Perspectives – Legal Developments Series

Near-final reforms in CRD VI will create new obstacles for non-EU banks offering their services on a cross-border basis from 2026. Our panel of regulatory lawyers will examine the new cross-border regime in detail, with a focus on scope, potential exemptions and the impact on currently used cross-border arrangements. We will also discuss the new rules governing EU bank branches. In particular, we will consider from both the bank and customer perspective how to use the new cross-border regime and what measures regulators will expect to be in place when implementing the new rules.

Sustainability-linked products have gone from strength to strength, and there are well-established and widely used principles for sustainability-linked bonds and loans. Attention has recently turned to sustainability-linked derivatives with ISDA publishing a library of standardised clauses to support market participants in exploring these opportunities. In this session we will look at how these transactions are developing and how they interact with other sustainability-linked products, as well as some of the regulatory considerations and potential risks to be addressed.

A new and complex regulatory landscape for the sale, purchase and credit servicing of non-performing loans (NPLs) has been introduced by the EU Non-Performing Loans Directive. We will examine what the NPL Directive means for those trading NPLs in the secondary loan market and the new rules they are required to comply with. We will also draw upon the expertise of our colleagues across the EU to provide insights on implementation of the NPL Directive in key jurisdictions and assess the challenges and uncertainties of navigating the different regimes when selling, purchasing or servicing NPLs on a cross-border basis.

Companies are under pressure to make public commitments to reach net-zero. However, many of the net-zero commitments announced so far are aspirational without clear and detailed plans as to how to achieve them. Our global panel discusses the regulatory trend towards binding climate-related targets and disclosures, and the latest transition planning guidance for companies, including the UK Transition Plan Taskforce’s disclosure framework, to help them prepare and disclose credible and robust transition plans and to combat perceptions of ‘greenwashing’.

The global trend towards increased cybersecurity and resilience regulation will tighten existing requirements and affect a broader range of businesses than ever before. From updates in SEC and NYDFS cyber requirements, to Singapore's proposed Cybersecurity Amendment Bill, our global panel will examine developments in the US, APAC, Europe and the Middle East.

Join our panel as they discuss the sustainability due diligence regulations which are being considered across the globe, how they interplay with legislation already in place, and the impact on businesses.

This session will look at the global development of regulatory frameworks for AI, including emerging trends and diverging approaches being taken in different jurisdictions. This will include the EU's AI Act, US developments at federal and state level, the UK perspective and the measures being taken in China to tackle regulation of generative AI and deepfakes.

AI, next-gen robotics, novel drugs, healthcare without healthcare professionals, personalised medicine and big data are just some of the ways the healthcare sector is being transformed. What does this mean for you and your organisation? Join us to discuss the key legal issues and to explore how to leverage these for your own transformation and growth.

The introduction of the new criminal offence of Failure to Prevent Fraud, along with a broadening of corporate criminal liability, represents a fundamental shift in the fight against fraud and economic crime. This is coupled with a renewed focus on the enforcement of domestic criminal fraud by the Serious Fraud Office and Crown Prosecution Service. In this session, we will look at corporate fraud risk and identify what businesses need to do now.

Our panel will take a closer look at developments in the regulation of AI systems in the UK and EU that are directed specifically at the insurance sector. This includes comparing the EU AI Act with the latest information on the PRA and FCA's approach to AI regulation that will affect the insurance sector value chain. We will consider how the insurance sector in the UK and EU could prepare for these new regulations, with a focus on the potential implications for governance arrangements and systems and controls.

The UK is now well advanced in its post-Brexit project of replacing the onshored securitisation regulation with a combination of UK legislation and regulator rulebooks. In this session, our panellists will discuss the forthcoming new 'Smarter Regulatory Framework' UK securitisation regime (or regimes!), highlight any differences between the various sets of rules, and assess the practical impact on the markets. We will also discuss the pipeline of changes yet to come to the UK securitisation regulatory landscape.

This session offers a deep dive into the phenomenon of 'delayering' within the telecoms industry, with insights into the risks, opportunities and key things to look out for as the telecoms industry goes through this period of transformation.

Foreign investment screening regimes are expanding in number and in scope and European Commission proposals for a revised EU FDI Regulation would exacerbate that trend. In addition, the US is set to introduce restrictions on outbound investments and is pressuring its allies to follow suit. While the US regime is aimed at investments by US persons into Chinese targets, many other transactions will be caught up in its scope. This session will cover the various implications of these regimes for financial institutions and investors, including the risks that their investments are delayed, prohibited or subject to remedies even if they are from friendly countries.

What makes procuring AI different from procurement of other software or services? How does this affect your contract terms and supplier onboarding and management processes? When there is limited scope for negotiation, where should you focus your efforts? In this session we will discuss strategy and practical tips for contracting for AI.

In the current geopolitical context, this session will cover the challenges that companies faced with, contemplating or involved in disputes will need to take into account when enforcing any successful Judgments or Awards. Our panel will look at private enforcement options through treaties, identification of assets and practical considerations, the implications of enforcing against sanctioned entities and difficulties arising from state immunity.

After the huge successes of recent years and the continued global expansion of the pool of private credit, what does the future hold? Will the boom times continue or will enthusiasm be dampened by the resurgence of syndicated bank loans and the return of CLOs? Our panel of private credit lawyers from the US, Europe and APAC regions will consider the future of, and developments in, private credit in these markets against a background of the long-awaited rise in M&A activity.