News & Analysis as of June 4, 2025

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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 -

The FoHF Financing Playbook, May 2025 - EU Jurisdictional-Clause Gymnastics – The Enforceability of Asymmetric Jurisdiction...

Cadwalader, Wickersham & Taft LLP on 5/30/2025

A recent decision of the Court of Justice of the European Union (the EU’s highest court) has clarified some of its views on ‘asymmetric jurisdiction clauses’. An asymmetric jurisdiction clause is one that allows one party...more

Lost in Translation: Key Deal Points in European vs. U.S. M&A Transactions

Foley & Lardner LLP on 5/28/2025

After two decades practicing law in Silicon Valley and five formative years working on cross-border deals in Europe, I’ve come to appreciate the subtle (and not-so-subtle) differences in how merger and acquisition (M&A)...more

For Your AIs Only: Agentic AI Steps Out of the Shadows, Part 2

DLA Piper on 5/19/2025

Agentic AI and its ability to perform tasks autonomously on behalf of users, without the regular prompting associated with more traditional AI models, is the new frontier of AI. Many organisations are betting big on the...more

For Your AIs Only: Agentic AI Steps Out of the Shadows

DLA Piper on 5/9/2025

Agentic AI can independently act and adapt to changing environments without relying on existing data patterns like GenAI. Agentic AI promises more goal-oriented autonomous systems, ideal for matters involving complex...more

CJEU Ruling on Asymmetric Jurisdiction Clause Validity—Towards (un)Certainty?

Jones Day on 5/5/2025

The Court of Justice of the European Union ("CJEU") recently issued an important ruling in the case of Società Italiana Lastre SpA (SIL) v. Agora SARL (C-537/23). The decision addresses the validity criteria of asymmetric...more

Germany: Monitoring and Auditing Obligations of Controllers with Respect to Their Processors

DLA Piper on 4/16/2025

In a decision on immaterial damages under Article 82 of the EU General Data Protection Regulation (GDPR), the Higher Regional Court of Dresden, Germany (case number 4 U 940/24), set out important monitoring and auditing...more

Asymmetric Jurisdiction Clauses – The EU's Highest Court Gives Its View

Mayer Brown on 4/14/2025

On 27 February 2025, the EU's Court of Justice delivered its ruling on a case referred to it by the French Cour de Cassation concerning whether or not asymmetric jurisdiction clauses are valid as a matter of EU law;...more

German Higher Courts Clarify Strict Requirements for Online Contract Cancellations

DLA Piper on 4/3/2025

In two recent decisions, the German Higher Regional Courts (Oberlandesgerichte – OLG) of Cologne and Munich have clarified the – strict – German requirements for cancellation buttons on websites of tech companies providing...more

European Commission adopts RTS on the elements to assess when subcontracting certain ICT services under DORA

A&O Shearman on 4/2/2025

The European Commission has adopted a Delegated Regulation supplementing Regulation 2022/2554 on digital operational resilience for the financial sector (DORA) with regard to regulatory technical standards specifying the...more

Navigating the Future of Cloud Transformation

DLA Piper on 3/27/2025

In a recent webinar forming part of DLA Piper’s ‘Digital Evolution in conversation with’ series, Rami Zayat caught up with Jan Geert Meents, Joanna Sykes-Saavedra and Sophie Levett to discuss the future of cloud...more

Minimizing Product Liability Risks Caused by AI: Practical Tips for Businesses

Amundsen Davis LLC on 3/27/2025

The use of artificial intelligence AI (AI) touches many sectors in the United States, and the business world is no exception. While this exciting development has proven useful for many businesses, it is also a new source of...more

The Data Act: Six Months to Go — But What To Do?

Ropes & Gray LLP on 3/27/2025

Our clients are at the forefront of many of the developments covered by the report. That said, I couldn’t help thinking that the report overlooked a law that takes effect in less than six months’ time and which will have...more

How to leverage Advanced Purchase Agreements for military supply

Hogan Lovells on 3/26/2025

The EU is introducing new regulations (EDIRPA and EDIP) to structure military procurement through pooled orders coordinated by the European Commission. Advanced Purchase Agreements (APAs), inspired by COVID-19 contracts,...more

Navigating the Trump Administration’s Latest Tariffs on Canada, Mexico, and China

DLA Piper on 3/25/2025

We have reported extensively on President Trump's "America First Trade Policy", the new tariffs imposed on Canada, Mexico and China, and provided commentary on how President Trump's return to office might affect the UK and...more

Navigating NATO Procurement: Legal and Regulatory Considerations for Companies in Finland & Sweden

White & Case LLP on 3/25/2025

As NATO’s strategic priorities evolve, the accession of Finland and Sweden marks a significant shift in the alliance’s defense landscape. With these Nordic nations integrating into NATO’s security framework, their defense...more

Model Contractual Clauses for AI Procurement in the EU: Key Takeaways for AI Companies

Cooley LLP on 3/21/2025

The European Commission (EC) has released an updated version of the Model Contractual Clauses for AI Procurement (MCC-AI), providing further guidance for public-sector buyers navigating AI procurement under the European Union...more

Vietnam: impact on LNG-to-power projects of the new Electricity Law guiding Decree 56

A&O Shearman on 3/20/2025

On March 3, 2025, the Vietnamese government issued Decree No. 56/2025/ND-CP (Decree 56) which provides detailed guidance on the implementation of a number of provisions of the new Electricity Law regarding developing power...more

CJEU rules on Asymmetric Jurisdiction Clauses without closing uncertainty

White & Case LLP on 3/12/2025

On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a landmark decision (C-537/23) addressing the validity of asymmetric jurisdiction clauses under Article 25 of the Brussels Recast Regulation. While...more

CJEU imposes limits on the validity of asymmetric EU jurisdiction clauses

A&O Shearman on 3/3/2025

In a decision that may cause some concern, the CJEU has held that asymmetric EU jurisdiction clauses are only valid under EU law if they designate with sufficient precision the alternative jurisdictions in which proceedings...more

Where there's no waiver, there's no way

A&O Shearman on 2/17/2025

The English High Court has provided further guidance on the interpretation of “no waiver” clauses in a recent decision. The backdrop to this decision was a sanctions related dispute about the termination of a currency swap...more

Dr. Reddy’s Secures License from Henlius to Market Daratumumab Biosimilar in the U.S. and Europe

Goodwin on 2/17/2025

On February 6, 2025, Dr, Reddy’s Laboratories SA (“Dr. Reddy’s”) announced that it has entered into a license agreement with Shanghai Henlius Biotech, Inc. (“Henlius”) for the development and commercialization of Henlius’s...more

Disputes 101- Contractual interpretation: through the looking-glass

A&O Shearman on 2/6/2025

If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more

Clause for celebration: the effectiveness of entire agreement provisions

A&O Shearman on 1/15/2025

Entire agreement clauses are very common. This recent decision confirms their effectiveness: JMW Solicitors v Injury Lawyers 4U. Background – shareholder dispute - Some firms of solicitors, including JMW, set up a...more

EU DORA: Are you in scope, and if so, how can you prepare?

King & Spalding on 12/23/2024

The Digital Operational Resilience Act (DORA) establishes a harmonised and comprehensive framework for information and communication technology (ICT) risk management in the financial sector. It is a directly applicable EU...more

Termination turmoil: when knowing your rights makes all the difference

A&O Shearman on 12/4/2024

The High Court in URE Energy v Notting Hill Genesis found that whether a party is aware of its termination right under a contract depends solely on the evidence and requires actual, not constructive, knowledge. However,...more

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