Major economies worldwide are changing their laws to implement UNCITRAL’s Model Law on Electronic Transferable Records (MLETR) to streamline trade flows and logistical steps with the aim of expanding access to financing, reducing fraud and achieving ESG compliance and reporting with transparent supply chains. Our panel shared the market and legal developments across loans and related security structures, receivables financing and other structured finance and credit enhancement solutions. We covered risk mitigants and provided practical insights into use cases for electronic documents including storage reports, bills of lading, bills of exchange and promissory notes and navigating a more data-driven and paperless trade environment in 2025 and beyond.

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Governments and corporations are together investing billions to drive progress in realising the potential of quantum technology. Currently, truly transformational, quantum use cases exist more in theory than practice. However, businesses investing in this technology or preparing for quantum disruption must already consider various legal obligations and restrictions and regulatory expectations, ranging from investment restrictions and export controls to cyber resilience requirements. Our panel cut through the hype, explored the commercial and legal implications of the current state of technological progress, and shared concrete steps you can implement in your organisation today.

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Credit protection is as old as banking itself, but in recent years it has taken on a new significance. The recognition of credit risk mitigation for regulatory capital purposes has been a market preoccupation for over two decades, accelerated by the financial crisis in 2008 and successive subsequent market stresses, not least Covid. Timothy Cleary and Charles Morris of Clifford Chance, authors of the first comprehensive treatment of credit risk mitigation and synthetic securitization – written by and for lawyers, but focusing on the prudential regulatory treatment, discussed its terms. Not only will this appeal to lawyers engaged in banking and securitization work, but to anyone curious to understand how the financial markets and the regulatory system have developed and the direction they will take.

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To mark the launch of Clifford Chance’s report 'Scaling the global carbon markets: a way forward for the VCM and Paris mechanisms', we hosted a panel event to examine the Paris Agreement Article 6 carbon market mechanisms and how they will interact with the existing voluntary carbon markets. We were joined by a panel of industry specialists from across the carbon market ecosystem who discussed a range of key issues, including: the mechanics of Article 6 transactions, who we expect to participate in these new markets, and the role of other key stakeholders – including private finance, the Government, IC-VCM, technical consultants and the carbon ratings agencies.

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In this session, Clifford Chance specialists were joined by Andrew South of S&P Global Ratings to examine recent changes to the way in which the securitisation markets operate. We focused on the rise of private credit and changes to EU and UK securitisation regulatory frameworks (including bank and insurer prudential frameworks). Through this lens, we shared some thoughts on both the direction and extent of changes to securitisation markets we expect in the short to medium term.

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In this session, we navigated the intricate dynamics of structuring and enforcing over collateral involving double Luxcos, Anglocos, Dutchcos, and French Fiducie. Our panel of legal professionals, accompanied by a valuation expert and a security trustee, shared their first-hand experiences and also examined the interplay between enforcement strategies and intercreditor considerations, providing a comprehensive understanding of the nuances involved in these cross-border structures.

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The UK’s consumer enforcement regime has been turbocharged following the recent introduction of the CMA’s tougher enforcement powers, which enable it to impose substantial fines (up to 10% of group global turnover) on companies that breach consumer protection law. This makes compliance with UK consumer protection law a significant risk management issue for any business – whether or not it is based in the UK – that supplies products or services for UK consumers. Our panellists shared practical insights into how businesses should adapt to the new risks, particularly in view of any lessons learned from the consumer enforcement landscape in jurisdictions such as France.

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From personalised medicine, improvements in medical robotics, new methods of drug discovery and design, to medical research, AI is enabling advancements and efficiencies across healthcare and life sciences. Navigating relevant, evolving legal frameworks is crucial. What will new AI legislation and other digital regulation mean for AI-enabled healthcare, research and devices? What can organisations do to protect their intellectual property and manage IP, data and cyber risks? Our global panel discussed key legal considerations for healthcare and life sciences organisations leveraging AI and for investors in the healthcare sector.

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Since their inception, restructuring plans have been powerful and highly contentious tools within the domestic and cross-border restructuring markets. In light of the increasing number of challenges being considered by the English court, our panel (comprising founding members of the Clifford Chance Contentious Insolvency Unit, as well as a leading barrister in this field) focused on the key points companies and dissenting creditors will need to navigate, and the novel strategies that parties are importing from the world of commercial litigation. We also considered the developments that we think are on the horizon.

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Asset-backed finance (ABF) is a rapidly growing market that is seen by many as the next frontier in private credit’s evolution alongside the greater use of fund finance to leverage investments. ABF is broad and encompasses lending across asset classes – from portfolios of buy-now-pay-later loans and credit card receivables, to residential and commercial real estate, to music royalties and aviation and corporate credit. The increasing adoption of co-origination platforms between banks and private credit providers utilises tried and tested structuring techniques but is noticeable for its increased scale. Our panel discussed recent trends in the private ABF space and what’s next for private credit. What are the opportunities and challenges faced by market participants as the investment landscape becomes ever more competitive?

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As artificial intelligence becomes mainstream and increasingly advanced, organisations face changing litigation and regulatory enforcement risks. Our panel discussed key areas of AI-related litigation and enforcement, including privacy issues, cybersecurity, intellectual property, consumer protection and “AI washing”. Looking at recent cases and enforcement and anticipating potential hotspots in 2025, we also discussed practical approaches to AI risk management for organisations using AI and for financial investors.

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The October 2024 Court of Appeal decision was a shock to the UK consumer financial services sector – both developing the law and creating some doubt over what the law is in respect of payments to intermediaries in the financial services sector more broadly. In the week before the Supreme Court hears the appeal, our panel featuring Simi Arora-Lalani, Simon Crown, Kevin Ingram and Kate Scott reviewed the key legal and regulatory issues and considered the likely outcomes, both in respect of the common law, but also in terms of the FCA rulebook and developing market practice on commission payments and disclosure.

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In this webinar, our panel – Devika Kornbacher, Steve Nickelsburg, Jeroen Ouwehand, Dessislava Savova and Thomas Voland – examined legal considerations for global businesses navigating regulatory change on technology (including AI), data and on ESG/sustainability in the US and the EU. We will also discussed practical steps in managing the extra-territorial effects of key regimes in the context of a rapidly changing policy environment in both the US and the EU, areas of enforcement prioritisation and de-prioritisation, and risk mitigation strategies for boards and management.

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The landscape for cross-border business is increasingly disrupted and uncertain. Under the new US administration, traditional political alliances no longer guarantee stability, and tariffs and other trade barriers are increasingly being linked to broader policy objectives in a broad range of areas – including technology and digital regulation, defence and national security, immigration, health, and industrial policy. The turbulence is set to continue as we see how countries respond to new US measures and the ripple effects of their shifting positions on international trade. In this webinar, our panel including Jessica Gladstone, Karalyn Mildorf, Jeremy Stewart, Thomas Voland and Janet Whittaker discussed the fast-moving political and legal developments in this space, and what businesses can do to remain agile and navigate the dynamic conditions ahead.

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Antitrust authorities in the US, UK and the EU are signalling changes in their approaches to clearing mergers. As a result, some deals may have better prospects of clearance. In particular, agencies may be prepared to give more weight to pro-competitive efficiencies and supply chain resilience considerations as well as be more open to a wider range of remedies than in the past. In this webinar moderated by Bruce Embley, our panel including Leigh Oliver, Philipp Girardet and Michael Grenfell discussed these changes and what they mean for your deal planning.

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