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In ESG

ESG Duties of Directors

by and 1 Min Read

ESG (environment, social and corporate governance) issues, including human rights, have increasingly become a board level concern as the trend towards stakeholder capitalism and regulatory intervention on the topic has grown. Actions to impose statutory responsibilities on directors, to introduce programmes on specific issues (such as forced labour and conflict minerals), to mandate disclosure and transparency, and to threaten the corporate licence to operate through sanctions or restrictions on procurement, have all contributed to an…

In Product Safety/Product Liability

A stronger product safety regime for the EU?

by , and 6 Mins Read

In brief The European Commission (EC), on 30 June 2021, proposed reforms to the General Product Safety Directive (GPSD) in the form of a Regulation, intended to safeguard consumers (see here) (“Proposal”). The Proposal makes substantial amendments to the GPSD, which has been in place for the last 20 years, seek to increase the protection offered to EU consumers in respect of products they purchase, both in store and online, whilst also addressing challenges posed by…

In Virtual Hearings

Are Virtual Hearings Here to Stay?

by and 2 Mins Read

One of the most significant impacts of the COVID-19 pandemic on the administration of justice has been the shift to virtual hearings and mediations. In mid-2020, Baker McKenzie and KPMG UK surveyed civil and commercial court users to explore their experience and perceptions of virtual hearings and mediations and to help answer a key question: are virtual hearings and mediations here to stay? 70% of the participants said they would prefer to have virtual interim…

In Insolvency

Subordination of claims filed by affiliates/owners against a debtor as an instrument to prevent controlled insolvencies in Russia

by and 8 Mins Read

1. Introduction As in other jurisdictions, Russia’s insolvency legislation is based on the pari passu principle. However, this principle is subject to certain exceptions, specifically with respect to shareholders and other non-arm’s length creditors, such as the controlling persons of an insolvent company (“Affiliated Creditors”). In practice, Affiliated Creditors use other instruments (e.g. loans, intergroup supplies etc.) to have their claims listed in the creditors’ register of an insolvent company. First, this enables such creditors…

In Virtual Hearings

Impact of the COVID-19 pandemic on (physical) litigation and international arbitration proceedings in Switzerland

by and 6 Mins Read

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…

In Competition Litigation

Whose claim is it anyway? – New German case law on claims vehicles

by 6 Mins Read

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…

In Statute of Limitations

The interruptive effect of mediation in cross-border disputes on statutory limitation periods for civil claims

by 7 Mins Read

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…

In Data & Technology Disputes

EDPB Publishes Guidelines on Examples Regarding Data Breach Notification

by , , , , , , , and 4 Mins Read

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…

In IP Litigation

EU General Court issues decision on registrability of advertising slogan “IT’S LIKE MILK BUT MADE FOR HUMANS”

by , and 5 Mins Read

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…

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