Finance Focus - August 2023
Introduction

Welcome to the latest edition of our Finance Focus, looking at some of the legal issues our financial services sector clients have been experiencing over the last few months.
 
For trade financiers, the key security role of the bill of lading is facing a further challenge following the Unicredit Bank AG v Euronav NV case while for those in the world of M&A and corporate finance, the new edition of notes (2023) being incorporated into the NSI Regime guidance provides for an accelerated assessment process in cases involving 'material financial distress'.
 
The economic climate is such that many are now planning for increased insolvencies so we highlight some traps and, more helpfully, some tips for directors wishing to protect themselves in a downturn. We also consider the impact of the Biden/Sunak joint announcement in June of a commitment in principle to establish a 'data bridge' for UK to US and EU to US data flows.
 
Finally, but most importantly, we turn to digital issues that now underline so much of the legal advice we are providing, looking first at the liability of blockchain developers and then the impact of empowering AI in employment decision making. 
 
At the end, you will find details on a selection of our financial services events in the months ahead, which you would be very welcome to attend.
 
Unicredit Bank AG v Euronav NV: is a charterparty bill of lading now worthless security?

The Court of Appeal addressed two key issues in May this year in its decision in the Unicredit v Euronav appeal: (i) the status of a bill of lading in the hands of a voyage charterer after it has ceased to be the charterer under the terms of the charterparty; and (ii) the principles of causation to be applied where a cargo is released without presentation of a bill of lading.
 
The National Security and Investment Act – further guidance on notifications

The National Security and Investment Act 2021 (the NSI Regime) has been in force since January 2022. Following publication of the first set of market guidance notes in July 2022, the government has now published a new edition of notes, which are incorporated into the main NSI guidance.
 
Dangers and tips for directors when facing company insolvency

As the economic outlook remains uncertain, businesses of all sizes and their boards are experiencing mounting pressure from various sources. In particular, directors of companies in financial difficulty face a number of challenges.
 
More digital asset litigation: round two – the Tulip Trading saga continues

Are blockchain developers liable as fiduciaries or otherwise to bitcoin owners who use their software? This is a question that the Court of Appeal decided ought to be considered when it granted permission for Tulip Trading Limited (Tulip) to appeal the High Court’s conclusion that they were not, in August 2022.
 
Update on the UK-US data bridge

On 8 June 2023, US President Joe Biden and UK Prime Minister Rishi Sunak announced that the US and UK had reached a commitment in principle to establish a UK/US ‘data bridge’ between the two countries.
 
Taking the ‘human’ out of HR: the risks of letting artificial intelligence say ‘you’re fired’

Enhancements to artificial intelligence (AI) can improve efficiency with timely HR processes involving hundreds of employees or candidates. Nevertheless, it is still vital to have human oversight in all decision making. 
 
Events

Horizon webinar series 2023
Following the success of the first two webinars, our financial services regulation team has announced the next topics in our Horizon webinar series.
 
Please see here for further details and to register.

Catch up on past episodes
The Horizon series was established to offer you a choice of exciting topics in bite sized chunks over the course of the year. To view past webinar recordings from this series please click here.

Save the date - Trade Finance and Commodities Seminar
Please save the date for our upcoming trade finance and commodities seminar which takes place on Thursday 2 November. If you would like to receive further details, please contact Grant Eldred or George Mingay.
Contacts
Grant Eldred
Partner
Banking and finance
Email Grant
Mona Patel
Partner
Corporate 
Email Mona
Matthew Martin
Partner 
Corporate
Email Matthew
Joanne Vengadesan 
Partner
IP, IT and commercial
Email Joanne
Charlotte Hill
Partner
Commercial dispute resolution
Email Charlotte
Anna Frankum
Partner
IP, IT and commercial
Email Anna
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