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European Union › Burden of Proof

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Jones Day

Reversal of Burden of Proof Under Proposal for a New EU Product Liability Directive

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In Short - The Situation: The EU Product Liability Directive 85/374/EEC ("PLD") was adopted nearly 40 years ago and has remained almost unchanged since its inception....more

Linda Liu & Partners

Influence of Implementability of Prior Art in Determination of Novelty and Inventiveness

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In patent examination, the examiner will cite a prior art document in order to determine whether or not an invention or utility model is novel and inventive. The applicants challenge the implementability of the cited prior...more

Cooley LLP

New EU Class Actions Mechanisms to be Implemented by Christmas

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Background - New laws allowing groups of EU consumers to launch class actions against traders are to be implemented by 25 December 2022 and will apply from June next year. The EU’s Representative Actions Directive (EU)...more

King & Spalding

Medicinal Product, Food Supplement or Novel Food?

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In the European Union (EU), we find a lot of judgments concerning the distinction between medicinal products and food supplements on both EU and member state levels. Now a third category — novel food — is in the focus of...more

McDermott Will & Emery

Neues zum Whistleblowing – Neuer Referentenentwurf zum Hinweisgeberschutzgesetz

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Am 13. April 2022 veröffentlichte das Bundesministerium der Justiz einen Referentenentwurf für ein Hinweisgeberschutzgesetz („HinSchG-E“). Umgangssprachlich als „Whistleblowergesetz“ bezeichnet, setzt es eine entsprechende...more

WilmerHale

The Intel Judgment: (Re)balancing the Burden of Proof

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On January 26, the General Court (GC) of the European Union issued a judgment on remand, annulling the €1.06 billion fine that the European Commission (EC) had imposed on Intel in 2009. Companies commonly use rebates to...more

White & Case LLP

EU General Court demands a vigorous effects-based analysis for rebates cases and annuls the European Commission’s Intel decision...

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On 26 January 2022, the EU's General Court (GC) annulled the European Commission's (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes. The judgment demonstrates that the European Courts...more

Orrick, Herrington & Sutcliffe LLP

Orrick’s 101 – Employment Law in Germany: Legal Q&A I Labor Court Proceedings

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Labor court proceedings are of great importance in Germany. Employees and employers often meet again in court, especially when it comes to the termination of their employment relationship. The German labor court procedure has...more

McDermott Will & Emery

EU Parallel Trade Permit: Who Has Burden of Proof that Plant Protection Products and Biocides Are Identical?

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On 15 December 2020, the French administrative court specified who bears the responsibility to prove that two plant protection products are deemed identical, even in their packaging boxes, in the context of submitting an...more

Morrison & Foerster LLP

Germany Adopts Administrative Trademark Cancellation Actions

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On May 1, 2020 the last part of the German Trademark Law Modernization Act (Markenrechtsmodernisierungsgesetz – “MaMoG”), which contains practical relevant amendments to the procedural rules of the German trademark system,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Competition Law Litigation in the UK

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On December 4, 2019, Skadden hosted a discussion with Sir Marcus Smith QC, a Justice of the High Court and a chair of the Competition Appeal Tribunal (Tribunal). Sir Marcus has presided over leading cases in the U.K. on...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

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This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Hogan Lovells

New EU Whistleblowing Directive – what UK financial services firms need to know

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On 7 October 2019, the Council of the European Union formally adopted a new Directive on the protection of persons who report breaches of Union law. The Directive was published in the Official Journal of the European Union on...more

Hogan Lovells

Data class actions in Europe and spotlights in Mexico, Russia and the U.S.

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The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more

McDermott Will & Emery

Interim Measures Imposed on Broadcom: The Re-Awakening of a Once-Dormant Tool?

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The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more

McDermott Will & Emery

The Re-Awakening of a Once-Dormant Tool?

McDermott Will & Emery on

The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more

White & Case LLP

High Court considers the scope of Subject Access Requests and their exemptions

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EU data protection law contains a powerful tool called a Subject Access Request ("SAR") which allows an individual to obtain copies of data about themselves, on demand, within a tight timeframe, and at low cost. Satisfying...more

Littler

Littler Global Guide - Italy - Q1 2019

Littler on

The Budget Law, in force since January 1, 2019, introduced the possibility for pregnant employees to work – in the event of documented good health – until the ninth month of pregnancy, and to take compulsory maternity leave...more

Dechert LLP

Jurisdictional Gateways Following The EU Getaway

Dechert LLP on

In a recent judgment the Court of Appeal in Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV & Ors [2019] EWCA Civ 10 clarified the three-stage test which must be applied by the Court when determining an...more

Hogan Lovells

Four key lessons when facing data class actions in Europe

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Could the GDPR give rise to forum shopping and are there any pre-litigation strategies that should be considered? Here, we review four key elements that should be kept in mind in respect of data class actions in the EU....more

Robins Kaplan LLP

The First Circuit Takes Sides in the Split on Burden of Proof in Section 1782 Applications

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The First Circuit recently joined the slight majority of its sister Circuits by holding that neither party bears the burden of proof with respect to the discretionary factors analyzed on an application for discovery in aid of...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Milwaukee-based Harley-Davidson announced on Monday that it will shift some of its motorcycle production overseas “to avoid retaliatory tariffs imposed by the European Union” in response to the White House’s trade moves....more

Jones Day

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

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The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

Jones Day

Belgium Adopts Law Enacting EU Directive on Private Antitrust Damages

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On June 6, 2017, Belgium adopted legislation ("Law") transposing the EU directive on private antitrust damages (Directive 2014/104, ("Directive")). The Law became applicable on June 22, 2017, and is expected to boost private...more

Hogan Lovells

(No) need to argue – What is certain, what is presumed and what can be estimated in cartel damage litigation after the 9th...

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Where is no plaintiff, there is also no judge: Private enforcement of competition law presupposes that there are plaintiffs who take a cartel to court. Plaintiffs exist where actions are worth it. Cartel victims may obtain...more

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