Publication
Digital assets and applicable law: in defence of the lex situs
The lex situs is the shorthand Latin tag for the law of the place where an asset is situated.
Fourteenth edition highlights challenges of cybersecurity, balancing data protection and discovery obligations.
We have released our 2018 Annual Litigation Trends Survey. This year’s survey polled 365 senior corporate counsel representing US-based organizations on disputes-related issues and concerns.
Survey respondents report a decrease in the number of lawsuits commenced against their companies over the last year, but that they face more regulatory proceedings and arbitrations in navigating increased cyber risk, data protection and tax issues.
Two thirds of respondents report feeling more exposed in 2018 to cybersecurity and data protection disputes. We asked respondents about the actions they are taking to mitigate risk in this area. Based on the activities reported, we have developed the Cyber Risk Mitigation Framework to provide a comprehensive overview of steps being taken to actively manage exposure to cyber risk.
The survey also found that the growing international nature of many business operations has caused a spike in conflicts related to countries’ differing discovery and data protection laws and regulations. More than half of the legal departments surveyed—11 percent more than last year—report they are increasingly forced to balance one jurisdiction’s discovery obligations with another’s data protection regulations.
Publication
The lex situs is the shorthand Latin tag for the law of the place where an asset is situated.
Publication
Since HM Treasury published the new Cryptoassets Regulations and the Financial Conduct Authority (FCA) published its latest series of consultation papers (CP25/40, 41 and 42) in December 2025, we have a little more clarity on the approach that is likely to be taken to various providers of cryptoasset services, including operators of cryptoasset trading platforms (CATPs).
Publication
As far as the Mergers and Acquisitions (M&A) market is concerned, 2025 turned out to be a tale of two halves. The year began very positively with a downward trajectory in inflation and interest rates expected throughout 2025, and a pro-business deregulatory stance anticipated in the US under the second Trump presidency.
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