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Executive Matters

Issue 12: October 2025

Executive Matters

Editor's note

Daniel Naftalin
Daniel Naftalin

Welcome to the latest edition of Executive Matters, our quarterly publication dedicated to the challenges and legal issues faced by Senior Executives.

We start by considering the evolving landscape of business protection in light of increasing technology and AI adoption. Our Civil Fraud team explains what businesses need to know about the growing prevalence of "deepfake" technologies as a means of perpetrating fraud. Our Cyber Risk & Complex Investigations team discusses the benefits of running "Cyber Incident Exercises" to build organisational resilience. And our Employment team explores the implications of limits on non-compete clauses, after a recent debate in the House of Lords on tech and AI has seemingly put the issue back on the agenda.

To reflect the falling temperatures and nights drawing in, other pieces have a more wintry feel. With rising cold and flu cases, our Insurance team provides a timely reminder that the six-year limitation period for COVID-19 business interruption claims is fast approaching. And finally for those already apprehensive about the Christmas family dinner, the Mishcon Private team offers guidance on managing and resolving family business disputes.

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Take action to avoid missing COVID-19 BI limitation deadline

It may feel as though the insurance litigation arising out of the COVID-19 pandemic has been never ending (indeed, the court itself made this observation in Bath Racecourse Company Ltd & Ors v Liberty Mutual Insurance Europe SE & Ors [2025] EWHC 1870 (Comm).

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Non-compete clauses are back on the agenda

It is a topic that many thought had exited stage left with the previous Government, but a House of Lords debate this summer about AI and Tech has reignited discussion over introducing limitations on non-compete clauses.

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Private Wealth: Managing and resolving family business conflicts

In the private wealth field, we strive to avoid litigation whenever possible. Family disputes can be extremely divisive and lead to toxic relationships between family members deteriorating even more. People with significant wealth are naturally private about their affairs and want to keep it that way. Litigation is almost always heard in the public domain, so it is almost always a last resort. But sometimes litigation just can't be avoided, and we see a significant range of disputes in the private wealth field.

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