The Future Lawyer Weekly Briefing – W/C 13th January 2025

In the first Future Lawyer briefing of 2025:

How To Find Jobs After Law School: “Consider this guide your kickstart guide, packed with actionable insights to build your experience, refine your professional identity, and outshine the competition at every stage.”

Apple, Microsoft, and the Growing Wave of UK Class Actions: “Class action lawsuits serve as a mechanism to balance power between individuals and corporations, offering a way to address systemic grievances that might otherwise go unchallenged.”

Clifford Chance’s Victory Against Google: “The ECJ decision against Google signals a shift toward stricter oversight of digital platforms, ensuring they operate transparently and equitably.”

 

Clifford Chance’s Victory Against Google

A Landmark in Digital Competition Law

By Charlie Suzannah Cromwell-Pinder

In a case spanning over 15 years, the European Court of Justice (ECJ) delivered a definitive ruling in September 2024 that upheld a €2.4 billion fine against Google. The tech giant was found guilty of abusing its dominant market position by prioritising its own shopping services over competitors in search results.

This decision not only closed a protracted legal battle but also set a precedent for regulating the conduct of powerful digital platforms. Central to this victory was Clifford Chance, a global law firm that played a pivotal role in representing the complainant, Foundem, and shaping the legal narrative that ultimately swayed Europe’s highest court.

A General Overview of the Case

The roots of this case trace back to 2009, when Foundem, a UK-based price comparison website, accused Google of anticompetitive practices. Foundem alleged that Google’s search algorithms were systematically suppressing competitors’ visibility while promoting its own shopping services. The European Commission (EC) launched an investigation in 2010, leading to a record-breaking €2.4 billion fine in 2017.

Google appealed the decision multiple times, arguing that its practices were aimed at improving user experience by delivering relevant search results more efficiently. However, both the EU General Court in 2021 and the ECJ in 2024 dismissed these claims, confirming that Google’s behaviour violated European antitrust laws.

Critical Issues Identified

The case highlighted several critical issues in the digital economy:

1. Abuse of Dominance: Google’s prioritisation of its services was deemed discriminatory, as it unfairly disadvantaged competitors like Foundem. This raised broader concerns about how dominant platforms wield control over market visibility.
2. Impact on Competition: By pushing competitors down in search rankings, Google made it nearly impossible for other shopping comparison services to thrive. This distortion of the market hampered innovation and consumer choice.
3. Broader Market Harm: Google’s practices had ripple effects across the digital economy, affecting not just competitors but also the overall integrity of online marketplaces.

Broader Societal Implications

This case underscores the urgent need to ensure fairness in the digital economy, where a few tech giants have outsized influence. Google’s actions effectively silenced smaller competitors, reducing diversity and innovation in online services. This not only harms businesses but also limits consumer access to competitive options and fair pricing.

The ruling also reinforces the importance of robust regulation. The EU’s Digital Markets Act (DMA), which came into force in 2022, was partly shaped by cases like this. It mandates that digital platforms treat competitors fairly and base search rankings on objective criteria. The ruling against Google validates these regulatory frameworks and signals to other tech companies, such as Facebook and Apple, that unfair practices will not be tolerated.

The Role of Clifford Chance in the Case

Clifford Chance’s involvement began in 2017 when the firm, alongside Hausfeld, represented Foundem after the EC imposed its initial fine on Google. The legal team, led by Thomas Vinje, played a crucial role in gathering evidence, constructing arguments, and navigating the complexities of a case that spanned more than a decade.

Key Contributions by Clifford Chance:

• Gathering Evidence: Clifford Chance meticulously collected data showing how Google’s practices affected Foundem and other competitors. This included analysing traffic patterns and quantifying the economic harm caused by Google’s actions.
• Expert Reports: The firm collaborated with behavioural scientists to demonstrate how Google’s tactics influenced user behaviour, steering them toward its own services. Economists provided further analysis of the long-term damage to market competition.
• Building a Narrative: By weaving together evidence and expert testimony, Clifford Chance crafted a compelling argument that clearly illustrated Google’s systematic favouritism.

The team’s efforts were instrumental in overcoming challenges, including the sheer volume of documents and Google’s attempts to obfuscate facts.

Why Law Firms Play a Critical Role

Cases like this highlight the indispensable role of law firms in regulating the digital economy.

1. Ensuring Compliance: As regulatory scrutiny intensifies, companies need legal guidance to ensure they adhere to competition laws and emerging regulations like the DMA. Law firms help clients navigate these complex requirements, mitigating risks of non-compliance and hefty fines.
2. Advocating for Accountability: When corporations violate rules, law firms represent affected parties, ensuring that justice is served. Clifford Chance’s representation of Foundem exemplifies how lawyers can hold powerful entities accountable for their actions.
3. Shaping Legal Precedents: By winning landmark cases, law firms contribute to the development of legal standards that guide future enforcement. The ECJ ruling against Google has set a strong precedent for fair practices in digital markets.

Implications for the Future

The ECJ’s decision has far-reaching consequences for the tech industry. It signals a shift toward stricter oversight of digital platforms, ensuring they operate transparently and equitably. Law firms are poised to play an even greater role in this landscape as they help businesses comply with regulations, represent complainants in enforcement actions, and contribute to shaping policies.

As Dieter Paemen of Clifford Chance observed, the judgment is a significant victory not only for Foundem but for the broader principle of fairness in digital markets. With the rise of AI and other transformative technologies, similar cases are likely to emerge, further cementing the importance of legal expertise in maintaining market integrity.

Conclusion

This case exemplifies how diligent legal advocacy can bring about systemic change, reaffirming the need for accountability in an increasingly digital world. Clifford Chance’s success against Google is a testament to the power of the law in ensuring that even the most dominant players adhere to fair competition standards.

Apple, Microsoft, and the Growing Wave of UK Class Actions

By Charlie Suzannah Cromwell-Pinder

Class action lawsuits have become a prominent feature of the legal landscape in the United Kingdom, with high-profile cases against Apple and Microsoft highlighting their growing significance. These lawsuits, which allow groups of individuals or businesses to collectively bring claims against a defendant, are reshaping the dynamics of corporate accountability and consumer rights.

An Overview of the Subject Matter

Apple and Microsoft are facing major class action lawsuits in the UK that challenge their business practices. Microsoft is accused of overcharging businesses that use rival cloud services, such as Amazon Web Services; while Apple is under fire for allegedly anti-competitive fees on its App Store, where it charges developers a 30% commission on sales and in-app purchases. These cases illustrate a broader trend of increasing class actions in the UK, fuelled by legal, technological, and societal shifts.

Class actions, or “mass actions,” allow people with similar claims to band together, either through “opt-in” (active participation) or “opt-out” (automatic inclusion unless explicitly excluded) mechanisms. While “opt-in” actions are more common in the UK, the introduction of “opt-out” actions under the Consumer Rights Act 2015 has expanded the potential scope of class actions, though these are still largely confined to competition law issues.

Critical Issues

Several factors are driving the rise of class actions in the UK:

1. Third-Party Litigation Funding: The high costs of mass claims are increasingly covered by third-party funders, who invest in cases in exchange for a share of potential compensation. This model has enabled claims that would otherwise be financially untenable.
2. Focus on Consumer Rights: Growing awareness and enforcement of consumer rights have led to an increase in claims. High-profile cases like those against Apple and Microsoft underscore a broader willingness to hold corporations accountable for alleged misconduct.
3. Technological Advancements: Innovations such as case management software, e-signing tools, and digital portals have streamlined the logistics of managing large claimant groups, making class actions more feasible for law firms.

Despite these enablers, challenges remain. Securing litigation funding is fraught with financial risks, as cases can take years to resolve. Regulatory and procedural hurdles also complicate the process, with courts requiring stringent proof to certify class actions. Additionally, the complexity of managing diverse claimants adds to the burden on legal teams.

Broader Societal Implications

The rise of class actions reflects a shift in societal attitudes toward corporate accountability and consumer protection. These lawsuits serve as a mechanism to balance power between individuals and corporations, offering a way to address systemic grievances that might otherwise go unchallenged.

However, the stakes are high for businesses. Successful claims can lead to billions in payouts and irreparable damage to reputations. For instance, Johnson & Johnson faced significant financial and reputational harm after talcum powder litigation resulted in substantial settlements and product recalls. Apple and Microsoft now face similar risks, with their business practices coming under intense scrutiny.

On the other hand, these cases also raise questions about the role of litigation funding and its influence on the judicial system. Critics argue that funding agreements prioritise profit over justice, potentially skewing outcomes.

The Role of Law Firms

Law firms play a pivotal role in the rise and execution of class actions, drawn by the potential for high rewards and visibility. These cases can generate significant revenue, particularly when payouts reach billions. High-profile class actions also enhance a firm’s reputation, attracting future clients and increasing market prominence.

However, engaging in class actions is not without challenges:

• Funding and Cash Flow: Law firms must invest significant resources upfront, often waiting years for a resolution. The risk of losing a case—and the associated financial losses—can be substantial.
• Navigating Complexities: Managing thousands of claimants with varying circumstances requires significant expertise and technological investment.
• Regulatory Uncertainty: Ambiguities in the enforceability of litigation funding agreements, as highlighted by a recent Supreme Court decision, add to the risks faced by firms and funders.

Despite these hurdles, class actions remain a lucrative and impactful area of practice for law firms. By combining legal expertise, innovative technology, and strategic funding, firms can position themselves as leaders in this growing field.

Conclusion

The rise of class actions in the UK, exemplified by the cases against Apple and Microsoft, marks a turning point in corporate accountability and consumer rights. These lawsuits highlight the evolving role of the legal profession in managing complex, high-stakes claims that address systemic issues. While the risks are significant, the rewards—both financial and reputational—make this a compelling area for law firms, ensuring that class actions will remain a central feature of the UK’s legal landscape for years to come.

How To Find Jobs After Law School

By Fatema Antara and Nabhan Zarif Sayeed

Picture the legal job market as a high-stakes arena, teeming with skilled opponents all vying for the same prize, prestigious training contracts and pupillages. It’s a gauntlet, but not impossible to conquer. Armed with the right strategy, a dynamic blend of real-world experience, a standout personal brand, and with unwavering determination, you can get your hands on your desired position!

Consider this guide your kickstart guide, packed with actionable insights to build your experience, refine your professional identity, and outshine the competition at every stage. Whether your sights are set on becoming a solicitor or you’re blazing an uncharted path, we’ll help you seize the opportunities that lie ahead.

Building relevant experience

Building relevant experience is crucial for aspiring lawyers seeking to launch their careers successfully. First, utilise clinics and internships during law school to gain practical exposure to your areas of interest. Clinical programs allow you to experience the realities of practicing law, such as working with clients, drafting documents, and appearing in court.

Additionally, take advantage of your law school’s career services, which can connect you with opportunities and provide guidance tailored to your career goals. Networking is another vital component; connecting with practicing lawyers through bar associations, LinkedIn, and alumni events opens doors to mentorships and hidden job markets. Pursue continuing legal education (CLE) seminars to stay updated on trends and challenges in your chosen field.

Lastly, target roles and environments that align with your long-term aspirations, such as smaller markets for more hands-on opportunities. Building experience thoughtfully positions you to stand out in a competitive legal job market​.

It takes an economy of words and your best game to land a legal job. Customise your resume for every need, using the job description as a guide to include keywords that help you get past applicant tracking systems (ATS) and showcase quantifiable achievements.

Make it clean and clear with no mistakes. Don’t just state that you know what the employer is looking for; show it in your cover letter and include anecdotes that illustrate skills you learned in one profession that will help in another.

Networking

Expand your network through informational interviews, alumni connections and LinkedIn. Use consistent, professional formatting in all materials submitted as part of your application, and portfolio, if applicable. Do follow up after applying with a polite acknowledgment and thank-you notes within 24 hours of interviews.

Run your writing by mentors or a career services office for people to help you hone your materials, and keep up on business of law trends (student support centres). By employing targeted applications, comprehensive research, and proactive networking, you’ll have a better chance of landing the legal position you seek.

Perfect your application

Crafting tailored and compelling materials is essential. Start with a well-organised and error-free resume that highlights relevant experiences, such as internships, clinics, or other legal work. Your cover letter should not be a generic template; instead, customise it to align with the specific job and employer, demonstrating genuine interest and understanding of their needs. Leverage your network to gain insights into the employer’s expectations, which can help you fine-tune your application.

Additionally, ensure all application materials reflect your professionalism, including proper formatting and attention to detail. Follow-up is equally important; sending a polite email to confirm receipt or to thank the interviewer shows initiative and interest. Finally, keep learning and improving by seeking feedback on your applications from mentors, career services, or trusted colleagues to make necessary adjustments​.

Nail interviews and Assessment Centres

Excelling in interviews and assessment centres requires preparation, professionalism, and a confident mindset. Start by thoroughly researching the employer, understanding their practice areas, values, and recent cases or achievements. Prepare answers to common interview questions, such as your motivation for pursuing law, your key strengths, and examples of problem-solving or teamwork.

Use the STAR method (Situation, Task, Action, Result) to structure responses. Practice explaining how your experiences align with the firm’s needs, focusing on relevant internships, clinics, or legal work. During assessment centres, demonstrate collaboration, critical thinking, and communication skills in group exercises or case studies. Pay close attention to instructions and stay composed under pressure.

Additionally, dress appropriately for the legal profession, exude confidence, and maintain professionalism throughout. After the interview or assessment, send a thoughtful “Thank you” note to express gratitude and reiterate your enthusiasm for the position. These steps will significantly enhance your chances of success​.

Stay Persistent and Adaptable

Yes, finding a job after law school in the UK can be challenging, but with perseverance and an open mind, it is definitely possible. So spend time building a professional network by attending law fairs, career events, and connecting with colleagues via LinkedIn. Internships, volunteering, or a role in the industry show you have some experience and passion, careful tailoring of your application, and reading up on the role ensures you more or less scream ‘My Life Is This.’

Identification of the law areas that you feel you are not well endowed with, and one has to ensure that you do not miss out on pursuing the continuing education courses to stay in competition. While the SQE and BPTC are traditional routes, other fulfilling options exist. Chartered Legal Executives often specialize in a specific field. Paralegals support Solicitors with research and drafting. Legal Advisors or in-house lawyers counsel businesses, while Licensed Conveyancers and Probate Practitioners handle property or estate matters.

To Sum up, Landing a legal job in the UK requires a balanced mix of self-awareness, practical experience, and polished application skills. By exploring various career paths, seeking out hands-on opportunities, perfecting your CV and cover letters, and showing confidence in interviews, you’ll maximise your chances of success.

The journey can be winding, but with determination and the right strategies, you’ll find your place in the legal industry. Keep moving Forward! Your future as a solicitor, barrister, or legal professional is a few steps ahead.