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Damages Member State

Latham & Watkins LLP

CJEU Rejects Minimum Threshold for GDPR Claims

Latham & Watkins LLP on

The court determined that mere infringement of the GDPR is insufficient for a damages claim, but that there is no minimum threshold for non-material damages. In a recent judgment (Case C-300/21), the Court of Justice of...more

White & Case LLP

Civil Plaintiffs Must Prove GDPR Damages, says CJEU

White & Case LLP on

The Court of Justice of the European Union (CJEU) ruled out automatic damages awards for civil litigants establishing infringements of the General Data Protection Regulation (GDPR). At the same time, the CJEU suggested that...more

BCLP

GDPR Privacy FAQs: Is there a private right of action for failing to comply with European cookie laws?

BCLP on

Maybe. The GDPR does purport to allow data subjects to bring private rights of action.  Likewise, certain implementations of the ePrivacy Directive, like the Privacy and Electronic Communications Regulations, allow for...more

Jones Day

EU's Highest Court Expands Cartel Damages Liability for Corporate Parents and Successors

Jones Day on

The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a subsidiary or acquired company in cartel cases. This significantly broadens...more

WilmerHale

The Assertion of Extraterritorial Patent Jurisdiction in Europe

WilmerHale on

US patents have some extraterritorial effect. A party can be liable for patent infringement if it supplies components of a patented invention to a foreign country to be assembled there. In WesternGeco LLC v. ION Geophysical...more

Dechert LLP

The Impending Launch of the Unified Patent Court

Dechert LLP on

In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...more

Kilpatrick Townsend & Stockton LLP

EU Passes New Trade Secret Directive to Harmonize Trade Secret Laws of Member States

In late December 2015, the European Union reached an agreement on the terms of a provisional Trade Secrets Directive, which was intended to harmonize the laws governing trade secrets and “improve[e] the effectiveness of the...more

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