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Your Weekly Dose of Commercial Awareness

Simmons & Simmons Defends BT in Landmark £1.3 Billion Class Action Victory

Clear Law Weekly Roundup: Your Commercial Edge in Focus

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Simmons & Simmons has successfully defended a £1.3bn class action lawsuit brought in the Competition Appeal Tribunal (CAT) by class representative Justin Le Patourel.

The CAT dismissed the claim in a 1428-paragraph ruling, prompting predictions that the decision would dampen enthusiasm among litigation funders to support similar collective actions.

It was argued that BT had abused its dominant position over three million consumers by charging unfair prices to two groups of customers.

First, residential consumers who bought voice-only landline phone services without broadband internet. Second, customers who purchased landline and broadband services but not a single bundle—the so called “split purchase” customers.

In summary, it was concluded that just because the price was excessive did not mean it was also unfair.

This month also saw a settlement reached in the landmark UK collective action against Mastercard over the alleged overcharging of credit card fees that was at one point valued at £17bn.

Today's Top 5 Headlines You Can't Miss!

Stay ahead of the game with the hottest stories shaping the business and legal world. 🚀 Here’s your fast track to this week’s must-know news:

🔹 Tech: Microsoft solidifies its position in AI with the largest acquisition of Nvidia AI chips to date. This strategic move underscores Microsoft’s continued dominance in the AI space and signals further advancements for its cloud and AI services.

🔹 Transport: In a major shift for the automotive industry, Nissan and Honda are in merger talks. This potential partnership could reshape Japan’s auto sector, boosting innovation and competitiveness in the electric vehicle market.

🔹 UK Infrastructure: The UK’s electricity networks are set to invest an unprecedented £77 billion in clean energy infrastructure. This ambitious initiative aims to accelerate the country’s transition to sustainable power and meet net-zero targets.

🔹 Venture Capital: AI and data analytics company Databricks secures $10 billion in the largest US venture capital deal of the year. The funding highlights strong investor confidence in AI-driven innovation.

🔹 UK Property: Sadiq Khan’s flagship London housing fund faces scrutiny, with auditors warning it may require a taxpayer-funded bailout. Repeated missed repayments on a £300 million state loan raise concerns about financial oversight and the future of London’s affordable housing initiatives.

Which headline sparks your curiosity? Dive in and stay commercially sharp!

Today's Detailed Report: Dive into the Key Insights 📊 

OpenAI’s biggest backer bought nearly half a million GPUs this year in a race to build AI systems

Microsoft bought twice as many of Nvidia’s flagship as any of its largest rivals in the US and China this year, as OpenAI’s biggest investor accelerated its investment in AI infrastructure.

  • Microsoft bought 485,000 of Nvidia’s Hopper chips this year.

This year, Big Tech companies have spent tens of billions of dollars on data centres running Nivdia’s latest chips, which have become the hottest commodity in Silicon Valley since the debut of ChatGPT two years ago kick-started an unprecedented surge of investment in AI.

Microsoft’s Azure cloud infrastructure was used to train OpenAI’s latest 01 model, as they race against a resurgent Google, start-ups like Anthropic and Elon Musk’s xAI, and rivals in China.

ByteDabce and Tencent each ordered 230,000 of Nvidia’s chips this year, including the H20 model, a less powerful version of Hopper that was modified to meet US export controls for Chinese customers.

Amazon and Google, along with Meta are stepping up the deployment of their own customer AU chips, and bought 196,000 and 169,000 Hopper chips respectively.

Nvidia’s value soared to $3tn this year. However, there are concerns over Big Tech opting to rely on its own custom AI chips and disruption to its business in China from Donald Trump’s incoming administration in the US.

Impact on Law Firms

  1. AI and Data Protection: AI models require massive datasets. Ensuring compliance with data privacy regulations (e.g. GDPR, CCPA) will be crucial, especially with cross-border data transfers and the rise of AI-driven cloud services. As the AI systems grow, vulnerabilities and breaches in AI infrastructure become more likely. Legal advice on cybersecurity policies, risk assessments, and data breach responses will be in high demand. Therefore, there will also be a need to advise on ethical AI deployment and ensure fairness. transparency, and accountability in AI systems will be a growing practice area.

  2. Mergers and Acquisitions: The race for AI dominance will drive more acquisitions of AI startups and tech companies. Law firms will handle due diligence, regulatory approvals, and deal structuring for these transactions. Big Tech may form strategic alliances with AI firms, requiring legal expertise in drafting and negotiating these agreements.

  3. Public Law: Firms will shape and interpret new AI laws and policies, including export controls on AI chips and international AI standards. Big Tech’s alliance on AI infrastructure will drive lobbying efforts, with law firms advising on policy advocacy and regulatory compliance.

Nissan and Honda hold merger talks

Nissan and Honda are in exploratory talks about a merger of the two carmakers that would create a $52bn Japanese behemoth.

The two companies are studying ways to combine that would help them better compete at a time when traditional carmakers are grappling with fast-growing Chinese EV manufacturers, and slower-than-expected consumer demand for EVs.

Shares in the company:

  • Nissan: closed up 23.4%

  • Honda closed down just over 3%

The merger could receive backlash for job cuts.

The combined company would rank as the world’s third-largest carmaker behind Toyota and Volkswagen based on last year’s sales volumes, giving it a scale to compete with Tesla and China’s BYD.

The merger will give the enlarged company a major US manufacturing footprint, helping both brands to minimise the impact of tariffs that Trump is proposing on imports from Mexico.

The two companies will need to work out their different corporate structures.

The Japanese government floated the idea of merging Nissa and Honda in 2020. Officials believe that domestic carmakers cannot compete with Chinese rivals on EVs and software as standalone companies, despite the concerns about employment.

Impact on Law Firms

  1. Mergers and Acquisitions: Law firms will experience increased demand for M&A expertise to handle the complex and high-value merger of Nissan and Honda, which is valued at $52bn. This deal involves extensive due diligence, contract negotiations, and regulatory approvals on a global scale. Lawyers are likely to advise on structuring the merger, including determining share swaps, cash transactions, or hybrid models, also conducting comprehensive reviews of both companies’ financials, contracts, IP assets, and liabilities.

  2. Antitrust and Competition Law: Given the merger’s scale, antitrust regulators in multiple jurisdictions will scrutinise the deal to ensure it does not harm competition. Law firms with strong competition law practices will see heightened activity. Lawyers will get involved in securing approvals from regulators in Japan, the US, the EU, and other relevant markets. They are also likely to develop strategies to address concerns about reduced competition in the automotive market.

  3. Employment and Labour Law: The merger may lead to job redundancies and workforce restructuring, prompting labour disputes and employee negotiations. Law firms specialising in employment law will need to manage these challenges. Lawyers will advise on the legal compliance for layoffs, severance packages, and workforce integration and represent the companies in discussions with trade unions and employee representatives.

UK’s electricity networks plan “unprecedented” £77bn investment in clean power push

Britain's electricity transmission network owners have set out plans to invest up to £77.4bn between 2026 and 2031 in a boost to the UK government’s clean power targets.

National Grid, which owns the transmission network in England and Wales, has submitted plans to the regulators to invest up to £35bn over the period.

Scottish Power Energy Networks, which covers transmission for central and southern Scotland, said it planned to invest £10.5bn, while SSEN Transmission, which covers northern Scotland, said earlier that it planned to spend up to £31.7bn.

It marks a big step in investment, which will help the UK meet its target of decarbonising the electricity system by 2030.

A huge backlog in connection requests has built up over the past few years, raising concerns that limited network capacity is holding back renewable energy development and wider economic growth.

The plans also risk raising questions over the effect on Britain’s consumer energy bills, which include a charge to fund the networks.

Impact on Law Firms

  1. Renewable Energy and Decarbonisation Strategies: Firms advising on renewable energy projects (wind, solar, and other low-carbon technologies) will see an increase in work related to procurement, environmental impact assessments, planning approvals, and permitting. Developers and energy firms looking to capitalise on decarbonisation targets will need legal advice on environmental law, subsidies, and incentives related to clean energy initiatives.

  2. Litigation and Dispute Resolution: Large infrastructure projects can give rise to disputes involving contract performance, delays, cost overruns, and supply chain issues. Law firms with strong litigation and dispute resolution practices will see increased demand. Clients may require representation in disputes with contractors, regulatory bodies, or other stakeholders if challenges arise during the execution of projects.

  3. Consumer Protection and Energy Law: With the potential for increased costs for consumers, firms specialising in consumer protection, energy tariffs, and regulatory challenges may be called upon to handle judicial reviews or challenges related to energy pricing. Consumer advocacy groups or businesses concerned about rising energy costs will seek legal avenues to challenge or mitigate impacts.

Databricks raises $10bn in the biggest US venture capital this year

Money Invest GIF by Pudgy Penguins

Gif by pudgypenguins on Giphy

This gives the US data analytics and artificial intelligence company a valuation of $62bn.

The company raised the cash from some of the largest and most active technology investors in the US, including Thrive Capital, Andreessen Horowitz, Insight Partners and Iconiq Growth.

The funding round for the 11-year-old company is exceptionally large by the standards of venture capitalists, who have funded early-stage start-ups at much lower valuations. The deal is a reflection of how VCs are shifting tack as private market balloon.

The new capital will help Databricks compete with AI start-ups like OpenAI and Anthropic for talent, said Ali Ghodsi, co-founder and chief executive of Databricks.

Thrive invested at least $1bn into the round. Thrive, founded by Josh Kushner, has made massive bets in companies including Stripe and OpenAI.

The vast majority of the $10bn will go towards helping employees at the start-up cash out lucrative stock options and pay the taxes they incur when those options vest. Finding ways to release the pressure on employees would help start-ups such as Databricks compete for talent with public companies such as Alphabet, where employees can sell their shares at any time.

The remainder of Databricks’ new capital will be invested in new AI products, acquisitions, and significant expansion of its international go-to-market options.

Impact on Law Firms

  1. Venture Capital and Private Equity Advisory: The size and nature of this funding round reflect a growing trend of late-stage VC investments and high-value deals. Law firms advising VC firms, private equity investors, and tech start-ups will see more activity around large-scale investments, including structuring deals, conducting due diligence, and drafting investment agreements. Investors and start-ups will seek advice on the terms of investment rounds, shareholder agreements, and governance structures to accommodate such large investments.

  2. Merger and Acquisitions: With Databricks planning to invest in acquisitions as part of its growth strategy, law firms specialising in M&A will see increased demand for services related to target identification, due diligence, deal negotiation, and regulatory approvals. Start-ups and AI companies looking to be acquired or seeking strategic partnerships will need legal expertise to manage negotiations and comply with regulatory requirements.

  3. Employment Law: A significant portion of the funding allocated to helping employees cash out stock options highlights the importance of employee benefits, equity compensation plans, and tax compliance. Law firms will need to provide guidance on stock option vesting, tax obligations, and employee retention strategies. Tech companies will require legal support in designing competitive compensation packages to attract and retain top talent, while ensuring compliance with employment and tax laws.

Sadiq Khan’s London housing fund may need to bailout, auditors warn

Sadiq Khan’s flagship London housing fund may require a bailout after repeatedly missing repayments on a £300mn state loan and failing to keep records about the debt, its auditors have warned.

GLA Land and Property (GLAP) Limited, the London mayor’s property development vehicle, has repeatedly missed payment deadlines on the loan over the past six years and only made its first payment this year.

The Greater London Authority owns the company, which may require financial support from the mayor’s taxpayer-funded budget to fully repay the loan.

GLAP was set up in 2012, when Boris Johnson was mayor, and owns 635 hectares of land in the capital, primarily in the London Docklands redevelopment area. Khan has been mayor since 2016.

The commercial vehicle was created from the merger of previous public development bodies and inherited the £300mn liability owed to the Greater London Authority when it was formed.

The money is due to be repaid from 2018, but GLAP failed to make any payments over successive years.

GLA’s internal auditors raised concerns last year about poor management and decision-making at the company and said they were not provided with evidence, as to why the repayments were repeatedly missed.

The UK government wants to increase housebuilding to the highest level in decades, building 1.5mn homes over the five years. The number of new homes in England fell 6% to 221,070 in the year of March.

Impact on Law Firms

  1. Increased Demand for Advisory Services: Law firms specialising in public sector, planning, and real estate law may see an increase in advisory work related to restructuring and the governance of public development bodies like GLAP. There may also be opportunities to advise on potential reforms to mitigate poor management and ensure better compliance with repayment schedules. Firms with expertise in public finance and restructuring could be engaged to provide solutions for repayment strategies or potential refinancing of the £300mn loan.

  2. Litigation and Dispute Resolution: If there are allegations of mismanagement or failures in meeting contractual obligations, this could lead to litigation. Law firms specialising in dispute resolution, administrative law, and commercial contracts may be called upon to handle such matters. Regulatory or legal investigations into repayment failures or poor decision-making practices may increase demand for legal services related to audits, compliance, and potential liabilities.

  3. Real Estate Market Impact Delays in Housing Projects: If GLAP struggles financially or requires a bailout, this could delay ongoing or planned housing projects in London. Law firms involved in property development or real estate transactions may experience a slowdown or disruptions in their work, impacting clients who are developers, investors, or stakeholders in these projects. If GLAP faces insolvency, law firms with insolvency practices may be engaged to manage the fallout, including the sale or transfer of assets and settlements with creditors.


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