executive Order of February 2025 pausing all investigations and prosecutions under the Foreign Corrupt Practices Act (FCPA) and the later publication of revised DOJ guidelines for investigations and enforcement of the FCPA. For further information, see the DOJ FCPA Guidelines as well as News Analyses: Foreign countries have strong foundation to fill FCPA void, DOJ signals major shift in white collar enforcement priorities and Feds reboot FCPA agenda with narrower enforcement focus. The US Foreign Corrupt Practices Act of 1977 (FCPA) is part of US federal law, which prohibits corrupt payments to or for foreign public officials. It is, therefore, the US equivalent of the Bribery Act 2010 (BA 2010) (and preceding UK legislation) dealing with bribery

ARCHIVED: This Practice Note has been archived and is no longer maintained. It provided information on the investigatory authority of the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) with regards to bribery and corruption offences under the Foreign Corrupt Practices Act 1977 (FCPA 1977) prior to the Executive Order of February 2025 pausing all investigations and prosecutions under the Foreign Corrupt Practices Act (FCPA) and the later publication of revised DOJ guidelines for investigations and enforcement of the FCPA. For further information, see the DOJ FCPA Guidelines as well as News Analyses: Foreign countries have strong foundation to fill FCPA void, DOJ signals major shift in white collar enforcement priorities and Feds reboot FCPA agenda with narrower enforcement focus. The US Foreign Corrupt Practices Act of 1977 (FCPA) is part of US federal law, which prohibits corrupt payments to or for foreign public officials. It is, therefore, the US equivalent of the Bribery Act 2010 (and preceding UK legislation) dealing with bribery and corruption though

This Practice Note looks at dealing with an application for a licence for alterations under an existing commercial lease (eg as a lease management transaction). It sets out the context of when and why a tenant makes an application for consent to carry out works and the commercial drivers for the landlord and tenant. It then gives an overview of the transaction process and walks you through the key legal and commercial considerations. A tenant’s lease governs the extent to which it may make alterations to the demised premises. For guidance on negotiating an alterations clause in a lease, see Practice Note: Negotiation guide—alterations clause—commercial leases. This Practice Note does not cover the additional considerations that apply to alterations to an existing higher-risk building (eg subject to certain exclusions, a building that is over 18 metres or seven storeys high and that is of a description specified in regulations—broadly (i) hospitals, (ii), care homes, or (iii) buildings that have at least two residential dwellings (in England), or one residential dwelling

This Practice Note looks at dealing with an application for a licence to assign an existing commercial lease (ie as a lease management transaction). It sets out the context of when and why a tenant makes an application for consent to assign and the commercial drivers for the landlord and tenant. It then gives an overview of the transaction process and walks you through the key legal and commercial considerations. A tenant’s lease governs the extent to which it may dispose of the premises by assigning its lease. For guidance on negotiating an assignment clause in a lease, see Practice Note: Negotiation guide—alienation clauses—commercial leases. Understanding the commercial context—background and key concerns Almost without exception, commercial leases contain some form of limitations and conditions on the tenant assigning the lease. See ‘Is landlord’s consent required to the assignment?’ below. Tenant—key commercial drivers and issues A tenant can make an application to assign at any time during the lease term. The ability to assign the lease is key to unlocking options for the tenant

This Practice Note looks at dealing with an application for a licence to underlet the premised demised by a commercial lease (ie as a lease management transaction). It sets out the context of when and why a tenant makes an application for consent to underlet and the commercial drivers for the landlord and tenant. It then gives an overview of the transaction process and walks you through the key legal and commercial considerations. A tenant’s lease governs the extent to which it may dispose of the premises by underletting them. For guidance on negotiating an underletting clause in a lease, see Practice Note: Negotiation guide—alienation clauses—commercial leases. Understanding the commercial context—background and key concerns Almost without exception, commercial leases contain some form of limitations and conditions on the tenant underletting. See ‘Is landlord’s consent required to the underletting?’ below. Tenant—key commercial drivers and issues A tenant can make an application to underlet at any time during the lease term. The ability to underlet is key to unlocking options for the tenant in different

Private M&A transactions, whether they be for the sale and purchase of a company or a business, are concluded by way of an exchange (or signing) of contracts and completion (or closing) of the transaction. At exchange, the parties sign and execute the formal documentation for the transaction, including a share purchase agreement or asset purchase agreement. At completion, the requisite formalities to complete and implement the transaction are undertaken, including delivery of title certificates (shares or other) and other assets. Exchange and completion may occur simultaneously or may be split, depending on whether the agreement for the transaction is unconditional or conditional, respectively. In addition, exchange and completion may occur in face-to-face meetings or virtually (via telephone, email or other electronic means of communication). For further information, see Practice Note: Issues arising where there is split exchange and completion—share and asset purchases. This document provides practical guidance on requirements for exchange and completion, and on the legal and practical issues to be considered by solicitors leading up to and at exchange

ARCHIVED: This Practice Note has been archived and is no longer maintained. It provided information on the Corporate Enforcement Policy issued by US Deputy Attorney General Rod Rosenstein in relation to the US Foreign Corrupt Practices Act of 1977 (FCPA 1977) prior to February 2025 prior to the Executive Order of February 2025 pausing all investigations and prosecutions under the Foreign Corrupt Practices Act (FCPA) and the later publication of both the enforcement memorandum of May 2025 and the revised DOJ guidelines for investigations and enforcement of the FCPA in June 2025. For further information, see the DOJ Memorandum: Focus, Fairness and Efficiency in the Fight Against White-Collar Crime, DOJ FCPA Guidelines as well as News Analyses: Foreign countries have strong foundation to fill FCPA void, DOJ signals major shift in white collar enforcement priorities and Feds reboot FCPA agenda with narrower enforcement focus. On 29 November 2017, Deputy Attorney General Rod Rosenstein announced a revised US Department of Justice (DOJ) Foreign

Ireland—Employment analysis: This article, written by Louise O’Byrne, Partner (Employment), of Arthur Cox LLP, outlines the practical steps employers should take to prepare for the key obligations under the EU Platform Work Directive (Directive (EU) 2024/2831).