With the emergence of the COVID-19 virus in early 2020, Switzerland along with many other countries introduced extensive measures to prevent the spread of the virus. Social distancing and protection measures provide new challenges in business relations – but also in legal proceedings. COVID-19 measures have had (and are still having) an unprecedented impact on the justice system. The article at hand offers a brief overview on the impact of the COVID-19 pandemic and the…
A few weeks ago, the Regional Court of Hanover dismissed a cartel damage lawsuit by a claims vehicle for lack of legal standing[1]. The judgment deserves scrutiny, as it confirms a trend among German courts to dismiss bundled claims on this basis[2]. 1. The incentive for bundling claims German law knows no class actions, and no specific means of collective redress that would provide cartel victims with payment titles. Therefore, cartel victims sometimes bundle their…
This article discusses the judgment of the Dutch Supreme Court issued on 19 February 2021 that answers the question whether the initiation of a mediation in cross-border disputes interrupts the statutory limitation period for civil claims. Introduction Lately, the doctrine of the statute of limitation has been concretized in the Netherlands by means of various judgments of the Supreme Court.[1] In a recent ruling dated 19 February 2021, the Supreme Court issued a judgment in…
The European Data Protection Board (EDPB) recently published the draft Guidelines on Examples Regarding Data Breach Notification, a document that encompasses eighteen examples of data security incidents, on a spectrum of risk and necessary mitigating measures. Each example concludes with recommended actions based on the identified risks, mainly: recording the incident in the organization’s internal register, notifying the organization’s supervisory authority, and notifying affected individuals. The Guidelines are currently open for public consultation. The Guidelines include…
On appeal from the EUIPO Board of Appeal, the EU General Court has held that the slogan mark “IT’S LIKE MILK BUT MADE FOR HUMANS” is distinctive for foodstuff, including dairy substitutes. The inclusion of the word “but” called into question the commonly accepted idea that milk is a key element of the human diet; and thereby conveyed a message which is capable of setting off a cognitive process in the minds of the relevant…
Brian Hengesbaugh and Partner Paul Glass dissect the recent guidance issued by the ICO in response to the SoldWinds cyber attack.
In October 2020, the German Government announced an action plan to improve the work of auditors in Germany (see https://globallitigationnews.bakermckenzie.com/2020/10/21/unlimited-liability-for-auditors-in-germany/). This action plan resulted from the Wirecard scandal, one of the biggest financial scandals Germany has ever seen. Among others, the auditors of Wirecard had failed to uncover the massive financial fraud scheme that the top managers of Wirecard had created. An investigation committee of the German Parliament is still trying to get to the…
The UK Supreme Court gave its judgment in Mastercard Incorporated and others (Appellants) v Walter Hugh Merricks CBE (Respondent) [UKSC 2019/0118] on 11 December 2020. It confirmed the decision made by the Court of Appeal that a representative applying for certification of a class must show that they have a method with a realistic prospect of assessing loss across the whole class and that the data required to apply that methodology is likely to be…
This article discusses the unprecedented Supreme Court judgment rendered on 17 July 2020 that answers the question whether an act of interruption of a limitation period against a general partnership also constitutes the interruption of a limitation period towards its individual partners. Introduction In a recent ruling dated 17 July 2020, the Supreme Court rendered an unprecedented judgment on the application of the statute of limitation on claims against a Dutch general partnership (“vennootschap onder…
The Hamburg Commissioner for Data Protection and Freedom of Information (“Hamburg DPA”) imposed a 35.5 million Euro fine on a global fashion company’s subsidiary in Germany for violations of the GDPR. This million Euro fine is the highest fine known in Germany so far. It follows: the 14.5 million Euro fine imposed in October 2019 by the Berlin Commissioner for Data Protection and Freedom of Information (“Berlin DPA”) against a real estate company for violating…