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Sanctions Update: new US guidance for overseas sanctions enforcement, the impact of the EU's "no Russia" clause for certain businesses, the EU's new liability directive and some notable sanctions de-listings and challenges

This update provides a brief summary of some notable recent developments from an international sanctions perspective. This includes the publication of a 'Tri-Seal Compliance Note' by certain government bodies in the US, emphasising the potential applicability of US sanctions to non-US persons and the corresponding risks of non-compliance, the impact of the EU's new "no Russia" law, which requires certain contractual obligations to be satisfied when exporting specific goods from the EU, and  the EU's new directive imposing criminal liability on those looking to circumvent its sanctions regime.

The Digital Markets, Competition and Consumers Act – Strengthened Investigatory & Enforcement Powers for the CMA

What does the new Digital Markets, Competition and Consumers Act 2024 mean for competition law enforcement? Our five key takeaways are below, covering the substantive reforms made to investigations across the UK competition law sphere.

JIBFL: Rated subscription lines: bringing fund governing documents and finance documents into focus

This article was first published in the May 2024 issue of Butterworths Journal of International Banking and Financial Law.

In this In Practice article we will explore the benefits of obtaining a rating for a subscription facility. By reference to ratings criteria announced by the main agencies, we will explore how the limited partnership agreement, side letters and the related finance documentation are analysed to arrive at a rating.

B2C contracts and clickwrap terms: the £1 million lottery case and what you can learn from it

A recent dispute over whether a consumer had won £1 million in an online game has some important lessons for B2C businesses and their online terms and conditions, particularly when errors or software glitches occur. Ariana Shaw, a trainee in our Technology & Commercial Transactions team, provides a visual guide to the case, which involved the former National Lottery operator Camelot.

ESMA Guidelines on Fund Names

The European Securities and Markets Authority (ESMA) has published its final guidelines on fund names using ESG or sustainability-related terms (Guidelines). The Guidelines are primarily motivated the ESMA's desire to combat greenwashing and are intended to specify the circumstances where the fund names using ESG or sustainability related terms are unfair, unclear or misleading.

EuroChem and Zephyrus: Recent cases test limits of exclusive jurisdiction clauses

Two recent High Court decisions illustrate the approach of the English courts to the construction of clauses arguably conferring exclusive jurisdiction for disputes on foreign courts. The High Court concluded that it should override the exclusive jurisdiction clause in Zephyrus but it would not have been prepared to do so in EuroChem. In each case, the High Court ultimately concluded that it had jurisdiction in relation to the parties' dispute.

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