News & Analysis as of

Annulment

Littler

Dutch Employer Paid Dearly for an Offer to Buy Out a Non-Compete Clause

Littler on

In a recent matter before the Arnhem-Leeuwarden Appellate Court, an employer in the Netherlands attempted to hold a former employee to his non-compete clause. After the employee had terminated his employment contract, the...more

Obermayer Rebmann Maxwell & Hippel LLP

Annulment in Pennsylvania

Under Pennsylvania law, where a marriage is void or voidable, a party may bring an action in annulment rather than divorce. At first glance, that just sounds like semantics – however, there is a significant legal ramification...more

Hogan Lovells

Member of French Parliament lodges first request for annulment of EU-US Data Privacy Framework

Hogan Lovells on

P. Latombe, who is not only a Member of the French Parliament, but also seated at the French Data Protection Authority (CNIL)'s Commission, lodged a request for annulment of the DPF on 6 September 2023 before the Court of...more

Shook, Hardy & Bacon L.L.P.

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions...more

Carlton Fields

Tenth Circuit Affirms Refusal to Vacate Confirmation Despite Foreign Court’s Annulment of Underlying Arbitration Award

Carlton Fields on

The Tenth Circuit recently affirmed a district court’s decision not to vacate a confirmation award even though the underlying arbitration award had been annulled by a Bolivian court following the confirmation. The Tenth...more

Farrell Fritz, P.C.

Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper

Farrell Fritz, P.C. on

In April 2019, this blog discussed Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U) (Sup. Ct. New York Co., March 14, 2019), a case...more

Chambliss, Bahner & Stophel, P.C.

Can a Marriage Be Annulled After One Spouse’s Death?

Marriage is supposed to be “until death do us part,” but after one spouse dies, is it possible for a court to declare a marriage invalid (annulled)? It can happen, as a Nebraska widower recently learned, but only in certain...more

White & Case LLP

Spanish Constitutional Court Limits the Scope of Review of Awards in Actions to Set Aside

White & Case LLP on

Ruling Confirms Limited Power of Review in Action to Set Aside an Award and Bolsters Confidence in Spain as a Place of Arbitration - The Spanish Constitutional Court has recently issued a judgment that bolsters confidence...more

Dechert LLP

Dawn raids at French supermarkets partially annulled by EU court

Dechert LLP on

In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite...more

International Lawyers Network

Patent Disputes in Life Sciences

Having vast expertise in providing legal protection to large Russian and international pharmaceuticals and healthcare companies, Lidings has put together a Legal Digest highlighting the most notable patents disputes in Life...more

White & Case LLP

EU General Court strikes a blow to Commission approach to fiscal State aids in the Apple tax case

White & Case LLP on

The General Court has upheld a challenge to a 2016 Commission decision that had required Ireland to recover €13.2 billion in illegal State aid from Apple, on account of alleged preferential tax treatment for the...more

White & Case LLP

Dissenting Opinion as violation of public policy? The recent annulment decision of the Higher Regional Court of Frankfurt in...

White & Case LLP on

In a recently published annulment decision, the Higher Regional Court of Frankfurt (docket no. 26 Sch 14/18) by way of obiter dictum expressed its views on dissenting opinions in domestic arbitration proceedings. Although the...more

A&O Shearman

HSBC v. Commission: Just Give Them a Reason

A&O Shearman on

On 24 September 2019, the EU General Court (GC) handed down its judgment in HSBC v. Commission. Consistent with recent precedent, the GC reaffirmed the European Commission (“Commission”)’s duty to provide sufficient reasons...more

BCLP

Family Asset Protection – LGBT* clients and alternative families

BCLP on

In the summer of the fiftieth anniversary of the Stonewall riots, the LGBT* community have a lot to celebrate. In the last 15 years, there have been significant changes for same-sex couples in England and Wales. In 2004 the...more

Farrell Fritz, P.C.

Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

Farrell Fritz, P.C. on

A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more

White & Case LLP

EU Court confirms the need for transparency and full disclosure of economic analyses in EU merger cases (UPS/TNT)

White & Case LLP on

On 16 January 2019, the Court of Justice of the European Union ("CJEU" or "Court") dismissed the European Commission's appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed...more

Dechert LLP

The Servier Judgment: A Breath of Fresh Air for Pharmaceutical Companies?

Dechert LLP on

On 12 December 2018, the General Court (“Court”) partially annulled the European Commission’s decision of 9 July 2014 in the Servier case and consequently reduced Servier’s fine by more than 30%, from €330.99 million to...more

Hogan Lovells

Good things don't always come in small packages for the European Commission: Advocate General Kokott delivers her Opinion on the...

Hogan Lovells on

On 25 July 2018, Advocate General Kokott proposed that the EU Court of Justice validate the annulment by the EU General Court of the European Commission’s 2013 prohibition decision of UPS's planned acquisition of its...more

Mintz - Bankruptcy & Restructuring Viewpoints

Delaware Court Holds that Trademark License Cannot be Assigned Without Consent

The Delaware bankruptcy court recently decided that a debtor could not assign a trademark license absent the consent of the licensor. The court concluded that federal trademark law and the terms of the license precluded...more

McDermott Will & Emery

Sale of Serie A Broadcasting Rights, the Regional Administrative Court of Lazio Annuls the Decision of the Italian Competition...

On 23 December 2016, the Regional Administrative Court of Lazio (the TAR) annulled the decision of the Italian Competition Authority (the Authority), against Sky Italia S.r.l. (Sky); Reti Televisive Italiane S.p.A. (and its...more

Carlton Fields

Update Beneficiary Designations After Divorce or Annulment

Carlton Fields on

On July 1, 2015, the Florida Fourth District Court of Appeal held, with a few exceptions, upon entry of a final judgment of dissolution or annulment, any provision of a will that “affects” a former spouse is void under...more

Morgan Lewis

New Kazakhstan Arbitration Law

Morgan Lewis on

The new law regulates issues relating to arbitration as a method for settlement of disputes. On 20 April, a new arbitration law entered into force in Kazakhstan (Arbitration Law) that contains a number of new provisions...more

Carlton Fields

Court Upholds Annulment Of Foreign Arbitration Award Based On Foreign Court’s Finding That Tribunal Violated Rule On Fees

Carlton Fields on

A U.S. District Court refused to confirm the award that had been entered by an arbitration tribunal in favor of Getma International against the Republic of Guinea. The award had been annulled by the Common Court of Justice...more

McDermott Will & Emery

General Court of the EU Dismisses Trioplast Application Seeking Reimbursement of Interest Paid for Being Late in Paying Cartel...

McDermott Will & Emery on

With a judgment handed down on 12 May 2016 (Case T-669/14, Trioplast Industrier AB v. European Commission), the General Court of the European Union (GCEU) dismissed an action brought by Trioplast Industrier AB (Trioplast...more

McDermott Will & Emery

International News: Focus on Real Estate - April 2016

New UK Requirement to Publish Annual Slavery and Human Trafficking Statement - The United Kingdom’s Modern Slavery Act 2015 requires large commercial organisations operating in the United Kingdom to publish a “slavery...more

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