Hogan Lovells

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Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004, United States
Phone: 202 637 5600
Fax: 202 637 5910
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Commercial Law & Contracts
  • Communications & Media Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
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Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Kentucky
  • Maryland
  • Massachusetts
  • Minnesota
  • New York
  • Pennsylvania
  • Texas
  • Virginia
Other Countries
  • Australia
  • Belgium
  • Brazil
  • China
  • Croatia
  • France
  • Germany
  • Hong Kong
  • Hungary
  • India
  • Indonesia
  • Israel
  • Italy
  • Japan
  • Luxembourg
  • Mexico
  • Mongolia
  • Netherlands
  • Poland
  • Russia
  • Singapore
  • South Africa
  • Spain
  • United Arab Emirates
  • United Kingdom
  • Venezuela
  • Vietnam
Number of Attorneys
1,000+ Attorneys

Panelists discuss how European pharmaceutical companies can stay ahead of the game

We were pleased to welcome industry leaders to our Life Sciences and Health Care Horizons event in Zurich, where co-head of Hogan Lovells Life Sciences and Health Care sector Jane Summerfield, and partners Melissa K. Bianchi,…more

EU, European Commission, Life Sciences, Manufacturers, Pharmaceutical Industry

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2024 Life Sciences & Health Care Horizons

While economic factors, including the high cost of capital, continue to keep our clients up at night, we also see signs of optimism in 2024. Against this fiscal backdrop, significant recent regulatory changes and those on the…more

Artificial Intelligence, Clinical Trials, Food and Drug Administration (FDA), Life Sciences, Medical Devices

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Impacts of the U.S. IRA on licenses and collaborations

This is an article in our 2023 series, “Life Sciences Transactional Insights”, which aims to provide key practical takeaways for our transactional colleagues by anticipating the needs of their regulatory, intellectual property,…more

Drug Pricing, Health Care Providers, Inflation Reduction Act (IRA), Life Sciences, Pharmaceutical Industry

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EU: MiFIR Amendments prohibiting Payment for Order Flow (PFOF) entered into force on 28 March 2024

On 8 March 2024, the final consolidated revised Markets in Financial Instruments Regulation (MiFIR) (Regulation (EU) 2024/791) and Markets in Financial Instruments Directive (MiFID II) (Directive (EU) 2024/790) texts were…more

EU, Financial Markets, MiFID II, MiFIR

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Bürgschaften auf erstes Anfordern in Hotel-Betreiberverträgen – Marktstandard, aber kein Ersatz für eine Barkaution

In Betreiberverträgen werden Sicherheiten überwiegend in Form von Höchstbetragsbürgschaften auf erstes Anfordern vereinbart. Dabei verpflichtet sich der Bürge, auf einfaches Verlangen des Eigentümers unter einstweiligem Verzicht…more

Coronavirus/COVID-19, Hospitality Industry, Hotels

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Taking the easy way out of business rescue proceedings

It’s an open secret that the commendable goals envisaged by the legislature with the introduction of the business rescue proceedings in Chapter 6 of our Companies Act are being hampered as a result of poorly drafted statutory…more

Commercial Bankruptcy, Companies Act, Insolvency, South Africa

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New EU Battery Regulation – Additional challenges for companies

On 10 December 2020, the European Commission published a proposal for a new EU Regulation concerning batteries and waste batteries ("Battery Regulation"). The Battery Regulation is part of the European Green Deal and aims to…more

Batteries, EU, European Commission, Lithium Batteries, Manufacturers

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Key takeaways from the Automotive Finance Webinar and Client Roundtable

On 16 November 2022, Hogan Lovells hosted an Automotive Finance webinar and client roundtable, discussing recent developments and future trends in automotive finance. The event featured a key note speech from Jochen Gehrke…more

Automotive Industry, Capital Markets, Electric Vehicles, Financial Markets, Investment

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Unique Solutions: Transforming pests into profit

Reports of swarms of desert locusts descending on farms in East African countries including Ethiopia, Somalia, Kenya, South Sudan, Uganda, Eritrea and Tanzania have once again littered news websites ..…more

Africa, Agribusiness, Agricultural Land, Farms, Food Supply

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NHTSA announces final rule on automatic emergency braking

The National Highway Traffic Safety Administration (NHTSA) finalized an important new safety standard requiring automatic emergency braking (AEB) systems in all light vehicles by September 1, 2029. The rule implements a mandate…more

Automotive Industry, Car Accident, Motor Vehicles, NHTSA, Safety Standards

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Impact of the IRA on the real estate industry

The Inflation Reduction Act (the “IRA”) is a historic piece of legislation that includes approximately $369bn of funding for a number of strategies to reduce carbon emissions and combat climate change. Although it may be…more

Commercial Real Estate Market, Energy-Efficiency Tax Credits, Housing Market, Inflation Reduction Act (IRA), Investment Tax Credits

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Chewing Through Baskets: The “Chewy Phantom Guarantee” and a Cautionary Tale of the Release of a Valuable Guarantee and Collateral Package

American pet owners are probably all familiar with Chewy, an e-commerce pet food and products supplier that will quickly ship those heavy bags of dog or cat food right to your doorstep at competitive prices…more

Borrowers, E-Commerce, Equitable Interests, Equity Investors, Initial Public Offering (IPO)

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Stepping back to move forward: Biden Administration brings back the Social Cost of Carbon and other greenhouse gases

On Friday, February 26, the Biden Administration’s newly-resurrected Interagency Working Group on Social Cost of Greenhouse Gases (IWG) announced new values for three specific metrics that seek to monetize the environmental…more

Biden Administration, Carbon Emissions, Climate Change, Environmental Policies, Greenhouse Gas Emissions

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Navigating the nuances of investing in European residential real estate

In the global real estate industry, there has been little escape from tales of economic woe recently. But there are still many with money to spend, and given the uncertainty around office, retail and leisure following the…more

EU, Landlords, Rental Property, Residential Real Estate Market, Tenants

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Global Real Estate - What's coming up in 2024?

After all of the macro-economic and geo-political turbulence and challenges of 2023, what can we expect in 2024 - are we seeing reasons for optimism when we consider the Real Estate market on a global scale? What’s in store for…more

Germany, Interest Rates, Investors, Italy, Real Estate Market

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Registration Duty – All clear?

Yesterday, the director of the Luxembourg indirect tax administration (administration de l'enregistrement et des domaines) issued circular n° 782 dated 2 January 2017 (the "Circular"). The Circular recalls the main changes…more

Deeds, Inheritance, Inheritance Tax, Luxembourg, Registration Requirement

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PTAB: Tribal Sovereign Immunity Does Not Provide a Basis to Terminate IPRs

On February 23, 2018, in a much-anticipated decision, the PTAB ruled that tribal sovereign immunity could not be used to shield certain Allergan Inc. (“Allergan”) patents from review in a number of IPRs. Allergan had assigned…more

Allergan Inc, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, IP License, Native American Issues

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Global outlook: How ESG factors are impacting real estate decision-making in the UK, US and Europe

This year more than ever we are seeing ESG ripples echoing across all industries, sectors and geographies, whether from new laws and regulations, climate related disclosures, green property management or re-evaluation of estate…more

Carbon Emissions, Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience to…more

Banking Sector, Blockchain, Cryptocurrency, Environmental Social & Governance (ESG), EU

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How to use a Data Monitoring Committee in clinical trials: FDA invites industry comment

Last week, the U.S. Food and Drug Administration (FDA) published a draft guidance on the use of data monitoring committees (DMCs) in clinical trials entitled “Use of Data Monitoring Committees in Clinical Trials.” In the Federal…more

Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry, Prescription Drugs

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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FDA under fire: Pared-down LDT Final Rule leaves unanswered questions

The U.S. Food and Drug Administration (FDA) has finalized its historic — and notoriously controversial — rule to explicitly assert the agency’s authority to regulate laboratory developed tests (LDTs). Below we summarize the most…more

Clinical Trials, Final Rules, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry

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COVID-19 IP update: Intellectual Property Office developments (UK & EPO updated)

EPO - **By way of an update, on 29 July 2020 the EPO has decided to postpone all oral proceedings in examination and opposition proceedings scheduled until 31 December 2020 (previous date was 14 September 2020) unless they…more

Administrative Proceedings, EPO, EU, Intellectual Property Protection, UK

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Center for Clinical Trial Innovation furthers FDA’s diversity goals, rare disease drug development - Pilot program offers opportunity for enhanced interaction with FDA

The U.S. Food and Drug Administration (FDA) has announced the establishment of the “Center for Drug Evaluation (CDER) Center for Clinical Trial Innovation” (C3TI). C3TI is intended to be a “central hub” within CDER aimed at…more

Clinical Trials, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry, Prescription Drugs

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Worry no more, foreign investors! Indonesia established a sovereign wealth fund

In line with the spirit of bolstering investment from foreign investors into Indonesia with the aim to create new job opportunities as mandated by Law No. 11 of 2020 on job creation (Omnibus Law), the Government of Republic of…more

Economic Development, Foreign Investment, Indonesia, Investment, Sovereign Wealth Funds

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A Conclusive Conclusion for Service Charge Certificates?

In a case that will be welcomed by landlords, the Court of Appeal has ruled that a service charge statement was conclusive both as to the landlord’s costs and the scope of the services…more

Commercial Leases, Commercial Tenants, Landlords, Real Estate Development, Service Charges

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Se elimina la obligación de las personas trabajadoras de entregar el parte de baja médica a su empleador

A partir del próximo 1 de abril de 2023, las personas trabajadoras en situación de incapacidad temporal dentro de los primeros 365 días de duración no tendrán la obligación de entregar en su empresa el parte de baja médica que…more

Disability, Employee Benefits, Medical Leave, Mexico, Wage and Hour

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IP is at the heart of life sciences innovation

In recent years, technology and innovation has advanced at an unprecedented pace. Flying taxi drones, self-driving cars and 3D-printers immediately come to mind. However, exciting progress has been made in life sciences and the…more

3D Printing, Biosimilars, Biotechnology, CRISPR, Innovation

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The UK Consumer Duty: What does it mean for London listed investment companies?

The FCA’s new Consumer Duty rules come into force on 31 July 2023 for new and existing products that are open for sale and create a variety of obligations which seek to deliver better outcomes for retail investors. The rules…more

Financial Conduct Authority (FCA), Investment Companies, Investors, Retail Investors, UK

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Investment Outlook 2019 Report: Economic trends and corporate transactions in the GCC

On the surface, 2018 looked like a good year for the Gulf region. The oil price averaged over US$70/barrel for the year, compared to an average of US$50 for the previous three years. Combined with increased production, that…more

Complex Corporate Transactions, Energy Market, Energy Projects, Foreign Investment, Global Market

See all updates »

The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

See all updates »

2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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No time to waste III - Parliament and Council reached provisional agreement on PPWR

Recently, the Parliament and the Council, under the leadership of the Belgian Council Presidency, have been able to reach a provisional agreement on a final text for a new Packaging and Packaging Waste Regulation within a short…more

Belgium, Plastics, Product Packaging, Recycling, Waste Management

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Shifting (Regional HQ) Sands – to Saudi

On February 15th, the Saudi Press Agency issued a statement confirming that the Government of Saudi Arabia intends to stop contracting with entities whose regional headquarters are not located in the Kingdom by January 1st…more

Coronavirus/COVID-19, Economic Development, Foreign Investment, Infectious Diseases, Job Creation

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Shifting (Regional HQ) Sands – to Saudi

On February 15th, the Saudi Press Agency issued a statement confirming that the Government of Saudi Arabia intends to stop contracting with entities whose regional headquarters are not located in the Kingdom by January 1st…more

Coronavirus/COVID-19, Economic Development, Foreign Investment, Infectious Diseases, Job Creation

See all updates »

FDA Releases Revised Appendix 1 and Introduction to Hazard Analysis and Preventive Controls Draft Guidance

The U.S. Food and Drug Administration (FDA) recently released an update of its multi-chapter draft guidance, “Hazard Analysis and Risk-Based Preventive Controls for Human Food: Draft Guidance for Industry” (PCHF Draft Guidance),…more

Draft Guidance, Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Food Supply

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U.S. Commerce Department issues antiboycott compliance advisory on Turkey

On May 15, 2024, the U.S. Commerce Department’s Bureau of Industry and Security issued an antiboycott compliance advisory regarding the Turkish government’s announcement that it will suspend all imports and exports to and from…more

Antiboycott Requirements, Boycotts, Bureau of Industry and Security (BIS), Compliance, Export Administration Regulations (EAR)

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Investment Outlook 2019 Report: Economic trends and corporate transactions in the GCC

On the surface, 2018 looked like a good year for the Gulf region. The oil price averaged over US$70/barrel for the year, compared to an average of US$50 for the previous three years. Combined with increased production, that…more

Complex Corporate Transactions, Energy Market, Energy Projects, Foreign Investment, Global Market

See all updates »

PIX Launch

After the creation of a Brazilian instantaneous payment method earlier this year (“PIX”), on November 16, 2020, the Central Bank of Brazil (“BCB”) officially launched its new digital transfer and payment platform. The purpose of…more

Brazil, Digital Platforms, Digital Services, Financial Regulatory Reform, Financial Services Industry

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American Rescue Plan Act’s COBRA health care premium subsidy

On March 12, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law, aiming to provide relief to individuals and businesses suffering from the COVID-19 pandemic…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Employee Benefits

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Regulatory Insights for Life Sciences and Health Care Investments: Data Privacy and Cybersecurity

Investing in the life sciences industry without an understanding of the key regulatory factors that could determine a product’s success or failure could cost you millions of dollars…more

California Consumer Privacy Act (CCPA), Data Breach, Data Privacy, Data Security, General Data Protection Regulation (GDPR)

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Panelists discuss how European pharmaceutical companies can stay ahead of the game

We were pleased to welcome industry leaders to our Life Sciences and Health Care Horizons event in Zurich, where co-head of Hogan Lovells Life Sciences and Health Care sector Jane Summerfield, and partners Melissa K. Bianchi,…more

EU, European Commission, Life Sciences, Manufacturers, Pharmaceutical Industry

See all updates »

CFIUS Proposes Rule to Strengthen Its Monitoring and Enforcement Authorities

On April 15, 2024, the U.S. Department of the Treasury (“Treasury”), in its capacity as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule that seeks to materially enhance…more

CFIUS, Foreign Acquisitions, Foreign Investment, National Security

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Post-Arthrex USPTO interim process creates new options for director review, but parties must act quickly

On June 21, 2021, the Supreme Court handed down a highly-anticipated decision in United States v. Arthrex, Inc., finding that Administrative Patent Judges (“APJs”)—the judges who sit on Patent Trial and Appeal Board (“PTAB”)…more

Administrative Patent Judges, Appointments Clause, Constitutional Challenges, Director of the USPTO, Inter Partes Review (IPR) Proceeding

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Innovations in Space: Space mining

A Series on Innovation and Space During this next installment of the Innovations in Space series, our team provides an overview of space mining and the extraction of natural resources in outer space. Space mining and the…more

Aerospace, Innovative Technology, Mineral Extraction, Mining, NASA

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OIG’s first-ever General Compliance Program Guidance covering all health care parties released

In November 2023, OIG released its first ever General Compliance Program Guidance (GCPG). The GCPG is a comprehensive document that applies to all individuals and entities involved in the health care sector…more

Compliance, Fraud and Abuse, Health Care Providers, Investors, OIG

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Banking sector in turmoil: The invalidity of the GTC amendment mechanism – Quo vadis?

In its ruling of 27 April 2021 (case ref.: XI ZR 26/20) in response to cease and desist action brought by the Federation of German Consumer Organizations, the German Federal Court of Justice (BGH) found two clauses in the…more

Banking Sector, Banks, Civil Code, European Court of Justice (ECJ), Financial Institutions

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Nuevo criterio para asignación de Certificados de Energías Limpias correspondientes al 2022.

Se publica el Acuerdo No. A/007/2024 de la Comisión Reguladora de Energía por el que se establece el criterio para la asignación de Certificados de Energías Limpias disponibles en la cuenta de la Comisión, correspondientes al…more

Clean Energy, Energy Sector, Mexico, Renewable Energy

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COVID-19 – a health check for European leveraged financings

The impact of COVID-19 is developing fast across the globe and across industries.  We outline a selection of the issues which we are currently busy discussing with lenders, sponsors and portfolio businesses in various…more

Borrowers, Credit Facilities, EBITDA, EU, Lenders

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Doing business in Italy 2023

This booklet has been written specifically for business individuals and whilst it may be of interest to their local advisers, such as lawyers or accountants, the information is intended for a wider audience. We cover topics…more

Corporate Governance, Doing Business, EU, Foreign Corporations, Foreign Subsidiaries

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Öffentliche Übernahmen in Deutschland Newsletter 2023

Herzlich willkommen zur sechsten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2022 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Capital Markets, Foreign Investment, Germany, Mergers

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New York’s Minimum Wage Increased on December 31, 2017

It’s that time of year for all employers in New York to confirm that their payroll is set up to pay the new minimum wage that went into effect on December 31, 2017…more

Employer Liability Issues, Minimum Wage, New Legislation, Notice Requirements, State and Local Government

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PISCES: Government proposes innovative new UK platform for trading in shares of private companies

On 6 March 2024, as part of its Spring Budget measures, the Government published a consultation on its proposed new ‘Private Intermittent Securities and Capital Exchange System’ (known as PISCES). The new platform will allow the…more

Financial Markets, Investment, Investors, UK

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Aprobado el PERTE en Economía Circular, con casi 500M€ en subvenciones

Se ha aprobado el PERTE en Economía Circular, que pretende cambiar la economía hacia un tratamiento circular de los productos que minimice el uso de las materias primas, permita la incorporación de materiales reciclados y logre…more

Circular Economy, Environmental Policies, EU, Manufacturers, Natural Resources

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Game on - Indonesia sets out ambitious development plans for the gaming industry

The Indonesian government has set out its plans for developing its still immature gaming industry, by enacting the Presidential Regulation No. 19 of 2024 on the Acceleration of National Game Industry Development (PR 19/2024)…more

Gaming, Indonesia, Online Gaming, Video Games

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Negotiated settlements: New opportunities for Italian distressed businesses?

The conversion into statute on 23 October 2021 of the so-called Business Distress Bill adds new provisions to those recently adopted by the Italian government to address corporate distress following the COVID-19 pandemic, to…more

Coronavirus/COVID-19, Corporate Restructuring, Debt Restructuring, Economic Development, Economic Downturn

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Foreign investors should consider treaty protections when structuring their investments abroad

Investors seeking to invest abroad – including investment funds – should safeguard and strengthen their investments by considering treaty protections. Investment Treaties can provide foreign investors access to substantive…more

Bilateral Investment Treaties, Foreign Investment, Investment Funds, Investors

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Summary of key U.S. and EU regulatory developments relating to securitization transactions

Overview - Numerous regulatory developments were enacted or proposed in the United States and the European Union in response to the financial crisis. Although some of the proposed changes are still in the process of being…more

Alternative Investment Fund Managers Directive (AIFMD), Capital Markets, Capital Requirements Regulation (CRR), CRA, CRD IV Directive

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Spain’s exit of the Energy Charter Treaty is official: what now?

The Energy Charter Treaty and the Protocol were signed in December 1994 to promote international investment in the energy sector. On 16 April 2024, Spain gave written notice of its decision to withdraw from the ECT and on 14 May…more

Energy Charter Treaty, Energy Sector, ICSID, International Arbitration, Investors

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COVID-19: Summary of National Payment Moratoria Measures in Europe (UPDATED)

Our note summarises key national payment moratoria measures and other reliefs related to the COVID-19 pandemic which have been introduced in various European countries and which are relevant in the context of structured finance…more

Coronavirus/COVID-19, Debt Relief, EU, European Banking Authority (EBA), Late Payments

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5 days left to provide notice to California employees subject to non-compete provisions

California recently passed two laws – Senate Bill 699 (SB 699) and Assembly Bill 1076 (AB 1076) – reiterating and expanding its ban on non-compete agreements in response to evolving employment practices and the rise of remote…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants, State Labor Laws

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[Webinar] So, we're making a change … Coaching contracts in the NCAA and the Pros - December 8th, 12:00 pm - 1:00 pm EST

Join us for the second program of the intercollegiate webinar series on Wednesday, December 8, 2021 as we unpack legal issues related to the hiring (and firing) of college coaches. We have special guests from both sides of the…more

Best Practices, Buyouts, Coaches, Colleges, Continuing Legal Education

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The IBA publishes revised Guidelines on Conflicts of Interest in International Arbitration (2024)

The International Bar Association (IBA) Arbitration Committee has revised its Guidelines on Conflicts of Interest in International Arbitration, with the aim of modernizing and refining certain areas, such as third-party funding,…more

Arbitration, Arbitration Awards, Arbitrators, International Arbitration, International Bar Association (IBA)

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COVID-19 Report for Life Sciences and Health Care Companies - March 2022

The COVID-19 Report is a compilation of coronavirus news, analysis, and insights from around the world to help life sciences and health care companies stay current in this challenging time. In this week's Report: FDA warns over…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Diagnostic Tests, Food and Drug Administration (FDA), Infectious Diseases

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The Spanish insurance sector in the light of the COVID-19 pandemic

1. Introduction - As from the second week of March 2020, we have witnessed the publication of several laws that seek to address the significant challenges posed by the (health, economic and social) crisis caused by the…more

Commercial Insurance Policies, Consumer Insurance Products, Contract Terms, Coronavirus/COVID-19, Insurance Claims

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Clinical Trials Regulation: Transition your clinical trial now

On 31 January 2025 the Clinical Trials Regulation will become fully applicable to all ongoing clinical trials with medicinal products in the EU. All clinical trials that have been authorized under the Clinical Trials Directive…more

Clinical Trials, EU, European Commission, European Medicines Agency (EMA), Life Sciences

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Contingencias del sistema electrónico de compras gubernamentales federal “CompraNet"

La Secretaría de Hacienda y Crédito Público (SHCP) dependencia a cargo del sistema electrónico de compras gubernamentales CompraNet había suspendido temporalmente dicho servicio incluyendo todos los actos de los procedimientos…more

Mexico, Procurement Guidelines, Public Contracts, Public Procurement Policies, Public Projects

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The sorcerer’s apprentice conundrum: Generative AI content under the EU DSA and UK Online Safety Act

“My lord, my need is sore! Spirits that I've cited my commands ignore.” Are today’s AI solutions like Goethe’s bewitched broomsticks – which the sorcerer’s apprentice has called to life and then desperately tries, in vain, to…more

Algorithms, Artificial Intelligence, Cybersecurity, EU, Machine Learning

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COVID-19: Summary of National Payment Moratoria Measures in Europe (UPDATED)

Our note summarises key national payment moratoria measures and other reliefs related to the COVID-19 pandemic which have been introduced in various European countries and which are relevant in the context of structured finance…more

Coronavirus/COVID-19, Debt Relief, EU, European Banking Authority (EBA), Late Payments

See all updates »

An unsecured “credit bid” – a first in the UK restructuring market

The UK High Court has considered and granted permission for a so called “credit bid” in an application by the Special Administrators of Sova Capital Ltd (in special administration) for a substantial portfolio of illiquid Russian…more

Commercial Bankruptcy, Credit Bids, Creditors, Debt Restructuring, Insolvency

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The new Digital Service Tax has entered into force in Italy

With the approval of Law 27 December 2019, no. 160 (the Budget Law), the Italian digital services tax (the DST), initially provided by Law 30 December 2018, no. 145, has finally come into force, being effective as of 1 January…more

Data Collection, Data Transfers, Digital Downloads, Digital Goods, Digital Services

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Basic considerations associated with the use of public-private partnerships (P3s) by colleges and universities with a focus on energy/utility P3s

Higher education institutions increasingly leverage P3s to deliver campus projects, including with respect to energy and utility assets, instead of traditional project structures that involve the institution owning and funding…more

Carbon Emissions, Colleges, Construction Project, Educational Institutions, Electricity

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Fever in the morning, Cover all through the night: Insurance and planning for the effect Coronavirus on business

COVID-19 has already had a significant economic impact, which is likely to increase as Wuhan- and Italy-style lockdowns of large regions are implemented in other areas across the globe…more

Best Practices, Business Continuity Plans, Business Interruption, China, Commercial Insurance Policies

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Doing business in Italy 2023

This booklet has been written specifically for business individuals and whilst it may be of interest to their local advisers, such as lawyers or accountants, the information is intended for a wider audience. We cover topics…more

Corporate Governance, Doing Business, EU, Foreign Corporations, Foreign Subsidiaries

See all updates »

Tour d’horizon des réformes récentes du secteur minier et de la protection des investissements en Afrique

Au cours de ces dernières années, plusieurs États africains ont mis en œuvre des réformes d’ampleur de leurs régulations minières, aboutissant notamment à l'imposition d'exigences réglementaires accrues sur les acteurs de ce…more

Africa, Arbitration, International Arbitration, Investment, Investors

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Greenwashing: publication of the directive on empowering consumers for the green transition

The EU is stepping up its fight against greenwashing and empowers consumers for the green transition with a new Directive on empowering consumers for the green transition through better protection against unfair practices and…more

Advertising, Environmental Claims, Green Marketing, Greenwashing, Marketing

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To pay or not to pay: Another regulator weighs in on the decision to pay a ransom

Ransomware victims face a nearly impossible decision: pay criminals holding their business hostage or refuse and face possible crippling consequences. This decision requires careful analysis of a number of considerations, and…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Hackers

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MOVE - Hot Topic One-Pagers

What’s happening • Many hydrogen use cases are in the transportation sectors: autos, trucks, rail and shipping. Aviation uses are in development. • Under the US Inflation Reduction Act, coupled with the Hydrogen Hubs initiative,…more

Automotive Industry, Charging Stations, Connected Cars, Driverless Cars, Electric Vehicles

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Long awaited Deliveroo ruling from the Dutch Supreme Court delivered

Deliveroo bicycle couriers were qualified as employees instead of self-employed workers by the Dutch Supreme Court last week. The Dutch Supreme Court did not introduce a new framework for qualification and has left it up to the…more

Delivery Drivers, Employee Definition, Employer Liability Issues, Independent Contractors, International Labor Laws

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Unearthing the unseen: Underground sit-ins epidemic in South African mining

Mining has long been the backbone of South Africa’s economy. Alongside agriculture, it is the biggest sector of the economy, employing almost half a million people. But beneath its surface lies a growing crisis – the surge in…more

Employer Liability Issues, Health and Safety, Mining, South Africa, Workplace Safety

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New EU guidance on GDPR right of access (open for public consultation)

The “right of access” recognized by art.15 GDPR is one of the most fervently exercised rights by individuals. Nowadays, where companies tend to amass considerable amounts of information and carry out data processing activities…more

Data Protection, Data Subject Access Requests, Data Subjects Rights, EU, European Data Protection Board (EDPB)

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Wird es jetzt kalt im Betrieb? – Mit Vollgas Energiekosten sparen

Angesichts der Energiekrise und drohenden Gasengpässen dürften Unternehmen sich die Frage stellen, wie im betrieblichen Ablauf Energiekosten eingespart werden können und welche Maßnahmen sie im Fall von Betriebsstörungen…more

Employer Liability Issues, Energy Costs, Germany, Health and Safety, Workplace Hazards

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Coronavirus FAQ: Key legal considerations for Russia

Moscow authorities strongly encourage employers to introduce remote working (work from home) regime where possible. Please make sure you carefully document the new working regime in the addenda to the employment contract or have…more

Business Continuity Plans, Coronavirus/COVID-19, Corporate Governance, Crisis Management, Emergency Management Plans

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Nuovi limiti alle cessioni dei crediti ACE e superbonus con il “Decreto-Legge Superbonus” (D.L. n. 39 del 29 marzo 2024)

In data 29 marzo 2024 è stato approvato il decreto-legge n. 39 che introduce misure urgenti in materia di agevolazioni fiscali in ambito edilizio e di efficienza energetica prevedendo, tra l’altro: (i) con riferimento ai c.d…more

Construction Industry, Energy Efficiency, Italy, Tax Benefits

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Five governance considerations for company positions on social and political issues C-Suite, An Equilar Publication, Issue 40, Fall 2022

We have outlined five governance considerations for assessing whether a company should respond, either in action or in words, to a sensitive issue or development. 1. Assess the issue’s relationship to the business. How does the…more

C-Suite Executives, Compliance, Corporate Culture, Corporate Governance, Corporate Social Responsibility

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New German restructuring law finally comes into force

As reported earlier, a new corporate restructuring law will be enacted in Germany. The new law's centerpiece will be the so-called stabilization and restructuring framework ("SRF")…more

Commercial Bankruptcy, Coronavirus/COVID-19, Debtors-in-Possession, EU, Germany

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UK FCA Discussion Paper on updating and improving the UK regime for asset management

The Financial Conduct Authority has published a discussion paper, ‘Updating and improving the UK regime for asset management’, requesting views on the current UK regime for regulating funds and asset managers. The discussion…more

Asset Management, Cybersecurity, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry

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Russian regulatory trends in the pharma industry in light of the outbreak of COVID-19

The COVID-19 pandemic has impacted every industry, causing global economic changes and, consequently, extensive legislative amendments. There are no doubts that the pharmaceutical industry is the most affected. Since the spread…more

Border Security, Coronavirus/COVID-19, Drug Distribution, Drug Pricing, Government Lockdown

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SBA finalizes significant reforms to SBIC program - Changes introduce new Accrual SBIC for equity investors and a Reinvestor SBIC for funds-of-funds

The U.S. Small Business Administration (SBA) finalized wide-ranging revisions to the regulations governing the small business investment company (SBIC) program on Thursday, July 13, 2023. Among other things, the changes…more

Debentures, Investors, Portfolio Companies, SBA, SBIC

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Artificial Intelligence: World First Rules Are Coming Soon – Are You Ready? (Part 2)

Nowadays, artificial intelligence (“AI”) is all around us. Previously, we took a look at the approaches being proposed to regulate AI at a pan-EU level and in the UK. In this part 2 article, we take a look at what mandatory…more

Algorithms, Artificial Intelligence, CNIL, Food and Drug Administration (FDA), Machine Learning

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New Release: Insurance Horizons Brochure 2021

The global pandemic brought a wave of changes and developments that have impacted, and continue to impact, the insurance sector. As we look ahead, we see further change on the horizon. Around the world, we continue to deal…more

Acquisitions, Business Interruption, Coronavirus/COVID-19, Corporate Governance, Environmental Social & Governance (ESG)

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Coronavirus – additional obligations on the employers in Russia?

The Russian Government has included the coronavirus in the list of the illnesses that are dangerous for the general public. The first person with this infection has recently been found in Moscow. Please see the below overview of…more

Best Practices, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Health and Safety

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New FTC plan for a possible government shutdown would shut down reportable mergers and acquisitions

In late January 2024, the Federal Trade Commission (“FTC”) released an updated operating plan in the event Congress does not pass a funding bill and the government shuts down. In a dramatic departure from prior practice, the FTC…more

Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, Premerger Notifications, Threshold Requirements

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Higher MEES for residential properties? Have your say

On 30 September 2020 the government published its consultation on amending the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the “Regulations“), raising minimum energy efficiency standards for…more

Energy Efficiency, Energy Policy, Landlords, Property Improvements, Real Estate Market

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Opinion of the European Data Protection Supervisor on the AILD and PLD Proposals

The European Data Protection Supervisor and the European Economic and Social Committee welcome the PLD and AILD Proposals which aim to facilitate liability claims against AI providers and/or users. The EDPS, however, notes that…more

Cybersecurity, Data Privacy, Data Protection, Data Security, EDPS

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The EU AI Act: an impact analysis (part 1)

In December 2023, political agreement was reached by EU policy makers on all substantive aspects of the EU Artificial Intelligence Act. Since then, the close-to-final text of this transformational piece of European legislation…more

Algorithms, Artificial Intelligence, Corporate Counsel, Cybersecurity, EU

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Fifth Circuit Vacates $4.3M Penalty Against MD Anderson Related to Data Losses

There has been a significant development in the ongoing debate regarding the scope of the authority of the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) to issue penalties under the Health…more

Civil Monetary Penalty, Cyber Attacks, Cybersecurity, Data Breach, Data Protection

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Highlights of new SEC rules on climate-related disclosures

On March 6, 2024, the U.S. Securities and Exchange Commission adopted its highly anticipated rules requiring climate-related disclosures. The final rules represent a significantly less burdensome set of rules than those proposed…more

Climate Change, Corporate Governance, Disclosure Requirements, Final Rules, Greenhouse Gas Emissions

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EPA grants Louisiana primacy for issuing Title VI Well Permits

On December 28, 2023 the Environmental Protection Agency (EPA) signed the final rule on the State of Louisiana Underground Injection Control Program; Class VI Primacy, which gave the State of Louisiana oversight over permitting…more

Carbon Capture and Sequestration, Environmental Protection Agency (EPA), Final Rules, Safe Drinking Water Act

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UK pensions: ambitions for defined benefit (DB) schemes

The government has ambitious plans for the future of defined benefit (DB) pension schemes, many of which, it is hoped, will help the UK economy through increased investment in productive finance.  In particular, the government…more

Defined Benefit Plans, Defined Contribution Plans, Employee Benefits, Pension Protection Fund (PPF), Pension Schemes

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Black Swan or new dawn: Why supply chain management is more important than ever

Supply chains are increasingly vulnerable to a range of risks. In recent years businesses have focussed upon streamlining their supply base to minimise costs. They have sought to reduce inventory to free up working capital but…more

Commercial Bankruptcy, Energy Sector, Insolvency, Natural Gas, Oil & Gas

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EU: 5 tips to protect your trade secrets during the COVID-19 emergency

While COVID-19 dramatically spreads across Europe, all companies are being forced to implement new large scale remote working arrangements. During these times of crisis, it’s easy for proprietary and confidential information to…more

Confidential Information, Coronavirus/COVID-19, EU, Information Technology, Intellectual Property Protection

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Private equity – Navigating manager exits and management incentives in challenging times

This article discusses the key issues to be considered where a senior executive’s employment is to be terminated and the management incentive plan needs a reset, all in the context of operating in times of economic stress. This…more

Incentive Compensation, Investment, Investors, Portfolio Companies, Private Equity

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Retour à la case départ pour le legal privilege à la française ?

Après plusieurs années de débats, la loi d’orientation et de programmation du Ministère de la justice 2023-2027 envisageait de consacrer la confidentialité des consultations juridiques émanant des juristes d’entreprise…more

Attorney-Client Privilege, Confidential Information, France, Privileged Communication

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UK Insurance Horizon Scanner - May and June 2024

A snapshot of key market and regulatory developments expected to impact the UK insurance sector over the next few months. Coming up in May and June. MONTH DATE DETAILS MAY 31 ESG: all authorised firms need to comply with the FCA…more

Financial Conduct Authority (FCA), Insurance Industry, Life Insurance, Solvency II, UK

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Learning from Silicon Valley Bank - Never let a good crisis go to waste – so how could you use recent events in California to take a fresh look at risks and risk management?

Many lessons will be learned from the failure of Silicon Valley Bank last weekend. The full story is unlikely to emerge for some time, but commentators have quickly reached a consensus on the likely causes. The central problem…more

Banking Sector, Banks, Deposit Accounts, Depository Institutions, FDIC

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Actualités Législatives et Réglementaires – Mars 2023

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de mars 2023…more

Capital Markets, Energy Sector, EU, France, Insurance Industry

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COVID-19 – Project financing key considerations

The impact of the coronavirus disease (COVID-19) cannot be underestimated. It is now time critical and project participants must be alive to the rapidly evolving COVID-19 outbreak and the consequential impact on their projects…more

China, Coronavirus/COVID-19, Crisis Management, Delays, Force Majeure Clause

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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Technical documentation obligations for AI providers: drafting manuals

The European Parliament's recent approval of the AI Act entails a significant step in regulating artificial intelligence systems in the European Union. Among its pivotal provisions, artificial intelligence (AI) providers of…more

Algorithms, Artificial Intelligence, EU, Innovative Technology, Machine Learning

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Key takeaways from the retail buzz coffee chat with the Hogan Lovells NY team

On 24 January 2023, the Hogan Lovells New York Retail Team hosted a coffee chat webinar discussing cross-practice predictions concerning the retail sector for the coming year. The event featured Hogan Lovells partners Meryl…more

Business Development, Business Strategies, E-Commerce, Hiring & Firing, Joint Venture

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When the shoe does not fit: direct action clauses – can investors step into the Trustee’s shoes to enforce?

A recent High Court case (Fairhold Securitisation Limited v Clifden IOM No 1 Ltd) has affirmed that in debt issuances involving a trustee, noteholders have only limited rights to take direct enforcement action. …more

Corporate Issuers, Default, Investors, No-Action Clauses, Noteholders

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Decreto por el que se expide el Código Nacional de Procedimientos Civiles y Familiares - México

Hoy se publicó en el Diario Oficial de la Federación el Decreto por el que se expide el Código Nacional de Procedimientos Civiles y Familiares (“CNPCF”). El CNPCF abrogará los códigos de procedimientos civiles y familiares que…more

Collective Actions, Commercial Bankruptcy, Commercial Litigation, Judicial Proceedings, Mexico

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The Spanish insurance sector in the light of the COVID-19 pandemic

1. Introduction - As from the second week of March 2020, we have witnessed the publication of several laws that seek to address the significant challenges posed by the (health, economic and social) crisis caused by the…more

Commercial Insurance Policies, Consumer Insurance Products, Contract Terms, Coronavirus/COVID-19, Insurance Claims

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Collective bargaining for the self-employed – a tough gig?

On 6 January 2021, the European Commission published an "Inception Impact Assessment" seeking feedback on an initiative aimed at defining EU competition law's scope of application to "self-employed" workers (in advance of an…more

Collective Bargaining, Competition, Employee Definition, EU, European Commission

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Which Market? Equity Capital Markets: (UPDATED)

Hogan Lovells Guide to the eligibility requirements and continuing obligations of admitting securities to the Premium, Standard and High Growth segments of the Main Market and AIM – (updated as at 1 January 2018). …more

AIM, Capital Markets, EU Market Abuse Regulation (EU MAR), Financial Conduct Authority (FCA), Global Depositary Receipts (GDRs)

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Financial Institutions Horizons 2022

At our recent global conference we held in partnership with Global Digital Finance, our keynote speaker suggested that the three major drivers for financial institution regulators and policy makers for the next few years would…more

Banking Sector, Blockchain, Cryptocurrency, Digital Currency, Environmental Social & Governance (ESG)

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EPA proposes new Heavy-Duty GHG phase 3 emission standards for model years 2028-2032

On April 12, 2023, the Environmental Protection Agency (EPA) issued a Notice of Proposed Rulemaking for “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3” (the Phase 3 proposed rule or NPRM), establishing new…more

Automotive Industry, Carbon Emissions, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA)

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Court puts health care providers on notice that illegal kickbacks can trigger significant damages

The United States Court of Appeals for the Fourth Circuit recently affirmed a $114 million judgment in a protracted, and hotly contested, suit filed under the qui tam provisions of the False Claims Act (FCA) against the owner of…more

Anti-Kickback Statute, False Claims Act (FCA), Fraud and Abuse, Health Care Providers, Healthcare Fraud

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FTC finalizes rule banning non-compete agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Colorado becomes first U.S. state to enact broadly applicable AI law

On May 17, 2024, Colorado Governor Jared Polis signed the Colorado Artificial Intelligence (AI) Act (CAIA), the first broadly scoped U.S. AI law. Similar to the EU AI Act, the CAIA takes a risk-based approach and focuses on…more

Algorithms, Artificial Intelligence, Innovative Technology, Machine Learning, Personal Data

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Environmental Law in Germany - Our Expertise

Environmental law covers a range of legal areas which are often of crucial importance for investment projects in approval procedures under emissions control law and sectoral planning law or in other legal fields. The main…more

Carbon Emissions, Climate Change, Conservation, Environmental Policies, Germany

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United Food & Com. Workers Union v. Zuckerberg: Exculpatory clause does not render demand futile

In United Food & Com. Workers Union v. Zuckerberg, No. 404, 2020 (Del. Sup. Sep. 23, 2021), the Delaware Supreme Court adopted a new, three-part test for determining when a shareholder is required to make a pre-suit demand on a…more

Board of Directors, Corporate Counsel, DE Supreme Court, Demand Futility, Derivative Suit

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Rebuttable presumptions of fact under the EU Commission’s recent product liability directive proposal

Injured parties have claimed for a long time that one of the biggest obstacles they face to obtain compensation for damages suffered in product liability cases, is to meet the burden of proof regarding the defectiveness of the…more

Causation, EU, EU Directive, European Commission, Manufacturers

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SBIC Program Updates: SBA Proposes Technical Amendments to 2023 Reforms and Significant Change to Passive Business Rule

In July 2023, the U.S. Small Business Administration (SBA) released sweeping reforms to the Small Business Investment Company (SBIC) program. Many of those reforms were enacted through the Small Business Investment Company…more

Debentures, Investment, Investors, Portfolio Companies, SBA

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Responsabilité conjointe dans le secteur de la publicité digitale : retour sur l’arrêt IAB Europe de la CJUE

La Cour de justice de l'Union européenne (« CJUE ») a récemment examiné une affaire impliquant IAB Europe, une association sans but lucratif établie en Belgique, représentant les entreprises du secteur de la publicité digitale…more

Advertising, Cybersecurity, Data Controller, Data Protection, Personal Data

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UK competition reforms: new CMA powers confirmed

The UK Government recently announced a series of reforms for strengthening the UK competition regime, including measures that will increase penalties for non-compliance, speed up antitrust investigations and permit better…more

Acquisitions, Antitrust Investigations, Competition, Digital Services, Merger Controls

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STPS publica Programa de Verificación Laboral Voluntaria

La Secretaría de Trabajo y Previsión Social crea el Programa de Verificación Laboral Voluntaria para que los patrones declaren el nivel de cumplimiento de obligaciones laborales. El 1 de noviembre del 2021, la Secretaría de…more

Employer Liability Issues, Employment Policies, Health and Safety, International Labor Laws, Mexico

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Second Circuit holds that general contractor doesn’t have to be satisfied in full for real estate developer to assume and assign Ground Lease in bankruptcy

In a recent decision, the Second Circuit held that only parties with the right to pursue a breach of contract claim under an executory contract or unexpired lease have the right to demand a cure payment in the event the…more

Bankruptcy Code, Breach of Contract, Commercial Bankruptcy, Construction Contracts, Executory Contracts

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EU Member States on notice - insufficient DSA implementation

The European Commission is pushing for the implementation and enforcement of the Digital Service Act (DSA). It is now taking action against six Member States that failed to appropriately establish their national authorities, the…more

Digital Services, EU, European Commission, Member State, Online Platforms

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Highlights of new SEC rules on climate-related disclosures

On March 6, 2024, the U.S. Securities and Exchange Commission adopted its highly anticipated rules requiring climate-related disclosures. The final rules represent a significantly less burdensome set of rules than those proposed…more

Climate Change, Corporate Governance, Disclosure Requirements, Final Rules, Greenhouse Gas Emissions

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The False Claims Act Guide: 2022 and the road ahead - Anti-kickback causation in FCA suits: text or purpose?

The emerging circuit split on the causation standard used to identify claims “resulting from” violations of the Anti-Kickback Statute (AKS) for purposes of the False Claims Act (FCA) raises proof problems for relators and the…more

Anti-Kickback Statute, But For Causation, Causation, False Claims Act (FCA), Health Care Providers

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Medical devices in the EU - Update on EUDAMED database: The first module is here!

The first module of the European database on medical devices, EUDAMED, also referred to as the Actor registration module, will be made available to EU Member States and economic operators on 1 December 2020…more

EU, Life Sciences, Medical Devices, Pharmaceutical Industry, Registration

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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Biden administration issues long-awaited EV tax credit FEOC guidance

On Friday, December 1, 2023, the U.S. Department of Energy (DOE) and U.S. Department of Treasury concurrently released long-anticipated proposals regarding the “Foreign Entity of Concern” (FEOC) exclusion—a key provision…more

Biden Administration, Department of Energy (DOE), Inflation Reduction Act (IRA), Infrastructure Investment and Jobs Act (IIJA), Tax Credits

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Leaked Italian AI draft bill reveals national push to anticipate AI Act

The Italian Government is working on a national draft law on AI with the aim of regulating the transparent and responsible use of AI and of laying down the principles on research, experimentation, development, adoption and…more

Artificial Intelligence, Innovative Technology, Italy, Machine Learning, Technology Sector

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New Year, new Dutch employment law rules!

On behalf of the Employment Team of Hogan Lovells Amsterdam, we extend our best wishes for the New Year. In this newsletter, we will highlight key employment law changes effective from the 1st of January 2024, including…more

Employer Liability Issues, International Labor Laws, Minimum Wage, Netherlands, Pensions

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Retained EU Law Act and IP: draft regulation on exhaustion

The UK Intellectual Property Office has published a draft regulation on exhaustion of intellectual property rights, which has been laid before Parliament for approval. The regulation is aimed at ensuring that the UK's…more

Copyright, EU, Intellectual Property Protection, Patents, UK

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U.S. – Reframing the Test for Genericness in the Soft Drink Wars

Royal Crown Co., Inc. v. The Coca-Cola Co., 2018 WL 3040163 (Fed. Cir. June 20, 2018) - In late June, the Federal Circuit issued  an opinion in the year-long litigation between Royal Crown Co., Inc. (“RC”) and The Coca-Cola…more

Beverage Manufacturers, Coca Cola, Descriptive Trademarks, Generic, Inherently Distinctive

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NY employers’ continuing COVID-19 leave obligations…for the foreseeable future

As we previously discussed, employers with fewer than 500 employees will no longer be legally required to provide employees with leaves of absence under the Families First Coronavirus Response Act (FFCRA). As of January 1, 2021,…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Infectious Diseases, Paid Sick Leave, Relief Measures

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U.S. BIOSECURE Act: Key considerations for global cell, tissue, and gene therapy stakeholders

Efforts to curtail U.S. reliance on biotechnology companies in the People’s Republic of China (PRC) and prevent certain data of U.S. persons from being provided to the Chinese Communist Party (CCP) have come to the fore this…more

Biotechnology, China, Genetic Materials, Life Sciences

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Los inversionistas deben actuar con rapidez o perderán sus derechos de reclamación bajo el TLCAN

La posibilidad de presentar reclamos de inversiones existentes conforme al Capítulo 11 del Tratado de Libre Comercio de América del Norte (TLCAN) para la solución de controversias entre inversionistas y Estados pronto expirará y…more

Cross-Border Transactions, Exports, Foreign Investment, Free Trade Agreements, Mexico

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Leaked Italian AI draft bill reveals national push to anticipate AI Act

The Italian Government is working on a national draft law on AI with the aim of regulating the transparent and responsible use of AI and of laying down the principles on research, experimentation, development, adoption and…more

Artificial Intelligence, Innovative Technology, Italy, Machine Learning, Technology Sector

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Payment services versus e-money issuance: Court of Justice of EU clarifies regulatory border

A recent Court of Justice of the European Union (ECJ) judgment has considered where the boundary lies between regulated payment services and e-money issuance. Read on for a more detailed look at the reasoning of the ECJ in ‘ABC…more

Banking Sector, EU, Financial Services Industry, Payment Systems

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COVID-19 IP update: Intellectual Property Office developments (UK & EPO updated)

EPO - **By way of an update, on 29 July 2020 the EPO has decided to postpone all oral proceedings in examination and opposition proceedings scheduled until 31 December 2020 (previous date was 14 September 2020) unless they…more

Administrative Proceedings, EPO, EU, Intellectual Property Protection, UK

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FTC finalizes rule banning non-compete agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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BIS issues significant new export controls on certain cybersecurity items and related guidance

On October 21, 2021, the Bureau of Industry and Security (BIS) published an interim final rule (IFR) to implement significant new controls regarding certain cybersecurity items. The rule contains new and updated Export Control…more

Bureau of Industry and Security (BIS), CFIUS, Cybersecurity, ECCNs, Export Administration Regulations (EAR)

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SBIC Program Updates: SBA Proposes Technical Amendments to 2023 Reforms and Significant Change to Passive Business Rule

In July 2023, the U.S. Small Business Administration (SBA) released sweeping reforms to the Small Business Investment Company (SBIC) program. Many of those reforms were enacted through the Small Business Investment Company…more

Debentures, Investment, Investors, Portfolio Companies, SBA

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New Lease Code for Old

The professional statement, “Code for leasing business premises”, published by the Royal Institute of Chartered Surveyors (RICS) incorporates the proposal for a new lease code. The consultation period in relation to this…more

Best Practices, Commercial Leases, Commercial Tenants, Landlords, Real Estate Market

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Financing Africa's future - Who is taking the lead in lending?

On 5th July 2018, Hogan Lovells hosted its 5th annual Africa Forum themed "Africa Fit for the Future". One of the key sector sessions was led by Shalini Bhuchar, an asset finance partner, who chaired a panel of leading industry…more

Consumer Financial Products, Debt Market, Financial Services Industry, Investment, Lenders

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Domain Name News: April 2024

This is the April edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: .SWISS…more

Domain Names, gTLD, ICANN, Trademark Clearinghouse, Trademarks

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HHS final rule requires HIPAA compliance changes for reproductive health care information

The HIPAA Privacy Rule has been modified by the US Department of Health and Human Services (HHS) to increase privacy protections for reproductive health care information. These changes, which will take effect in early 2026,…more

Data Privacy, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Reproductive Healthcare Issues

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U.S. + Germany Patent Update – July 2019

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. United States - - U.S. Congress Introduces Bill Addressing Patent Subject Matter Eligibility - PTAB’s…more

Article III, German Federal Supreme Court, Germany, Intellectual Property Litigation, Intellectual Property Protection

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U.S. Fish and Wildlife Service proposes significant reform to regulations implementing the Endangered Species Act

Yesterday, the U.S Fish and Wildlife Service and National Marine Fisheries Service (the Services) proposed in the Federal Register the first major regulatory reforms to the Endangered Species Act (ESA or Act) under the Trump…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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The DOJ issues rare Opinion Release on foreign government official travel

The Department of Justice (DOJ) recently issued a rare FCPA Opinion Procedure Release concerning travel of foreign government officials. Our lawyers analyze the opinion and highlight key considerations for companies engaged in…more

Bribery, Compliance, Corporate Counsel, Corruption, Department of Justice (DOJ)

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The Tortoise and the Tories: a tale of exercising public functions

In a decision highlighting the ostensible reticence of the Court at present to exercise judicial supervision in the political arena, the Court refused Tortoise Media permission to apply for judicial review in relation to the way…more

Freedom of Expression, Human Rights, Human Rights Act, Judicial Review, UK

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Japan: Employment law update - Amendment of the Childcare and Family Care Leave Act

To deter employees from leaving their jobs due to childbirth or childcare needs and to enable both men and women to balance work and childcare responsibilities as they deem suitable, Japan’s government passed an amendment to the…more

Child Care, Employee Benefits, Employer Liability Issues, International Labor Laws, Japan

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SEC staff issues sample comments regarding climate change disclosure

On September 22 the SEC’s Division of Corporation Finance published on its website a “Sample Letter to Companies Regarding Climate Change Disclosures,” which it characterizes as an “illustrative letter” presenting “sample…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), MD&A Statements

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Patent Litigation: Dutch Court of Appeal guidance on formal entitlement to priority

On 30 July, the Court of Appeal of The Hague ruled on the formal entitlement to priority following from a US provisional patent application. The attack on priority in this case is part of a recent trend by parties in patent…more

Appeals, Entitlements, EU, European Patent Convention, Genentech

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DOE identifies foreign adversaries, seeks input on securing the U.S. bulk-power system

On 8 July 2020, the Department of Energy (DOE) published a Request for Information (RFI) regarding the implementation of Executive Order (EO) 13920 of 1 May 2020, on Securing the United States Bulk-Power System. See our prior…more

Bulk Electric System, Critical Infrastructure Sectors, Department of Energy (DOE), Executive Orders, FERC

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UK Open Banking: PSR consultation on variable recurring payments and JROC update on progress

In the latest developments relating to the UK's open banking landscape, on 18 December 2023 the Payment Systems Regulator (PSR) released a consultation paper outlining plans for expanding variable recurring payments (VRP) with…more

Banking Sector, Financial Conduct Authority (FCA), Open Banking, UK, UK Competition and Markets Authority (CMA)

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USPTO Announces Revised Guidance for Subject Matter Eligibility

The United States Patent and Trademark Office (USPTO) kicked off the new year in a big way by releasing its “2019 Revised Patent Subject Matter Eligibility Guidance”. …more

Abstract Ideas, CLS Bank v Alice Corp, Intellectual Property Protection, New Guidance, Patent Applications

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Cross-border Real Estate ESG: How will the EPBD affect EU member states… and what about the US and UK?

What is the latest position on the Energy Performance of Buildings Directive (EPBD)? How will different EU member states implement the new regime? How is the UK grappling with the need to improve energy performance across the…more

Climate Change, Cross-Border Transactions, Energy Efficiency, Environmental Social & Governance (ESG), EU

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Overview of EU, German federal and German states’ financing measures for companies responding to COVID-19 (UPDATED)

In response to the economic effects of the COVID-19 pandemic and market uncertainty, plethora of financing measures was introduced at EU level, German federal level and German state’s level. In their joint effect, these measures…more

Coronavirus/COVID-19, EU, Financing, Germany, Infectious Diseases

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Dutch DPA Issues Record Fine for Violating GDPR Data Subject Rights

The Dutch Data Protection Authority (DPA) issued a EUR 830,000 (approximately USD 937,000) fine against the Dutch Credit Registration Bureau (BKR) for violating data subject rights. The fine stems from BKR’s practice of charging…more

Corporate Counsel, Data Protection Authority, Data Subject Access Requests, Data Subjects Rights, EU Data Protection Laws

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Africa Stand Up: Strengthening supply chains – the key challenge for Africa

Supply chain development is at the heart of any ability for Africa to "Stand Up". Without urgent improvement Africa risks remaining a supplier of primary materials to which others add value, leaving it vulnerable to the vagaries…more

Africa, Aviation Industry, Blockchain, Distributors, Manufacturers

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Cyber Resilience Act - New initiative to create cybersecurity rules for digital products

In a call for Evidence for an Impact Assessment, the European Commission has introduced its initiative for a new Cyber Resilience Act that is set to establish new cybersecurity rules for digital products and ancillary services…more

Cybersecurity, Data Protection, Data Security, EU, EU Data Protection Laws

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Dutch DPA issues guidelines on data scraping

On 1 May 2024, the Dutch Data Protection Authority (DPA) issued guidelines on data scraping used by private organisations in relation to GDPR principles including ‘lawfulness’. The guidelines could affect the way GenAI business…more

Cybersecurity, Data Privacy, Data Protection, Data Protection Authority, Data Security

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COVID-19: Summary of National Payment Moratoria Measures in Europe (UPDATED)

Our note summarises key national payment moratoria measures and other reliefs related to the COVID-19 pandemic which have been introduced in various European countries and which are relevant in the context of structured finance…more

Coronavirus/COVID-19, Debt Relief, EU, European Banking Authority (EBA), Late Payments

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EPA designates PFOA and PFOS as hazardous substances under CERCLA

The U.S. Environmental Protection Agency (EPA) has designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Towards increased market surveillance for vehicles and engines in France with the creation of a new dedicated authority

As a consequence of the strengthening of European regulations on the protection of health and the environment following the Diesel issues, the French Ministry in charge of transports announced on 11 June 2020 the creation of a…more

Enforcement Authority, EU, France, Motor Vehicles, National Emissions Standards

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Spain publishes FinTech guide

The recently issued Spanish National Securities Market Commission's guide on FinTech looks at the different types of FinTech companies and the considerations to bear in mind when using such services…more

Asset Management, Capital Markets, Cryptoassets, EU, Financial Services Industry

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Strengthen and streamline - Australia sets out plans to revamp its foreign investment regime

The Australian government has set out an ambitious plan to attract overseas investors with a proven track record whilst at the same time toughening up safeguards for investment seen as higher-risk. Treasury Minister Jim Chalmers…more

Australia, Critical Infrastructure Sectors, FIRB, Foreign Investment, National Security

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German Parliament Passes New Federal Data Protection Act

On 27 April 2017 the German Parliament passed an entirely new Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). The new BDSG replaces the old BDSG, which has been in force for the last 40 years. The new BDSG shall…more

Data Processors, EU, EU Data Protection Laws, General Data Protection Regulation (GDPR), Germany

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Corporate Transparency Act declared unconstitutional in Alabama federal court

The court issued a permanent injunction against enforcement by the U.S. Department of the Treasury and its Financial Crimes Enforcement Network (FinCEN) of the Corporate Transparency Act (CTA) for the named plaintiffs only. All…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

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Creation of a Health Data Agency in Belgium – A key agency for the future European Health Data Space

On January 17th, 2024, Belgium welcomed the official launch of the Belgian Health Data Agency. This Agency aims to enhance the availability and utilisation of health data and healthcare data with the objective to drive…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Digital Health

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Insolvenzen von Pflegeheimbetreibern – was passiert mit Oma, dem Miet-/Pachtverhältnis und dem Betrieb?

In den letzten Wochen haben in Deutschland zwei größere Betreiber der stationären Pflege und von betreutem Wohnen Insolvenz angemeldet. Auch wenn dies aus unserer Sicht nur Einzelfälle sind und kein Krankheitssyndrom der…more

Commercial Bankruptcy, Germany, Insolvency, Leases, Long Term Care Facilities

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COVID-19: The country is opening up – what does this mean to your business?

It is over a year since the first UK-wide lockdown and, as time has passed, our understanding of the virus and familiarity with the safety measures it necessitates has increased.  But neither individuals or organisations can…more

Business Travel, Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Re-Opening Guidelines

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Contract and claim dispute management in the infrastructure and energy sector

Importance of contract, claim and dispute management - Rapid urbanisation and growing demand mean that the construction industry is one of the largest industry sectors in the world, consistently poised to outpace the world GDP…more

Arbitration, Commercial Contracts, Construction Project, Contract Drafting, Contract Management

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Actualités Législatives et Réglementaires – Février 2023

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de février 2023. Ces Actualités législatives et…more

Capital Markets, EU, France, Insurance Industry, Intellectual Property Protection

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Engage Finance Newsletter N°26, Mai 2024 – France

Extension de procédure collective en raison d'un compte courant d'associé débiteur Cass. Com., 13 septembre 2023, n°21- 21.693 Par un arrêt en date du 13 septembre 2023, la chambre commerciale de la Cour de cassation a rendu une…more

Banking Sector, Banks, Financial Institutions, Financial Services Industry, France

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China launches pilot scheme for C-REITs: the era of REITs "with Chinese characteristics" begins

On 30 April 2020 the People's Republic of China (China or the PRC) announced a pilot scheme for establishing real estate investment trusts (REITs) dedicated to the infrastructure sector, dubbed as the "real" China REITs…more

China, Community Development, Infrastructure, Investment Funds, Pilot Programs

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EU Class Action Update - Progress in France, Germany, Italy, the Netherlands, Poland and Spain

By 25 December 2022, all EU Member States were expected to have adopted and published, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2020/1828 on representative actions for the…more

Class Action, Collective Actions, Collective Redress, EU, Member State

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Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience to…more

Banking Sector, Blockchain, Cryptocurrency, Environmental Social & Governance (ESG), EU

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Doing business in Italy 2023

This booklet has been written specifically for business individuals and whilst it may be of interest to their local advisers, such as lawyers or accountants, the information is intended for a wider audience. We cover topics…more

Corporate Governance, Doing Business, EU, Foreign Corporations, Foreign Subsidiaries

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Climate litigation in Italy: first lawsuit against the State ends with a dismissal ruling

A recent ruling by the Court of Rome suggests that the road for climate litigation might face an uphill climb in Italy, at least as far as litigation against the State and public entities is concerned. The civil lawsuit brought…more

Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Italy

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EU-Richtlinienvorschlag zur Harmonisierung des Insolvenzrechts

Nach der Implementierung des StaRUG-Verfahrens in 2021 zeichnet sich abermalig die Einführung eines neuen sanierungsrechtlichen Verfahrens ab. Auch wenn der europäische Gesetzgebungsprozess sich noch in einem frühen Stadium…more

Creditors, Debtors, Germany, Insolvency

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New cyber security and software update rules in the automotive industry in 2022

Cyber security and software updates are becoming increasingly important, particularly for companies in the automotive and mobility industry. Main drivers are particularly new automated/autonomous driving and connectivity…more

Automotive Industry, Connected Cars, Cybersecurity, Data Collection, Data Protection

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FDA proposal classifying wound dressings/washes with antimicrobials may require PMAs, new 510(k)s

Last week, the U.S. Food and Drug Administration (FDA) proposed two new rules for classification of certain, previously unclassified wound dressings and liquid wound washes containing antimicrobials, which would categorize…more

510(k) RTA, Food and Drug Administration (FDA), Life Sciences, Medical Devices, Pharmaceutical Industry

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UK passes automated vehicles Act 2024

On 20 May 2024 the UK passed the Automated Vehicles Act 2024, setting up a comprehensive framework for the regulation of self-driving vehicles in the UK. On 20 May 2024 the UK passed the Automated Vehicles Act 2024, setting up a…more

Automation Systems, Automotive Industry, Connected Cars, UK

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IPunkt | IP auf den Punkt gebracht - Januar 2019

MARKENRECHTSMODERNISIERUNGSGESETZ (MaMoG) ZUR UMSETZUNG DER EU-MARKENRECHTSLINIE 2015/2436 TRITT IN KRAFT - Am 14. Januar 2019 trat die Novellierung des Markengesetzes durch das MaMoG in Kraft, mit der eine Reihe von…more

Data Breach, Data Protection, E-Commerce, EU, European Union Intellectual Property Office (EUIPO)

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Presumption of resignation for abandonment of position: clarification by decree and the Ministry of Labor

Our social team briefly reviews the publication of the decree on the presumption of resignation for abandonment of position, which allows the entry into force of the system in France, as well as the clarifications provided by…more

Employment Policies, France, International Labor Laws, Labor Relations, Ministry of Labour

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How to deal with data protection and network security issues in M&A operations in the Asia-Pacific region

In recent years, the Asia-Pacific region has been the central hub of M&A activities. Even in 2020, when investment activities are hit by the new crown epidemic, the Asia-Pacific region is still relatively independent. Despite…more

Asia Pacific, Asset Purchase Agreements, Corporate Sales Transactions, Cybersecurity, Due Diligence

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Latest on Brexit - How to enforce a UK judgment in the Netherlands after the transition period in a No Deal Scenario?

Historically the UK has always been a popular country to litigate. Contract dispute clauses quite often refer to English law as the applicable law and the London courts as the go-to forum…more

Brussels Regulation, Hague Convention, Netherlands, Trade Policy, UK

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Documents Challenging Attorney General Sessions’ Grant Conditions Regarding “Sanctuary Cities”

We are filing a lawsuit against Attorney General Sessions in the Eastern District of Pennsylvania on behalf of the City of Philadelphia. It asserts the U.S. Department of Justice (DOJ) new grant conditions imposed in July…more

Declaratory Judgments, Department of Justice (DOJ), Executive Orders, Federal Funding, Injunctions

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Employment in the news | May 2024

April was a smorgasbord of developments, with a UK Supreme Court case on detriments and industrial action and two EAT decisions on international jurisdiction. In Parliament, another family-friendly bill is proceeding with…more

Employee Benefits, Employer Liability Issues, Paternity Leave, UK, Wage and Hour

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France to transpose CSRD first among Member States: what are the new requirements?

Pursuant to Article 12 of Law no. 2023-171 of 9 March 2023 containing various provisions for adapting to European Union law in the fields of the economy, health, labour, transport and agriculture, French Order no. 2023-1142 on…more

Corporate Governance, Environmental Social & Governance (ESG), France, Reporting Requirements, Risk Management

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Electronic signatures - Doing business remotely

This memorandum provides a better understanding of doing business remotely in the Netherlands – more particularly on electronic signatures and decision making…more

Contract Formation, Coronavirus/COVID-19, E-Signatures, EU, Netherlands

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Insolvenzen von Pflegeheimbetreibern – was passiert mit Oma, dem Miet-/Pachtverhältnis und dem Betrieb?

In den letzten Wochen haben in Deutschland zwei größere Betreiber der stationären Pflege und von betreutem Wohnen Insolvenz angemeldet. Auch wenn dies aus unserer Sicht nur Einzelfälle sind und kein Krankheitssyndrom der…more

Commercial Bankruptcy, Germany, Insolvency, Leases, Long Term Care Facilities

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UK: Earth Day: Investing in our Planet – real estate and planning

As Earth Day comes around this Saturday 22 April, and attention turns to what we should, could, and are each doing to help the planet it seems a great time to reflect on what the planning and real estate industries are currently…more

Biodiversity, Climate Change, Earth Day, Environmental Policies, Environmental Social & Governance (ESG)

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UK Insurance Horizon Scanner - May and June 2024

A snapshot of key market and regulatory developments expected to impact the UK insurance sector over the next few months. Coming up in May and June. MONTH DATE DETAILS MAY 31 ESG: all authorised firms need to comply with the FCA…more

Financial Conduct Authority (FCA), Insurance Industry, Life Insurance, Solvency II, UK

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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Foreign Investment in Australia: what you need to know

What you need to know Under Australia’s foreign investment regime, certain types of investments by foreign private investors or foreign government investors need to be notified to, and reviewed and a statement of no objection is…more

Acquisitions, Australia, Critical Infrastructure Sectors, FIRB, Foreign Acquisitions

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[Webinar] From "no poach" to merger control: An update on the continuing evolution of antitrust enforcement in labor markets - March 16th, 12:00 pm - 1:00 pm EDT

Join the Hogan Lovells Antitrust and Competition team on Wednesday, March 16, 2022 for a discussion on the evolution and expansion of antitrust enforcement in labor markets and how to identify and avoid common pitfalls in a…more

Antitrust Provisions, Antitrust Violations, Competition, Continuing Legal Education, Enforcement

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Sovereign investment in the sports industry

Investors active in the sports industry have reaped high rewards across the globe in recent years. These investors include sovereign investors willing to enter the game and capitalize on the strong financial performance, unique…more

Brand, Debt Financing, Foreign Ownership, Franchises, Investment

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Öffentliche Übernahmen in Deutschland Newsletter 2024

Herzlich willkommen zur siebten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2023 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Foreign Investment, Germany, Merger Controls, Mergers

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ESG securitisation disclosure – a moveable feast

The securitisation industry is already very familiar with data reporting requirements. The growing need for disclosure supporting sustainability credentials will only add to this. We discuss below issues relating to ESG…more

Disclosure, Electric Vehicles, Environmental Social & Governance (ESG), European Banking Authority (EBA), Green Securities

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PISCES: Government proposes innovative new UK platform for trading in shares of private companies

On 6 March 2024, as part of its Spring Budget measures, the Government published a consultation on its proposed new ‘Private Intermittent Securities and Capital Exchange System’ (known as PISCES). The new platform will allow the…more

Financial Markets, Investment, Investors, UK

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Roundtable discussion on Global Standards for AI Governance and the UK's AI regulatory framework

A cross-practice Global Regulatory & IPMT team hosted a roundtable discussion on the key requirements that industry would like to see incorporated in the UK Government’s approach to developing its AI regulatory framework…more

Artificial Intelligence, Regulatory Agenda, UK

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Second Circuit confirms: No discovery for private international arbitrations

The Second Circuit confirmed this week that within the circuit, parties may not ask federal courts to order discovery for use in private arbitrations. The Second Circuit's ruling, In re Application and Petition of Hanwei Guo,…more

28 U.S.C. § 1782, Discovery, Discovery Disputes, Evidence, Foreign Tribunals

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DMA - a whole new world for large platform service providers?

The European Commission has published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’…more

Data Management, Digital Marketplace, EU, European Commission, General Data Protection Regulation (GDPR)

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2022 Annual Retail and Fashion Holiday Guide

The holiday shopping season is upon us once again and this year, much like last year, continues to present unique challenges and opportunities for consumer companies and retailers. In this nearly “post-COVID” environment,…more

Brick-and-Mortar Stores, Cryptocurrency, Digital Assets, Digital Marketplace, E-Commerce

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FTC finalizes rule banning non-compete agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Colorado becomes first U.S. state to enact broadly applicable AI law

On May 17, 2024, Colorado Governor Jared Polis signed the Colorado Artificial Intelligence (AI) Act (CAIA), the first broadly scoped U.S. AI law. Similar to the EU AI Act, the CAIA takes a risk-based approach and focuses on…more

Algorithms, Artificial Intelligence, Innovative Technology, Machine Learning, Personal Data

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European Parliament adopts CS3D: New ESG litigation risks in the supply chain

The EU is implementing new regulations to hold companies liable for human rights and environmental violations within the global supply chain. On 24 April 2024, the European Parliament passed the Corporate Sustainability Due…more

Damages, Human Rights, Supply Chain, Sustainability

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CMS Issues Draft Guidance on Inflation Reduction Act (IRA) Drug Price Negotiation Program for 2027

On May 3, 2024, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for initial price applicability year (IPAY) 2027 of the Drug Price Negotiation Program established by the IRA. Notwithstanding the agency’s…more

Centers for Medicare & Medicaid Services (CMS), Draft Guidance, Drug Pricing, Inflation Reduction Act (IRA), Medicare

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Highlights of new SEC rules on climate-related disclosures

On March 6, 2024, the U.S. Securities and Exchange Commission adopted its highly anticipated rules requiring climate-related disclosures. The final rules represent a significantly less burdensome set of rules than those proposed…more

Climate Change, Corporate Governance, Disclosure Requirements, Final Rules, Greenhouse Gas Emissions

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Beyond Brexit transition – the divergence of UK and EU competition law

The end of the Brexit transition period on 31 December 2020 is likely to be a watershed in UK competition law. There will be some immediate changes including..…more

Antitrust Provisions, Competition, EU, UK, UK Brexit

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Compensation claims for hotel operators

The prohibition of the use of certain hotel facilities ordered by the countries responsible for the enforcement of the German Infection Protection Act ("IfSG") can have serious economic consequences. Already with the ordinances…more

Business Closures, Business Losses, Coronavirus/COVID-19, EU, Germany

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Children's rights in the digital world: new guidelines in the Netherlands

On 12 March 2021, the "Code for Children's Rights" ("Code voor Kinderrechten") was launched in the Netherlands. The Code was developed by the University of Leiden and the Waag organisation commissioned by the Dutch government…more

Children's Products, Data Privacy, EU, Information Technology, Mobile Apps

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Einfluss der Zustimmung des Aufsichtsorgans auf die Geschäftsleiterentlastung im Rahmen der BJR

In Prozessen, welche die Haftung von Geschäftsleitern betreffen, kommt der Genese unternehmerischer Entscheidungen oftmals eine wesentliche Bedeutung zu. Hierbei sind Unternehmen und anwaltliche Vertreter gut beraten, auch einer…more

Board of Directors, Business Judgment Rule, Germany, Liability, Managers

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Litigation and regulatory risks of LIBOR cessation guide launched

With significant work being undertaken by industry bodies and institutions to prepare for the cessation of LIBOR in 2021, we have launched our Litigation and regulatory risks of LIBOR cessation guide to highlight litigation and…more

Benchmarks, Financial Conduct Authority (FCA), Interest Rates, Libor, Regulatory Standards

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The Social Value Act Requirements: More Detail

The UK government has looked at this question in The Social Value Model and Guide to Using the Social Value Model.We refer to these together below as “the Guidance”. We have commented before on the Social Value Act - here. The…more

Competitive Bidding, Federal Contractors, Public Procurement Policies, Public Projects, UK

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Employment in the news | May 2024

April was a smorgasbord of developments, with a UK Supreme Court case on detriments and industrial action and two EAT decisions on international jurisdiction. In Parliament, another family-friendly bill is proceeding with…more

Employee Benefits, Employer Liability Issues, Paternity Leave, UK, Wage and Hour

See all updates »

EU Parliament's Committees vote on the proposal for a revision of EU product liability law

A joint Committee of the European Parliament consisting of the Internal Market and Consumer Protection Committee (“IMCO”) and the Committee on Legal Affairs (“JURI”) approved their position on the European Commission's Proposal…more

EU, EU Directive, European Commission, Manufacturers, Product Defects

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"Less is more" – Germany eases merger control requirements

On 14 January, the German Parliament passed far-reaching amendments of German antitrust law, the Act against Restraints of Competition (ARC), which also affect merger control. The amendment, also known as the "German Competition…more

Antitrust Provisions, Competition, Corporate Sales Transactions, EU, Germany

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CES 2024: AI, Sustainability, Inclusivity and Living Technology

Our cross sector team enjoyed connecting with colleagues and friends at CES 2024 as well as taking a peek into the future. Our key takeaway: AI and sustainability were everywhere. AI applications and sustainability advances were…more

Artificial Intelligence, Automotive Industry, Aviation Industry, Popular, Supply Chain

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View from the Horizon: Artificial Intelligence and Cannabusiness in London

On May 16 the second edition of our new global series, Life Sciences and Health Care Horizons, took place in London featuring two panel discussions that focused on the challenges and opportunities in two of the sector’s emerging…more

Agribusiness, Artificial Intelligence, Cannabis Products, Data Collection, Data Protection

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UK announces the “largest and most severe package of economic sanctions that Russia has ever seen”

UK Prime Minister Boris Johnson announces the “largest and most severe package of economic sanctions that Russia has ever seen” before Parliament and OFSI designates additional Russian entities and individuals as asset freeze…more

Asset Freeze, Economic Sanctions, Enforcement Priorities, EU, Foreign Policy

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Private equity – Navigating manager exits and management incentives in challenging times

This article discusses the key issues to be considered where a senior executive’s employment is to be terminated and the management incentive plan needs a reset, all in the context of operating in times of economic stress. This…more

Incentive Compensation, Investment, Investors, Portfolio Companies, Private Equity

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Biden Administration sanctions target Russian technology and defense sectors and Russian sovereign debt

On 15 April 2021, the U.S. Government announced a number of new sanctions measures against Russia, targeting a variety of “harmful foreign activities” contrary to U.S. foreign policy…more

Biden Administration, Crimea, Critical Infrastructure Sectors, Defense Sector, Economic Sanctions

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Staples on LP stake sales in secondaries

It is now no longer uncommon that as a condition to approving the transfer of a limited partner ("LP") interest in a private fund, the general partner ("GP") of such fund may seek a stapled primary commitment to its newest…more

Investment, Investors, Limited Partnerships, Private Funds

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Secondary Portfolio Sales - A Guide to Pension Funds Selling Fund Interests

Private equity and other illiquid private market investment funds have become increasingly relevant to pension fund investors in recent years as they have sought to diversify a minority proportion of their portfolios away from…more

Employee Benefits, Investors, Pension Funds, Pensions, Private Funds

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[Webinar] Consumer Duty – it’s closer than you think - September 14th, 11:00 am - 12:00 pm BST

The FCA has released final rules for the Consumer Duty. Whilst most people have focused on the news that the implementation deadline will be extended to July 2023, a firm's board must, by the end of October 2022, need to have…more

Board of Directors, Consumer Financial Products, Consumer Protection Laws, Final Rules, Financial Conduct Authority (FCA)

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Standard Essential Patent Update – August 2019

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United…more

5G Network, Anticompetitive Behavior, Antitrust Provisions, Blackberry, China

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ESG Market Alert – March 2022

In this alert, we provide a round-up of the latest developments in ESG for UK corporates. In this month’s ESG Market Alert, we cover: The EU Commission’s proposal for a directive on ESG-related due diligence obligations for EU…more

Corporate Governance, Due Diligence, Environmental Social & Governance (ESG), EU, European Commission

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NLRB Reverses Several Obama-Era Decisions; Loosens Grip on Employers

In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the…more

Boeing, Browning-Ferris Industries of California Inc., Collective Bargaining, Deregulation, Employee Handbooks

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Election 2020 Snapshot: Helping our clients make sense of the U.S. election results

On Tuesday, November 3, 2020, Americans chose the presidency and the makeup of the United States Congress. With the U.S. election now decided, with the exception of the Georgia Senate races, we are delighted to share with you…more

5G Network, Antitrust Provisions, Biden Administration, CFIUS, Coronavirus/COVID-19

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FDA Releases Revised Appendix 1 and Introduction to Hazard Analysis and Preventive Controls Draft Guidance

The U.S. Food and Drug Administration (FDA) recently released an update of its multi-chapter draft guidance, “Hazard Analysis and Risk-Based Preventive Controls for Human Food: Draft Guidance for Industry” (PCHF Draft Guidance),…more

Draft Guidance, Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Food Supply

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EU Class Action Update - Progress in France, Germany, Italy, the Netherlands, Poland and Spain

By 25 December 2022, all EU Member States were expected to have adopted and published, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2020/1828 on representative actions for the…more

Class Action, Collective Actions, Collective Redress, EU, Member State

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An update on cooperation in the life sciences industry: the European Commission’s framework for sending “comfort letters” on cooperation efforts for essential products

The European Commission has published a Temporary Framework Communication to provide guidance to companies that are cooperating to ensure the supply and distribution of essential products – including medicines and medical…more

Coronavirus/COVID-19, EU, European Commission, Life Sciences, Medical Devices

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Teil 2: Photovoltaik – Wissenswertes für den Eigentümer einer Gewerbeimmobilie

Dieser Beitrag befasst sich mit den Besonderheiten, auf die ein Eigentümer einer gewerblich genutzten Immobilie bei dem Betrieb einer Photovoltaikanlage achten muss, damit das Investment nicht nur ökologisch, sondern auch…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Electricity, Energy Projects

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Security Snippets: DHS issues AI security and safety guidelines for critical infrastructure

DHS advises safeguards to protect AIs and to protect critical infrastructure from AI-powered attacks. In continuing its work under the Biden Administration’s Executive Order 14110, “Safe, Secure, and Trustworthy Development…more

Artificial Intelligence, Critical Infrastructure Sectors, Cybersecurity, Department of Homeland Security (DHS)

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Gesetzesentwurf zur Einführung von Eletronischen Wertpapieren

Nachdem das Bundesministerium der Justiz und für Verbraucherschutz und das Bundesministerium der Finanzen mit dem Diskussionspapier "Eckpunkte für die regulatorische Behandlung von elektronischen Wertpapieren und Krypto-Token..…more

Blockchain, Capital Markets, Cryptocurrency, Debt Instruments, EU

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Strategic financial options for clinical stage life sciences companies in a troubled equity market

Early 2023 has seen new and unprecedented financial challenges for clinical stage life sciences companies. The financing rounds of 2021 and 2022 are starting to run off, while at the same time the equity markets are either…more

Biotechnology, Debt Financing, Equity Financing, Financing, Life Sciences

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UK pensions: ambitions for defined benefit (DB) schemes

The government has ambitious plans for the future of defined benefit (DB) pension schemes, many of which, it is hoped, will help the UK economy through increased investment in productive finance.  In particular, the government…more

Defined Benefit Plans, Defined Contribution Plans, Employee Benefits, Pension Protection Fund (PPF), Pension Schemes

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Sustainable Products Regulations - Sustainable is the New Black – Will there soon be a “Green” Battery?

Zero-emission mobility, storage of wind and solar energy, vast amounts of portable electronics – the demand for batteries is tremendous. Batteries are a crucial factor for the development of decarbonised and climate-neutral…more

Batteries, Electricity, Energy Market, Energy Projects, Energy Sector

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Investing in Africa in 2019 – what you should know

Africa is comprised of a range of distinct investment destinations, with a multitude of cultures, business practices, as well as political and economic circumstances…more

Africa, Critical Infrastructure Sectors, Economic Development, Emerging Growth Companies, Foreign Direct Investment

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Fifth Circuit upholds injunction against borrower defense and closed school loan discharge rules

On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden…more

Borrower Defense Rule, Dischargeable Debts, Educational Institutions, Student Loans, Students

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UK Supreme Court judgment opens up potential for a “radical review” of the entire litigation funding sector

UK Supreme Court judgment requires litigation funding agreements to comply with additional conditions. In a judgment released this week the Supreme Court has held that litigation funding agreements (“LFAs”), by which a…more

Damages, UK, UK Supreme Court

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FDA advances nutrition initiatives: dietary guidance statements and salt substitutes in standardized foods

FDA recently issued two nutrition-related initiatives regarding dietary guidance statements and the use of salt substitutes in standardized foods. The first initiative, a draft guidance, contains agency recommendations on the…more

Centers for Disease Control and Prevention (CDC), Comment Period, Dietary Guidelines, Draft Guidance, Food and Drug Administration (FDA)

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Life Sciences and Health Care Horizons - 2020

We are pleased to provide you with the third annual installment of our Life Sciences and Health Care Horizons guide. For each of these guides, we have asked our industry thought leaders throughout the world to write about trends…more

3D Printing, AIDS, Analytics, Artificial Intelligence, Biosimilars

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MOVE - Hot Topic One-Pagers

What’s happening • Many hydrogen use cases are in the transportation sectors: autos, trucks, rail and shipping. Aviation uses are in development. • Under the US Inflation Reduction Act, coupled with the Hydrogen Hubs initiative,…more

Automotive Industry, Charging Stations, Connected Cars, Driverless Cars, Electric Vehicles

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State laws governing abortion raise questions over legality of embryonic stem cell research

New, or newly interpreted, state laws and court decisions governing abortion may directly affect access to medical care and treatment for patients who are, or who want to become, pregnant. They also have potential implications…more

Abortion, Life Sciences, Medical Research, Pregnancy, Reproductive Healthcare Issues

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Non-UK resident SDLT surcharge: adding 1% and more complexity: Part II

In February we discussed the government’s intention to increase stamp duty land tax for non-UK residents. The proposal is to add 1% to the SDLT charge for non-UK resident buyers of UK residential property…more

Foreign Investment, Property Tax, Real Estate Investments, Real Estate Market, Real Estate Transactions

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Beyond Earth’s Gravity: Navigating legal hurdles in space-based drug research and development

Innovative technologies are reshaping every industry, presenting new business cases and changing our daily lives. These technologies are hyper-connecting the world and offering new ways to interact. Particularly in the Space and…more

Funding, Intellectual Property Protection, Outer Space, Research and Development, Satellites

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Remote hearings in the English courts – Learning points and pitfalls to avoid

We have recently successfully represented a client at a 3-day remote hearing relating to an application for specific disclosure. In line with the recent guidance from the Commercial Court, the hearing was conducted via Skype for…more

Client Services, Coronavirus/COVID-19, Emergency Management Plans, Judicial Proceedings, Remote Working

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FDA issues list of essential medicines and countermeasures required under Buy American Executive Order

Regarding the Trump Administration’s August 6, 2020 “Buy American” Executive Order, which was the subject of a prior client alert, the U.S. Food and Drug Administration (FDA) announced that it published a list of 223 drug and…more

Biologics, Buy America, Food and Drug Administration (FDA), Life Sciences, Medical Devices

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United Kingdom to withdraw from the Energy Charter Treaty

On 22 February 2024, the Government of the United Kingdom (UK) announced that the UK would withdraw from the Energy Charter Treaty (ECT) after a recent failed attempt to modernise its text…more

Energy Charter Treaty, EU, International Arbitration, Investment, Investors

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European product liability directive : going digital again

With the initiative “Adapting liability rules to the digital age and circular economy” this summer, the EU has taken another step towards a revision of the Product Liability Directive 85/374/EEC (the “Directive”). Since October…more

Artificial Intelligence, Court of Justice of the European Union (CJEU), European Commission, Medical Devices, Strict Liability

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FTC finalizes rule banning non-compete agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Italy: Emergency regulation for COVID-19 clinical trials and compassionate uses

Italy was the first and among the hardest-hit countries in Europe by the COVID-19 pandemic. Emergency regulation for COVID-19 clinical trials and compassionate uses…more

Clinical Trials, Coronavirus/COVID-19, Italy, Medical Devices, Medical Supplies

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Changes in insurance regulation: China / Hong Kong / Singapore / Indonesia / Vietnam - January - March 2018

Our Asia insurance regulatory tracker for the first quarter of 2018 is below. It includes updates on the introduction of an insurance levy in Hong Kong, a consultation on agency recruitment incentives in Singapore, and new…more

AML/CFT, China, CIRC, Disclosure Requirements, Equity Investors

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The EU Cyber Resilience Act: what to expect

The European Commission recently proposed the EU Cyber Resilience Act, a regulation on cybersecurity requirements for products with digital elements. The proposal introduces wide-ranging technical and governance measures that…more

Cybersecurity, Data Privacy, EU, European Commission, Financial Services Industry

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Amendment to Turkish law brings new opportunities for investors in NPLs

A recent amendment to existing legislation potentially opens the door to international investors in the Turkish NPL market for the first time. Background On 16 October 2021, the Communiqué (III-58.1) on Asset or Mortgage Backed…more

Asset Management, Capital Markets, Mortgage-Backed Securities, Non-Performing Loans (NPL), Securitization

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RegTech: an Invisibility Cloak for Regulation?

Moving onto the second day of the Innovate Finance Global Summit 2017, Hogan Lovells hosted a roundtable focussed on Making Regulation Invisible: Using RegTech to Embed Rules into Workflow. A full house reinforced the nirvana…more

Consumer Financial Products, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry, FinTech

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Foreign investors should consider treaty protections when structuring their investments abroad

Investors seeking to invest abroad – including investment funds – should safeguard and strengthen their investments by considering treaty protections. Investment Treaties can provide foreign investors access to substantive…more

Bilateral Investment Treaties, Foreign Investment, Investment Funds, Investors

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News on remote working legislation in Italy

As of 1st April 2024, the provisions which have regulated remote working for private companies during all the pandemic period in Italy are no longer in place. Therefore, from such date, the ordinary regime of remote working, set…more

Employer Liability Issues, International Labor Laws, Italy, Remote Working

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Implicaciones para las empresas de la Ley Orgánica de garantía integral de la libertad sexual

El pasado 7 de octubre de 2022 entró en vigor la Ley Orgánica 10/2022, de 6 de septiembre, de garantía integral de la libertad sexual (“LOGILS”), también conocida como la “Ley del solo sí es sí”. Esta norma ha incorporado…more

Criminal Code, Criminal Liability, Human Rights, Penal Code, Sexual Assault

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Modificada la normativa reguladora de las evaluaciones de impacto ambiental

El pasado 14 de junio se ha publicado en el BOE el Real Decreto 445/2023, de 13 de junio, por el que se modifican los anexos i, ii y iii de la ley 21/2013, de 9 de diciembre, de evaluación ambiental, anexos relativos a aquellos…more

Environmental Assessments, Environmental Impact Statements, Hydropower, Renewable Energy, Spain

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Changes in insurance regulation: Mainland China / Hong Kong / Singapore / Indonesia / Vietnam

On 12 January 2021, the China Banking and Insurance Regulatory Commission (CBIRC) issued the Regulating the Informatization Work of Insurance Intermediaries Measures (Insurance Intermediaries Measures), which took effect on 1…more

Capital Markets, China, Consumer Insurance Products, Foreign Exchanges, Foreign Investment

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ESG: The global energy crisis: a cross-border comparison

The International Energy Agency has said the world faces its first “truly global energy crisis” as a result of Russia’s invasion of Ukraine and the subsequent restriction of supply of Russian gas. Here is how the UK, Germany,…more

Cross-Border, Electricity, Energy Market, Energy Projects, Energy Sector

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Update on the new rules regarding the acquisition of paid leave

Our Employment team takes a brief look at the amendment which has been passed and which will reform the system for acquiring paid leave in the event of illness, following the French Supreme Court rulings of September 13, 2023…more

Employer Liability Issues, France, Paid Leave, Wage and Hour

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Implicaciones para las empresas de la Ley Orgánica de garantía integral de la libertad sexual

El pasado 7 de octubre de 2022 entró en vigor la Ley Orgánica 10/2022, de 6 de septiembre, de garantía integral de la libertad sexual (“LOGILS”), también conocida como la “Ley del solo sí es sí”. Esta norma ha incorporado…more

Criminal Code, Criminal Liability, Human Rights, Penal Code, Sexual Assault

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Doing business in Italy 2023

This booklet has been written specifically for business individuals and whilst it may be of interest to their local advisers, such as lawyers or accountants, the information is intended for a wider audience. We cover topics…more

Corporate Governance, Doing Business, EU, Foreign Corporations, Foreign Subsidiaries

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U.S. Supreme Court rejects categorical rule that generic term plus “.com” results in a generic composite

The United States Supreme Court holds that adding a top-level domain, like “.com”, to an otherwise generic term does not automatically result in a generic composite, and that a genericness determination must consider the…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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Actualités Législatives et Réglementaires – Avril 2024

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois d’avril 2024. Ces Actualités législatives et…more

Advertising, European Union Intellectual Property Office (EUIPO), France, Influencers, Social Media

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The False Claims Act Guide: 2021 and the road ahead

In the latest edition of our False Claims Act Guide: 2021 and the road ahead, we analyze the key developments from 2021 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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U.S. eases Venezuela sanctions following electoral roadmap agreement

In recognition of political progress between the Government of Venezuela and opposition parties—notably, the signing of an electoral roadmap agreement between the Unitary Platform and representatives of Nicolas Maduro--the U.S…more

Economic Sanctions, General Licenses, Office of Foreign Assets Control (OFAC), SDN List, Venezuela

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EU: MiFIR Amendments prohibiting Payment for Order Flow (PFOF) entered into force on 28 March 2024

On 8 March 2024, the final consolidated revised Markets in Financial Instruments Regulation (MiFIR) (Regulation (EU) 2024/791) and Markets in Financial Instruments Directive (MiFID II) (Directive (EU) 2024/790) texts were…more

EU, Financial Markets, MiFID II, MiFIR

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Key takeaways from the retail buzz coffee chat with the Hogan Lovells NY team (UPDATED)

On 28 March 2023, the Hogan Lovells New York Retail Team hosted a coffee chat webinar discussing the latest news and developments of 2023 in retail. The event featured Meryl Bernstein (Intellectual Property, Media, and…more

Cybersecurity, E-Commerce, Financial Institutions, Financial Markets, Financial Services Industry

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ESMA statement on sustainability disclosure in prospectuses: impact on prospectuses and final terms

ESMA has issued a statement on sustainability disclosure in prospectuses issued under the EU Prospectus Regulation. Although the statement is directed to EU National Competent Authorities, ESMA makes it clear that its contents…more

Disclosure Requirements, EU, European Securities and Markets Authority (ESMA), Sustainability, Sustainable Finance

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Recent developments in Singapore’s quest to become Asia’s international debt restructuring hub

Singapore is getting serious about becoming the region’s international insolvency hub.  In this inaugural podcast from the International Insolvency Institute, Hon. Kevin Carey (Ret.) of Hogan Lovells discusses Hon. Christopher…more

Arbitration, Debt Restructuring, Dispute Resolution, Insolvency, International Arbitration

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IRS issues initial guidance on application of Code Section 162(m) as amended by the Tax Cuts and Jobs Act

On August 21, the Internal Revenue Service (IRS) issued Notice 2018-68 containing much-awaited interpretive guidance on Section 162(m) of the Internal Revenue Code as amended by last year's tax reform act (Tax Act), including…more

Compensation & Benefits, Corporate Taxes, Employee Benefits, Executive Compensation, Grandfathering Rules

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Russia sanctions: Remove an oligarch, return to business

On 19 December 2018, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) submitted a notification to Congress that it plans to terminate sanctions on three major companies originally designated for…more

Business Ownership, CAATSA, Change in Control, Corporate Governance, Economic Sanctions

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Actualités Législatives et Réglementaires – Décembre 2023

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de décembre 2023. Ces Actualités législatives et…more

Artificial Intelligence, Climate Change, Data Privacy, Energy Projects, Energy Sector

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Navigating the nuances of investing in European residential real estate

In the global real estate industry, there has been little escape from tales of economic woe recently. But there are still many with money to spend, and given the uncertainty around office, retail and leisure following the…more

EU, Landlords, Rental Property, Residential Real Estate Market, Tenants

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The Biden Administration and State Attorneys General continue to take aim at eliminating “junk fees”

In his recent State of the Union address, President Biden echoed his administration's commitment to tackling "junk and hidden fees," defined as charges to consumers providing little to no value and preventing clear understanding…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Fees, Hidden Fees

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ANPD launches public consultation on the Guide to Anonymization and Pseudonymization

In a significant move towards strengthening data protection practices, the Brazilian National Data Protection Authority (“ANPD”) has opened a public consultation on its draft guidelines for anonymization and pseudonymization…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2018

Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter. …more

Antitrust Investigations, Antitrust Provisions, Attorney-Client Privilege, Big Data, Competition

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COVID-19 and emergency inventions

As the spread of COVID-19 accelerates across the globe, everyone wants to find a way to tackle the pandemic, from Governments asking manufacturers to urgently make vital equipment to inventors creating innovative solutions…more

3D Printing, Compulsory Licenses, Coronavirus/COVID-19, EU, Exclusive Licenses

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Public consultation on cloud services - Spain

The Spanish National Markets and Competition Commission (CNMC), the authority in charge of supervision and control of competition and DSA coordinator, has published a public consultation on cloud services. The Consultation…more

Cloud Computing, Competition, Public Consultations, Spain

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Initiatives to amend various laws on administrative matters. There could be potential substantial changes to various regulations.

On March 28, 2023, President Andrés Manuel López Obrador introduced three initiatives to reform different laws to the Chamber of Deputies. The first initiative seeks to repeal, reform and add different provisions to…more

Administrative Proceedings, Aviation Industry, Mexico, National Security, Regulatory Reform

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State attorneys general ask FCC to clarify TCPA requirements for AI calls

The Federal Communications Commissions (FCC) published a Notice of Inquiry (NOI) last fall about the implications of emerging artificial intelligence technologies on the Telephone Consumer Protection Act (TCPA) and related FCC…more

FCC, Robocalling, TCPA, Telecommunications

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Italian Tax Bonus Decree: what's new on the Superbonus scheme

Through the conversion of Law Decree No. 39/2024 into Law No. 67 of 23 May 2024 (the "Tax Bonus Decree"), the Parliament has now approved a number of restrictions substantially limiting the benefits of the so-called Superbonus…more

International Tax Issues, Italy, Tax Liability, Tax Planning

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EU adopts directive criminalising sanctions violations

On 24 April 2024, the European Union adopted a directive criminalizing the following sanctions violations:  The directive brings significant changes to EU sanctions enforcement by harmonising the rules on the violation of EU…more

Criminal Prosecution, Economic Sanctions, EU, Prohibited Transactions, Sanction Violations

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Data breach response liability: Jury finds defendant not negligent for response to data breach

In a first of its kind trial, a defendant accused of negligently responding to a data breach was cleared of all liability by a jury last month. After two hours of deliberation, the jury rejected plaintiff’s claim that the…more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Foreign Subsidies under EU scrutiny: a revolution that will impact foreign undertakings active in the EU

The new EU Foreign Subsidies Regulation, which appears to mirror the substantive EU State aid principles set out in Article 107 (1) of the Treaty on the Functioning of the European Union (“TFEU”) and entered into force on 12…more

Competition, EU, European Commission, Foreign Direct Investment, Foreign Investment

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The European Commission launches its first ex-officio investigation under the FSR into Chinese wind turbines

On 9 April 2024, the European Commission launched its first ex-officio investigation under the EU Foreign Subsidies Regulation, targeting Chinese wind turbines in Spain, Greece, France, Romania and Bulgaria…more

Competition, EU, European Commission, Foreign Subsidies, Merger Controls

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La Ley de Startups: Visados y autorizaciones de residencia en España para extranjeros por teletrabajo de carácter internacional

En el plano laboral, la Ley de Startups adopta una serie de medidas migratorias que facilitan la entrada y residencia de los teletrabajadores de carácter internacional, destacándose la creación de un nuevo tipo de visado…more

EU, Immigration Procedures, International Labor Laws, Remote Working, Spain

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Inicia investigación antidumping sobre importaciones de calzado originario de China

Secretaría de Economía inicia de oficio investigación antidumping sobre importaciones de calzado originario de China. El 26 de abril de 2024 se publicó en el Diario Oficial de la Federación el inicio de una investigación…more

Anti-Dumping Duty, China, Imports, Investigations, Mexico

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日本企業を取り巻くAPACライフサイエンス産業において、ゼネラルカウンセルが注目する重要課題についてパネリストが議論

2023年10月4日に東京事務所にて開催された「ライフサイエンス・サミット」では、ホーガン・ロヴェルズのライフサイエンス・ヘルスケア分野のアジア太平洋(APAC)リードであるフレデリック・チェン博士(東京事務所代表パートナー)、メリッサ・ビアンキ(ワシントンDC事務所パートナー)、ペニー・パウウェル(ロンドン事務所パートナー)、カレン・テイラー(ノーザンバージニア事務所パートナー)、へイン・ファン・デン・ボス(アムステルダム事務所パートナー)が、薬価決…more

Biosimilars, Intellectual Property Protection, Life Sciences, Patents, Pharmaceutical Industry

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The most wonderful time of the year? Five things retailers need to consider this holiday season

The holiday season is the most wonderful – and the busiest – time of year for retailers. With the holiday season now in full swing, here are 5 things your business needs to consider..…more

Data Protection, E-Commerce, Geo-Blocking, Influencers, Internet Retailers

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A strong statement – Hong Kong court says arbitration agreement is "irrelevant" to the exercise of courts discretion in a winding-up

Another Hong Kong court decision has questioned whether the judgment in the leading case of Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426, may have gone too far when it suggested that an arbitration…more

Arbitration, Arbitration Agreements, Contract Terms, Creditor Protection, Debtors

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Offshore wind projects with Chinese suppliers: Topics you should think about

Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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IRS issues initial guidance on application of Code Section 162(m) as amended by the Tax Cuts and Jobs Act

On August 21, the Internal Revenue Service (IRS) issued Notice 2018-68 containing much-awaited interpretive guidance on Section 162(m) of the Internal Revenue Code as amended by last year's tax reform act (Tax Act), including…more

Compensation & Benefits, Corporate Taxes, Employee Benefits, Executive Compensation, Grandfathering Rules

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Spotlight on Greater China: out-licensing to Chinese counterparties

As part of a new Asia-Pacific (APAC) Life Sciences and Health Care webinar program designed both for companies with commercial interests in APAC and for companies based in the region, Hogan Lovells is hosting a special four-part…more

China, Life Sciences, Pharmaceutical Industry, Popular

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The latest view: Enforcement of judgements in a post-Brexit world

On 31 December 2020 the Brexit Transition Period ended. Although the UK and EU have agreed some elements of their future trading relationship in the EU-UK Trade and Cooperation Agreement, this does not make long-term provision…more

Enforcement of Foreign Judgments, EU, Foreign Judgments, Foreign Relations, Jurisdiction

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Personal Information and COVID-19 - Information Regulator publishes Guidance Note

Pursuant to the Regulations published in terms of section 27(2) of the Disaster Management Act 57 of 2002 (Regulations) and the subsequent amendments thereto, the Information Regulator, established in terms of The Protection of…more

Coronavirus/COVID-19, Data Management, Data Protection, Personally Identifiable Information, South Africa

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The Energy Act of 2020 revitalizes and reforms the DOE Loan Guarantee Program

The US$900 billion COVID-19 relief bill signed into law in the waning days of 2020 includes the American Energy Act of 2020, a sweeping package of energy provisions that includes significant new government support for energy…more

Department of Energy (DOE), Energy Policy, Infrastructure, Investment, Loan Guaranties

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Coronavirus update: No work order in Russia

On 25 March 2020, the President of Russia announced that next week (30 March – 3 April 2020) will be a non-working but paid week for most employees and companies in Russia to prevent the spread of coronavirus. No quarantine is…more

Coronavirus/COVID-19, Crisis Management, Paid Time Off (PTO), Russia, Wage and Hour

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Actualités Législatives et Réglementaires – Novembre 2022

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de novembre 2022. Ces Actualités législatives et…more

Capital Markets, EU, France, Insurance Industry, Intellectual Property Protection

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Home truths: UK CMA wins in dispute over searches of domestic premises

The UK High Court has ruled against the Competition Appeal Tribunal (“CAT”) in a case about the power of the Competition and Markets Authority (“CMA”) to search domestic premises when investigating suspected anti-competitive…more

Anti-Competitive, Competition, UK, UK Competition and Markets Authority (CMA), UK Competition Appeal Tribunal (CAT)

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New FERC rule to unclog the interconnection queue, accelerating connection of new power to the grid

On July 27, 2023, U.S. electricity regulators issued a Final Rule to streamline and speed up the connection of new power projects to the electric grid – implementing reforms that could ease the growing backlog of proposed…more

Electricity, Energy Sector, Energy Storage, FERC

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Ninth Circuit imposes limits on personal jurisdiction over foreign-based payment processor

On 28 November 2023, the Ninth Circuit Court of Appeals issued a decision of first impression that will sharply curtail a plaintiff’s ability to sue nationally operating payment processors and potentially many other businesses…more

Data Privacy, Payment Processors, Personal Jurisdiction, Specific Jurisdiction

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The ECJ Super Bock judgment: What is the status of resale price maintenance under EU law?

With summer kicking in, it may be tempting to enjoy a Portuguese beer and relax far from competition law. Instead, the European Court of Justice (“ECJ”) choses to recall the basics of resale price maintenance (“RPM”) and…more

Competition, EU, European Court of Justice (ECJ), Resale Price Maintenance (RPM), Resale Pricing

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US intensifies export control restrictions on semiconductor and supercomputing activities

The Department of Commerce’s Bureau of Industry and Security issued two interim final rules to expand on the 7 October 2022 restrictions aimed at denying access to certain advanced semiconductors, semiconductor manufacturing…more

Bureau of Industry and Security (BIS), ECCNs, Export Administration Regulations (EAR), Export Controls, Exports

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A tale of two visions: what does China's social credit system really mean?

The Social Credit System ("SCS") in the People's Republic of China is not a new concept. But the Chinese Social Credit System is nothing if not controversial. There are two world views of the SCS, which paint diametrically…more

China, Data Management, Financial Responsibility Standards, Foreign Investment, Rating System

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Impact of the Coronavirus outbreak on Finance Sector

On 31 January 2020, the World Health Organization has announced the outbreak of novel coronavirus (2019-nCov), sourced from Wuhan, as a Public Health Emergency of Concern. The impact of the coronavirus outbreak, social…more

Best Practices, Borrowers, China, Consumer Financial Products, Coronavirus/COVID-19

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Arbitration Highlights in the Year of the Dragon

In the year of the dragon, attention turns to the enforcement of arbitral awards. We look at five different Hong Kong decisions where enforcement or set aside has been the central issue often involving arguments of public…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Hong Kong

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COVID-19 Report for Life Sciences and Health Care Companies - August 2021

The COVID-19 Report is a compilation of coronavirus news, analysis, and insights from around the world to help life sciences and health care companies stay current in this challenging time. In Wednesday's Report: U.S. publishes…more

Biotechnology, Coronavirus/COVID-19, Infectious Diseases, Life Sciences, Pharmaceutical Industry

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Silicon Valley Bank UK Limited FAQs

Silicon Valley Bank (SVB), the US’s 16th largest bank, was closed on Friday 10th March 2023. SVB’s UK operations were conducted through its subsidiary, Silicon Valley Bank UK Limited (SVBUK)…more

Banking Sector, Deposit Insurance, FDIC, Financial Crisis, Financial Institutions

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How to draft for concurrent delay wherever your projects are

A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer…more

Appeals, Breach of Contract, Construction Contracts, Construction Industry, Construction Litigation

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MAS Asian Bond Grant Scheme

The Monetary Authority of Singapore (MAS) launched its new Asian Bond Grant Scheme (the Scheme) on 9 January 2017 with the stated aims of strengthening the Asian bond market and encouraging Asian issuers to raise international…more

Allowable Expenses, Arranger Liability, Bond Issuers, Bond Markets, Bonds

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The new Italian Insolvency Code: a predicted revolution

The most innovative features of the new Insolvency Code include, among others: (i) the introduction of safeguard obligations aimed at detecting corporate distress and promoting the adoption of restructuring tools at an early…more

Commercial Bankruptcy, Corporate Restructuring, Creditors, Debt Restructuring, Insolvency

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English court disclosure pilot made permanent

From 1 October 2022, the disclosure pilot in the Business and Property Courts will become a permanent part of the court rules as Practice Direction 57AD. The Practice Direction will apply to all existing and new proceedings in…more

Business and Property Courts, Case Management, Disclosure Pilot Scheme, Discovery, Document Productions

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Update on digitalization of Civil Litigation procedures in Japan

Promulgated on May 25th, 2022, the amended Japanese Code of Civil Procedure has a significant update especially regarding digitalization of civil litigation procedures. Since the promulgation of the amendment to the Japanese…more

Electronically Posted Documents, Japan, Rules of Civil Procedure, Virtual Litigation

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ESG Market Alert – June 2023

In this alert, we provide a round-up of the latest developments in ESG for UK corporates. In this month’s ESG Market Alert, we cover: Corporate governance in Europe 2023: Preparing for new regulations and evolving activism;…more

Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Sustainability, UK

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News on remote working legislation in Italy

As of 1st April 2024, the provisions which have regulated remote working for private companies during all the pandemic period in Italy are no longer in place. Therefore, from such date, the ordinary regime of remote working, set…more

Employer Liability Issues, International Labor Laws, Italy, Remote Working

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FDA signals potential shift toward interchangeability for all biosimilars

The U.S. Food and Drug Administration (FDA) recently released a podcast on biosimilars, featuring Dr. Sarah Yim, director of FDA’s Office of Therapeutic Biologics and Biosimilars (OTBB), that seems to indicate a potential move…more

Biologics, Biosimilars, BPCIA, Food and Drug Administration (FDA), Life Sciences

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Ramping up production of key medical equipment: new EU guidance issued for manufacturers

To help combat the threat posed by the COVID-19 outbreak, the European Commission last week announced the publication of new guidance aimed at assisting manufacturers to increase production of essential medical equipment…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, EU, European Commission, Manufacturers

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HHS finalizes changes to Section 1557 regulations strengthening anti-discrimination protections

On April 26, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) finalized updates to regulations implementing Section 1557 of the…more

Affordable Care Act, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance, Non-Discrimination Rules

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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COVID-19 – Implications for the Indo-German supply chains

India’s biggest export markets are the US and the EU. In particular Germany and India have an extensive trade history with bilateral trade amounting to Euros 21.9 billion in 2017-2018. Key sectors include IT, automotive, and…more

Business Disputes, Coronavirus/COVID-19, Force Majeure Clause, Frustration of a Common Purpose, Germany

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U.S. + Germany Patent Update - April 2019

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. …more

Amazon Marketplace, Federal Pilot Programs, Foreign Patent Applications, Germany, Intellectual Property Protection

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Automakers and suppliers in the U.S. and EU grapple with increased scrutiny, new emissions requirements, and evolving guidance from authorities

In this hoganlovells.com interview, Joanne Rotondi, a partner in the Hogan Lovells Washington, D.C. office, and Sabine Chromek, a senior associate in the firm’s Munich office, discuss recent regulatory impacts on auto…more

Automotive Industry, Carbon Emissions, Connected Cars, Disclosure Requirements, Driverless Cars

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Center for Clinical Trial Innovation furthers FDA’s diversity goals, rare disease drug development - Pilot program offers opportunity for enhanced interaction with FDA

The U.S. Food and Drug Administration (FDA) has announced the establishment of the “Center for Drug Evaluation (CDER) Center for Clinical Trial Innovation” (C3TI). C3TI is intended to be a “central hub” within CDER aimed at…more

Clinical Trials, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry, Prescription Drugs

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La Banca d’Italia aggiorna la disciplina delle notifiche delle operazioni di cartolarizzazione

La Banca d’Italia ha pubblicato un aggiornamento della Circolare 285 e un aggiornamento della Circolare 288 con cui sono stati modificati i rispettivi capitoli relativi alle operazioni di cartolarizzazione. Con tali…more

Bank of Italy, Banking Sector, Italy, Notification Requirements, Securitization

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New York’s revised bill addressing sovereign debt – proposed change to current 9% interest rate

New York State lawmakers this week proposed a revised champerty and sovereign debt bill (Senate Bill S5623/Assembly Bill A5290) that now includes changes to the current rate of interest provided by the New York Civil Practice…more

Creditors, Debt Restructuring, Interest Rates, Sovereign Debt

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Financial Institutions Horizons 2022

At our recent global conference we held in partnership with Global Digital Finance, our keynote speaker suggested that the three major drivers for financial institution regulators and policy makers for the next few years would…more

Banking Sector, Blockchain, Cryptocurrency, Digital Currency, Environmental Social & Governance (ESG)

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FCC upholds penalty against HobbyKing

On 17 June 2021, the Federal Communications Commission (FCC) unanimously voted to uphold a US$2.8 million penalty against HobbyKing, a drone distributor, for selling communications devices for drones that used frequencies the…more

Connected Items, Department of Justice (DOJ), Drones, FCC, Federal Aviation Administration (FAA)

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Subscription line fraud and its impact on private equity

Those involved in the private equity industry will have seen the recent reports of an alleged fraud on a U.S. bank by a Florida-based private equity fund manager, the accusation being that subscription agreements with LPs, as…more

Borrowers, Capital Calls, Due Diligence, Financing, Fraud

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Land of opportunity – why Australian investors are being drawn to the United States

Billions of dollars worldwide are pouring into the transition to green energy, no more so than in the United States (U.S.) where new legislation is providing a powerful stimulus. For Australian investors, the opportunity to…more

Foreign Investment, Inflation Reduction Act (IRA), Infrastructure Investment and Jobs Act (IIJA), Investors

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ESG Market Alert - April 2024

In this month’s round-up of the latest developments in ESG for UK clients, we cover: Belgium: Pioneer protecting the planet; David v Goliath: ClientEarth v Shell and the growing need to consider nature related risks as part of…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Sustainability

See all updates »

COVID-19 class actions against universities

In response to the COVID-19 pandemic, universities have had to make difficult, but important, decisions to protect the health of their students, among others. By necessity, these decisions have affected the way students are…more

CARES Act, Coronavirus/COVID-19, Educational Institutions, Putative Class Actions, Refunds

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Silicon Valley Bank (SVB) and Signature Bank Collapses: Your legal and regulatory FAQs answered - Last updated March 15 @ 10:10 am

Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on Friday, March 10, 2023, by the California Department of Financial Protection and Innovation, which appointed the Federal Deposit Insurance Corporation (FDIC)…more

Banking Sector, Deposit Insurance, Depository Institutions, FDIC, Financial Crisis

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The future of the LIBOR benchmark rate

Since the loss of liquidity in the inter-bank market following the global financial crisis and more recently the emergence of LIBOR-manipulation concerns, regulators have announced plans for reforming benchmark rates. Given the…more

Benchmarks, Consumer Financial Products, International Arbitration, Libor, Loans

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UK imposes mandatory climate-related financial disclosures – a first in the G20

In the wake of COP26, the UK has become the first G20 country to enshrine into law mandatory climate-related financial disclosures. The two new statutory instruments, The Companies (Strategic Report) (Climate-related Financial…more

BEIS, Disclosure Requirements, Financial Conduct Authority (FCA), Financial Institutions, G20

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Règlementation du marché de l’influence : de nouvelles obligations pour les plateformes en ligne ?

Dans un contexte toujours croissant de règlementation de la vie en ligne et notamment des plateformes, c’est au tour du marché de l’influence d’attirer l’attention conjointe du législateur, du gouvernement et des autorités de…more

Advertising, France, Influencers, Online Platforms, Social Media

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Key provisions of The Polish Law on Special Measures for COVID-19 and Crisis Prevention from the real estate perspective

On 28 March 2020, the lower chamber of the Polish Parliament (Sejm) enacted an amendment to the Law on Special Measures for COVID-19 and Crisis Prevention (hereinafter referred to as the Amendment). With reference to the real…more

Coronavirus/COVID-19, Leases, Poland, Property Tax, Relief Measures

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SEC staff issues important guidance on shareholder proposals for the 2020 proxy season

On October 16 the SEC's Division of Corporation Finance issued Staff Legal Bulletin No. 14K (CF) (SLB 14K) to provide updated guidance on the application of the "ordinary business" exception to a company's obligation under…more

Corporate Governance, New Guidance, No-Action Requests, Ordinary Business Exception, Proof of Ownership

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ESG Market Alert – April 2022

In this alert, we provide a round-up of the latest developments in ESG for UK corporates. In this month’s ESG Market Alert, we cover: The SEC’s recent proposal for climate-related disclosure rules in the US. The new carbon…more

Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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Cross-border enforcement of judgments – new mechanism comes into force 29 January 2024

A wide-ranging mechanism allowing for easier reciprocal enforcement of judgments in mainland China and Hong Kong will come into force on 29 January 2024. The new enforcement regime should reduce the need to re-litigate…more

China, Debt, Insolvency, Patents, Standard Essential Patents

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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DOJ aims for good, not perfect: Our view of the updated corporate cooperation policy

Government attorneys now have additional discretion in False Claims Act (FCA) civil cases to award cooperation credit to a corporation that meaningfully assists the government’s investigation without necessarily identifying…more

Cooperation Agreement, Corporate Crimes, Corporate Investigations, Criminal Prosecution, Department of Justice (DOJ)

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Global privacy regulators join forces to warn about scraping publicly available information

On August 24, 2023, twelve international data protection and privacy regulators from the Americas, Europe, Africa, and APAC announced their “global expectations of social media platforms and other sites to safeguard against…more

Data Collection, Data Privacy, Public Information, Social Media, Web Scraping

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Brazilian government lifts cap on foreign ownership of Brazilian airlines

On 13 December 2018 the Brazilian federal government issued Medida Provisória No. 863/2018 (MP 863/18), a new rule amending Law No. 7,565/86 of 19 December 1986, the Brazilian Aeronautical Code, that removes longstanding…more

Air Carriers, Airlines, Aviation Industry, Critical Infrastructure Sectors, Foreign Ownership

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OMB overhauls regulations for federal grants and cooperative agreements

The U.S. Office of Management and Budget (OMB) has released its long-awaited “Guidance for Federal Financial Assistance” to revise the regulations previously known as the OMB Uniform Guidance. With Federal grant funding…more

Federal Contractors, Federal Funding, Federal Grants, Funding Opportunities, OMB

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USDA issues final rule updating school nutrition standards

The U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service (FNS) recently issued a final rule to update its school nutrition standards, requiring changes to school meal programs starting in the 2025-2026 school…more

Final Rules, Public Schools, School Lunch Programs, USDA

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Braving a perfect storm: Avoiding legal and reputational risk associated with CARES Act oversight and investigations

Businesses across the United States have been battered by the COVID-19 crisis and many companies have been the recipients of unprecedented levels of economic assistance and tax relief under the Coronavirus Aid, Relief, and…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Government Investigations

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M&A Update - Delaware Court Of Chancery Makes Notable MAE Finding, Allows Fresenius To Terminate Proposed US$4.3 Billion Acquisition Of Akorn

On October 1, 2018, the Delaware Court of Chancery issued a post-trial opinion by Vice Chancellor Laster in which the court determined that Fresenius Kabi AG validly terminated its proposed US$4.3 billion acquisition of Akorn,…more

Acquisition Agreements, Contract Terms, EBITDA, Lost Earnings, Material Adverse Effects

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Consob launches a consultation on the issuance and circulation of financial instruments in digital form

Consob opened a public consultation to issue the secondary measures in relation to Law Decree No. 25 of 17 March 2023 (“Fintech Decree”), which implemented the EU Pilot Regime in Italy, introducing a new form and circulation…more

Financial Instruments, Italy, Proposed Regulation

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GDPR Italian Implementing Decree Has Been Published

On 4 September, the Legislative Decree no. 101 of 10 August 2018 (the “Decree”) for the national implementation of General Data Protection Regulation (EU) 2016/679 (the “GDPR”) has been published in the Official Journal…more

Cybersecurity, Data Breach, Data Processors, Data Protection, EU

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FDA proposes mandatory patient labeling for Rx drugs - Proposed Patient Medication Information (PMI) is the latest in many efforts by FDA to mandate patient-directed labeling

Last week, the U.S. Food and Drug Administration (FDA) published the proposed rule “Medication Guides: Patient Medication Information,” which would significantly change the agency’s prescription drug product labeling regulations…more

Biologics, Food and Drug Administration (FDA), Pharmaceutical Industry, Prescription Drugs, Proposed Rules

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FDA signals potential shift toward interchangeability for all biosimilars

The U.S. Food and Drug Administration (FDA) recently released a podcast on biosimilars, featuring Dr. Sarah Yim, director of FDA’s Office of Therapeutic Biologics and Biosimilars (OTBB), that seems to indicate a potential move…more

Biologics, Biosimilars, BPCIA, Food and Drug Administration (FDA), Life Sciences

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Section 21 is dead. Long live section 8!

The future of the UK rental market is emerging. The government wants views on its plans for removing the assured shorthold tenancy (AST) regime and bolstering the court process for gaining possession of a property. Will it be…more

Landlords, Real Estate Market, Rental Property, Tenants, UK

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Restructuring & Special Situations 2022 Year in Review Key insolvency decisions in Hong Kong and the People’s Republic of China

2022 has been a year which has seen significant developments in court-led corporate rescue and insolvency law reform in Hong Kong. In light of the lingering COVID19 pandemic, it was all the more important that the Hong Kong…more

China, Commercial Bankruptcy, Corporate Restructuring, Cross-Border, Debt Restructuring

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Client Alert: Virginia Court Invalidates Government Contractor’s Non-Competition and Non-Solicitation Agreement with Independent Contractors

In January 2020, Judge John Tran of the Fairfax County Circuit Court in Virginia held unenforceable non-competition and non-solicitation provisions in a government contractor’s consulting agreements entered into with independent…more

Army, BPA, Civilian Agency Task Orders, Consultants, Contract Drafting

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Other Transaction Agreements: Where Does An Unsuccessful Bidder Go?

Recent Federal District Court Decision Highlights the Complexity of Jurisdictional Issues in Challenging Government Awards of Other Transaction Agreements…more

Administrative Procedure Act, Army, Bids, Competitive Bidding, Dispute Resolution Clauses

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Successful product launches across the EU, UK, and U.S.

We were pleased to welcome industry leaders to our Life Sciences and Health Care Horizons event in Boston for the first time since the pandemic. At the event, Hogan Lovells attorneys Eliza Andonova, Ina Brock, Kristin Connarn,…more

Biotechnology, EU, Intellectual Property Protection, Life Sciences, Manufacturers

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ESG Market Alert - April 2024

In this month’s round-up of the latest developments in ESG for UK clients, we cover: Belgium: Pioneer protecting the planet; David v Goliath: ClientEarth v Shell and the growing need to consider nature related risks as part of…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Sustainability

See all updates »

Recent changes to the UAE legal landscape: March 2022

The United Arab Emirates (UAE), which has made significant updates to its laws governing commercial activity in recent years, has again revised and refined the statutory landscape for companies in the country. The issuance of a…more

Capital Gains Tax, Commercial Companies Law, Corporate Taxes, Foreign Investment, Ministry of Finance

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Italian Tax Bonus Decree: what's new on the Superbonus scheme

Through the conversion of Law Decree No. 39/2024 into Law No. 67 of 23 May 2024 (the "Tax Bonus Decree"), the Parliament has now approved a number of restrictions substantially limiting the benefits of the so-called Superbonus…more

International Tax Issues, Italy, Tax Liability, Tax Planning

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Se Reforma la Constitución de la Ciudad de México en Materia de Agua y Vivienda.

El Congreso de la Ciudad de México reformó la Constitución local con el fin de profundizar en el derecho a una “ciudad solidaria” y el ordenamiento territorial, específicamente los derechos fundamentales a la vivienda, así como…more

Drinking Water, Mexico, Wastewater, Water

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Broadcasting of television programs: French court clarifications on “must carry” and framing

On July 4, 2019, the Cour de Cassation specified the criteria of the “must carry” obligation (diffusion of broadcasted public channels, governed by Article 34-2 of Law No. 86-1067 of September 30, 1986) and the regime of…more

Broadcasting, Court of Justice of the European Union (CJEU), France, Infringement, Intellectual Property Protection

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Greenwashing - Increased Compliance Risk for Companies

As political and social efforts for climate protection and sustainability increase, so does the pressure on companies to address these issues. “Climate-neutral”, “eco-friendly” or “ESG-compliant”: those or similar words can be…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), European Commission

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CMS Issues Draft Guidance on Inflation Reduction Act (IRA) Drug Price Negotiation Program for 2027

On May 3, 2024, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for initial price applicability year (IPAY) 2027 of the Drug Price Negotiation Program established by the IRA. Notwithstanding the agency’s…more

Centers for Medicare & Medicaid Services (CMS), Draft Guidance, Drug Pricing, Inflation Reduction Act (IRA), Medicare

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California courts weigh in on wave of live chat class actions

Over the last 18 months, a new privacy litigation battlefront has emerged: Website operators across a range of industries find themselves inundated with class action suits or requests for arbitration based on alleged violation…more

CIPA, Class Action, Invasion of Privacy, Websites

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Environmental, social, and governance concerns: shifting mindsets in Asia

The continued growth of China as a global economic powerhouse and the ongoing success of the Tiger Economies - South Korea, Singapore, Hong Kong, and Taiwan - has fueled investor appetite across the region…more

Asia, China, Corporate Governance, Infrastructure, Investment

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SLLs: Recent oversight developments and comparing the LMA, LSTA and APLMA approaches

The LMA published its Draft Provisions for Sustainability-Linked Loans on 4 May 2023, following on from the updated the Sustainability Linked Loan Principles published in February 2023. In this article, we take an in depth look…more

Loan Market Association, Loan Syndication and Trading Association (LSTA), Sustainability, Sustainability-Linked Loans (SLLs), Sustainable Finance

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Global Accountants' Liability Update – October 2021

A company that specialized in the design and production of optical instruments (hereafter: the Company) hired an accounting firm and a tax consultancy firm (hereinafter: the Accountants) to prepare its annual accounts between…more

Accountant Malpractice, Accountants, Accounting, Accounting Standards, Audits

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Propuesta de Reforma a la Ley General de Sociedades Mercantiles en Materia de Asambleas Telemáticas

En fechas recientes, la Comisión de Economía, Comercio y Competitividad de la Cámara de Diputados hizo público su dictamen a la iniciativa con proyecto de decreto por el que se reforman y adicional diversas disposiciones de la…more

Articles of Incorporation, Board Meetings, Board of Directors, Bylaws, Corporate Governance

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Greenwashing: publication of the directive on empowering consumers for the green transition

The EU is stepping up its fight against greenwashing and empowers consumers for the green transition with a new Directive on empowering consumers for the green transition through better protection against unfair practices and…more

Advertising, Environmental Claims, Green Marketing, Greenwashing, Marketing

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Anti-benefits regulations: the last piece of the regulatory puzzle published

Decree no. 2020-730 of 15 June 2020 and the ministerial orders of 7 August 2020 have completed and specified the new anti-benefits regulations which will come into force on 1 October 2020..…more

Compensation & Benefits, France, Life Sciences, Pharmaceutical Industry, Remuneration

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Patent Litigation: Dutch Court of Appeal guidance on formal entitlement to priority

On 30 July, the Court of Appeal of The Hague ruled on the formal entitlement to priority following from a US provisional patent application. The attack on priority in this case is part of a recent trend by parties in patent…more

Appeals, Entitlements, EU, European Patent Convention, Genentech

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BHR update – Outcome of the last plenary session of the European Parliament

The last plenary session of the European Parliament – in its current composition before the next elections in June – took place from 22 to 25 April 2024. The session resulted in major developments, which will significantly shape…more

Due Diligence, EU, Forced Labor, Human Rights, Supply Chain

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Subscription line fraud and its impact on private equity

Those involved in the private equity industry will have seen the recent reports of an alleged fraud on a U.S. bank by a Florida-based private equity fund manager, the accusation being that subscription agreements with LPs, as…more

Borrowers, Capital Calls, Due Diligence, Financing, Fraud

See all updates »

UK CMA publishes AI Foundation Models update paper

The UK Competition and Markets Authority (“CMA”) has published an “Update Paper” outlining its evolving views on AI foundation models as well as its approach to supporting Government consideration on possible regulation. This…more

Algorithms, Artificial Intelligence, Competition, Competition Authorities, Merger Controls

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A U.S. litigator’s perspective on force majeure

The COVID-19 viral disease (coronavirus) that has swept into at least 140 countries worldwide and infected more than 200,000 people was officially designated a pandemic by the World Health Organization. In addition to the…more

Business Interruption, Business Litigation, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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Tenant fails to satisfy break clause in latest VP ruling

The High Court has ruled in the recent case of Capitol Park Leeds PLC v Global Radio Services Limited [2020] that a tenant’s attempt to exercise the break in a lease, which was conditional on the tenant giving “vacant possession…more

Commercial Leases, Contract Terms, Landlords, Right to Possession, Tenants

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The SEC adopts rule amendments to allow use of electronic signatures and electronic storage of signature pages

On November 17 the SEC adopted rules that permit the use of electronic signatures for most SEC filings and the electronic storage of executed signature pages. As a result, filers will no longer be required to create or collect…more

Coronavirus/COVID-19, E-Signatures, EDGAR, Electronic Filing, Form 10-K

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The EU Late Payment Regulation – unintended consequences for structured finance transactions?

The European Commission published a proposal for a regulation on combating late payment in commercial transactions last year which will introduce new rules, including that payments have to be made within 30 days, albeit with…more

Banking Sector, EU, Fees, Securitization, Small and Medium-Sized Enterprises (SMEs)

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UK: The FCA, Bank of England and PRA issue their strategic approach to regulating AI in response to the government’s AI White Paper

The UK’s financial regulators have responded to the government’s White Paper on its approach to regulating the use of artificial intelligence and machine learning (AI). Publications from the Financial Conduct Authority (FCA),…more

Artificial Intelligence, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry, Prudential Regulation Authority (PRA)

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OMB overhauls regulations for federal grants and cooperative agreements

The U.S. Office of Management and Budget (OMB) has released its long-awaited “Guidance for Federal Financial Assistance” to revise the regulations previously known as the OMB Uniform Guidance. With Federal grant funding…more

Federal Contractors, Federal Funding, Federal Grants, Funding Opportunities, OMB

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Neue Regelungen für digitale Produkte

Der Bundestag hat am 25.06.2021 das „Gesetz zur Umsetzung der Richtlinie über bestimmte vertragsrechtliche Aspekte der Bereitstellung digitaler Inhalte und digitaler Dienstleistungen“ beschlossen. Das Gesetz setzt die…more

Consumer Contracts, Digital Goods, Digital Services, E-Commerce, Entrepreneurs

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Domain Name News: May 2024

This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Nominet…more

Domain Name Registration, Domain Names, gTLD, ICANN, Intellectual Property Protection

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UK: FCA Anti-greenwashing guidance and extension of the SDR to portfolio managers

On 23 April 2024, the Financial Conduct Authority (FCA) published the much-anticipated anti-greenwashing guidance which will apply to all FCA regulated firms from 31 May 2024. The anti-greenwashing rule is designed to protect…more

Disclosure Requirements, Financial Conduct Authority (FCA), Financial Services Industry, Greenwashing, Sustainability

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Recent developments in ESG shareholder activism around the world and suggestions for risk mitigation

Shareholder activism has always been a relevant issue for companies, but in recent years a new variety has emerged and taken hold in the form of ESG shareholder activism. In detail, the approaches and impact of ESG campaigns…more

Corporate Governance, Data Breach, Fiduciary Duty, Securities and Exchange Commission (SEC), Shareholder Activism

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Re-open for business in the UK: How to safely re-open restaurants, pubs, and bars

The government has announced that on 4 July 2020, it will commence the third stage of its plan to ease the 'lockdown' restrictions implemented in England due to COVID-19. Following the reopening of 'non-essential retail shops'…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Hospitality Industry, Non-Essential Businesses

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Standard Essential Patent Update – June 2018

16 April 2018 – Huawei’s jurisdictional challenge to Conversant Wireless’ patent infringement and FRAND determination proceedings has been dismissed by the High Court of England and Wales…more

China, FRAND, Huawei, Injunctions, Intellectual Property Protection

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Are standard form construction contracts fit for the 'Smart Infrastructure' of the future?

Infrastructure projects increasingly involve constructing both physical infrastructure and digital infrastructure works. But the current standard form construction contracts have not been designed to address the risks particular…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Infrastructure

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Third time lucky? 1.5% UK stamp tax vs “Brexit 3.0” - update

Draft UK legislation was previously published proposing to remove the 1.5% stamp tax charge on issues, and certain transfers, of securities to depositary receipt systems and clearance services (or their nominees) currently…more

Capital Markets, Corporate Taxes, Stamp Taxes, UK

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“Root-and-branch attack” successfully defended: issues from the Adler sanction decision examined

On Friday 21 April 2023, the English High Court (Mr Justice Leech) handed down its reasons for sanctioning the Part 26A restructuring plan (the “Plan”) between AGPS BondCo plc (the “Plan Company”) and six classes of its…more

Commercial Bankruptcy, Corporate Restructuring, Creditors, Debt Restructuring, Insolvency

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Recent standard essential patent developments in US courts

Several recent developments in U.S. standard-essential patent litigation (SEP) provide insight into the evolving U.S. SEP landscape and how parties and courts shape parties’ obligations to negotiate licenses for SEPs on fair,…more

FRAND, Intellectual Property Protection, IP License, Patent Infringement, Patents

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Coronavirus: The Hill and the Headlines, May 2021 # 11

In Washington: President Biden on Wednesday asked U.S. intelligence to “redouble their efforts” to determine the origins of the coronavirus and submit a report within 90 days on whether the virus emerged from an accidental lab…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Food and Drug Administration (FDA), Infectious Diseases

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False Claims Act: 2018 and the road ahead

The pace of False Claims Act (FCA) litigation remained furious over the past year. Companies (and individuals) in all sectors of the economy continue to face the ever-present threat of FCA enforcement whenever they do business…more

Department of Justice (DOJ), Digital Realty Trust Inc v Somers, Enforcement Actions, False Claims Act (FCA), False Implied Certification Theory

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Sport Meets Antitrust: Shaping the field of play – the CJEU weighs in on sports and antitrust

Just before Christmas, the Court of Justice of the European Union (CJEU) delivered three eagerly awaited rulings that greatly affect the relationship between antitrust law and the autonomy of sports associations – breaking away…more

Antitrust Provisions, Competition, Court of Justice of the European Union (CJEU), EU, European Commission

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FTC "resurrects" Penalty Offense Authority for unlawful endorsements and testimonials

The Federal Trade Commission (FTC) has notified businesses that it is “resurrecting” its Penalty Offense Authority, an enforcement tool that had not been used by the agency since the 1980s. The Penalty Offense Authority,…more

Endorsements, Enforcement Actions, Federal Trade Commission (FTC), FTC Act, FTC Endorsement Guidelines

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CMS Issues Draft Guidance on Inflation Reduction Act (IRA) Drug Price Negotiation Program for 2027

On May 3, 2024, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for initial price applicability year (IPAY) 2027 of the Drug Price Negotiation Program established by the IRA. Notwithstanding the agency’s…more

Centers for Medicare & Medicaid Services (CMS), Draft Guidance, Drug Pricing, Inflation Reduction Act (IRA), Medicare

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CFIUS Proposes Rule to Strengthen Its Monitoring and Enforcement Authorities

On April 15, 2024, the U.S. Department of the Treasury (“Treasury”), in its capacity as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule that seeks to materially enhance…more

CFIUS, Foreign Acquisitions, Foreign Investment, National Security

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[Webinar] Restructuring a portfolio company webinar series: Part 2 – Distressed M&A in the U.S. - May 22nd, 11:00 am - 12:00 pm EDT

The COVID-19 pandemic has resulted in significant challenges and opportunities for private equity firms and strategic buyers in the United States. Please join us for a three-part webinar series on restructuring a portfolio…more

Acquisitions, Business Strategies, Buyers, CFIUS, Coronavirus/COVID-19

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Windows Into The Future: New Horizons & Implications for the Copyrightability of AI-Generated Works

Can AI-generated works comprise copyrightable compilations?  Is an LLM an assistive device for disabled authors?  The U.S. Copyright Office grapples with these questions and more in a recent decision that provides a glimpse into…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Copyright, Copyright Office, Intellectual Property Protection

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Hogan Lovells CES 2023 Recap

In January, sector focused lawyers from Hogan Lovells travelled to Las Vegas to attend CES. Our team enjoyed seeing clients in person as well as seeing the latest products and trends, and we have compiled our experience and key…more

Electronic Devices, Electronics, Manufacturers, Non-Fungible Tokens (NFTs), Virtual Currency

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SEC releases long-awaited ESG proposal for investment companies and investment advisers

On 25 May, the Securities and Exchange Commission (the SEC) introduced a proposal to amend certain rules and forms under the U.S. Investment Advisers Act of 1940 (the Advisers Act) and the U.S. Investment Company Act of 1940…more

Asset Management, Corporate Governance, Environmental Social & Governance (ESG), Investment Adviser, Investment Advisers Act of 1940

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Getting prickly - Happy New Year to the ongoing UK intellectual property dispute over Colin the Caterpillar.

At the end of last year, following months of procedural silence (and public noise), Aldi filed a much-awaited Defence in the ongoing intellectual property dispute over Colin the Caterpillar. We take a look at how this dispute…more

Intellectual Property Protection, Likelihood of Confusion, Trademark Infringement, Trademark Registration, Trademarks

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L'arrivée du critère environnemental dans la fixation des prix des dispositifs médicaux

Le PLFSS 2024 sanctionne les fabricants de dispositifs médicaux "polluants" Le Gouvernement poursuit sa volonté d’opérer la transition écologique à travers deux mesures introduites à l’article 29 du PLFSS 2024 dont l’une va…more

France, Medical Devices, Pollution Control, Public Health

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Laid off but paid out? Indonesia’s Supreme Court clarifies compensation payment obligation for early termination

The Indonesian Supreme Court has issued new guidance on the issue of compensation pay and balance-of-contract pay for fixed term employees. On 29 December 2023, the Supreme Court of the Republic of Indonesia issued Circular…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Indonesia

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CTA regulations set to take effect in January 2024 with obligations for some private fund sponsors

Effective January 1, 2024, new Treasury regulations under the Corporate Transparency Act (CTA) will require many U.S. entities and foreign entities doing business in the United States to report identifying beneficial owner…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Try, try (and try again)? – The meaning of contractual “endeavours” clauses

The tension over COVID-19 vaccine supplies has thrust the thorny issue of interpreting “endeavours” clauses back onto centre stage. But what are they, why are they used and what are the differences between “reasonable…more

Contract Drafting, Contract Negotiations, Contract Terms, Coronavirus/COVID-19, Infectious Diseases

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Hong Kong Corporate & Regulatory Insights – April 2023

The Stock Exchange of Hong Kong Limited (SEHK) announced new chapter on Listing Rules The SEHK announced on 24 March 2023 the expansion of Hong Kong's listing framework for the listings of Specialist Technology Companies…more

Antitrust Provisions, Capital Markets, Corporate Governance, Data Protection, Environmental Social & Governance (ESG)

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Global Employment Law Update - September 2017

Family benefits and discrimination - In this edition of our Global Employment Law Update we look at the provision of different types of maternity, paternity and family leave across the jurisdictions, highlighting areas where…more

Employment Discrimination, Maternity Leave, Paid Family Leave Law, Paid Leave, Parental Leave

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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UK recent developments in pensions webinar

On 21 June 2023, we held our recent developments in pensions webinar covering legal updates from the pensions industry from the recent months. Topics members of our team covered included: DB surplus (timestamp: 01.46 - 15.00)…more

Employee Benefits, Financial Conduct Authority (FCA), Pension Schemes, Pensions, The Pensions Regulator (TPR)

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Privilege overview (UPDATED)

Any recorded communication (for example: emails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in litigation or other adversarial…more

Attorney-Client Privilege, Client Services, Confidential Communications, Legal Advice, Legal Advice Privilege

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UK government publishes working draft guidance for arbitrators under the COVID-19 arrears arbitration scheme

In this article we consider the working draft guidance published for arbitrators in relation to the new COVID-19 commercial rent arrears arbitration scheme, which is expected to come into force on 25 March 2022 under the…more

Arbitration, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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2018-2022 French Programming Act for Justice: inching towards virtual justice?

The 2018-2022 French Programming Act for Justice recently adopted specific provisions relating to online arbitration, in an attempt to decongest French Courts facing increasing caseloads. This important step towards virtual…more

Arbitration, Confidential Information, Data Protection, France, International Arbitration

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EU: MiFIR Amendments prohibiting Payment for Order Flow (PFOF) entered into force on 28 March 2024

On 8 March 2024, the final consolidated revised Markets in Financial Instruments Regulation (MiFIR) (Regulation (EU) 2024/791) and Markets in Financial Instruments Directive (MiFID II) (Directive (EU) 2024/790) texts were…more

EU, Financial Markets, MiFID II, MiFIR

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IP Newsletter- French language / Français

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #17 from January 2018..…more

Copyright, Corporate Branding, Design Patent, EU, France

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Long awaited Deliveroo ruling from the Dutch Supreme Court delivered

Deliveroo bicycle couriers were qualified as employees instead of self-employed workers by the Dutch Supreme Court last week. The Dutch Supreme Court did not introduce a new framework for qualification and has left it up to the…more

Delivery Drivers, Employee Definition, Employer Liability Issues, Independent Contractors, International Labor Laws

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Actualités Législatives et Réglementaires – Décembre 2023

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de décembre 2023. Ces Actualités législatives et…more

Artificial Intelligence, Climate Change, Data Privacy, Energy Projects, Energy Sector

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Guerra en Ucrania: medidas laborales y de seguridad social en España

El Gobierno español ha aprobado un nuevo Real Decreto Ley que establece medidas dirigidas a paliar la crisis generada por la guerra en Ucrania y su impacto en la economía española. Entre las medidas adoptadas se incluyen medidas…more

Economic Downturn, Economic Sanctions, Energy Sector, Maritime Transport, Russia

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U.S. agencies impose new export controls on civil nuclear items to China

The Department of Commerce’s Bureau of Industry and Security and the Nuclear Regulatory Commission have issued new licensing requirements on exports of certain civil nuclear hardware, software, and technology to the People’s…more

Bureau of Industry and Security (BIS), China, Export Controls, Exports, Nuclear Regulatory Commission

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IRS issues initial guidance on application of Code Section 162(m) as amended by the Tax Cuts and Jobs Act

On August 21, the Internal Revenue Service (IRS) issued Notice 2018-68 containing much-awaited interpretive guidance on Section 162(m) of the Internal Revenue Code as amended by last year's tax reform act (Tax Act), including…more

Compensation & Benefits, Corporate Taxes, Employee Benefits, Executive Compensation, Grandfathering Rules

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Publica CONAGUA Proyecto de NOM para Regular Pozos de Extracción de Agua

La Comisión Nacional del Agua (la “CONAGUA”) publicó un Proyecto de nueva Norma Oficial Mexicana, a fin de aumentar la eficacia en la prevención de la contaminación de los acuíferos y conservar la calidad y cantidad del agua…more

Mexico, Water, Water Commissions, Water Quality

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EU Class Action Update - Progress in France, Germany, Italy, the Netherlands, Poland and Spain

By 25 December 2022, all EU Member States were expected to have adopted and published, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2020/1828 on representative actions for the…more

Class Action, Collective Actions, Collective Redress, EU, Member State

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Italian Government’s "golden powers" of intervention in FDI now allows pre-filing of transactions

Italian government’s so-called "golden powers" of intervention in foreign direct investments involving companies operating in sectors strategic for the national interest were originally introduced by Law Decree No. 21 of 15…more

Acquisitions, EU, Foreign Acquisitions, Foreign Direct Investment, Foreign Investment

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Presumption of resignation for abandonment of position: clarification by decree and the Ministry of Labor

Our social team briefly reviews the publication of the decree on the presumption of resignation for abandonment of position, which allows the entry into force of the system in France, as well as the clarifications provided by…more

Employment Policies, France, International Labor Laws, Labor Relations, Ministry of Labour

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China launches pilot scheme for C-REITs: the era of REITs "with Chinese characteristics" begins

On 30 April 2020 the People's Republic of China (China or the PRC) announced a pilot scheme for establishing real estate investment trusts (REITs) dedicated to the infrastructure sector, dubbed as the "real" China REITs…more

China, Community Development, Infrastructure, Investment Funds, Pilot Programs

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Emisión de Guía Técnica como auxiliar en el proceso de obtención del Dictamen de Impacto Urbano y Autorización de Impacto Ambiental

El pasado 27 de febrero del 2023 se publicó en la Gaceta Oficial de la Ciudad de México la emisión de la “Guía Técnica para la elaboración de los estudios para el Dictamen de Impacto Urbano y Autorización de Impacto Ambiental”…more

Construction Industry, Construction Project, Environmental Impact Statements, Mexico, Real Estate Development

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EU Non-Performing Loans Directive: Potential impact of implementation in some key Member States

The EU Directive (EU) 2021/2167 (NPL Directive), published in the Official Journal of the EU on 8 December 2021 and regulating the sale, purchase and servicing of both consumer and commercial non-performing loans (NPLs)…more

Banking Sector, Consumer Financial Products, EU, Financial Institutions, Financial Services Industry

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Electronic signatures - Doing business remotely

This memorandum provides a better understanding of doing business remotely in the Netherlands – more particularly on electronic signatures and decision making…more

Contract Formation, Coronavirus/COVID-19, E-Signatures, EU, Netherlands

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Establishment of a business in the United Kingdom by a foreign corporation

This note describes in outline the laws and taxes which currently apply to a foreign corporation establishing a business operation in the United Kingdom and the administrative requirements which need to be observed once the…more

Board of Directors, Business Entities, Foreign Corporations, Shareholders, UK

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Reform of German merger control rules: Important changes for real estate transactions

On 14 January 2021, German Parliament passed a comprehensive reform of the German Act against Restraints of Competition ("ARC"). The most important amendments concern the regulation of digital business models. The reform is…more

Competition, EU, Federal Cartel Office (the FCO), Germany, Real Estate Transactions

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Doing business in Poland 2023 - Ukrainian Version

Ведення підприємницької діяльності в Польщі регулюється так само, як і в інших країнах Європейського Союзу. Це дає змогу вести економічну діяльність підприємствам різних правових форм і на різних засадах, тобто вільно надавати…more

Corporate Governance, Corporate Liability, Corporate Structures, Doing Business, Foreign Direct Investment

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FDA spells out electromagnetic compatibility info needed in medical device premarket submissions

The U.S. Food and Drug Administration (FDA) recently issued the final guidance, “Electromagnetic Compatibility (EMC) of Medical Devices: Guidance for Industry and Food and Drug Administration Staff,” which details the…more

Cybersecurity, Final Guidance, Food and Drug Administration (FDA), Health Care Providers, Life Sciences

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EU Regulation on Deforestation Free Products – more of the same due diligence obligations?

The Regulation on Deforestation Free Products (EU Regulation 2023/1115; "Regulation") is a new mosaic and imposes stringent due diligence obligations to halt deforestation and promote global biodiversity. It prohibits the…more

Due Diligence, EU, Small and Medium-Sized Enterprises (SMEs), Supply Chain, Sustainability

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CAP Klauseln: Wachsender Trend in Hotel-Betreiberverträgen

Wie kann ein (Hotel-)Betreiber sein betriebliches Risiko reduzieren? Diese Frage ist in der Corona-Krise aktueller denn je und führt dazu, dass sogenannte Cap-Klauseln wieder mehr und mehr Beachtung in Miet- und Pachtverträgen…more

Commercial Leases, Commercial Property Owners, Germany, Hospitality Industry, Hotels

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FTC "resurrects" Penalty Offense Authority for unlawful endorsements and testimonials

The Federal Trade Commission (FTC) has notified businesses that it is “resurrecting” its Penalty Offense Authority, an enforcement tool that had not been used by the agency since the 1980s. The Penalty Offense Authority,…more

Endorsements, Enforcement Actions, Federal Trade Commission (FTC), FTC Act, FTC Endorsement Guidelines

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Öffentliche Übernahmen in Deutschland Newsletter 2023

Herzlich willkommen zur sechsten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2022 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Capital Markets, Foreign Investment, Germany, Mergers

See all updates »

Italian Tax Bonus Decree: what's new on the Superbonus scheme

Through the conversion of Law Decree No. 39/2024 into Law No. 67 of 23 May 2024 (the "Tax Bonus Decree"), the Parliament has now approved a number of restrictions substantially limiting the benefits of the so-called Superbonus…more

International Tax Issues, Italy, Tax Liability, Tax Planning

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FTC finalizes rule banning non-compete agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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ESG: Embedded carbon- how does this affect real estate development across Europe?

How are different countries grappling with the issue of embedded carbon? Is the prevailing approach to demolish and rebuild or to try to retrofit, refurbish and adapt existing stock? We consider how the UK, Germany and Italy are…more

Carbon Emissions, Climate Change, Environmental Social & Governance (ESG), Greenhouse Gas Emissions, Sustainability

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Cross-border Real Estate ESG: How will the EPBD affect EU member states… and what about the US and UK?

What is the latest position on the Energy Performance of Buildings Directive (EPBD)? How will different EU member states implement the new regime? How is the UK grappling with the need to improve energy performance across the…more

Climate Change, Cross-Border Transactions, Energy Efficiency, Environmental Social & Governance (ESG), EU

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Is your CTGT patent portfolio ready for the UPC?

The introduction of the Unitary Patent and the corresponding Unified Patent Court (UPC) system is set to transform the patent litigation landscape in the European Union (EU). The potential impact on the business success of cell,…more

Biotechnology, EU, Intellectual Property Protection, Member State, Patents

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English Court denies permission for ClientEarth climate claim against Shell directors

The English High Court has refused permission for ClientEarth to continue a derivative claim against the directors of Shell in relation to the company's climate change commitments and management of climate change risk. In a…more

Board of Directors, Climate Change, Derivative Suit, Environmental Policies, Environmental Social & Governance (ESG)

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FTC sends warning to auto industry over connected cars and data privacy

On May 14, 2024, the Federal Trade Commission (“FTC”) sent automakers a clear message: connected cars, and the data collection, use, and sharing activities surrounding the technology, are on its radar. In doing so, the FTC has…more

Connected Cars, Cybersecurity, Data Privacy, Data Protection, Data Security

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HHS final rule requires HIPAA compliance changes for reproductive health care information

The HIPAA Privacy Rule has been modified by the US Department of Health and Human Services (HHS) to increase privacy protections for reproductive health care information. These changes, which will take effect in early 2026,…more

Data Privacy, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Reproductive Healthcare Issues

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SBIC Program Updates: SBA Proposes Technical Amendments to 2023 Reforms and Significant Change to Passive Business Rule

In July 2023, the U.S. Small Business Administration (SBA) released sweeping reforms to the Small Business Investment Company (SBIC) program. Many of those reforms were enacted through the Small Business Investment Company…more

Debentures, Investment, Investors, Portfolio Companies, SBA

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Actualités Législatives et Réglementaires – Septembre 2023

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de septembre 2023. Ces Actualités législatives et…more

Copyright, Energy Efficiency, European Commission, France, Intellectual Property Protection

See all updates »

Federal Grants & Buy America: OMB issues final guidance for federally funded infrastructure projects

On August 23, 2023, the White House Office of Management and Budget (OMB) issued its final guidance (“Guidance”) implementing the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act (IIJA)…more

Buy America, Construction Project, Infrastructure, Infrastructure Investment and Jobs Act (IIJA), OMB

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New frontiers and evolving risks in U.S. and U.K. human rights litigation

International corporates are coming under growing pressure from claimants seeking to hold them liable for acts committed overseas, often by subsidiaries or suppliers. Claimant firms in the U.S. and the UK are finding…more

Alien Tort Statute, Best Practices, Corporate Social Responsibility, Due Diligence, Environmental Social & Governance (ESG)

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December 2023: The month that changed the product safety and liability landscape in Europe

December 2023 was an intense month for the European product safety and liability landscape, with updates by the EU legislator on three important pieces of legislation in recent weeks. For the time being, most UK product safety…more

Due Diligence, EU, EU Directive, European Commission

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France: Spectacular U-turn on successor criminal liability in M&A transactions

On 25 November 2020 the French Supreme Court (Cour de cassation) overturned its decade-long case law, ruling that corporations may now be held criminally liable for offenses committed by acquired entities prior to the merger…more

Corporate Counsel, Corporate Sales Transactions, Criminal Liability, France, French Supreme Court

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Real Estate Horizons: The Power of the Brand

Real Estate Horizons is a snapshot of key legal topics and market trends across the globe. This post higlights the importance of IP rights in this sector. With property developments increasingly focusing on experience and…more

Corporate Branding, Cybersecurity, Energy Efficiency, EU, Intellectual Property Protection

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Summary of principles from recent NEC cases

As a market leading construction team with extensive experience in the NEC suite, Hogan Lovells has prepared a summary of principles from recent case law on NEC that may impact upon the construction industry. …more

Construction Contracts, Construction Industry, Contract Terms, Hong Kong, New Engineering Contracts (NEC Contracts)

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English Court upholds a bank's contractual right to withhold payments to avoid the risk of US secondary sanctions – Lamesa Investments Limited v Cynergy Bank Limited

Hogan Lovells Publications | Lev Fin Spin | 07 October 2019 The English High Court has given effect to the terms of a loan agreement relieving a financial institution of the obligation to make interest payments, where to do so…more

Blocked Person, Contract Terms, Financial Institutions, Financial Transactions, Interest Payments

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Gesetzesentwurf zur Einführung von Eletronischen Wertpapieren

Nachdem das Bundesministerium der Justiz und für Verbraucherschutz und das Bundesministerium der Finanzen mit dem Diskussionspapier "Eckpunkte für die regulatorische Behandlung von elektronischen Wertpapieren und Krypto-Token..…more

Blockchain, Capital Markets, Cryptocurrency, Debt Instruments, EU

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Litigation developments: core M&A and corporate governance doctrines

Hogan Lovells partners Courtney Devon Taylor and Christopher Pickens, from our Philadelphia and Northern Virginia offices respectively, discuss core M&A and corporate governance doctrines – and how they will continue to impact…more

Acquisitions, Controlling Stockholders, Coronavirus/COVID-19, Corporate Governance, Material Adverse Effects

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Maryland legislature passes comprehensive data privacy bill

Maryland’s legislature passed consumer privacy bill SB 541 (the Maryland Online Data Privacy Act (MODPA)), putting it on track to become the nation’s 15th comprehensive state privacy law (if you count the Florida Digital Bill of…more

Data Privacy, Data Protection, Personal Data, State and Local Government, State Legislatures

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Debt Capital Markets – Global Insights – Spring 2020

We are delighted to present the Spring 2020 edition of Hogan Lovells’ Debt Capital Markets Global Insights. This draws together a collection of articles from across our global network, reflecting on current events and topical…more

ABS, Brazil, Capital Markets, Capital Requirements Regulation (CRR), Credit Default Swaps

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Italy - class action “revolution” enters into force: key changes and impacts on insurance industry

On 19 May 2021, the new Italian class action bill has finally entered into force. The new legislation has been designed to facilitate and incentivize the use of class actions, so that a significant increase in collective actions…more

Class Action, Collective Actions, Insurance Industry, Italy, Jurisdiction

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Greenwashing: publication of the directive on empowering consumers for the green transition

The EU is stepping up its fight against greenwashing and empowers consumers for the green transition with a new Directive on empowering consumers for the green transition through better protection against unfair practices and…more

Advertising, Environmental Claims, Green Marketing, Greenwashing, Marketing

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Italy further strengthens its "golden powers" on FDI, 5G and cloud tech due to the Ukrainian crisis

On March 21st, 2022, the Italian Government adopted Law Decree No. 21/2022 introducing urgent measures to react to the economic and humanitarian effects of the Ukrainian crisis ("Emergency Measures Decree"), which also amends…more

5G Network, Critical Infrastructure Sectors, Cybersecurity, Foreign Acquisitions, Foreign Direct Investment

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Italian language requirements on product labels: balancing consumer rights and the free movement of goods

Article 9 of the Italian Consumer Code mandates the translation of all information on product labels, including non-mandatory information. This requirement creates a potential hurdle to the free movement of goods within the…more

Italy, Labeling, Product Labels, Treaty on the Functioning of the European Union (TFEU)

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Africa Newsletter 2022, Edition 1

It has been some time since our last newsletter, but this edition is packed with interesting articles and news about some of our recent and upcoming events. We start with two articles from our Paris office. In the first, Thomas…more

Africa, Arbitration, Commercial Arbitration, Data Protection, Dispute Resolution

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OFAC issues interim final rule amending blocked property and other reporting requirements

The Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued an interim final rule set to take effect August 8, 2024, which amends the Reporting, Procedures, and Penalties Regulations (the “Regulations”)…more

Blocked Person, Economic Sanctions, Office of Foreign Assets Control (OFAC), Reporting Requirements, SDN List

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How does a contractor comply with a duty to proceed regularly and diligently with construction works?

Most construction contracts require contractors to proceed with their works "regularly and diligently" (or an equivalent requirement such as "with due diligence" and "with due expedition and without delay"). Surprisingly, not…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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Is the writing on the wall for the shareholder principle? Privilege update in Hong Kong

The concept of the “shareholder principle” in English law provides that a company cannot assert privilege against its own shareholders, unless the privileged documents in question were created for the dominant purpose of actual…more

Attorney-Client Privilege, Hong Kong, Legal Advice Privilege, Litigation Privilege, Shareholders

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Jurisprudencia en Materia de Impuesto al Valor Agregado (IVA)

La Segunda Sala de la Suprema Corte de Justicia de la Nación ha emitido una jurisprudencia en materia de IVA que puede conducir a resultados no lógicos y no comerciales. Las empresas que operan en México deben ser conscientes de…more

Mexico, Offsets, Refunds, Supreme Court of Mexico, Tax Refunds

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Supreme Court’s Schutte decision: the meaning of knowledge remains elusive

On June 1, 2023, the U.S. Supreme Court issued its highly anticipated opinion in the most watched False Claims Act (FCA) case in years. The Court granted cert in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel…more

Drug Pricing, False Claims Act (FCA), Pharmaceutical Industry, Pharmacies, Prescription Drugs

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Living Mobility Spotlight Q&A series - June 2021

What is Living Mobility? It is easier to say what it is not. The automotive industry is no longer focused on the traditional vehicle. Not only are the vehicles changing but we are now focused on mobility: different modes of…more

Artificial Intelligence, Automation Systems, Automotive Industry, Blockchain, Climate Change

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COVID-19: Summary of National Payment Moratoria Measures in Europe (UPDATED)

Our note summarises key national payment moratoria measures and other reliefs related to the COVID-19 pandemic which have been introduced in various European countries and which are relevant in the context of structured finance…more

Coronavirus/COVID-19, Debt Relief, EU, European Banking Authority (EBA), Late Payments

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Negotiated settlements: New opportunities for Italian distressed businesses?

The conversion into statute on 23 October 2021 of the so-called Business Distress Bill adds new provisions to those recently adopted by the Italian government to address corporate distress following the COVID-19 pandemic, to…more

Coronavirus/COVID-19, Corporate Restructuring, Debt Restructuring, Economic Development, Economic Downturn

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Amendments to China’s Criminal Law on bribery offences

With effect from March 1, 2024, China’s amended Criminal Law on bribery offences will come into force. Amidst China’s active anti-corruption movement, the amendments passed by the Standing Committee of the 14th National People’s…more

Anti-Corruption, Bribery, China, Corruption

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Öffentliche Übernahmen in Deutschland Newsletter 2024

Herzlich willkommen zur siebten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2023 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Foreign Investment, Germany, Merger Controls, Mergers

See all updates »

“MetaBirkins” are not workin’ - Hermès wins jury trial in NFT trademark infringement brawl

Luxury goods titan Hermès has been handed a major victory in its pioneering lawsuit involving trademark infringement through non-fungible tokens (“NFTs”). A federal jury in Manhattan recently found that an artist’s NFT…more

Digital Assets, Fashion Industry, Intellectual Property Protection, Jury Verdicts, Non-Fungible Tokens (NFTs)

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UK Supreme Court rules on the law of nuisance: knot just another case on causation

A dispute over a £5000 drop in property value has gone all the way to the Supreme Court which, today, confirmed that you cannot recover damages for encroachment of Japanese knotweed on your land if this occurred before the…more

Encroachments, Nuisance, UK, UK Supreme Court

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The U.S. Department of Justice updates roadmap to an effective compliance program

On June 1, 2020, the U.S. Department of Justice (DOJ), Criminal Division, updated its guidance on the “Evaluation of Corporate Compliance Programs,” providing increased clarity on some of the key questions prosecutors will ask…more

Compliance Management Systems, Cooperative Compliance Regime, Corporate Misconduct, Corruption, Department of Justice (DOJ)

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Early signs of an M&A re-bound in 2024 - A transatlantic view

As we all know, M&A activity in 2023 was down compared to 2022. In the first nine months of 2023, global deal volumes declined 29% (year on year) and in Q3 2023 we saw the worst performance from an M&A perspective in 11 years,…more

Acquisitions, Competition, Merger Controls, Mergers

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Doing business – Consumer sector (UPDATED)

Entering a new market can be a game changer for businesses in the consumer industry, but it can come with some significant legal risks. Consumer protection laws, supply chain issues, product regulation, data privacy issues,…more

Antitrust Provisions, Business Development, Business Formation, Business Pursuits, Doing Business

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Employment law implications of the partial legalization of cannabis in Germany

As a result of the partial cannabis legalization in Germany, an increased cannabis consumption as well as an increased social acceptance of such is to be expected. This will likely lead to impacts on employment relationships…more

Cannabis Products, Decriminalization of Marijuana, Germany, International Labor Laws, Marijuana

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Doing business – Consumer sector (UPDATED)

Entering a new market can be a game changer for businesses in the consumer industry, but it can come with some significant legal risks. Consumer protection laws, supply chain issues, product regulation, data privacy issues,…more

Antitrust Provisions, Business Development, Business Formation, Business Pursuits, Doing Business

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Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience to…more

Banking Sector, Blockchain, Cryptocurrency, Environmental Social & Governance (ESG), EU

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Leitentscheidungsverfahren beim Bundesgerichtshof: Neues Instrument zum Umgang mit Massenverfahren

Mit dem Referentenentwurf des Bundesministeriums der Justiz (BMJ)1 zur Einführung eines Leitentscheidungsverfahrens beim Bundesgerichtshof (BGH) setzt der Gesetzgeber seine Bestrebungen zur Effektuierung der privaten…more

Appeals, Class Action, Germany, Remedial Actions

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UK register of beneficial owners goes live

After some years in the making, the UK register for overseas entities finally opened at Companies House on Monday 1 August 2022. Overseas entities that own registered land in the UK are now required to register at Companies…more

Beneficial Owner, Disclosure Requirements, Foreign Entities, Foreign Ownership, Real Estate Investments

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

See all updates »

Spain: Can COVID-19 be used to seek the suspension, variation or termination of commercial agreements?

Spain, like all other European countries, is taking decisive steps to contain the coronavirus and safeguard both public health and the Spanish economy. However, the government's decisions focus largely on healthcare and public…more

Coronavirus/COVID-19, Force Majeure Clause, Spain

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Italy implements EU Whistleblower Directive: the new obligations for companies

After a long-lasting legislative process, Italy has joined the group of Members States that have implemented EU Directive no. 2019/1937 on whistleblowing. The new regulation sets a number of obligations for companies, which are…more

Corporate Investigations, Employer Liability Issues, Italy, New Regulations, Whistleblower Protection Policies

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Arbitration Highlights in the Year of the Dragon

In the year of the dragon, attention turns to the enforcement of arbitral awards. We look at five different Hong Kong decisions where enforcement or set aside has been the central issue often involving arguments of public…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Hong Kong

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Carve-out transactions must be clean cuts. But getting untangled can be easier said than done

Carve-out transactions will remain a popular option for chemical companies looking to shed non-core business activities in the face of numerous market challenges..…more

Carve Out Provisions, Chemicals, Contract Terms, Covered Transactions

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Key takeaways from the retail buzz coffee chat with the Hogan Lovells NY team (UPDATED)

On 28 March 2023, the Hogan Lovells New York Retail Team hosted a coffee chat webinar discussing the latest news and developments of 2023 in retail. The event featured Meryl Bernstein (Intellectual Property, Media, and…more

Cybersecurity, E-Commerce, Financial Institutions, Financial Markets, Financial Services Industry

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Negotiating M&A transactions in the COVID-19 era: considerations for navigating new opportunities in uncertain waters

As businesses around the world continue to adapt to new day-to-day realities and challenges brought about by the COVID-19 pandemic, priorities necessarily shift to near-term concerns. Nevertheless, times of significant…more

Antitrust Provisions, Business Valuations, Contract Negotiations, Coronavirus/COVID-19, Due Diligence

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U.S. + Germany Patent Update – July 2019

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. United States - - U.S. Congress Introduces Bill Addressing Patent Subject Matter Eligibility - PTAB’s…more

Article III, German Federal Supreme Court, Germany, Intellectual Property Litigation, Intellectual Property Protection

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The reform of the German Real Estate Transfer Tax Act (“RETTA”) in a nutshell

On 1 July 2021, the “Act Amending the German Real Estate Transfer Tax Act” came into force. The legislative reform was previously the subject of public debate for several years and is still the subject of controversial…more

Germany, International Tax Issues, Land Transfer Taxes, Real Estate Transfers, Tax Authority

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White House announces AI companies' voluntary commitments to address AI-related risks

The White House announced new voluntary commitments from seven leading Artificial Intelligence (AI) companies to ensure safe, secure, and transparent AI technology development, advancing the Administration’s promise to manage…more

Artificial Intelligence, Cybersecurity, Risk Management

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EU consumer credit legislation in the digital era: Council of EU adopts CCD II

The EU has adopted the final text of the Directive on consumer credits to revise and replace the Consumer Credit Directive (2008/48/EC) (CCD II). The next step will be publication in the Official Journal of the EU and then entry…more

Credit, EU, European Banking Authority (EBA), European Commission

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UK government proposes further changes to TUPE

As part of its “Smarter regulation to grow the economy” initiative, the UK government is consulting on further changes to TUPE. These include making it clear that TUPE applies to employees, not the wider category of workers, and…more

Employer Liability Issues, Employment Contract, International Labor Laws, TUPE, UK

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Online HealthNow, Inc., et al: Anti-fraud provisions can be “too much dynamite” - Quarterly Corporate / M&A Decisions update series

The Delaware Court of Chancery in Online HealthNow, Inc., et al. v. CIP OCL Investments, LLC, et al., C.A. No. 2020-0654-JRS (Del. Ch. August 12, 2021) extended a recent line of cases declining to enforce seller-friendly…more

Anti-Reliance Clauses, Buyers, Fraud, Mergers, Misrepresentation

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New Release: Insurance Horizons Brochure 2021

The global pandemic brought a wave of changes and developments that have impacted, and continue to impact, the insurance sector. As we look ahead, we see further change on the horizon. Around the world, we continue to deal…more

Acquisitions, Business Interruption, Coronavirus/COVID-19, Corporate Governance, Environmental Social & Governance (ESG)

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Where development, global crises, and whistleblowing converge - A look into the World Bank’s 2023 Sanction System’s Report

You get a hotline report that a project coordinator in an emerging market that you recently entered was awarded their contract based on a falsified experience. You begin investigation Desktop review and remote interviews quickly…more

Banking Sector, Banks, Bribery, Collusion, Fraud

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France to transpose CSRD first among Member States: what are the new requirements?

Pursuant to Article 12 of Law no. 2023-171 of 9 March 2023 containing various provisions for adapting to European Union law in the fields of the economy, health, labour, transport and agriculture, French Order no. 2023-1142 on…more

Corporate Governance, Environmental Social & Governance (ESG), France, Reporting Requirements, Risk Management

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Foreign Influence Registration Scheme: a UK FARA

The UK has introduced new registration requirements on persons carrying on certain activities (e.g. political influence activities) for foreign states in the United Kingdom, which is expected to come into force in the course of…more

Foreign Agents, Foreign Agents Registration Act (FARA), National Security, UK

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Indictment in $40M Alleged Fraud Case Signals Increased Scrutiny of SDVOSB Government Contractors

On December 1, 2017, the U.S. Department of Justice announced the federal grand indictment of an army veteran for allegedly engaging in major government program fraud by using his status as a service-disabled veteran to obtain…more

Criminal Prosecution, Federal Contractors, Fraud, Indictments, Regulatory Oversight

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FERC changes the game for the natural gas pipeline industry

At the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) meeting held on February 17, 2022, FERC announced sweeping changes to its guidance for the certificate process for interstate natural gas pipeline…more

Energy Projects, Energy Sector, Environmental Justice, FERC, Natural Gas

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Continuing or cured? The suspension of swap payments following an event of default may not be unlimited

The High Court of England and Wales has recently provided welcome clarification around the nature of events of default under derivatives contracts governed by the ISDA Master Agreement, in particular in relation to whether an…more

Capital Markets, Derivatives, EU, Insolvency, ISDA

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Designrecht auf den Kopf gestellt: EuGH zur "Sichtbarkeit" und "bestimmungsgemäßen Verwendung" von Bauelementen komplexer Erzeugnisse

Die Sichtbarkeit von Bauelementen komplexer Erzeugnisse i.S.d. § 4 DesignG beurteilt sich sowohl aus Sicht des Endnutzers als auch aus Sicht eines externen Betrachters. Dabei muss das Bauelement nicht zu jedem Zeitpunkt der…more

Design Patent, European Court of Justice (ECJ), Germany, Intellectual Property Protection, Patent Litigation

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Bilan de l’activité contentieuse de la CNIL en 2023 : un rétroviseur pour lire l’avenir

Il n’y a pas de question plus difficile en matière contentieuse que celle de l’anticipation des risques de faire l’objet d’un contrôle ou d’une sanction. C’est la raison pour laquelle il est utile de se nourrir des évolutions…more

CNIL, Cybersecurity, Data Protection, Data Protection Authority, France

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FDA increasing efforts to support CTGT product development

FDA has recently increased its efforts to support the development and approval of cell, tissue, and gene therapy (CTGT) products. This is evidenced by the upswing in CTGT approvals in the last few years and the unprecedented…more

Clinical Trials, Food and Drug Administration (FDA), Life Sciences, Medical Devices

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Introduction of financial measures in support of businesses facing the Covid-19 crisis

Faced with the impact of the Covid-19 health crisis on the local and European economy, the President of the French Republic and the government announced several emergency measures in order to support businesses in…more

Business Interruption, Coronavirus/COVID-19, Corporate Restructuring, Emergency Management Plans, France

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Rosenbaum v. CytoDyn: Noncompliance with advance notice bylaw can block shareholders’ board nominees - Quarterly Corporate / M&A Decisions update series

In Rosenbaum v. CytoDyn Inc., C.A. No. 2021-0728-JRS (Del. Ch. Oct. 13, 2021), the Delaware Court of Chancery declined to apply the Blasius enhanced scrutiny standard to an incumbent board’s rejection of shareholders’ proposed…more

Advance Notice, Board of Directors, Business Judgment Rule, Bylaws, Corporate Governance

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How blockchain might change the whole fashion industry – and safeguard the authenticity of your goods

So far you have probably only heard of blockchain in connection with financial transactions and Bitcoins. Well, that should change soon. Blockchain is the catch-all term for technology that permanently records transactions in a…more

Blockchain, Chain of Custody, Chain of Distribution, Counterfeit Goods Regulation, Counterfeiting

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Corporate News - December 2017

A monthly newsletter covering topics of interest in the field of UK corporate law including mergers and acquisitions, listed companies, equity capital markets, corporate governance and general company law…more

AIM, Corporate Governance, EU, EU Market Abuse Regulation (EU MAR), European Securities and Markets Authority (ESMA)

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Data class actions in Europe - and spotlights in Mexico, Russia and the U.S.

The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in…more

Class Action, Cybersecurity, Data Breach, Data Protection, General Data Protection Regulation (GDPR)

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Device makers must verify third-party lab data, FDA warns

On Tuesday, the U.S. Food and Drug Administration (FDA) issued a letter warning medical device manufacturers and sponsors of device studies to carefully evaluate the third parties that they engage to conduct performance testing,…more

Food and Drug Administration (FDA), Life Sciences, Manufacturers, Medical Devices, Pharmaceutical Industry

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Patent Litigation: Dutch Court of Appeal guidance on formal entitlement to priority

On 30 July, the Court of Appeal of The Hague ruled on the formal entitlement to priority following from a US provisional patent application. The attack on priority in this case is part of a recent trend by parties in patent…more

Appeals, Entitlements, EU, European Patent Convention, Genentech

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Aerospace and Defense Insights | SPAC transactions update: Are space and satellite companies still good candidates?

Since late 2019, space- and satellite-based companies and other companies in the aerospace and defense sector have been the focus of interest from special purpose acquisition companies (SPACs). Similarly, SPACs have been looked…more

Aerospace, Capital Markets, Initial Public Offering (IPO), Publicly-Traded Companies, Satellites

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OFAC issues interim final rule amending blocked property and other reporting requirements

The Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued an interim final rule set to take effect August 8, 2024, which amends the Reporting, Procedures, and Penalties Regulations (the “Regulations”)…more

Blocked Person, Economic Sanctions, Office of Foreign Assets Control (OFAC), Reporting Requirements, SDN List

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Critical Raw Materials Act: The European Union wants to reduce dependency

Rare earths, lithium and other raw materials are of enormous importance for future technologies. The demand for such "critical raw materials" will continue to increase in the future. However, the European Union has so far almost…more

Energy Sector, Energy Storage, Imports, Manufacturers, Solar Panels

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How to draft for concurrent delay wherever your projects are

A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer…more

Appeals, Breach of Contract, Construction Contracts, Construction Industry, Construction Litigation

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Beneficial Owners’ Register in Italy – A further step towards its implementation

Pursuant to the Law Decree no. 55 of 11 March 2022 (the “Decree”), published in the Italian Official Gazette on 25 May 2022, information about beneficial owners of Italian companies, foundations, associations and trusts will…more

Anti-Money Laundering, Beneficial Owner, Customer Due Diligence (CDD), EU, Italy

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UK COVID-19 – Arbitrator of protected rent arrears must make award in line with compliant proposal

In one of the first published arbitration awards under the Commercial Rent (Coronavirus) Act 2022 (“CRCA”) in which the Arbitrator made an award based on the parties' formal proposals, the tenant (Bills Restaurants Limited) was…more

Arbitration, Arbitration Awards, Arbitrators, Coronavirus/COVID-19, International Arbitration

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Building Safety Act: Remediation Order imposed on pension fund landlord

Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, has secured a remediation order requiring a pension fund landlord to carry out fire safety remediation works totalling £15 million under Section 123…more

Landlords, Rental Property, Residential Leases, Tenants, UK

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Adler on Appeal – Adler plan set aside in first ever appeal of an English restructuring plan

On 23 January 2024, the English Court of Appeal set aside the April 2023 order of the High Court sanctioning the English Part 26A restructuring plan (the “Plan”) proposed by AGPS BondCo plc (the “Plan Company”), a subsidiary of…more

Appeals, Creditors, Insolvency, Restructuring

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Japan’s New Chip Equipment Export Rules Take Effect

Effective 23 July 2023, Japan’s Ministry of Economy, Trade and Industry (“METI”) imposed export regulations on 23 types of advanced semiconductor manufacturing equipment. The new rules require Japanese suppliers to obtain a…more

Exports, FEFTA, Japan, METI

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EU Non-Performing Loans Directive: Potential impact of implementation in some key Member States

The EU Directive (EU) 2021/2167 (NPL Directive), published in the Official Journal of the EU on 8 December 2021 and regulating the sale, purchase and servicing of both consumer and commercial non-performing loans (NPLs)…more

Banking Sector, Consumer Financial Products, EU, Financial Institutions, Financial Services Industry

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Key insights from the 2024 ABA White Collar Conference

The 2024 American Bar Association White Collar Crime conference delivered crucial insights from artificial intelligence’s tantalizing promise to its looming threats, a focus on individual accountability, repercussions for repeat…more

American Bar Association (ABA), CFTC, Corporate Crimes, Corporate Misconduct, Securities and Exchange Commission (SEC)

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CJEU: Foreign patent invalidity defence in cross-border case - Attorney General Emiliou Delivers Opinion in BSH Hausgeräte v Electrolux Case (Case C‑339/22)

On 22 February 2024, Attorney-General (AG) Emiliou delivered an opinion in the BSH Hausgeräte/Electrolux case (C‑339/22). The opinion deals with the interpretation of Article 24(4) of the Brussels I bis Regulation in a situation…more

EU, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Top Ten Expected Planning Changes

With the new year now here, we look at ten key planning changes which are due in 2017: 1. Housing White Paper- This was expected today, but we understand that its publication will be pushed back and there have been rumours…more

Affordable Housing, Dispute Resolution, Infrastructure, Neighborhood Revitalization, Residential Real Estate Market

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Cardinal duty – UK Supreme Court clarifies arbitrators' obligations of impartiality and disclosure

The United Kingdom (UK) Supreme Court has handed down its much-anticipated judgment in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48 in respect of Haliburton's application to remove an arbitrator for apparent…more

Appeals, Arbitration, Arbitrators, Bias, Disclosure Requirements

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Agencies issue guidance on delayed SEC reporting of material cybersecurity incidents - SEC Update

Since December 18, 2023 public companies other than smaller reporting companies are required to report a cybersecurity incident under Item 1.05 of Form 8-K within four business days after the company determines the incident is…more

Cyber Incident Reporting, Cybersecurity, Department of Justice (DOJ), Disclosure Requirements, Form 8-K

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EU law: what's retained?

New Year’s Eve 2020 was a bit different from other years, and for more reasons than one. It will certainly be a date that any English lawyer advising on the UK’s postBrexit legal system will not easily forget. At 11pm GMT, EU…more

Court of Justice of the European Union (CJEU), EU, European Economic Area (EEA), Foreign Policy, Regulatory Agenda

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Significant new U.S., UK and EU measures mark anniversary of Russia’s invasion of Ukraine

On 24 February 2023, the U.S. intensified its sanctions on Russia and released new trade control measures targeting key sectors, evasion efforts, and military supplies. Taken together, the additional sanctions, export controls…more

Belarus, Economic Sanctions, EU, Export Controls, Office of Foreign Assets Control (OFAC)

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Challenging decisions made under the UK National Security and Investment Act 2021: key considerations

This year will likely be significant in setting the ambit and intensity in which the High Court reviews decisions made by Government under the National Security and Investment Act 2021 (the "NSIA"). In particular, the High Court…more

Acquisitions, Foreign Acquisitions, Foreign Investment, Judicial Review, National Security

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Global Accountants’ Liability Update – July 2020

Certified public accountants are among those who may benefit from a mechanism announced by the Hong Kong government in May 2020 to exempt certain inbound travelers from compulsory quarantine. The exemption is provided under s…more

Accounting Standards, Coronavirus/COVID-19, CPAs, Financial Reporting, Hong Kong

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M&A Update - Delaware Court Of Chancery Makes Notable MAE Finding, Allows Fresenius To Terminate Proposed US$4.3 Billion Acquisition Of Akorn

On October 1, 2018, the Delaware Court of Chancery issued a post-trial opinion by Vice Chancellor Laster in which the court determined that Fresenius Kabi AG validly terminated its proposed US$4.3 billion acquisition of Akorn,…more

Acquisition Agreements, Contract Terms, EBITDA, Lost Earnings, Material Adverse Effects

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UK Subsidy Control Bill – “considerable unknowns" remain

The UK Government has been busy adding flesh to the bare bones of the domestic subsidy control regime that has been in place since the start of 2021 following the signing of the EU/UK Trade and Cooperation Agreement…more

EU, European Commission, Financial Assistance Policies, State Aid, Subsidies

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Neue Regelungen für digitale Produkte

Der Bundestag hat am 25.06.2021 das „Gesetz zur Umsetzung der Richtlinie über bestimmte vertragsrechtliche Aspekte der Bereitstellung digitaler Inhalte und digitaler Dienstleistungen“ beschlossen. Das Gesetz setzt die…more

Consumer Contracts, Digital Goods, Digital Services, E-Commerce, Entrepreneurs

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Double standards for the taxation of intra-group financing

The German Federal Ministry of Finance has published a draft law for the implementation of the EU Anti-Tax Avoidance Directive (ATAD Implementation Act) on 10 December 2019. This draft includes inter alia a new section 1a German…more

Anti Tax Avoidance Directive (ATAD), Corporate Taxes, EU, Germany, International Tax Issues

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U.S.: City of Yes for Housing Opportunity (April 2024 Update)

The Adams’ administration recently unveiled its third and final proposal as part of New York City’s “City of Yes” initiative to aid small businesses, create jobs, expand affordable housing opportunities, and promote…more

Affordable Housing, City Planning Departments, Housing Developers, Zoning Laws

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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CJEU specifies requirements for compensation of non-material damages for breaches of the GDPR

By its much anticipated judgment of 4 May 2023, the European Court of Justice (CJEU) specified the requirements under which data subjects affected by a breach of the GDPR can claim for compensation of non-material damages under…more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Protection, e-Privacy Directive, EU

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Collective actions on the horizon after this week’s BGH rulings on damages in emission matters

On 26 June 2023 the German Federal Court of Justice (BGH) issued three landmark decisions (VIa ZR 335/21, VIa ZR 533/21 and VIa ZR 1031/22) in which it paved the way for further damage claims, following the European Court of…more

Carbon Emissions, Class Action, Damages, Germany

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Hogan Lovells CES 2023 Recap

In January, sector focused lawyers from Hogan Lovells travelled to Las Vegas to attend CES. Our team enjoyed seeing clients in person as well as seeing the latest products and trends, and we have compiled our experience and key…more

Electronic Devices, Electronics, Manufacturers, Non-Fungible Tokens (NFTs), Virtual Currency

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Will Santa’s presents get through this Christmas?

With the UK preparing for its first post-Brexit Christmas, COVID-19 flaring up in Central Europe, and demand for products dramatically changed around the world, supply chain issues threatened to spoil holiday plans. Last year,…more

Consumer Contracts, Coronavirus/COVID-19, E-Commerce, Holidays, Retail Market

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The EASA publishes proposed airworthiness standards for small eVTOL aircraft for public consultation

On 15 October 2018, the European Aviation Safety Agency (EASA) opened a public consultation on proposed airworthiness standards for the certification of small electric vertical takeoff and landing (eVTOL) aircraft. The EASA is…more

Aircraft, Artificial Intelligence, Aviation Industry, Certification Requirements, Electric Vehicles

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UK PRA Strong and Simple framework: Policy statement on Phase 1 of 'simpler regime' work published

The Prudential Regulation Authority (PRA) has published a policy statement (PS15/23) on scope, criteria, liquidity, reporting and disclosure requirements under the Strong and Simple framework. This is a set of prudential…more

Banking Sector, Banks, Financial Conduct Authority (FCA), Financial Services Industry, Prudential Regulation Authority (PRA)

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The EU Late Payment Regulation – unintended consequences for structured finance transactions?

The European Commission published a proposal for a regulation on combating late payment in commercial transactions last year which will introduce new rules, including that payments have to be made within 30 days, albeit with…more

Banking Sector, EU, Fees, Securitization, Small and Medium-Sized Enterprises (SMEs)

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UK: PRA publishes Consultation Paper 3/19 “Solvency II: Longevity risk transfers-simplification of pre-notification expectations”

On 5 February 2019, the Prudential Regulation Authority (PRA) published Consultation Paper (CP) 3/19, which proposes to update Supervisory Statement (SS) 18/16 “Solvency II: longevity risk transfers” to simplify the…more

Financial Services Industry, Insurance Regulations, Prudential Regulation Authority (PRA), Risk Management, Solvency II

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Buyer obligations in earnout negotiations

Previously in our series, our team evaluated a number of important points that buyers should consider when embarking on a build-to-buy transaction to protect against downside scenarios in those collaboration arrangements…more

Buyers, Earn-Outs, Life Sciences, Purchase Agreement, Sellers

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Hogan Lovells Living Mobility Spotlight Q&A series

What is Living Mobility? It is easier to say what it is not. The automotive industry is no longer focused on the traditional vehicle. Not only are the vehicles changing but we are now focused on mobility: different modes of…more

Automation Systems, Automotive Industry, Charging Stations, Connected Cars, Driverless Cars

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Supreme Court’s Schutte decision: the meaning of knowledge remains elusive

On June 1, 2023, the U.S. Supreme Court issued its highly anticipated opinion in the most watched False Claims Act (FCA) case in years. The Court granted cert in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel…more

Drug Pricing, False Claims Act (FCA), Pharmaceutical Industry, Pharmacies, Prescription Drugs

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FTC challenges first hospital merger under new Merger Guidelines

On January 25, 2024 the Federal Trade Commission (FTC) sued to block Novant Health (Novant) from acquiring two North Carolina hospitals, Lake Norman Regional Medical Center and Davis Regional Medical Center from Community Health…more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Horizontal Merger Guidelines

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FDI - A global perspective

During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments…more

Acquisitions, CFIUS, Foreign Investment, Mergers, National Security

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Shareholder and intra-group Loans – be aware of taxation risks

Most company groups rely on shareholder and / or intragroup loans in order to manage the liquidity requirements within the group and easily transfer cash from one entity to another as and when needed. While discussions about…more

Germany, International Tax Issues, Intra-Group Transactions, Liquidity, Ministry of Finance

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New clarity for German insolvency proceedings - No extended realization rights

In its decision of October 27, 2022 (IX ZR 145/21), the German Federal Court of Justice (BGH) ruled on a long-running dispute under German insolvency law. In its decision, the Court assumed that the insolvency administrator's…more

Commercial Bankruptcy, Corporate Restructuring, EU, Germany, Insolvency

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Arbeitgeber aufgepasst: Neue Betrugsmasche von vermeintlichen Bewerbern Mehrfache -Abrechnung von Bewerbungskosten

Unter vermeintlich echten Bewerbern verbreitet sich eine neue Masche: Die mehrfache Abrechnung von Bewerbungskosten bei Arbeitgebern. Wir erläutern, wie die Masche genau funktioniert, ob und in welchem Umfang Bewerbungskosten…more

Employer Liability Issues, Germany, Hiring & Firing, International Labor Laws, Job Applicants

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CAT upholds CMA Decision: Ping out of bounds

On 7 September 2018, the CAT upheld the CMA's 2017 infringement decision in which it fined golf club manufacturer Ping £1.45m for breaching Article 101(1) TFEU and the UK's Chapter I prohibition by preventing UK retailers from…more

Anti-Competitive, Competition Authorities, Infringement, Intellectual Property Protection, Online Sales Bans

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Hogan Lovells: ITC Section 337 Quarterly Highlights

The ITC Section 337 series provides updates on recent U.S. International Trade Commission (ITC) Section 337 investigations as well as other timely ITC developments that affect your business. …more

Administrative Law Judge (ALJ), Appeals, Domestic Injury, False Advertising, Intellectual Property Protection

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EU adopts directive criminalising sanctions violations

On 24 April 2024, the European Union adopted a directive criminalizing the following sanctions violations:  The directive brings significant changes to EU sanctions enforcement by harmonising the rules on the violation of EU…more

Criminal Prosecution, Economic Sanctions, EU, Prohibited Transactions, Sanction Violations

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California courts weigh in on wave of live chat class actions

Over the last 18 months, a new privacy litigation battlefront has emerged: Website operators across a range of industries find themselves inundated with class action suits or requests for arbitration based on alleged violation…more

CIPA, Class Action, Invasion of Privacy, Websites

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ESG Market Alert - April 2024

In this month’s round-up of the latest developments in ESG for UK clients, we cover: Belgium: Pioneer protecting the planet; David v Goliath: ClientEarth v Shell and the growing need to consider nature related risks as part of…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Sustainability

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USDA issues final guidelines on donated food

On May 23, the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) published final guidelines to assist establishments and non-profits that donate or receive donated meat, poultry, and egg…more

Food Safety, Food Safety and Inspection Service (FSIS), Food Supply, Poultry, USDA

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Novelle des Energiesicherungsgesetzes: Zusätzliche Handlungsoptionen

Mit der Reform des Energiesicherungsgesetzes schafft der Gesetzgeber umfangreiche neue Regelungen und Handlungsmöglichkeiten zur Sicherung der Energieversorgung im Krisenfall. Betreiber kritischer Infrastruktur im Energiesektor…more

Capital Markets, Climate Change, Critical Infrastructure Sectors, Energy Reform, EU

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Leitentscheidungsverfahren beim Bundesgerichtshof: Neues Instrument zum Umgang mit Massenverfahren

Mit dem Referentenentwurf des Bundesministeriums der Justiz (BMJ)1 zur Einführung eines Leitentscheidungsverfahrens beim Bundesgerichtshof (BGH) setzt der Gesetzgeber seine Bestrebungen zur Effektuierung der privaten…more

Appeals, Class Action, Germany, Remedial Actions

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FDA increasing efforts to support CTGT product development

FDA has recently increased its efforts to support the development and approval of cell, tissue, and gene therapy (CTGT) products. This is evidenced by the upswing in CTGT approvals in the last few years and the unprecedented…more

Clinical Trials, Food and Drug Administration (FDA), Life Sciences, Medical Devices

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Straight Talks: New players, new rules - IP disruption in the automobile industry

Not long ago, an automotive “innovation” meant a new way of engineering a powertrain or emissions system, which would then be patented by the original equipment manufacturer (OEM) or supplier. A “gentlemen’s agreement” allowed…more

Automated Transportation, Automotive Industry, Competition, Defend Trade Secrets Act (DTSA), Driverless Cars

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Coronavirus and civil procedure: Preservation of evidence in times of COVID-19 (under German law)

Companies are having to devote considerable attention to the coronavirus crisis at the present time. However, in view of the current turbulence affecting business, it is equally important to be aware of any legal disputes that…more

Coronavirus/COVID-19, Evidence, Germany, Record Preservation, Rules of Civil Procedure

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Actualités Législatives et Réglementaires – Mars 2024

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de mars 2024. Ces Actualités législatives et…more

Automotive Industry, Energy Sector, Insurance Industry, Procurement Guidelines, Public Contracts

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Nuovi limiti alle cessioni dei crediti ACE e superbonus con il “Decreto-Legge Superbonus” (D.L. n. 39 del 29 marzo 2024)

In data 29 marzo 2024 è stato approvato il decreto-legge n. 39 che introduce misure urgenti in materia di agevolazioni fiscali in ambito edilizio e di efficienza energetica prevedendo, tra l’altro: (i) con riferimento ai c.d…more

Construction Industry, Energy Efficiency, Italy, Tax Benefits

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Reform of the procedure before the French Data Protection Authority

On 24 January and 8 April 2022, the procedure before the French Data Protection Authority (CNIL) was reformed with the aim notably to better respond to the growing number of complaints that the CNIL receives each year following…more

CNIL, Cybersecurity, Data Protection, Data Protection Authority, Data Protection Impact Assessments (DPIAs)

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FCC initiates proceeding to explore diversity in independent video programming

Federal Communications Commission Chairwoman Jessica Rosenworcel’s office announced that she has circulated a Notice of Proposed Rulemaking (“NPRM”) among the other commissioners that would initiate a proceeding to explore the…more

Diversity, FCC, Multichannel Video Programming

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The AI Act is coming: EU reaches political agreement on comprehensive regulation of artificial intelligence

On 8 December 2023, after marathon “trilogue” negotiations, the Council of the EU, the European Parliament and European Commission reached a groundbreaking agreement on the forthcoming AI Act. Although the final text is still…more

Artificial Intelligence, Cybersecurity, Data Protection, EU, European Commission

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USDA issues final rule updating school nutrition standards

The U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service (FNS) recently issued a final rule to update its school nutrition standards, requiring changes to school meal programs starting in the 2025-2026 school…more

Final Rules, Public Schools, School Lunch Programs, USDA

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How are REITs impacted by the Jobs Act?

On December 15, 2017, the Conference Committee of the U.S. Congress approved the Tax Cuts and Jobs Act (the “Jobs Act”). The Jobs Act is expected to be approved by both Houses of Congress and signed by President Trump. The Jobs…more

Corporate Taxes, Income Taxes, Legislative Agendas, Legitimate Business Interest, Like Kind Exchanges

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Mission Product: Trademarks? Yes. Mootness? No

In Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court held that a debtor's rejection of a trademark license does not eliminate the licensee's right to use the trademark through the…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Code, Breach of Contract, Commercial Bankruptcy, Debtors

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Offshore wind projects with Chinese suppliers: Topics you should think about

Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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COVID-19: Summary of National Payment Moratoria Measures in Europe (UPDATED)

Our note summarises key national payment moratoria measures and other reliefs related to the COVID-19 pandemic which have been introduced in various European countries and which are relevant in the context of structured finance…more

Coronavirus/COVID-19, Debt Relief, EU, European Banking Authority (EBA), Late Payments

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New Italian Capital Markets Bill: corporate law changes regarding renewal of boards of listed companies and multiple-vote rights for shares of unlisted companies.

On 6 February 2024, the Italian Chamber of Deputies has approved the new Italian Capital Markets Bill (DDL Capitali), which introduces several changes to foster the “competitiveness” of the Italian capital markets…more

Board of Directors, Bylaws, Capital Markets, Italy

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Blue Bell Creameries Enters into Negotiated Agreements with the Department of Justice to Resolve Investigations Related to Listeria Contamination in Ice Cream

On May 1, 2020, Blue Bell Creameries L.P. (Blue Bell) and the U.S. Department of Justice (DOJ) entered into two separate agreements related to the 2015 listeriosis outbreak linked to Blue Bell ice cream. This memorandum provides…more

Blue Bell Creameries, Department of Justice (DOJ), Federal Food Drug and Cosmetic Act (FFDCA), Food Contamination, Food Manufacturers

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New frontiers and evolving risks in U.S. and U.K. human rights litigation

International corporates are coming under growing pressure from claimants seeking to hold them liable for acts committed overseas, often by subsidiaries or suppliers. Claimant firms in the U.S. and the UK are finding…more

Alien Tort Statute, Best Practices, Corporate Social Responsibility, Due Diligence, Environmental Social & Governance (ESG)

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2023 securities, shareholder, and M&A litigation outlook - April 2023

In this past year, we saw an uptick in in-person court proceedings as the effects of the pandemic subsided, a decrease in pandemic-related litigation, and a return to many of the core issues facing Delaware companies operating…more

Acquisitions, Caremark claim, Cybersecurity, Delaware General Corporation Law, Derivative Suit

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Offshore wind projects with Chinese suppliers: Topics you should think about

Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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A new dawn for U.S.- Vietnam relations

The United States and Vietnam have concluded a comprehensive strategic partnership that should open the way to billions of dollars worth of additional trade, and cooperation in fields such as science, technology and digital, as…more

Exports, Imports, Supply Chain, Trade Relations, Vietnam

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Planning to Implement eSignatures in your business in Mexico? First read this

Although electronic signatures are valid in Mexico since the year 2000, due to COVID-19, their use has become more widespread. …more

Contract Drafting, Contract Formation, Coronavirus/COVID-19, E-Signatures, Mexico

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Public consultation on cloud services - Spain

The Spanish National Markets and Competition Commission (CNMC), the authority in charge of supervision and control of competition and DSA coordinator, has published a public consultation on cloud services. The Consultation…more

Cloud Computing, Competition, Public Consultations, Spain

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The Spanish insurance sector in the light of the COVID-19 pandemic

1. Introduction - As from the second week of March 2020, we have witnessed the publication of several laws that seek to address the significant challenges posed by the (health, economic and social) crisis caused by the…more

Commercial Insurance Policies, Consumer Insurance Products, Contract Terms, Coronavirus/COVID-19, Insurance Claims

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Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2017

FTC takes another look at merger remedies - On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to…more

Africa, Anti-Monopoly, Antitrust Provisions, Best Practices, Cartels

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Modificada la normativa reguladora de las evaluaciones de impacto ambiental

El pasado 14 de junio se ha publicado en el BOE el Real Decreto 445/2023, de 13 de junio, por el que se modifican los anexos i, ii y iii de la ley 21/2013, de 9 de diciembre, de evaluación ambiental, anexos relativos a aquellos…more

Environmental Assessments, Environmental Impact Statements, Hydropower, Renewable Energy, Spain

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Global Accountants' Liability Update – October 2021

A company that specialized in the design and production of optical instruments (hereafter: the Company) hired an accounting firm and a tax consultancy firm (hereinafter: the Accountants) to prepare its annual accounts between…more

Accountant Malpractice, Accountants, Accounting, Accounting Standards, Audits

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Catalonian Government regulation for industrial and commercial leases affected by COVID-19 restrictions

Last November 18, 2020, the validation of Decree-law 34/2020, of 20 October, was published. This Decree-law has an important impact on industrial and commercial leases as it may allow tenants to request rent reductions or to…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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OMB overhauls regulations for federal grants and cooperative agreements

The U.S. Office of Management and Budget (OMB) has released its long-awaited “Guidance for Federal Financial Assistance” to revise the regulations previously known as the OMB Uniform Guidance. With Federal grant funding…more

Federal Contractors, Federal Funding, Federal Grants, Funding Opportunities, OMB

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EU Class Action Update - Progress in France, Germany, Italy, the Netherlands, Poland and Spain

By 25 December 2022, all EU Member States were expected to have adopted and published, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2020/1828 on representative actions for the…more

Class Action, Collective Actions, Collective Redress, EU, Member State

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SGX Sustainable Fixed Income Initiative

The Singapore Stock Exchange (“SGX”) has recently launched the SGX Sustainable Fixed Income Initiative (“SFI Initiative”). The SFI Initiative aims to accredit wholesale and fixed income securities listed on the SGX that meet…more

Capital Markets, Corporate Issuers, Foreign Corporations, Investors, Listing Rules

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EU: MiFIR Amendments prohibiting Payment for Order Flow (PFOF) entered into force on 28 March 2024

On 8 March 2024, the final consolidated revised Markets in Financial Instruments Regulation (MiFIR) (Regulation (EU) 2024/791) and Markets in Financial Instruments Directive (MiFID II) (Directive (EU) 2024/790) texts were…more

EU, Financial Markets, MiFID II, MiFIR

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FDA issues new policy for evaluating impact of viral mutations on COVID-19 tests

The U.S. Food and Drug Administration (FDA) has issued new guidance for COVID-19 test developers to evaluate the impact of emerging and future viral mutations on COVID-19 tests. The SARS-CoV-2 virus has mutated over time,…more

Coronavirus/COVID-19, Diagnostic Tests, Emergency Use Authorization (EUA), Food and Drug Administration (FDA), Infectious Diseases

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New FTC plan for a possible government shutdown would shut down reportable mergers and acquisitions

In late January 2024, the Federal Trade Commission (“FTC”) released an updated operating plan in the event Congress does not pass a funding bill and the government shuts down. In a dramatic departure from prior practice, the FTC…more

Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, Premerger Notifications, Threshold Requirements

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COVID-19 in Poland: Tax alert no.1

In anticipation of the draft government shield package for entrepreneurs, we present below the tools resulting from applicable regulations that you can use already today to eliminate the negative economic effects of the spread…more

Coronavirus/COVID-19, Poland, Taxation

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The African single market takes a step forward as the African Continental Free Trade Area Agreement becomes a reality

Gambia paves the way for the entry into force of the largest free trade zone in the world. On 2 April 2019, Gambia became the 22nd country to ratify the African Continental Free Trade Area ("AfCFTA") Agreement, which is now…more

Africa, Free Trade Agreements, Gambia, Investor Protection, Trade Policy

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PSR publishes two calls for views on APP scams and consumer protection in interbank payments

The PSR is seeking views on potentially far ranging measures which aim to reduce authorised push payment (APP) fraud and improve protection for victims. Alongside this it is looking at increasing consumer protection in interbank…more

Infrastructure, Payment Services Directive, Payment Systems, Payment Systems Regulator (PSR), Regulatory Agenda

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COVID-19: Federal Reserve Board to publish CARES Act borrower information. Does more oversight follow?

On April 23, the Federal Reserve Board vowed to report information every month regarding the participants of lending and liquidity facilities it has established under the Coronavirus Aid, Relief, and Economic Security Act…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Financial Stimulus

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Final NEPA rule and its consequences

On 16 July, the Council on Environmental Quality (CEQ) published its National Environmental Policy Act (NEPA) final rule, which largely shadows the proposed NEPA rule that was published in January of this year. As discussed in…more

CEQ, Environmental Policies, Infrastructure, NEPA, Regulatory Oversight

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NJ WARN amendments will become effective April 10, 2023

On January 10, 2023, New Jersey Governor Phil Murphy signed Assembly Bill No. 4768, allowing significant amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN) to take effect on April 10, 2023, 90…more

Employer Liability Issues, Hiring & Firing, Lay-Offs, New Jersey, State Labor Laws

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Resolving disputes arising out of supply chain disruption in Nigeria's oil and gas market

In this hoganlovells.com interview, Hogan Lovells counsel Jerome Finnis discusses how disparate factors, such as force majeure events and changes in law, can provoke disruptions in Nigeria’s oil and gas supply chain. He also…more

Acquisitions, Arbitration, Contract Terms, Force Majeure Clause, Foreign Investment

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Italian Tax Bonus Decree: what's new on the Superbonus scheme

Through the conversion of Law Decree No. 39/2024 into Law No. 67 of 23 May 2024 (the "Tax Bonus Decree"), the Parliament has now approved a number of restrictions substantially limiting the benefits of the so-called Superbonus…more

International Tax Issues, Italy, Tax Liability, Tax Planning

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Gesetzesentwurf zur Einführung von Eletronischen Wertpapieren

Nachdem das Bundesministerium der Justiz und für Verbraucherschutz und das Bundesministerium der Finanzen mit dem Diskussionspapier "Eckpunkte für die regulatorische Behandlung von elektronischen Wertpapieren und Krypto-Token..…more

Blockchain, Capital Markets, Cryptocurrency, Debt Instruments, EU

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COVID-19 IP update: Intellectual Property Office developments (UK & EPO updated)

EPO - **By way of an update, on 29 July 2020 the EPO has decided to postpone all oral proceedings in examination and opposition proceedings scheduled until 31 December 2020 (previous date was 14 September 2020) unless they…more

Administrative Proceedings, EPO, EU, Intellectual Property Protection, UK

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Cuban Assets Control Regulations amendments further restrict travel and trade

The Cuban Assets Control Regulations have been amended to prohibit U.S. persons from lodging at certain properties in Cuba, incorporate restrictions on imports of Cuban alcohol and tobacco, and revoke general licenses…more

Cuba, Cuban Assets Control Regulations (CACR), Economic Sanctions, Foreign Policy, General Licenses

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U.S.: New federal strategy to develop zero-emission infrastructure along freight corridors

On March 12, 2024, the federal government released the first-ever National Zero-Emission Freight Corridor Strategy (the “Strategy”), prioritizing investments, planning, and deployment for medium- and heavy-duty vehicle charging…more

Carbon Emissions, Department of Energy (DOE), Department of Transportation (DOT), Environmental Protection Agency (EPA), Infrastructure

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White House Summit highlights nuclear developments and announces new nuclear initiatives

On May 29, 2024, the White House hosted a Summit on Domestic Nuclear Deployment, highlighting key points of progress being made across the public and private sectors, and announcing a number of new initiatives…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Nuclear Power

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Hogan Lovells Living Mobility Spotlight Q&A series

What is Living Mobility? It is easier to say what it is not. The automotive industry is no longer focused on the traditional vehicle. Not only are the vehicles changing but we are now focused on mobility: different modes of…more

Automation Systems, Automotive Industry, Charging Stations, Connected Cars, Driverless Cars

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FTC calls out consumer protection and competition intersections in Copyright Office AI proceeding

The U.S. Federal Trade Commission (FTC) staked out its role in policing the potential competition and consumer protection implications of generative AI technologies’ use of copyrighted materials in comments submitted in the U.S…more

Artificial Intelligence, Competition, Copyright, Federal Trade Commission (FTC), Intellectual Property Protection

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Data Privacy Framework: Redress mechanisms for EU individuals get a boost with new EDPB resources

On 24 April 2024, the European Data Protection Board ("EDPB") released a set of guidance documents and template complaint forms to facilitate the implementation of the redress mechanisms corresponding to the EU-U.S. Data Privacy…more

Court of Justice of the European Union (CJEU), Data Privacy, Data Protection, EU, International Data Transfers

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Q1 2022 Quarterly Corporate / M&A decisions updates

Below is our Corporate / M&A decisions update covering decisions in the first quarter of 2022. This update is designed to highlight selected important M&A, corporate, and commercial court decisions on a quarterly basis…more

Acquisitions, Delaware General Corporation Law, Entire Fairness Standard, Material Adverse Effects, Merger Agreements

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GMCQ: Global Media, Technology and Communications Quarterly - Spring 2018

AI technologies present a variety of commercial opportunities and the potential to change our daily lives. At the same time, there are many legal, policy, commercial and strategic challenges that need to be considered across…more

Acquisitions, Artificial Intelligence, Blockchain, Broadband, Cloud Computing

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GMCQ: Global Media, Technology and Communications Quarterly – Spring/Summer 2020

COVID-19 and IT service provider contracts: A checklist for force majeure events - The COVID-19 pandemic, and the various restrictions that have been implemented in response to it, are causing extraordinary business…more

China, Contract Terms, Coronavirus/COVID-19, Deep Fake, Force Majeure Clause

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Foreign Subsidies under EU scrutiny: a revolution that will impact foreign undertakings active in the EU

The new EU Foreign Subsidies Regulation, which appears to mirror the substantive EU State aid principles set out in Article 107 (1) of the Treaty on the Functioning of the European Union (“TFEU”) and entered into force on 12…more

Competition, EU, European Commission, Foreign Direct Investment, Foreign Investment

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Silicon Valley Bank (SVB) and Signature Bank Collapses: Your legal and regulatory FAQs answered - Last updated March 15 @ 10:10 am

Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on Friday, March 10, 2023, by the California Department of Financial Protection and Innovation, which appointed the Federal Deposit Insurance Corporation (FDIC)…more

Banking Sector, Deposit Insurance, Depository Institutions, FDIC, Financial Crisis

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Reducing antitrust risk of collaborations during the COVID-19 pandemic

The COVID-19 pandemic has affected U.S. health care in an unprecedented way, requiring hospitals, providers, and suppliers to collaborate to respond to the urgency of the crisis. The situation has also put pressure on companies…more

Antitrust Provisions, Collaboration, Competition, Coronavirus/COVID-19, Defense Production Act

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Italy-Africa Conference, Mattei Plan: over €5 bln to enhance collaboration with African countries

Following the conversion of Law Decree No. 161 of 15 November 2023, known as the Mattei Plan, which occurred on 11 January 2024, the Italian Government hosted in Rome the Italy-Africa Conference, revealing key facts of the…more

Energy Projects, Energy Sector, Infrastructure, Renewable Energy

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UK Utilities regulation: a brave new world?

The UK Government has formally fired the starting gun on the refresh of its approach to economic regulation of the utilities sectors.  This: Since the UK left the EU, leveraging the flexibility in policy development that has…more

Critical Infrastructure Sectors, Innovation, Investor-Owned Utilities, Regulatory Reform, Regulatory Standards

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FDA reviews New Era of Smarter Food Safety accomplishments

The U.S. Food and Drug Administration (FDA) recently issued a review of work done over the last year in advancing its New Era of Smarter Food Safety (New Era) Blueprint, which was released in July 2020. In a corresponding FDA…more

Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Food Supply, Foreign Suppliers

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FCA final Consumer Duty rules and guidance published: time for firms to put the pedal to the metal

With the publication of the final rules there is now only a year to go before firms must comply with their Consumer Duty obligations. The FCA has emphasised that this must be a major cultural shift. While it’s good news that the…more

Banking Sector, Consumer Financial Contracts, Duty of Care, Financial Conduct Authority (FCA), Financial Services Industry

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Foreign Investment in Australia: what you need to know

What you need to know Under Australia’s foreign investment regime, certain types of investments by foreign private investors or foreign government investors need to be notified to, and reviewed and a statement of no objection is…more

Acquisitions, Australia, Critical Infrastructure Sectors, FIRB, Foreign Acquisitions

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E-Commerce Law in Dubai

Federal Decree E-Commerce Law No (14) of 2023 on Trading by Modern Means of Technology (the "E-Commerce Law") came into effect in September 2023, replacing the preceding E-Commerce Law of 2006 and reflecting the growth of the…more

Artificial Intelligence, E-Commerce, Online Platforms, United Arab Emirates (UAE)

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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Global Accountants’ Liability Update – July 2020

Certified public accountants are among those who may benefit from a mechanism announced by the Hong Kong government in May 2020 to exempt certain inbound travelers from compulsory quarantine. The exemption is provided under s…more

Accounting Standards, Coronavirus/COVID-19, CPAs, Financial Reporting, Hong Kong

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With a New Year, Brings a New Rate . . . The Transition from LIBOR Is Now Here

In March 2021, the Financial Conduct Authority (FCA) and the ICE Benchmark Administration, the administrator of LIBOR, announced that sterling, euro, Swiss franc and Japanese yen LIBOR panels, as well as panels for one-week and…more

Banking Sector, Debt Instruments, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry

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Highlights of new SEC rules on climate-related disclosures

On March 6, 2024, the U.S. Securities and Exchange Commission adopted its highly anticipated rules requiring climate-related disclosures. The final rules represent a significantly less burdensome set of rules than those proposed…more

Climate Change, Corporate Governance, Disclosure Requirements, Final Rules, Greenhouse Gas Emissions

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New packaging rules will soon become law across the EU – consider the implications for your brand

The EU Packaging and Packaging Waste Regulation (PPWR) is about to come into force and will significantly change packaging laws across the EU. The aim of the legislation is to eliminate packaging waste by ensuring that all…more

Corporate Counsel, EU, Manufacturers, Product Packaging, Recycling

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Global Real Estate - What's coming up in 2024?

After all of the macro-economic and geo-political turbulence and challenges of 2023, what can we expect in 2024 - are we seeing reasons for optimism when we consider the Real Estate market on a global scale? What’s in store for…more

Germany, Interest Rates, Investors, Italy, Real Estate Market

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FDA signals potential shift toward interchangeability for all biosimilars

The U.S. Food and Drug Administration (FDA) recently released a podcast on biosimilars, featuring Dr. Sarah Yim, director of FDA’s Office of Therapeutic Biologics and Biosimilars (OTBB), that seems to indicate a potential move…more

Biologics, Biosimilars, BPCIA, Food and Drug Administration (FDA), Life Sciences

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Key considerations in negotiating generative AI agreements

This article explores certain key differences that should be taken into consideration when negotiating for the use of generative AI software platforms, compared to more traditional software offerings. For the sake of providing…more

Algorithms, Artificial Intelligence, Machine Learning, SaaS, Software Developers

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Italy revolutionizes the Influencer Marketing landscape

On January 16 the Italian Authority for Communications Guarantees (AGCOM) published new guidelines on influencer marketing, marking a significant shift for influencers by imposing new obligations…more

Advertising, Copyright, Italy, Social Media

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Establishment of a business in the United Kingdom by a foreign corporation

This note describes in outline the laws and taxes which currently apply to a foreign corporation establishing a business operation in the United Kingdom and the administrative requirements which need to be observed once the…more

Board of Directors, Business Entities, Foreign Corporations, Shareholders, UK

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Mexico's new intellectual property laws: Upcoming changes for famous and well-known trademarks

As covered in our earlier article, the Mexican government approved and published a new Intellectual Property Law (IPL), which will come into force on 5 November, 2020. …more

Confidential Information, Corporate Counsel, Foreign Commerce, Intellectual Property Protection, Mexico

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AI in German Employment – Navigating the AI Act, GDPR, and National Legislation

Employers around the world are increasingly using artificial intelligence (AI) to optimize many facets of their business operations, ranging from screening job applications and assigning tasks in real time to evaluating employee…more

Artificial Intelligence, Court of Justice of the European Union (CJEU), Cybersecurity, Data Privacy, Data Protection

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Konzernzusagen zur betrieblichen Altersversorgung

Leistungen der betrieblichen Altersversorgung gewährt der Arbeitgeber als Versorgungsschuldner. Wenn aber die betriebliche Altersversorgung durch Konzernbetriebsvereinbarung geregelt ist, sollen nach Ansicht das…more

Employee Benefits, Germany, International Labor Laws, Pension Schemes, Pensions

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SEC rule amendments require proxy disclosure of executive pay versus performance - SEC Update

On August 25, the SEC adopted rule amendments that require registrants to disclose, in proxy or information statements in which executive compensation disclosure is required, information showing the relationship between…more

Amended Rules, Director Compensation, Disclosure Requirements, Executive Compensation, Pay-for-Performance

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COVID-19 - Modification to the disruption of the business basis in commercial lease law planned

German government plans to qualify usage restrictions due to state Covid-19-related measures as a disruption of the business basis of lease agreements. On 13 December 2020, the Federal Government and the Minister Presidents of…more

Business Interruption, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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NOM-029-SE-2021 Prácticas/Requisitos para la Prestación del Servicio de Tiempo Compartido

El pasado 28 de marzo del 2022 se publicó en el Diario Oficial de la Federación, la Norma Oficial Mexicana denominada “NOM-029-SE-2021 Prácticas Comerciales-Requisitos Informativos para la Prestación del Servicio de Tiempo…more

Mexico, Real Estate Investments, Real Estate Market, Real Estate Transactions, Timeshare

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HMRC 2: 1 debtor - English Court refuses to sanction Nasmyth’s restructuring plan cramming down HMRC

Following active opposition by HMRC, on 28 April 2023 the English High Court (Mr Justice Leech) refused to sanction a restructuring plan under Part 26A of the Companies Act 2006 between Nasmyth Group Limited (“Nasmyth”) and five…more

Creditors, Debtors, HMRC, Restructuring

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SEC staff issues important guidance on shareholder proposals for the 2020 proxy season

On October 16 the SEC's Division of Corporation Finance issued Staff Legal Bulletin No. 14K (CF) (SLB 14K) to provide updated guidance on the application of the "ordinary business" exception to a company's obligation under…more

Corporate Governance, New Guidance, No-Action Requests, Ordinary Business Exception, Proof of Ownership

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White House issues executive order on access to US sensitive personal data by countries of concern

The Biden Administration has issued an executive order to curtail access by China, Russia, and other countries of concern to Americans’ sensitive personal data. The Department of Justice and other agencies are tasked to take…more

Cybersecurity, Data Privacy, Data Protection, Department of Justice (DOJ), Executive Orders

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Land of opportunity – why Australian investors are being drawn to the United States

Billions of dollars worldwide are pouring into the transition to green energy, no more so than in the United States (U.S.) where new legislation is providing a powerful stimulus. For Australian investors, the opportunity to…more

Foreign Investment, Inflation Reduction Act (IRA), Infrastructure Investment and Jobs Act (IIJA), Investors

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FDA under fire: Pared-down LDT Final Rule leaves unanswered questions

The U.S. Food and Drug Administration (FDA) has finalized its historic — and notoriously controversial — rule to explicitly assert the agency’s authority to regulate laboratory developed tests (LDTs). Below we summarize the most…more

Clinical Trials, Final Rules, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry

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Three reasons why you might consider not to opt-out your patents from the UPC system

We recently discussed under which circumstances it might be advisable to declare an opt-out for existing European patents. However, there may be also good reasons not to declare an opt-out for your existing European patents…more

EU, Intellectual Property Protection, Opt-Outs, Patent Infringement, Patents

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All eyes on Africa – nurturing talent for the next wave of growth

An online recruitment platform is changing the hiring landscape across the African continent in staffing for much needed infrastructure and energy projects. Victor Thien, founder and managing director of afringa, tells us how…more

Africa, Digital Platforms, Hiring & Firing, Job Applicants, Recruitment Policies

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“Hamburger Brauch" hoch zwei – UVE bedarf zur Ausräumung der Wiederholungsgefahr keiner konkret bezifferten Vertragsstrafe

Im Falle des Verstoßes gegen eine erste strafbewehrte Unterlassungs- und Verpflichtungserklärung (UVE) nach sogenanntem "Hamburger Brauch", d.h. ohne konkret bezifferte Vertragsstrafe, kann nach einer kürzlich ergangenen…more

Cease and Desist Orders, Germany, Intellectual Property Litigation, Intellectual Property Protection, Trademark Infringement

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COVID-19 and emergency inventions

As the spread of COVID-19 accelerates across the globe, everyone wants to find a way to tackle the pandemic, from Governments asking manufacturers to urgently make vital equipment to inventors creating innovative solutions…more

3D Printing, Compulsory Licenses, Coronavirus/COVID-19, EU, Exclusive Licenses

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Global Accountants’ Liability Update – May 2020

Recent court decisions - Germany - Cum/Ex-trades spark litigation - So called Cum/Ex-trades have become one of the hottest legal topics in Germany. A flood of claims dealing with those trades has reached German civil,…more

Accounting, Accounting Standards, Auditors, Audits, Business Disruption

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Obligaciones Patronales durante la Jornada Electoral

En el marco de las próximas elecciones del 2 de junio, queremos recordarles la importancia de cumplir con las obligaciones patronales establecidas en la Ley Federal del Trabajo para garantizar que todos los trabajadores puedan…more

Employer Liability Issues, International Labor Laws, Mexico, Voting Rights, Wage and Hour

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Coronavirus Aviation sector update - March 2020

Since its discovery in December 2019, the novel coronavirus that causes the disease COVID-19 has disrupted global business activity and public life on a massive and growing scale. And no one knows how long these disruptions will…more

Aircraft, Airlines, Aviation Industry, Business Interruption, China

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How the UK intends to reform data protection law

On 17 June 2022, the UK government published its refined plans for reforming UK data protection law, following a detailed consultation exercise undertaken last year. The proposals form part of wider changes to the UK regulatory…more

Corporate Counsel, Cybersecurity, Data Protection, General Data Protection Regulation (GDPR), International Data Transfers

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The False Claims Act Guide: 2021 and the road ahead

In the latest edition of our False Claims Act Guide: 2021 and the road ahead, we analyze the key developments from 2021 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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Recent changes to the UAE legal landscape: March 2022

The United Arab Emirates (UAE), which has made significant updates to its laws governing commercial activity in recent years, has again revised and refined the statutory landscape for companies in the country. The issuance of a…more

Capital Gains Tax, Commercial Companies Law, Corporate Taxes, Foreign Investment, Ministry of Finance

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Brexit: the impact on supplementary protection certificates (SPCs)

On 6 February 2019 the House of Commons and House of Lords approved The Patents (Amendment) (EU Exit) Regulations 2018 (Patent SI), which, if it is signed into law, will come into force on Brexit day (i.e. 29 March 2019 or such…more

Biotechnology, EU, Intellectual Property Protection, Marketing, Member State

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New German restructuring law finally comes into force

As reported earlier, a new corporate restructuring law will be enacted in Germany. The new law's centerpiece will be the so-called stabilization and restructuring framework ("SRF")…more

Commercial Bankruptcy, Coronavirus/COVID-19, Debtors-in-Possession, EU, Germany

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COVID-19 IP update: impact on litigation (UPDATED)

Netherlands - Proceedings on the merits in the Netherlands are continuing as normal as possible. This means that new cases can be filed and the exchange of written submissions continues as usual. Oral hearings are for the…more

Administrative Proceedings, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU), Deadlines, Infringement

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Die ewige Abgrenzungsfrage - Freelancer oder Arbeitnehmer?

Viele Unternehmen setzen Fremdpersonal ein, um beispielsweise Auftragsspitzen abzudecken. Doch die Beschäftigung von freien Mitarbeitern (auch Freelancer genannt) ist mit zahlreichen Herausforderungen und Risiken verbunden. Wenn…more

Employee Definition, Employer Liability Issues, Freelance Workers, Germany, Gig Economy

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Artificial intelligence in the insurance sector: fundamental right impact assessments

The new AI Act establishes an obligation for the deployers of certain high-risk AI systems to conduct a “fundamental rights impact assessment” (“FRIA”). This will have a high impact on insurance companies that use AI systems for…more

Artificial Intelligence, Data Protection, Impact Assessments, Insurance Industry, Personal Data

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Top Ten Expected Planning Changes

With the new year now here, we look at ten key planning changes which are due in 2017: 1. Housing White Paper- This was expected today, but we understand that its publication will be pushed back and there have been rumours…more

Affordable Housing, Dispute Resolution, Infrastructure, Neighborhood Revitalization, Residential Real Estate Market

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Is national security a game changer for European foreign investment reviews and M&A transactions?

Governments all over the world are continuing to take steps to strengthen their powers to intervene in foreign direct investments ("FDI") into their countries. These changes come at a time of increased scrutiny of foreign…more

Critical Infrastructure Sectors, EU, Foreign Acquisitions, Foreign Direct Investment, Foreign Investment

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DOJ issues rare FCPA advisory opinion regarding the extortion exception

On January 21, 2022, the Department of Justice (“DOJ”) issued a Foreign Corrupt Practices Act (“FCPA”) Opinion Procedure Release (the “OPR” or “OPR 22-01”) addressing the rarely discussed extortion exception to the FCPA’s…more

Advisory Opinions, Anti-Bribery, Anti-Corruption, Bribery, Corruption

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Beyond Earth’s Gravity: Navigating legal hurdles in space-based drug research and development

Innovative technologies are reshaping every industry, presenting new business cases and changing our daily lives. These technologies are hyper-connecting the world and offering new ways to interact. Particularly in the Space and…more

Funding, Intellectual Property Protection, Outer Space, Research and Development, Satellites

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STPS publica Programa de Verificación Laboral Voluntaria

La Secretaría de Trabajo y Previsión Social crea el Programa de Verificación Laboral Voluntaria para que los patrones declaren el nivel de cumplimiento de obligaciones laborales. El 1 de noviembre del 2021, la Secretaría de…more

Employer Liability Issues, Employment Policies, Health and Safety, International Labor Laws, Mexico

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Se elimina la obligación de las personas trabajadoras de entregar el parte de baja médica a su empleador

A partir del próximo 1 de abril de 2023, las personas trabajadoras en situación de incapacidad temporal dentro de los primeros 365 días de duración no tendrán la obligación de entregar en su empresa el parte de baja médica que…more

Disability, Employee Benefits, Medical Leave, Mexico, Wage and Hour

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The UK's new health data strategy

On 13 June 2022, the Department of Health and Social Care released its new Strategy for the use of health and social care data in the UK (Data saves lives: reshaping health and social care with data), which should be read in…more

Data Protection, Health Care Providers, Life Sciences, Personal Data, Telehealth

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Juez otorga suspensión provisional contra Reforma Minera

El Juzgado de Distrito Décimo Sexto del Primer Circuito, concedió una suspensión provisional a quejosa, con el fin de que no le sea aplicada la Reforma Minera en su totalidad…more

Mexico, Mining, Water

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FDI - A global perspective

During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments…more

Acquisitions, CFIUS, Foreign Investment, Mergers, National Security

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Hogan Lovells Living Mobility Spotlight Q&A series

What is Living Mobility? It is easier to say what it is not. The automotive industry is no longer focused on the traditional vehicle. Not only are the vehicles changing but we are now focused on mobility: different modes of…more

Automation Systems, Automotive Industry, Charging Stations, Connected Cars, Driverless Cars

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With a New Year, Brings a New Rate . . . The Transition from LIBOR Is Now Here

In March 2021, the Financial Conduct Authority (FCA) and the ICE Benchmark Administration, the administrator of LIBOR, announced that sterling, euro, Swiss franc and Japanese yen LIBOR panels, as well as panels for one-week and…more

Banking Sector, Debt Instruments, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry

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U.S. Departments of Energy and the Treasury issue final EV credit rules under the IRA

Newly issued final EV tax credit rules largely stick to proposed rules with some flexibility on graphite through end of ’26, clarifications on FEOC definitions that could be significant. On May 3, 2024 the Department of the…more

Automotive Industry, Department of Energy (DOE), Electric Vehicles, Inflation Reduction Act (IRA), Tax Credits

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Recent developments in ESG shareholder activism around the world and suggestions for risk mitigation

Shareholder activism has always been a relevant issue for companies, but in recent years a new variety has emerged and taken hold in the form of ESG shareholder activism. In detail, the approaches and impact of ESG campaigns…more

Corporate Governance, Data Breach, Fiduciary Duty, Securities and Exchange Commission (SEC), Shareholder Activism

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Atención Donatarias Vigencia Y Renovación De Autorización Para Recibir Donativos

El 18 de octubre de 2023, se publicó en el Diario Oficial de la Federación la Séptima Resolución de Modificaciones a la Resolución Miscelánea Fiscal para 2023 y sus Anexos 3 y 23. En esta Resolución de Modificaciones, entre…more

Donations, Income Taxes, Mexico, Tax Deductions

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As the entry into force draws near, we look into the new non-possessory pledge in Italian law

In 2016 Italy introduced new forms of security, including a pledge on movable goods which would not require physical delivery to the creditor, but would take effect by way of registration in a central repository held by the tax…more

Banking Sector, Due Diligence, Financial Institutions, Financial Services Industry, Italy

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Russian Sustainable Finance Regulations finally in place

The Russian Federation has taken its first steps towards implementing global sustainable development principles by adopting the Decree of the Russian Government No. 1587 dated 21 September 2021 "On approving criteria for…more

Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Green Bonds, Popular

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Artificial Intelligence: World First Rules Are Coming Soon – Are You Ready? (Part 2)

Nowadays, artificial intelligence (“AI”) is all around us. Previously, we took a look at the approaches being proposed to regulate AI at a pan-EU level and in the UK. In this part 2 article, we take a look at what mandatory…more

Algorithms, Artificial Intelligence, CNIL, Food and Drug Administration (FDA), Machine Learning

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First Spanish ruling on the existence of a PE due to teleworking during and after COVID-19 lockdown

The Spanish Tax Authorities ("STA") have issued the first ruling analysing the existence of a permanent establishment ("PE") in Spain due to an employee who worked from home during and after the COVID-19 lockdown. In this…more

Corporate Taxes, International Tax Issues, OECD, Remote Working, Tax Authority

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German court exercises universal jurisdiction: Implications for corporate criminal liability under international law

On 24 February 2021, the Higher Regional Court (Oberlandesgericht) of Koblenz sentenced a former Syrian secret police officer to a prison term of four and a half years for aiding and abetting crimes against humanity (judgment of…more

Criminal Liability, Criminal Prosecution, EU, Germany, International Jurisdiction

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Summary of key U.S. and EU regulatory developments relating to securitization transactions

Overview - Numerous regulatory developments were enacted or proposed in the United States and the European Union in response to the financial crisis. Although some of the proposed changes are still in the process of being…more

Alternative Investment Fund Managers Directive (AIFMD), Capital Markets, Capital Requirements Regulation (CRR), CRA, CRD IV Directive

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The Commerce Department expands and clarifies the controls in the October 2023 Semiconductor Rules

The Department of Commerce’s Bureau of Industry and Security published an interim final rule to expand, correct, and clarify the two interim final rules published on October 25, 2023 with respect to semiconductor manufacturing…more

Bureau of Industry and Security (BIS), ECCNs, Export Controls, Exports, Interim Final Rules (IFR)

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Key takeaways from the Automotive Finance Webinar and Client Roundtable

On 16 November 2022, Hogan Lovells hosted an Automotive Finance webinar and client roundtable, discussing recent developments and future trends in automotive finance. The event featured a key note speech from Jochen Gehrke…more

Automotive Industry, Capital Markets, Electric Vehicles, Financial Markets, Investment

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Standard Essential Patent Update – August 2019

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United…more

5G Network, Anticompetitive Behavior, Antitrust Provisions, Blackberry, China

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Third Circuit: crime-fraud exception can apply to attorney-client privilege in sham-litigation case

In a ruling with significant implications for companies facing sham-litigation claims, such as those that can arise in the Hatch-Waxman context for pharmaceutical manufacturers, the Third Circuit recently refused to vacate a…more

Attorney-Client Privilege, Crime-Fraud Exception, Discovery, Fraud

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Real Estate Horizons: The Power of the Brand

Real Estate Horizons is a snapshot of key legal topics and market trends across the globe. This post higlights the importance of IP rights in this sector. With property developments increasingly focusing on experience and…more

Corporate Branding, Cybersecurity, Energy Efficiency, EU, Intellectual Property Protection

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How to draft for concurrent delay wherever your projects are

A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer…more

Appeals, Breach of Contract, Construction Contracts, Construction Industry, Construction Litigation

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Abschluss der Koalitionsverhand-lungen – Erste Übersicht über die Vorhaben im Arbeitsrecht

SPD, FDP und Grüne haben eine Einigung über den Koalitionsvertrag erzielt. Das am Mittwoch, den 24. November 2021 veröffentlichte Regelwerk bekennt sich zu einem modernen, sozialen und nachhaltigen Staat und enthält konkrete…more

Employer Liability Issues, Germany, International Labor Laws, Labor Reform, Labor Regulations

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Center for Clinical Trial Innovation furthers FDA’s diversity goals, rare disease drug development - Pilot program offers opportunity for enhanced interaction with FDA

The U.S. Food and Drug Administration (FDA) has announced the establishment of the “Center for Drug Evaluation (CDER) Center for Clinical Trial Innovation” (C3TI). C3TI is intended to be a “central hub” within CDER aimed at…more

Clinical Trials, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry, Prescription Drugs

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Make Europe safe again – European Commission proposes more coordination on EU dual-use export controls

The European Commission presented the European Economic Security Package ("EESP"), a toolkit to ramp-up European action in investment, trade and research in the face of rising geopolitical tensions, geo-economic fragmentation…more

Dual Use Goods, EU, European Commission, Export Controls, Foreign Direct Investment

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EU Member States on notice - insufficient DSA implementation

The European Commission is pushing for the implementation and enforcement of the Digital Service Act (DSA). It is now taking action against six Member States that failed to appropriately establish their national authorities, the…more

Digital Services, EU, European Commission, Member State, Online Platforms

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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Construction arbitration: How to use innovation to increase efficiency

Constants of construction arbitrations include, notably, their complexity and the continued criticism of being too expensive and slow. When it comes to innovations, the construction industry should consider increasing the use of…more

Arbitration, Construction Contracts, Construction Disputes, Construction Project, Contract Disputes

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Trademark Insight 05/2023 – European Union & Germany // Country Focus - Italy

Dear Readers, We are pleased to introduce an innovation in this issue of TRADEMARK INSIGHT: In response to many suggestions, in each issue, after the usual summaries of German and European trademark case law, we will put a…more

EU, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Italy, Trademark Application

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Key takeaways from the 40th ACI International Conference on the FCPA

Last week at the 40th American Conference Institute (ACI) International Conference on the FCPA, government enforcement agencies such as the Department of Justice (DOJ), Securities and Exchange Commission (SEC), and UK Serious…more

Anti-Bribery, Anti-Corruption, Bribery, Corruption, Department of Justice (DOJ)

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Thinking ahead: Distressed M&A in uncertain times

Almost a decade into the current bull market, many economic prognosticators are warning of a coming downturn. At the same time, political upheaval and uncertainty around the world is changing the landscape for cross-border…more

Acquisition Agreements, Aerospace, Business Development, CFIUS, Commercial Bankruptcy

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FCA Alert: Medical judgment can be "false" under False Claims Act

For the second time in as many weeks, a federal appellate court has held that a doctor’s medical judgment can be “false.” Two weeks ago, the Sixth Circuit reversed a judgment that had acquitted a cardiologist charged with…more

Appeals, False Claims Act (FCA), Healthcare Fraud, Medical Examinations, Reversal

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UK Take-Privates funded by Private Credit

The provision of leveraged financing to help fund the acquisition of listed companies into sponsor-backed private ownership (“P2Ps”) is a well-trodden path…more

Acquisitions, Debt Financing, Leveraged Finance, p2p, Private Equity

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Key insights from the 2024 ABA White Collar Conference

The 2024 American Bar Association White Collar Crime conference delivered crucial insights from artificial intelligence’s tantalizing promise to its looming threats, a focus on individual accountability, repercussions for repeat…more

American Bar Association (ABA), CFTC, Corporate Crimes, Corporate Misconduct, Securities and Exchange Commission (SEC)

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Effects of Covid-19 on facility agreements under German Law

We give an overview of the possible effects of the corona crisis on existing facility agreements under German law if borrowers get into financial difficulties due to the crisis…more

BaFin, Borrowers, Contract Terms, Coronavirus/COVID-19, Credit Facilities

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Shots fired – AG Opinion supports enforcement of record EU ‘gun-jumping’ fine

An EU Advocate General has advised that an appeal brought by Altice should be dismissed in its entirety – in effect confirming the validity of a 2018 European Commission decision imposing a record fine on Altice for breaching EU…more

Acquisitions, Competition, Corporate Counsel, Court of Justice of the European Union (CJEU), European Commission

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What you need to know about the revised ICC Rules

Following the recent trend of periodic incremental updates to the arbitral rules of major institutions, the International Chamber of Commerce (ICC) has published the draft text of its revised 2021 Arbitration Rules. The…more

Arbitration, Arbitration Agreements, Arbitration Awards, Case Consolidation, Case Management

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The return of earmarks: Community Project Funding approved by both parties in the House

Last month House Appropriations Chair Rosa DeLauro (D-CT-03) unveiled a proposal to return to congressional directed spending (i.e., earmarks) in what is being called “Community Project Funding.”…more

Community Development, Disclosure Requirements, Federal Funding, Legislative Agendas, Project Finance

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How COVID-19 is impacting ADG M&A

Special series focused on the impact of the COVID-19 pandemic on the Aerospace, Defense, and Government Services industry - While fundamentals remain healthy for much of the government market because of dedicated spending…more

Acquisition Agreements, Aerospace, Coronavirus/COVID-19, Defense Sector, Material Adverse Effects

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HHS seeks comment by June 6 on recognized security practices as mitigating factor in HIPAA enforcement

The US Department of Health Human Services (HHS) is seeking public comments about the appropriate role of “recognized security practices” in enforcement of the HIPAA Security Rule. Congress, through an amendment to the HITECH…more

Cybersecurity, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HITECH Act

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False Claims Act: 2018 and the road ahead

The pace of False Claims Act (FCA) litigation remained furious over the past year. Companies (and individuals) in all sectors of the economy continue to face the ever-present threat of FCA enforcement whenever they do business…more

Department of Justice (DOJ), Digital Realty Trust Inc v Somers, Enforcement Actions, False Claims Act (FCA), False Implied Certification Theory

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Nuevo criterio para asignación de Certificados de Energías Limpias correspondientes al 2022.

Se publica el Acuerdo No. A/007/2024 de la Comisión Reguladora de Energía por el que se establece el criterio para la asignación de Certificados de Energías Limpias disponibles en la cuenta de la Comisión, correspondientes al…more

Clean Energy, Energy Sector, Mexico, Renewable Energy

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‘The American Jobs Plan’: Biden Administration unveils $2 trillion proposal for infrastructure

On March 31, the Administration unveiled its long-awaited infrastructure proposal from the President’s Build Back Better Plan. The American Jobs Plan will impact a multitude of industries and the economy in seven key policy…more

Biden Administration, Broadband, Budget Reconciliation, Clean Energy, Climate Change

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Doing Business in Germany: Consumer Sector

Germany should not be a blank spot on your company map. Located at the center of Continental Europe, it is the world’s fourth biggest economy and the home of some of the biggest companies in the world. It plays a key role in the…more

Antitrust Provisions, Arbitration, Class Action, Competition, Cross-Border Transactions

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

See all updates »

Legal confusion on essentially derived varieties must be cleared up for the sake of innovation - Green light to gene-editing plants risks uncertainty and increasing disputes

As gene editing techniques come to the fore in the UK and elsewhere, industry increasingly needs clarity on the breeder's exception to plant variety rights. Originally published on IAM media.com on May 2022…more

Bioengineering, Biotechnology, Genetic Markers, Genetic Materials, Genetic Testing

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Financial Institutions Horizons 2021

Financial Institutions Horizons is a snapshot of key legal topics and market trends across the globe, shaping the future of the financial institutions market. When we conceived the Horizons series in 2018, the financial…more

Biden Administration, China, Coronavirus/COVID-19, Cybersecurity, Financial Institutions

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The use of IVDs as CDx in pharmaceutical clinical trials - Pathways for legacy companion diagnostic IVDs, IVD performance studies, and in-house IVDs

The current European legislation for in vitro diagnostic medical devices (IVD) (Regulation 2017/746 or the IVDR) has created challenges not only for IVD manufacturers but also for pharmaceutical companies…more

Clinical Trials, Life Sciences, Pharmaceutical Industry, Research and Development

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European Parliament adopts CS3D: New ESG litigation risks in the supply chain

The EU is implementing new regulations to hold companies liable for human rights and environmental violations within the global supply chain. On 24 April 2024, the European Parliament passed the Corporate Sustainability Due…more

Damages, Human Rights, Supply Chain, Sustainability

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Second Circuit confirms: No discovery for private international arbitrations

The Second Circuit confirmed this week that within the circuit, parties may not ask federal courts to order discovery for use in private arbitrations. The Second Circuit's ruling, In re Application and Petition of Hanwei Guo,…more

28 U.S.C. § 1782, Discovery, Discovery Disputes, Evidence, Foreign Tribunals

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Insurance businesses in a low interest rate environment

The Supervisory Statement released by the European Insurance and Occupational Pensions Authority (EIOPA) on Wednesday, 18 March is a timely reminder of the potential negative side effects of low or negative interest rates on…more

EIOPA, EU, Insurance Industry, Regulatory Oversight

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HHS finalizes changes to Section 1557 regulations strengthening anti-discrimination protections

On April 26, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) finalized updates to regulations implementing Section 1557 of the…more

Affordable Care Act, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance, Non-Discrimination Rules

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Fifth Circuit upholds injunction against borrower defense and closed school loan discharge rules

On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden…more

Borrower Defense Rule, Dischargeable Debts, Educational Institutions, Student Loans, Students

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SBA Loans and Government Economic Relief Programs – Responses to COVID-19

The economic disruptions caused by the virus have had and will continue to have a disproportionate impact on U.S. small businesses and non-profit organizations…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, Relief Measures, SBA

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Autonomes Fahren – Neue Verordnung konkretisiert Produkthaftung, Produzentenhaftung und weitere Aspekte

Die Bundesregierung hat am 23. Februar 2022 die "Verordnung zur Regelung des Betriebs von Kraftfahrzeugen mit automatisierter und autonomer Fahrfunktion und zur Änderung straßenverkehrsrechtlicher Vorschriften" ("Verordnung")…more

Automated Transportation, Automotive Industry, Connected Cars, Driverless Cars, Germany

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Competition law in Spain: What to expect in the current economic recovery phase

The COVID-19 pandemic has manifested itself with particular virulence in Spain. Its direct effects, as well as those resulting from the extreme lockdown measures adopted to contain its spread, have caused businesses to an…more

Antitrust Provisions, Business Disruption, Collaboration, Competition, Cooperation Agreement

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China finalizes its Provisions to Promote and Regulate Cross-Border Data Transfers

On 22 March, 2024, the Cyberspace Administration of China (“CAC”) finalized its Provisions to Promote and Regulate Cross-Border Data Transfers (“Final Provisions”).  The Final Provisions were long anticipated following a public…more

China, Cybersecurity, Data Privacy, Data Protection, Data Security

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Oral arguments suggest hesitancy from SCOTUS to agree with the Seventh Circuit on SuperValu FCA case

On April 18, 2023, the U.S. Supreme Court (SCOTUS) heard oral argument in the most significant False Claims Act (FCA) case to reach the Court in recent years. The Court is examining the scienter requirement in the FCA –…more

False Claims Act (FCA), Health Care Providers, Oral Argument, SCOTUS, Universal Health Services Inc v United States ex rel Escobar

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The Spanish Government adopts legislative package to ease mortgage burden

The Spanish Government has approved a legislative package to alleviate the mortgage burden for vulnerable households or those at risk of vulnerability due to the increase in the Euribor. This catalogue of measures allows…more

Consumer Financial Products, Debtors, Financial Institutions, Financial Services Industry, Mortgage Lenders

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Protocol for the use of technology in international arbitration hearings - Version 2.0

The use of technology in international arbitration has continued to increase over the years, and in 2020 the international arbitration community used technology to help overcome various challenges to the adjudication of…more

Arbitration, Arbitration Agreements, Cybersecurity, Data Protection, International Arbitration

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Life Sciences and Health Care Horizons - 2021

Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all –…more

Biotechnology, Clinical Trials, Coronavirus/COVID-19, Cybersecurity, Digital Health

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Public consultation on cloud services - Spain

The Spanish National Markets and Competition Commission (CNMC), the authority in charge of supervision and control of competition and DSA coordinator, has published a public consultation on cloud services. The Consultation…more

Cloud Computing, Competition, Public Consultations, Spain

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Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience to…more

Banking Sector, Blockchain, Cryptocurrency, Environmental Social & Governance (ESG), EU

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Germany takes the lead with a new law on autonomous driving and update

German lawmakers have approved a new law on autonomous driving that intends to bring “autonomous vehicles” at SAE Level 4 into regular operation as soon as 2022. By this legislative move, Germany aims to get the edge and take…more

Artificial Intelligence, Automation Systems, Automotive Industry, Data Privacy, Data Protection

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Russian personal data law amended to address publicly available data and fines

March 2021 brought two significant amendments to Russia’s Personal Data Law: one related to processing of publicly available personal data, and another increasing fines for violations of various data privacy requirements. This…more

Data Privacy, Data Protection, Fines, Legislative Agendas, Personal Data

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COVID-19 Report for Life Sciences and Health Care Companies (UPDATED)

In Tuesday's Report: Moderna announces vaccine efficacy, Fauci concerned about presidential transition, testing labs raise supply chain alarm, impact of COVID-19 on insolvency and arbitration in the U.K., and a podcast on IVDs…more

Arbitration, Biden Administration, Coronavirus/COVID-19, Dr. Anthony Fauci, Emergency Use Authorization (EUA)

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Coronavirus Aviation sector update - March 2020

Since its discovery in December 2019, the novel coronavirus that causes the disease COVID-19 has disrupted global business activity and public life on a massive and growing scale. And no one knows how long these disruptions will…more

Aircraft, Airlines, Aviation Industry, Business Interruption, China

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A review of MAC Clauses in a COVID-19 Climate in Japan (UPDATED)

Considerations when reviewing your MAC Clause in a COVID-19 Climate - As was the case after the global financial crisis in 2008 and Japan's triple disaster in 2011,companies are turning their minds to their potential exposure…more

Contract Drafting, Contract Negotiations, Contract Terms, Coronavirus/COVID-19, Infectious Diseases

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Wird es jetzt kalt im Betrieb? – Mit Vollgas Energiekosten sparen

Angesichts der Energiekrise und drohenden Gasengpässen dürften Unternehmen sich die Frage stellen, wie im betrieblichen Ablauf Energiekosten eingespart werden können und welche Maßnahmen sie im Fall von Betriebsstörungen…more

Employer Liability Issues, Energy Costs, Germany, Health and Safety, Workplace Hazards

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[Webinar] NFTs: token gesture or the future for growth of premium Consumer brands? - March 2nd, 9:00 am - 10:00 am EST

Welcome to our 2022 Consumer Horizons webinar series. Our sessions this year will continue to explore the issues that challenge the consumer sector as well as the opportunities that are emerging as a result of rapid…more

Blockchain, Brand, Continuing Legal Education, Fashion Branding, Fashion Industry

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Les amendements au Règlement du CIRDI sont entrés en vigueur le 1er juillet 2022

Adopté par le Conseil administratif du CIRDI le 21 mars 2022, le nouveau Règlement du CIRDI (le « Règlement ») est entré en vigueur le 1er juillet 2022, avec l’objectif d’"une rationalisation des procédures pour permettre un…more

Arbitration, Commercial Arbitration, Dispute Resolution, Foreign Investment, ICSID

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Budget speech 2020

The 2020 Budget was presented by Minister Tito Mboweni before parliament on 26 February 2020. The tax proposals for the 2020 Budget aim to support a recovery in economic growth, with some relief at the level of personal income…more

Budgets, Contribution Limits, Excise Tax, Fuel Tax, Income Taxes

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UK Real Estate ESG Update

2024 continues to deliver waves of ESG-related news, updates and developments. In this latest ESG Update Robert Gowing considers the challenges inherent in the planning system when it comes to adapting or upgrading heritage…more

Environmental Social & Governance (ESG), Landlords, Leases, Real Estate Market, Sustainability

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EPA finalizes the most stringent vehicle emission standards ever for model years 2027-2032

On April 18, 2024, the Environmental Protection Agency (EPA) published the final rule for “Multi-Pollutant Emission Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles” originally issued March 20, 2024. …more

Carbon Emissions, Electric Vehicles, Environmental Protection Agency (EPA), Final Rules, Greenhouse Gas Emissions

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New packaging rules will soon become law across the EU – consider the implications for your brand

The EU Packaging and Packaging Waste Regulation (PPWR) is about to come into force and will significantly change packaging laws across the EU. The aim of the legislation is to eliminate packaging waste by ensuring that all…more

Corporate Counsel, EU, Manufacturers, Product Packaging, Recycling

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FDA Releases Revised Appendix 1 and Introduction to Hazard Analysis and Preventive Controls Draft Guidance

The U.S. Food and Drug Administration (FDA) recently released an update of its multi-chapter draft guidance, “Hazard Analysis and Risk-Based Preventive Controls for Human Food: Draft Guidance for Industry” (PCHF Draft Guidance),…more

Draft Guidance, Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Food Supply

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Decreto por el que se expide el Código Nacional de Procedimientos Civiles y Familiares - México

Hoy se publicó en el Diario Oficial de la Federación el Decreto por el que se expide el Código Nacional de Procedimientos Civiles y Familiares (“CNPCF”). El CNPCF abrogará los códigos de procedimientos civiles y familiares que…more

Collective Actions, Commercial Bankruptcy, Commercial Litigation, Judicial Proceedings, Mexico

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New ECHR judgments lead the way for future climate protection lawsuits

Three rulings of the European Court of Human Rights given on 9 April 2024 have set the global tone for climate protection actions before national courts. The Court found that Article 8 of the European Convention on Human Rights…more

Climate Change, EU, European Court of Human Rights, Greenhouse Gas Emissions, Human Rights

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Actualités Législatives et Réglementaires – Mai 2022

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de mai 2022. Ces Actualités législatives et…more

Capital Markets, Competition, EU, France, Insurance Industry

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Auditors’ liability – English case casts doubt on effectiveness of disclaimers in negligence actions

A recent English case may cause concern amongst Hong Kong auditors hoping to protect themselves from liability towards third parties by the inclusion of standard disclaimer wording in their engagement agreements. The decision –…more

Auditors, Audits, Duty of Care, Negligence, UK

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COVID-19 and emergency inventions

As the spread of COVID-19 accelerates across the globe, everyone wants to find a way to tackle the pandemic, from Governments asking manufacturers to urgently make vital equipment to inventors creating innovative solutions…more

3D Printing, Compulsory Licenses, Coronavirus/COVID-19, EU, Exclusive Licenses

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Nuovi limiti alle cessioni dei crediti ACE e superbonus con il “Decreto-Legge Superbonus” (D.L. n. 39 del 29 marzo 2024)

In data 29 marzo 2024 è stato approvato il decreto-legge n. 39 che introduce misure urgenti in materia di agevolazioni fiscali in ambito edilizio e di efficienza energetica prevedendo, tra l’altro: (i) con riferimento ai c.d…more

Construction Industry, Energy Efficiency, Italy, Tax Benefits

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Consumer Duty: navigating the Consumer Understanding Outcome

Under the new Consumer Understanding Outcome, firms in scope of the Consumer Duty must support retail customer understanding so that all communications meet the information needs of retail customers; are likely to be understood…more

Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry, UK

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Nigeria Open For Business

On 11 April 2018, Hogan Lovells International LLP hosted the High Commissioner of Nigeria to the United Kingdom, Ambassador Adesola Oguntade CFR, CON at its London office. Ambassador Oguntade, a retired Justice of the Supreme…more

Africa, Arbitration Agreements, Business Development, Foreign Investment, Infrastructure

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Crypto news: Italy launches two public consultations on draft decrees on MICAR and TFR

The Italian Ministry of Economy and Finance (MEF) opened two public consultations to receive feedback on the draft decrees adapting Italian rules to Regulation (EU) 2023/1114 on markets in crypto-assets (MiCAR) and Regulation…more

Cryptoassets, Cryptocurrency, Digital Assets, Italy

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DOJ sets forth new incentives for companies to self-disclose and cooperate

On January 17, 2023, the Department of Justice (DOJ) rolled out revisions to its Corporate Enforcement Policy (CEP) aimed at incentivizing companies to voluntarily self-disclose misconduct and to cooperate with government…more

Compliance, Corruption, Department of Justice (DOJ), Enforcement Actions, Enforcement Guidance

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Agencies issue guidance on delayed SEC reporting of material cybersecurity incidents - SEC Update

Since December 18, 2023 public companies other than smaller reporting companies are required to report a cybersecurity incident under Item 1.05 of Form 8-K within four business days after the company determines the incident is…more

Cyber Incident Reporting, Cybersecurity, Department of Justice (DOJ), Disclosure Requirements, Form 8-K

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Insolvenzen von Pflegeheimbetreibern – was passiert mit Oma, dem Miet-/Pachtverhältnis und dem Betrieb?

In den letzten Wochen haben in Deutschland zwei größere Betreiber der stationären Pflege und von betreutem Wohnen Insolvenz angemeldet. Auch wenn dies aus unserer Sicht nur Einzelfälle sind und kein Krankheitssyndrom der…more

Commercial Bankruptcy, Germany, Insolvency, Leases, Long Term Care Facilities

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FDA AI & Medical Products Paper advocates for a tailored risk-based regulatory framework

The Food and Drug Administration’s (FDA’s) Center for Biologics Evaluation and Research (CBER), Center for Drug Evaluation and Research (CDER), Center for Devices and Radiological Health (CDRH), and Office of Combination…more

Artificial Intelligence, CDRH, Center for Biologics Evaluation and Research (CBER), Center for Drug Evaluation and Research (CDER), Clinical Trials

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Life Sciences and Health Care Horizons - 2021

Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all –…more

Biotechnology, Clinical Trials, Coronavirus/COVID-19, Cybersecurity, Digital Health

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NRC Takes the Next Step in its Consideration of Environmental Justice

On September 27, the NRC held a public meeting where it invited speakers to present on their experience with environmental justice (EJ) issues and also to hear recommendations on the agency’s approach when reevaluating how to…more

Energy Sector, Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA), NEPA

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The collective bargaining role on agile work in Italy

On 7 December 2021, the Italian Government and the social partners (main employers’ associations and main national unions: hereinafter, the “Social Partners”) signed the National Protocol on Agile Working (“smart working”)…more

Collective Bargaining, Employer Liability Issues, International Labor Laws, Italy, Wage and Hour

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Private equity – Navigating manager exits and management incentives in challenging times

This article discusses the key issues to be considered where a senior executive’s employment is to be terminated and the management incentive plan needs a reset, all in the context of operating in times of economic stress. This…more

Incentive Compensation, Investment, Investors, Portfolio Companies, Private Equity

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The Coronavirus Aid, Relief, and Economic Security Act: Significant Provisions for Employers

On March 27, 2020, the President signed into law a massive two trillion dollar stimulus bill addressing a wide range of challenges to our economy caused by the coronavirus (“COVID-19”) pandemic. …more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Financial Stimulus

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New Release: Insurance Horizons Brochure 2021

The global pandemic brought a wave of changes and developments that have impacted, and continue to impact, the insurance sector. As we look ahead, we see further change on the horizon. Around the world, we continue to deal…more

Acquisitions, Business Interruption, Coronavirus/COVID-19, Corporate Governance, Environmental Social & Governance (ESG)

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Artificial intelligence – machine or real contractual partner?

The rapid development of artificial intelligence (AI) and systems that act autonomously is constantly leading to new areas of use, business models, and opportunities to add value. The systems in question do not only follow rigid…more

Artificial Intelligence, Chemicals, Industrial Sector, Manufacturers

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Environmental Law in Germany - Our Expertise

Environmental law covers a range of legal areas which are often of crucial importance for investment projects in approval procedures under emissions control law and sectoral planning law or in other legal fields. The main…more

Carbon Emissions, Climate Change, Conservation, Environmental Policies, Germany

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Digital Assets and Blockchain: 2023 Key Trends

2023 has been a defining year for digital assets and blockchain, with a number of jurisdictions publishing new regulatory frameworks, cementing the importance of digital assets and blockchain into legislation. As the digital…more

Blockchain, Cryptocurrency, Digital Assets, Digital Currency, Virtual Currency

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Polish capacity market mechanism

Increasing demand for energy supply, mothballing, phasing out old inefficient power units, and the electricity shortages experienced in the summer of 2015 in Poland these are some of the reasons why Poland has introduced the…more

Energy Market, Energy Sector, Energy Storage, Poland

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FDA advises on RWE non-interventional study use as evidence of effectiveness or safety

Today, the U.S. Food and Drug Administration (FDA) published the draft guidance “Real-World Evidence: Considerations Regarding Non-Interventional Studies for Drug and Biological Products,” which provides recommendations to…more

Biologics, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry, Prescription Drugs

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Italy revolutionizes the Influencer Marketing landscape

On January 16 the Italian Authority for Communications Guarantees (AGCOM) published new guidelines on influencer marketing, marking a significant shift for influencers by imposing new obligations…more

Advertising, Copyright, Italy, Social Media

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Presumption of resignation for abandonment of position: clarification by decree and the Ministry of Labor

Our social team briefly reviews the publication of the decree on the presumption of resignation for abandonment of position, which allows the entry into force of the system in France, as well as the clarifications provided by…more

Employment Policies, France, International Labor Laws, Labor Relations, Ministry of Labour

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Blue Bell Creameries Enters into Negotiated Agreements with the Department of Justice to Resolve Investigations Related to Listeria Contamination in Ice Cream

On May 1, 2020, Blue Bell Creameries L.P. (Blue Bell) and the U.S. Department of Justice (DOJ) entered into two separate agreements related to the 2015 listeriosis outbreak linked to Blue Bell ice cream. This memorandum provides…more

Blue Bell Creameries, Department of Justice (DOJ), Federal Food Drug and Cosmetic Act (FFDCA), Food Contamination, Food Manufacturers

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Russian personal data law amended to address publicly available data and fines

March 2021 brought two significant amendments to Russia’s Personal Data Law: one related to processing of publicly available personal data, and another increasing fines for violations of various data privacy requirements. This…more

Data Privacy, Data Protection, Fines, Legislative Agendas, Personal Data

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Signing of contracts concerning banking services by means of the simple electronic signature

Article 4 of Law Decree no. 23 of April 8, 2020 (the so-called "Liquidity Decree") introduces an important though temporary, innovation in terms of simplifying the procedures, for retail customers, for executing contracts…more

Banks, Consumer Contracts, Contract Drafting, Coronavirus/COVID-19, Credit Agreements

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Panelists discuss why IP lawyers should care about the IRA

We were pleased to welcome Henry Hadad of Bristol Myers Squibb, who joined Hogan Lovells partners Alice Valder Curran, Miriam Gundt, and Cullen Taylor for our recent webinar presentation on why IP lawyers should care about the…more

Drug Pricing, Inflation Reduction Act (IRA), Medicare, Patents, Prescription Drugs

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Corona Crisis and Lease Law in Germany

The Corona Crisis has hit the real estate market in general, but in particular it is impacting the retail and hospitality sectors. The scale and business relevance of the Corona Crisis is somehow unprecedented, and therefore…more

Business Interruption, Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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China's new Foreign Investment Law: the impact on financial institutions

Much has already been written about the foreign investment law which was voted into law by China's highest legislative body, the National People's Congress of the People's Republic of China, on 15 March 2019. …more

China, Corporate Governance, Cross-Border Transactions, Financial Institutions, Foreign Direct Investment

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Russian personal data law amended to address publicly available data and fines

March 2021 brought two significant amendments to Russia’s Personal Data Law: one related to processing of publicly available personal data, and another increasing fines for violations of various data privacy requirements. This…more

Data Privacy, Data Protection, Fines, Legislative Agendas, Personal Data

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Final NEPA rule and its consequences

On 16 July, the Council on Environmental Quality (CEQ) published its National Environmental Policy Act (NEPA) final rule, which largely shadows the proposed NEPA rule that was published in January of this year. As discussed in…more

CEQ, Environmental Policies, Infrastructure, NEPA, Regulatory Oversight

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The Mexico Supreme Court issues a criterion regarding the 2021 subcontracting reform and its application.

In recent days, the Mexican Supreme Court of Justice ruled on the constitutionality of the Labor Reform on Subcontracting Matters, effective as of April 2021, and issued an important precedent in this regard…more

International Labor Laws, Mexico, Ministry of Labour, Subcontractors

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Assisting you with understanding the landmark judgment in section 45 financial assistance

Section 45 of the Companies Act, 2008 , does not expressly define financial assistance but rather sets out a list of what financial assistance is which includes lending money, guaranteeing any debt or obligation, but has a…more

Financial Assistance Policies, Financial Solvency, Mergers, Shareholders, South Africa

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BVerwG setzt Ausübung des gemeindlichen Vorkaufsrechts engere Grenzen

Das BVerwG hat am 9. November 2021 über die Ausübung eines gemeindlichen Vorkaufsrechts im Geltungsbereich einer Erhaltungssatzung bzw. -verordnung in Berlin-Kreuzberg (Milieuschutzsatzung) entschieden (4 C 1.20). Dabei urteilte…more

Foreign Investment, Real Estate Investments, Real Estate Market, Real Estate Transactions, Right of First Refusal

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Actualités Législatives et Réglementaires – Avril 2024

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois d’avril 2024. Ces Actualités législatives et…more

Advertising, European Union Intellectual Property Office (EUIPO), France, Influencers, Social Media

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Finance for Restorative Justice: Using sanctions and terrorist financing legislation to fund reparations for victims of sexual violence in conflict

The 2014 Global Summit to End Sexual Violence in Conflict was hosted by former Foreign Secretary William Hague and Angelina Jolie, Special Envoy for the United Nations ("UN") High Commissioner for Refugees. It was…more

Compensation, Counter-Terrorist, Crime Victims, Economic Sanctions, Enforcement Actions

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U.S. Department of Commerce issues new resource to facilitate antiboycott compliance

On 28 March, the U.S. Commerce Department, Bureau of Industry and Security (BIS) published a list of entities that have been identified as having made a boycott-related request in order to help U.S. companies, including Federal…more

Antiboycott Requirements, Boycotts, Bureau of Industry and Security (BIS), Compliance, Office of Antiboycott Compliance (OAC)

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Documents in State of Hawaii et al v. Trump - A Challenge to President Trump’s March 6, 2017 Travel Ban

On March 7, 2017, the State of Hawaii filed a joint motion with the U.S. Government setting out a proposed briefing schedule, whereby it will file its complaint and TRO by March 8, the U.S. Government will file their Opposition…more

Amended Complaints, Briefing Schedule, Department of Homeland Security (DHS), Executive Orders, Foreign Nationals

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USDA seeks information regarding revisions to digital disclosure option for bioengineered foods

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a Request for Information (RFI) asking interested parties to submit comments regarding potential revisions to the current…more

Bioengineering, Disclosure Requirements, Food Labeling, Food Manufacturers, GMO

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2023 Doing Business in the United States

The U.S. is one of the easiest jurisdictions in the world in which to do business and continues to be the world’s top destination for foreign direct investment. Regulatory barriers are generally low, establishing a branch or…more

Board of Directors, CFIUS, Chapter 11, Chapter 7, Commercial Bankruptcy

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Court rules for PhRMA in challenge to Oregon drug price transparency law

On February 16, 2024, the U.S. District Court for the District of Oregon issued a ruling in Pharmaceutical Research and Manufacturers of America (PhRMA) v. Stolfi, granting in part PhRMA’s motion for summary judgment in its…more

Drug Pricing, Pharmaceutical Industry, PHRMA, Prescription Drugs, Price Transparency

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Federal mental health parity proposed rules target health plans and issuers

Declaring that “too often” health plans and health insurance issuers are not complying with the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”), the U.S. Departments of Labor (“DOL”), Health and Human Services,…more

Department of Labor (DOL), Health Insurance, Mental Health, Mental Health Parity Rule, MHPAEA

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Recent developments in ESG shareholder activism around the world and suggestions for risk mitigation

Shareholder activism has always been a relevant issue for companies, but in recent years a new variety has emerged and taken hold in the form of ESG shareholder activism. In detail, the approaches and impact of ESG campaigns…more

Corporate Governance, Data Breach, Fiduciary Duty, Securities and Exchange Commission (SEC), Shareholder Activism

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New HSR and interlocking directorate thresholds announced for 2024

On January 22, 2024, the Federal Trade Commission (FTC) announced the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust…more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Interlocking Directorate

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New circuit split on evidence needed to prove a kickback renders a claim false or fraudulent

The Eighth Circuit released an opinion Tuesday in U.S. ex rel. Cairns v. D.S. Medical LLC that creates a new circuit split on the interpretation of the causation standard for establishing that a claim “resulting from” a…more

Anti-Kickback Statute, But For Causation, False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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On the greylist – what does this mean?

The Financial Action Task Force (FATF) has greylisted South Africa, along with Nigeria, for insufficient regulation of financial crimes like money laundering and terrorist financing. South Africa is the second G20 nation after…more

AML/CFT, Anti-Money Laundering, Cross-Border Transactions, FATF, Financial Institutions

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Ten Takeaways from The Student Accommodation Conference 2018

It was great to see lots of familiar faces at Property Week’s 2018 Student Accommodation Conference. There was a packed agenda with four different “streams” to choose from – and smart tech talks in the coffee breaks…more

Colleges, Construction Industry, Educational Institutions, Real Estate Development, Real Estate Market

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World Bank investigations spike and highlight integrity risks in private sector development finance

Ignoring integrity risks in emerging markets when receiving financing from the World Bank Group (WBG) is about to become much riskier, as the WBG Sanctions System Annual Report for Fiscal Year 2022 (FY22) indicates. The recent…more

Annual Reports, Bid Rigging, Collusion, Corruption, Enforcement Actions

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[Event] Winnik International Tech & Telecom Forum - November 18th, Washington, DC

Hogan Lovells is hosting the annual Winnik International Tech & Telecom Forum on Thursday, November 18, 2021. The hybrid program will offer candid insights from industry experts, senior in-house counsel, and government policy…more

Events, FCC, Internet Service Providers (ISPs), National Security, Online Platforms

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FCA final Consumer Duty rules and guidance published: time for firms to put the pedal to the metal

With the publication of the final rules there is now only a year to go before firms must comply with their Consumer Duty obligations. The FCA has emphasised that this must be a major cultural shift. While it’s good news that the…more

Banking Sector, Consumer Financial Contracts, Duty of Care, Financial Conduct Authority (FCA), Financial Services Industry

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Hotel contracts - Deferred or suspended rent due to Corona

Does the owner bear the risk in case of bankruptcy? Due to the tense situation in the hotel industry, various lessees are currently approaching their lessors asking for deferral or abatement of rent payments for the period…more

Business Interruption, Commercial Bankruptcy, Commercial Leases, Commercial Tenants, Contract Terms

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New regulations expand CFIUS' jurisdiction and mandate filings

The Department of the Treasury has released two new interim rules that (i) update existing regulations regarding the Committee on Foreign Investment in the United States (CFIUS) pursuant to the Foreign Investment Risk Review…more

CFIUS, Comment Period, Federal Pilot Programs, Filing Requirements, FIRRMA

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The UK's whistleblowing framework – are we falling behind global best practice?

The UK's whistleblowing framework – although once an example of best practice – is now lagging behind efforts, particularly in Europe, for improved whistleblowing standards and protections. There are various ongoing efforts for…more

Best Practices, Bribery, UK, Whistleblowers

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London Brands Seminar: NFTs and the Metaverse

On 16 November 2022, partners Joel Smith and Sahira Khwaja and other members of our London brands team, hosted a client seminar on the ‘Metaverse’, including a lively panel discussion with Nicola Wood, Chartered Trade Mark…more

Blockchain, Cryptocurrency, Digital Assets, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection

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Foreign Investment in Australia: what you need to know

What you need to know Under Australia’s foreign investment regime, certain types of investments by foreign private investors or foreign government investors need to be notified to, and reviewed and a statement of no objection is…more

Acquisitions, Australia, Critical Infrastructure Sectors, FIRB, Foreign Acquisitions

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Federal mental health parity proposed rules target health plans and issuers

Declaring that “too often” health plans and health insurance issuers are not complying with the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”), the U.S. Departments of Labor (“DOL”), Health and Human Services,…more

Department of Labor (DOL), Health Insurance, Mental Health, Mental Health Parity Rule, MHPAEA

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Global Accountants’ Liability Update – May 2020

Recent court decisions - Germany - Cum/Ex-trades spark litigation - So called Cum/Ex-trades have become one of the hottest legal topics in Germany. A flood of claims dealing with those trades has reached German civil,…more

Accounting, Accounting Standards, Auditors, Audits, Business Disruption

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Global Accountants’ Liability Update – May 2020

Recent court decisions - Germany - Cum/Ex-trades spark litigation - So called Cum/Ex-trades have become one of the hottest legal topics in Germany. A flood of claims dealing with those trades has reached German civil,…more

Accounting, Accounting Standards, Auditors, Audits, Business Disruption

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Data Privacy Framework: Redress mechanisms for EU individuals get a boost with new EDPB resources

On 24 April 2024, the European Data Protection Board ("EDPB") released a set of guidance documents and template complaint forms to facilitate the implementation of the redress mechanisms corresponding to the EU-U.S. Data Privacy…more

Court of Justice of the European Union (CJEU), Data Privacy, Data Protection, EU, International Data Transfers

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CJEU specifies requirements for compensation of non-material damages for breaches of the GDPR

By its much anticipated judgment of 4 May 2023, the European Court of Justice (CJEU) specified the requirements under which data subjects affected by a breach of the GDPR can claim for compensation of non-material damages under…more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Protection, e-Privacy Directive, EU

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Germany: Federal Court of Justice confirms trademark protection for color of Lindt’s “Gold Bunny”

A small hop for chocolate bunnies, a big step for Swiss chocolate manufacturer Lindt & Sprüngli: The German Federal Court of Justice held that the particular shade of golden color is protected for Lindt & Sprüngli as a color…more

Color Marks, Germany, Intellectual Property Protection, Trademark Infringement, Trademark Litigation

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Brexit planning: The UK enters into agreements with the U.S. and Switzerland to replicate existing agreements

On 18 December 2018 the UK and the U.S. signed an agreement on the prudential supervision of insurance and reinsurance companies. Shortly thereafter, on 25 January 2019, HM Treasury announced that it had signed an agreement with…more

Consumer Insurance Products, Insurance Regulations, Prudential Standards, Regulatory Oversight, Reinsurance

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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DOJ’s Consumer Protection Branch rolls out new voluntary self-disclosure policy

On March 3, 2023, the Consumer Protection Branch (CPB) of the Civil Division of the U.S. Department of Justice (DOJ) publicly released a new voluntary self-disclosure policy (“CPB VSD Policy”). The CPB VSD Policy seeks to…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Federal Food Drug and Cosmetic Act (FFDCA)

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An overview of the impact of Mexico's new Electric Power Industry Law on foreign investors operating in the power sector in Mexico

Disputes involving statutory and regulatory changes are traditionally subject to litigation before local courts or local administrative bodies. Nonetheless, international investment arbitration offers foreign investors an…more

Arbitration, Competition, Foreign Investment, Infrastructure, Mexico

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Third time lucky? 1.5% UK stamp tax vs “Brexit 3.0” - update

Draft UK legislation was previously published proposing to remove the 1.5% stamp tax charge on issues, and certain transfers, of securities to depositary receipt systems and clearance services (or their nominees) currently…more

Capital Markets, Corporate Taxes, Stamp Taxes, UK

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Does an arbitration agreement protect a debtor from the threat of liquidation?

In several Commonwealth jurisdictions, the corporate legislation allows creditors to petition a court to order the winding up of a debtor in circumstances where that debtor is unable to pay its debts as they fall due. Such…more

Arbitration, Arbitration Agreements, Debtors, Insolvency, Liquidation

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Colorado becomes first U.S. state to enact broadly applicable AI law

On May 17, 2024, Colorado Governor Jared Polis signed the Colorado Artificial Intelligence (AI) Act (CAIA), the first broadly scoped U.S. AI law. Similar to the EU AI Act, the CAIA takes a risk-based approach and focuses on…more

Algorithms, Artificial Intelligence, Innovative Technology, Machine Learning, Personal Data

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New FTC plan for a possible government shutdown would shut down reportable mergers and acquisitions

In late January 2024, the Federal Trade Commission (“FTC”) released an updated operating plan in the event Congress does not pass a funding bill and the government shuts down. In a dramatic departure from prior practice, the FTC…more

Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, Premerger Notifications, Threshold Requirements

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2021 securities, shareholder, and M&A litigation outlook - April 2021

One year ago, when we were finalizing our outlook for 2020, the world was in the early throes of the COVID-19 pandemic. While we anticipated that 2021 would bring many new challenges, few, if any, of us predicted at the time…more

Business Litigation, Coronavirus/COVID-19, Corporate Governance, Corporate Sales Transactions, Forum Selection

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Staples on LP stake sales in secondaries

It is now no longer uncommon that as a condition to approving the transfer of a limited partner ("LP") interest in a private fund, the general partner ("GP") of such fund may seek a stapled primary commitment to its newest…more

Investment, Investors, Limited Partnerships, Private Funds

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Data centres and ESG article series: what to look out for when building and investing in data centres in the UK in 2024

As part of the UK's ambition to become a Science and Tech superpower by 2030, the government has confirmed its commitment to help unlock opportunities for data driven businesses to scale up and to scale up fast. This scaling up…more

Data Centers, Environmental Social & Governance (ESG), Investment, Investors, Sustainability

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Restructuring & Special Situations 2022 Year in Review Key insolvency decisions in Hong Kong and the People’s Republic of China

2022 has been a year which has seen significant developments in court-led corporate rescue and insolvency law reform in Hong Kong. In light of the lingering COVID19 pandemic, it was all the more important that the Hong Kong…more

China, Commercial Bankruptcy, Corporate Restructuring, Cross-Border, Debt Restructuring

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COP26: Business gets serious about climate change

As COP26 gets under way this week, it’s heartening to note that increasingly,corporates and investors are stepping forward to play their part in fighting climate change. If we are to keep a temperature rise of 1.5 degrees within…more

Climate Change, COP, Energy Sector, Environmental Policies, Financial Institutions

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Welche Aufklärungspflichten treffen den Verkäufer einer Immobilie im Rahmen einer Käufer-Due-Diligence?

Immobilienverkäufer sind nach dem Urteil des Bundesgerichtshofs vom 15. September 2023 – V ZR 77/22 verpflichtet, Kaufinteressenten auf kurz vor Vertragsschluss in einem Datenraum bereitgestellte Dokumente und deren Bedeutung…more

Disclosure Requirements, Due Diligence, Germany, Purchase Agreement

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Moving in unity – Hong Kong court does away with deed of contribution requirement in sanctioning guarantor's scheme

In Re Unity Group Holdings International Ltd [2022] HKCFI 3419, the Hong Kong court has for the first time sanctioned a scheme of arrangement that releases debts of third-party obligors that were guaranteed by the scheme company…more

Affiliates, Bank Guarantees, Corporate Restructuring, Creditors, Hong Kong

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Japan: Revisions to the Trademark Examination Manual

The Japan Patent Office (JPO) announced in March that some revisions would be made to the Trademark Examination Manual on 2 April, 2018. Main points of the revision are as follows: Among these four, the first will have the…more

Intellectual Property Protection, International Trademark Protection, Japan, JPO, Trademark Application

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European Parliament adopts CS3D: New ESG litigation risks in the supply chain

The EU is implementing new regulations to hold companies liable for human rights and environmental violations within the global supply chain. On 24 April 2024, the European Parliament passed the Corporate Sustainability Due…more

Damages, Human Rights, Supply Chain, Sustainability

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Actualités Législatives et Réglementaires – Février 2024

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de février 2024. Ces Actualités législatives et…more

EU, European Patent Office, European Union Intellectual Property Office (EUIPO), Film Industry, Intellectual Property Protection

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Q2 2023 Quarterly Corporate / M&A decisions updates

This quarter we are covering some key court decisions regarding securities and corporate governance issues. The U.S. Supreme Court reaffirmed a majority of lower court decisions to require traceability in defining the term “such…more

Acquisitions, Breach of Duty, Derivative Suit, Fiduciary Duty, Mergers

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Statute of limitations extended for violations of U.S. sanctions

Congress has doubled the statute of limitations for violations of most U.S. sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control.  Companies should be aware of the…more

Bureau of Industry and Security (BIS), Department of Justice (DOJ), Economic Sanctions, International Emergency Economic Powers Act (IEEPA), Office of Foreign Assets Control (OFAC)

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FinCEN proposes expanding Bank Secrecy Act requirements to certain investment advisers

On February 13, 2024, U.S. Department of the Treasury’s Financial Crimes Enforcement Network issued a Notice of Proposed Rulemaking seeking to expand the Bank Secrecy Act’s definition of “financial institution” to include…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Financial Institutions, FinCEN

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UK Class Action certification

In the UK, since 2015, there has been a statutory class action regime allowing full opt-out or opt-in class actions for claim for breach of competition law. Competition claims require approval (or certification) before…more

Class Action, Class Certification, Collective Actions, Competition, Corporate Counsel

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Unpacking Germany´s recently published key issues paper on a law for less packaging waste and more multi use

At the end of June, the German Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (Bundesministerium für Umwelt, Naturschutz, nukleare Sicherheit und Verbraucherschutz – “BMUV”)…more

Germany, Manufacturers, Product Packaging, Recycling, Waste Management

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Sovereign investment in the sports industry

Investors active in the sports industry have reaped high rewards across the globe in recent years. These investors include sovereign investors willing to enter the game and capitalize on the strong financial performance, unique…more

Brand, Debt Financing, Foreign Ownership, Franchises, Investment

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2023 securities, shareholder, and M&A litigation outlook - April 2023

In this past year, we saw an uptick in in-person court proceedings as the effects of the pandemic subsided, a decrease in pandemic-related litigation, and a return to many of the core issues facing Delaware companies operating…more

Acquisitions, Caremark claim, Cybersecurity, Delaware General Corporation Law, Derivative Suit

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Environmental Law in Germany - Our Expertise

Environmental law covers a range of legal areas which are often of crucial importance for investment projects in approval procedures under emissions control law and sectoral planning law or in other legal fields. The main…more

Carbon Emissions, Climate Change, Conservation, Environmental Policies, Germany

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Geheimsprache entschlüsselt: Erfolgreich und schnell zum rechtssicheren Arbeitszeugnis

Kaum ein Bereich der arbeitsrechtlichen Praxis ist so sehr von einzelnen Gerichtsentscheidungen geprägt, wie der des qualifizierten Arbeitszeugnisses. Von der Nichtzulässigkeit eines tabellarischen Zeugnisses, über die…more

Employee References, Employer Liability Issues, Germany, International Labor Laws

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Gesetzesentwurf zur Einführung von Eletronischen Wertpapieren

Nachdem das Bundesministerium der Justiz und für Verbraucherschutz und das Bundesministerium der Finanzen mit dem Diskussionspapier "Eckpunkte für die regulatorische Behandlung von elektronischen Wertpapieren und Krypto-Token..…more

Blockchain, Capital Markets, Cryptocurrency, Debt Instruments, EU

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SEC proposes expansive climate-related disclosure rules - SEC Update

On March 21, in one of its most significant rulemakings in recent years, the Securities and Exchange Commission proposed rules that would require public companies to provide investors with extensive, consistent, and comparable…more

Climate Change, Comment Period, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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DOJ lays out per se theory of liability for price fixing using algorithms

In recent court filings and public comments, the Department of Justice Antitrust Division (“DOJ” or “the Division”) has stated that price fixing using algorithmic software is per se illegal under the antitrust laws. These…more

Algorithms, Antitrust Division, Department of Justice (DOJ), Per Se Rule, Price-Fixing

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FERC changes the game for the natural gas pipeline industry

At the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) meeting held on February 17, 2022, FERC announced sweeping changes to its guidance for the certificate process for interstate natural gas pipeline…more

Energy Projects, Energy Sector, Environmental Justice, FERC, Natural Gas

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The EU Late Payment Regulation – unintended consequences for structured finance transactions?

The European Commission published a proposal for a regulation on combating late payment in commercial transactions last year which will introduce new rules, including that payments have to be made within 30 days, albeit with…more

Banking Sector, EU, Fees, Securitization, Small and Medium-Sized Enterprises (SMEs)

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Data breach response liability: Jury finds defendant not negligent for response to data breach

In a first of its kind trial, a defendant accused of negligently responding to a data breach was cleared of all liability by a jury last month. After two hours of deliberation, the jury rejected plaintiff’s claim that the…more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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U.S. device makers get 2 years to comply with FDA Quality Management System Regulations final rule

The U.S. Food and Drug Administration (FDA) published its long-awaited final rule to amend the Quality System Regulation’s (QSR’s) current good manufacturing practice (CGMP) requirements for medical devices. The final rule aims…more

FDA Approval, Food and Drug Administration (FDA), Life Sciences, Manufacturers, Medical Devices

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2021 securities, shareholder, and M&A litigation outlook - April 2021

One year ago, when we were finalizing our outlook for 2020, the world was in the early throes of the COVID-19 pandemic. While we anticipated that 2021 would bring many new challenges, few, if any, of us predicted at the time…more

Business Litigation, Coronavirus/COVID-19, Corporate Governance, Corporate Sales Transactions, Forum Selection

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Blue Bell Creameries Enters into Negotiated Agreements with the Department of Justice to Resolve Investigations Related to Listeria Contamination in Ice Cream

On May 1, 2020, Blue Bell Creameries L.P. (Blue Bell) and the U.S. Department of Justice (DOJ) entered into two separate agreements related to the 2015 listeriosis outbreak linked to Blue Bell ice cream. This memorandum provides…more

Blue Bell Creameries, Department of Justice (DOJ), Federal Food Drug and Cosmetic Act (FFDCA), Food Contamination, Food Manufacturers

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EU: White paper "How to master Europe's digital infrastructure needs?"

The European Commission published on 21 February 2024 a white paper named "How to master Europe's digital infrastructure needs?" which launches a public consultation on 12 scenarios setting out the European Commission's ideas…more

5G Network, Digital Single Market, EU, European Commission, Infrastructure

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COVID-19: Daily Report for Life Sciences and Health Care Companies (UPDATED)

The Daily Report is a compilation of COVID-19 (coronavirus) news briefs from around the world to help life sciences and health care companies stay current in this challenging time. …more

Collaboration, Coronavirus/COVID-19, Defense Production Act, EU, Federal Trade Commission (FTC)

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Obligaciones Patronales durante la Jornada Electoral

En el marco de las próximas elecciones del 2 de junio, queremos recordarles la importancia de cumplir con las obligaciones patronales establecidas en la Ley Federal del Trabajo para garantizar que todos los trabajadores puedan…more

Employer Liability Issues, International Labor Laws, Mexico, Voting Rights, Wage and Hour

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Update: EU Industrial Emissions Directive Revision: Final compromise agreed

On December 15, 2023, the Permanent Representatives Committee gave its final approval to the compromise text of the revised Industrial Emissions Directive (“IED”). As of now, the political compromise is provisional, pending…more

Drinking Water, Environmental Policies, EU, Pollution Control, Water

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Nouveautés sur les travailleurs de plateforme, les engagements unilatéraux et la conciliation prud’hommale.

Notre équipe sociale fait le point sur les actualités du mois d’avril : de l’adoption de la directive sur les travailleurs de plateforme, au rappel de la cour de cassation sur la fin des engagements unilatéraux à durée…more

Employer Liability Issues, France, International Labor Laws, Non-Compete Agreements

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EU: MiFIR Amendments prohibiting Payment for Order Flow (PFOF) entered into force on 28 March 2024

On 8 March 2024, the final consolidated revised Markets in Financial Instruments Regulation (MiFIR) (Regulation (EU) 2024/791) and Markets in Financial Instruments Directive (MiFID II) (Directive (EU) 2024/790) texts were…more

EU, Financial Markets, MiFID II, MiFIR

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EU-Richtlinienvorschlag zur Harmonisierung des Insolvenzrechts

Nach der Implementierung des StaRUG-Verfahrens in 2021 zeichnet sich abermalig die Einführung eines neuen sanierungsrechtlichen Verfahrens ab. Auch wenn der europäische Gesetzgebungsprozess sich noch in einem frühen Stadium…more

Creditors, Debtors, Germany, Insolvency

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Cutting red tape: China joins Apostille Convention, simplifying recognition of foreign documents

Today, the 1961 Hague Apostille Convention enters into force in China. The Convention aims to abolish the requirement of legalization of foreign official documents, replacing it with the issuance of a single apostille by one or…more

Apostille, China, Cross-Border Transactions, Hague Convention, International Litigation

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Environmental Law in Germany - Our Expertise

Environmental law covers a range of legal areas which are often of crucial importance for investment projects in approval procedures under emissions control law and sectoral planning law or in other legal fields. The main…more

Carbon Emissions, Climate Change, Conservation, Environmental Policies, Germany

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Foreign Subsidies under EU scrutiny: a revolution that will impact foreign undertakings active in the EU

The new EU Foreign Subsidies Regulation, which appears to mirror the substantive EU State aid principles set out in Article 107 (1) of the Treaty on the Functioning of the European Union (“TFEU”) and entered into force on 12…more

Competition, EU, European Commission, Foreign Direct Investment, Foreign Investment

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New and improved? Corporate liability for corruption in Malaysia

SEA View, Article XV: May 2021 - Section 17A of the Malaysian Anti-Corruption Commission Act raises the possibility of corporate liability for corruption in addition to personal liability for board and senior management members…more

Anti-Corruption, Corporate Liability, Corruption, Criminal Liability, Extraterritoriality Rules

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The Arrium Proceedings – when is a company insolvent and when is a representation not a representation?

The Supreme Court of New South Wales has recently handed down its decision in proceedings (“Arrium Proceedings”) brought by a number of lenders against former officers and employees of Arrium Limited and its subsidiaries…more

Australia, Borrowers, CFOs, Duty of Care, Financial Institutions

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Advancing arbitration in Indonesia: Key changes under Supreme Court Regulation No 3 of 2023 (SCR 3/2023)

Arbitration has long been a preferred method for resolving commercial disputes in Indonesia. With the recent enactment of SCR 3/2023, significant changes have been introduced which should enhance the arbitration landscape. We…more

Arbitration, Arbitration Agreements, Arbitrators, Indonesia

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FDA finalizes guidance on “Remanufacturing” vs “Servicing”

The U.S. Food and Drug Administration (FDA) has finalized its guidance on “Remanufacturing of Medical Devices,” clarifying the point when manipulation or repair of a medical device becomes “remanufacturing” as opposed to…more

Food and Drug Administration (FDA), Life Sciences, Manufacturers, Medical Devices, Pharmaceutical Industry

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Update: public register of beneficial ownership of UK property by overseas entities

The government has published its response to the April 2017 call for evidence on proposals for a register showing who owns and controls overseas entities that own UK property or participate in UK government procurement…more

Anti-Corruption, Beneficial Owner, Foreign Entities, Real Estate Investments, Real Estate Market

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Hogan Lovells secures resounding victory for ENRC in landmark case against Dechert and SFO

In a judgment made public on 16 May 2022, the High Court has made unprecedented findings of “extraordinary” and “almost unimaginable” misconduct by ENRC’s former solicitor, Neil Gerrard, and “bad faith opportunism” by three…more

Anti-Corruption, Bribery, Corruption, Enforcement Actions, Legal Professional Privilege

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Top M&A developments in 2017 for ADG companies

We expect 2017 M&A activity in the aerospace, defense, and government services (ADG) industry sector to equal or surpass 2016 M&A activity. Although 2016 M&A activity was down both by volume and value over 2015 it was stronger…more

Aerospace, Antitrust Provisions, CFIUS, Competition, Defense Sector

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UK Upper Tribunal confirms another gap in the Telecoms Code - the problem with concurrent leases

The Upper Tribunal (Lands Chamber) (“UT”) has considered how termination and renewal provisions in the 2017 Electronic Communications Code (the “Code”) can operate when a site provider has granted a concurrent lease to a third…more

Freehold Estates, Landlords, Leaseholds, Successors, Telecommunications

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European product liability directive : going digital again

With the initiative “Adapting liability rules to the digital age and circular economy” this summer, the EU has taken another step towards a revision of the Product Liability Directive 85/374/EEC (the “Directive”). Since October…more

Artificial Intelligence, Court of Justice of the European Union (CJEU), European Commission, Medical Devices, Strict Liability

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Supreme Court’s Schutte decision: the meaning of knowledge remains elusive

On June 1, 2023, the U.S. Supreme Court issued its highly anticipated opinion in the most watched False Claims Act (FCA) case in years. The Court granted cert in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel…more

Drug Pricing, False Claims Act (FCA), Pharmaceutical Industry, Pharmacies, Prescription Drugs

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Beyond Brexit transition - The impact on corporate law and corporate transactions

Any deal is unlikely to have a significant impact on the laws which directly govern companies and transactions but dealmakers will need to understand the implications of issues such as merger control and data transfers. That…more

Corporate Sales Transactions, Transitional Arrangements, UK, UK Brexit

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Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience to…more

Banking Sector, Blockchain, Cryptocurrency, Environmental Social & Governance (ESG), EU

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The False Claims Act Guide: 2022 and the road ahead - Supreme Court to weigh in on DOJ’s dismissal authority

The Department of Justice (DOJ) dismissal authority: Supreme Court will resolve Circuit split in standard, but DOJ seems unlikely to pick more fights with relators. For nearly two decades, when DOJ invoked its authority under…more

Article II, Department of Justice (DOJ), Dismissals, False Claims Act (FCA), Qui Tam

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Same-sex marriage equality developments in Japan

On 17 March 2021, a Japanese district court ruled, for the first time in Japan, that the national government’s failure to recognise same‐sex marriage is "unconstitutional". As the Japanese legal system is a civil law system,…more

Civil Code, Constitutional Challenges, Marriage, Marriage Equality, Same-Sex Marriage

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Cross-border enforcement of judgments in Hong Kong and the PRC – a new dawn? Talking Point Asia – November 2022

A wide-ranging mechanism allowing for reciprocal enforcement of judgments in mainland China and Hong Kong has come one stage closer with the gazetting on 4 November 2022 of the Mainland Judgments in Civil and Commercial Matters…more

Arbitration, Cross-Border, Enforcement, Foreign Judgments, Hong Kong

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Let’s talk about “Return Chains” - New Sustainability Requirements under the German Packaging Act

The new requirements under the German Packaging Act (Verpackungsgesetz, VerpackG) present a challenge and an opportunity for companies that have to re-design their operational processes to comply with the new requirements. If…more

Germany, Manufacturers, Popular, Product Packaging, Recycling

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Highlights with Hogan Lovells: Bid Protest Digest | Volume V

This issue of bid protest highlights includes key takeaways from the U.S. Government Accountability Office’s (GAO) Bid Protest Annual Report to Congress for Fiscal Year 2023, as well as bid protest decisions from the U.S. Court…more

Bid Proposals, Bid Protests, Bid Solicitation, Court of Federal Claims, Federal Acquisition Regulations (FAR)

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SEC staff issues important guidance on shareholder proposals for the 2020 proxy season

On October 16 the SEC's Division of Corporation Finance issued Staff Legal Bulletin No. 14K (CF) (SLB 14K) to provide updated guidance on the application of the "ordinary business" exception to a company's obligation under…more

Corporate Governance, New Guidance, No-Action Requests, Ordinary Business Exception, Proof of Ownership

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COVID-19: Measures taken by financial supervisory authorities in certain jurisdictions - as at 15 May 2020

The current situation is fast-moving in light of the COVID-19 pandemic. Many financial supervisory and regulatory authorities as well as local governments have issued measures which are relevant for financial institutions and…more

BaFin, Basel Committee on Banking Supervision (BCBS), Capital Requirements, Coronavirus/COVID-19, European Banking Authority (EBA)

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Five key observations from the California Privacy Protection Agency's draft privacy regulations

The California Privacy Protection Agency has released draft privacy regulations as part of its efforts to implement the California Privacy Rights Act. We describe five key observations in this client alert…more

California Privacy Rights Act (CPRA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Privacy

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Risks and opportunities for the decommissioning of nuclear power plants in Germany

Who would have thought that a large Japanese city would change the entire German energy environment? The German federal government responded almost immediately to the tragic nuclear disaster in Fukushima, Japan, in March 2011,…more

Critical Infrastructure Sectors, Decommissioned Facilities, Germany, Liability, Nuclear Power

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Braving a perfect storm: Avoiding legal and reputational risk associated with CARES Act oversight and investigations

Businesses across the United States have been battered by the COVID-19 crisis and many companies have been the recipients of unprecedented levels of economic assistance and tax relief under the Coronavirus Aid, Relief, and…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Government Investigations

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FDA under fire: Pared-down LDT Final Rule leaves unanswered questions

The U.S. Food and Drug Administration (FDA) has finalized its historic — and notoriously controversial — rule to explicitly assert the agency’s authority to regulate laboratory developed tests (LDTs). Below we summarize the most…more

Clinical Trials, Final Rules, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry

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International products law review 2020: Issue 78

On 18 February 2020, the French Ministry of Economy and Finance announced the launch of a new online platform called SignalConso, an easy-to-use public service enabling individuals to report any consumer law issue they may face…more

Anti-Fraud Provisions, Class Action, Climate Change, Consumer Complaint System, Consumer Fraud

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New economic crime and corporate transparency bill: All bark and no bite?

Thursday 13 October 2022 saw the second reading of the draft Economic Crime and Corporate Transparency Bill, containing a raft of different measures including new and expanded powers for Companies House, the SFO and the NCA. But…more

Anti-Corruption, Bribery, Corporate Crimes, Criminal Prosecution, Fraud

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Management of large liabilities of health care companies through bankruptcy

Two recent decisions involving health care companies demonstrate how reorganization under Chapter 11 of the Bankruptcy Code can be used to manage large liabilities. …more

Article I, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Strengthen and streamline - Australia sets out plans to revamp its foreign investment regime

The Australian government has set out an ambitious plan to attract overseas investors with a proven track record whilst at the same time toughening up safeguards for investment seen as higher-risk. Treasury Minister Jim Chalmers…more

Australia, Critical Infrastructure Sectors, FIRB, Foreign Investment, National Security

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AIFMD 2 has arrived!

Pre-marketing and reverse solicitation of alternative investment funds in Europe. The European Commission originally announced a proposal for a supplementary AIFM Directive (AIFMD 2) approximately sixteen months ago. After…more

Alternative Investment Fund Managers Directive (AIFMD), Alternative Investment Funds, Capital Markets, EU, EU Directive

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UK Public Markets Snapshot – March 2022

In our first UK Public Markets Snapshot for 2022, we cover key recent trends and points to watch out for. Headlines Don’t ignore merger arbs – they pile in quick and often need careful handling. Takeover Panel red lines – on…more

Acquisitions, Contract Terms, Hostile Takeover, Mergers, Publicly-Traded Companies

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All a matter of timing - English construction court considers when there’s a cause of action for defective design - Talking Point Asia November 2023

The Technology and Construction Court in London has given a wide-ranging review of the law that frequently arise in construction projects, particularly on issues of limitation and when a cause of action over a supposedly…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Contractors

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FTC finalizes rule banning non-compete agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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ESG Market Alert – April 2023: Key ESG trends

Environmental, Social and Governance (ESG) promises to drive business decision making in 2023 and impact how companies plan, operate and report. The complex and rapidly-evolving world of ESG is set to remain a priority for…more

Biodiversity, Business Plans, Business Strategies, Climate Change, Corporate Governance

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Supreme Court tightens standing requirements for class actions

On Friday, the Supreme Court issued a decision holding that all class members must prove Article III standing to recover individual damages. The opinion will be useful authority for defending cases in which some class members…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Agencies issue guidance on delayed SEC reporting of material cybersecurity incidents - SEC Update

Since December 18, 2023 public companies other than smaller reporting companies are required to report a cybersecurity incident under Item 1.05 of Form 8-K within four business days after the company determines the incident is…more

Cyber Incident Reporting, Cybersecurity, Department of Justice (DOJ), Disclosure Requirements, Form 8-K

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UK Real Estate ESG Update

2024 continues to deliver waves of ESG-related news, updates and developments. In this latest ESG Update Robert Gowing considers the challenges inherent in the planning system when it comes to adapting or upgrading heritage…more

Environmental Social & Governance (ESG), Landlords, Leases, Real Estate Market, Sustainability

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Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

Virtually all industries are being reshaped with the use of Artificial Intelligence and advanced machine-learning. Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social…more

Antitrust Provisions, Artificial Intelligence, Asia Pacific, Connected Cars, Connected Items

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UK snap general election stalls the progression of Bill intended to reform the English Arbitration Act 1996

The UK government’s decision to call a snap general election has stalled the progression through Parliament of the Arbitration Bill, which was drafted to implement the Law Commission’s recommendations to modernise and streamline…more

Arbitration, Arbitration Agreements, Arbitrators, International Arbitration, UK

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Florida still has a long way to go before it can begin importing certain Canadian drugs

On January 5, 2024, the U.S. Food and Drug Administration (FDA) authorized Florida’s proposal under the Section 804 Importation Program (SIP) to allow Florida to proceed to the next steps in the regulatory process to import…more

Canada, Food and Drug Administration (FDA), Imports, Pharmaceutical Industry, Prescription Drugs

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Securitisation disclosure - Could less be more?

The detailed disclosure requirements under the Securitisation Regulations in the EU and UK, which aim to ensure that investors receive the information needed to make informed assessments, have been considered by many market…more

Disclosure Requirements, EU, European Securities and Markets Authority (ESMA), Financial Conduct Authority (FCA), Prudential Regulation Authority (PRA)

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COVID-19 - NUMSA v SAA – The death knell to successful business rescue?

On Friday, 8 May 2020, the Labour Court upheld an urgent application by the National Union of Metalworkers of South Africa (NUMSA) and the SA Cabin Crew Association (the Unions) against South African Airways (SAA) and its…more

Business Continuity Plans, Business Plans, Employees, Financial Distress, International Labor Laws

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Development and the challenge of rising inflation: a European comparison

It’s almost impossible to escape stories of rocketing inflation and increasing costs globally. The development industry isn’t immune to these pressures but is there more to this trend than the increased cost of materials? And…more

EU, France, Germany, Inflation Adjustments, Price Inflation

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Global real estate and ESG: How the EU, UK and US are responding to the climate crisis

With governments across the globe warning that action is urgently needed to diminish global warming and address the climate crisis, we look at the response of the EU, UK and US, with a focus on real estate. Climate damage is…more

Climate Change, Environmental Policies, Environmental Social & Governance (ESG), EU, Investment Tax Credits

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Debt Capital Markets – Global Insights – Spring 2020

We are delighted to present the Spring 2020 edition of Hogan Lovells’ Debt Capital Markets Global Insights. This draws together a collection of articles from across our global network, reflecting on current events and topical…more

ABS, Brazil, Capital Markets, Capital Requirements Regulation (CRR), Credit Default Swaps

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Supreme Court skeptical of ALJs role in regulatory enforcement

The Supreme Court, in Securities Exchange Commission v. Jarkesy, is considering the constitutionality of using administrative law judges (ALJs) in securities fraud cases, potentially impacting federal agencies' ability to employ…more

Administrative Law Judge (ALJ), Environmental Protection Agency (EPA), OSHA, SEC v Jarkesy, Securities and Exchange Commission (SEC)

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DOJ and FTC update Second Request guidance to address the use of ephemeral messaging applications

On January 26, 2024 the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) announced1 that the standard preservation letters and specifications for all voluntary access letters, second requests, and compulsory…more

Antitrust Division, Antitrust Investigations, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2017

FTC takes another look at merger remedies - On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to…more

Africa, Anti-Monopoly, Antitrust Provisions, Best Practices, Cartels

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HHS finalizes changes to Section 1557 regulations strengthening anti-discrimination protections

On April 26, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) finalized updates to regulations implementing Section 1557 of the…more

Affordable Care Act, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance, Non-Discrimination Rules

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Umgang mit Gender Diversity im Unternehmen - Keine Diskriminierung durch Gendersternchen1

Das LAG Schleswig-Holstein hat entschieden, dass die Verwendung des Gendersternchens eindeutig zum Ausdruck bringt, dass alle Geschlechter gleichermaßen angesprochen werden sollen und kein Geschlecht diskriminiert werden soll…more

Employer Liability Issues, Gender Discrimination, Gender Equity, Germany, International Labor Laws

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Entfallen der Corona-Isolationspflicht und die Konsequenzen für Arbeitgeber

Mit Wirkung zum 16. November 2022 ist in Baden-Württemberg und Bayern als ersten Bundesländern die Isolationspflicht für Covid-19 Infizierte entfallen. Schleswig-Holstein, Hessen und Rheinland-Pfalz sind inzwischen gefolgt…more

Coronavirus/COVID-19, Employer Responsibilities, Infectious Diseases, Remote Working, Return-to-Work Agreements

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New German restructuring law finally comes into force

As reported earlier, a new corporate restructuring law will be enacted in Germany. The new law's centerpiece will be the so-called stabilization and restructuring framework ("SRF")…more

Commercial Bankruptcy, Coronavirus/COVID-19, Debtors-in-Possession, EU, Germany

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UK Government’s snap general election stalls Bill intended to clarify litigation funding regulations

The UK’s snap general election has delayed indefinitely the progress of draft legislation which had been introduced with a view to restoring the pre-PACCAR status quo in which litigation funding agreements were distinct from…more

Damages, Litigation Fees & Costs, Litigation Funding, UK

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Global Accountants' Liability Update – October 2021

A company that specialized in the design and production of optical instruments (hereafter: the Company) hired an accounting firm and a tax consultancy firm (hereinafter: the Accountants) to prepare its annual accounts between…more

Accountant Malpractice, Accountants, Accounting, Accounting Standards, Audits

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Schrems II-proof new Standard Contractual Clauses proposed by the European Commission

Right on the heels of the practical guidance issued by the European Data Protection Board (EDPB) on supplemental safeguards for international data transfers and European Essential Guarantees for surveillance measures, on…more

Cybersecurity, EU, European Data Protection Board (EDPB), International Data Transfers, Personal Data

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Coronavirus (COVID-19) | Summary of Key International Tax Measures

Taxpayer-friendly changes in tax law are fast becoming key weapons in governments’ arsenals for tackling the economic fallout of COVID-19. …more

Asia, Business Taxes, Coronavirus/COVID-19, EU, International Tax Issues

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COVID-19: How the outbreak will impact disclosure deadlines and AGMs of listed and non-listed Dutch Companies

Governments' responses to COVID-19 are evolving on a daily basis. The measures against the coronavirus have a knock-on effect on Dutch companies' ability to comply with Dutch corporate law and best practice, particularly when it…more

Annual Meeting, Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Netherlands

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Significant developments in the UK's insolvency regime: a creditor's perspective

In this article we look at current trends and developments at the intersection between insolvency and dispute resolution, including a rundown of some of the latest legislative changes, and issues to consider when litigating…more

CIGA, Commercial Bankruptcy, Commercial Leases, Commercial Tenants, Corporate Governance

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A New Era: The New European Framework for Securitisations

Following a prolonged period of political scrutiny and negotiation, the texts of two regulations implementing significant changes to the regulation and capital treatment of securitisations were broadly agreed by the three EU…more

AIFM, Capital Markets, Capital Requirements Regulation (CRR), EMIR, EU

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Card-acquiring services: PSR to work on increasing searching and switching of majority of merchants

Due to its concerns that card-acquiring services might not be offering value for money for merchants, the PSR decided to conduct a comprehensive review of the card-acquiring sector focussing on the impact of competition and…more

EU, Financial Services Industry, Interchange Fee Regulation (IFR), Interchange Fees, Merchants

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Germany: Climate neutral claims felled by conservation projects

In two recent decisions, German courts have held claims of “climate neutrality” for consumer products to be misleading since they relied on compensation of CO2 by forest conservation projects. This marks another step in the…more

Carbon Emissions, Competition, Conservation, Germany, Greenwashing

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No-deal Brexit: the future of consumer rights in the UK

Notwithstanding the fact that a draft deal has been agreed between the EU and the UK at a technical level, the developments of recent days and weeks have made it clear that significant obstacles will need to be overcome before…more

Consumer Rights Directive, EU, Member State, No-Deal Brexit, UK

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Highlights with Hogan Lovells: Bid Protest Digest | Volume V

This issue of bid protest highlights includes key takeaways from the U.S. Government Accountability Office’s (GAO) Bid Protest Annual Report to Congress for Fiscal Year 2023, as well as bid protest decisions from the U.S. Court…more

Bid Proposals, Bid Protests, Bid Solicitation, Court of Federal Claims, Federal Acquisition Regulations (FAR)

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OIG’s first-ever General Compliance Program Guidance covering all health care parties released

In November 2023, OIG released its first ever General Compliance Program Guidance (GCPG). The GCPG is a comprehensive document that applies to all individuals and entities involved in the health care sector…more

Compliance, Fraud and Abuse, Health Care Providers, Investors, OIG

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UK/EU/International ESG Regulation Monthly Round-Up – April 2024

April 2024 has been another busy month for ESG regulation both in the UK, EU and internationally. Key developments include the long-awaited Financial Conduct Authority (FCA) finalised guidance on the UK anti-greenwashing rule…more

Environmental Social & Governance (ESG), Financial Conduct Authority (FCA), Financial Services Industry, Investment Management, Sustainability

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Fifth Circuit upholds injunction against borrower defense and closed school loan discharge rules

On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden…more

Borrower Defense Rule, Dischargeable Debts, Educational Institutions, Student Loans, Students

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UK National Security and Investment Act – second Annual Report published

The UK Government has published its second Annual Report on the functioning of the National Security and Investment regime, providing high-level statistics on how the regime has functioned over the past year. The report covers…more

Acquisitions, Foreign Investment, National Security, UK

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Lights flicker on for solar feed in tariffs in Vietnam

On 6 April 2020 the prime minister of Vietnam issued Decision 13 which sets out a new and long awaited feed-in-tariff regime for solar power projects in Vietnam to apply from 22 May 2020. …more

Clean Energy, Infrastructure, Power Grid, Renewable Energy, Solar Energy

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HMRC change their practice on VAT treatment of lease variations

HMRC has published Revenue & Customs Brief 11 of 2020 (RCB), concerning the VAT treatment of lease variations.  The RCB represents a change in the way HMRC have treated lease variations for VAT purposes where the landlord…more

Commercial Leases, Commercial Tenants, HMRC, International Tax Issues, UK

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Private equity investment in health care remains in U.S. antitrust enforcers’ crosshairs

Private equity investment in the health care sector continues to be a significant area of focus for the U.S. antitrust agencies. On March 5, 2024, the Federal Trade Commission (FTC) hosted a public workshop to “examine the role…more

Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Mergers, Popular

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Las modificaciones a las Reglas del CIADI entrarán en vigor el 1 de julio de 2022

Conozca más sobre los cambios para mejorar la transparencia y la eficiencia en las modificaciones a las Reglas del CIADI, que entrarán en vigor el 1 de julio de 2022…more

Arbitration, Commercial Arbitration, Disclosure Requirements, Dispute Resolution, Foreign Investment

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Bank of England wades in on securitisation capital framework: not all that glitters is gold-plating

The final implementation of Basel III, published in December 2017 as an updated global framework for capital requirements, is fast approaching. Basel III introduced a number of changes to the credit, market and operational risk…more

Bank of England, Basel III, Prudential Regulation Authority (PRA), Securitization, UK

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Talking Point: Insolvency risk in the construction industry

In the difficult market conditions which have accompanied the COVID-19 pandemic, the financial health of many industries has been adversely affected. The construction industry is no exception and the insolvency of a party to a…more

Commercial Bankruptcy, Construction Contracts, Contract Termination, Contract Terms, Contractors

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California courts weigh in on wave of live chat class actions

Over the last 18 months, a new privacy litigation battlefront has emerged: Website operators across a range of industries find themselves inundated with class action suits or requests for arbitration based on alleged violation…more

CIPA, Class Action, Invasion of Privacy, Websites

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Can an AI be a patent inventor? (Japan)

On May 16, 2024, the Tokyo District Court (the “Court”) found that an artificial intelligence (“AI”) that autonomously generated an invention cannot be recognized as the inventor of that invention. The Court also expressed its…more

Artificial Intelligence, Computer-Related Inventions, Innovative Technology, Intellectual Property Protection, Inventions

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Cartel damages: Germany, the assignment model and debt collection services – an update

Germany doesn’t offer claimants a true U.S. or UK style class action regime. Claimants will therefore seek alternative ways to join forces and bundle their claims using the so-called assignment-model as a favoured solution…more

Antitrust Provisions, Antitrust Violations, Cartels, Competition, Damages

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DOJ enforcement of U.S. export controls compliance in context of anti-discrimination laws: 2024 update

Businesses working with U.S. export-controlled technology are subject to U.S. export control laws which impose restrictions on the release of such technology to certain foreign persons—even within U.S. borders. A company that…more

Department of Justice (DOJ), Export Administration Regulations (EAR), Export Controls, Exports, ITAR

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What Real Estate Finance trends are we seeing in 2023 and what can we expect going forwards?

Now that we are entering Q4 of 2023 we reflect on the common REF trends we are seeing in the UK, Europe and the US. We consider what common trends the rest of 2023 may bring…more

Real Estate Financing, Real Estate Investments, Real Estate Transactions, Sustainability

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Highlights of new SEC rules on climate-related disclosures

On March 6, 2024, the U.S. Securities and Exchange Commission adopted its highly anticipated rules requiring climate-related disclosures. The final rules represent a significantly less burdensome set of rules than those proposed…more

Climate Change, Corporate Governance, Disclosure Requirements, Final Rules, Greenhouse Gas Emissions

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Roundtable discussion on Global Standards for AI Governance and the UK's AI regulatory framework

A cross-practice Global Regulatory & IPMT team hosted a roundtable discussion on the key requirements that industry would like to see incorporated in the UK Government’s approach to developing its AI regulatory framework…more

Artificial Intelligence, Regulatory Agenda, UK

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Consumed: Environment, Sustainability, and Governance for consumer companies

Business integrity for consumer companies - Doing good business means doing things the right way - Consumer companies around the world are incorporating sustainability, business integrity, and brand purpose into their business…more

Anti-Bribery, Anti-Corruption, Business Plans, Business Strategies, Capital Investments

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Executive summary of Japanese sanctions and export control restrictions on Russia announced

According to Prime Minister Kishida and Foreign Secretary Hayashi’s statement on 25 February 2022, Japan will take the following additional measures:(a) to suspend the issuance of entry visas to Japan for designated individuals…more

Asset Freeze, Economic Sanctions, EU, Export Controls, Exports

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Greenwashing: publication of the directive on empowering consumers for the green transition

The EU is stepping up its fight against greenwashing and empowers consumers for the green transition with a new Directive on empowering consumers for the green transition through better protection against unfair practices and…more

Advertising, Environmental Claims, Green Marketing, Greenwashing, Marketing

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Online sale of pharmaceuticals in Russia remains prohibited and lawmakers are yet to pass the bill allowing online sales

Russian law currently prohibits the online sale of pharmaceuticals and requires that pharmaceuticals must be sold only in stationary pharmacies operated by a person holding a pharmaceutical licence…more

E-Commerce, Generic Drugs, Internet Retailers, Life Sciences, Online Sales Bans

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U.S. Congress has unveiled bipartisan draft bills to spur American space industry growth

Three new U.S. congressional bills promise significant changes for the U.S. commercial space industry and reflect increased attention on this rapidly growing and evolving sector. In the House of Representatives, two draft bills…more

Critical Infrastructure Sectors, FCC, GAO, Licensing Rules, National Security

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Lehman Brothers swap clawback effort rejected By Second Circuit

The Second Circuit ruled last week in Lehman Bros. Special Fin. Inc. v. Bank of Am. Nat'l Ass'n, No. 18-1079 (2d Cir. 2020) that a Lehman Brothers affiliate cannot claw back $1 billion in payments made pursuant to swap…more

Clawbacks, Lehman Brothers, Swap Agreements

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Expedited breakthrough device coverage, “reasonable and necessary” definition delayed until Dec. 15

On May 14, 2021, the Centers for Medicare & Medicaid Services (CMS) released a display copy of a Final Rule (Final Rule) further delaying the effective date of the Medicare Coverage of Innovative Technology (MCIT) and Definition…more

Centers for Medicare & Medicaid Services (CMS), Health Insurance, Medical Devices, Medicare, Medicare Part A

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Preparing for the space innovations of today and tomorrow

Innovative technologies are reshaping almost every industry, presenting new business cases and changing our daily lives. These technologies are hyper-connecting the world and offering new ways to interact. Many of these…more

Acquisitions, Data Protection, Export Controls, Innovation, Internet of Things

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A clear link – extra territorial application of Australian Privacy Act explained

Earlier this year, the Administrative Appeals Tribunal handed down its decision in a matter between Clearview AI and the Australian privacy regulator, the Office of the Australian Information Commissioner. Crucially, this…more

Australia, Data Privacy, Office of Australian Information Commissioner (OAIC), Personal Information

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Foreign investors should consider treaty protections when structuring their investments abroad

Investors seeking to invest abroad – including investment funds – should safeguard and strengthen their investments by considering treaty protections. Investment Treaties can provide foreign investors access to substantive…more

Bilateral Investment Treaties, Foreign Investment, Investment Funds, Investors

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Global Accountants' Liability Update – April 2022

The Hong Kong Court of Appeal has denied an accountant’s appeal of a Disciplinary Committee of the Hong Kong Institute of Certified Public Accountants (HKICPA) order that cancelled her practicing certificate due to professional…more

Accountants, Accounting, Accounting Standards, Financial Institutions, Financial Services Industry

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Germany intensifies fight against sanctions evasion, money laundering and other financial crimes

After sanctions and anti-money laundering regulations have rapidly and significantly expanded in the wake of Russia’s war against Ukraine, Germany is further racking up its efforts in fighting financial crime more effectively…more

Anti-Money Laundering, Economic Sanctions, FATF, Financial Crimes, Germany

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Öffentliche Übernahmen in Deutschland Newsletter 2023

Herzlich willkommen zur sechsten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2022 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Capital Markets, Foreign Investment, Germany, Mergers

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Debt Capital Markets – Global Insights – Spring 2020

We are delighted to present the Spring 2020 edition of Hogan Lovells’ Debt Capital Markets Global Insights. This draws together a collection of articles from across our global network, reflecting on current events and topical…more

ABS, Brazil, Capital Markets, Capital Requirements Regulation (CRR), Credit Default Swaps

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FCA reviews disclosures of net changes to share capital

The FCA has recently completed a review of the way in which UK issuers disclose changes to their total voting rights to the market and the resulting effect on major shareholding notifications…more

Corporate Issuers, Disclosure Requirements, Financial Conduct Authority (FCA), Financial Markets, Market Participants

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EXPO REAL 2023: Key Trends in the real estate sector

Same procedure as every year after Wiesn: it’s Expo Real time! Project developers, bankers, brokers, investors, owners and operators – and last but not least real estate lawyers, meet at EXPO REAL in Munich, Germany’s most…more

Environmental Social & Governance (ESG), Real Estate Development, Real Estate Market, Sustainability

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Dutch Labour Law legislation

We are approaching the end of the year. From 1 January 2020 onwards, new employment legislation will enter into force in the Netherlands. Please find below an overview of the main changes in the Dutch Balanced Labour Market Act…more

Compensation & Benefits, Fixed-Term Labor Contracts, International Labor Laws, Netherlands, Payroll Records

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Investment protection in the mining sector: A guide to protecting foreign investments in Tanzania

The mining sector is playing, and will continue to play, an essential role in the energy transition. As demand for critical metals and minerals continues to intensify, a significant increase in foreign investment is likely to…more

Foreign Investment, Investment, Mining, South Africa

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UK Pensions newsletter - October 2022

Welcome to Hogan Lovells UK pension team's October 2022 newsletter.  The past fortnight has demonstrated how pension schemes can be significantly impacted by unexpected turmoil in financial markets. …more

Defined Contribution Plans, Employee Benefits, Pension Schemes, Pensions, Retirement Plan

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GMCQ: Global Media, Technology and Communications Quarterly – Spring/Summer 2020

COVID-19 and IT service provider contracts: A checklist for force majeure events - The COVID-19 pandemic, and the various restrictions that have been implemented in response to it, are causing extraordinary business…more

China, Contract Terms, Coronavirus/COVID-19, Deep Fake, Force Majeure Clause

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Greenwashing: publication of the directive on empowering consumers for the green transition

The EU is stepping up its fight against greenwashing and empowers consumers for the green transition with a new Directive on empowering consumers for the green transition through better protection against unfair practices and…more

Advertising, Environmental Claims, Green Marketing, Greenwashing, Marketing

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Security Snippets: Biden Administration announces global cybersecurity strategy

U.S. State Department announces international diplomacy strategy to promote digital solidarity. Recognizing emerging technologies and cyber threats as an inflection point for U.S. competition with geopolitical rivals, the U.S…more

Biden Administration, Critical Infrastructure Sectors, Cyber Attacks, Cyber Crimes, Cybersecurity

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House Judiciary Committee to Markup Nondebtor Release Prohibition Act of 2021

On Wednesday, November 3, the House Judiciary Committee approved legislation on a party-line vote that could drastically reshape chapter 11 restructurings, particularly in cases involving significant tort liability. The bill,…more

Bankruptcy Code, Bankruptcy Reform, Chapter 11, Commercial Bankruptcy, Indemnity

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AnAn refined – Singapore Court of Appeal allows winding-up in spite of arbitration agreement

The Singapore Court of Appeal has overturned the High Court decision in the case of Founder Group (Hong Kong) Limited (in liquidation) v Singapore JHC Co Pte Ltd [2023] SGCH 159, in the latest development concerning the…more

Arbitration, Arbitration Agreements, Insolvency, Singapore, Winding Up Petitions

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Green Claims update - Green Claims Directive Proposal - Sustainable Products Regulations

The European Commission has presented its long-awaited proposal for a Directive on substantiating environmental claims on March 22, 2023 which is intended to apply to all voluntary green claims covering not only texts, but also…more

Environmental Claims, EU, EU Directive, European Commission, Greenwashing

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Proposed changes to disaster reporting obligations for satellite operators

The Federal Register has published FCC network resiliency rule change proposals that may add reporting obligations for satellite operators.  Comments are due on or before April 29, 2024, and reply comments are due on or before…more

Comment Period, FCC, Reporting Requirements, Satellites

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Marginal Grains - Frozen out in Odessa

Madison Pacific Trust Limited v (1) Sergiy Groza and (2) Volodomyr Naumenko ([2024] EWHC 267). On 8 February 2024, the High Court delivered judgment against two individuals who applied to set aside a worldwide freezing order…more

Borrowers, Lenders, Trustees, UK

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State laws governing abortion raise questions over legality of embryonic stem cell research

New, or newly interpreted, state laws and court decisions governing abortion may directly affect access to medical care and treatment for patients who are, or who want to become, pregnant. They also have potential implications…more

Abortion, Life Sciences, Medical Research, Pregnancy, Reproductive Healthcare Issues

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The role of AI in the new UK Consumer Duty

This article is the second in a series on areas impacted by AI. It focuses on the upcoming implementation of a new Consumer Duty, a higher standard of behaviour for financial services firms directly or indirectly interacting…more

Artificial Intelligence, Banking Sector, Consumer Financial Products, Financial Institutions, Financial Services Industry

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The EU Late Payment Regulation – unintended consequences for structured finance transactions?

The European Commission published a proposal for a regulation on combating late payment in commercial transactions last year which will introduce new rules, including that payments have to be made within 30 days, albeit with…more

Banking Sector, EU, Fees, Securitization, Small and Medium-Sized Enterprises (SMEs)

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National Security and Investment Act: Nearly time for curtains up

There are just over two months to go until the National Security and Investment (NSI) regime goes fully live in the UK – now is the time to ensure you are up to speed on how it will impact your acquisitions and investments. …more

BEIS, Foreign Direct Investment, Foreign Investment, National Security, Notification Requirements

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FCA’s review into challenger banks uncovers deficiencies in financial crime controls

In recent years, the financial services industry has seen an exponential growth in the popularity of challenger banks in the UK. Digitally-driven, technologically innovative and efficient onboarding processes are some of the…more

Anti-Money Laundering, Customer Due Diligence (CDD), Financial Conduct Authority (FCA), Financial Crimes, Financial Institutions

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Financial Institutions Horizons 2021

Financial Institutions Horizons is a snapshot of key legal topics and market trends across the globe, shaping the future of the financial institutions market. When we conceived the Horizons series in 2018, the financial…more

Biden Administration, China, Coronavirus/COVID-19, Cybersecurity, Financial Institutions

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Construction arbitration: How to use innovation to increase efficiency

Constants of construction arbitrations include, notably, their complexity and the continued criticism of being too expensive and slow. When it comes to innovations, the construction industry should consider increasing the use of…more

Arbitration, Construction Contracts, Construction Disputes, Construction Project, Contract Disputes

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Health and safety training: not just a tick box exercise

Every employer in South Africa has the legal obligation to provide and maintain a safe working environment, as far as is reasonably practicable, which is without risk to the health of employees. This legal duty includes, amongst…more

Coronavirus/COVID-19, Employee Training, Employer Liability Issues, Employer Responsibilities, Health and Safety

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New disclosure rules: evolution or revolution?

A pilot scheme to introduce extensive reforms to the English court disclosure rules has been approved in principle by the Civil Procedure Rules Committee (CPRC, the body responsible for approving civil court rule changes)…more

Discovery, Document Productions, Rules of Civil Procedure, Trial Preparation, UK

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UK/EU/International ESG Regulation Monthly Round-Up – April 2024

April 2024 has been another busy month for ESG regulation both in the UK, EU and internationally. Key developments include the long-awaited Financial Conduct Authority (FCA) finalised guidance on the UK anti-greenwashing rule…more

Environmental Social & Governance (ESG), Financial Conduct Authority (FCA), Financial Services Industry, Investment Management, Sustainability

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Year end COVID-19 relief/stimulus package includes sweeping energy provisions

The US$900 billion COVID-19 relief/stimulus package passed by Congress and signed by the President on December 27 includes sweeping energy provisions that constitute the most significant energy legislation passed by Congress in…more

Coronavirus/COVID-19, Department of Energy (DOE), Energy Policy, Energy Reform, Financial Stimulus

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New packaging rules will soon become law across the EU – consider the implications for your brand

The EU Packaging and Packaging Waste Regulation (PPWR) is about to come into force and will significantly change packaging laws across the EU. The aim of the legislation is to eliminate packaging waste by ensuring that all…more

Corporate Counsel, EU, Manufacturers, Product Packaging, Recycling

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Poland: The DPA publishes a new plan for sectoral investigations

The Polish Personal Data Protection Office has recently published a plan for sectoral investigations for 2024, which covers both public institutions and private entities. The plan is a framework for DPA’s activities, which…more

Cybersecurity, Data Privacy, Data Protection, Personal Data, Poland

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CJEU confirms the limitations of MS’ powers to regulate online services providers based in other MS

On 9 November 2023, the Court of Justice of the European Union has rendered a landmark decision which reiterates the ‘country-of-origin principle’ and paves the way for more legal certainty for providers of information society…more

Court of Justice of the European Union (CJEU), E-Commerce, EU, Internet Retailers

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After a long and winding road, FDA finalizes much-debated “intended use” rule

On August 2, 2021, the U.S. Food and Drug Administration (FDA) published a final rule to amend its “intended use” regulations, codified at 21 CFR § 801.4 for medical devices and 21 CFR § 201.128 for drugs. This updated final…more

Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA), Health Care Providers, Intended Use

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FinCEN proposes expanding Bank Secrecy Act requirements to certain investment advisers

On February 13, 2024, U.S. Department of the Treasury’s Financial Crimes Enforcement Network issued a Notice of Proposed Rulemaking seeking to expand the Bank Secrecy Act’s definition of “financial institution” to include…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Financial Institutions, FinCEN

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Öffentliche Übernahmen in Deutschland Newsletter 2023

Herzlich willkommen zur sechsten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2022 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Capital Markets, Foreign Investment, Germany, Mergers

See all updates »

Focus on General Terms Agreements

Published in The Air & Space Lawyer, Volume 36, Number 2, 2024 - April 10, 2024 An airframe or engine general terms agreement (GTA) is an umbrella term for any agreement between (a) an entity that has an interest in an airframe…more

Aircraft, Aircraft Equipment, Aviation Industry, Manufacturers

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The new Clinical Trials Regulation – what you need to know now - Episode 1: Transitional period and timeline

With this series we provide insights on what you need to know now about the new EU Clinical Trials Regulation (“CT Regulation”). Episode 1: Transitional period and timeline Do you wonder when you need to apply the new rules to…more

Clinical Trials, EU, EU Clinical Trials Regulation (CTR), European Commission, Life Sciences

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Can an AI be a patent inventor? (Japan)

On May 16, 2024, the Tokyo District Court (the “Court”) found that an artificial intelligence (“AI”) that autonomously generated an invention cannot be recognized as the inventor of that invention. The Court also expressed its…more

Artificial Intelligence, Computer-Related Inventions, Innovative Technology, Intellectual Property Protection, Inventions

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Establishment of a business in the United Kingdom by a foreign corporation

This note describes in outline the laws and taxes which currently apply to a foreign corporation establishing a business operation in the United Kingdom and the administrative requirements which need to be observed once the…more

Board of Directors, Business Entities, Foreign Corporations, Shareholders, UK

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Round-up: Indonesia

Round-up: Indonesia is our new quarterly newsletter, rounding up all the latest legal updates and events in Jakarta. …more

Business Entities, Entrepreneurs, Financial Services Industry, Indonesia, Investment

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FDI - A global perspective

During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments…more

Acquisitions, CFIUS, Foreign Investment, Mergers, National Security

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UK COVID-19: Should the UK real estate sector still worry about a no-deal Brexit?

At the moment Brexit appears to have been forgotten by many. This is understandable – the impact of COVID-19 is so immediate, vast and deep that the economic impact of Brexit seems distant and trivial by comparison…more

EU, Liquidity, Real Estate Market, Rental Property, UK

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Expanded access to telehealth services during the COVID-19 pandemic

In response to the COVID-19 pandemic, the U.S. Congress, the Centers for Medicare and Medicaid Services (CMS), many state legislatures and state Medicaid programs, and private payers have implemented significant changes to…more

Coronavirus/COVID-19, Health Care Providers, Relief Measures, Telehealth, Telemedicine

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USTR calls for comments on continuation of China Section 301 tariffs

USTR announced that the actions arising from the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation would continue in light of hundreds of…more

China, Imports, Section 301, Tariffs, Trade Relations

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FDA signals potential shift toward interchangeability for all biosimilars

The U.S. Food and Drug Administration (FDA) recently released a podcast on biosimilars, featuring Dr. Sarah Yim, director of FDA’s Office of Therapeutic Biologics and Biosimilars (OTBB), that seems to indicate a potential move…more

Biologics, Biosimilars, BPCIA, Food and Drug Administration (FDA), Life Sciences

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Doing Business in Germany: Consumer Sector

Germany should not be a blank spot on your company map. Located at the center of Continental Europe, it is the world’s fourth biggest economy and the home of some of the biggest companies in the world. It plays a key role in the…more

Antitrust Provisions, Arbitration, Class Action, Competition, Cross-Border Transactions

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Addressing downside risks of build-to-buy deals

When embarking on a build-to-buy transaction, the parties are typically excited by the possibilities of a new therapy, and want to get to work in realizing a return on their investment and making a positive change in the lives…more

Life Sciences, Pharmaceutical Industry, Prescription Drugs, Royalties

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COVID-19: Summary of National Payment Moratoria Measures in Europe (UPDATED)

Our note summarises key national payment moratoria measures and other reliefs related to the COVID-19 pandemic which have been introduced in various European countries and which are relevant in the context of structured finance…more

Coronavirus/COVID-19, Debt Relief, EU, European Banking Authority (EBA), Late Payments

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Game on - Indonesia sets out ambitious development plans for the gaming industry

The Indonesian government has set out its plans for developing its still immature gaming industry, by enacting the Presidential Regulation No. 19 of 2024 on the Acceleration of National Game Industry Development (PR 19/2024)…more

Gaming, Indonesia, Online Gaming, Video Games

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Considerations for crafting a post-pandemic return-to-office policy in Colorado

As Colorado employers prepare to reopen their offices following the COVID-19 pandemic, they must consider a number of legal issues. Some key considerations include whether employers can ask about vaccination status, whether they…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates

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FDA proposal classifying wound dressings/washes with antimicrobials may require PMAs, new 510(k)s

Last week, the U.S. Food and Drug Administration (FDA) proposed two new rules for classification of certain, previously unclassified wound dressings and liquid wound washes containing antimicrobials, which would categorize…more

510(k) RTA, Food and Drug Administration (FDA), Life Sciences, Medical Devices, Pharmaceutical Industry

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FDA spells out electromagnetic compatibility info needed in medical device premarket submissions

The U.S. Food and Drug Administration (FDA) recently issued the final guidance, “Electromagnetic Compatibility (EMC) of Medical Devices: Guidance for Industry and Food and Drug Administration Staff,” which details the…more

Cybersecurity, Final Guidance, Food and Drug Administration (FDA), Health Care Providers, Life Sciences

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FTC disputes new slate of Orange Book patents for weight loss, diabetes, asthma, and COPD drugs

On April 30, 2024, the Federal Trade Commission (FTC) announced that it sent a new set of warning letters to ten pharmaceutical companies. The letters inform the companies that the FTC has notified the Food and Drug…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), Life Sciences, Orange Book, Patents

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How the U.S. Supreme Court Affirmative Action decisions will impact corporate America

The U.S. Supreme Court is expected to rule soon on two challenges to the use of affirmative action in college admissions, but their reach may extend well beyond the university context. The cases before the Supreme Court involve…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Alternatives to SOFR: an overview of existing credit sensitive rates

This article aims to highlight certain key differences between LIBOR, SOFR and several of the most common credit sensitive rates that are available or are in development today…more

Alternative Reference Rates Committee (ARRC), Banking Sector, Financial Institutions, Financial Services Industry, ICE Benchmark Administration (IBA)

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FTC disputes new slate of Orange Book patents for weight loss, diabetes, asthma, and COPD drugs

On April 30, 2024, the Federal Trade Commission (FTC) announced that it sent a new set of warning letters to ten pharmaceutical companies. The letters inform the companies that the FTC has notified the Food and Drug…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), Life Sciences, Orange Book, Patents

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Beyond Earth’s Gravity: Navigating legal hurdles in space-based drug research and development

Innovative technologies are reshaping every industry, presenting new business cases and changing our daily lives. These technologies are hyper-connecting the world and offering new ways to interact. Particularly in the Space and…more

Funding, Intellectual Property Protection, Outer Space, Research and Development, Satellites

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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Containing the corruption and fraud virus

COVID-19 is changing the nature of corruption and fraud. The risks they bring are mutating, and the pandemic is drastically altering the way such risks are detected and mitigated. …more

Anti-Corruption, Asia, Business Continuity Plans, Business Operations, China

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Amendment to Turkish law brings new opportunities for investors in NPLs

A recent amendment to existing legislation potentially opens the door to international investors in the Turkish NPL market for the first time. Background On 16 October 2021, the Communiqué (III-58.1) on Asset or Mortgage Backed…more

Asset Management, Capital Markets, Mortgage-Backed Securities, Non-Performing Loans (NPL), Securitization

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UK Energy Performance: "B" prepared for new 2030 MEES ratings

A crucial change of approach and the introduction of new compliance windows could be on the horizon in the UK for the non-domestic Minimum Energy Efficiency Standard (MEES)…more

Energy Efficiency, Infrastructure, Property Improvements, Real Estate Market, UK

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Singapore unveils sanctions against Russia

The sanctions were first announced in parliament on 28 February 2022, and the specifics were released on 5 March 2022…more

Cryptocurrency, Dual Use Goods, Economic Sanctions, EU, Export Controls

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Global Accountants’ Liability Update – September 2020

On 21 August 2020, the court of Chancery of the State of Delaware granted a motion brought by three Defendant KPMG firms to dismiss a cause of action seeking to hold KPMG LLP (KPMG US) liable as the agent of KPMG Cardenas Dosal,…more

Accounting, Financial Services Industry, Hong Kong, Hong Kong Monetary Authority (HKMA), KPMG

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Supreme Court Narrows Scope of Safe Harbor Exception for Securities Clawbacks

On February 27, 2018, the U.S. Supreme Court resolved a circuit split under the Bankruptcy Code and determined that where funds passed through financial institutions acting as payment conduits, where the ultimate transfer sought…more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

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UK Coronavirus Business Interruption Loan Scheme: an overview

The Coronavirus Business Interruption Loan Scheme (CBILS) was launched by the UK government on 23 March 2020 to help businesses to keep operating during the COVID-19 pandemic…more

British Business Bank, Business Interruption, Commercial Loans, Coronavirus Business Interruption Loan Scheme (CBILS), Coronavirus/COVID-19

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Budget speech 2020

The 2020 Budget was presented by Minister Tito Mboweni before parliament on 26 February 2020. The tax proposals for the 2020 Budget aim to support a recovery in economic growth, with some relief at the level of personal income…more

Budgets, Contribution Limits, Excise Tax, Fuel Tax, Income Taxes

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Vorwurf des OLG Düsseldorf an Mieter: das hättet Ihr doch wissen müssen!

Das Oberlandesgericht Düsseldorf hat in einem Hinweisbeschluss bereits im vergangenen September entschieden, dass Mieter während der COVID-19-Pandemie nicht davon ausgehen dürfen, dass nach Abschluss eines pandemiebedingten…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Germany, Landlords

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International products law review 2020: Issue 78

On 18 February 2020, the French Ministry of Economy and Finance announced the launch of a new online platform called SignalConso, an easy-to-use public service enabling individuals to report any consumer law issue they may face…more

Anti-Fraud Provisions, Class Action, Climate Change, Consumer Complaint System, Consumer Fraud

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Adler on Appeal – Adler plan set aside in first ever appeal of an English restructuring plan

On 23 January 2024, the English Court of Appeal set aside the April 2023 order of the High Court sanctioning the English Part 26A restructuring plan (the “Plan”) proposed by AGPS BondCo plc (the “Plan Company”), a subsidiary of…more

Appeals, Creditors, Insolvency, Restructuring

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IPunkt | IP auf den Punkt gebracht - Januar 2019

MARKENRECHTSMODERNISIERUNGSGESETZ (MaMoG) ZUR UMSETZUNG DER EU-MARKENRECHTSLINIE 2015/2436 TRITT IN KRAFT - Am 14. Januar 2019 trat die Novellierung des Markengesetzes durch das MaMoG in Kraft, mit der eine Reihe von…more

Data Breach, Data Protection, E-Commerce, EU, European Union Intellectual Property Office (EUIPO)

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Tour d’horizon des réformes récentes du secteur minier et de la protection des investissements en Afrique

Au cours de ces dernières années, plusieurs États africains ont mis en œuvre des réformes d’ampleur de leurs régulations minières, aboutissant notamment à l'imposition d'exigences réglementaires accrues sur les acteurs de ce…more

Africa, Arbitration, International Arbitration, Investment, Investors

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Rail in Great Britain: it’s time to engage

The rail sector in Great Britain is about to experience the most significant structural change since privatisation. The Government is abandoning the current franchise-based model, in favour of a new “Passenger Rail Contract”…more

Infrastructure, Privatization, Public Procurement Policies, Public Projects, Railroads

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Silicon Valley Bank UK Limited FAQs

Silicon Valley Bank (SVB), the US’s 16th largest bank, was closed on Friday 10th March 2023. SVB’s UK operations were conducted through its subsidiary, Silicon Valley Bank UK Limited (SVBUK)…more

Banking Sector, Deposit Insurance, FDIC, Financial Crisis, Financial Institutions

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2024: The year of helping the environment – one product at a time

The legislators, regulators and consumers’ focus on products and their impact on the environment is nothing new. What is new however is the variety of products now being considered as within the scope of laws aimed at improving…more

Advertising, Corporate Counsel, Energy Sector, Environmental Claims, Greenwashing

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Actualités Législatives et Réglementaires – Mai 2023

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de mai 2023. Ces Actualités législatives et…more

Anti-Money Laundering, Automation Systems, Financial Institutions, Money Laundering

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Entlastungen in Deutschland nach der Strom-, Gas- und Wärmepreisbremse

Aufgrund der erheblich gestiegenen Energiepreise hat der Bundestag Ende des letzten Jahres die sog. Energiepreisbremsen beschlossen. Das „Gesetz zur Einführung einer Strompreisbremse und zur Änderung weiterer energierechtlicher…more

EBITDA, Electricity, Energy Market, Energy Policy, Energy Sector

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UK post-Brexit regulation of medicines from 1 January 2021

The UK Medicines and Healthcare products Regulatory Agency ("MHRA") has published a raft of guidance on how various aspects of the UK regulatory regime for medicines will operate in England, Wales and Scotland (together Great…more

Clinical Trials, Exports, Imports, Life Sciences, Medicines and Healthcare Products Regulatory Agency (MHRA)

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BGH schafft Rechtssicherheit für Banken und Investoren: Sondereigentum an Solarmodulen möglich!

Eigentumsverhältnisse an und die Sonderrechtsfähigkeit von Photovoltaikanlagen – ein scheinbar trockenes, in der Praxis tatsächlich aber sehr relevantes Thema, das den Bundesgerichtshof (BGH) zu Recht nicht zum ersten Mal…more

Collateralization, Electricity, Energy Sector, Germany, Investors

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DOJ proposes new accessibility rules for government websites and apps, third-party vendors

Government entities and the private companies that government entities engage to provide services to the public online may soon be required to comply with WCAG 2.1 AA digital accessibility standards…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Website Accessibility, Websites

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IPunkt | IP auf den Punkt gebracht - Januar 2019

MARKENRECHTSMODERNISIERUNGSGESETZ (MaMoG) ZUR UMSETZUNG DER EU-MARKENRECHTSLINIE 2015/2436 TRITT IN KRAFT - Am 14. Januar 2019 trat die Novellierung des Markengesetzes durch das MaMoG in Kraft, mit der eine Reihe von…more

Data Breach, Data Protection, E-Commerce, EU, European Union Intellectual Property Office (EUIPO)

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U.S. DOL finalizes rule to significantly increase compensation thresholds for exempt status

On April 23, 2024, the U.S. Department of Labor (DOL) issued its final rule significantly increasing the compensation thresholds that must be met for employees to be classified as exempt from overtime pay requirements under the…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

Virtually all industries are being reshaped with the use of Artificial Intelligence and advanced machine-learning. Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social…more

Antitrust Provisions, Artificial Intelligence, Asia Pacific, Connected Cars, Connected Items

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What’s next for representative actions in the EU and UK? Hogan Lovells speaks at BIICL

Hogan Lovells litigation partners Matthew Felwick and Valerie Kenyon took part in a panel discussion on the EU Representative Actions Directive, at the British Institute of International and Comparative Law (BIICL) on 3 February…more

Collective Actions, EU, Forum Shopping, Member State, UK

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New effort to control time and cost in arbitration – the Prague Rules

The draft ‘Rules on the Efficient Conduct of Proceedings of International Arbitration’ (the “Prague Rules“), which were released on 1 September 2018, makes for sombre reading for users of arbitration…more

Arbitration, Evidence, International Arbitration, Witnesses

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H2 Go: The UK’s new Hydrogen Strategy

The UK published its long awaited Hydrogen Strategy in August 2021 alongside a wider package of policy documents on hydrogen, including a consultation on a hydrogen business model to stimulate private investment in new low…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Hydrogen Power

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Trademark Insight 02/2024 – European Union & Germany // Country Focus - UK

Dear Readers, This issue of Trademark Insight once again summarizes a number of interesting decisions from the past few months, including the following key cases: As always, we also report on current case law on the likelihood…more

EU, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Popular, Trademark Application

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International products law review 2020: Issue 77

We're excited to bring you issue 77 of our "International products law review" with insights and updates on all aspects of products law. In this issue, provide updates on COVID-19, address promoting the circular economy…more

Consumer Product Companies, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Drones, EU

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Öffentliche Übernahmen in Deutschland Newsletter 2024

Herzlich willkommen zur siebten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2023 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Foreign Investment, Germany, Merger Controls, Mergers

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Getting personal - UAE data protection landscape

Data protection regulation and it’s enforcement is increasingly in the headlines. The widescale and growing reliance on technology has put greater pressure on lawmakers worldwide to ensure the necessary legal framework is put in…more

Consumer Privacy Rights, Cybersecurity, Data Protection, General Data Protection Regulation (GDPR), Personal Data

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Bank of England wades in on securitisation capital framework: not all that glitters is gold-plating

The final implementation of Basel III, published in December 2017 as an updated global framework for capital requirements, is fast approaching. Basel III introduced a number of changes to the credit, market and operational risk…more

Bank of England, Basel III, Prudential Regulation Authority (PRA), Securitization, UK

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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Court Rulings Reinforce Limitations on Sweeping Executive Orders Based on IEEPA

Recent court rulings enjoining enforcement of the Trump Administration’s Executive Order (“EO”) targeting TikTok show signs of curbing the sweeping powers of the International Emergency Economic Powers Act (“IEEPA”), which…more

Economic Sanctions, Executive Orders, International Emergency Economic Powers Act (IEEPA), National Security, SDN List

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2019 Winnik International TMT Forum: Media and Technology Convergence Panel

The 2019 Winnik International TMT Forum hosted by Hogan Lovells featured a panel discussion on technology and media convergence…more

5G Network, Antitrust Provisions, Competition, Federal Trade Commission (FTC), Global Market

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COVID-19 and contractual force majeure: a simple checklist

Email overload on whether COVID-19 triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point, jargon-free checklist on what…more

Act of God, Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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[Webinar] Navigating new challenges of cross-border merger reviews - September 30th, 12:00 pm - 1:00 pm EDT

Join the Hogan Lovells Antitrust and Competition team on Thursday, September 30, 2021 where we will discuss the new challenges of cross-border merger reviews, including heightened scrutiny across a number of regimes. -…more

Best Practices, China, Continuing Legal Education, Cross-Border Transactions, EU

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TSA revises rail cybersecurity directives for passenger and freight railroads

In October 2023, the Transportation Security Administration (TSA) updated three of its cybersecurity directives regulating passenger and freight railroad carriers. The following security directives have been renewed for one…more

Cyber Attacks, Cybersecurity, Federal Railroad Administration, Homeland Security Cybersecurity & Infrastructure Security Agency (CISA), Infrastructure

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What’s Next? Podcast: Exploring law firm culture through a design lens with IDEO

In this episode, Laura Kind, Global Head of Culture and Change at Hogan Lovells, chats with Rochael Adranly, Partner and General Counsel at renowned global design company IDEO, an organization committed to creating positive…more

Business Development, Corporate Culture, Firm Leadership, Innovation, Law Firm Associates

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Out with the new, in with the old: L.A. County to require masks for all while indoors . . . again

Los Angeles County health officials announced Thursday that they would be re-implementing a countywide face covering mandate requiring all persons regardless of vaccination status to don face coverings while indoors starting at…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Masks

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Data centres and ESG article series: what to look out for when building and investing in data centres in the UK in 2024

As part of the UK's ambition to become a Science and Tech superpower by 2030, the government has confirmed its commitment to help unlock opportunities for data driven businesses to scale up and to scale up fast. This scaling up…more

Data Centers, Environmental Social & Governance (ESG), Investment, Investors, Sustainability

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Decreto por el que se expide el Código Nacional de Procedimientos Civiles y Familiares - México

Hoy se publicó en el Diario Oficial de la Federación el Decreto por el que se expide el Código Nacional de Procedimientos Civiles y Familiares (“CNPCF”). El CNPCF abrogará los códigos de procedimientos civiles y familiares que…more

Collective Actions, Commercial Bankruptcy, Commercial Litigation, Judicial Proceedings, Mexico

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U.S. NLRB makes it more likely to deem companies as joint-employers

The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial…more

Employer Liability Issues, Final Rules, Franchisee, Franchises, Franchisors

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SBIC Program Updates: SBA Proposes Technical Amendments to 2023 Reforms and Significant Change to Passive Business Rule

In July 2023, the U.S. Small Business Administration (SBA) released sweeping reforms to the Small Business Investment Company (SBIC) program. Many of those reforms were enacted through the Small Business Investment Company…more

Debentures, Investment, Investors, Portfolio Companies, SBA

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FDI - A global perspective

During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments…more

Acquisitions, CFIUS, Foreign Investment, Mergers, National Security

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FTC "resurrects" Penalty Offense Authority for unlawful endorsements and testimonials

The Federal Trade Commission (FTC) has notified businesses that it is “resurrecting” its Penalty Offense Authority, an enforcement tool that had not been used by the agency since the 1980s. The Penalty Offense Authority,…more

Endorsements, Enforcement Actions, Federal Trade Commission (FTC), FTC Act, FTC Endorsement Guidelines

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Partially relieved – Hong Kong court judgment highlights difficulties facing cyber fraud victims in seeking recovery

The Hong Kong Court of First Instance in Edison Norge As v. BZZ Ltd [2021] HKCFI 135 has granted default judgment against email fraudsters whilst granting the declaratory relief applied for only in part. This decision provides…more

Best Practices, Cyber Crimes, Cybersecurity, Damages, Declaratory Relief

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Workplace pensions in Germany: what you need to know

In Germany, paying contributions to the statutory (state) social security pension is compulsory for most employees and their employers. …more

Employee Benefits, Germany, International Labor Laws, Labor Regulations, Pension Schemes

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Trademark Insight 02/2024 – European Union & Germany // Country Focus - UK

Dear Readers, This issue of Trademark Insight once again summarizes a number of interesting decisions from the past few months, including the following key cases: As always, we also report on current case law on the likelihood…more

EU, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Popular, Trademark Application

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No limits..? The limitation rules for cartel (damages) claims after the 9th reform of the German Competition Act (ARC)

At first glance, not a stone seems to be left standing. The new sec. 33h ARC hardly bears any resemblance with the old sec. 33 para. 5 ARC, the to date only special limitation rule applicable to cartel damages claims in the ARC…more

Antitrust Provisions, Cartels, Competition, Damages, EU

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Life Sciences and Health Care Horizons - 2021

Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all –…more

Biotechnology, Clinical Trials, Coronavirus/COVID-19, Cybersecurity, Digital Health

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Repairing the supply chain The EU Directive on a right to repair

Now it’s adopted: the EU Directive on a right to repair. This is a game changer. It affects manufacturers and sellers alike, and provides new opportunities for repair service providers. Supply chains become repair chains:…more

EU, Greenhouse Gas Emissions, Manufacturers, Right to Repair, Sustainability

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Significant developments in the UK's insolvency regime: a creditor's perspective

In this article we look at current trends and developments at the intersection between insolvency and dispute resolution, including a rundown of some of the latest legislative changes, and issues to consider when litigating…more

CIGA, Commercial Bankruptcy, Commercial Leases, Commercial Tenants, Corporate Governance

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Is Arbitration Finance right for you?

Would arbitration finance help us? Opening up opportunities / managing risks. Arbitration finance can enable you to bring good claims while reducing or eliminating the costs on your balance sheet, preserving your legal…more

Arbitration, Arbitration Awards, Business Disputes, Business Litigation, Cooperative Agreements

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The European Commission launches its first ex-officio investigation under the FSR into Chinese wind turbines

On 9 April 2024, the European Commission launched its first ex-officio investigation under the EU Foreign Subsidies Regulation, targeting Chinese wind turbines in Spain, Greece, France, Romania and Bulgaria…more

Competition, EU, European Commission, Foreign Subsidies, Merger Controls

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New Luxembourg business licence law encourages entrepreneurship

The law of 26 July 2023 amending the law of 2 September 2011 regulating access to the professions of craftsman, trader, industrialist, and certain liberal professions, as amended (the "Business Licence Law") was published in the…more

Business Licenses, License Applications, Licenses, Luxembourg

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Luxembourg insolvency law reform: New procedures to safeguard businesses more effectively

On 1 November 2023, the new Luxembourg law of 7 August 2023 on the continuation of businesses and the modernisation of insolvency law (the “New Law”) entered into force. The New Law introduces new safeguard mechanisms designed…more

Corporate Restructuring, Creditors, Debtors, Insolvency, Luxembourg

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COVID-19 and emergency inventions

As the spread of COVID-19 accelerates across the globe, everyone wants to find a way to tackle the pandemic, from Governments asking manufacturers to urgently make vital equipment to inventors creating innovative solutions…more

3D Printing, Compulsory Licenses, Coronavirus/COVID-19, EU, Exclusive Licenses

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Benelux trademark law now in line with EU Trade Marks Directive

Today, the amended Benelux-Convention on Intellectual Property (“BCIP”) will enter into force, bringing Benelux trademark law in line with the European Trade Marks Directive. We have summarized the most important changes below…more

Benelux Convention on Intellectual Property (BCIP), Certification Marks, EU, Geographically Descriptive, Intellectual Property Protection

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Moving in unity – Hong Kong court does away with deed of contribution requirement in sanctioning guarantor's scheme

In Re Unity Group Holdings International Ltd [2022] HKCFI 3419, the Hong Kong court has for the first time sanctioned a scheme of arrangement that releases debts of third-party obligors that were guaranteed by the scheme company…more

Affiliates, Bank Guarantees, Corporate Restructuring, Creditors, Hong Kong

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Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Winter 2020

Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid - The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during a…more

Antitrust Provisions, BSA/AML, Competition, Competition Authorities, Department of Justice (DOJ)

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Insolvenzen von Pflegeheimbetreibern – was passiert mit Oma, dem Miet-/Pachtverhältnis und dem Betrieb?

In den letzten Wochen haben in Deutschland zwei größere Betreiber der stationären Pflege und von betreutem Wohnen Insolvenz angemeldet. Auch wenn dies aus unserer Sicht nur Einzelfälle sind und kein Krankheitssyndrom der…more

Commercial Bankruptcy, Germany, Insolvency, Leases, Long Term Care Facilities

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New exemption from UK stamp taxes on insurance-linked securities (ILSs)

Transfers of insurance-linked bonds which meet certain conditions will be exempt from UK stamp duties from 17 May 2022. This will be of particular relevance to the insurance sector where such bonds are issued in connection with…more

Corporate Taxes, Insurance Industry, Stamp Taxes, UK

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Effective dates for amended Data Privacy law in Japan announced

The Japanese government has released the effective dates of substantial amendments to the Japanese Act on the Protection of Personal Information (“APPI”). The revised Act will fully come into effect on 1 April 2022…more

Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Privacy, Data Protection

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U.S. device makers get 2 years to comply with FDA Quality Management System Regulations final rule

The U.S. Food and Drug Administration (FDA) published its long-awaited final rule to amend the Quality System Regulation’s (QSR’s) current good manufacturing practice (CGMP) requirements for medical devices. The final rule aims…more

FDA Approval, Food and Drug Administration (FDA), Life Sciences, Manufacturers, Medical Devices

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2024: The year of helping the environment – one product at a time

The legislators, regulators and consumers’ focus on products and their impact on the environment is nothing new. What is new however is the variety of products now being considered as within the scope of laws aimed at improving…more

Advertising, Corporate Counsel, Energy Sector, Environmental Claims, Greenwashing

See all updates »

Polish capacity market mechanism

Increasing demand for energy supply, mothballing, phasing out old inefficient power units, and the electricity shortages experienced in the summer of 2015 in Poland these are some of the reasons why Poland has introduced the…more

Energy Market, Energy Sector, Energy Storage, Poland

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New York’s revised bill addressing sovereign debt – proposed change to current 9% interest rate

New York State lawmakers this week proposed a revised champerty and sovereign debt bill (Senate Bill S5623/Assembly Bill A5290) that now includes changes to the current rate of interest provided by the New York Civil Practice…more

Creditors, Debt Restructuring, Interest Rates, Sovereign Debt

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Proposed new U.S. outbound investment restrictions – what this could mean for APAC businesses and investors

The Biden Administration has issued its long-awaited outbound investment screening executive order, which imposes on United States (U.S.) persons notification requirements for certain transactions and outright prohibits U.S…more

Biden Administration, Executive Orders, Foreign Investment, Investors, Notification Requirements

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Hungary – Changes to merger control rules from 2023

The Hungarian Parliament has recently adopted an amendment to the Hungarian Competition Act, in Act LV of 2022, which will enter into force on 1 January 2023 (the “Amendment”).The changes include increased general turnover…more

Anticompetitive Behavior, Antitrust Provisions, Competition, Corporate Counsel, EU

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Acquisition of businesses in financial difficulty as a result of COVID-19: Do buyers still need to wait for prior antitrust/competition clearance?

In the wake of the COVID-19 crisis, many companies will be facing significant financial difficulties for which the only viable solution to remain a going concern will be acquisition by another company. It is safe to predict that…more

Acquisition Agreements, Antitrust Provisions, Competition, Coronavirus/COVID-19, Corporate Sales Transactions

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CMS Issues Draft Guidance on Inflation Reduction Act (IRA) Drug Price Negotiation Program for 2027

On May 3, 2024, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for initial price applicability year (IPAY) 2027 of the Drug Price Negotiation Program established by the IRA. Notwithstanding the agency’s…more

Centers for Medicare & Medicaid Services (CMS), Draft Guidance, Drug Pricing, Inflation Reduction Act (IRA), Medicare

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United States and Canada request consultations under the USMCA over Mexico's energy policies favoring CFE and PEMEX

On 20 and 21 July 2022, the United States and Canada requested consultations with Mexico under the United States-Mexico-Canada Agreement (USMCA) regarding various energy measures that favor Mexico's state-owned electrical…more

Electricity, Energy Policy, Energy Reform, Energy Sector, Foreign Investment

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Munich I Regional Court declares Wirecard’s annual financial statements null and void – what happens now?

Wirecard's insolvency administrator has won a first victory before the Munich I Regional Court. On 5 May, the court declared the annual financial statements for 2017 and 2018, which show balance sheet profits totalling around…more

Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring, Financial Statements, Germany

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Rail industry receives new cybersecurity performance-based security requirements from TSA

On October 18, 2022, the United States Transportation Security Administration (TSA) released a new Security Directive applicable to the rail industry that will require certain owners and operators to implement new,…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Data Security

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Global enforcement trends and priorities: An update from the 2019 ABA Spring Meeting

Representatives from antitrust enforcement agencies around the world converged in Washington, D.C. last week to attend the American Bar Association's 67th Spring Meeting of the Section of Antitrust Law. …more

American Bar Association (ABA), Antitrust Investigations, Antitrust Litigation, Cartels, Enforcement Actions

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Complementary Medicines: the way forward

According to a recent report published by Grand View Research, Inc., it is expected that by 2026, the global complementary and alternative medicine (CAM) industry will generate over USD 200 billion. The CAM industry, which…more

Applications, Life Sciences, Pharmaceutical Industry, Prescription Drugs, Registration

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Deep Dive on the new EU Data Act

Following its formal adoption by the EU Parliament and Council in November, the EU Data Act is about to become the new key pillar of the EU data strategy. The Data Act is widely expected to be a game changer in the market…more

Cybersecurity, Data Privacy, Data Protection, Data Security, EU

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More diversity at the top

On 28 September 2021 the Dutch Senate passed the act ''More balanced gender composition in the management and supervisory boards of large public and private companies'' (the''Act''). The purpose of the Act is to make the ratio…more

Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Gender Equity

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Preparing for the Regulatory Response to ‘Meme’ Stock Investing

The GameStop saga continues to play out nearly six months later, with the SEC and other regulators looking at possible enforcement actions. Hogan Lovells partner Aaron Cutler and Chase Kroll, director of strategic communications…more

Enforcement Actions, Financial Industry Regulatory Authority (FINRA), GameStop, Internet Memes, Investors

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Doręczenia elektroniczne (tzw. e-doręczenia)

Ustawa z dnia 18 listopada 2020 r. o doręczeniach elektronicznych („Ustawa”) wdraża krajowy system doręczeń elektronicznych oraz nakłada na przedsiębiorców wpisanych do Krajowego Rejestru Sądowego („KRS”) lub Centralnej…more

Corporate Governance, Entrepreneurs, Poland

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Polska – wszystkie gwizdki gotowe!

Polska jest bliska przyjęcia przepisów o ochronie sygnalistów, czyli implementacji dyrektywy (UE) 2019/1937 z dnia 23 października 2019 r. w sprawie ochrony osób zgłaszających naruszenia prawa Unii. Projekt ustawy o ochronie…more

Data Protection, Employer Liability Issues, International Labor Laws, Poland, Retaliation

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U.S.: Hogan Lovells New York City and the future: Real estate and beyond

On April 3, 2024, Hogan Lovells hosted a reception in its New York Office to discuss the future of New York City with the man who shaped it, Dan Doctoroff. Doctoroff has held numerous senior positions in the tech and finance…more

Housing Developers, Housing Market, Real Estate Development, Urban Planning & Development

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Rechtliche Zuordnung von grundstücksübergreifenden Tiefgaragen - BGH legt Kriterien zur Beurteilung der Einheitlichkeit eines Gebäudes Fest

In der Grundbuchsache V ZB 12/22 hatte sich der BGH mit der Frage zu beschäftigen, ob eine grenzüberschreitende Tiefgarage, die als rechtmäßiger Überbau errichtet wurde, als eigenständiges Gebäude zu betrachten ist, auch wenn…more

Construction Industry, Construction Project, Germany, Urban Planning & Development

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CJEU: Foreign patent invalidity defence in cross-border case - Attorney General Emiliou Delivers Opinion in BSH Hausgeräte v Electrolux Case (Case C‑339/22)

On 22 February 2024, Attorney-General (AG) Emiliou delivered an opinion in the BSH Hausgeräte/Electrolux case (C‑339/22). The opinion deals with the interpretation of Article 24(4) of the Brussels I bis Regulation in a situation…more

EU, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Corporate Transparency Act declared unconstitutional in Alabama federal court

The court issued a permanent injunction against enforcement by the U.S. Department of the Treasury and its Financial Crimes Enforcement Network (FinCEN) of the Corporate Transparency Act (CTA) for the named plaintiffs only. All…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

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U.S. BIOSECURE Act: Key considerations for global cell, tissue, and gene therapy stakeholders

Efforts to curtail U.S. reliance on biotechnology companies in the People’s Republic of China (PRC) and prevent certain data of U.S. persons from being provided to the Chinese Communist Party (CCP) have come to the fore this…more

Biotechnology, China, Genetic Materials, Life Sciences

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Covid-19 – Keine Leistungspflicht der Betriebsschließungsversicherungen

Zusammenfassung des BGH-Urteils vom 26.01.2022 (IV ZR 144/21) zum Thema Zahlungspflicht der Betriebsschließungsversicherungen bei behördlich angeordneten Betriebsschließungen…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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Actualités Législatives et Réglementaires – Mars 2023

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de mars 2023…more

Capital Markets, Energy Sector, EU, France, Insurance Industry

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GMCQ: Global Media, Technology and Communications Quarterly – Spring/Summer 2020

COVID-19 and IT service provider contracts: A checklist for force majeure events - The COVID-19 pandemic, and the various restrictions that have been implemented in response to it, are causing extraordinary business…more

China, Contract Terms, Coronavirus/COVID-19, Deep Fake, Force Majeure Clause

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Continuing or cured? The suspension of swap payments following an event of default may not be unlimited

The High Court of England and Wales has recently provided welcome clarification around the nature of events of default under derivatives contracts governed by the ISDA Master Agreement, in particular in relation to whether an…more

Capital Markets, Derivatives, EU, Insolvency, ISDA

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Supreme Court skeptical of ALJs role in regulatory enforcement

The Supreme Court, in Securities Exchange Commission v. Jarkesy, is considering the constitutionality of using administrative law judges (ALJs) in securities fraud cases, potentially impacting federal agencies' ability to employ…more

Administrative Law Judge (ALJ), Environmental Protection Agency (EPA), OSHA, SEC v Jarkesy, Securities and Exchange Commission (SEC)

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A Seat at the Table | Hogan Lovells Monthly Food Digest - March 2023

Welcome to A Seat at the Table, Hogan Lovells Monthly Food Digest, where we share our thoughts and insights about some of the past month’s more notable developments when it comes to food regulation…more

Agribusiness, Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Food Manufacturers, Food Safety

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The TGA and the Iron Mask

In 2020, heightened demand for health care resulted in an influx of therapeutic goods being included on the Australian Register of Therapeutic Goods (ARTG). A large portion of these goods are manufactured in China however, due…more

Australia, China, Coronavirus/COVID-19, Infectious Diseases, Life Sciences

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Hong Kong Court of Appeal rules arbitration agreement trumps winding-up petition in insolvency

The Hong Kong Court of Appeal has finally laid to rest the vexed issue of whether an arbitration agreement or a winding-up petition should take precedence in an insolvency situation. In two parallel decisions, the Court of…more

Arbitration Agreements, Hong Kong, Insolvency, Winding Up Petitions

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Restructuring & Special Situations 2022 Year in Review Key insolvency decisions in Hong Kong and the People’s Republic of China

2022 has been a year which has seen significant developments in court-led corporate rescue and insolvency law reform in Hong Kong. In light of the lingering COVID19 pandemic, it was all the more important that the Hong Kong…more

China, Commercial Bankruptcy, Corporate Restructuring, Cross-Border, Debt Restructuring

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London Brands Seminar: NFTs and the Metaverse

On 16 November 2022, partners Joel Smith and Sahira Khwaja and other members of our London brands team, hosted a client seminar on the ‘Metaverse’, including a lively panel discussion with Nicola Wood, Chartered Trade Mark…more

Blockchain, Cryptocurrency, Digital Assets, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection

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Primaries, Polls, and Results: Super Tuesday special edition

Super Tuesday showed us that you should never underestimate the power of endorsements, electability, and momentum on voters, even in this new era of seemingly unlimited targeted advertising, digital outreach, and endless Twitter…more

Bernie Sanders, Elizabeth Warren, Joe Biden, Political Campaigns, Political Candidates

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Innovations in Space: Space mining

A Series on Innovation and Space During this next installment of the Innovations in Space series, our team provides an overview of space mining and the extraction of natural resources in outer space. Space mining and the…more

Aerospace, Innovative Technology, Mineral Extraction, Mining, NASA

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SEC Adota Novos Requisitos de Divulgação de Cibersegurança

A Comissão de Valores Mobiliários (SEC) recentemente promulgou regras finais relativas à divulgação de informações relacionadas à cibersegurança. Quando essas regras entrarem em vigor, as empresas emissoras estrangeiras privadas…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Reporting Requirements, Securities and Exchange Commission (SEC)

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How Autonomous Vehicles Will Change and Shape the Product Liability Market

In this hoganlovells.com interview, Dr. Sebastian Lach discusses the massive liability shift that will occur as autonomous vehicles (AV) hit the roadways and the factors that will influence how insurers calculate risk…more

Auto Insurance, Automotive Industry, Cyber Attacks, Driverless Cars, Due Diligence

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Soft Drinks Industry Levy ("SDIL") – how we can help you

The policy behind SDIL is to reduce childhood obesity by encouraging producers to change the recipes and lower the sugar content of the drinks. The Government estimates that over 50% of manufacturers had done so before SDIL came…more

Beverage Manufacturers, Business Model, Multinationals, Obesity, Plant Based Products

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Early signs of an M&A re-bound in 2024 - A transatlantic view

As we all know, M&A activity in 2023 was down compared to 2022. In the first nine months of 2023, global deal volumes declined 29% (year on year) and in Q3 2023 we saw the worst performance from an M&A perspective in 11 years,…more

Acquisitions, Competition, Merger Controls, Mergers

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Ninth Circuit Finds California’s Dynamex’s “ABC test” for the Proper Classification of Independent Contractors Applies Retroactively

In Vazquez v. Jan-Pro Franchising Int’l, Inc., the Ninth Circuit revived a decade old wage and hour class action and simultaneously dealt a blow to many employers utilizing independent contractors by holding that California…more

ABC Test, Appeals, Class Action, Department of Labor (DOL), Employer Liability Issues

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Norwegian court revokes wind power licences to protect the cultural practice of minorities

On 11 October 2021, Norway's highest court declared a construction licence granted in respect of wind turbines to be invalid, because it breached the right of minorities to practice their culture as set out in art. 27 of the…more

Environmental Assessments, Environmental Impact Statements, International Covenant on Civil and Political Rights (ICCPR), Norway, Project Finance

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Central Bank of Ireland issues Guidance on authorisation of PIs and EMIs and registration of AISPs

On 9 April 2024, the Central Bank of Ireland (the "CBI") issued guidance on the authorisation of payment institutions ("PIs") and Electronic Money Institutions ("EMIs") and the registration of account information service…more

Banking Sector, Banks, Central Bank of Ireland, Financial Institutions, Ireland

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OFAC issues interim final rule amending blocked property and other reporting requirements

The Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued an interim final rule set to take effect August 8, 2024, which amends the Reporting, Procedures, and Penalties Regulations (the “Regulations”)…more

Blocked Person, Economic Sanctions, Office of Foreign Assets Control (OFAC), Reporting Requirements, SDN List

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Luxembourg insolvency law reform: New procedures to safeguard businesses more effectively

On 1 November 2023, the new Luxembourg law of 7 August 2023 on the continuation of businesses and the modernisation of insolvency law (the “New Law”) entered into force. The New Law introduces new safeguard mechanisms designed…more

Corporate Restructuring, Creditors, Debtors, Insolvency, Luxembourg

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Fixed or floating? The English High Court considers the nature of security granted by Avanti

The administrators of Avanti Communications Limited (the “Company”) sought directions from the High Court as to whether purported fixed charges in favour of the secured lenders to the satellite operating business should be…more

Banking Sector, Financial Institutions, Financial Services Industry, Leveraged Finance

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Financial Institutions Horizons 2021

Financial Institutions Horizons is a snapshot of key legal topics and market trends across the globe, shaping the future of the financial institutions market. When we conceived the Horizons series in 2018, the financial…more

Biden Administration, China, Coronavirus/COVID-19, Cybersecurity, Financial Institutions

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HHS highlights significance of new healthcare technologies in series of regulatory actions

Recent U.S. Department of Health Human Services (HHS) regulatory actions emphasize the role emerging technologies play in the provision of healthcare, particularly as clinical innovations proliferate in response to the COVID-19…more

Affordable Care Act, Algorithms, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Food Law Preview - Key issues affecting the food industry in 2024

2024 is poised to be a big year for food regulation, particularly as federal agencies work to implement their regulatory agendas in preparation for a possible change in administration after the 2024 election. Here are the key…more

Food and Drug Administration (FDA), Food Contamination, Food Manufacturers, Food Safety, Food Supply

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Obligaciones Patronales durante la Jornada Electoral

En el marco de las próximas elecciones del 2 de junio, queremos recordarles la importancia de cumplir con las obligaciones patronales establecidas en la Ley Federal del Trabajo para garantizar que todos los trabajadores puedan…more

Employer Liability Issues, International Labor Laws, Mexico, Voting Rights, Wage and Hour

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Tom Sullivan Reflects on His Role as International Bureau Chief

During his remarks at the Winnik Forum, International Bureau Chief Tom Sullivan reflected on the challenges and opportunities of his role as the United States’ top communications diplomat. “Everyone wants to know what the FCC…more

Best Practices, Cybersecurity, FCC, Regulatory Agencies, Telecommunications

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[Webinar] How mortgage companies can respond to and manage the LIBOR SOFR transition - May 20th, 2:00 pm - 3:00 pm EDT

Please join Hogan Lovells and CAPCO for a webinar on Thursday, May 20 for a panel discussion on the LIBOR SOFR transition and how mortgage companies can manage the process. Speakers will discuss transition planning, strategic…more

Banking Sector, Borrowers, Interest Rates, Libor, Mortgage Lenders

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USTR calls for comments on continuation of China Section 301 tariffs

USTR announced that the actions arising from the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation would continue in light of hundreds of…more

China, Imports, Section 301, Tariffs, Trade Relations

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CMS Issues Final Guidance on the Inflation Reduction Act (IRA) Drug Price Negotiation Program

On July 3, 2023, the Centers for Medicare & Medicaid Services (CMS) issued its final guidance on the Drug Price Negotiation Program established by the IRA. CMS showed some willingness to adopt stakeholder suggestions regarding…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Medicare, Medicare Part D

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Vertragsgestaltung im Arbeitsrecht – Festlegung von Zielgrößen zum Frauenanteil und Fristen zu deren Erreichung nach dem Teilhabegesetz

Das am 1. Mai 2015 in Kraft getretene Teilhabegesetz verpflichtet Gesellschaften, die börsennotiert sind oder der Mitbestimmung unterliegen sowie Gesellschaften, die börsennotiert und mitbestimmt sind, zur Festlegung von…more

Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Gender Equity

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New insolvency and bankruptcy law creates opportunities for foreign investment in India

In 2016, the insolvency and bankruptcy landscape in India was radically overhauled by the introduction of the new Insolvency and Bankruptcy Code (IBC)…more

Alternative Investment Funds, Commercial Bankruptcy, Commercial Loans, Debt Buyers, Foreign Investment

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New presumption of causal link relating to AI systems

With the aim of bringing product liability rules into the digital age, the European Commission proposes new rules to address liability claims related to AI systems. Indeed, due to their technical features (among others, opacity,…more

Artificial Intelligence, Corporate Counsel, EU, European Commission, Technology Sector

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EPA finalizes new heavy-duty GHG Phase 3 emission standards for model years 2027-2032

On March 29, 2024, the Environmental Protection Agency (EPA) issued the final rule for “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3” (“Phase 3”) establishing new GHG standards for MYs 2027-2032. The…more

Carbon Emissions, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Zero-Emission Vehicles

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FDA warns animal drug companies over unapproved antimicrobials, identifying “public health concerns”

In December 2023, the U.S. Food and Drug Administration (FDA) issued nine Warning Letters for the manufacture and distribution of unapproved over-the-counter (OTC) antimicrobial animal drugs for use in aquarium fish and birds…more

Animal Drugs, Animal Health, Antimicrobials, Food and Drug Administration (FDA), Pharmaceutical Industry

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SEC proposes rules to prevent fraud and promote transparency in the use of credit default swaps and other security-based swaps

Some investors have used credit default swaps in recent years to manufacture credit events and for other purposes related to activist conduct. In response to criticisms of these practices and in particular to a perception that…more

Credit Default Swaps, Derivatives, Private Equity, Proposed Rules, Securities and Exchange Commission (SEC)

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Inicia investigación antidumping sobre importaciones de calzado originario de China

Secretaría de Economía inicia de oficio investigación antidumping sobre importaciones de calzado originario de China. El 26 de abril de 2024 se publicó en el Diario Oficial de la Federación el inicio de una investigación…more

Anti-Dumping Duty, China, Imports, Investigations, Mexico

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California Attorney General settles with Sephora in first CCPA fine

On August 24, 2022, the California Attorney General’s Office (“AG”) issued a press release regarding a settlement with Sephora, Inc. over allegations that the company violated the California Consumer Privacy Act (“CCPA”) and the…more

Adtech, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy

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Luxembourg, an attractive framework for fund financing

Luxembourg is the largest investment fund center in Europe and the second largest in the world after the United States. It is therefore not surprising that Luxembourg is one of the main jurisdictions currently involved in a wide…more

Financing, Investment Funds, Luxembourg, Private Equity Funds

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Debt Capital Markets – Global Insights – Spring 2020

We are delighted to present the Spring 2020 edition of Hogan Lovells’ Debt Capital Markets Global Insights. This draws together a collection of articles from across our global network, reflecting on current events and topical…more

ABS, Brazil, Capital Markets, Capital Requirements Regulation (CRR), Credit Default Swaps

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Hong Kong – No hiding: mandatory registration of personal information for pre-paid SIM cards

On 1 June 2021, the Hong Kong Government announced that it will enact the Telecommunications (Registration of SIM Cards) Regulation (Regulation) to implement the Real-name Registration Programme for subscriber identity module…more

Consumer Financial Products, Data Protection, Financial Services Industry, Personally Identifiable Information, Prepaid Payment Products

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Restructuring & Special Situations 2022 Year in Review Key insolvency decisions in Hong Kong and the People’s Republic of China

2022 has been a year which has seen significant developments in court-led corporate rescue and insolvency law reform in Hong Kong. In light of the lingering COVID19 pandemic, it was all the more important that the Hong Kong…more

China, Commercial Bankruptcy, Corporate Restructuring, Cross-Border, Debt Restructuring

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Disciplinary, litigation risk - AFRC highlights skill shortage in Hong Kong public interest entity audits

The Accounting and Financial Reporting Council (AFRC) has published its first report on the public interest entity (PIE) audit market in Hong Kong. Reviewing its own survey of PIE auditors, the report highlights high vacancy and…more

Accountants, Accounting, Audits, Corporate Governance, Financial Reporting

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First mover advantage? Reform of abuse control in German competition law

On 14 January 2021, the German parliament passed the long-awaited 10th amendment to the Act against Restraints of Competition (ARC). This came after the governing parties, CDU/CSU and SPD, had submitted a final amendment "at the…more

Antitrust Provisions, Cartels, Competition, EU, Federal Cartel Office (the FCO)

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FERC changes the game for the natural gas pipeline industry

At the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) meeting held on February 17, 2022, FERC announced sweeping changes to its guidance for the certificate process for interstate natural gas pipeline…more

Energy Projects, Energy Sector, Environmental Justice, FERC, Natural Gas

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NLRB decision reverts Trump Board independent contractor test to Obama-era multi-factor test

The National Labor Relations Board (NLRB) has just weighed in on independent contractors – and has overturned the Trump-era standard in favor of the more complex Obama-era standard. In The Atlantic Opera, 372 NLRB 95 (2023), the…more

Employee Definition, Employer Liability Issues, Independent Contractors, Multi-Factor Test, NLRB

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Italy – COVID-19 pandemic: new measures issued by the Italian Government

Last 31st March 2022 the emergency period terminated; the recent Law Decree No. 24/2022 provides, among others, the extension of the “simplified” agile work regime and the gradual elimination of the Green Pass…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, International Labor Laws, Italy

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Gesetzesentwurf zur Einführung von Eletronischen Wertpapieren

Nachdem das Bundesministerium der Justiz und für Verbraucherschutz und das Bundesministerium der Finanzen mit dem Diskussionspapier "Eckpunkte für die regulatorische Behandlung von elektronischen Wertpapieren und Krypto-Token..…more

Blockchain, Capital Markets, Cryptocurrency, Debt Instruments, EU

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Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents…more

Asset Seizure, Bipartisan Agreement, Copyright, Copyright Infringement, Counterfeit Goods Regulation

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NFT at your service – English court grants service of proceedings by blockchain

For the first time, the English court has granted permission for service of proceedings to be effected by non-fungible token (NFT) on the blockchain. The option to serve by NFT may be vital for victims of cryptocurrency fraud in…more

Blockchain, Constructive Trusts, Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT)

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American Rescue Plan Act’s COBRA health care premium subsidy

On March 12, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law, aiming to provide relief to individuals and businesses suffering from the COVID-19 pandemic…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Employee Benefits

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Creditor Duty – the position after the Supreme Court decision in BTI v Sequana and Others

The Supreme Court’s decision in BTI v Sequana & Others represents the most significant ruling on the duties of directors of distressed companies of the past 30 years. This Supreme Court decision considers the balancing exercise…more

Commercial Bankruptcy, Creditors, Debt Restructuring, Insolvency, UK

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Actualités Législatives et Réglementaires – Avril 2024

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois d’avril 2024. Ces Actualités législatives et…more

Advertising, European Union Intellectual Property Office (EUIPO), France, Influencers, Social Media

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Second time´s a charm – Spanish DPA's decision on NOYB vs. Google Analytics Part 2

Following NOYB's filing of 101 complaints over continuous EU-U.S. data transfers by websites operators in the European Economic Area (EEA) in the post-Schrems II era, the Spanish Data Protection Agency (AEPD) issued its first…more

Cybersecurity, Data Collection, Data Protection, EU, General Data Protection Regulation (GDPR)

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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Domain Name News: May 2024

This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Nominet…more

Domain Name Registration, Domain Names, gTLD, ICANN, Intellectual Property Protection

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Engage Finance Newsletter N°26, Mai 2024 – France

Extension de procédure collective en raison d'un compte courant d'associé débiteur Cass. Com., 13 septembre 2023, n°21- 21.693 Par un arrêt en date du 13 septembre 2023, la chambre commerciale de la Cour de cassation a rendu une…more

Banking Sector, Banks, Financial Institutions, Financial Services Industry, France

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Hogan Lovells Living Mobility Spotlight Q&A series

What is Living Mobility? It is easier to say what it is not. The automotive industry is no longer focused on the traditional vehicle. Not only are the vehicles changing but we are now focused on mobility: different modes of…more

Automation Systems, Automotive Industry, Charging Stations, Connected Cars, Driverless Cars

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Actualités Législatives et Réglementaires – Décembre 2023

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de décembre 2023. Ces Actualités législatives et…more

Artificial Intelligence, Climate Change, Data Privacy, Energy Projects, Energy Sector

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Offshore wind projects with Chinese suppliers: Topics you should think about

Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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Enforcement of Emergency Awards – India takes a leap

On 6 August 2021, the Indian Supreme Court ruled that awards of emergency arbitrators in India-seated arbitration would be enforceable in India. This has attracted international attention in relation to the recognition of the…more

Arbitration, Arbitration Agreements, Arbitrators, Dispute Resolution, Indian Supreme Court

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ESG regulation in Singapore – from baby steps to a run

ESG, short for environmental, social, and governance (ESG), refers to the practice of integrating ESG criteria into businesses, to bring about sustainable development outcomes. Coined almost two decades ago in 2004 by a group of…more

Business Strategies, Capital Investments, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Autumn 2019

Read the latest news on antitrust, competition and economic regulation (ACER) in this Autumn's edition of our quarterly ACER newsletter. Algorithms in the spotlight of antitrust authorities - Joint study by the…more

Algorithms, Anti-Competitive, Antitrust Provisions, Antitrust Violations, Belgian Competition Authority

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Summary of principles from recent NEC cases

As a market leading construction team with extensive experience in the NEC suite, Hogan Lovells has prepared a summary of principles from recent case law on NEC that may impact upon the construction industry. …more

Construction Contracts, Construction Industry, Contract Terms, Hong Kong, New Engineering Contracts (NEC Contracts)

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UK: The FCA, Bank of England and PRA issue their strategic approach to regulating AI in response to the government’s AI White Paper

The UK’s financial regulators have responded to the government’s White Paper on its approach to regulating the use of artificial intelligence and machine learning (AI). Publications from the Financial Conduct Authority (FCA),…more

Artificial Intelligence, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry, Prudential Regulation Authority (PRA)

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Every vote counts: Hong Kong court considers Takeovers Code rule in privatization application

The Hong Kong court has recently delivered a key judgment that could affect the validity of privatizations effected by court sanctioned schemes of arrangement or reductions of capital. The decision may affect the wording of…more

Hong Kong, Hong Kong Securities and Futures Commission (HKSFC), Hong Kong Stock Exchange, Listing Rules, Mergers

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New York’s revised bill addressing sovereign debt – proposed change to current 9% interest rate

New York State lawmakers this week proposed a revised champerty and sovereign debt bill (Senate Bill S5623/Assembly Bill A5290) that now includes changes to the current rate of interest provided by the New York Civil Practice…more

Creditors, Debt Restructuring, Interest Rates, Sovereign Debt

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Offshore wind projects with Chinese suppliers: Topics you should think about

Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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FinCEN proposes expanding Bank Secrecy Act requirements to certain investment advisers

On February 13, 2024, U.S. Department of the Treasury’s Financial Crimes Enforcement Network issued a Notice of Proposed Rulemaking seeking to expand the Bank Secrecy Act’s definition of “financial institution” to include…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Financial Institutions, FinCEN

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Partage de la valeur : quelles mesures prévues par le projet de loi ?

Notre équipe sociale revient sur les mesures phares prévues par le projet de loi transposant l’ANI relatif au partage de la valeur au sein de l’entreprise. Projet de loi portant transposition de l'accord national…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Employer Liability Issues, Unions

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COVID-19 IP update: impact on litigation (UPDATED)

Netherlands - Proceedings on the merits in the Netherlands are continuing as normal as possible. This means that new cases can be filed and the exchange of written submissions continues as usual. Oral hearings are for the…more

Administrative Proceedings, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU), Deadlines, Infringement

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CES 2024: AI, Sustainability, Inclusivity and Living Technology

Our cross sector team enjoyed connecting with colleagues and friends at CES 2024 as well as taking a peek into the future. Our key takeaway: AI and sustainability were everywhere. AI applications and sustainability advances were…more

Artificial Intelligence, Automotive Industry, Aviation Industry, Popular, Supply Chain

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FTC’s proposed ban of employer non-competes: Are non-profits exempt?

The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment non-competes, signals a possible sea-change for employers…more

Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements, Proposed Rules

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Regeneration of African Inner Cities

It is said that the shift from rural to urban population is the most significant phenomenon since independence in most African countries. Projections indicate that by 2030, Africa’s population will exceed that of Europe, South…more

Africa, Critical Infrastructure Sectors, Real Estate Market, South Africa, Urban Planning & Development

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Coronavirus Aviation sector update - March 2020

Since its discovery in December 2019, the novel coronavirus that causes the disease COVID-19 has disrupted global business activity and public life on a massive and growing scale. And no one knows how long these disruptions will…more

Aircraft, Airlines, Aviation Industry, Business Interruption, China

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Reform of the EU Emissions Trading System (EU ETS) - Extension of the EU ETS to the shipping sector

On 18 April 2023, the EU Parliament adopted the reform of the EU ETS. As key points, the reform includes stricter requirements for installations already subject to the EU ETS (“ETS I”), the gradual inclusion of maritime…more

Carbon Emissions, Climate Change, Emissions Trading System, Environmental Policies, EU

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No clear picture - Hong Kong court criticises legal representatives in refusing to sanction scheme of arrangement

A Hong Kong court has refused to sanction a scheme of arrangement, saying that practitioners should explain the key terms and effect of any proposed restructuring in a way which can be easily understood by the creditors and the…more

Creditors, Hong Kong, Insolvency, Restructuring

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Brexit: OLG München verneint Rechts- und Parteifähigkeit einer in Deutschland verwalteten UK Limited

"Brexit means Brexit" – so urteilte das OLG München Anfang August dieses Jahres. Das Gericht hatte über die Parteifähigkeit einer Gesellschaft zu entscheiden, die zwar als UK Limited gegründet wurde aber tatsächlich in…more

Cross-Border Transactions, EU, Financial Services Industry, Germany, Member State

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France: Spectacular U-turn on successor criminal liability in M&A transactions

On 25 November 2020 the French Supreme Court (Cour de cassation) overturned its decade-long case law, ruling that corporations may now be held criminally liable for offenses committed by acquired entities prior to the merger…more

Corporate Counsel, Corporate Sales Transactions, Criminal Liability, France, French Supreme Court

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Corporate Transparency Act declared unconstitutional in Alabama federal court

The court issued a permanent injunction against enforcement by the U.S. Department of the Treasury and its Financial Crimes Enforcement Network (FinCEN) of the Corporate Transparency Act (CTA) for the named plaintiffs only. All…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

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With a New Year, Brings a New Rate . . . The Transition from LIBOR Is Now Here

In March 2021, the Financial Conduct Authority (FCA) and the ICE Benchmark Administration, the administrator of LIBOR, announced that sterling, euro, Swiss franc and Japanese yen LIBOR panels, as well as panels for one-week and…more

Banking Sector, Debt Instruments, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry

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Post-Arthrex USPTO interim process creates new options for director review, but parties must act quickly

On June 21, 2021, the Supreme Court handed down a highly-anticipated decision in United States v. Arthrex, Inc., finding that Administrative Patent Judges (“APJs”)—the judges who sit on Patent Trial and Appeal Board (“PTAB”)…more

Administrative Patent Judges, Appointments Clause, Constitutional Challenges, Director of the USPTO, Inter Partes Review (IPR) Proceeding

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SEC adopts significant new cybersecurity disclosure requirements

On July 26, the SEC adopted amendments to Regulation S-K and Exchange Act forms requiring public companies to disclose on a current basis material cybersecurity incidents and to disclose annually information regarding their…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Final Rules, Publicly-Traded Companies

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Arbitration Highlights in the Year of the Dragon

In the year of the dragon, attention turns to the enforcement of arbitral awards. We look at five different Hong Kong decisions where enforcement or set aside has been the central issue often involving arguments of public…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Hong Kong

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SLLs: Recent oversight developments and comparing the LMA, LSTA and APLMA approaches

The LMA published its Draft Provisions for Sustainability-Linked Loans on 4 May 2023, following on from the updated the Sustainability Linked Loan Principles published in February 2023. In this article, we take an in depth look…more

Loan Market Association, Loan Syndication and Trading Association (LSTA), Sustainability, Sustainability-Linked Loans (SLLs), Sustainable Finance

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FTC finalizes rule banning non-compete agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method of…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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After Extensive Public Comments, Federal Civil Rulemaking Committee Approves Revised Rule on MDLs

After seven years of meetings, public hearings, revisions, and written comments, on April 9, 2024, the Judicial Conference’s Advisory Committee on Civil Rules unanimously voted to advance a new Federal Rule of Civil Procedure…more

Class Action, Multidistrict Litigation, Proposed Rules, Public Comment

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5G operators inch closer to accessing critical mid-band spectrum in the 2.5 GHz band

The Federal Communications Commission (FCC) has sought comment on Auction 108’s bidding procedures for new geographic overlay licenses in the 2496-2690 MHz band (or 2.5 GHz band)…more

5G Network, Auction, FCC, Infrastructure, Public Comment

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Spotlight on the U.S.: Panelists discuss navigating the IRA

Hogan Lovells is hosting a special webinar series for Life Sciences and Health Care companies based in, or with commercial interests in, the Asia-Pacific (APAC) region. The series shares topical insights, cost-effective…more

Drug Pricing, Hatch-Waxman, Inflation Reduction Act (IRA), Intellectual Property Protection, Medicare

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HHS final rule requires HIPAA compliance changes for reproductive health care information

The HIPAA Privacy Rule has been modified by the US Department of Health and Human Services (HHS) to increase privacy protections for reproductive health care information. These changes, which will take effect in early 2026,…more

Data Privacy, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Reproductive Healthcare Issues

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The United States and Israel outline strategic alliance in science and emerging technology

Following President Biden’s visit to Israel, the United States and Israel announced a new strategic technology alliance in pandemic preparedness, including disease surveillance, early warning, and rapid countermeasures;…more

Climate Change, Emerging Technologies, Environmental Social & Governance (ESG), Israel, Renewable Energy

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Reminder: Opportunity to comment on draft “healthy” symbols for FDA’s planned consumer research

The U.S. Food and Drug Administration (FDA) has released draft options for a new voluntary “healthy” symbol for packaged foods to depict the nutrient content claim. As previously noted, on 7 May 2021 the FDA issued a notice that…more

Comment Period, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Marketing

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DOJ lays out per se theory of liability for price fixing using algorithms

In recent court filings and public comments, the Department of Justice Antitrust Division (“DOJ” or “the Division”) has stated that price fixing using algorithmic software is per se illegal under the antitrust laws. These…more

Algorithms, Antitrust Division, Department of Justice (DOJ), Per Se Rule, Price-Fixing

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The ECJ Super Bock judgment: What is the status of resale price maintenance under EU law?

With summer kicking in, it may be tempting to enjoy a Portuguese beer and relax far from competition law. Instead, the European Court of Justice (“ECJ”) choses to recall the basics of resale price maintenance (“RPM”) and…more

Competition, EU, European Court of Justice (ECJ), Resale Price Maintenance (RPM), Resale Pricing

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Publication of a new decree aimed at improving energy performance in existing buildings used for tertiary sector activities

Since 2010, French law has required that actions be undertaken to improve the energy efficiency of buildings dedicated to tertiary sector activities in order to optimize their energy performance…more

Commercial Real Estate Market, Data Collection, Educational Institutions, Energy Consumption, Energy Efficiency

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Praca zdalna w Polsce

W Polsce wciąż trwają prace nad regulacjami związanymi z pracą zdalną, które powinny zostać wdrożone przez pracodawców w ciągu 14 dni od daty ich ogłoszenia. Poniżej zamieszczamy nasze podsumowanie dotyczące aktualnego statusu…more

International Labor Laws, Labor Reform, Labour Code, Poland, Remote Working

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Federal Grants & Buy America: OMB issues final guidance for federally funded infrastructure projects

On August 23, 2023, the White House Office of Management and Budget (OMB) issued its final guidance (“Guidance”) implementing the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act (IIJA)…more

Buy America, Construction Project, Infrastructure, Infrastructure Investment and Jobs Act (IIJA), OMB

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CES 2024: AI, Sustainability, Inclusivity and Living Technology

Our cross sector team enjoyed connecting with colleagues and friends at CES 2024 as well as taking a peek into the future. Our key takeaway: AI and sustainability were everywhere. AI applications and sustainability advances were…more

Artificial Intelligence, Automotive Industry, Aviation Industry, Popular, Supply Chain

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Legal and Financial Risk Newsletter – May 2019

UK class actions revived? The Court of Appeal breathes life into Merricks' £14 billion claim against MasterCard - The Court of Appeal has allowed Walter Merricks' appeal of the Competition Appeal Tribunal's (the "CAT")…more

Class Action, Collective Actions, Contract Interpretation, Damages, Farms

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Privilege claimed, privilege protected? English court orders release of "privileged" documents adopting "fraud exception"

The English High Court has issued a stern reminder that legal professional privilege is not absolute, and that orders may be made for the disclosure of documents "notwithstanding any apparent privilege with which they may be…more

Attorney-Client Privilege, Corporate Counsel, Legal Professional Privilege, Privileged Communication

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Digital Assets and Blockchain: 2023 Key Trends

2023 has been a defining year for digital assets and blockchain, with a number of jurisdictions publishing new regulatory frameworks, cementing the importance of digital assets and blockchain into legislation. As the digital…more

Blockchain, Cryptocurrency, Digital Assets, Digital Currency, Virtual Currency

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Impact of the Coronavirus outbreak on M&A and JV Transactions

The outbreak of novel coronavirus 2019-nCoV ("Coronavirus") is an extraordinary challenge for many transactions involving Chinese companies. In this section, we analyse its impact on certain key aspects of mergers and…more

Best Practices, China, Coronavirus/COVID-19, Corporate Sales Transactions, Covered Transactions

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China IP litigation and prosecution statistics: taking a step back to see the bigger picture.

According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly…more

China, Copyright, Copyright Infringement, Criminal Prosecution, Intellectual Property Litigation

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Reminder: New Department of Education rules regarding Professional Licensure Programs are in effect July 1, 2020

As we’ve previously reported in detail, on November 1, 2019, the U.S. Department of Education (ED) published final rules concerning state authorization of distance education programs and other topics. Notably, the new rules…more

Department of Education, Disclosure, Distance Learning, Educational Institutions, Online Education

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Hong Kong Corporate & Regulatory Insights – April 2023

The Stock Exchange of Hong Kong Limited (SEHK) announced new chapter on Listing Rules The SEHK announced on 24 March 2023 the expansion of Hong Kong's listing framework for the listings of Specialist Technology Companies…more

Antitrust Provisions, Capital Markets, Corporate Governance, Data Protection, Environmental Social & Governance (ESG)

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Open for business: China adopts new legislation to further open up its insurance and banking sectors to foreign investors

On 15 October 2019 the State Council in China published the decision on revising the Foreign Insurers in China Regulations and the Foreign-Invested Banks Administrative Regulations (known as the "Decision"). The Decision relaxes…more

China, Financial Institutions, Foreign Investment, New Legislation

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BIS Issues License Exception MED for Russia, Belarus, Crimea, and covered regions of Ukraine

On April 29, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule to add a new license exception for medical devices (License Exception MED) to authorize the export, reexport, and…more

Bureau of Industry and Security (BIS), Exceptions, Export Administration Regulations (EAR), Export Controls, Exports

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The sun also rises – anti-money laundering legal developments in Singapore

2023 is proving an eventful year for Singapore anti-money laundering legislation. In the first half of this year, the Ministry of Home Affairs (MHA) proposed two bills, intended to strengthen the country’s legal framework…more

Anti-Money Laundering, Bank Accounts, Banking Sector, Criminal Liability, Money Laundering

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The reuse and transfer of data held by public sector bodies under the EU Data Governance Act

The Data Governance Act is meant to foster the creation of a single European market for data sharing and re-use to enhance its commercial and scientific potential. Data held by public sector bodies are likely to be of key…more

Cybersecurity, Data Privacy, Data Protection, Data Security, EU

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With a New Year, Brings a New Rate . . . The Transition from LIBOR Is Now Here

In March 2021, the Financial Conduct Authority (FCA) and the ICE Benchmark Administration, the administrator of LIBOR, announced that sterling, euro, Swiss franc and Japanese yen LIBOR panels, as well as panels for one-week and…more

Banking Sector, Debt Instruments, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry

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TSA releases new security directives regarding cybersecurity requirements for the rail industry

On 2 December 2021, the United States Transportation Security Administration (TSA) released two Security Directives applicable to the rail industry that will require certain owners and operators to implement new cybersecurity…more

Critical Infrastructure Sectors, Cybersecurity, Department of Homeland Security (DHS), Homeland Security Cybersecurity & Infrastructure Security Agency (CISA), Mass Transit

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DER aggregation is coming to wholesale markets, but when?

On September 17, 2020, the Federal Energy Regulatory Commission (FERC) issued a rule, Order 2222, calling for tariff changes to permit the aggregation of distributed energy resources (DERs) in wholesale markets. In a unique…more

Distributed Energy Resources (DERs), Electricity, Energy Market, Energy Sector, FERC

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Enforcement of Emergency Awards – India takes a leap

On 6 August 2021, the Indian Supreme Court ruled that awards of emergency arbitrators in India-seated arbitration would be enforceable in India. This has attracted international attention in relation to the recognition of the…more

Arbitration, Arbitration Agreements, Arbitrators, Dispute Resolution, Indian Supreme Court

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The US$4.5 billion Bitfinex hack – five things you should know

The hack of the Hong-Kong based crypto-exchange Bitfinex has been described as the “heist of the century”. Where a crypto-asset is in play in litigation, in particular as a potential target for enforcement, parties should be…more

Bitcoin, Blockchain, Crypto Exchanges, Cryptoassets, Cryptocurrency

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Veille juridique DROIT PUBLIC / INFRASTRUCTURES du 24 mai 2024

L’équipe de Droit Public du bureau de Paris vous propose de retrouver l’actualité récente française et européenne concernant le droit des contrats publics et le droit de la commande publique. Vous bénéficiez d’une sélection…more

France, Procurement Guidelines, Public Contracts, Public Procurement Policies, Public Projects

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Auditors’ liability – English case casts doubt on effectiveness of disclaimers in negligence actions

A recent English case may cause concern amongst Hong Kong auditors hoping to protect themselves from liability towards third parties by the inclusion of standard disclaimer wording in their engagement agreements. The decision –…more

Auditors, Audits, Duty of Care, Negligence, UK

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COVID-19 – Project financing key considerations

The impact of the coronavirus disease (COVID-19) cannot be underestimated. It is now time critical and project participants must be alive to the rapidly evolving COVID-19 outbreak and the consequential impact on their projects…more

China, Coronavirus/COVID-19, Crisis Management, Delays, Force Majeure Clause

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Die Reform der Betriebsratsvergütung nimmt Gestalt an - Regierungsentwurf eines Zweiten Gesetzes zur Änderung des Betriebsverfassungsgesetzes

Die Bundesregierung hat am 1. November 2023 einen Regierungsentwurf eines „Zweiten Gesetzes zur Änderung des Betriebsverfassungsgesetzes“ verabschiedet, welcher sich mit der Vergütung von Betriebsräten befasst. Darin wurden die…more

Employer Liability Issues, Germany, International Labor Laws, Remuneration, Wage and Hour

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The new ‘estate’ of play: Supreme Court limits the management functions of Right to Manage companies.

The Supreme Court has held that Right to Manage Companies acquire the right to manage the premises/flat itself and any physical property over which leaseholders have exclusive rights, but do not acquire rights to manage wider…more

Landlords, Leaseholds, Leases, Property Management Companies, Residential Leases

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Protocol for the use of technology in international arbitration hearings - Version 2.0

The use of technology in international arbitration has continued to increase over the years, and in 2020 the international arbitration community used technology to help overcome various challenges to the adjudication of…more

Arbitration, Arbitration Agreements, Cybersecurity, Data Protection, International Arbitration

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No DAML, no trouble: Two new “pay away” exemptions under the UK Proceeds of Crime Act 2002

The Economic Crime and Corporate Transparency Act 2023 (ECCTA) introduces two new "pay away" exemptions to the principal money laundering offences in sections 327, 328 and 329 of the Proceeds of Crime Act 2002 (POCA)…more

Corporate Transparency Act, Financial Crimes, Money Laundering, National Crime Agency (NCA), Proceeds of Crime Act 2002 (POCA)

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Inside the FDA Advanced Manufacturing Technologies Designation Program

On Tuesday, the U.S. Food and Drug Administration (FDA) launched a new program for entities using or developing advanced manufacturing technologies that is intended to expedite development and assessment of applications for…more

Food and Drug Administration (FDA), Life Sciences, Manufacturers, Pharmaceutical Industry, Prescription Drugs

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FinCEN provides regulatory relief to casinos, allowing “non-documentary” identification verification

On October 19, 2021, FinCEN, the U.S. Government’s lead AML regulator, exercised its regulatory relief authority to allow casinos and card clubs to employ “non-documentary means” to verify patrons’ identity. The original rules…more

Anti-Money Laundering, Casinos, CIP, Employee Training, FinCEN

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NY physician practice, MSO, and other health care transactions affected by new reporting rules

The New York legislature recently enacted new reporting requirements that will affect health care transactions across the state. Effective August 1, 2023, certain “material” mergers, acquisitions, affiliation agreements, and…more

Corporate Sales Transactions, Health Care Providers, Healthcare, Hospital Mergers, Joint Venture

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Restablecimiento de Medidas Asimétricas a Pemex en Ventas de Primera Mano y Comercialización

El 15 de junio de 2023, la Suprema Corte de Justicia de la Nación otorgó un amparo a diversas empresas que implica el restablecimiento de medidas asimétricas que fueron impuestas por la Comisión Reguladora de Energía (“CRE”) a…more

Energy Reform, Energy Sector, Hydrocarbons, Mexico, Oil & Gas

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Rail in Great Britain: it’s time to engage

The rail sector in Great Britain is about to experience the most significant structural change since privatisation. The Government is abandoning the current franchise-based model, in favour of a new “Passenger Rail Contract”…more

Infrastructure, Privatization, Public Procurement Policies, Public Projects, Railroads

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Cyber risk management – the HKMA’s Regtech Adoption Practice Guide

On 26 January 2022, the Hong Kong Monetary Authority (HKMA) published its fifth edition of the Regtech Adoption Practice Guide (the Guide) focusing on cyber risk management regulatory technology (Regtech) solutions. The Guide…more

Cybersecurity, Financial Institutions, Financial Services Industry, FinTech, Hong Kong

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A clear link – extra territorial application of Australian Privacy Act explained

Earlier this year, the Administrative Appeals Tribunal handed down its decision in a matter between Clearview AI and the Australian privacy regulator, the Office of the Australian Information Commissioner. Crucially, this…more

Australia, Data Privacy, Office of Australian Information Commissioner (OAIC), Personal Information

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China finalizes facilitation measures for data flows within GBA

On December 13, 2023, the Cyberspace Administration of China (“CAC”) and the Innovation, Technology and Industry Bureau of the Hong Kong Special Administrative Region (“Hong Kong”) Government (“HK ITIB”) jointly released the…more

China, Cybersecurity, Data Privacy, Data Protection, Data Security

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Private equity – Navigating manager exits and management incentives in challenging times

This article discusses the key issues to be considered where a senior executive’s employment is to be terminated and the management incentive plan needs a reset, all in the context of operating in times of economic stress. This…more

Incentive Compensation, Investment, Investors, Portfolio Companies, Private Equity

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TSA issues second cybersecurity directive for pipeline companies

The U.S. Department of Homeland Security (DHS) announced the issuance of a second security directive (Directive) that requires owners and operators of certain critical pipelines carrying hazardous liquids and natural gas to…more

Critical Infrastructure Sectors, Cybersecurity, Department of Homeland Security (DHS), Oil & Gas, Pipelines

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Se Reforma la Constitución de la Ciudad de México en Materia de Agua y Vivienda.

El Congreso de la Ciudad de México reformó la Constitución local con el fin de profundizar en el derecho a una “ciudad solidaria” y el ordenamiento territorial, específicamente los derechos fundamentales a la vivienda, así como…more

Drinking Water, Mexico, Wastewater, Water

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Creditor Duty – the position after the Supreme Court decision in BTI v Sequana and Others

The Supreme Court’s decision in BTI v Sequana & Others represents the most significant ruling on the duties of directors of distressed companies of the past 30 years. This Supreme Court decision considers the balancing exercise…more

Commercial Bankruptcy, Creditors, Debt Restructuring, Insolvency, UK

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Why Mexico is attracting foreign investors considering nearshoring in the Americas

Mexico is uniquely positioned to benefit foreign investors considering nearshoring. Not only Mexico’s geographical location in North America allures investors, but also its attractive maquila and other trade programs, labor…more

Cross-Border Transactions, Foreign Investment, Free Trade Agreements, NAFTA, National Security

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EPA grants Louisiana primacy for issuing Title VI Well Permits

On December 28, 2023 the Environmental Protection Agency (EPA) signed the final rule on the State of Louisiana Underground Injection Control Program; Class VI Primacy, which gave the State of Louisiana oversight over permitting…more

Carbon Capture and Sequestration, Environmental Protection Agency (EPA), Final Rules, Safe Drinking Water Act

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Silicon Valley Bank UK Limited FAQs

Silicon Valley Bank (SVB), the US’s 16th largest bank, was closed on Friday 10th March 2023. SVB’s UK operations were conducted through its subsidiary, Silicon Valley Bank UK Limited (SVBUK)…more

Banking Sector, Deposit Insurance, FDIC, Financial Crisis, Financial Institutions

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Indexierung in Zeiten hoher Inflation

Die Inflation steigt und damit auch die Indexmieten. Lag der Mittelwert der Inflation vor Beginn der Ukrainekrise noch bei 1,37 % p.a., betrug die Inflationsrate nunmehr im Juni 6,4 % im Vergleich zum Vorjahresmonat. Wer einen…more

Consumer Price Index, Germany, Leases, Rent

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Covid-19 IP Update: Intellectual Property Office developments (UPDATED)

EUIPO - For those with European Union Trademarks (EUTMs), the European Union Intellectual Property Office (EUIPO) in Alicante, Spain remains open although all staff are now working from home and it has extended all deadlines…more

China, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU), EU, European Union Intellectual Property Office (EUIPO)

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How to deal with data protection and network security issues in M&A operations in the Asia-Pacific region

In recent years, the Asia-Pacific region has been the central hub of M&A activities. Even in 2020, when investment activities are hit by the new crown epidemic, the Asia-Pacific region is still relatively independent. Despite…more

Asia Pacific, Asset Purchase Agreements, Corporate Sales Transactions, Cybersecurity, Due Diligence

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IVASS consults again to review the regulatory framework governing unit and index linked products

On 28 March 2024, IVASS launched a second public consultation on a draft regulation regarding unit and linked insurance products. The purpose of the draft regulation is to lay down the rules aimed at updating, in line with…more

Insurance Contracts, Insurance Industry, Insurance Regulations, Italy, IVASS

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International products law review 2020: Issue 77

We're excited to bring you issue 77 of our "International products law review" with insights and updates on all aspects of products law. In this issue, provide updates on COVID-19, address promoting the circular economy…more

Consumer Product Companies, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Drones, EU

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Extraordinary profits created under restructurings according to German law – to be exempt or not to be exempt, that is the question!

Recently the German legislature passed a new law, exempting extraordinary profits created by the waiver of claims under restructurings from income tax liability…more

Business Profits, EU, Exemptions, Germany, Income Taxes

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OFAC issues general licenses authorizing certain transactions involving the government of Venezuela

On 5 November 2019 the Office of Foreign Assets Control (OFAC) issued two new general licenses authorizing certain transactions involving the government of Venezuela (GOV) and certain individuals affiliated with the GOV, which…more

Economic Sanctions, Executive Orders, General Licenses, Office of Foreign Assets Control (OFAC), Venezuela

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Spanish Implementation of Copyright Directive is here: Legislative Update

Spain has transposed the EU Copyright Directive and has included several amendments to the Spanish Copyright Act. Among the most notable highlights of the new act that sparked debate both at EU and national levels, we now find…more

Advertising, Copyright, E-Commerce, EU, Freedom of Expression

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COVID-19 IP update: impact on litigation (UPDATED)

Netherlands - Proceedings on the merits in the Netherlands are continuing as normal as possible. This means that new cases can be filed and the exchange of written submissions continues as usual. Oral hearings are for the…more

Administrative Proceedings, Coronavirus/COVID-19, Court of Justice of the European Union (CJEU), Deadlines, Infringement

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An overview of the impact of Mexico's new Electric Power Industry Law on foreign investors operating in the power sector in Mexico

Disputes involving statutory and regulatory changes are traditionally subject to litigation before local courts or local administrative bodies. Nonetheless, international investment arbitration offers foreign investors an…more

Arbitration, Competition, Foreign Investment, Infrastructure, Mexico

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Domain Name News: May 2024

This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Nominet…more

Domain Name Registration, Domain Names, gTLD, ICANN, Intellectual Property Protection

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FTC disputes new slate of Orange Book patents for weight loss, diabetes, asthma, and COPD drugs

On April 30, 2024, the Federal Trade Commission (FTC) announced that it sent a new set of warning letters to ten pharmaceutical companies. The letters inform the companies that the FTC has notified the Food and Drug…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), Life Sciences, Orange Book, Patents

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Updated OCR guidance does not solve HIPAA’s tracker uncertainty

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance concerning compliance obligations for HIPAA covered entities and business associates using online tracking…more

Business Associates, Covered Entities, Data Collection, Data Protection, Department of Health and Human Services (HHS)

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Brazil Creates a Data Protection Authority

On 14 August 2018 Brazil approved its new General Data Privacy Law (Lei Geral de Proteção de Dados Pessoais or “LGPD”) – a comprehensive law that closely mirrors the European Union’s General Data Privacy Regulation (“GDPR”)…more

Brazil, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Öffentliche Übernahmen in Deutschland Newsletter 2023

Herzlich willkommen zur sechsten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2022 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Capital Markets, Foreign Investment, Germany, Mergers

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Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

Virtually all industries are being reshaped with the use of Artificial Intelligence and advanced machine-learning. Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social…more

Antitrust Provisions, Artificial Intelligence, Asia Pacific, Connected Cars, Connected Items

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Affordable Innovation: Reduced official fees for design registration

The Hong Kong Designs Registry has recently announced a reduction in official fees relating to design registration and post-registration services. The reduction of fees is one of the initiatives outlined in the Chief Executive's…more

Design Registration, Fees, Hong Kong, Intellectual Property Protection

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Summary of key U.S. and EU regulatory developments relating to securitization transactions

Overview - Numerous regulatory developments were enacted or proposed in the United States and the European Union in response to the financial crisis. Although some of the proposed changes are still in the process of being…more

Alternative Investment Fund Managers Directive (AIFMD), Capital Markets, Capital Requirements Regulation (CRR), CRA, CRD IV Directive

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Emisión de Guía Técnica como auxiliar en el proceso de obtención del Dictamen de Impacto Urbano y Autorización de Impacto Ambiental

El pasado 27 de febrero del 2023 se publicó en la Gaceta Oficial de la Ciudad de México la emisión de la “Guía Técnica para la elaboración de los estudios para el Dictamen de Impacto Urbano y Autorización de Impacto Ambiental”…more

Construction Industry, Construction Project, Environmental Impact Statements, Mexico, Real Estate Development

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New national guidelines for the continuity of economic activities due to COVID-19

Federal Authorities issued new National Guidelines for the Continuity of Economic Activities due to COVID-19 (The “Guidelines”). The Guidelines must be applied in all the Mexican Republic and are applicable to all work…more

Coronavirus/COVID-19, Emergency Management Plans, Health and Safety, Infectious Diseases, Mexico

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Offshore wind projects with Chinese suppliers: Topics you should think about

Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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New year, new views - arbitration highlights in the Year of the Rat

As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England. …more

Arbitral Authority, Arbitration, Arbitration Agreements, Arbitration Awards, Business Disputes

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Emisión de Guía Técnica como auxiliar en el proceso de obtención del Dictamen de Impacto Urbano y Autorización de Impacto Ambiental

El pasado 27 de febrero del 2023 se publicó en la Gaceta Oficial de la Ciudad de México la emisión de la “Guía Técnica para la elaboración de los estudios para el Dictamen de Impacto Urbano y Autorización de Impacto Ambiental”…more

Construction Industry, Construction Project, Environmental Impact Statements, Mexico, Real Estate Development

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Luxembourg, an attractive framework for fund financing

Luxembourg is the largest investment fund center in Europe and the second largest in the world after the United States. It is therefore not surprising that Luxembourg is one of the main jurisdictions currently involved in a wide…more

Financing, Investment Funds, Luxembourg, Private Equity Funds

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Are standard form construction contracts fit for the 'Smart Infrastructure' of the future?

Infrastructure projects increasingly involve constructing both physical infrastructure and digital infrastructure works. But the current standard form construction contracts have not been designed to address the risks particular…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Infrastructure

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20-year legal dispute over two seconds of music: CJEU on the never-ending sampling story

German courts have been dealing with the Metall auf Metall [song by the German band Kraftwerk] case for two decades. Recently, the CJEU, too, has had to deal with the case and ruled by judgment of 29 July 2019 (C-476/17) that…more

Artistic Works, Audio Recording, Corporate Counsel, Court of Justice of the European Union (CJEU), Digital Sampling

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Compensation claims for hotel operators

The prohibition of the use of certain hotel facilities ordered by the countries responsible for the enforcement of the German Infection Protection Act ("IfSG") can have serious economic consequences. Already with the ordinances…more

Business Closures, Business Losses, Coronavirus/COVID-19, EU, Germany

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Warehouse fund structures – an alternative capital source for sponsors managing COVID-19 affected fundraisings

The market disruption brought about by the COVID-19 pandemic has caused particular challenges for private capital sponsors fundraising. We understand that various first-time fund sponsors have been postponing fundraising due to…more

Capital Raising, Coronavirus/COVID-19, Infectious Diseases, Investment, Limited Partnerships

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Japan's offshore wind market

This alert summarizes the outcome of the Third Joint Meeting and the future direction of discussion surrounding the selection of business operators for the promotion zones based on the proposal shared by the Secretariat of the…more

Auction, Clean Energy, Energy Policy, Japan, Offshore Wind

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Second Circuit holds that general contractor doesn’t have to be satisfied in full for real estate developer to assume and assign Ground Lease in bankruptcy

In a recent decision, the Second Circuit held that only parties with the right to pursue a breach of contract claim under an executory contract or unexpired lease have the right to demand a cure payment in the event the…more

Bankruptcy Code, Breach of Contract, Commercial Bankruptcy, Construction Contracts, Executory Contracts

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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The year in review – a close look at China’s merger control since the amendment of the Anti-Monopoly Law

Looking back on the year 2023, this alert aims to give an update on the state of play in Chinese merger control. In particular, it looks at how merger control has evolved since China’s main antitrust statute – the Anti-Monopoly…more

Anti-Monopoly, Antitrust Provisions, China, Competition, Merger Controls

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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A new division within the DIFC Courts, the Technology and Construction Division

The DIFC Courts, last week, published Part 56 (Technology and Construction Division) of the Court Rules ("Part 56") marking the launch of the Court's new division - the Technology and Construction Division ("TCD"). This follows…more

Construction Defects, Construction Industry, DIFC, Dubai, Engineering

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UK snap general election stalls the progression of Bill intended to reform the English Arbitration Act 1996

The UK government’s decision to call a snap general election has stalled the progression through Parliament of the Arbitration Bill, which was drafted to implement the Law Commission’s recommendations to modernise and streamline…more

Arbitration, Arbitration Agreements, Arbitrators, International Arbitration, UK

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California Consumer Privacy Act: The Challenge Ahead – Consumer Litigation and the CCPA: What to Expect

This post discusses litigation exposure that businesses collecting personal information about California consumers should consider in the wake of the California Legislature’s passage of the California Consumer Privacy Act of…more

Business Litigation, California Consumer Privacy Act (CCPA), Consumer Information, Consumer Protection Laws, Corporate Counsel

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ESG Market Alert – March 2024

In this alert, we provide a round-up of the latest developments in ESG for UK corporates. In this month’s ESG Market Alert, we cover: FRC omits references to ESG in revised UK Corporate Governance Code U.S. Securities and…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Publicly-Traded Companies

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DOJ and FTC update Second Request guidance to address the use of ephemeral messaging applications

On January 26, 2024 the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) announced1 that the standard preservation letters and specifications for all voluntary access letters, second requests, and compulsory…more

Antitrust Division, Antitrust Investigations, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Global outlook: How ESG factors are impacting real estate decision-making in the UK, US and Europe

This year more than ever we are seeing ESG ripples echoing across all industries, sectors and geographies, whether from new laws and regulations, climate related disclosures, green property management or re-evaluation of estate…more

Carbon Emissions, Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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Germany takes a tougher stance against bypassing Russia Sanctions via third countries

Coinciding with the anniversary of Russia’s invasion of Ukraine, Germany has demonstrated a tougher stance in the enforcement of the EU sanctions. These actions serve as a stark reminder to companies to bring their export…more

Dawn Raids, Economic Sanctions, End-Users, EU, Export Controls

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Gesetzesentwurf zur Einführung von Eletronischen Wertpapieren

Nachdem das Bundesministerium der Justiz und für Verbraucherschutz und das Bundesministerium der Finanzen mit dem Diskussionspapier "Eckpunkte für die regulatorische Behandlung von elektronischen Wertpapieren und Krypto-Token..…more

Blockchain, Capital Markets, Cryptocurrency, Debt Instruments, EU

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Food Contact Materials : “Have your say” on the EU proposal to ban BPA

The European Commission recently put forward a draft proposal for a Regulation introducing a ban on the use of Bisphenol A (BPA) in food contact materials. As part of this legislative process, the European Commission has…more

EU, European Food Safety Authority (EFSA), Food Manufacturers, Food Safety, Food Supply

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Poland enacts new measures in response to COVID-19

This week new facilitations and limitations in connection with COVID-19 were introduced in Poland. They include the exemption from taxes on import and intracommunity purchase of selected goods and a new ban on the export of…more

Coronavirus/COVID-19, Countervailing Duties, Export Controls, Exports, Federal Bans

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German Federal Labour Court (BAG): Recording working time legally compliant – but how? Can the reasons of the BAG for its decision published on 3 December 2022 bring light into the darkness?

In a surprising decision of 13 September 2022 (1 ABR 22/21), the BAG ruled that companies are already obliged to introduce a system for recording working time. With this decision, the BAG has surpassed the German legislator: the…more

Court of Justice of the European Union (CJEU), Employer Liability Issues, Employment Litigation, EU, Germany

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Critical Raw Materials Act: The European Union wants to reduce dependency

Rare earths, lithium and other raw materials are of enormous importance for future technologies. The demand for such "critical raw materials" will continue to increase in the future. However, the European Union has so far almost…more

Energy Sector, Energy Storage, Imports, Manufacturers, Solar Panels

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Will UK issuers benefit from the EU's proposed introduction of lighter prospectus disclosure requirements pursuant to the EU Recovery Prospectus?

On 20 July 2020, the European Commission (Commission) adopted a capital markets recovery package as part of its overall COVID-19 recovery strategy. As part of the package, the Commission released a proposal to amend the…more

Capital Markets, Coronavirus/COVID-19, EU, European Commission, Prospectus

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EPA designates PFOA and PFOS as hazardous substances under CERCLA

The U.S. Environmental Protection Agency (EPA) has designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Frozen assets report due 11 November for UK Persons holding or controlling frozen assets

On 2 September 2022, HM Government – through the Treasury – exercised its power to request information by issuing a financial sanctions notice requesting that all persons that hold or control funds or economic resources…more

Anti-Money Laundering, Foreign Relations, Frozen Assets, HM Treasury, Reporting Requirements

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Appeals and challenges under the Arbitration Act 1996: Not so appealing anymore?

It is well-recognised that an advantage of London-seated arbitration is the limited grounds on which an arbitration award may be challenged or appealed in the English courts…more

Appeals, Arbitration, Arbitration Award Challenges, Arbitration Awards, Jurisdiction

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“Root-and-branch attack” successfully defended: issues from the Adler sanction decision examined

On Friday 21 April 2023, the English High Court (Mr Justice Leech) handed down its reasons for sanctioning the Part 26A restructuring plan (the “Plan”) between AGPS BondCo plc (the “Plan Company”) and six classes of its…more

Commercial Bankruptcy, Corporate Restructuring, Creditors, Debt Restructuring, Insolvency

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Protección del Patrimonio Cultural de los Pueblos y Comunidades Indígenas y Afromexicanas

Ha sido publicada la Ley Federal De Protección Del Patrimonio Cultural De Los Pueblos y Comunidades Indígenas Y Afromexicanas que tiene como objetivo el reconocimiento y protección al derecho colectivo de propiedad del que son…more

Diversity, Heritage & Culture, Human Rights, Mexico

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The False Claims Act Guide: 2022 and the road ahead - Anti-kickback causation in FCA suits: text or purpose?

The emerging circuit split on the causation standard used to identify claims “resulting from” violations of the Anti-Kickback Statute (AKS) for purposes of the False Claims Act (FCA) raises proof problems for relators and the…more

Anti-Kickback Statute, But For Causation, Causation, False Claims Act (FCA), Health Care Providers

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[Webinar] Navigating the Ins and Outs of Research Misconduct-related Litigation and Enforcement: Emerging Trends and Hot Topics - September 13th, 11:00am PT

Historically, research misconduct allegations have been investigated and resolved using specialized administrative procedures. Now, increasingly, research misconduct matters carry with them increased litigation and enforcement…more

Continuing Legal Education, False Claims Act (FCA), Scientific Research, Webinars, Willful Misconduct

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ESG Regulation Monthly Round-Up - October 2022

After a relatively quiet August in the area of sustainable finance-related disclosures, we have looked back throughout September 2022 and summarised the key points coming out of the EU…more

Business Strategies, Corporate Governance, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA)

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FDA broadens scope on communication about unapproved uses to HCPs

The U.S. Food and Drug Administration (FDA) published new draft guidance on “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical Products” (SIUU…more

Food and Drug Administration (FDA), Health Care Providers, Pharmaceutical Industry, Prescription Drugs

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Trademark Insight 05/2023 – European Union & Germany // Country Focus - Italy

Dear Readers, We are pleased to introduce an innovation in this issue of TRADEMARK INSIGHT: In response to many suggestions, in each issue, after the usual summaries of German and European trademark case law, we will put a…more

EU, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Italy, Trademark Application

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Hold on! China’s Trademark Office issues rules regarding the suspension of trademark review cases

The China National IP Administration (“CNIPA”) recently issued the "Specifications for Suspension of Trademark Review Cases" (“《评审案件中止情形规范》”, "Specifications"), in which it provides a set of rules for the suspension of trademark…more

China, CNIPA, Intellectual Property Protection, International Trademark Protection, Trademarks

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Energy snippets

The world will get half its power from wind, solar by 2050 - Nearly half the world’s electricity will come from renewable energy by 2050 as costs of wind, solar and battery storage continue to plummet. That titanic shift…more

Electricity, Energy Policy, Energy Projects, General Electric, Hydropower

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HUD and DOJ Signal Easing of FCA Enforcement in FHA Residential Mortgage Lending Through Interagency Memorandum

On October 28, 2019 the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Justice (DOJ) released a Memorandum of Understanding (MOU) announcing their joint approach to False Claims Act (FCA)…more

Administrative Proceedings, Administrative Review Board, Consumer Financial Products, Department of Justice (DOJ), Depository Institutions

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New frontiers and evolving risks in U.S. and U.K. human rights litigation

International corporates are coming under growing pressure from claimants seeking to hold them liable for acts committed overseas, often by subsidiaries or suppliers. Claimant firms in the U.S. and the UK are finding…more

Alien Tort Statute, Best Practices, Corporate Social Responsibility, Due Diligence, Environmental Social & Governance (ESG)

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EU Class Action Update - Progress in France, Germany, Italy, the Netherlands, Poland and Spain

By 25 December 2022, all EU Member States were expected to have adopted and published, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2020/1828 on representative actions for the…more

Class Action, Collective Actions, Collective Redress, EU, Member State

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Spain’s exit of the Energy Charter Treaty is official: what now?

The Energy Charter Treaty and the Protocol were signed in December 1994 to promote international investment in the energy sector. On 16 April 2024, Spain gave written notice of its decision to withdraw from the ECT and on 14 May…more

Energy Charter Treaty, Energy Sector, ICSID, International Arbitration, Investors

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COVID-19 in Poland: Tax alert no.1

In anticipation of the draft government shield package for entrepreneurs, we present below the tools resulting from applicable regulations that you can use already today to eliminate the negative economic effects of the spread…more

Coronavirus/COVID-19, Poland, Taxation

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New ICO guidance on direct marketing using electronic mail and live calls

The Information Commissioner's Office (ICO) has published new guidance on direct marketing using electronic mail and live calls, aimed at providing a more detailed overview of the rules on direct marketing as well as practical…more

Direct Marketing, Email, General Data Protection Regulation (GDPR), Information Commissioner's Office (ICO), Marketing

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Leaked Italian AI draft bill reveals national push to anticipate AI Act

The Italian Government is working on a national draft law on AI with the aim of regulating the transparent and responsible use of AI and of laying down the principles on research, experimentation, development, adoption and…more

Artificial Intelligence, Innovative Technology, Italy, Machine Learning, Technology Sector

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Luxembourg, an attractive framework for fund financing

Luxembourg is the largest investment fund center in Europe and the second largest in the world after the United States. It is therefore not surprising that Luxembourg is one of the main jurisdictions currently involved in a wide…more

Financing, Investment Funds, Luxembourg, Private Equity Funds

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The UK General Election 2024: immediate implications for business

Following the announcement of the UK General Election, now is the time for businesses to prepare their strategies for engagement with the future government. That means understanding the likely policy positions, considering the…more

Business Plans, Commercial Contracts, General Elections, UK

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2023 Doing Business in the United States

The U.S. is one of the easiest jurisdictions in the world in which to do business and continues to be the world’s top destination for foreign direct investment. Regulatory barriers are generally low, establishing a branch or…more

Board of Directors, CFIUS, Chapter 11, Chapter 7, Commercial Bankruptcy

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COVID-19: a checklist for dealing with contractual default and renegotiation

COVID-19 is likely to have a significant impact on the (non-)performance of commercial contracts across all sectors. This note provides a high-level checklist of some of the key issues to consider when dealing with an actual or…more

Contract Disputes, Contract Negotiations, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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CMS Issues Draft Guidance on Inflation Reduction Act (IRA) Drug Price Negotiation Program for 2027

On May 3, 2024, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for initial price applicability year (IPAY) 2027 of the Drug Price Negotiation Program established by the IRA. Notwithstanding the agency’s…more

Centers for Medicare & Medicaid Services (CMS), Draft Guidance, Drug Pricing, Inflation Reduction Act (IRA), Medicare

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COVID-19 and contractual force majeure: a simple checklist

Email overload on whether COVID-19 triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point, jargon-free checklist on what…more

Act of God, Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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NIST refines Cybersecurity Security Framework, with increased focus on governance and supply chain

NIST has updated its widely used Cybersecurity Framework to provide key updates and practical resources for organizations to manage and discuss cybersecurity risk. The updated framework, which remains voluntary, is designed to…more

Cybersecurity, Cybersecurity Framework, NIST, Popular, Risk Management

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Employment in the news | May 2024

April was a smorgasbord of developments, with a UK Supreme Court case on detriments and industrial action and two EAT decisions on international jurisdiction. In Parliament, another family-friendly bill is proceeding with…more

Employee Benefits, Employer Liability Issues, Paternity Leave, UK, Wage and Hour

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Clinical trials in Spain: Takeaways from the new code of conduct (Part 1)

Last week we raised our hands to inform you about the Spanish Data Protection Authority’s approval of the "Code of Conduct on the processing of personal data in the field of clinical trials and other clinical research as well as…more

Clinical Trials, Code of Conduct, Cybersecurity, Data Controller, Data Processors

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Summary of key U.S. and EU regulatory developments relating to securitization transactions

Overview - Numerous regulatory developments were enacted or proposed in the United States and the European Union in response to the financial crisis. Although some of the proposed changes are still in the process of being…more

Alternative Investment Fund Managers Directive (AIFMD), Capital Markets, Capital Requirements Regulation (CRR), CRA, CRD IV Directive

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Environmental Law outlook under a Biden Administration

The Biden administration, now set to take office in January 2021, will face unprecedented challenges. These challenges, including the coronavirus pandemic, President Trump’s legal challenges to the election results, the call to…more

Arctic Drilling, Biden Administration, Clean Power Plan, Climate Change, Deregulation

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Planning to Implement eSignatures in your business in Mexico? First read this

Although electronic signatures are valid in Mexico since the year 2000, due to COVID-19, their use has become more widespread. …more

Contract Drafting, Contract Formation, Coronavirus/COVID-19, E-Signatures, Mexico

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Spain’s exit of the Energy Charter Treaty is official: what now?

The Energy Charter Treaty and the Protocol were signed in December 1994 to promote international investment in the energy sector. On 16 April 2024, Spain gave written notice of its decision to withdraw from the ECT and on 14 May…more

Energy Charter Treaty, Energy Sector, ICSID, International Arbitration, Investors

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Hogan Lovells analyzes the Spanish Royal Decree 463/2020 of 14 March declaring the state of alarm for the management of the health crisis situation caused by COVID-19, in relation to the insurance sector

On Saturday 14 March, Spain's Official State Gazette published Royal Decree 463/2020 declaring the state of alarm for the management of the health crisis situation caused by COVID-19 (RDEA). Under this Royal Decree, Spain has…more

Insurance Regulations, International Litigation, Judicial Proceedings, Jurisdiction, Pending Litigation

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The China Select Committee proposes comprehensive 2024 U.S. economic strategy for countering PRC

On December 12, the Select Committee on the Chinese Communist Party of the U.S. House of Representatives issued a comprehensive economic strategy containing over 160 policy recommendations intended to “to fundamentally reset the…more

Bureau of Industry and Security (BIS), CFIUS, China, Export Controls, Exports

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Cartel damages: Germany, the assignment model and debt collection services – an update

Germany doesn’t offer claimants a true U.S. or UK style class action regime. Claimants will therefore seek alternative ways to join forces and bundle their claims using the so-called assignment-model as a favoured solution…more

Antitrust Provisions, Antitrust Violations, Cartels, Competition, Damages

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EU: MiFIR Amendments prohibiting Payment for Order Flow (PFOF) entered into force on 28 March 2024

On 8 March 2024, the final consolidated revised Markets in Financial Instruments Regulation (MiFIR) (Regulation (EU) 2024/791) and Markets in Financial Instruments Directive (MiFID II) (Directive (EU) 2024/790) texts were…more

EU, Financial Markets, MiFID II, MiFIR

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Leaked Italian AI draft bill reveals national push to anticipate AI Act

The Italian Government is working on a national draft law on AI with the aim of regulating the transparent and responsible use of AI and of laying down the principles on research, experimentation, development, adoption and…more

Artificial Intelligence, Innovative Technology, Italy, Machine Learning, Technology Sector

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U.S. Department of Commerce issues new resource to facilitate antiboycott compliance

On 28 March, the U.S. Commerce Department, Bureau of Industry and Security (BIS) published a list of entities that have been identified as having made a boycott-related request in order to help U.S. companies, including Federal…more

Antiboycott Requirements, Boycotts, Bureau of Industry and Security (BIS), Compliance, Office of Antiboycott Compliance (OAC)

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Italy-Africa Conference, Mattei Plan: over €5 bln to enhance collaboration with African countries

Following the conversion of Law Decree No. 161 of 15 November 2023, known as the Mattei Plan, which occurred on 11 January 2024, the Italian Government hosted in Rome the Italy-Africa Conference, revealing key facts of the…more

Energy Projects, Energy Sector, Infrastructure, Renewable Energy

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‘Bottled it’: Aldi light-up gin bottle design infringes Marks & Spencer’s UK registered design

On 31 January 2023, the IPEC held that Aldi had infringed M&S’s registered design for gin bottles. The court was not swayed by Aldi’s argument that a number of the features of the bottle, such as the light in the base of the…more

Copyright, Design Patent, Design Trademarks, Intellectual Property Protection, Trademarks

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FCC signals broader agenda on national security, public safety, and more in Net Neutrality ruling

The Federal Communications Commission (FCC) adopted final rules in its latest “net neutrality” proceeding. The rules, which advanced over the vigorous opposition of the two Republican commissioners, will: (1) reclassify…more

Broadband, Cybersecurity, FCC, National Security, Net Neutrality

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The Biden Administration and State Attorneys General continue to take aim at eliminating “junk fees”

In his recent State of the Union address, President Biden echoed his administration's commitment to tackling "junk and hidden fees," defined as charges to consumers providing little to no value and preventing clear understanding…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Fees, Hidden Fees

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Fifth Circuit Rules against NRC, vacating consolidated Interim Storage Facility license in Texas

On August 25, 2023, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Nuclear Regulatory Commission (NRC) license granted to Interim Storage Partners, LLC (ISP) for its temporary spent nuclear fuel storage…more

Energy Projects, Energy Sector, Energy Storage, Nuclear Power, Nuclear Regulatory Commission

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Modificada la normativa reguladora de las evaluaciones de impacto ambiental

El pasado 14 de junio se ha publicado en el BOE el Real Decreto 445/2023, de 13 de junio, por el que se modifican los anexos i, ii y iii de la ley 21/2013, de 9 de diciembre, de evaluación ambiental, anexos relativos a aquellos…more

Environmental Assessments, Environmental Impact Statements, Hydropower, Renewable Energy, Spain

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Supreme Court tightens standing requirements for class actions

On Friday, the Supreme Court issued a decision holding that all class members must prove Article III standing to recover individual damages. The opinion will be useful authority for defending cases in which some class members…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Transfers on Trial: Privacy Shield and Standard Contractual Clauses go before the European Courts

July is set to be a busy month in Luxembourg. On the first and second of the month, the General Court of the European Union (which is part of the Court of Justice of the European Union (CJEU)) will hear a case against the…more

Court of Justice of the European Union (CJEU), Data Protection, EU, EU-US Privacy Shield, European Data Protection Board (EDPB)

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EU Member States agree on interoperability specifications for national COVID-19 tracing apps

Digital tools such as mobile apps with warning and tracing functionalities that identify contacts of confirmed COVID-19 infections are said to be crucial for alerting users to the risk of infection and helping to interrupt…more

Contact Tracing, Coronavirus/COVID-19, Data Collection, Data Privacy, Data Processors

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Companies in quarantine - a potential breakthrough in remote board meetings - UPDATE

One of the many challenges we are facing as a result of the COVID-19 are disruptions in functioning of board meetings and decision-making processes in companies. …more

Board Meetings, Business Closures, Business Interruption, Coronavirus/COVID-19, Corporate Governance

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U.S. Supreme Court rules high-earning professionals are not overtime-exempt if paid hourly

In an opinion issued on February 22, 2023, the Supreme Court held that high-earning professionals must be paid on a salary basis in order to qualify for overtime exempt status under the Fair Labor Standards Act (FLSA). This…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984, Salaried Employees

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NHTSA announces final rule on automatic emergency braking

The National Highway Traffic Safety Administration (NHTSA) finalized an important new safety standard requiring automatic emergency braking (AEB) systems in all light vehicles by September 1, 2029. The rule implements a mandate…more

Automotive Industry, Car Accident, Motor Vehicles, NHTSA, Safety Standards

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Marked Safe from Cyber Threats: FCC Launches New IoT Labeling Program

The Federal Communications Commission (FCC) unanimously approved a Report and Order (R&O) creating a new voluntary Cybersecurity Labeling Program for Internet of Things (IoT) products. It also released a Further Notice of…more

Cyber Threats, Cybersecurity, FCC, Internet of Things, Popular

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UK Financial Transaction Tax under Labour

Proposals to introduce financial transactions taxes in the UK and the EU have been around for a while. Although neither tax has yet come close to becoming law, political turbulence could now make this more likely. …more

Commodities, Derivatives, Financial Transaction Tax, Financial Transactions, Foreign Exchanges

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FDA revises EUA guidance for mask & respirator decontamination and bioburden reduction systems

On May 26, 2020, the U.S. Food and Drug Administration (“FDA” or “Agency”) issued an immediately in effect guidance, Recommendations for Sponsors Requesting EUAs for Decontamination and Bioburden Reduction Systems for Surgical…more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), Food and Drug Administration (FDA), Medical Devices, Medical Supplies

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JPM2024: transactional considerations in view of a (proposed) broader Bolar exemption in EU

Recent European Commission (Commission) proposals, including a broadening of the so-called ‘Bolar exemption’, would substantially change various incentive schemes related to medicinal product approvals, with the stated goal of…more

EU, European Commission, Intellectual Property Protection, Patents, Pharmaceutical Industry

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From HSR filing to closing in six months: The DOJ’s new plans for merger reviews

A resounding complaint from merging parties heard time and time again is the negative impact on operations resulting from protracted merger reviews that consume significant resources. The duration of the merger review process…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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Funds Bulletin - February 2017

Funds Bulletin (a monthly round-up of topical legal, regulatory and tax issues affecting the fund industry). Features our summary of the FSCP's position paper on the impact of Brexit on financial services consumers, as well as…more

Deregulation, EMIR, EU, European Securities and Markets Authority (ESMA), Financial Conduct Authority (FCA)

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Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience to…more

Banking Sector, Blockchain, Cryptocurrency, Environmental Social & Governance (ESG), EU

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Tech Tax – Times Are A Changing?

It’s been a busy month in the world of tax for tech companies. France and the UK are introducing digital services taxes, and serious work is underway at the OECD that may result in a shake-up of the international tax system in a…more

Digital Services Tax, Emerging Technology Companies, International Tax Issues, OECD, Proposed Legislation

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Changing the legal representative in China is about to become much easier

One of the key challenges for creditors in taking control of a mainland Chinese company in an enforcement type situation is how to remove the “legal representative”. New legislation coming into force on 1 July 2024 should make…more

China, Creditors, Joint Venture, Legal Representatives

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Biden Administration releases first United States strategy on Countering Corruption

The Biden-Harris Administration intensified its focus on combating corruption by issuing the first-ever United States Strategy on Countering Corruption (“USSCC”) on December 6, 2021. This Strategy followed the Administration’s…more

Anti-Corruption, Biden Administration, Compliance, Department of Justice (DOJ), Enforcement Actions

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Artificial Intelligence – time to get regulating?

The buzz regarding the potential for artificial intelligence (“AI”) to revolutionise our lives is inescapable. Development of AI technology is a huge growth area, and investors are banking on an “AI boom” in everything from…more

Artificial Intelligence, Automated Systems, Regulatory Oversight, Regulatory Requirements

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TMT Horizons 2019

The dynamism of the Technology, Media and Telecoms sector is set to continue. Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving…more

5G Network, Antitrust Provisions, Artificial Intelligence, Big Data, Digital Media

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FDA issues milestone draft guidance on decentralized clinical trial design & implementation

The U.S. Food and Drug Administration (FDA) has just published a highly-anticipated draft guidance on the implementation of decentralized clinical trials (DCTs) for drugs, biologics, and medical devices. In the draft guidance,…more

Clinical Trials, Digital Health, Draft Guidance, Food and Drug Administration (FDA), Life Sciences

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EIOPA Cloud Outsourcing Guidelines Consultation

We mentioned in our blog on 12 April 2019 that the European Insurance and Occupational Pension Authority (EIOPA) intended to publish guidance on cloud outsourcing in the (re)insurance sector…more

Cloud Service Providers (CSPs), Data Outsourcing, Draft Guidance, EIOPA, EU

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Exchange control update

The 2018 budget speech delivered by the Minister of Finance on 21 February 2018 ushered in further relaxations to exchange control, which found its beginnings in South Africa as far back as 1939 when the country was a member of…more

Cross-Border Transactions, Foreign Direct Investment, Investment, Shareholder Rights, South Africa

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False Claims Act: 2018 and the road ahead

The pace of False Claims Act (FCA) litigation remained furious over the past year. Companies (and individuals) in all sectors of the economy continue to face the ever-present threat of FCA enforcement whenever they do business…more

Department of Justice (DOJ), Digital Realty Trust Inc v Somers, Enforcement Actions, False Claims Act (FCA), False Implied Certification Theory

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ICO’s call to action for UK website cookie banners

The UK Information Commissioner’s Office (ICO) has recently published an update on its enforcement efforts in respect of website cookie compliance. It follows a letter the ICO sent in November 2023 to 53 of the top 100 UK…more

Cybersecurity, Data Protection, Data Security, General Data Protection Regulation (GDPR), Information Commissioner's Office (ICO)

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Financing the future: the expanding role of private debt in Asia

Asia has historically been a bank-financed market. Debt structures have typically been straightforward and banks have traditionally been able to service the needs of corporates for both event-driven financings as well as working…more

Asia, Debt, Financial Markets, Financing

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Delaware Bankruptcy Court issues key new decision regarding redemption premiums: Language matters!

Loan agreements and bond indentures often prohibit a borrower or issuer from prepaying a loan or bond prior to its stated maturity without paying a “makewhole premium” or “redemption premium,” which is a sum of money, paid in…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring

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New Civil Code makes doing business in Saudi Arabia more attractive

Signing up to a contract governed by Saudi Law is about to get easier, and your rights and obligations under that contract clearer. That's because the regime applicable to Saudi Law-governed contracts is about to change from…more

Commercial Contracts, Contract Terms, Doing Business, Saudi Arabia

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Financial Institutions Horizons 2021

Financial Institutions Horizons is a snapshot of key legal topics and market trends across the globe, shaping the future of the financial institutions market. When we conceived the Horizons series in 2018, the financial…more

Biden Administration, China, Coronavirus/COVID-19, Cybersecurity, Financial Institutions

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Highlights of new SEC rules on climate-related disclosures

On March 6, 2024, the U.S. Securities and Exchange Commission adopted its highly anticipated rules requiring climate-related disclosures. The final rules represent a significantly less burdensome set of rules than those proposed…more

Climate Change, Corporate Governance, Disclosure Requirements, Final Rules, Greenhouse Gas Emissions

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Impuestos a las Plataformas Digitales - Iniciativa Ciudad de México

La Jefa de Gobierno de la Ciudad de México presentó una iniciativa por virtud de la cual se adiciona el artículo 307 TER al Código Fiscal de la Ciudad de México el cual tiene por objeto que las personas físicas o morales que…more

Digital Platforms, Income Taxes, International Tax Issues, Mexico, Online Platforms

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Court of Appeals affirms limited injunction on NCAA compensation restrictions for student-athletes

On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association's policy of limiting the compensation paid to…more

Antitrust Provisions, Compensation & Benefits, Competition, NCAA, Sherman Act

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2024 Life Sciences & Health Care Horizons

While economic factors, including the high cost of capital, continue to keep our clients up at night, we also see signs of optimism in 2024. Against this fiscal backdrop, significant recent regulatory changes and those on the…more

Artificial Intelligence, Clinical Trials, Food and Drug Administration (FDA), Life Sciences, Medical Devices

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Global Accountants' Liability Update – February 2022

In mid-2020 the German stock corporation Wirecard became suspected of having falsified its records and to have made up assets in the magnitude of EUR 1.9 billion in its balance sheets. This prompted the German legislature to…more

Accountants, Accounting, Accounting Standards, Audits, Germany

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COVID-19: Summary of National Payment Moratoria Measures in Europe (UPDATED)

Our note summarises key national payment moratoria measures and other reliefs related to the COVID-19 pandemic which have been introduced in various European countries and which are relevant in the context of structured finance…more

Coronavirus/COVID-19, Debt Relief, EU, European Banking Authority (EBA), Late Payments

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Nouveautés sur les travailleurs de plateforme, les engagements unilatéraux et la conciliation prud’hommale.

Notre équipe sociale fait le point sur les actualités du mois d’avril : de l’adoption de la directive sur les travailleurs de plateforme, au rappel de la cour de cassation sur la fin des engagements unilatéraux à durée…more

Employer Liability Issues, France, International Labor Laws, Non-Compete Agreements

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Tenant’s Right to Manage – Time for Change?

The procedure for tenants to take control of the management of their buildings is on the radar for reform as the Law Commission launches a consultation which closes on 30 April…more

Professional Responsibility, Property Managers, Real Estate Professionals, Rental Property, Residential Leases

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Debt Capital Markets – Global Insights – Spring 2020

We are delighted to present the Spring 2020 edition of Hogan Lovells’ Debt Capital Markets Global Insights. This draws together a collection of articles from across our global network, reflecting on current events and topical…more

ABS, Brazil, Capital Markets, Capital Requirements Regulation (CRR), Credit Default Swaps

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Negotiated settlements: New opportunities for Italian distressed businesses?

The conversion into statute on 23 October 2021 of the so-called Business Distress Bill adds new provisions to those recently adopted by the Italian government to address corporate distress following the COVID-19 pandemic, to…more

Coronavirus/COVID-19, Corporate Restructuring, Debt Restructuring, Economic Development, Economic Downturn

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International products law review 2020: Issue 77

We're excited to bring you issue 77 of our "International products law review" with insights and updates on all aspects of products law. In this issue, provide updates on COVID-19, address promoting the circular economy…more

Consumer Product Companies, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Drones, EU

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Mongolia Amends its Labour Law

The Parliament of Mongolia adopted the Amendment Law ("Amendment") to the Law of Mongolia on Labour ("Labour Law") on 21 April 2015.  The amended law has now been published in the State Gazette, bringing it into force…more

Corporate Counsel, Fines, Hiring & Firing, Labor Contractor, Mongolia

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Quarterly Corporate / M&A Decisions Update: Q2 2019

This update is designed to highlight selected important M&A, corporate and commercial court decisions on a quarterly basis. Brief summaries of each decision appear below with links to more robust discussions. …more

Business Judgment Rule, Corporate Sales Transactions, DE Supreme Court, Dismissals, Merger Agreements

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Spain releases its long awaited draft list of non-cooperative jurisdictions

On 12 January 2023 the Spanish Ministry of Finance published a draft of its long-awaited list of non-cooperative jurisdictions. Spain has finally not followed the EU approach with some jurisdictions. The draft Spanish list has…more

Blacklist, Corporate Taxes, Double Taxation, Foreign Investment, Income Taxes

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Introduction of social measures in support of businesses facing the COVID-19 crisis

The health crisis linked to Covid-19 is exposing firms to economic difficulties which may have serious ramifications. In this context, the government’s aim is to preserve jobs, whilst reducing costs incurred by firms…more

Coronavirus/COVID-19, Emergency Management Plans, France

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Data Privacy Framework: Redress mechanisms for EU individuals get a boost with new EDPB resources

On 24 April 2024, the European Data Protection Board ("EDPB") released a set of guidance documents and template complaint forms to facilitate the implementation of the redress mechanisms corresponding to the EU-U.S. Data Privacy…more

Court of Justice of the European Union (CJEU), Data Privacy, Data Protection, EU, International Data Transfers

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Brexit and derivatives transactions – some practical perspectives

EU and UK derivatives counterparties are now having to grapple with different sets of rules in the EU and the UK when trading derivatives with each other, following the end of the Brexit transition period on 31 December 2020…more

Derivatives, EMIR, EU, European Securities and Markets Authority (ESMA), MiFIR

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eRIIS, a CSSF web platform for filings under the transparency law and the market abuse regulation

The Commission de Surveillance du Secteur Financier (CSSF) has launched a new web platform called eRIIS which stands for electronic Reporting of Information concerning Issuers of Securities providing issuers and persons subject…more

Asset Management, CSSF, EU, EU Market Abuse Regulation (EU MAR), Investment Funds

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Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2018

Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter. …more

Antitrust Investigations, Antitrust Provisions, Attorney-Client Privilege, Big Data, Competition

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Deputy attorney general issues new mandate prioritizing enforcement of antitrust laws amid COVID-19 outbreak

Companies around the globe are being forced to respond quickly and creatively to the COVID-19 pandemic and resulting economic fallout. As the saying goes, "Desperate times call for desperate measures." And in these challenging…more

Antitrust Provisions, Antitrust Violations, Coronavirus/COVID-19, Goods or Services, Price Gouging

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Spotlight on REACH Regulation

Manufacturers, importers, and users of chemicals often operate across borders, sourcing, and supplying their products across EU borders and operating with chemical substances in many different locations around the world. For…more

Chemicals, EU, Manufacturers, REACH

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Öffentliche Übernahmen in Deutschland Newsletter 2023

Herzlich willkommen zur sechsten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2022 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Capital Markets, Foreign Investment, Germany, Mergers

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Useful Luxembourg court case on interest free loans

Interest free loans – new Luxembourg court case provides useful clarifications regarding their qualification as debt or equity. On 23 November 2023, the Luxembourg Court of Appel (“LCA”) ruled on the debt or equity qualification…more

Interest Rates, Lenders, Loans, Luxembourg

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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“Name and Shame” powers of the DGCCRF have been reinforced.

A Decree published on 30 December 2022 and entered into force on 31 December 2022 has enhanced and broadened the “Name and Shame” powers of the French Directorate General in charge of Competition, Consumer Affairs and Fraud…more

Electronic Communications, EU, France, Media, Public Policy

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Financial Institutions Horizons 2022

At our recent global conference we held in partnership with Global Digital Finance, our keynote speaker suggested that the three major drivers for financial institution regulators and policy makers for the next few years would…more

Banking Sector, Blockchain, Cryptocurrency, Digital Currency, Environmental Social & Governance (ESG)

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Life Sciences and Health Care Horizons - 2020

We are pleased to provide you with the third annual installment of our Life Sciences and Health Care Horizons guide. For each of these guides, we have asked our industry thought leaders throughout the world to write about trends…more

3D Printing, AIDS, Analytics, Artificial Intelligence, Biosimilars

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Colorado Privacy Act rules FAQ: Turning “final” rules into FINAL rules

On Friday, February 24, the Colorado Secretary of State published “final” rules for the Colorado Privacy Act. While these rules are similar to “Version 3” of the draft rules, published by the Attorney General’s Office in January…more

Colorado, Corporate Counsel, Cybersecurity, Data Privacy, Data Protection

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Biden Administration investigates national security risks of Chinese connected vehicles in the U.S.

On Feb. 29, 2024, the White House announced that the Commerce Department’s Bureau of Industry and Security would issue an advance notice of proposed rulemaking as part of the Biden Administration’s investigation of national…more

Biden Administration, Bureau of Industry and Security (BIS), China, Comment Period, Connected Cars

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The Inflation Reduction Act’s new guidance on the low-income communities bonus credit program

Under the Inflation Reduction Act (“IRA”), the investment tax credit (“ITC”) may be increased if the applicable energy property qualifies for certain bonus levels, including an increased ITC energy percentage of up to 10% or 20%…more

Energy Projects, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits, Renewable Energy

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FCC annual regulatory fee deadline approaches for space licensees

FCC satellite or earth station authorization holders must pay annual regulatory fees by September 20 if the satellite was authorized and operational on or before October 1, 2022 or the earth station was authorized on or before…more

Deadlines, FCC, Fees, Telecommunications

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State attorneys general ask FCC to clarify TCPA requirements for AI calls

The Federal Communications Commissions (FCC) published a Notice of Inquiry (NOI) last fall about the implications of emerging artificial intelligence technologies on the Telephone Consumer Protection Act (TCPA) and related FCC…more

FCC, Robocalling, TCPA, Telecommunications

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Colorado becomes first U.S. state to enact broadly applicable AI law

On May 17, 2024, Colorado Governor Jared Polis signed the Colorado Artificial Intelligence (AI) Act (CAIA), the first broadly scoped U.S. AI law. Similar to the EU AI Act, the CAIA takes a risk-based approach and focuses on…more

Algorithms, Artificial Intelligence, Innovative Technology, Machine Learning, Personal Data

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CJEU confirms the limitations of MS’ powers to regulate online services providers based in other MS

On 9 November 2023, the Court of Justice of the European Union has rendered a landmark decision which reiterates the ‘country-of-origin principle’ and paves the way for more legal certainty for providers of information society…more

Court of Justice of the European Union (CJEU), E-Commerce, EU, Internet Retailers

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Commission EU Securitisation Regulation report - a missed opportunity

On 11 October 2022, the European Commission published its long-awaited report on the functioning of the Securitisation Regulation. Whilst a number of helpful recommendations have been made on the back of extensive market…more

Capital Markets, Capital Requirements Regulation (CRR), EU, European Commission, Securitization

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ASEA publica proyecto de nueva NOM para almacenamiento de Gas LP

El Proyecto de nueva Norma Oficial Mexicana pretende regular aspectos relacionados con las instalaciones de almacenamiento de Gas LP…more

Energy Sector, Hydrocarbons, Mexico, Oil & Gas, Petroleum

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Doing Business in the UK: Consumer Sector 2020

The UK’s consumer sector has shown resilience against the backdrop of challenging political and economic conditions. Consumers in the UK remain willing to spend; however, the way in which they do so is changing, with e-commerce…more

Arbitration, B2B Transactions, Consumer Protection Laws, Customs, Data Privacy

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Buyer obligations in earnout negotiations

Previously in our series, our team evaluated a number of important points that buyers should consider when embarking on a build-to-buy transaction to protect against downside scenarios in those collaboration arrangements…more

Buyers, Earn-Outs, Life Sciences, Purchase Agreement, Sellers

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Scrutiny on health care professional transparency and inducement in the Netherlands

On 8 April 2024, the Dutch Minister of Medical Care sent a letter to Dutch Parliament (in Dutch: “Tweede Kamer”) regarding interactions between life sciences companies and health care professionals highlighting the need for…more

Health Care Providers, Hospitals, Life Sciences, Medical Devices, Netherlands

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Legal implications of remote work arrangements: perspectives from the U.S., UK, and France

In light of the impact of the global COVID-19 pandemic, employers have made adjustments to facilitate remote working, with some considering maintaining expanded remote work policies even after government restrictions are lifted…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Contract, Income Taxes, International Labor Laws

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German Federal Court of Justice on Social Media Advertising for Products provided free of Charge

Influencers who received goods or services free of charge from companies and then link to them on their social media channels, for example, by placing what is known in Germany as a "tap tag," generally have to label such posts…more

Advertising, Competition, Goods or Services, Influencers, Instagram

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Europe: CJEU / GC roundup – H1 2018

Over the first half year, we have covered a number of high profile cases heard before the General Court (GC) and the European Court of Justice (CJEU). Here’s a quick roundup of the cases with a takeaway summary for each..…more

Acquired Distinctiveness, Appeals, Benchmarks, Color Marks, Community Designs

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Unlawful administrative action

An update on the law on unlawful administrative action according to Merafong - Bidders and employers of projects in the public sector should be aware of the recent Constitutional Court judgment of Merafong City Local…more

Administrative Proceedings, South Africa

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CMS Issues Draft Guidance on Inflation Reduction Act (IRA) Drug Price Negotiation Program for 2027

On May 3, 2024, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for initial price applicability year (IPAY) 2027 of the Drug Price Negotiation Program established by the IRA. Notwithstanding the agency’s…more

Centers for Medicare & Medicaid Services (CMS), Draft Guidance, Drug Pricing, Inflation Reduction Act (IRA), Medicare

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Staples on LP stake sales in secondaries

It is now no longer uncommon that as a condition to approving the transfer of a limited partner ("LP") interest in a private fund, the general partner ("GP") of such fund may seek a stapled primary commitment to its newest…more

Investment, Investors, Limited Partnerships, Private Funds

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Gesetzliche Neuregelungen im Arbeitsrecht 2024

Wie jedes Jahr sind auch im Arbeitsrecht zum 1. Januar 2024 eine Reihe von Neuregelungen in Kraft getreten. Zudem sind weitere Änderungen in der Pipeline. Werfen Sie mit uns einen Blick auf wichtige bereits beschlossene sowie…more

Data Protection, Employer Liability Issues, Foreign Workers, Germany, International Labor Laws

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Debt Capital Markets – Global Insights – Spring 2020

We are delighted to present the Spring 2020 edition of Hogan Lovells’ Debt Capital Markets Global Insights. This draws together a collection of articles from across our global network, reflecting on current events and topical…more

ABS, Brazil, Capital Markets, Capital Requirements Regulation (CRR), Credit Default Swaps

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California’s trailblazing laws require disclosure of greenhouse gas emissions and climate risks

In mid-September, the California legislature passed its Climate Accountability Package consisting of two bills: Senate Bill 253 (Climate Corporate Data Accountability Act) and Senate Bill 261 (Climate-Related Financial Risk…more

Climate Change, Disclosure Requirements, Greenhouse Gas Emissions

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Italy: IVASS reviews the regulatory framework on unit and index linked products

On 11 March 2022, IVASS launched a public consultation on a draft regulation which would introduce new provisions governing unit-linked and index-linked policies issued by Italian and foreign insurance undertakings. On the same…more

Insurance Contracts, Insurance Industry, Insurance Regulations, Italy, IVASS

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Useful Luxembourg court case on interest free loans

Interest free loans – new Luxembourg court case provides useful clarifications regarding their qualification as debt or equity. On 23 November 2023, the Luxembourg Court of Appel (“LCA”) ruled on the debt or equity qualification…more

Interest Rates, Lenders, Loans, Luxembourg

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U.S. EPA and DOT finalize new maximum civil penalties for environmental and transportation-related violations

The Environmental Protection Agency (EPA) and the Department of Transportation (DOT) just issued final rules increasing civil penalties for violations of certain EPA and DOT regulations, including violations of the Clean Air Act…more

Civil Monetary Penalty, Clean Air Act, Department of Justice (DOJ), Environmental Protection Agency (EPA), NHTSA

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Consumer rights claim: Online NFT contract governed by New York law and arbitration - is it fair?

The English Court of Appeal in its recent decision in Amir Soleymani v Nifty Gateway LLC v The Competition and Markets Authority [2022] EWCA Civ 1297, held that claims by a high net worth individual that an online auction…more

Arbitration, Arbitration Agreements, Art Auctions, Foreign Arbitral Awards, International Arbitration

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Debt Capital Markets – Global Insights – Spring 2020

We are delighted to present the Spring 2020 edition of Hogan Lovells’ Debt Capital Markets Global Insights. This draws together a collection of articles from across our global network, reflecting on current events and topical…more

ABS, Brazil, Capital Markets, Capital Requirements Regulation (CRR), Credit Default Swaps

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Spain’s exit of the Energy Charter Treaty is official: what now?

The Energy Charter Treaty and the Protocol were signed in December 1994 to promote international investment in the energy sector. On 16 April 2024, Spain gave written notice of its decision to withdraw from the ECT and on 14 May…more

Energy Charter Treaty, Energy Sector, ICSID, International Arbitration, Investors

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The law aimed at improving the framework for French health care centers has finally been published!

The French law n° 2023-378 of 19 May 2023 on the supervision of health care centers has finally been published in the Journal Officiel. The text, which has reached a consensus, was adopted without major changes. This text is the…more

France, Healthcare

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Estímulos fiscales para sectores claves de la industria exportadora

Derivado del fenómeno conocido como nearshoring, el día de hoy el Ejecutivo Federal publicó en el Diario Oficial de la Federación un Decreto por el cual se otorgan diversos estímulos fiscales para contribuyentes pertenecientes a…more

Exporters, Exports, Manufacturers, Mexico

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The Payments Newsletter including Digital Assets & Blockchain, May 2024

Key developments of interest over the last month include: the EU Parliament’s adoption of amended PSD3 and PSR texts; a Bank of England speech on payments innovation signalling more regulatory and infrastructure changes ahead;…more

Blockchain, Cryptocurrency, Digital Assets, Digital Currency, Popular

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Broiler Chicken Price-Fixing and Information Exchange Claims Against Agri Stats Defeated

On June 30, 2023 the U.S. District Court for the Northern District of Illinois granted a summary judgment motion filed by Hogan Lovells’ antitrust litigation team on behalf of its client Agri Stats, a company that provides…more

Antitrust Provisions, Antitrust Violations, Department of Justice (DOJ), Price-Fixing

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International products law review 2020: Issue 78

On 18 February 2020, the French Ministry of Economy and Finance announced the launch of a new online platform called SignalConso, an easy-to-use public service enabling individuals to report any consumer law issue they may face…more

Anti-Fraud Provisions, Class Action, Climate Change, Consumer Complaint System, Consumer Fraud

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Global Accountants' Liability Update – December 2021

Our global team of securities and professional liability lawyers at Hogan Lovells is uniquely positioned to monitor legal developments across the globe that impact accountants’ liability risk. We have experienced lawyers on five…more

Accountants, Accounting, Accounting Standards, Auditor Independence, Financial Reporting

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Delaware Supreme Court reinforces the importance of deal price in appraisal proceedings

In Dell Inc. v. Magnetar Global Event Driven Master Fund, Ltd., the Delaware Supreme Court reversed the Court of Chancery’s determination in an appraisal proceeding relating to the 2013 management-led buyout of Dell Inc…more

Appraisal, Corporate Counsel, DE Supreme Court, Dell, Fair Market Value

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The USMCA enters into force: a glimpse into its investment chapter

On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) entered into force, and replaced the North America Free Trade Agreement (NAFTA). USMCA contains an investment chapter: Chapter 14. Like NAFTA, USMCA encompasses…more

Conflicts of Interest, CPTPP, Dispute Resolution, Exhaustion Doctrine, Free Trade Agreements

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Sovereign Debt Restructuring in Africa

Sovereign debt restructurings are complex processes that involve negotiations with a sovereign’s creditors to alter the terms of existing debt, aiming to restore fiscal sustainability and ensure long-term economic stability…more

Africa, Banking Sector, Commercial Bankruptcy, Creditors, Insolvency

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Doing business in Italy 2023

This booklet has been written specifically for business individuals and whilst it may be of interest to their local advisers, such as lawyers or accountants, the information is intended for a wider audience. We cover topics…more

Corporate Governance, Doing Business, EU, Foreign Corporations, Foreign Subsidiaries

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FDI - A global perspective

During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments…more

Acquisitions, CFIUS, Foreign Investment, Mergers, National Security

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NIH issues long-awaited guidance on other support, foreign components, and financial conflicts of interest

On 10 July 2019 the National Institutes of Health (NIH) issued its long-awaited guidance addressing grantee disclosure obligations related to researchers' activities outside the United States. …more

Clinical Trials, Conflicts of Interest, Disclosure Requirements, Foreign Corporations, Medical Research

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COVID-19 - Competition measures to protect consumers in Africa

As the COVID-19 pandemic has gripped countries globally, and there has been widespread reports of opportunists taking advantage of the panic buying to hike prices dramatically. A number of regulatory authorities have taken swift…more

Africa, Antitrust Provisions, Competition, Coronavirus/COVID-19, Price Gouging

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Moratorium on winding up orders extended to September 2021 – and what of arrears?

The restrictions on filing statutory demands and winding up petitions has been extended (again) until the end of September 2021. At the same time, the moratorium on landlords evicting commercial tenants has been extended to…more

Commercial Tenants, Coronavirus/COVID-19, Creditors, Debtors, Eviction

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ESG Market Alert – January 2022

In this alert, we provide a round-up of the latest developments in ESG for UK corporates. In this month’s ESG market alert, we cover: The FCA publishes the final rules on climate related disclosures for standard listed…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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[Webinar] Restructuring a portfolio company webinar series: Part 2 – Distressed M&A in the U.S. - May 22nd, 11:00 am - 12:00 pm EDT

The COVID-19 pandemic has resulted in significant challenges and opportunities for private equity firms and strategic buyers in the United States. Please join us for a three-part webinar series on restructuring a portfolio…more

Acquisitions, Business Strategies, Buyers, CFIUS, Coronavirus/COVID-19

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Center for Clinical Trial Innovation furthers FDA’s diversity goals, rare disease drug development - Pilot program offers opportunity for enhanced interaction with FDA

The U.S. Food and Drug Administration (FDA) has announced the establishment of the “Center for Drug Evaluation (CDER) Center for Clinical Trial Innovation” (C3TI). C3TI is intended to be a “central hub” within CDER aimed at…more

Clinical Trials, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry, Prescription Drugs

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Aclarado: La cuota previa a la bonificación en Patrimonio reduce la cuota del Impuesto a las Grandes Fortunas

El Impuesto de Solidaridad de las Grandes Fortunas nació con el objetivo de armonizar las asimetrías que habían surgido entre comunidades autónomas en el Impuesto sobre el Patrimonio debido a las bonificaciones aprobadas por…more

Income Taxes, International Tax Issues, Ministry of Finance, Spain

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Mining for misconduct: Regulatory change and safeguarding against corruption in the mining industry

Australia's ties with Asia cannot be overstated and when it comes to mining, this is especially the case - an estimated 80 percent of Australia's mining exports go to Asia. Hundreds of billions of dollars in sales are reported…more

Anti-Bribery, Anti-Corruption, Corporate Misconduct, Mining, Regulatory Standards

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U.S.: Hogan Lovells New York City and the future: Real estate and beyond

On April 3, 2024, Hogan Lovells hosted a reception in its New York Office to discuss the future of New York City with the man who shaped it, Dan Doctoroff. Doctoroff has held numerous senior positions in the tech and finance…more

Housing Developers, Housing Market, Real Estate Development, Urban Planning & Development

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Infringement of a UK Standard Essential Patent does not justify global damages

Hogan Lovells has secured an important victory for its client HTC against IPCom in a long-running patent litigation battle. In its judgment handed down yesterday, the UK Patents Court has struck out a claim that damages for…more

ETSI, FRAND, Intellectual Property Protection, Mobile Devices, Patent Infringement

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Understanding the UAE's Enhanced Consumer Protection Law

The UAE's consumer protection regime has recently undergone significant change, highlighting the UAE's increased focus on enhancing consumer rights and regulating fair trade practices…more

Consumer Protection Laws, E-Commerce, Marketing, United Arab Emirates (UAE)

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A New Era: The New European Framework for Securitisations

Following a prolonged period of political scrutiny and negotiation, the texts of two regulations implementing significant changes to the regulation and capital treatment of securitisations were broadly agreed by the three EU…more

AIFM, Capital Markets, Capital Requirements Regulation (CRR), EMIR, EU

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The Polish regulator’s position on insurance companies publishing their standard contracts on their websites

Based on the new regulation in the Polish insurance market that entered into force on 1 January 2016, the general terms and conditions of insurance (“GTC“) as well as other standard contracts must be published by insurers on…more

Consumer Financial Products, EU, Insurance Contracts, Insurance Industry, Online Platforms

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Insurance Law Hub

Con este primer número arranca una iniciativa de carácter divulgativo que nace con la vocación de recoger periódicamente reflexiones y análisis sobre temas de actualidad del sector asegurador. Frente a otras opciones existentes,…more

Commercial Insurance Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Life Insurance

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Shifting (Regional HQ) Sands – to Saudi

On February 15th, the Saudi Press Agency issued a statement confirming that the Government of Saudi Arabia intends to stop contracting with entities whose regional headquarters are not located in the Kingdom by January 1st…more

Coronavirus/COVID-19, Economic Development, Foreign Investment, Infectious Diseases, Job Creation

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Financing the future: the expanding role of private debt in Asia

Asia has historically been a bank-financed market. Debt structures have typically been straightforward and banks have traditionally been able to service the needs of corporates for both event-driven financings as well as working…more

Asia, Debt, Financial Markets, Financing

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COVID-19 – a health check for European leveraged financings

The impact of COVID-19 is developing fast across the globe and across industries.  We outline a selection of the issues which we are currently busy discussing with lenders, sponsors and portfolio businesses in various…more

Borrowers, Credit Facilities, EBITDA, EU, Lenders

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FDA seeks comment on food labeling information in e-commerce

The U.S. Food and Drug Administration (FDA) is requesting comment on the availability of nutrition, ingredient, and allergen information online for packaged foods sold through online grocery shopping platforms.  FDA explains…more

Comment Period, Draft Guidance, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers

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OEHHA announces new modification of proposed acrylamide regulation for foods

On October 6, 2022, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65 (Prop 65), provided notice of new changes to the proposed regulation. If adopted, the…more

Administrative Procedure Act, First Amendment, Food Manufacturers, OEHHA, Proposed Regulation

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Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2017

FTC takes another look at merger remedies - On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to…more

Africa, Anti-Monopoly, Antitrust Provisions, Best Practices, Cartels

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Data breach response liability: Jury finds defendant not negligent for response to data breach

In a first of its kind trial, a defendant accused of negligently responding to a data breach was cleared of all liability by a jury last month. After two hours of deliberation, the jury rejected plaintiff’s claim that the…more

Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

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Italy-Africa Conference, Mattei Plan: over €5 bln to enhance collaboration with African countries

Following the conversion of Law Decree No. 161 of 15 November 2023, known as the Mattei Plan, which occurred on 11 January 2024, the Italian Government hosted in Rome the Italy-Africa Conference, revealing key facts of the…more

Energy Projects, Energy Sector, Infrastructure, Renewable Energy

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The new Italian Insolvency Code: a predicted revolution

The most innovative features of the new Insolvency Code include, among others: (i) the introduction of safeguard obligations aimed at detecting corporate distress and promoting the adoption of restructuring tools at an early…more

Commercial Bankruptcy, Corporate Restructuring, Creditors, Debt Restructuring, Insolvency

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UK SFO launches Strategy 2024-2029

On 18 April 2024, the SFO announced that it had launched its Strategy 2024-2029, setting out its direction, values, approach and goals over the next five years. A bold, victims-centred approach The Strategy can be found here…more

Bribery, Corruption, Criminal Prosecution, Serious Fraud Office (SFO), UK

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United Arab Emirates foreign direct investment overview

On 17 March 2020, the UAE Cabinet issued the complete Positive List for FDI in the UAE, enumerating the 122 activities and sectors where up to 100% foreign ownership would be permitted, as well as detailing the criteria for the…more

Foreign Direct Investment, United Arab Emirates (UAE)

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Real estate finance - Post COVID-19 trends across the globe

While no one knows for sure what the future of post-pandemic real estate finance holds, the forecast does look positive – lending is competitive and healthy across both Europe and the U.S. Unlike the global financial crisis,…more

Asset Class, Banking Sector, Commercial Real Estate Market, Coronavirus/COVID-19, Environmental Social & Governance (ESG)

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Focus on General Terms Agreements

Published in The Air & Space Lawyer, Volume 36, Number 2, 2024 - April 10, 2024 An airframe or engine general terms agreement (GTA) is an umbrella term for any agreement between (a) an entity that has an interest in an airframe…more

Aircraft, Aircraft Equipment, Aviation Industry, Manufacturers

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Public Takeovers in Germany

Welcome to the fourth edition of our “Public Takeovers in Germany” newsletter. It provides an overview of public takeovers carried out in Germany in 2020 under the German Securities Acquisition and Takeover Act (WpÜG) and of…more

Acquisition Agreements, Corporate Sales Transactions, Critical Infrastructure Sectors, Delisting, EU

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ECN+: a Reform which Changes the Rules of the Game

Italy has just enacted the Legislative Decree implementing the ECN Plus Directive so providing the Italian Competition Authority (ICA) with increased enforcement powers. The following sections provide a first overview of the…more

Antitrust Investigations, Antitrust Violations, Competition, Competition Authorities, Criminal Antitrust Litigation

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Leaked Italian AI draft bill reveals national push to anticipate AI Act

The Italian Government is working on a national draft law on AI with the aim of regulating the transparent and responsible use of AI and of laying down the principles on research, experimentation, development, adoption and…more

Artificial Intelligence, Innovative Technology, Italy, Machine Learning, Technology Sector

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AI use by life sciences companies – strategic considerations

For companies across the life sciences sector, from those in the early stages of contemplating AI use to those already using AI in R&D or other material business operations, developing a strategy around AI can be important to…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Machine Learning

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2023 Doing Business in the United States

The U.S. is one of the easiest jurisdictions in the world in which to do business and continues to be the world’s top destination for foreign direct investment. Regulatory barriers are generally low, establishing a branch or…more

Board of Directors, CFIUS, Chapter 11, Chapter 7, Commercial Bankruptcy

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Health data hosting: The new French HDS Certification has been released

The revised French Health Data Hosting (HDS) certification framework, published on May 16, 2024, in the Official Journal, addresses data localization and transfers amidst concerns about digital sovereignty. The new provisions…more

Cybersecurity, Data Protection, France, PHI

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Bipartisan Infrastructure Bill includes new safety mandates for auto industry

The Infrastructure Investment and Jobs Act, H.R. 3684 (117), was signed into law by President Biden on November 15, 2021. In addition to $550 billion in funding for improvements to roads and bridges and broadband expansion, the…more

Automotive Industry, Cybersecurity, Department of Transportation (DOT), Infrastructure, NHTSA

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Useful Luxembourg court case on interest free loans

Interest free loans – new Luxembourg court case provides useful clarifications regarding their qualification as debt or equity. On 23 November 2023, the Luxembourg Court of Appel (“LCA”) ruled on the debt or equity qualification…more

Interest Rates, Lenders, Loans, Luxembourg

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Abschluss der Koalitionsverhand-lungen – Erste Übersicht über die Vorhaben im Arbeitsrecht

SPD, FDP und Grüne haben eine Einigung über den Koalitionsvertrag erzielt. Das am Mittwoch, den 24. November 2021 veröffentlichte Regelwerk bekennt sich zu einem modernen, sozialen und nachhaltigen Staat und enthält konkrete…more

Employer Liability Issues, Germany, International Labor Laws, Labor Reform, Labor Regulations

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EU: Eurogroup finance ministers set the Capital Markets Union priorities for 2024-2029

On March 11 2024, Eurogroup issued a statement outlining common priorities for the future development of the European capital markets union (CMU), which will be presented to EU Leaders at the Euro Summit in Brussels on March 22…more

Capital Markets, Capital Markets Union, EU, Financial Markets

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Germany: new regulatory framework to foster future development of onshore projects

The so called “Easter Package” has passed the German Parliament. The German legislator has introduced substantial changes to the legal framework for onshore wind projects by resolving a bundle of new laws. The amendment…more

Energy Projects, Energy Sector, Germany, New Rules, Renewable Energy

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The United States and Israel outline strategic alliance in science and emerging technology

Following President Biden’s visit to Israel, the United States and Israel announced a new strategic technology alliance in pandemic preparedness, including disease surveillance, early warning, and rapid countermeasures;…more

Climate Change, Emerging Technologies, Environmental Social & Governance (ESG), Israel, Renewable Energy

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Preparing for CBP’s enforcement of the Uyghur Forced Labor Prevention Act’s rebuttable presumption

The Uyghur Forced Labor Prevention Act (“UFLPA”) rebuttable presumption became effective on 21 June 2022. U.S. Customs and Border Protection (“CBP”) released its Operational Guidance on 13 June 2022, and the Forced Labor…more

Clear and Convincing Evidence, Customs and Border Protection, Forced Labor, Importers, Imports

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USMCA's rapid-response labor mechanism

The United States-Mexico-Canada Trade Agreement (USMCA) is noteworthy for its novel “facility specific rapid response labor mechanism” (the Rapid Response Mechanism or Mechanism). The Mechanism permits the United States or…more

Canada, Collective Bargaining, Corporate Counsel, Cross-Border Transactions, Employee Rights

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Secondaries and UK Stamp Duty

In private equity secondary transactions, it is commonly assumed that UK stamp duty is not payable. However, in light of the latest HMRC consultation on modernising stamp duty on shares, the approach to dealing with stamp duty…more

Covered Transactions, HMRC, Partnerships, Private Equity, Share Transfer

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EPA finalizes the most stringent vehicle emission standards ever for model years 2027-2032

On April 18, 2024, the Environmental Protection Agency (EPA) published the final rule for “Multi-Pollutant Emission Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles” originally issued March 20, 2024. …more

Carbon Emissions, Electric Vehicles, Environmental Protection Agency (EPA), Final Rules, Greenhouse Gas Emissions

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Can the planning system support the modern logistics sector?

In a world where ESG is becoming increasingly important, the logistics sector seems like a winner, given its ability to be nimble and adaptable to changes in consumer need, while supporting local areas and  potentially reducing…more

Environmental Social & Governance (ESG), Logistics, Real Estate Development, Warehouses

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ESG: UK Smart Buildings: retrofit for purpose?

In this second article in our three-part smart buildings series, we ask: is retrofitting an existing building worth it? Smart buildings utilise integrated technology systems to optimise energy usage and improve building…more

Building Standards, Connected Items, Construction Industry, Cybersecurity, Homeowners

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Gearing up for e-sport: Seizing opportunities and tackling legal issues

On 27 March, Partner Eugene Low and Associate Arthur Ng from our Hong Kong office gave a presentation on e-sports at a reception event organized by the Association of Corporate Counsel, Hong Kong…more

Brand, Copyright, Design Patent, Digital Media, eSports

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Actualités Législatives et Réglementaires – Avril 2024

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois d’avril 2024. Ces Actualités législatives et…more

Advertising, European Union Intellectual Property Office (EUIPO), France, Influencers, Social Media

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Doing business – Consumer sector (UPDATED)

Entering a new market can be a game changer for businesses in the consumer industry, but it can come with some significant legal risks. Consumer protection laws, supply chain issues, product regulation, data privacy issues,…more

Antitrust Provisions, Business Development, Business Formation, Business Pursuits, Doing Business

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Long-awaited Trademark Law of Myanmar to be announced this year

Trade mark owners worldwide should watch out for the long-awaited first modern Trademark Law in Myanmar – very likely to come into force anytime in the coming months…more

First-to-File, Intellectual Property Protection, Legislative Agendas, Myanmar, Pending Legislation

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Japan’s New Chip Equipment Export Rules Take Effect

Effective 23 July 2023, Japan’s Ministry of Economy, Trade and Industry (“METI”) imposed export regulations on 23 types of advanced semiconductor manufacturing equipment. The new rules require Japanese suppliers to obtain a…more

Exports, FEFTA, Japan, METI

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Private Equity: Opportunities for Australia funds and investors as climate consultation closes

The submission window on a second Australian government consultation paper on climate change disclosure closed on 21 July 2023. Climate-related disclosure obligations look set to be introduced in three phases from 2024 onwards,…more

Australia, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Private Equity

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Dispositif Encadrement des avantages : actualisation de la liste des typologies thématiques des avantages et des conventions

Répondant aux critiques émanant de la pratique, un arrêté en date du 20 janvier 2023 a modifié l'arrêté du 24 septembre 2020 portant sur la typologie thématique des avantages et des conventions en application de l'article…more

France, Health Care Providers, Life Sciences, Public Health

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Engage Finance Newsletter N°26, Mai 2024 – France

Extension de procédure collective en raison d'un compte courant d'associé débiteur Cass. Com., 13 septembre 2023, n°21- 21.693 Par un arrêt en date du 13 septembre 2023, la chambre commerciale de la Cour de cassation a rendu une…more

Banking Sector, Banks, Financial Institutions, Financial Services Industry, France

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Global Real Estate Horizon Scanner – Spring 2024 edition

A glance at the legislative changes likely to impact global real estate over the next few months. What legal developments can we expect to see globally this Spring? Whichever jurisdiction you operate in, there is an array of…more

Energy Sector, Environmental Social & Governance (ESG), Real Estate Market, Renewable Energy

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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Global Real Estate - What's coming up in 2024?

After all of the macro-economic and geo-political turbulence and challenges of 2023, what can we expect in 2024 - are we seeing reasons for optimism when we consider the Real Estate market on a global scale? What’s in store for…more

Germany, Interest Rates, Investors, Italy, Real Estate Market

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U.S. Supreme Court upholds California’s Proposition 12 law regarding animal welfare

The Supreme Court issued a decision on May 11, 2023, upholding California’s Proposition 12 against a challenge under the U.S. Constitution’s Dormant Commerce Clause. Proposition 12 is a ballot initiative passed by the state’s…more

Constitutional Challenges, Dormant Commerce Clause, Farm Animals, Interstate Commerce, SCOTUS

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A Turning Point for Tech – Global survey on digital regulation

Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s…more

5G Network, Big Tech, Business Model, Competition, Copyright

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Vietnam’s power development plan – From aspiration to reality

Less than two weeks after the Vietnamese Prime Minister approved the national power development plan for 2021-2030 (“PDP8”), Hanoi and other major northern cities of Vietnam experienced serious electricity supply crunch during…more

Clean Energy, Energy Policy, Infrastructure, Net Zero, Popular

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Advancing arbitration in Indonesia: Key changes under Supreme Court Regulation No 3 of 2023 (SCR 3/2023)

Arbitration has long been a preferred method for resolving commercial disputes in Indonesia. With the recent enactment of SCR 3/2023, significant changes have been introduced which should enhance the arbitration landscape. We…more

Arbitration, Arbitration Agreements, Arbitrators, Indonesia

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How to draft for concurrent delay wherever your projects are

A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer…more

Appeals, Breach of Contract, Construction Contracts, Construction Industry, Construction Litigation

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SEC overhauls mining property disclosure regime

On October 31, 2018, the SEC released comprehensive property disclosure rules for mining registrants that represent the first major change to the rules since 1982. The new rules require companies with material mining operations…more

Committee for Mineral Reserves International Reporting Standards (CRIRSCO), Critical Infrastructure Sectors, Disclosure Requirements, EDGAR, Mineral Exploration

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The Italian Data Protection Authority launches public consultation on webscraping

The Italian Data Protection Authority (Garante per la protezione dei dati personali) has launched a public consultation on webscraping. On 22 November 2023, the Italian Data Protection Authority (Garante per la protezione dei…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Italy

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Coronavirus FAQ: Key legal considerations for Russia

Moscow authorities strongly encourage employers to introduce remote working (work from home) regime where possible. Please make sure you carefully document the new working regime in the addenda to the employment contract or have…more

Business Continuity Plans, Coronavirus/COVID-19, Corporate Governance, Crisis Management, Emergency Management Plans

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Central Bank of Ireland issues Guidance on authorisation of PIs and EMIs and registration of AISPs

On 9 April 2024, the Central Bank of Ireland (the "CBI") issued guidance on the authorisation of payment institutions ("PIs") and Electronic Money Institutions ("EMIs") and the registration of account information service…more

Banking Sector, Banks, Central Bank of Ireland, Financial Institutions, Ireland

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PSD3: European Parliament adopts amended PSD3 and PSR texts at first reading

On 23 April 2024, the European Parliament announced its adoption at first reading of amended texts of the European Commission’s June 2023 legislative proposals for a Directive on payment services and electronic money services…more

EU, European Banking Authority (EBA), Financial Services Industry, Payment Services Directive, PSD2

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Eleventh Circuit decision could significantly expand scope of orphan exclusivity

With the issuance of its mandate on January 28, 2022, in Catalyst Pharmaceuticals, Inc. v. Becerra, the U.S. Court of Appeals for the Eleventh Circuit has upheld the orphan exclusivity for Catalyst Pharmaceuticals, Inc…more

FDA Approval, Food and Drug Administration (FDA), Life Sciences, Orphan Drugs, Pharmaceutical Industry

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UK snap general election stalls the progression of Bill intended to reform the English Arbitration Act 1996

The UK government’s decision to call a snap general election has stalled the progression through Parliament of the Arbitration Bill, which was drafted to implement the Law Commission’s recommendations to modernise and streamline…more

Arbitration, Arbitration Agreements, Arbitrators, International Arbitration, UK

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A new “world first” gold standard for EU green bonds (UPDATE)

As part of the European Commission’s strategy for financing the transition to a sustainable economy, the EU has been debating for some time how best to put in place a regulatory regime for EU green bonds. This resulted in the…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA)

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Crack down on Environmental Crime: new Economic Crime Unit and water bonus ban

The Environment Agency has launched a new Economic Crime Unit to enhance its fight against financial crimes in the waste management sector. This move aims to bolster the agency's capabilities in conducting financial…more

Anti-Money Laundering, Financial Crimes, Investigations, Money Laundering, UK

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Highlights of new SEC rules on climate-related disclosures

On March 6, 2024, the U.S. Securities and Exchange Commission adopted its highly anticipated rules requiring climate-related disclosures. The final rules represent a significantly less burdensome set of rules than those proposed…more

Climate Change, Corporate Governance, Disclosure Requirements, Final Rules, Greenhouse Gas Emissions

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Environmental, social, and governance concerns: shifting mindsets in Asia

The continued growth of China as a global economic powerhouse and the ongoing success of the Tiger Economies - South Korea, Singapore, Hong Kong, and Taiwan - has fueled investor appetite across the region…more

Asia, China, Corporate Governance, Infrastructure, Investment

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Australian Waste to Energy market - What's next and some lessons learned

Australia's thermal Waste to Energy (WtE) market took a giant leap forward in October, with the Kwinana WtE project reaching financial close. …more

Australia, Energy Projects, Geothermal Energy, Infrastructure, Natural Resources

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2023 Doing Business in the United States

The U.S. is one of the easiest jurisdictions in the world in which to do business and continues to be the world’s top destination for foreign direct investment. Regulatory barriers are generally low, establishing a branch or…more

Board of Directors, CFIUS, Chapter 11, Chapter 7, Commercial Bankruptcy

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Client note – new labor code 2019

After much consultation and heated debate, Vietnam adopted a new Labor Code on 20 November 2019 ("Labor Code"), which will come into effect on 1 January 2021, and replace the current law which dates from 2012. While Vietnam's…more

Anti-Discrimination Policies, Employer Rights, Employment Contract, Employment Discrimination, Fixed-Term Labor Contracts

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Higher Standard Required: Supreme Court on Foreign Sovereign Immunities Act

On Monday, the Supreme Court of the United States issued its opinion in Venezuela v. Helmerich & Payne, a dispute over the proper pleading standards for parties suing foreign governments in U.S. courts. The decision was an 8-0…more

Expropriation, Foreign Sovereign Immunities Act of 1976 (FSIA), Foreign Sovereigns, Jurisdiction, Oil & Gas

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Italy-Africa Conference, Mattei Plan: over €5 bln to enhance collaboration with African countries

Following the conversion of Law Decree No. 161 of 15 November 2023, known as the Mattei Plan, which occurred on 11 January 2024, the Italian Government hosted in Rome the Italy-Africa Conference, revealing key facts of the…more

Energy Projects, Energy Sector, Infrastructure, Renewable Energy

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Proposed changes to disaster reporting obligations for satellite operators

The Federal Register has published FCC network resiliency rule change proposals that may add reporting obligations for satellite operators.  Comments are due on or before April 29, 2024, and reply comments are due on or before…more

Comment Period, FCC, Reporting Requirements, Satellites

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Mexico: New Federal Law for Protection of Industrial Property & amended Federal Copyright Law & Criminal Code

On 30 June the House of Representatives voted and approved 3 decrees whereby A new Federal Law for the Protection of Industrial Property is enacted, Federal Copyright Law is amended; and, Federal Criminal Code is also amended…more

Copyright, Criminal Code, Free Trade Agreements, Industrial Design, Intellectual Property Protection

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Securitisation disclosure - Could less be more?

The detailed disclosure requirements under the Securitisation Regulations in the EU and UK, which aim to ensure that investors receive the information needed to make informed assessments, have been considered by many market…more

Disclosure Requirements, EU, European Securities and Markets Authority (ESMA), Financial Conduct Authority (FCA), Prudential Regulation Authority (PRA)

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Financial Institutions Horizons 2022

At our recent global conference we held in partnership with Global Digital Finance, our keynote speaker suggested that the three major drivers for financial institution regulators and policy makers for the next few years would…more

Banking Sector, Blockchain, Cryptocurrency, Digital Currency, Environmental Social & Governance (ESG)

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UK government consults on future of consumer information requirements for payment accounts

As part of the Edinburgh Reforms announced by the UK Chancellor of the Exchequer on 9 December 2022, HM Treasury is consulting on the customer information requirements in the Payment Accounts Regulations 2015 (PARs) which…more

Financial Institutions, Financial Services Industry, HM Treasury, Payment Accounts Directive (PAD)

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HHS final rule requires HIPAA compliance changes for reproductive health care information

The HIPAA Privacy Rule has been modified by the US Department of Health and Human Services (HHS) to increase privacy protections for reproductive health care information. These changes, which will take effect in early 2026,…more

Data Privacy, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Reproductive Healthcare Issues

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SEC adopts significant new cybersecurity disclosure requirements

On July 26, the SEC adopted amendments to Regulation S-K and Exchange Act forms requiring public companies to disclose on a current basis material cybersecurity incidents and to disclose annually information regarding their…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Final Rules, Publicly-Traded Companies

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Reforma Ley General de Sociedades Mercantiles para celebrar asambleas y juntas de consejo por medios electrónicos

El 20 de octubre de 2023 se reformó la Ley General de Sociedades Mercantiles a efecto de permitir la celebración de asambleas de socios y/o accionistas y de los órganos de administración de manera remota y a través de medios…more

Board Meetings, Corporate Governance, Shareholder Meetings, Shareholders

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Court strikes down Dutch regulator’s strict legitimate interest interpretation

On November 23, a Dutch lower administrative court annulled a EUR 575,000 fine imposed by the Dutch supervisory authority (Dutch SA) against VoetbalTV for relying on its legitimate interest for solely commercial purposes…more

Court of Justice of the European Union (CJEU), Data Management, EU, General Data Protection Regulation (GDPR), Legitimate Business Interest

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A Leap Day Bonus

Wishing you a Happy Leap Day for tomorrow! Traditionally the day for women to issue marriage proposals, 29 February may also have an unexpected consequence for buyers and sellers of commercial properties when they work out their…more

Commercial Leases, Commercial Tenants, Contract Terms, Landlords, Rental Property

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FTC establishes broad policy to require prior approval provisions in all merger divestiture orders

On 25 October, the FTC released a Statement on the Use of Prior Approval Provisions in Merger Orders (Prior Approval Statement) making clear that the agency intends to include in all divestiture orders a requirement that the…more

Acquisitions, Antitrust Investigations, Competition, Divestiture, Divestment

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Tech company that sells Indirectly to government may proceed with breach claims

Last week, the United States Court of Appeals for the Federal Circuit (Federal Circuit) held that a software licensor may proceed with its claim that the Federal Government breached its software end user license agreement…more

End-Users, EULA, License Agreements, Software, Software Licenses

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Southeast Asia – looking ahead into 2021

As we turn our attention to 2021, here at Hogan Lovells we are buoyed by prospects of a steadier economic climate for the year ahead. Many Southeast Asian countries have adopted a strict new norm in response to the COVID-19…more

Asia Pacific, Data Protection, Electricity, Foreign Investment, Free Trade Agreements

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Department of Labor issues final regulation on investment advice fiduciaries

On April 23, 2024, the Department of Labor (the “DOL”) issued a final regulation (the “Final Rule”) that describes the circumstances under which a person will be considered a fiduciary for purposes of the Employee Retirement…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Internal Revenue Code (IRC)

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Polska – wszystkie gwizdki gotowe!

Polska jest bliska przyjęcia przepisów o ochronie sygnalistów, czyli implementacji dyrektywy (UE) 2019/1937 z dnia 23 października 2019 r. w sprawie ochrony osób zgłaszających naruszenia prawa Unii. Projekt ustawy o ochronie…more

Data Protection, Employer Liability Issues, International Labor Laws, Poland, Retaliation

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Preparing for the CCPA draft regulations on cybersecurity audits

The California Privacy Protection Agency recently released updated draft regulations regarding cybersecurity audits under the California Consumer Privacy Act. On November 8, 2023, the California Privacy Protection Agency (CPPA)…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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FDA issues benefit-risk framework for assessing opioid drug applications, announces public meeting

Agency seeks input on “comparative advantage” requirement for new opioids - Yesterday, as part of its ongoing efforts to combat the current opioid crisis, FDA published a draft guidance, “Opioid Analgesic Drugs:…more

Applications, Comment Period, FDA Approval, Food and Drug Administration (FDA), Opioid

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Dutch Supreme Court hands down landmark decision on infringement of second medical use patents

On 3 November 2017, the Dutch Supreme Court (Hoge Raad) handed down a landmark decision on the infringement of second medical use patents in the Merck Sharp & Dohme Corp. (“MSD”) v. Teva Pharma B.V. and Pharmachemie B.V…more

Direct Infringement, Generic Drugs, Intellectual Property Protection, Merck, Netherlands

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Exchange control update

The 2018 budget speech delivered by the Minister of Finance on 21 February 2018 ushered in further relaxations to exchange control, which found its beginnings in South Africa as far back as 1939 when the country was a member of…more

Cross-Border Transactions, Foreign Direct Investment, Investment, Shareholder Rights, South Africa

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Obligaciones Patronales durante la Jornada Electoral

En el marco de las próximas elecciones del 2 de junio, queremos recordarles la importancia de cumplir con las obligaciones patronales establecidas en la Ley Federal del Trabajo para garantizar que todos los trabajadores puedan…more

Employer Liability Issues, International Labor Laws, Mexico, Voting Rights, Wage and Hour

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Impact of Russian Sanctions on International Arbitration – An update

Since the start of the war in Ukraine on 24 February 2022, several States and regional organizations including the UK, the US, and the EU have imposed extensive sanctions on Russia, or considerably reinforced the measures put in…more

Economic Sanctions, Foreign Policy, Foreign Relations, Military Conflict, Russia

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ADG Insights | PFAS contamination: An emerging threat and liability

Through ADG Insights, we share with you the top legal and political issues affecting the aerospace, defense, and government services (ADG) industry. Our ADG industry team monitors the latest developments to help our clients stay…more

Aerospace, Contaminated Properties, Contamination, Defense Sector, Environmental Protection Agency (EPA)

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New German restructuring law finally comes into force

As reported earlier, a new corporate restructuring law will be enacted in Germany. The new law's centerpiece will be the so-called stabilization and restructuring framework ("SRF")…more

Commercial Bankruptcy, Coronavirus/COVID-19, Debtors-in-Possession, EU, Germany

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Obligaciones Patronales durante la Jornada Electoral

En el marco de las próximas elecciones del 2 de junio, queremos recordarles la importancia de cumplir con las obligaciones patronales establecidas en la Ley Federal del Trabajo para garantizar que todos los trabajadores puedan…more

Employer Liability Issues, International Labor Laws, Mexico, Voting Rights, Wage and Hour

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UK: Digital Securities Sandbox now in force

On 8 January 2024, the Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023 entered into force, creating the Digital Securities Sandbox within which certain Financial Market Infrastructures will…more

Digital Securities, Financial Conduct Authority (FCA), Financial Services and Markets Act, HM Treasury, UK

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Global Accountants’ Liability Update – May 2020

Recent court decisions - Germany - Cum/Ex-trades spark litigation - So called Cum/Ex-trades have become one of the hottest legal topics in Germany. A flood of claims dealing with those trades has reached German civil,…more

Accounting, Accounting Standards, Auditors, Audits, Business Disruption

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COVID-19 Report for Life Sciences and Health Care Companies (UPDATED)

In Tuesday's Report: FDA warns over drug misbranded as COVID-19 treatment; podcast discusses Trump's "Buy American" executive order; an op-ed on the importance of protecting biomedical innovation; HHS sees high level departures;…more

Biopharmaceutical, Buy America, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Food and Drug Administration (FDA)

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Supreme Court of Justice decision regarding the Electricity Industry Law amendments

On April 7, 2022, the Mexican Supreme Court of Justice resolve Constitutional procedures filed to override the Electricity Industry Law amendments published on March 9, 2021, at the Official Gazette of the Federation…more

Electricity, Energy Market, Energy Reform, Energy Sector, Mexico

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FTC disputes new slate of Orange Book patents for weight loss, diabetes, asthma, and COPD drugs

On April 30, 2024, the Federal Trade Commission (FTC) announced that it sent a new set of warning letters to ten pharmaceutical companies. The letters inform the companies that the FTC has notified the Food and Drug…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), Life Sciences, Orange Book, Patents

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NIST refines Cybersecurity Security Framework, with increased focus on governance and supply chain

NIST has updated its widely used Cybersecurity Framework to provide key updates and practical resources for organizations to manage and discuss cybersecurity risk. The updated framework, which remains voluntary, is designed to…more

Cybersecurity, Cybersecurity Framework, NIST, Popular, Risk Management

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Real Estate Quarterly - Spring 2019

Hogan Lovells quarterly newsletter on legal topics relevant to the UK real estate industry. …more

Drones, Easements, Real Estate Investments, Real Estate Market, Residential Leases

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UK Consumer Duty: FCA publishes further portfolio letters to help firms with implementation

Following the raft of portfolio letters published by the FCA on 3 February 2023 (covered in our Engage article of 9 February 2023), the FCA has now published further portfolio letters setting out its expectations to support…more

Banks, Financial Conduct Authority (FCA), Financial Regulatory Reform, Financial Services Industry, UK

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UK Consumer Duty: Key considerations to ensure positive Consumer Support outcomes

The overarching aim of the Consumer Duty principle is to achieve good outcomes for customers. The Consumer Support outcome is intended to ensure that firms apply the same standards to customer journeys before and after the…more

Banking Sector, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry, FinTech

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EU consumer credit legislation in the digital era: Council of EU adopts CCD II

The EU has adopted the final text of the Directive on consumer credits to revise and replace the Consumer Credit Directive (2008/48/EC) (CCD II). The next step will be publication in the Official Journal of the EU and then entry…more

Credit, EU, European Banking Authority (EBA), European Commission

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Actualités Législatives et Réglementaires – Janvier 2024

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de janvier 2024. Ces Actualités législatives et…more

Auto Insurance, EU, Financial Services Industry, Insurance Industry, Offshore Wind

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EU adopts directive criminalising sanctions violations

On 24 April 2024, the European Union adopted a directive criminalizing the following sanctions violations:  The directive brings significant changes to EU sanctions enforcement by harmonising the rules on the violation of EU…more

Criminal Prosecution, Economic Sanctions, EU, Prohibited Transactions, Sanction Violations

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Private Equity: Opportunities for Australia funds and investors as climate consultation closes

The submission window on a second Australian government consultation paper on climate change disclosure closed on 21 July 2023. Climate-related disclosure obligations look set to be introduced in three phases from 2024 onwards,…more

Australia, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Private Equity

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International Trade Team Comments On U.S. - EU Trade Relations

The basic elements of the U.S.-EU trade relationship have not changed in recent years: The integration of the two economies has gone so far that most exchanges take place in a quasi-free trade zone environment. But the…more

EU, Trade Agreements, Transatlantic Trade and Investment Partnership

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The Commerce Department expands and clarifies the controls in the October 2023 Semiconductor Rules

The Department of Commerce’s Bureau of Industry and Security published an interim final rule to expand, correct, and clarify the two interim final rules published on October 25, 2023 with respect to semiconductor manufacturing…more

Bureau of Industry and Security (BIS), ECCNs, Export Controls, Exports, Interim Final Rules (IFR)

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Strengthen and streamline - Australia sets out plans to revamp its foreign investment regime

The Australian government has set out an ambitious plan to attract overseas investors with a proven track record whilst at the same time toughening up safeguards for investment seen as higher-risk. Treasury Minister Jim Chalmers…more

Australia, Critical Infrastructure Sectors, FIRB, Foreign Investment, National Security

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Actualités Législatives et Réglementaires – Avril 2024

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois d’avril 2024. Ces Actualités législatives et…more

Advertising, European Union Intellectual Property Office (EUIPO), France, Influencers, Social Media

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Automotive biometrics drive innovation and litigation risk

Over the past decade, the use of biometrics – measurements of people’s unique physical, physiological, biological, or behavioral characteristics – in smartphones, wearable technology, and employee timekeeping devices grew…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Facial Recognition Technology

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[Webinar] Staying ahead of the class: Emerging global issues in antitrust class actions - June 10th, 12:00 pm - 1:00 pm EDT

Join the Hogan Lovells Antitrust and Competition team on Thursday, June 10, 2021 where we will discuss current issues in antitrust class actions in both the U.S. and EU/U.K., including: - Current case developments related to…more

Antitrust Litigation, Ascertainable Class, Class Action, Continuing Legal Education, De Minimus Quantity Exemption

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ESG securitisation disclosure – a moveable feast

The securitisation industry is already very familiar with data reporting requirements. The growing need for disclosure supporting sustainability credentials will only add to this. We discuss below issues relating to ESG…more

Disclosure, Electric Vehicles, Environmental Social & Governance (ESG), European Banking Authority (EBA), Green Securities

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International products law review 2020: Issue 78

On 18 February 2020, the French Ministry of Economy and Finance announced the launch of a new online platform called SignalConso, an easy-to-use public service enabling individuals to report any consumer law issue they may face…more

Anti-Fraud Provisions, Class Action, Climate Change, Consumer Complaint System, Consumer Fraud

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Beneficiario Controlador

El 22 de septiembre de 2023, se publicaron en el Semanario Judicial de la Federación dos jurisprudencias emitidas por la Segunda Sala de la Suprema Corte de Justicia de la Nación que resuelve la constitucionalidad de la…more

Beneficiaries, Mexico, Tax Authority

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The ABC of ESG in Real Estate

What is ESG, and how does it apply to Real Estate assets? E stands for Environmental, and in a real estate context is fundamentally about reducing carbon emissions from the construction and occupation of buildings as we seek to…more

Business Strategies, Carbon Emissions, Community Development, Corporate Social Responsibility, Environmental Social & Governance (ESG)

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New tax obligations for platform operators as Spain transposes DAC7

Pursuant to the transposition in Spain of the Council Directive (EU) 2021/514 of 22 March 2021 (so-called “DAC7”) and the implementation of the Model Rules for Reporting by Platform Operators developed by the OECD/G20 BEPS…more

EU, International Tax Issues, Member State, OECD

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Coronavirus FAQ: Key legal considerations for Russia

Moscow authorities strongly encourage employers to introduce remote working (work from home) regime where possible. Please make sure you carefully document the new working regime in the addenda to the employment contract or have…more

Business Continuity Plans, Coronavirus/COVID-19, Corporate Governance, Crisis Management, Emergency Management Plans

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New Washington consumer health privacy policy guidance may complicate broader compliance efforts

Adding to the growing list of heightened privacy and data protection requirements imposed on consumer health data and other categories of sensitive personal data, the Washington Attorney General recently updated its guidance on…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Data Security

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The new Italian Insolvency Code: a predicted revolution

The most innovative features of the new Insolvency Code include, among others: (i) the introduction of safeguard obligations aimed at detecting corporate distress and promoting the adoption of restructuring tools at an early…more

Commercial Bankruptcy, Corporate Restructuring, Creditors, Debt Restructuring, Insolvency

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Department of Labor issues final regulation on investment advice fiduciaries

On April 23, 2024, the Department of Labor (the “DOL”) issued a final regulation (the “Final Rule”) that describes the circumstances under which a person will be considered a fiduciary for purposes of the Employee Retirement…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Internal Revenue Code (IRC)

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New Commission Action Plan to boost biotechnology and biomanufacturing in the EU

Today, 20 March 2024, the European Commission issued an important Communication aimed at boosting biotechnology and biomanufacturing in the EU. These sectors are identified as key strategic areas with ever-increasing growth both…more

Biotechnology, EU, Manufacturers, OECD, Research and Development

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Indonesia, buckle up for more competition/antitrust enforcement!

KPPU, the Indonesian Competition Authority, announced that the relaxation measures which were in place due to the pandemic will no longer be applicable as of 1 May 2022. Corporations carrying out business in Indonesia or related…more

Antitrust Provisions, Antitrust Violations, Competition, Competition Authorities, Criminal Investigations

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The Canadian Ombudsperson for Responsible Enterprise – Lingering Questions on the Role’s Mandate and Powers

Earlier this month, the Canadian government announced the appointment of Sheri Meyerhoffer as the first Canadian Ombudsperson for Responsible Enterprise (“CORE”). The position has been lauded as being the first of its kind in…more

Canada, Corporate Social Responsibility, Cross-Border Transactions, Fashion Industry, Human Rights

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Aerospace & Defense Insights: Roadmap for False Claims Act enforcement in 2022

Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in…more

Aerospace, Cybersecurity, Defense Sector, Department of Justice (DOJ), DFARS

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Employment Law Newsletter – May 2019

Our Paris office is pleased to present its monthly newsletter on employment matters. 1. Equal Treatment / Collective Bargaining Agreement: The French Supreme Court sets limits to the assumption of justification relating to…more

Collective Bargaining, Equal Protection, France, French Supreme Court, International Labor Laws

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UK Supreme Court preserves principles of contractual interpretation in RTI Ltd v MUR Shipping BV

The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual…more

Arbitration, Contract Terms, Delays, Force Majeure Clause, UK

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International products law review 2020: Issue 77

We're excited to bring you issue 77 of our "International products law review" with insights and updates on all aspects of products law. In this issue, provide updates on COVID-19, address promoting the circular economy…more

Consumer Product Companies, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Drones, EU

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CMA issues statement on permitted collaboration to assist provision of combination therapies to NHS

The UK CMA has published practical guidance confirming its commitment to ensuring that competition law does not hinder collaborations between medicine manufacturers which aim to make innovative and life-saving combination…more

Competition, Pharmaceutical Industry, UK, UK Competition and Markets Authority (CMA)

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Adler on Appeal – Adler plan set aside in first ever appeal of an English restructuring plan

On 23 January 2024, the English Court of Appeal set aside the April 2023 order of the High Court sanctioning the English Part 26A restructuring plan (the “Plan”) proposed by AGPS BondCo plc (the “Plan Company”), a subsidiary of…more

Appeals, Creditors, Insolvency, Restructuring

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FDI - A global perspective

During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments…more

Acquisitions, CFIUS, Foreign Investment, Mergers, National Security

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Domain Name News: May 2024

This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Nominet…more

Domain Name Registration, Domain Names, gTLD, ICANN, Intellectual Property Protection

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Highlights of new SEC rules on climate-related disclosures

On March 6, 2024, the U.S. Securities and Exchange Commission adopted its highly anticipated rules requiring climate-related disclosures. The final rules represent a significantly less burdensome set of rules than those proposed…more

Climate Change, Corporate Governance, Disclosure Requirements, Final Rules, Greenhouse Gas Emissions

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Third time lucky? 1.5% UK stamp tax vs “Brexit 3.0” - update

Draft UK legislation was previously published proposing to remove the 1.5% stamp tax charge on issues, and certain transfers, of securities to depositary receipt systems and clearance services (or their nominees) currently…more

Capital Markets, Corporate Taxes, Stamp Taxes, UK

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UK sustainability and building owners: paving the way to net zero

With the clock ticking on the 2050 net zero target, what’s next on the sustainability agenda for building owners? As 2022 gets under way, the UK is another year closer towards the government’s target of achieving net zero by…more

Air Pollution, Carbon Emissions, Climate Change, Energy Efficiency, Environmental Policies

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China finalizes its Provisions to Promote and Regulate Cross-Border Data Transfers

On 22 March, 2024, the Cyberspace Administration of China (“CAC”) finalized its Provisions to Promote and Regulate Cross-Border Data Transfers (“Final Provisions”).  The Final Provisions were long anticipated following a public…more

China, Cybersecurity, Data Privacy, Data Protection, Data Security

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Development and the challenge of rising inflation: a European comparison

It’s almost impossible to escape stories of rocketing inflation and increasing costs globally. The development industry isn’t immune to these pressures but is there more to this trend than the increased cost of materials? And…more

EU, France, Germany, Inflation Adjustments, Price Inflation

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FTC amends Safeguards Rule to require non-banking financial institutions to report data breaches

Against the backdrop of the National Cybersecurity Strategy’s stated goal of harmonizing federal cyber incident reporting requirements, new requirements still continue to emerge. Among the latest is a Federal Trade Commission…more

Banking Sector, Cybersecurity, Data Breach, Federal Trade Commission (FTC), Financial Institutions

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CJEU draws the (dotted) line on subject matter in figurative/position marks

Judgment of 6 June 2019 in Case C-223/18 P Deichmann v EUIPO – Munich - The Court of Justice (CJEU) upholds the General Court (GC) finding that for a figurative mark featuring elements represented using dotted lines (in…more

Color Marks, Court of Justice of the European Union (CJEU), EU, Fashion Branding, Fashion Design

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House of Commons Treasury Select Committee – SME Access to Finance

On 8 May 2024 the House of Commons Treasury Select Committee (TSC) published its Report on SME Finance. Recognising that SMEs are a key part of the UK’s economy, the TSC Report focusses on 5 areas which may act as barriers to…more

Banking Sector, Banks, Financial Conduct Authority (FCA), Financial Services Industry, UK

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UK: FCA and PRA consult on diversity and inclusion in the financial sector

On 25 September 2023, the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) published long-awaited proposals to introduce a regulatory framework for diversity and inclusion (D&I) in the financial…more

Banks, Diversity, Financial Conduct Authority (FCA), Financial Services Industry, Prudential Regulation Authority (PRA)

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The Intersection of Customary Law and Environmental Protection

It shouldn’t be possible for the state to criminally prosecute a person for exercising their legal rights. This was, however, exactly what happened to Mr Gongqose and other members of the Dwesa-Cwebe community after they were…more

Critical Habitat, Environmental Policies, Environmental Violations, Natural Resources, South Africa

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FDA fills 510(k) guidance gaps with drafts on predicate devices, clinical data, implantables

The U.S. Food and Drug Administration (FDA) Center for Devices and Radiological Health (CDRH) has issued three new draft guidances as part of an effort to modernize its 510(k) Program for new products that can be found…more

510(k) RTA, Food and Drug Administration (FDA), Life Sciences, Medical Devices, Pharmaceutical Industry

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UK CMA publishes AI Foundation Models update paper

The UK Competition and Markets Authority (“CMA”) has published an “Update Paper” outlining its evolving views on AI foundation models as well as its approach to supporting Government consideration on possible regulation. This…more

Algorithms, Artificial Intelligence, Competition, Competition Authorities, Merger Controls

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SEC proposes significant new cybersecurity disclosure requirements

On March 9, 2022 the SEC proposed rule amendments that would require public companies to report detailed information about material cybersecurity incidents affecting their business and about their cybersecurity risk management…more

Comment Period, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 8-K

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Reforma Ley General de Sociedades Mercantiles para celebrar asambleas y juntas de consejo por medios electrónicos

El 20 de octubre de 2023 se reformó la Ley General de Sociedades Mercantiles a efecto de permitir la celebración de asambleas de socios y/o accionistas y de los órganos de administración de manera remota y a través de medios…more

Board Meetings, Corporate Governance, Shareholder Meetings, Shareholders

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An unsecured “credit bid” – a first in the UK restructuring market

The UK High Court has considered and granted permission for a so called “credit bid” in an application by the Special Administrators of Sova Capital Ltd (in special administration) for a substantial portfolio of illiquid Russian…more

Commercial Bankruptcy, Credit Bids, Creditors, Debt Restructuring, Insolvency

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HKEx Sanctions Guidance Letter - March 2019

On Friday 22nd March 2019, the Stock Exchange of Hong Kong (HKEx) released a guidance letter that provides additional clarity on the types of activities by listing applicants in jurisdictions, or with persons or entities, which…more

Capital Markets, Economic Sanctions, Hong Kong, Hong Kong Stock Exchange, Initial Public Offering (IPO)

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EU Non-Performing Loans Directive: Potential impact of implementation in some key Member States

The EU Directive (EU) 2021/2167 (NPL Directive), published in the Official Journal of the EU on 8 December 2021 and regulating the sale, purchase and servicing of both consumer and commercial non-performing loans (NPLs)…more

Banking Sector, Consumer Financial Products, EU, Financial Institutions, Financial Services Industry

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Italy – COVID-19 pandemic: new measures issued by the Italian Government

Last 31st March 2022 the emergency period terminated; the recent Law Decree No. 24/2022 provides, among others, the extension of the “simplified” agile work regime and the gradual elimination of the Green Pass…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, International Labor Laws, Italy

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Einfluss der Zustimmung des Aufsichtsorgans auf die Geschäftsleiterentlastung im Rahmen der BJR

In Prozessen, welche die Haftung von Geschäftsleitern betreffen, kommt der Genese unternehmerischer Entscheidungen oftmals eine wesentliche Bedeutung zu. Hierbei sind Unternehmen und anwaltliche Vertreter gut beraten, auch einer…more

Board of Directors, Business Judgment Rule, Germany, Liability, Managers

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After Extensive Public Comments, Federal Civil Rulemaking Committee Approves Revised Rule on MDLs

After seven years of meetings, public hearings, revisions, and written comments, on April 9, 2024, the Judicial Conference’s Advisory Committee on Civil Rules unanimously voted to advance a new Federal Rule of Civil Procedure…more

Class Action, Multidistrict Litigation, Proposed Rules, Public Comment

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The coronavirus (self-)test kits for laypersons – an approach in various steps

Step by step towards self-testing: Due to the Covid-19 pandemic, which continues to impinge upon everyday life, the German Federal Ministry of Health (Bundesministerium für Gesundheit, “BMG”), after approving the distribution of…more

Coronavirus/COVID-19, EU, Germany, Infectious Diseases, Public Health

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GMCQ: Global Media, Technology and Communications Quarterly – Spring/Summer 2020

COVID-19 and IT service provider contracts: A checklist for force majeure events - The COVID-19 pandemic, and the various restrictions that have been implemented in response to it, are causing extraordinary business…more

China, Contract Terms, Coronavirus/COVID-19, Deep Fake, Force Majeure Clause

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Hogan Lovells secures resounding victory for ENRC in landmark case against Dechert and SFO

In a judgment made public on 16 May 2022, the High Court has made unprecedented findings of “extraordinary” and “almost unimaginable” misconduct by ENRC’s former solicitor, Neil Gerrard, and “bad faith opportunism” by three…more

Anti-Corruption, Bribery, Corruption, Enforcement Actions, Legal Professional Privilege

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The path ahead for the USMCA: Will it be ratified by the U.S. Congress in 2019?

On 30 November 2018, President Donald Trump delivered on his campaign promise and reached an agreement with Mexico and Canada to replace the North American Free Trade Agreement (NAFTA) with the United States-Mexico-Canada…more

Canada, Cross-Border Transactions, Exports, Foreign Relations, Free Trade Agreements

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The online health data ecosystem takes another regulatory hit

Health companies cannot use online tracking technologies like other consumer organizations. This refrain, repeated frequently by regulators, litigants and the media in recent months, may now have found its clearest voice in the…more

Cookies, Cybersecurity, Department of Health and Human Services (HHS), Federal Trade Commission (FTC), FTC Act

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CPRA Countdown: New rules for consent in California, but only in limited use cases

Consent is newly defined by the California Privacy Rights Act (CPRA). While this new definition of consent—which highlights specific, informed, and freely-given actions—closely aligns with the European Union’s General Data…more

California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity, Data Management, Data Privacy

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The new Clinical Trials Regulation – what you need to know now - Episode 4: Protection of vulnerable groups.

With this series we provide insights on what you need to know now about the new EU Clinical Trials Regulation (“CT Regulation”). Episode : Protection of vulnerable groups This part of the series is about the protection of the…more

Clinical Trials, EU, EU Clinical Trials Regulation (CTR), Life Sciences, Pharmaceutical Industry

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OFAC issues interim final rule amending blocked property and other reporting requirements

The Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued an interim final rule set to take effect August 8, 2024, which amends the Reporting, Procedures, and Penalties Regulations (the “Regulations”)…more

Blocked Person, Economic Sanctions, Office of Foreign Assets Control (OFAC), Reporting Requirements, SDN List

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28 GHz Auction Nears Conclusion

The U.S. Federal Communications Commission auctions wireless broadband spectrum to the highest bidders, and the agency’s latest spectrum auction continues to march toward a conclusion…more

Auction, Broadband, Competitive Bidding, FCC, Spectrum

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New packaging rules will soon become law across the EU – consider the implications for your brand

The EU Packaging and Packaging Waste Regulation (PPWR) is about to come into force and will significantly change packaging laws across the EU. The aim of the legislation is to eliminate packaging waste by ensuring that all…more

Corporate Counsel, EU, Manufacturers, Product Packaging, Recycling

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CMS Issues Draft Guidance on Inflation Reduction Act (IRA) Drug Price Negotiation Program for 2027

On May 3, 2024, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for initial price applicability year (IPAY) 2027 of the Drug Price Negotiation Program established by the IRA. Notwithstanding the agency’s…more

Centers for Medicare & Medicaid Services (CMS), Draft Guidance, Drug Pricing, Inflation Reduction Act (IRA), Medicare

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AnAn refined – Singapore Court of Appeal allows winding-up in spite of arbitration agreement

The Singapore Court of Appeal has overturned the High Court decision in the case of Founder Group (Hong Kong) Limited (in liquidation) v Singapore JHC Co Pte Ltd [2023] SGCH 159, in the latest development concerning the…more

Arbitration, Arbitration Agreements, Insolvency, Singapore, Winding Up Petitions

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IP Enforcement Portal upgraded to allow for electronic filing of customs applications in the EU

IP Enforcement Portal is a single EU platform that assists IP right (IPR) owners to file and manage customs applications for action and to deal with related IPR enforcement matters. As of 13 December 2021, this tool has become…more

E-Filing, Electronic Filing, Enforcement Authority, EU, European Union Intellectual Property Office (EUIPO)

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Key considerations in negotiating generative AI agreements

This article explores certain key differences that should be taken into consideration when negotiating for the use of generative AI software platforms, compared to more traditional software offerings. For the sake of providing…more

Algorithms, Artificial Intelligence, Machine Learning, SaaS, Software Developers

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Asking the wrong questions: Consumer surveys may not save deficient labeling cases

Food labeling class actions brought on behalf of allegedly deceived consumers have become increasingly commonplace, especially in hotbed jurisdictions like California, New York, and Illinois. Labeling cases are, not unlike…more

False Advertising, Food Labeling, Food Manufacturers, Food Marketing, Misleading Impressions

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California enforcing broad “stewardship program” requirement for pharmaceutical companies

California’s Pharmaceutical and Sharps Waste Stewardship Act requires pharmaceutical companies doing business in the state to develop and submit a “stewardship plan” to CalRecycle, a branch of the state’s Environmental…more

Covered Entities, Environmental Policies, Pharmaceutical Industry, Prescription Drugs, Safe Drug Disposal

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AI deployment: German DPAs issue guidance on data protection compliance

On 6 May 2024, the German data protection authorities (“DPAs”) issued an extensive guidance paper on the GDPR compliant deployment of artificial intelligence (“AI”) applications. This article summarizes the key findings of the…more

Cybersecurity, Data Protection, Data Protection Authority, Germany, Personal Data

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Brexit and Data Protection: Boom for data centre operators in Continental Europe?

Data centre operators in Europe could benefit from Brexit and have already been preparing for years for precisely this scenario, including by expanding such data centre capacities in Continental Europe…more

Critical Infrastructure Sectors, Data Management, Data Protection, Data Security, EU

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Broiler Chicken Price-Fixing and Information Exchange Claims Against Agri Stats Defeated

On June 30, 2023 the U.S. District Court for the Northern District of Illinois granted a summary judgment motion filed by Hogan Lovells’ antitrust litigation team on behalf of its client Agri Stats, a company that provides…more

Antitrust Provisions, Antitrust Violations, Department of Justice (DOJ), Price-Fixing

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Hong Kong Court of Appeal rules arbitration agreement trumps winding-up petition in insolvency

The Hong Kong Court of Appeal has finally laid to rest the vexed issue of whether an arbitration agreement or a winding-up petition should take precedence in an insolvency situation. In two parallel decisions, the Court of…more

Arbitration Agreements, Hong Kong, Insolvency, Winding Up Petitions

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Hong Kong to adopt landmark change to state immunity from start of next year

It is anticipated that as of 1 January 2024, Hong Kong will follow the PRC in making a significant change to its concept of “sovereign” or “state” immunity which further enhances Hong Kong’s reputation as a dispute resolution…more

Arbitration, Arbitration Awards, Hong Kong, International Arbitration, Sovereign Immunity

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Arbitration Highlights in the Year of the Tiger

As the world welcomes in the Year of the Tiger, we look back at seven recent decisions that made an impact in the past year. In the decisions, the Hong Kong courts grappled with issues such as when winding-up petitions can be…more

Arbitration, Arbitration Agreements, Arbitrators, Dispute Resolution, Hong Kong

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Q1 2023 Quarterly Corporate / M&A decisions updates

M&A and shareholder litigation is off to a busy start in 2023, with Delaware courts issuing several interesting opinions. The Delaware Supreme Court reversed a Delaware Court of Chancery decision, finding that the “maximum…more

Board of Directors, Breach of Duty, Corwin Doctrine, DE Supreme Court, Fiduciary Duty

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Trademark Insight 05/2023 – European Union & Germany // Country Focus - Italy

Dear Readers, We are pleased to introduce an innovation in this issue of TRADEMARK INSIGHT: In response to many suggestions, in each issue, after the usual summaries of German and European trademark case law, we will put a…more

EU, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Italy, Trademark Application

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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FCA reviews disclosures of net changes to share capital

The FCA has recently completed a review of the way in which UK issuers disclose changes to their total voting rights to the market and the resulting effect on major shareholding notifications…more

Corporate Issuers, Disclosure Requirements, Financial Conduct Authority (FCA), Financial Markets, Market Participants

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Fit for the digital age – EU Commission consults on new competition rules for vertical agreements

The European Commission has invited interested parties to comment on the revised competition rules applicable to vertical arrangements under the Vertical Block Exemption Regulation and the Vertical Guidelines. It comes as no…more

Antitrust Provisions, Competition, E-Commerce, European Commission, Public Consultations

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Italy-Africa Conference, Mattei Plan: over €5 bln to enhance collaboration with African countries

Following the conversion of Law Decree No. 161 of 15 November 2023, known as the Mattei Plan, which occurred on 11 January 2024, the Italian Government hosted in Rome the Italy-Africa Conference, revealing key facts of the…more

Energy Projects, Energy Sector, Infrastructure, Renewable Energy

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German Constitutional Court rejects complaints against federal states' climate protection laws

In its decision of 18 January 2022, the German Federal Constitutional Court rejected several constitutional complaints against climate protection laws on the federal state level. Further to its seminal 2021 Climate Protection…more

Carbon Emissions, Climate Change, Constitutional Challenges, Environmental Litigation, Environmental Social & Governance (ESG)

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The Future of Mining | Sustainability

Welcome to the second report in our series looking at the Future of Mining in Africa, in collaboration with Africa Legal, the leading online thought leadership platform for professional services in Africa. This edition turns the…more

Africa, Economic Development, Energy Sector, Mining, Renewable Energy

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Italian Tax Bonus Decree: what's new on the Superbonus scheme

Through the conversion of Law Decree No. 39/2024 into Law No. 67 of 23 May 2024 (the "Tax Bonus Decree"), the Parliament has now approved a number of restrictions substantially limiting the benefits of the so-called Superbonus…more

International Tax Issues, Italy, Tax Liability, Tax Planning

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Nowelizacja Kodeksu spółek handlowych

W dniu 22 sierpnia 2023 r. Prezydent podpisał ustawę z dnia 16 sierpnia 2023 r. o zmianie ustawy – Kodeks spółek handlowych oraz niektórych innych ustaw („Ustawa”), która wprowadza wiele istotnych zmian w zakresie reorganizacji…more

Mergers, Partnerships, Poland

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Corona: In the North nothing new – Higher Regional Court of Schleswig to rent default of hotel operator

Consequences for the hotel industry Article 240 Section 2 of the Introductory Act to the German Civil Code (EGBGB), which was introduced due to the COVID-19 pandemic in April 2020, neither establishes a statutory deferral of…more

Coronavirus/COVID-19, Hospitality Industry, Hotels, Leases, Rental Property

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The European Commission launches its first ex-officio investigation under the FSR into Chinese wind turbines

On 9 April 2024, the European Commission launched its first ex-officio investigation under the EU Foreign Subsidies Regulation, targeting Chinese wind turbines in Spain, Greece, France, Romania and Bulgaria…more

Competition, EU, European Commission, Foreign Subsidies, Merger Controls

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COVID-19 Report for Life Sciences and Health Care Companies (UPDATED)

The COVID-19 Report is a compilation of coronavirus news, analysis, and insights from around the world to help life sciences and health care companies stay current in this challenging time. …more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Infectious Diseases, Intellectual Property Protection, Life Sciences

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Proposed changes to Mexico’s Consumer Protection Law

A proposal for new regulations to the Federal Consumer Protection Law was published by Mexico’s National Commission of Regulatory Improvement (CONAMER) on July 16, 2019. This Project of new Regulations is aimed to abrogate the…more

Advertising, Aviation Industry, Comparative Advertising, Consumer Protection Laws, Draft Guidance

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New Commission Action Plan to boost biotechnology and biomanufacturing in the EU

Today, 20 March 2024, the European Commission issued an important Communication aimed at boosting biotechnology and biomanufacturing in the EU. These sectors are identified as key strategic areas with ever-increasing growth both…more

Biotechnology, EU, Manufacturers, OECD, Research and Development

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Land of opportunity – why Australian investors are being drawn to the United States

Billions of dollars worldwide are pouring into the transition to green energy, no more so than in the United States (U.S.) where new legislation is providing a powerful stimulus. For Australian investors, the opportunity to…more

Foreign Investment, Inflation Reduction Act (IRA), Infrastructure Investment and Jobs Act (IIJA), Investors

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English Court denies permission for ClientEarth climate claim against Shell directors

The English High Court has refused permission for ClientEarth to continue a derivative claim against the directors of Shell in relation to the company's climate change commitments and management of climate change risk. In a…more

Board of Directors, Climate Change, Derivative Suit, Environmental Policies, Environmental Social & Governance (ESG)

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Trade-secret protections are getting stronger – and other IP trends chemical companies need to know

Trade secrets are fast becoming a crucial IP asset, and that’s good news for chemical companies – whose competitive advantage regularly comes not only from patented materials or products, but also erudite manufacturing…more

Chemicals, Data Protection, Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Manufacturers

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Modernisierte Mieterrechte – Förderung der Elektromobilität

Bereits jetzt übertrifft die Anzahl der Neuzulassungen von Elektroautos in Deutschland mit über 300.000 Zulassungen den Wert des Vorjahres. Elektrofahrzeuge werden immer beliebter und sind auch im Europäischen Green Deal sowie…more

Charging Stations, Climate Change, Commercial Leases, Commercial Tenants, Electric Vehicles

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Connected Vehicles in Focus at 2018 CES

In addition to displaying a wide array of next-generation connected vehicle technologies, the 2018 Consumer Electronics Show (“CES”) hosted lively discussion of the new possibilities that will be created as vehicles become…more

Automotive Industry, Connected Cars, Driverless Cars, Motor Vehicles, Regulatory Agenda

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Capital Markets Recovery Package (CMRP) – Quick fixes or long-term solution?

CMRP has introduced new EU rules for NPL securitisations and a framework for “STS” synthetic securitisations - On 1 January 2019 EU Regulation 2402/2017 (Securitisation Regulation) started to apply, giving rise to one of the…more

Capital Markets, EU, Framework Agreement, MiFID II, Non-Performing Loans (NPL)

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Neue Corona-Steuergesetze und Energiepreispauschale

Anhaltende Belastungen, die sich nicht zuletzt infolge der Corona-Pandemie sowie des Ukraine-Kriegs ergeben, stellen die Bürger*innen und Unternehmen in Deutschland vor große wirtschaftliche Herausforderungen. Zwei steuerliche…more

Business Interruption, Coronavirus/COVID-19, Energy Costs, Germany, Relief Measures

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German court exercises universal jurisdiction: Implications for corporate criminal liability under international law

On 24 February 2021, the Higher Regional Court (Oberlandesgericht) of Koblenz sentenced a former Syrian secret police officer to a prison term of four and a half years for aiding and abetting crimes against humanity (judgment of…more

Criminal Liability, Criminal Prosecution, EU, Germany, International Jurisdiction

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EU Class Action Update - Progress in France, Germany, Italy, the Netherlands, Poland and Spain

By 25 December 2022, all EU Member States were expected to have adopted and published, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2020/1828 on representative actions for the…more

Class Action, Collective Actions, Collective Redress, EU, Member State

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Support scheme for hydrogen-based electricity storage in Germany

Hydrogen is seen as a key element that can contribute to the decarbonization of economic sectors currently powered by fossil energy. Hydrogen has unique benefits, as it can be used both directly as a fuel for power generation…more

Electricity, Energy Sector, Energy Storage, Germany, Hydrogen Power

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Home truths: UK CMA wins in dispute over searches of domestic premises

The UK High Court has ruled against the Competition Appeal Tribunal (“CAT”) in a case about the power of the Competition and Markets Authority (“CMA”) to search domestic premises when investigating suspected anti-competitive…more

Anti-Competitive, Competition, UK, UK Competition and Markets Authority (CMA), UK Competition Appeal Tribunal (CAT)

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MOVE Sectors Newsletter | February 2024

Our quarterly MOVE newsletter provides you with the latest industry news, thought leadership, recent press highlights, updates on our global events, and other relevant hot topics highlighting mobility…more

Automotive Industry, Bribery, Corruption, Export Controls, Supply Chain

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The EASA publishes proposed airworthiness standards for small eVTOL aircraft for public consultation

On 15 October 2018, the European Aviation Safety Agency (EASA) opened a public consultation on proposed airworthiness standards for the certification of small electric vertical takeoff and landing (eVTOL) aircraft. The EASA is…more

Aircraft, Artificial Intelligence, Aviation Industry, Certification Requirements, Electric Vehicles

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Potential additional hurdle to clear if interest on intra-group debt is to be tax deductible in the UK

In applying the UK’s transfer pricing rules, tax advisers have to think beyond the amount of the debt and the interest rate to get comfortable that an intra-group loan is going to be tax deductible. Following a recent case,…more

Arms Length Transactions, HMRC, Intra-Group Transactions, OECD, Tax Deductions

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New EU Sanctions Reporting Obligations in Force as of 1 May 2024 and 1 June 2024

The new EU notification requirements relating to transfers of funds out of the EU by EU entities with a certain level of direct or indirect Russian ownership enters into force soon. The reporting obligation has a broad scope,…more

Corporate Counsel, Economic Sanctions, EU, Foreign Policy, Foreign Relations

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Enforcement of Emergency Awards – India takes a leap

On 6 August 2021, the Indian Supreme Court ruled that awards of emergency arbitrators in India-seated arbitration would be enforceable in India. This has attracted international attention in relation to the recognition of the…more

Arbitration, Arbitration Agreements, Arbitrators, Dispute Resolution, Indian Supreme Court

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SEC adopts major Rule 10b5-1 amendments and disclosure requirements relating to securities transactions

On December 14, the SEC adopted long-awaited amendments to Rule 10b5-1 under the Exchange Act that add new conditions for a trading arrangement to qualify for the rule’s affirmative defense against Rule 10b-5 liability for…more

10b5-1 Plans, Affirmative Defenses, Cooling-Off Rule, Corporate Governance, Disclosure Requirements

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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USDA publishes final determination to declare Salmonella an adulterant in raw breaded and stuffed chicken products

On April 26, 2024, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced its final determination to declare Salmonella an adulterant in not-ready-to-eat (NRTE) but appears ready-to-eat…more

Food Contamination, Food Safety, Food Safety and Inspection Service (FSIS), Food Supply, Poultry

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Nouvelle contrainte à la charge de l’industrie pharmaceutique dans la lutte contre les pénuries de médicaments

Un nouveau dispositif, porté par le projet de loi de financement de la sécurité sociale pour 2024, pourrait aboutir à imposer aux entreprises exploitant un médicament mature d’intérêt thérapeutique majeur qui souhaiterait en…more

France, French National Drug and Health Product Agency (ANSM), Manufacturers, Pharmaceutical Industry, Prescription Drugs

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JPM2024: Manufacturing outlook for transformative technologies

Cell, tissue, and gene therapies (CTGT) have for years offered the potential for truly personalized medicine for many near-incurable disease indications. In addition, radiopharmaceuticals and custom medical device deliverables…more

Food and Drug Administration (FDA), Life Sciences, Manufacturers, Medical Devices, Pharmaceutical Industry

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FDA finalizes guidance on “Remanufacturing” vs “Servicing”

The U.S. Food and Drug Administration (FDA) has finalized its guidance on “Remanufacturing of Medical Devices,” clarifying the point when manipulation or repair of a medical device becomes “remanufacturing” as opposed to…more

Food and Drug Administration (FDA), Life Sciences, Manufacturers, Medical Devices, Pharmaceutical Industry

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Going into Labor: The European Commission’s newfound Interest in Antitrust and Labor Markets

In May 2024, the European Commission (“EC”) published a policy briefing on the application of European competition law to conduct related to labor markets, in particular no-poach and wage-fixing agreements. The EC’s paper will…more

Competition, EU, European Commission, Treaty on the Functioning of the European Union (TFEU), Wage-Fixing

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"Make in India" Initiative Extends to Medical Devices - India's New Medical Device Rules Are Now in Effect

In January 2017, India's Ministry of Health and Family Welfare released the long-awaited Medical Device Rules of 2017 (MDR 2017 or the Act), which took effect on January 1, 2018. Upon implementation, this regulation replaced the…more

Clinical Trials, Country of Origin, India, Inspection Rights, Medical Devices

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COVID-19: EBA publishes guidelines on legislative and non-legislative moratoria on loan repayments

On 3 April 2020, the EBA published a final report containing guidelines on legislative and non-legislative moratoria on loan repayments as a result of the COVID-19 pandemic (EBA/GL/2020/02)…more

Coronavirus/COVID-19, Debt Collection, EU, European Banking Authority (EBA), Financial Institutions

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New German restructuring law finally comes into force

As reported earlier, a new corporate restructuring law will be enacted in Germany. The new law's centerpiece will be the so-called stabilization and restructuring framework ("SRF")…more

Commercial Bankruptcy, Coronavirus/COVID-19, Debtors-in-Possession, EU, Germany

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COVID-19: How the outbreak will impact disclosure deadlines and AGMs of listed and non-listed Dutch Companies

Governments' responses to COVID-19 are evolving on a daily basis. The measures against the coronavirus have a knock-on effect on Dutch companies' ability to comply with Dutch corporate law and best practice, particularly when it…more

Annual Meeting, Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Netherlands

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BIS and DDTC take steps to update U.S. export controls to support AUKUS

In mid-April, the U.S. Departments of Commerce and State took a series of related actions to support implementation of the Australia, UK, and U.S. Trilateral Security Partnership. On April 19, 2024, BIS issued an Interim Final…more

Bureau of Industry and Security (BIS), Commerce Control List, Directorate of Defense Trade Controls (DDTC), Export Administration Regulations (EAR), Export Controls

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FDA issues milestone draft guidance on decentralized clinical trial design & implementation

The U.S. Food and Drug Administration (FDA) has just published a highly-anticipated draft guidance on the implementation of decentralized clinical trials (DCTs) for drugs, biologics, and medical devices. In the draft guidance,…more

Clinical Trials, Digital Health, Draft Guidance, Food and Drug Administration (FDA), Life Sciences

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Secondaries and UK Stamp Duty

In private equity secondary transactions, it is commonly assumed that UK stamp duty is not payable. However, in light of the latest HMRC consultation on modernising stamp duty on shares, the approach to dealing with stamp duty…more

Covered Transactions, HMRC, Partnerships, Private Equity, Share Transfer

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International Product Liability Review - Issue 65

The International Product Liability Review provides quality updates and comment from around the world on legal developments in the field of product liability and product safety. …more

Animal Testing, Auto Insurance, Chain of Custody, Consumer Protection Act, Court of Justice of the European Union (CJEU)

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Biden Administration invites comments on new march-in rights framework

On Friday, December 8, the U.S. Department of Commerce's National Institute of Standards and Technology (NIST) opened for public comment its Draft Interagency Guidance Framework for Considering the Exercise of March-in Rights…more

Bayh-Dole Act, Biden Administration, Federal Contractors, Life Sciences, NIST

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BVerwG setzt Ausübung des gemeindlichen Vorkaufsrechts engere Grenzen

Das BVerwG hat am 9. November 2021 über die Ausübung eines gemeindlichen Vorkaufsrechts im Geltungsbereich einer Erhaltungssatzung bzw. -verordnung in Berlin-Kreuzberg (Milieuschutzsatzung) entschieden (4 C 1.20). Dabei urteilte…more

Foreign Investment, Real Estate Investments, Real Estate Market, Real Estate Transactions, Right of First Refusal

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UK Real Estate ESG Update

2024 continues to deliver waves of ESG-related news, updates and developments. In this latest ESG Update Robert Gowing considers the challenges inherent in the planning system when it comes to adapting or upgrading heritage…more

Environmental Social & Governance (ESG), Landlords, Leases, Real Estate Market, Sustainability

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Engage Finance Newsletter N°26, Mai 2024 – France

Extension de procédure collective en raison d'un compte courant d'associé débiteur Cass. Com., 13 septembre 2023, n°21- 21.693 Par un arrêt en date du 13 septembre 2023, la chambre commerciale de la Cour de cassation a rendu une…more

Banking Sector, Banks, Financial Institutions, Financial Services Industry, France

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UAE removed from the FATF's grey list

The Financial Action Task Force ("FATF") has announced that the UAE has been removed from its 'grey list' following substantial improvement in the stringency of its anti-money laundering ("AML") and combating the financing of…more

AML/CFT, Anti-Money Laundering, Financial Action Task Force, Financial Crimes, United Arab Emirates (UAE)

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AI Ads & Deepfake Celebs & Misleading Claims, Oh My! – United States

The explosion of artificial intelligence (AI) offerings and integrations in recent years has sent sepia-toned twentieth-century legal doctrines scrambling to keep up with decidedly technicolor twenty-first century technology. As…more

Advertising, Artificial Intelligence, Copyright, Deep Fake, False Advertising

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[Webinar] Restructuring a portfolio company webinar series: Part 2 – Distressed M&A in the U.S. - May 22nd, 11:00 am - 12:00 pm EDT

The COVID-19 pandemic has resulted in significant challenges and opportunities for private equity firms and strategic buyers in the United States. Please join us for a three-part webinar series on restructuring a portfolio…more

Acquisitions, Business Strategies, Buyers, CFIUS, Coronavirus/COVID-19

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Reforma Ley General de Sociedades Mercantiles para celebrar asambleas y juntas de consejo por medios electrónicos

El 20 de octubre de 2023 se reformó la Ley General de Sociedades Mercantiles a efecto de permitir la celebración de asambleas de socios y/o accionistas y de los órganos de administración de manera remota y a través de medios…more

Board Meetings, Corporate Governance, Shareholder Meetings, Shareholders

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Laid off but paid out? Indonesia’s Supreme Court clarifies compensation payment obligation for early termination

The Indonesian Supreme Court has issued new guidance on the issue of compensation pay and balance-of-contract pay for fixed term employees. On 29 December 2023, the Supreme Court of the Republic of Indonesia issued Circular…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Indonesia

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The Biden Administration and State Attorneys General continue to take aim at eliminating “junk fees”

In his recent State of the Union address, President Biden echoed his administration's commitment to tackling "junk and hidden fees," defined as charges to consumers providing little to no value and preventing clear understanding…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Fees, Hidden Fees

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Recent standard essential patent developments in US courts

Several recent developments in U.S. standard-essential patent litigation (SEP) provide insight into the evolving U.S. SEP landscape and how parties and courts shape parties’ obligations to negotiate licenses for SEPs on fair,…more

FRAND, Intellectual Property Protection, IP License, Patent Infringement, Patents

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Gesetzliche Neuregelungen im Arbeitsrecht 2024

Wie jedes Jahr sind auch im Arbeitsrecht zum 1. Januar 2024 eine Reihe von Neuregelungen in Kraft getreten. Zudem sind weitere Änderungen in der Pipeline. Werfen Sie mit uns einen Blick auf wichtige bereits beschlossene sowie…more

Data Protection, Employer Liability Issues, Foreign Workers, Germany, International Labor Laws

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FTC focused on competition and dominance in generative AI space

On January 25, 2024 the Federal Trade Commission (FTC) hosted a Technology Summit focused on generative artificial intelligence (AI) and other innovative technologies to address how control over key inputs—like data, chips, and…more

Abuse of Dominance, Artificial Intelligence, Competition, Federal Trade Commission (FTC), Popular

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To opt out or not to opt out, that is the question………

'Go live’ of Unitary Patents and the corresponding Unified Patent Court (UPC) system in the EU is imminent. The UPC system has particular relevance to life sciences and technology transactional and commercial contracts where…more

EU, Intellectual Property Protection, Patent Litigation, Patents, Unified Patent Court

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Enterprise Management Incentive option plans following expiry of EU State Aid approval – playing the waiting game

Enterprise Management Incentive ("EMI") option plans are one of the very few UK tax advantaged option plan arrangements. Companies qualify to grant EMI options if they meet qualifying criteria, including..…more

EU, Incentive Stock Options, Income Taxes, State Aid, Stock Options

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Beneficial Owners’ Register in Italy – A further step towards its implementation

Pursuant to the Law Decree no. 55 of 11 March 2022 (the “Decree”), published in the Italian Official Gazette on 25 May 2022, information about beneficial owners of Italian companies, foundations, associations and trusts will…more

Anti-Money Laundering, Beneficial Owner, Customer Due Diligence (CDD), EU, Italy

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Going with the flow – the appeal of the forward flow transaction in structured finance

Forward flow transactions are a useful product in the finance armoury for both lenders and borrowers. We discuss in this article some of the main features of forward flow transactions, why they are useful and some points to…more

Banking Sector, Borrowers, Financial Institutions, Lenders, Structured Finance

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High Court discovery ruling will transform international arbitration’

The U.S. Supreme Court issued a rare unanimous decision on June 13 in a pair of consolidated cases that will have broad ramifications for international arbitration. In ZF Automotive US Inc. v. Luxshare Ltd. and AlixPartners LLP…more

28 U.S.C. § 1782, AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States, Arbitration, Commercial Arbitration, Discovery

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Corruption In The Telecoms Sector: Beware The Elephant In The Room

The corruption risks of the telecommunications sector are too often given cursory consideration as, historically, there has been a keener focus on the extractive and energy sectors. Those sectors are considered to have a much…more

Anti-Bribery, Anti-Corruption, Bribery, Corruption, Enforcement Actions

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Hamburg DPA issues optimistic stance on Executive Order for EU-U.S. Data Privacy Framework

The Data Protection Authority (“DPA”) of the German state Hamburg is one of the first European DPA to publish an optimistic assessment on the U.S. Executive Order on “Enhancing Safeguards for United States Signals Intelligence…more

Adequacy Requirement, Court of Justice of the European Union (CJEU), Data Collection, Data Protection Authority, EU

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California’s second phase of CPRA rulemaking sets automated tools in the crosshairs

Businesses have until March 27, 2023, to respond to a series of questions from the California Privacy Protection Agency to inform its upcoming rulemaking on automated decision-making systems under the California Privacy Rights…more

California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Notice of Proposed Rulemaking (NOPR), Proposed Regulation, Public Comment

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Overbuilders and a bias for fiber: broadband proposals in American Jobs Plan face a tough fight ahead

Democrats and Republicans are at odds over the American Jobs Plan’s goals for broadband infrastructure as it faces a tough fight ahead. - President Biden’s American Jobs Plan set out lofty goals for broadband infrastructure,…more

Broadband, Congressional Investigations & Hearings, FCC, Federal Funding, Infrastructure

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Domain Name News: April 2024

This is the April edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: .SWISS…more

Domain Names, gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Coronavirus (COVID-19) | Summary of Key International Tax Measures

Taxpayer-friendly changes in tax law are fast becoming key weapons in governments’ arsenals for tackling the economic fallout of COVID-19. …more

Asia, Business Taxes, Coronavirus/COVID-19, EU, International Tax Issues

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Luxembourg, the space to be

Luxembourg is a jurisdiction, globally well-known for its fund industry (2nd place in the world for investment funds), but finance is not the sole sector you should have in mind while thinking of Luxembourg. The space sector, in…more

Funding, Luxembourg, Outer Space, Research and Development, Satellites

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Make Europe safe again – EU Commission proposal aims to take FDI screening to the next level

The EU Commission presented the long-awaited European Economic Security Package ("EESP"), a toolkit to ramp-up European action in investment, trade and research in the face of rising geopolitical tensions, geo-economic…more

EU, European Commission, Foreign Direct Investment, Foreign Investment, National Security

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COVID-19 Report for Life Sciences and Health Care Companies (UPDATED)

In Tuesday's Report: Moderna announces vaccine efficacy, Fauci concerned about presidential transition, testing labs raise supply chain alarm, impact of COVID-19 on insolvency and arbitration in the U.K., and a podcast on IVDs…more

Arbitration, Biden Administration, Coronavirus/COVID-19, Dr. Anthony Fauci, Emergency Use Authorization (EUA)

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Building Safety Act: Remediation Order imposed on pension fund landlord

Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, has secured a remediation order requiring a pension fund landlord to carry out fire safety remediation works totalling £15 million under Section 123…more

Landlords, Rental Property, Residential Leases, Tenants, UK

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Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

Virtually all industries are being reshaped with the use of Artificial Intelligence and advanced machine-learning. Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social…more

Antitrust Provisions, Artificial Intelligence, Asia Pacific, Connected Cars, Connected Items

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From 15 June the UK sanctions regime will be moving to a strict liability test

From 15 June 2022 the Economic Crime (Transparency and Enforcement) Act 2022 will introduce changes to the enforcement of UK sanctions laws that parallel enforcement powers held by the Office of Foreign Assets Control (‘OFAC’)…more

Breach of Financial Sanctions, Economic Sanctions, Export Controls, Exports, New Guidance

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Top Brexit developments in 2017 for ADG companies

On 23 June 2016, the people of the United Kingdom (UK) voted in a referendum to leave the European Union (EU). The UK Government gave the EU formal notice of its intention to withdraw from the EU on 29 March 2017. This triggered…more

Aerospace, Article 50 Treaty of the EU, Defense Sector, EU, EU Single Market

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Öffentliche Übernahmen in Deutschland Newsletter 2023

Herzlich willkommen zur sechsten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2022 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Capital Markets, Foreign Investment, Germany, Mergers

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Lender requirements for the Paycheck Protection Program under the CARES Act

On Thursday, April 2, 2020, the Small Business Administration (SBA) released the Interim Final Rule (Rule) under the CARES Act (Act) Paycheck Protection Program (PPP). Included in the Rule are the highly anticipated details…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Lenders

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Fighting misinformation - EU launches public consultation for the European Media Freedom Act

According to the European Commission, freedom of expression (one of the pillars of democracy in Europe) is in jeopardy, as governments and private groups increase pressure on the media. The Commission is due to enact a draft…more

EU, European Commission, Free Speech, Freedom of Expression, Journalism

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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Brexit: OLG München verneint Rechts- und Parteifähigkeit einer in Deutschland verwalteten UK Limited

"Brexit means Brexit" – so urteilte das OLG München Anfang August dieses Jahres. Das Gericht hatte über die Parteifähigkeit einer Gesellschaft zu entscheiden, die zwar als UK Limited gegründet wurde aber tatsächlich in…more

Cross-Border Transactions, EU, Financial Services Industry, Germany, Member State

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Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience to…more

Banking Sector, Blockchain, Cryptocurrency, Environmental Social & Governance (ESG), EU

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UK landlord and tenant: what does the upcoming election mean for leasehold reform?

As Rishi Sunak was deluged with rain announcing a general election on 4 July, those in the property world were wondering what this means for the flood of leasehold reform going through parliament. Here’s what you need to know…more

Landlords, Leases, Rent, Rental Property, Tenants

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Offshore wind projects with Chinese suppliers: Topics you should think about

Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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Cross-border Real Estate ESG: How will the EPBD affect EU member states… and what about the US and UK?

What is the latest position on the Energy Performance of Buildings Directive (EPBD)? How will different EU member states implement the new regime? How is the UK grappling with the need to improve energy performance across the…more

Climate Change, Cross-Border Transactions, Energy Efficiency, Environmental Social & Governance (ESG), EU

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ONE FINANCE Compliance in the Financial Services Sector

Compliance in the financial services sector has never been as important as it is today. The German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin) recently imposed a record fine…more

Anti-Money Laundering, BaFin, Compliance, Corporate Governance, European Central Bank

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Germany: Allowing a competitor to implement a characteristic product feature risks loss of its function as an indication of origin

Higher Regional Court Frankfurt am Main “Exzenterzähne II” (“Eccentric Teeth II”) - The Higher Regional Court Frankfurt am Main ruled that the unique selling point (USP) or “individual character” of a product that serves as…more

Competition, Germany, Intellectual Property Protection, Manufacturers, Patent Applications

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Talking Point: Insolvency risk in the construction industry

In the difficult market conditions which have accompanied the COVID-19 pandemic, the financial health of many industries has been adversely affected. The construction industry is no exception and the insolvency of a party to a…more

Commercial Bankruptcy, Construction Contracts, Contract Termination, Contract Terms, Contractors

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Abschluss der Koalitionsverhand-lungen – Erste Übersicht über die Vorhaben im Arbeitsrecht

SPD, FDP und Grüne haben eine Einigung über den Koalitionsvertrag erzielt. Das am Mittwoch, den 24. November 2021 veröffentlichte Regelwerk bekennt sich zu einem modernen, sozialen und nachhaltigen Staat und enthält konkrete…more

Employer Liability Issues, Germany, International Labor Laws, Labor Reform, Labor Regulations

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EU Council's position on the proposed revision of EU product liability law

The Council of the European Union ("Council") adopted its position on the European Commission's Proposal for a Directive on liability for defective products ("PLD Proposal") and suggested several changes to the initial draft…more

Corporate Counsel, EU, European Commission, Product Defects, Proposed Amendments

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EPA designates PFOA and PFOS as hazardous substances under CERCLA

The U.S. Environmental Protection Agency (EPA) has designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Ticking the box? Guidelines concerning reporting under the German Supply Chain Due Diligence Act

On 14 October 2022, the Federal Ministry for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Ausfuhrkontrolle; “BAFA”), has published its long-awaited questionnaire concerning the fulfilment of the reporting…more

Due Diligence, Environmental Social & Governance (ESG), EU, Germany, Questionnaires

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BHR update – Outcome of the last plenary session of the European Parliament

The last plenary session of the European Parliament – in its current composition before the next elections in June – took place from 22 to 25 April 2024. The session resulted in major developments, which will significantly shape…more

Due Diligence, EU, Forced Labor, Human Rights, Supply Chain

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Trademark Insight 02/2024 – European Union & Germany // Country Focus - UK

Dear Readers, This issue of Trademark Insight once again summarizes a number of interesting decisions from the past few months, including the following key cases: As always, we also report on current case law on the likelihood…more

EU, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Popular, Trademark Application

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Antitrust restrictions on price increases?

Antitrust law may restrict price increases if the preconditions of a pricing abuse are met. However, decision practice on this topic is scarce. Therefore, EDEKA’s petition for a preliminary injunction filed against Coca-Cola…more

Abuse of Dominance, Antitrust Provisions, Coca Cola, Federal Cartel Office (the FCO), Federal Trade Commission (FTC)

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The Spanish insurance sector in the light of the COVID-19 pandemic

1. Introduction - As from the second week of March 2020, we have witnessed the publication of several laws that seek to address the significant challenges posed by the (health, economic and social) crisis caused by the…more

Commercial Insurance Policies, Consumer Insurance Products, Contract Terms, Coronavirus/COVID-19, Insurance Claims

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Zahlungen bei Insolvenzreife nach neuem § 15b InsO-E

Das Gesetzgebungsverfahren zum Gesetz zur Fortentwicklung des Sanierungs- und Insolvenzrechts („SanInsFoG“) schreitet in beachtlicher Geschwindigkeit voran. Seit 14. Oktober 2020 liegt der Regierungsentwurf („RegE“) vor…more

Commercial Bankruptcy, Debt Restructuring, EU, Germany, Insolvency

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EU: MiFIR Amendments prohibiting Payment for Order Flow (PFOF) entered into force on 28 March 2024

On 8 March 2024, the final consolidated revised Markets in Financial Instruments Regulation (MiFIR) (Regulation (EU) 2024/791) and Markets in Financial Instruments Directive (MiFID II) (Directive (EU) 2024/790) texts were…more

EU, Financial Markets, MiFID II, MiFIR

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COFEPRIS define criterios en torno a la NOM-259 Buenas Prácticas de Fabricación Cosméticos

Derivado de la entrada en vigor de la NOM-259-SSA1-2022, Productos y servicios. Buenas Prácticas de Fabricación en Productos Cosméticos, la COFEPRIS emitió la circular para el sector regulado de productos cosméticos con el…more

Cosmetics, Manufacturers, Mexico

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COVID-19 and emergency inventions

As the spread of COVID-19 accelerates across the globe, everyone wants to find a way to tackle the pandemic, from Governments asking manufacturers to urgently make vital equipment to inventors creating innovative solutions…more

3D Printing, Compulsory Licenses, Coronavirus/COVID-19, EU, Exclusive Licenses

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Tech company that sells Indirectly to government may proceed with breach claims

Last week, the United States Court of Appeals for the Federal Circuit (Federal Circuit) held that a software licensor may proceed with its claim that the Federal Government breached its software end user license agreement…more

End-Users, EULA, License Agreements, Software, Software Licenses

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Doing business – Consumer sector (UPDATED)

Entering a new market can be a game changer for businesses in the consumer industry, but it can come with some significant legal risks. Consumer protection laws, supply chain issues, product regulation, data privacy issues,…more

Antitrust Provisions, Business Development, Business Formation, Business Pursuits, Doing Business

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CTA regulations set to take effect in January 2024 with obligations for some private fund sponsors

Effective January 1, 2024, new Treasury regulations under the Corporate Transparency Act (CTA) will require many U.S. entities and foreign entities doing business in the United States to report identifying beneficial owner…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Actualités Législatives et Réglementaires – Avril 2024

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois d’avril 2024. Ces Actualités législatives et…more

Advertising, European Union Intellectual Property Office (EUIPO), France, Influencers, Social Media

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U.S. Department of Justice updates its Enforcement Policy for Business Organizations

On March 7, 2024, the U.S. Department of Justice’s National Security Division (NSD) issued an updated Enforcement Policy for Business Organizations. The updated policy encourages companies to voluntarily disclose to NSD certain…more

Criminal Prosecution, Department of Justice (DOJ), Export Controls, National Security, Self-Disclosure Requirements

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Enka v Chubb: Supreme Court decision promotes certainty and enforceability

The court’s judgment also reaffirms that, where English law is the law of the seat, the English courts generally have jurisdiction to grant anti-suit injunctions to restrain breaches of the arbitration agreement, even where that…more

Anti-Suit Injunctions, Arbitration, Arbitration Agreements, Choice-of-Law, International Arbitration

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Mobile Arbeit und Desk Sharing: Handlungsbedarf und Einsparpotenziale "nach Corona"

Die Corona-Pandemie sorgte erstmals für eine flächendeckende Nutzung des Homeoffice in Deutschland. Viele Unternehmen und Mitarbeitende machten so zum ersten Mal Erfahrungen mit mobiler Arbeit. Mit der zuletzt neu eingeführten…more

Coronavirus/COVID-19, Flexible Work Arrangements, Germany, Home Offices, International Labor Laws

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Geheimsprache entschlüsselt: Erfolgreich und schnell zum rechtssicheren Arbeitszeugnis

Kaum ein Bereich der arbeitsrechtlichen Praxis ist so sehr von einzelnen Gerichtsentscheidungen geprägt, wie der des qualifizierten Arbeitszeugnisses. Von der Nichtzulässigkeit eines tabellarischen Zeugnisses, über die…more

Employee References, Employer Liability Issues, Germany, International Labor Laws

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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Scottish glens, German whisky and the question: Are you befuddled?

Court of Justice of the European Union, judgment of 7 June 2018, C-44/17 - Glen is a Gaelic word with a wonderful lyrical sound to it and reminiscent of idyllic remote Scottish valleys with the mists from the last rain…more

Court of Justice of the European Union (CJEU), EU, Geographically Descriptive, Infringement, Intellectual Property Litigation

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Dutch Supreme Court: Patentee not liable against health insurer for patent enforcement against generic

On 3 November 2023, the Dutch Supreme Court upheld the decision of the Court of Appeal of The Hague  in which life sciences company AstraZeneca (“AZ”) was held not to be liable towards health insurer Menzis for the enforcement…more

AstraZeneca, Intellectual Property Protection, Patent Infringement, Patent Invalidity, Patents

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New Boundaries for the Infrastructure M&A sector: German government approves draft regulation aimed at the further tightening of Foreign Direct Investment Control

The overall ongoing trend in major Western economies of tightening Foreign Investment Control is not being overlooked in Europe. As these new measures also particularly affect disposals and acquisitions of German "critical…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, EU, Foreign Acquisitions, Foreign Direct Investment

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Top tips for doing Capital Markets deals in Germany

A Practice Note setting out top tips from German counsel for doing capital markets deals in Germany. It highlights issues of which lawyers from outside Germany should be aware when doing capital markets work in Germany…more

BaFin, Capital Markets, Germany, Initial Public Offering (IPO), Shareholders

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Indonesian mining bill passed into law, poses new challenges and opportunities

Businesses are now entering a new era of mining in Indonesia. On 10 June 2020 President Joko Widodo finally signed a long-anticipated bill amending Law No. 4 of 2009 on Minerals and Coal Mining (the mining law) after previously…more

Critical Infrastructure Sectors, Economic Development, Energy Projects, Exploration and Production Assets, Indonesia

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UK recent developments in pensions webinar

On 21 June 2023, we held our recent developments in pensions webinar covering legal updates from the pensions industry from the recent months. Topics members of our team covered included: DB surplus (timestamp: 01.46 - 15.00)…more

Employee Benefits, Financial Conduct Authority (FCA), Pension Schemes, Pensions, The Pensions Regulator (TPR)

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Changes under the Future Financing Act – Employee equity finally future-proof?

With the recently published draft of a "Future Financing Act", the federal government has reacted to the criticism on the tax treatment of equity instruments granted to employees. From the perspective of young companies, the…more

Capital Markets, Germany, International Tax Issues, Investment, Investment Funds

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Your secret is safe with me - CJEU extends Legal Professional Privilege under EU law

In December 2022, the Court of Justice of the European Union (“CJEU”) made a preliminary ruling which will herald a significant, and welcome, impact on the treatment of lawyer-client communications by the EU courts. The judgment…more

Attorney-Client Privilege, Client Services, Corporate Counsel, Legal Advice Privilege, Legal Professional Privilege

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Beyond Brexit transition – bilateral investment treaties

Unlike the majority of EU Member States, the UK decided not to sign an agreement to terminate its intra-EU BITs earlier this year. Those treaties remain in force for the moment; however, infringement proceedings brought by the…more

Bilateral Investment Treaties, Court of Justice of the European Union (CJEU), EU, Free Trade Agreements, Member State

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Going into Labor: The European Commission’s newfound Interest in Antitrust and Labor Markets

In May 2024, the European Commission (“EC”) published a policy briefing on the application of European competition law to conduct related to labor markets, in particular no-poach and wage-fixing agreements. The EC’s paper will…more

Competition, EU, European Commission, Treaty on the Functioning of the European Union (TFEU), Wage-Fixing

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New Release: Insurance Horizons Brochure 2021

The global pandemic brought a wave of changes and developments that have impacted, and continue to impact, the insurance sector. As we look ahead, we see further change on the horizon. Around the world, we continue to deal…more

Acquisitions, Business Interruption, Coronavirus/COVID-19, Corporate Governance, Environmental Social & Governance (ESG)

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The ICO’s new streamlined approach to UK BCR

Following a re-think of the process for the authorisation of UK BCR after Brexit, the Information Commissioner’s Office (ICO) has devised a new mechanism to significantly streamline approvals. The new process, which was…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Information Commissioner's Office (ICO)

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FCC upholds penalty against HobbyKing

On 17 June 2021, the Federal Communications Commission (FCC) unanimously voted to uphold a US$2.8 million penalty against HobbyKing, a drone distributor, for selling communications devices for drones that used frequencies the…more

Connected Items, Department of Justice (DOJ), Drones, FCC, Federal Aviation Administration (FAA)

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OFAC issues interim final rule amending blocked property and other reporting requirements

The Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued an interim final rule set to take effect August 8, 2024, which amends the Reporting, Procedures, and Penalties Regulations (the “Regulations”)…more

Blocked Person, Economic Sanctions, Office of Foreign Assets Control (OFAC), Reporting Requirements, SDN List

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State laws governing abortion raise questions over legality of embryonic stem cell research

New, or newly interpreted, state laws and court decisions governing abortion may directly affect access to medical care and treatment for patients who are, or who want to become, pregnant. They also have potential implications…more

Abortion, Life Sciences, Medical Research, Pregnancy, Reproductive Healthcare Issues

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New SFO Director promises a bolder, more pragmatic approach to the fight against economic crime

On 13 February 2024, Nick Ephgrave gave his first public speech as Director of the Serious Fraud Office, to a packed room of white collar lawyers and press at the Royal United Services Institute. The new Director was bold and…more

Bribery, Corruption, Criminal Prosecution, Financial Crimes, Serious Fraud Office (SFO)

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Doing Business in the UK: Consumer Sector 2020

The UK’s consumer sector has shown resilience against the backdrop of challenging political and economic conditions. Consumers in the UK remain willing to spend; however, the way in which they do so is changing, with e-commerce…more

Arbitration, B2B Transactions, Consumer Protection Laws, Customs, Data Privacy

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Federal Circuit affirms GSK labeling carve-out ruling in favor of innovator

Earlier this month, in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed (2-1) upon rehearing its October 2020 decision that a labeling carve-out…more

Abbreviated New Drug Application (ANDA), CAFC, Food and Drug Administration (FDA), Generic Drugs, Hatch-Waxman

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Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience to…more

Banking Sector, Blockchain, Cryptocurrency, Environmental Social & Governance (ESG), EU

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UK: a new medical devices regime on the horizon?

The UK Government has recently made available a draft of the Medical Devices (Post-market Surveillance Requirements) (Amendment) (Great Britain) Regulations 2023 (2023 Regs). Although these are far from being in force yet, they…more

Life Sciences, Manufacturers, Medical Devices, UK

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Public consultation on cloud services - Spain

The Spanish National Markets and Competition Commission (CNMC), the authority in charge of supervision and control of competition and DSA coordinator, has published a public consultation on cloud services. The Consultation…more

Cloud Computing, Competition, Public Consultations, Spain

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Texas expands protections for sexual harassment claims

Recently-enacted SB 45 and HB 21 significantly expanded protections for Texas employees asserting sexual harassment claims, effective September 1, 2021. Here’s what employers need to know to protect their employees and their…more

Employee Training, Employer Liability Issues, Employment Policies, New Legislation, Personal Liability

See all updates »

Reopening of civil courts in Mexico City and creation of electronic files

On June 1, 2020, the president of the Mexico City Superior Court of Justice announced that the civil courts and appeal courts in Mexico City will gradually resume their work as of June 16, 2020. …more

Coronavirus/COVID-19, Courthouses, Electronic Filing, Emergency Management Plans, Judicial Proceedings

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Decreto por el que se expide el Código Nacional de Procedimientos Civiles y Familiares - México

Hoy se publicó en el Diario Oficial de la Federación el Decreto por el que se expide el Código Nacional de Procedimientos Civiles y Familiares (“CNPCF”). El CNPCF abrogará los códigos de procedimientos civiles y familiares que…more

Collective Actions, Commercial Bankruptcy, Commercial Litigation, Judicial Proceedings, Mexico

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Los inversionistas deben actuar con rapidez o perderán sus derechos de reclamación bajo el TLCAN

La posibilidad de presentar reclamos de inversiones existentes conforme al Capítulo 11 del Tratado de Libre Comercio de América del Norte (TLCAN) para la solución de controversias entre inversionistas y Estados pronto expirará y…more

Cross-Border Transactions, Exports, Foreign Investment, Free Trade Agreements, Mexico

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U.S. BIOSECURE Act: Key considerations for global cell, tissue, and gene therapy stakeholders

Efforts to curtail U.S. reliance on biotechnology companies in the People’s Republic of China (PRC) and prevent certain data of U.S. persons from being provided to the Chinese Communist Party (CCP) have come to the fore this…more

Biotechnology, China, Genetic Materials, Life Sciences

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[Event] Mexico at the Crossroads: The Automotive Industry — Present and Future - November 8th, Mexico City , Mexico

Join us on Thursday, November 8, 2018 to discuss the current state of the automotive industry and the impact of technology, regulations, and trade on the future of this critical segment of Mexico's economy…more

Automotive Industry, Events, Mexico, NAFTA, Regulatory Standards

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Taking robust security over warranty and indemnity insurance policies

This article addresses the legal and practical issues for lenders on leveraged buy-outs in relation to taking security over warranty and indemnity insurance policies. This article first appeared in the March issue…more

Buy-Out Agreements, Indemnity, Insurance Claims, Insurance Industry, Policy Terms

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Key takeaways from the Automotive Finance Webinar and Client Roundtable

On 16 November 2022, Hogan Lovells hosted an Automotive Finance webinar and client roundtable, discussing recent developments and future trends in automotive finance. The event featured a key note speech from Jochen Gehrke…more

Automotive Industry, Capital Markets, Electric Vehicles, Financial Markets, Investment

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COVID-19 IP update: Intellectual Property Office developments (UK & EPO updated)

EPO - **By way of an update, on 29 July 2020 the EPO has decided to postpone all oral proceedings in examination and opposition proceedings scheduled until 31 December 2020 (previous date was 14 September 2020) unless they…more

Administrative Proceedings, EPO, EU, Intellectual Property Protection, UK

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Italy-Africa Conference, Mattei Plan: over €5 bln to enhance collaboration with African countries

Following the conversion of Law Decree No. 161 of 15 November 2023, known as the Mattei Plan, which occurred on 11 January 2024, the Italian Government hosted in Rome the Italy-Africa Conference, revealing key facts of the…more

Energy Projects, Energy Sector, Infrastructure, Renewable Energy

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White House Summit highlights nuclear developments and announces new nuclear initiatives

On May 29, 2024, the White House hosted a Summit on Domestic Nuclear Deployment, highlighting key points of progress being made across the public and private sectors, and announcing a number of new initiatives…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Nuclear Power

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The impact of coronavirus on the insurance regulations and regulators' practice in Poland.

Polish Financial Supervision Authority published Supervisory Stimulus Package for Security and Development to support the resilience and maintain the stability of the insurance industry in Poland…more

Business Interruption, Coronavirus/COVID-19, Emergency Management Plans, Financial Stimulus, Insurance Contracts

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Transformative times for India’s education sector

The past few months have seen significant developments in India’s higher education sector. For decades, non-Indian institutions have asked: Will India ever be hospitable to foreign investment in India’s education system? And…more

Educational Institutions, Foreign Direct Investment, Foreign Investment, India, Investors

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Öffentliche Übernahmen in Deutschland Newsletter 2023

Herzlich willkommen zur sechsten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2022 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Capital Markets, Foreign Investment, Germany, Mergers

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D.C. Circuit says trailers are not "motor vehicles"

On November 12, 2021, a divided panel of the U.S. Court of Appeals for the D.C. Circuit in Truck Trailer Manufacturers Association, Inc. v. EPA, et al. held that the Environmental Protection Agency (“EPA”) cannot regulate…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Fuel Efficiency, Fuel Standards

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Financial Services Bill introduced in UK Parliament

The Financial Services Bill was introduced in Parliament on 21 October 2020. According to the UK Government, the Bill is designed to “ensure the UK’s world-leading financial services sector continues to thrive and grasp new…more

EMIR, Financial Conduct Authority (FCA), Financial Services Industry, Foreign Investment Fund, Gibraltar

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TMT Horizons 2019

The dynamism of the Technology, Media and Telecoms sector is set to continue. Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving…more

5G Network, Antitrust Provisions, Artificial Intelligence, Big Data, Digital Media

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International Products Law Review

New Sustainable Batteries Regulation: Reflections from our Global Products Law team Following the closure of the European Commission’s recent consultation period, the European Parliament and Council are set to consider a…more

Consumer Product Safety Commission (CPSC), Importers, Manufacturers, Market Surveillance Regulation (MSR), Product Defects

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NHTSA announces final rule on automatic emergency braking

The National Highway Traffic Safety Administration (NHTSA) finalized an important new safety standard requiring automatic emergency braking (AEB) systems in all light vehicles by September 1, 2029. The rule implements a mandate…more

Automotive Industry, Car Accident, Motor Vehicles, NHTSA, Safety Standards

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Luxembourg insolvency law reform: New procedures to safeguard businesses more effectively

On 1 November 2023, the new Luxembourg law of 7 August 2023 on the continuation of businesses and the modernisation of insolvency law (the “New Law”) entered into force. The New Law introduces new safeguard mechanisms designed…more

Corporate Restructuring, Creditors, Debtors, Insolvency, Luxembourg

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Online gaming regulatory practice in France - Part 1: T&C of video game digital distribution stores

The online gaming sector is characterized by various regulatory frameworks, that may or may not overlap depending on the type of games and means of distribution. There are a number of stakeholders on the value chain (developers,…more

B2C, Contract Terms, Digital Media, eSports, EU

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The use of IVDs as CDx in pharmaceutical clinical trials - Pathways for legacy companion diagnostic IVDs, IVD performance studies, and in-house IVDs

The current European legislation for in vitro diagnostic medical devices (IVD) (Regulation 2017/746 or the IVDR) has created challenges not only for IVD manufacturers but also for pharmaceutical companies…more

Clinical Trials, Life Sciences, Pharmaceutical Industry, Research and Development

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Spanish DPA´s guidelines for humanizing automated decisions

The Spanish Data Protection Agency ("Spanish DPA") has recently published on its blog guidance on the assessment of human intervention in automated decisions. Evaluating the degree of human intervention has become a critical yet…more

Cybersecurity, Data Protection, General Data Protection Regulation (GDPR), Personal Data, Spain

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Domain Name News: May 2024

This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Nominet…more

Domain Name Registration, Domain Names, gTLD, ICANN, Intellectual Property Protection

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Hogan Lovells responds to the ICO consultation on international data transfers

Hogan Lovells’ Privacy and Cybersecurity team have made a formal submission to the Information Commissioner’s Office consultation on how organisations can continue to protect people’s personal data when it is transferred outside…more

Cybersecurity, Data Protection, EU, General Data Protection Regulation (GDPR), Information Commissioner's Office (ICO)

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All-Clear for Dual Distribution? New EU Rules on Vertical Agreements Provide Important Guidance

The European Commission has now published the final text of the revised Vertical Block Exemption Regulation and the accompanying Guidelines on Vertical Restraints. The new rules will enter into force on 1 June 2022 and contain…more

Competition, Corporate Counsel, E-Commerce, EU, European Commission

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Reopening of civil courts in Mexico City and creation of electronic files

On June 1, 2020, the president of the Mexico City Superior Court of Justice announced that the civil courts and appeal courts in Mexico City will gradually resume their work as of June 16, 2020. …more

Coronavirus/COVID-19, Courthouses, Electronic Filing, Emergency Management Plans, Judicial Proceedings

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Grant Thornton v Mbengue: CCJA upholds arbitration where arbitrator applies public policy provisions

In a decision that will be welcomed by investors, businesses, and practitioners of arbitrations brought under Organisation for the Harmonisation of Business Law in Africa (OHADA) rules, the Common Court of Justice and…more

Africa, Arbitration, Commercial Arbitration, Dispute Resolution, International Arbitration

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Life Sciences and Health Care Horizons - 2021

Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all –…more

Biotechnology, Clinical Trials, Coronavirus/COVID-19, Cybersecurity, Digital Health

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Texas expands protections for sexual harassment claims

Recently-enacted SB 45 and HB 21 significantly expanded protections for Texas employees asserting sexual harassment claims, effective September 1, 2021. Here’s what employers need to know to protect their employees and their…more

Employee Training, Employer Liability Issues, Employment Policies, New Legislation, Personal Liability

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ESG Perspectives - A 360° view of key ESG issues and opportunities for corporates in 2022

Whether it is the announcement of another new policy or regulation, pressure from an activist shareholder, responding to changes in consumer demand, or addressing global political events, environmental, social and governance…more

Capital Markets, Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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UK passes Media Act 2024 with major changes to UK media regulation

In the rush of the “wash-up” process before the UK’s forthcoming General Election, the Media Act 2024 has completed the final legislative stages and became law on 24 May 2024. This major piece of legislation is the biggest…more

Broadcasting, Internet Streaming, Television Broadcast Stations, UK

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September 1 effective date for exhibit hyperlinks in SEC filings fast approaching

Beginning September 1, public companies will need to comply with SEC rule amendments requiring that reports and registration statements filed on or after that date..…more

Disclosure Requirements, EDGAR, Filing Requirements, Hyperlink, Publicly-Traded Companies

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NOYB goes to war on the cookie banner terror

On 31 May 2020, Max Schrems' organization, NOYB, launched a new campaign aimed at ending what they dramatically refer to as the “cookie banner terror.” The campaign was spearheaded by sending over 560 draft complaints to…more

Cookie Banners, Cookies, e-Privacy Directive, EU, General Data Protection Regulation (GDPR)

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Agencies issue guidance on delayed SEC reporting of material cybersecurity incidents - SEC Update

Since December 18, 2023 public companies other than smaller reporting companies are required to report a cybersecurity incident under Item 1.05 of Form 8-K within four business days after the company determines the incident is…more

Cyber Incident Reporting, Cybersecurity, Department of Justice (DOJ), Disclosure Requirements, Form 8-K

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Doing business in Italy 2023

This booklet has been written specifically for business individuals and whilst it may be of interest to their local advisers, such as lawyers or accountants, the information is intended for a wider audience. We cover topics…more

Corporate Governance, Doing Business, EU, Foreign Corporations, Foreign Subsidiaries

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Artificial intelligence in the insurance sector: fundamental right impact assessments

The new AI Act establishes an obligation for the deployers of certain high-risk AI systems to conduct a “fundamental rights impact assessment” (“FRIA”). This will have a high impact on insurance companies that use AI systems for…more

Artificial Intelligence, Data Protection, Impact Assessments, Insurance Industry, Personal Data

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How the U.S. Supreme Court Affirmative Action decisions will impact corporate America

The U.S. Supreme Court is expected to rule soon on two challenges to the use of affirmative action in college admissions, but their reach may extend well beyond the university context. The cases before the Supreme Court involve…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Beyond Earth’s Gravity: Navigating legal hurdles in space-based drug research and development

Innovative technologies are reshaping every industry, presenting new business cases and changing our daily lives. These technologies are hyper-connecting the world and offering new ways to interact. Particularly in the Space and…more

Funding, Intellectual Property Protection, Outer Space, Research and Development, Satellites

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Proyecto de reforma para facilitar el acceso al financiamiento bursátil

El pasado 19 de abril, fue presentado ante la Comisión de Hacienda y Crédito Público del Senado de la República, para su revisión y discusión  el proyecto de iniciativa de reforma a la Ley del Mercado de Valores (LMV)…more

Capital Markets, Corporate Issuers, Equity Markets, Institutional Investors, Investors

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Preparing for the CCPA draft regulations on cybersecurity audits

The California Privacy Protection Agency recently released updated draft regulations regarding cybersecurity audits under the California Consumer Privacy Act. On November 8, 2023, the California Privacy Protection Agency (CPPA)…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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ESG litigation: English Court not fazed by complex group litigation – key takeaways for multinational businesses

The Court of Appeal recently allowed a group action comprising more than 200,000 victims of an environmental disaster in Brazil to go ahead in the English High Court. The claim was originally dismissed by the High Court for…more

Case Management, Complex Litigation, Corporate Counsel, Corporate Governance, Environmental Social & Governance (ESG)

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CFIUS Proposes Rule to Strengthen Its Monitoring and Enforcement Authorities

On April 15, 2024, the U.S. Department of the Treasury (“Treasury”), in its capacity as the chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued a proposed rule that seeks to materially enhance…more

CFIUS, Foreign Acquisitions, Foreign Investment, National Security

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The use of IVDs as CDx in pharmaceutical clinical trials - Pathways for legacy companion diagnostic IVDs, IVD performance studies, and in-house IVDs

The current European legislation for in vitro diagnostic medical devices (IVD) (Regulation 2017/746 or the IVDR) has created challenges not only for IVD manufacturers but also for pharmaceutical companies…more

Clinical Trials, Life Sciences, Pharmaceutical Industry, Research and Development

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Security Snippets: DHS issues AI security and safety guidelines for critical infrastructure

DHS advises safeguards to protect AIs and to protect critical infrastructure from AI-powered attacks. In continuing its work under the Biden Administration’s Executive Order 14110, “Safe, Secure, and Trustworthy Development…more

Artificial Intelligence, Critical Infrastructure Sectors, Cybersecurity, Department of Homeland Security (DHS)

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Key Takeaways from the BIS Innovation Summit 2024

The BIS Innovation Summit 2024, which took place over 6-8 May 2024, was in turns both an inspiring and surprising event. This article sets out a summary of the key takeaways from the summit…more

Blockchain, Digital Assets, Digital Currency, Financial Markets, FinTech

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Top 5 questions from Germany on COVID-19, contracts, and supply chains

1. What are general recommendations? In general, it is important to determine at an early stage which processes must be maintained, which people are needed to maintain operations and which measures are necessary to do so. An…more

Contract Terms, Coronavirus/COVID-19, Emergency Management Plans, Exports, Force Majeure Clause

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Financial Institutions Horizons 2022

At our recent global conference we held in partnership with Global Digital Finance, our keynote speaker suggested that the three major drivers for financial institution regulators and policy makers for the next few years would…more

Banking Sector, Blockchain, Cryptocurrency, Digital Currency, Environmental Social & Governance (ESG)

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Global Accountants' Liability Update – June 2022

Our global team of securities and professional liability lawyers at Hogan Lovells is uniquely positioned to monitor legal developments across the globe that impact accountants’ liability risk. We have experienced lawyers on five…more

Accountant Malpractice, Accountants, Accounting, Accounting Standards, Audits

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Implicaciones para las empresas de la Ley Orgánica de garantía integral de la libertad sexual

El pasado 7 de octubre de 2022 entró en vigor la Ley Orgánica 10/2022, de 6 de septiembre, de garantía integral de la libertad sexual (“LOGILS”), también conocida como la “Ley del solo sí es sí”. Esta norma ha incorporado…more

Criminal Code, Criminal Liability, Human Rights, Penal Code, Sexual Assault

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Acuerdo sobre contratación pública y autorizaciones provisionales en proyectos de infraestructura específicos

El 22 de noviembre de 2021 fue publicado en el Diario Oficial de la Federación el “Acuerdo por el que se instruye a las dependencias y entidades de la Administración Pública Federal a realizar las acciones que se indican, en…more

Construction Contracts, Infrastructure, Mexico, Procurement Guidelines, Public Contracts

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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FDA promotes pre-approval for changes to AI devices via Predetermined Change Control Plans

On March 30, the U.S. Food and Drug Administration (FDA) published draft guidance that proposes recommendations on the types of information that should be included in a Predetermined Change Control Plan (PCCP) in a marketing…more

Artificial Intelligence, Draft Guidance, Food and Drug Administration (FDA), Life Sciences, Machine Learning

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Aclarado: La cuota previa a la bonificación en Patrimonio reduce la cuota del Impuesto a las Grandes Fortunas

El Impuesto de Solidaridad de las Grandes Fortunas nació con el objetivo de armonizar las asimetrías que habían surgido entre comunidades autónomas en el Impuesto sobre el Patrimonio debido a las bonificaciones aprobadas por…more

Income Taxes, International Tax Issues, Ministry of Finance, Spain

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California proposed amendments to automated decisionmaking, risk assessment, and privacy regulations

In March, the California Privacy Protection Agency (CPPA) board narrowly voted in favor of updated draft regulations on automated decisionmaking technology (ADMT) and risk assessments, along with proposed updates to existing…more

Artificial Intelligence, Automation Systems, California Consumer Privacy Act (CCPA), Proposed Amendments, Risk Assessment

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Federal mental health parity proposed rules target health plans and issuers

Declaring that “too often” health plans and health insurance issuers are not complying with the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”), the U.S. Departments of Labor (“DOL”), Health and Human Services,…more

Department of Labor (DOL), Health Insurance, Mental Health, Mental Health Parity Rule, MHPAEA

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Five governance considerations for company positions on social and political issues C-Suite, An Equilar Publication, Issue 40, Fall 2022

We have outlined five governance considerations for assessing whether a company should respond, either in action or in words, to a sensitive issue or development. 1. Assess the issue’s relationship to the business. How does the…more

C-Suite Executives, Compliance, Corporate Culture, Corporate Governance, Corporate Social Responsibility

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Implicaciones para las empresas de la Ley Orgánica de garantía integral de la libertad sexual

El pasado 7 de octubre de 2022 entró en vigor la Ley Orgánica 10/2022, de 6 de septiembre, de garantía integral de la libertad sexual (“LOGILS”), también conocida como la “Ley del solo sí es sí”. Esta norma ha incorporado…more

Criminal Code, Criminal Liability, Human Rights, Penal Code, Sexual Assault

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ESG Review of 2023 and Outlook for 2024

In this end-of-year market alert, we provide a review of the regulatory and commercial developments in ESG in 2023, and what we can expect in 2024. In spite of geopolitical and economic turbulence, 2023 has been a year of…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Sustainability, UK

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The False Claims Act Guide: 2022 and the road ahead - Looking Ahead

2022 was an interesting year in False Claims Act (FCA) enforcement and case law developments – from uncertainty emanating from escalating circuit splits to low recoveries for the Department of Justice (DOJ). Looking ahead, 2022…more

Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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New ECHR judgments lead the way for future climate protection lawsuits

Three rulings of the European Court of Human Rights given on 9 April 2024 have set the global tone for climate protection actions before national courts. The Court found that Article 8 of the European Convention on Human Rights…more

Climate Change, EU, European Court of Human Rights, Greenhouse Gas Emissions, Human Rights

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What Real Estate Finance trends are we seeing in 2023 and what can we expect going forwards?

Now that we are entering Q4 of 2023 we reflect on the common REF trends we are seeing in the UK, Europe and the US. We consider what common trends the rest of 2023 may bring…more

Real Estate Financing, Real Estate Investments, Real Estate Transactions, Sustainability

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High Court refuses injunction to enforce restrictions in investment agreement

The High Court of England and Wales refused to grant an interim injunction to enforce post-termination restrictions in an investment agreement. A non-compete provision in the employee’s contract was significantly less…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Revision des Verbraucherpreisindexes (VPI) – Umstellung auf das Basisjahr 2020

Der VPI wird turnusmäßig (in der Regel in fünfjährigem Abstand) überarbeitet und auf ein neues Basisjahr umgestellt. Die Umstellung von der bisherigen Basis-2015 auf das Basisjahr 2020 erfolgt am 22. Februar 2023 – mit der…more

Construction Industry, Consumer Price Index, Germany

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New Release: Insurance Horizons Brochure 2021

The global pandemic brought a wave of changes and developments that have impacted, and continue to impact, the insurance sector. As we look ahead, we see further change on the horizon. Around the world, we continue to deal…more

Acquisitions, Business Interruption, Coronavirus/COVID-19, Corporate Governance, Environmental Social & Governance (ESG)

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Russian Sustainable Finance Regulations finally in place

The Russian Federation has taken its first steps towards implementing global sustainable development principles by adopting the Decree of the Russian Government No. 1587 dated 21 September 2021 "On approving criteria for…more

Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Green Bonds, Popular

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Navigating coronavirus: Considerations for rent modifications in the U.S.

As people across the country practice social distancing and are increasingly being asked to shelter-in-place in response to the coronavirus pandemic, Americans are drastically reducing visits to commercial real estate spaces…more

Coronavirus/COVID-19, Forbearance Agreements, Landlords, Rent, Rental Property

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Japan’s New Chip Equipment Export Rules Take Effect

Effective 23 July 2023, Japan’s Ministry of Economy, Trade and Industry (“METI”) imposed export regulations on 23 types of advanced semiconductor manufacturing equipment. The new rules require Japanese suppliers to obtain a…more

Exports, FEFTA, Japan, METI

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Cross-border Real Estate ESG: How will the EPBD affect EU member states… and what about the US and UK?

What is the latest position on the Energy Performance of Buildings Directive (EPBD)? How will different EU member states implement the new regime? How is the UK grappling with the need to improve energy performance across the…more

Climate Change, Cross-Border Transactions, Energy Efficiency, Environmental Social & Governance (ESG), EU

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The digital future: UK land transactions and the metaverse

Staking a claim over land is a concept that we are all familiar with, but what happens when “land” ceases to be physical land as we know it, or put simply when real estate ceases to be real – how might we transact with virtual…more

Cryptoassets, Cryptocurrency, Decentralized Finance (DeFi), Metaverse, Non-Fungible Tokens (NFTs)

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Silicon Valley Bank (SVB) and Signature Bank Collapses: Your legal and regulatory FAQs answered - Last updated March 15 @ 10:10 am

Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on Friday, March 10, 2023, by the California Department of Financial Protection and Innovation, which appointed the Federal Deposit Insurance Corporation (FDIC)…more

Banking Sector, Deposit Insurance, Depository Institutions, FDIC, Financial Crisis

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Aerospace & Defense Insights | Part 2: Proposed cybersecurity FAR rules for government contractors

This publication presents Part 2 of our A&D Insights series covering the two recently proposed Federal Acquisition Regulation (FAR) Council rules addressing (1) the standardization of cybersecurity contractual requirements…more

Cyber Threats, Cybersecurity, Department of Defense (DOD), DFARS, Federal Acquisition Regulations (FAR)

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Key takeaways from the retail buzz coffee chat with the Hogan Lovells NY team (UPDATED)

On 28 March 2023, the Hogan Lovells New York Retail Team hosted a coffee chat webinar discussing the latest news and developments of 2023 in retail. The event featured Meryl Bernstein (Intellectual Property, Media, and…more

Cybersecurity, E-Commerce, Financial Institutions, Financial Markets, Financial Services Industry

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Foul play - first enforcement of Italian Decree on ambush marketing

On 19 April 2022, the first-ever decision based on Italian Law Decree No. 16/2020 – regulating ambush marketing – was issued. It fined the multinational e-commerce company Zalando SE ("Zalando") for an ambush marketing conduct…more

Advertising, Ambush Marketing, Competition Authorities, Corporate Branding, Intellectual Property Protection

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World Stem Cell Summit panel cautions over stepped up HCT/P enforcement, reimbursement issues

Speaking at the World Stem Cell Summit hosted by the Regenerative Medicine Foundation last week, Hogan Lovells partners Mike Druckman, Stuart Langbein, and Thomas Beimers discussed evolving government reimbursement issues for…more

Biotechnology, Center for Biologics Evaluation and Research (CBER), Centers for Medicare & Medicaid Services (CMS), FDA Approval, Food and Drug Administration (FDA)

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The use of IVDs as CDx in pharmaceutical clinical trials - Pathways for legacy companion diagnostic IVDs, IVD performance studies, and in-house IVDs

The current European legislation for in vitro diagnostic medical devices (IVD) (Regulation 2017/746 or the IVDR) has created challenges not only for IVD manufacturers but also for pharmaceutical companies…more

Clinical Trials, Life Sciences, Pharmaceutical Industry, Research and Development

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How to use a Data Monitoring Committee in clinical trials: FDA invites industry comment

Last week, the U.S. Food and Drug Administration (FDA) published a draft guidance on the use of data monitoring committees (DMCs) in clinical trials entitled “Use of Data Monitoring Committees in Clinical Trials.” In the Federal…more

Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry, Prescription Drugs

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Artificial Intelligence: World First Rules Are Coming Soon – Are You Ready? (Part 2)

Nowadays, artificial intelligence (“AI”) is all around us. Previously, we took a look at the approaches being proposed to regulate AI at a pan-EU level and in the UK. In this part 2 article, we take a look at what mandatory…more

Algorithms, Artificial Intelligence, CNIL, Food and Drug Administration (FDA), Machine Learning

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Responsabilité conjointe dans le secteur de la publicité digitale : retour sur l’arrêt IAB Europe de la CJUE

La Cour de justice de l'Union européenne (« CJUE ») a récemment examiné une affaire impliquant IAB Europe, une association sans but lucratif établie en Belgique, représentant les entreprises du secteur de la publicité digitale…more

Advertising, Cybersecurity, Data Controller, Data Protection, Personal Data

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Top tips for doing Capital Markets deals in Germany

A Practice Note setting out top tips from German counsel for doing capital markets deals in Germany. It highlights issues of which lawyers from outside Germany should be aware when doing capital markets work in Germany…more

BaFin, Capital Markets, Germany, Initial Public Offering (IPO), Shareholders

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COVID-19 IP update: EPO

EPO - By way of an update, on 10 November 2020, the EPO has decided that all oral proceedings in opposition cases shall be held by videoconference as standard. Only if there are serious reasons preventing the use of video…more

Administrative Proceedings, Coronavirus/COVID-19, EU, European Patent Office, Infectious Diseases

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Mexico's new intellectual property laws: Upcoming changes for famous and well-known trademarks

As covered in our earlier article, the Mexican government approved and published a new Intellectual Property Law (IPL), which will come into force on 5 November, 2020. …more

Confidential Information, Corporate Counsel, Foreign Commerce, Intellectual Property Protection, Mexico

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Öffentliche Übernahmen in Deutschland Newsletter 2024

Herzlich willkommen zur siebten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2023 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Foreign Investment, Germany, Merger Controls, Mergers

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Documents in State of Hawaii et al v. Trump - A Challenge to President Trump’s March 6, 2017 Travel Ban

On March 7, 2017, the State of Hawaii filed a joint motion with the U.S. Government setting out a proposed briefing schedule, whereby it will file its complaint and TRO by March 8, the U.S. Government will file their Opposition…more

Amended Complaints, Briefing Schedule, Department of Homeland Security (DHS), Executive Orders, Foreign Nationals

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DSM Watch: EU Copyright Directive clears the finish line

Today the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016…more

Copyright, Copyright Infringement, Digital Downloads, Digital Single Market, EU

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NY physician practice, MSO, and other health care transactions affected by new reporting rules

The New York legislature recently enacted new reporting requirements that will affect health care transactions across the state. Effective August 1, 2023, certain “material” mergers, acquisitions, affiliation agreements, and…more

Corporate Sales Transactions, Health Care Providers, Healthcare, Hospital Mergers, Joint Venture

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The European Chips Act: Commission releases Europe's strategy on semiconductors

The European Commission intensified its focus on semiconductors by proposing the EU Chips Act on February 8, 2022. President of the European Commission Ursula von der Leyen calls it a "game changer". The proposed Act contains…more

EU, European Commission, Manufacturers, Semiconductors, State Aid

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U.S. DOL finalizes rule to significantly increase compensation thresholds for exempt status

On April 23, 2024, the U.S. Department of Labor (DOL) issued its final rule significantly increasing the compensation thresholds that must be met for employees to be classified as exempt from overtime pay requirements under the…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Liquidating companies in the Netherlands per 15 November 2023

On 14 March 2023, a new law (Tijdelijke wet transparantie turboliquidatie) was adopted by the Dutch legislator. This law introduces a filing obligation of the managing board that will apply to shortened liquidation procedures…more

Board of Directors, Corporate Dissolution, Liquidation, Netherlands

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Global Real Estate Horizon Scanner – Spring 2024 edition

A glance at the legislative changes likely to impact global real estate over the next few months. What legal developments can we expect to see globally this Spring? Whichever jurisdiction you operate in, there is an array of…more

Energy Sector, Environmental Social & Governance (ESG), Real Estate Market, Renewable Energy

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Overview of EU, German federal and German states’ financing measures for companies responding to COVID-19 (UPDATED)

In response to the economic effects of the COVID-19 pandemic and market uncertainty, plethora of financing measures was introduced at EU level, German federal level and German state’s level. In their joint effect, these measures…more

Coronavirus/COVID-19, EU, Financing, Germany, Infectious Diseases

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Erneute Reform der Grunderwerbsteuer - alles auf Anfang?

Zum 1. Januar 2024 wird das Gesetz zur Modernisierung des Personengesellschaftsrechts (MoPeG) die rechtliche Behandlung von Personengesellschaften grundlegend reformieren. Als Reaktion auf potentielle Folgen bei der…more

Germany, Property Owners, Real Estate Market, Real Estate Transfers, Transfer Taxes

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FDI - A global perspective

During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments…more

Acquisitions, CFIUS, Foreign Investment, Mergers, National Security

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IPunkt - October 2017

Kurze Einleitung - Liebe Leserin, lieber Leser, diesen Monat ist es endlich wieder soweit. Der IPunkt kehrt in neuem Gewand zurück. Passend hierzu haben unsere Autoren die neuesten Updates im Bereich des IPMT kurz und…more

Anti-Competitive, Blockchain, Data Protection, Distributed Ledger Technology (DLT), EU

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A new “world first” gold standard for EU green bonds (UPDATE)

As part of the European Commission’s strategy for financing the transition to a sustainable economy, the EU has been debating for some time how best to put in place a regulatory regime for EU green bonds. This resulted in the…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA)

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Reform of the EU Emissions Trading System (EU ETS) - Extension of the EU ETS to the shipping sector

On 18 April 2023, the EU Parliament adopted the reform of the EU ETS. As key points, the reform includes stricter requirements for installations already subject to the EU ETS (“ETS I”), the gradual inclusion of maritime…more

Carbon Emissions, Climate Change, Emissions Trading System, Environmental Policies, EU

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Vertragsgestaltung im Arbeitsrecht – Verfall von Urlaubsansprüchen

Die Gewinnung qualifizierten Personals allein auf Basis des Mindesturlaubs des Bundesurlaubsgesetzes von 20 Tagen bei einer 5-Tage-Woche ist in der Praxis häufig unmöglich. Anders als der gesetzliche, unterliegt der darüber…more

Employee Benefits, Employer Liability Issues, Employment Contract, Employment Policies, Germany

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TMT Horizons 2019

The dynamism of the Technology, Media and Telecoms sector is set to continue. Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving…more

5G Network, Antitrust Provisions, Artificial Intelligence, Big Data, Digital Media

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Sustainable Products Regulations - Sustainable is the New Black – Will there soon be a “Green” Battery?

Zero-emission mobility, storage of wind and solar energy, vast amounts of portable electronics – the demand for batteries is tremendous. Batteries are a crucial factor for the development of decarbonised and climate-neutral…more

Batteries, Electricity, Energy Market, Energy Projects, Energy Sector

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Germany: New rules on recovery of criminal proceeds affect enforcement of IP rights

On 23 March 2017, the German Parliament passed new rules on criminal law measures for recovery of criminal proceeds. In the future, enforcement of financial claims against criminal offenders will be widely handled by the public…more

Asset Recovery, Asset Seizure, Counterfeit Goods Regulation, Germany, Infringement

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Rebuttable presumptions of fact under the EU Commission’s recent product liability directive proposal

Injured parties have claimed for a long time that one of the biggest obstacles they face to obtain compensation for damages suffered in product liability cases, is to meet the burden of proof regarding the defectiveness of the…more

Causation, EU, EU Directive, European Commission, Manufacturers

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Trademark Insight 06/2023 – European Union & Germany // Country Focus - Spain

In this issue, we have once again compiled interesting decisions from recent months. Of particular interest are: the CJEU decision on international territorial jurisdiction for AdWords ads and meta tags; the German Federal…more

Intellectual Property Protection, Popular, Spain, Trademark Application, Trademark Infringement

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Designrecht auf den Kopf gestellt: EuGH zur "Sichtbarkeit" und "bestimmungsgemäßen Verwendung" von Bauelementen komplexer Erzeugnisse

Die Sichtbarkeit von Bauelementen komplexer Erzeugnisse i.S.d. § 4 DesignG beurteilt sich sowohl aus Sicht des Endnutzers als auch aus Sicht eines externen Betrachters. Dabei muss das Bauelement nicht zu jedem Zeitpunkt der…more

Design Patent, European Court of Justice (ECJ), Germany, Intellectual Property Protection, Patent Litigation

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ESAP: A centralized 'data space' granting easy access to corporate information for investors

On 23 May 2023, the European Council and the European Parliament reached a provisional agreement on three proposals jointly creating the European Single Access Point (ESAP) as part of the Capital Markets Union Action Plan. ESAP…more

Capital Markets, Capital Markets Union, EU, European Commission, Financial Markets

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The EU AI Act: an Impact Analysis (part 2)

The EU AI Act is on the verge of becoming the first law to specifically govern the use of artificial intelligence at a European level. In light of the extensive set of new obligations imposed on companies, and considering the…more

Artificial Intelligence, Data Management, Data Protection, EU, Intellectual Property Protection

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COVID-19: Measures taken by financial supervisory authorities in certain jurisdictions - as at 15 May 2020

The current situation is fast-moving in light of the COVID-19 pandemic. Many financial supervisory and regulatory authorities as well as local governments have issued measures which are relevant for financial institutions and…more

BaFin, Basel Committee on Banking Supervision (BCBS), Capital Requirements, Coronavirus/COVID-19, European Banking Authority (EBA)

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German Federal Council clears the way for autonomous driving

Exciting times for autonomous driving: On 20 May 2022, the German Federal Council finally approved the draft ordinance supplementing last year’s Act on Autonomous Driving and setting out the technical and procedural…more

Automation Systems, Automotive Industry, Driverless Cars, European Commission, Germany

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Beyond Earth’s Gravity: Navigating legal hurdles in space-based drug research and development

Innovative technologies are reshaping every industry, presenting new business cases and changing our daily lives. These technologies are hyper-connecting the world and offering new ways to interact. Particularly in the Space and…more

Funding, Intellectual Property Protection, Outer Space, Research and Development, Satellites

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Data Privacy Framework: Redress mechanisms for EU individuals get a boost with new EDPB resources

On 24 April 2024, the European Data Protection Board ("EDPB") released a set of guidance documents and template complaint forms to facilitate the implementation of the redress mechanisms corresponding to the EU-U.S. Data Privacy…more

Court of Justice of the European Union (CJEU), Data Privacy, Data Protection, EU, International Data Transfers

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The Reform Of The German Nachweisgesetz And Its Consequences For Employment Contracts

With effect from 1 August 2022, the German Act on Proof of the Essential Working Conditions (Nachweisgesetz – “Act on Proof”) will undergo the most comprehensive reform since it entered into force in 1995. The government draft…more

Contract Terms, Employer Liability Issues, Employment Contract, Germany, Hiring & Firing

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Foreign Subsidies under EU scrutiny: a revolution that will impact foreign undertakings active in the EU

The new EU Foreign Subsidies Regulation, which appears to mirror the substantive EU State aid principles set out in Article 107 (1) of the Treaty on the Functioning of the European Union (“TFEU”) and entered into force on 12…more

Competition, EU, European Commission, Foreign Direct Investment, Foreign Investment

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European Parliament adopts CS3D: New ESG litigation risks in the supply chain

The EU is implementing new regulations to hold companies liable for human rights and environmental violations within the global supply chain. On 24 April 2024, the European Parliament passed the Corporate Sustainability Due…more

Damages, Human Rights, Supply Chain, Sustainability

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Hague Convention on Choice of Court Agreements in force for Ukraine

On 1 August 2023, Ukraine became a Contracting State to the Hague Convention on Choice of Court Agreements 2005 (the “Choice of Court Convention”), joining the EU, Mexico, Montenegro, Singapore and the UK…more

Enforcement, Foreign Judgments, Hague Convention, Ukraine

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FDA finalizes guidance on “Remanufacturing” vs “Servicing”

The U.S. Food and Drug Administration (FDA) has finalized its guidance on “Remanufacturing of Medical Devices,” clarifying the point when manipulation or repair of a medical device becomes “remanufacturing” as opposed to…more

Food and Drug Administration (FDA), Life Sciences, Manufacturers, Medical Devices, Pharmaceutical Industry

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Highlights of new SEC rules on climate-related disclosures

On March 6, 2024, the U.S. Securities and Exchange Commission adopted its highly anticipated rules requiring climate-related disclosures. The final rules represent a significantly less burdensome set of rules than those proposed…more

Climate Change, Corporate Governance, Disclosure Requirements, Final Rules, Greenhouse Gas Emissions

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Debt Capital Markets – Global Insights – Spring 2020

We are delighted to present the Spring 2020 edition of Hogan Lovells’ Debt Capital Markets Global Insights. This draws together a collection of articles from across our global network, reflecting on current events and topical…more

ABS, Brazil, Capital Markets, Capital Requirements Regulation (CRR), Credit Default Swaps

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Domain Name News: May 2024

This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Nominet…more

Domain Name Registration, Domain Names, gTLD, ICANN, Intellectual Property Protection

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UK snap general election stalls the progression of Bill intended to reform the English Arbitration Act 1996

The UK government’s decision to call a snap general election has stalled the progression through Parliament of the Arbitration Bill, which was drafted to implement the Law Commission’s recommendations to modernise and streamline…more

Arbitration, Arbitration Agreements, Arbitrators, International Arbitration, UK

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EU adopts directive criminalising sanctions violations

On 24 April 2024, the European Union adopted a directive criminalizing the following sanctions violations:  The directive brings significant changes to EU sanctions enforcement by harmonising the rules on the violation of EU…more

Criminal Prosecution, Economic Sanctions, EU, Prohibited Transactions, Sanction Violations

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New FTC plan for a possible government shutdown would shut down reportable mergers and acquisitions

In late January 2024, the Federal Trade Commission (“FTC”) released an updated operating plan in the event Congress does not pass a funding bill and the government shuts down. In a dramatic departure from prior practice, the FTC…more

Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, Premerger Notifications, Threshold Requirements

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Beyond Earth’s Gravity: Navigating legal hurdles in space-based drug research and development

Innovative technologies are reshaping every industry, presenting new business cases and changing our daily lives. These technologies are hyper-connecting the world and offering new ways to interact. Particularly in the Space and…more

Funding, Intellectual Property Protection, Outer Space, Research and Development, Satellites

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Cell and gene therapy transactions carry unique risks for both licensor and licensee

Cell and gene therapy transactions have increased dramatically over the last few years, in both number and complexity, and have given rise to a number of issues that merit further attention. In the article below, we outline a…more

Genetic Materials, Human Genes, Intellectual Property Protection, IP License, Life Sciences

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A new “world first” gold standard for EU green bonds (UPDATE)

As part of the European Commission’s strategy for financing the transition to a sustainable economy, the EU has been debating for some time how best to put in place a regulatory regime for EU green bonds. This resulted in the…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA)

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Luxembourg insolvency law reform: New procedures to safeguard businesses more effectively

On 1 November 2023, the new Luxembourg law of 7 August 2023 on the continuation of businesses and the modernisation of insolvency law (the “New Law”) entered into force. The New Law introduces new safeguard mechanisms designed…more

Corporate Restructuring, Creditors, Debtors, Insolvency, Luxembourg

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Taking robust security over warranty and indemnity insurance policies

This article addresses the legal and practical issues for lenders on leveraged buy-outs in relation to taking security over warranty and indemnity insurance policies. This article first appeared in the March issue…more

Buy-Out Agreements, Indemnity, Insurance Claims, Insurance Industry, Policy Terms

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Understanding the UAE's Enhanced Consumer Protection Law

The UAE's consumer protection regime has recently undergone significant change, highlighting the UAE's increased focus on enhancing consumer rights and regulating fair trade practices…more

Consumer Protection Laws, E-Commerce, Marketing, United Arab Emirates (UAE)

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Coronavirus Aviation sector update - March 2020

Since its discovery in December 2019, the novel coronavirus that causes the disease COVID-19 has disrupted global business activity and public life on a massive and growing scale. And no one knows how long these disruptions will…more

Aircraft, Airlines, Aviation Industry, Business Interruption, China

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2023 securities, shareholder, and M&A litigation outlook - April 2023

In this past year, we saw an uptick in in-person court proceedings as the effects of the pandemic subsided, a decrease in pandemic-related litigation, and a return to many of the core issues facing Delaware companies operating…more

Acquisitions, Caremark claim, Cybersecurity, Delaware General Corporation Law, Derivative Suit

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Online sale of pharmaceuticals in Russia remains prohibited and lawmakers are yet to pass the bill allowing online sales

Russian law currently prohibits the online sale of pharmaceuticals and requires that pharmaceuticals must be sold only in stationary pharmacies operated by a person holding a pharmaceutical licence…more

E-Commerce, Generic Drugs, Internet Retailers, Life Sciences, Online Sales Bans

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Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Winter 2020

Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid - The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during a…more

Antitrust Provisions, BSA/AML, Competition, Competition Authorities, Department of Justice (DOJ)

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World Stem Cell Summit panel compares global trends in regenerative medicine regulations

Speaking at the World Stem Cell Summit hosted by the Regenerative Medicine Foundation, Hogan Lovells partners Mike Druckman, Ernesto Algaba, Mandi Jacobson, Lu Zhou, Mikael Salmela, Charlotte Damiano, and Lowell Zeta, along with…more

Biologics, Biotechnology, Clinical Trials, Life Sciences, Pharmaceutical Industry

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Foreign Influence Registration Scheme: a UK FARA

The UK has introduced new registration requirements on persons carrying on certain activities (e.g. political influence activities) for foreign states in the United Kingdom, which is expected to come into force in the course of…more

Foreign Agents, Foreign Agents Registration Act (FARA), National Security, UK

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U.S. Department of Justice updates its Enforcement Policy for Business Organizations

On March 7, 2024, the U.S. Department of Justice’s National Security Division (NSD) issued an updated Enforcement Policy for Business Organizations. The updated policy encourages companies to voluntarily disclose to NSD certain…more

Criminal Prosecution, Department of Justice (DOJ), Export Controls, National Security, Self-Disclosure Requirements

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Trademark Insight 02/2024 – European Union & Germany // Country Focus - UK

Dear Readers, This issue of Trademark Insight once again summarizes a number of interesting decisions from the past few months, including the following key cases: As always, we also report on current case law on the likelihood…more

EU, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Popular, Trademark Application

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Employer's lack of knowledge meant no duty to adjust interview for disability, says UK EAT

Employers have to make reasonable adjustments if they apply a provision, criterion or practice that puts someone with a disability at a particular disadvantage. The duty only applies if the employer knows or could reasonably be…more

Employer Liability Issues, Employment Litigation, International Labor Laws, UK, UK Employment Appeal Tribunal

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Auditors’ liability – English case casts doubt on effectiveness of disclaimers in negligence actions

A recent English case may cause concern amongst Hong Kong auditors hoping to protect themselves from liability towards third parties by the inclusion of standard disclaimer wording in their engagement agreements. The decision –…more

Auditors, Audits, Duty of Care, Negligence, UK

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Hogan Lovells and Zodia Custody have collaborated to produce a digital assets custody paper

With increasing levels of capital continuing to flow into digital assets globally, an ever-growing pool of asset holders, and even governments exploring various digital asset projects, the need to examine custody services in the…more

Asset Management, Blockchain, Cryptoassets, Cryptocurrency, Digital Assets

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COVID-19 IP update: Intellectual Property Office developments (UK & EPO updated)

EPO - **By way of an update, on 29 July 2020 the EPO has decided to postpone all oral proceedings in examination and opposition proceedings scheduled until 31 December 2020 (previous date was 14 September 2020) unless they…more

Administrative Proceedings, EPO, EU, Intellectual Property Protection, UK

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Windows Into The Future: New Horizons & Implications for the Copyrightability of AI-Generated Works

Can AI-generated works comprise copyrightable compilations?  Is an LLM an assistive device for disabled authors?  The U.S. Copyright Office grapples with these questions and more in a recent decision that provides a glimpse into…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Copyright, Copyright Office, Intellectual Property Protection

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U.S. Departments of Energy and the Treasury issue final EV credit rules under the IRA

Newly issued final EV tax credit rules largely stick to proposed rules with some flexibility on graphite through end of ’26, clarifications on FEOC definitions that could be significant. On May 3, 2024 the Department of the…more

Automotive Industry, Department of Energy (DOE), Electric Vehicles, Inflation Reduction Act (IRA), Tax Credits

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Hogan Lovells Living Mobility Spotlight Q&A series

What is Living Mobility? It is easier to say what it is not. The automotive industry is no longer focused on the traditional vehicle. Not only are the vehicles changing but we are now focused on mobility: different modes of…more

Automation Systems, Automotive Industry, Charging Stations, Connected Cars, Driverless Cars

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UK recent developments in pensions webinar

On 21 June 2023, we held our recent developments in pensions webinar covering legal updates from the pensions industry from the recent months. Topics members of our team covered included: DB surplus (timestamp: 01.46 - 15.00)…more

Employee Benefits, Financial Conduct Authority (FCA), Pension Schemes, Pensions, The Pensions Regulator (TPR)

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Prescribed part to increase from £600,000 to £800,000 from 6 April 2020

The UK Parliament made an Order on 3 March 2020 which increases the prescribed part, payable to unsecured creditors from floating charge recoveries on the insolvency of a company from £600,000 to £800,000…more

Commercial Bankruptcy, Creditors, Debt Restructuring, Insolvency, Lenders

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The grand "finale" of China's Encryption Law

Two years on since the first draft, the final act of the legislative passage saga of the long-awaited People's Republic of China Encryption Law ended with its promulgation on 26 October 2019. It will take effect on 1 January…more

China, Critical Infrastructure Sectors, Cybersecurity, Data Protection, Encryption

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Amendments to China’s Criminal Law on bribery offences

With effect from March 1, 2024, China’s amended Criminal Law on bribery offences will come into force. Amidst China’s active anti-corruption movement, the amendments passed by the Standing Committee of the 14th National People’s…more

Anti-Corruption, Bribery, China, Corruption

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Rail industry receives new cybersecurity performance-based security requirements from TSA

On October 18, 2022, the United States Transportation Security Administration (TSA) released a new Security Directive applicable to the rail industry that will require certain owners and operators to implement new,…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Data Security

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HK’s new listing regime for innovative science and technology companies effective from 31 Mar 2023

Hong Kong Stock Exchange has launched a new listing regime for “Specialist Technology Companies” under Chapter 18C of the Listing Rules, effective from 31 March 2023. We provide a brief overview of the listing regime including…more

Capital Markets, Corporate Governance, Financial Services Industry, Hong Kong, Hong Kong Stock Exchange

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UK Real Estate Horizons: how does the new Biodiversity Net Gain regime affect you? - Do you need to comply with the Biodiversity Net Gain requirement?

The new Biodiversity Net Gain regime comes into force in February 2024 and should be front of mind for those in the development industry. Our Planning team has prepared a Real Estate Horizons flowchart to help you to navigate…more

Biodiversity, Land Developers, Land Owners, UK

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Beyond Brexit transition – VAT on cross-border movement of goods

Businesses moving goods to or from Great Britain will face new compliance burdens. EU businesses making sales to UK customers may have to register for UK VAT for the first time…more

E-Commerce, EU, Goods or Services, International Tax Issues, Internet Retailers

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Australia's Pathway to a Hydrogen Energy Future: Hydrogen Projects Update 2022

There has been significant progress in the Commonwealth and State Governments’ plans to develop a hydrogen industry in Australia since our original Australian Hydrogen Projects Paper that was published in 2020. Alongside and in…more

Australia, Clean Energy, Electricity, Energy Projects, Energy Sector

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Same-sex marriage equality developments in Japan

On 17 March 2021, a Japanese district court ruled, for the first time in Japan, that the national government’s failure to recognise same‐sex marriage is "unconstitutional". As the Japanese legal system is a civil law system,…more

Civil Code, Constitutional Challenges, Marriage, Marriage Equality, Same-Sex Marriage

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SFC identifies continued deficiencies in sponsor work

On 26 March 2018, the Securities and Futures Commission (the "SFC") issued a Circular to licensed corporations on expected standards for sponsor work (the "Circular") and a Report on the Thematic Review of Licensed Corporations…more

Corporate Governance, Financial Services Industry, Hong Kong, Hong Kong Securities and Futures Commission (HKSFC), Sponsors

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Japan: Employment law update - Amendment of the Childcare and Family Care Leave Act

To deter employees from leaving their jobs due to childbirth or childcare needs and to enable both men and women to balance work and childcare responsibilities as they deem suitable, Japan’s government passed an amendment to the…more

Child Care, Employee Benefits, Employer Liability Issues, International Labor Laws, Japan

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UK Government’s snap general election stalls Bill intended to clarify litigation funding regulations

The UK’s snap general election has delayed indefinitely the progress of draft legislation which had been introduced with a view to restoring the pre-PACCAR status quo in which litigation funding agreements were distinct from…more

Damages, Litigation Fees & Costs, Litigation Funding, UK

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What you need to know about the revised ICC Rules

Following the recent trend of periodic incremental updates to the arbitral rules of major institutions, the International Chamber of Commerce (ICC) has published the draft text of its revised 2021 Arbitration Rules. The…more

Arbitration, Arbitration Agreements, Arbitration Awards, Case Consolidation, Case Management

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DOJ lays out per se theory of liability for price fixing using algorithms

In recent court filings and public comments, the Department of Justice Antitrust Division (“DOJ” or “the Division”) has stated that price fixing using algorithmic software is per se illegal under the antitrust laws. These…more

Algorithms, Antitrust Division, Department of Justice (DOJ), Per Se Rule, Price-Fixing

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Warranty and indemnity insurance – "do"s and "don't"s

Warranty and indemnity insurance (W&I) in recent years has become a customary aspect of private equity and other M&A transactions, with investors well aware of the deal-enabling benefits (in particular, the transfer of risk onto…more

Commercial Insurance Policies, Corporate Sales Transactions, Indemnity Insurance, Insurance Claims, Insurance Regulations

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U.S. NLRB makes it more likely to deem companies as joint-employers

The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial…more

Employer Liability Issues, Final Rules, Franchisee, Franchises, Franchisors

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Trademark Insight 02/2024 – European Union & Germany // Country Focus - UK

Dear Readers, This issue of Trademark Insight once again summarizes a number of interesting decisions from the past few months, including the following key cases: As always, we also report on current case law on the likelihood…more

EU, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Popular, Trademark Application

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The EU AI Act: an Impact Analysis (part 2)

The EU AI Act is on the verge of becoming the first law to specifically govern the use of artificial intelligence at a European level. In light of the extensive set of new obligations imposed on companies, and considering the…more

Artificial Intelligence, Data Management, Data Protection, EU, Intellectual Property Protection

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AI has no personality: EPO rules that an AI machine cannot be an inventor in patent applications

In the patent grant proceedings for two European Patent Applications, the EPO has ruled that an AI machine cannot be named as an inventor in a Patent Application. Doing so does not comply with the requirement to designate the…more

Artificial Intelligence, EU, European Patent Office, Foreign Patent Applications, Intellectual Property Protection

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A Turning Point for Tech – Global survey on digital regulation

Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s…more

5G Network, Big Tech, Business Model, Competition, Copyright

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Life Sciences and Health Care Horizons - 2021

Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all –…more

Biotechnology, Clinical Trials, Coronavirus/COVID-19, Cybersecurity, Digital Health

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SEC staff issues important guidance on shareholder proposals for the 2020 proxy season

On October 16 the SEC's Division of Corporation Finance issued Staff Legal Bulletin No. 14K (CF) (SLB 14K) to provide updated guidance on the application of the "ordinary business" exception to a company's obligation under…more

Corporate Governance, New Guidance, No-Action Requests, Ordinary Business Exception, Proof of Ownership

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New York’s revised bill addressing sovereign debt – proposed change to current 9% interest rate

New York State lawmakers this week proposed a revised champerty and sovereign debt bill (Senate Bill S5623/Assembly Bill A5290) that now includes changes to the current rate of interest provided by the New York Civil Practice…more

Creditors, Debt Restructuring, Interest Rates, Sovereign Debt

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Levelling-up and Regeneration Act 2023: UK government planning and environment reforms become law

On 26 October 2023 the Levelling-up and Regeneration Bill received Royal Assent and became an Act of Parliament (“the Act” or “LURA”). The Act introduces wide-ranging reforms in a number of areas, including planning,…more

Environmental Assessments, UK, Urban Planning & Development

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U.S. + Germany Patent Update – July 2019

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. United States - - U.S. Congress Introduces Bill Addressing Patent Subject Matter Eligibility - PTAB’s…more

Article III, German Federal Supreme Court, Germany, Intellectual Property Litigation, Intellectual Property Protection

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Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience to…more

Banking Sector, Blockchain, Cryptocurrency, Environmental Social & Governance (ESG), EU

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PISCES: Government proposes innovative new UK platform for trading in shares of private companies

On 6 March 2024, as part of its Spring Budget measures, the Government published a consultation on its proposed new ‘Private Intermittent Securities and Capital Exchange System’ (known as PISCES). The new platform will allow the…more

Financial Markets, Investment, Investors, UK

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Disclosure Pilot Round-Up: “The Three Cs – Cooperation, Confidentiality, and Control”

After a dearth of decisions in the early months of the Disclosure Pilot, judges have begun lining up to add to the growing body of commentary on best practice for litigants. Our overview of PD 51U’s (no-longer-new) rules can be…more

Disclosure, Insurance Claims, Insurance Litigation, Insurance Regulations, Litigation Strategies

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Practical business tips to weather COVID-19: Employees trade secret protection policies and procedures

The risk of disclosure of sensitive business information significantly increases with more employees working remotely due to COVID-19 as information is accessed outside the office. …more

China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans, Infectious Diseases

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The Reform Of The German Nachweisgesetz And Its Consequences For Employment Contracts

With effect from 1 August 2022, the German Act on Proof of the Essential Working Conditions (Nachweisgesetz – “Act on Proof”) will undergo the most comprehensive reform since it entered into force in 1995. The government draft…more

Contract Terms, Employer Liability Issues, Employment Contract, Germany, Hiring & Firing

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Transfer pricing in the new global economy

Driven by ever-advancing technologies, today’s multinationals need to quickly adapt to new ways of doing business — a process that can often leave them more vulnerable to risk including tax and transfer pricing, especially since…more

BEPS, Doing Business, Global Economy, Intellectual Property Protection, Multinationals

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Africa Newsletter 2022, Edition 1

It has been some time since our last newsletter, but this edition is packed with interesting articles and news about some of our recent and upcoming events. We start with two articles from our Paris office. In the first, Thomas…more

Africa, Arbitration, Commercial Arbitration, Data Protection, Dispute Resolution

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Polska – wszystkie gwizdki gotowe!

Polska jest bliska przyjęcia przepisów o ochronie sygnalistów, czyli implementacji dyrektywy (UE) 2019/1937 z dnia 23 października 2019 r. w sprawie ochrony osób zgłaszających naruszenia prawa Unii. Projekt ustawy o ochronie…more

Data Protection, Employer Liability Issues, International Labor Laws, Poland, Retaliation

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Securities Act Rule 192 – Conflicts of interest relating to certain securitizations

On January 25, 2023, the U.S. Securities and Exchange Commission re-proposed a rule, previously presented in 2011, to prevent material conflicts of interest with an investor in an asset-backed securitisation transactions. The…more

Asset-Backed Securities, Conflicts of Interest, Popular, Proposed Rules, Securities Act of 1933

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Alternatives to SOFR: an overview of existing credit sensitive rates

This article aims to highlight certain key differences between LIBOR, SOFR and several of the most common credit sensitive rates that are available or are in development today…more

Alternative Reference Rates Committee (ARRC), Banking Sector, Financial Institutions, Financial Services Industry, ICE Benchmark Administration (IBA)

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SEC adopts major Rule 10b5-1 amendments and disclosure requirements relating to securities transactions

On December 14, the SEC adopted long-awaited amendments to Rule 10b5-1 under the Exchange Act that add new conditions for a trading arrangement to qualify for the rule’s affirmative defense against Rule 10b-5 liability for…more

10b5-1 Plans, Affirmative Defenses, Cooling-Off Rule, Corporate Governance, Disclosure Requirements

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FDA finalizes advice on cybersecurity info to include in device submissions

The U.S. Food and Drug Administration (FDA) has finalized its guidance on “Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions,” which advises medical device manufacturers on how…more

Cybersecurity, Draft Guidance, Food and Drug Administration (FDA), Manufacturers, Medical Devices

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Venture capital and private equity in Asia-Pacific in 2018

As one of the world's leading international law firms, with market-leading practices throughout Asia-Pacific, advising on headline deals such as Walmart's recent acquisition of a 77 per cent. stake in Flipkart, Hogan Lovells is…more

ASEAN Funds, Asia Pacific, Investment, Investors, Private Equity

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Federal mental health parity proposed rules target health plans and issuers

Declaring that “too often” health plans and health insurance issuers are not complying with the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”), the U.S. Departments of Labor (“DOL”), Health and Human Services,…more

Department of Labor (DOL), Health Insurance, Mental Health, Mental Health Parity Rule, MHPAEA

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Countering counterparty insolvency

These days, the threat of counterparty insolvency looms over the energy sector: whether it is a natural disaster or precipitous decline in the price of oil, perhaps no industry is more susceptible to the financial decline and…more

Bankruptcy Code, Chapter 11, Chapter 7, Commercial Bankruptcy, Counterparty Risk

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‘Bottled it’: Aldi light-up gin bottle design infringes Marks & Spencer’s UK registered design

On 31 January 2023, the IPEC held that Aldi had infringed M&S’s registered design for gin bottles. The court was not swayed by Aldi’s argument that a number of the features of the bottle, such as the light in the base of the…more

Copyright, Design Patent, Design Trademarks, Intellectual Property Protection, Trademarks

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Major reforms to Australia’s foreign investment framework to commence on 1 January 2021

The Australian government has introduced the most significant reforms to Australia’s foreign investment laws (the FIRB regime) in nearly 50 years. This client alert provides a high level summary of the key changes to the FIRB…more

Australia, Critical Infrastructure Sectors, FIRB, Foreign Investment, National Security

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All a matter of timing - English construction court considers when there’s a cause of action for defective design - Talking Point Asia November 2023

The Technology and Construction Court in London has given a wide-ranging review of the law that frequently arise in construction projects, particularly on issues of limitation and when a cause of action over a supposedly…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Contractors

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Evolution of FDA regulation of AI-based technology

Hogan Lovells partners Kelliann H. Payne and John J. Smith, M.D., J.D. recently joined Richard Frank, MD, PhD, Chief Medical Officer, Siemens Healthineers, and other industry leaders in person and virtually at the Health Care AI…more

Artificial Intelligence, Food and Drug Administration (FDA), Health Care Providers, Health Technology, Machine Learning

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Public comment on Department of Education's proposed Title IX rules due January 30

On November 29, 2018 the U.S. Department of Education (ED) published in the Federal Register a notice of proposed rulemaking (NPRM) to amend ED's regulations implementing Title IX of the Education Amendments of 1972 (Title IX)…more

Comment Period, Complaint Procedures, Department of Education, Disciplinary Proceedings, Educational Institutions

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Review of company voluntary arrangements (“CVAs”)

On 28 June 2022 the Insolvency Service published a report it had commissioned from RSM UK to assess the impact that CVAs were having on commercial landlords (the “Report”). The Report was commissioned in response to a number of…more

Commercial Property Owners, Commercial Tenants, Corporate Restructuring, Creditors, CVAs (Company Voluntary Arrangements)

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Health care trends in a post-pandemic economy

The COVID-19 pandemic has led to the rapid expansion and widespread adoption of telehealth/telemedicine services, significantly altering how health care providers deliver—and how consumers access—medical services around the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Cybersecurity, Data Privacy, Health Care Providers

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Arbitration Highlights in the Year of the Dragon

In the year of the dragon, attention turns to the enforcement of arbitral awards. We look at five different Hong Kong decisions where enforcement or set aside has been the central issue often involving arguments of public…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Hong Kong

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EU consumer credit legislation in the digital era: Council of EU adopts CCD II

The EU has adopted the final text of the Directive on consumer credits to revise and replace the Consumer Credit Directive (2008/48/EC) (CCD II). The next step will be publication in the Official Journal of the EU and then entry…more

Credit, EU, European Banking Authority (EBA), European Commission

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UK Real Estate ESG Update

2024 continues to deliver waves of ESG-related news, updates and developments. In this latest ESG Update Robert Gowing considers the challenges inherent in the planning system when it comes to adapting or upgrading heritage…more

Environmental Social & Governance (ESG), Landlords, Leases, Real Estate Market, Sustainability

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Potential Reform that amends the sanction procedure for Financial Laws in Mexico

On October 3, 2023, the Mexican Senate approved and sent a draft of the Decree that amends several financial laws on administrative procedure ("Decree") to Mexico’s Chamber of Deputies for discussion and final approval, which is…more

Administrative Procedure, Banks, Financial Institutions, Mexico, Sanctions

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UK pensions: ambitions for defined benefit (DB) schemes

The government has ambitious plans for the future of defined benefit (DB) pension schemes, many of which, it is hoped, will help the UK economy through increased investment in productive finance.  In particular, the government…more

Defined Benefit Plans, Defined Contribution Plans, Employee Benefits, Pension Protection Fund (PPF), Pension Schemes

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No time to waste III - Parliament and Council reached provisional agreement on PPWR

Recently, the Parliament and the Council, under the leadership of the Belgian Council Presidency, have been able to reach a provisional agreement on a final text for a new Packaging and Packaging Waste Regulation within a short…more

Belgium, Plastics, Product Packaging, Recycling, Waste Management

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Viel Nachfrage, wenig Angebot - besteht eine Lieferpflicht in krisenbedingten Mangellagen?

Die fundamentalen Spannungen, die der Ukraine-Krieg in den Energiemärkten verursacht, hinterlassen bereits jetzt tiefe Spuren bei Industrie und Privathaushalten. Vor allem bei besonders energieintensiven Industrien und Betrieben…more

Antitrust Provisions, Distributors, Manufacturers, Supply Chain, Ukraine

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U.S. Corporate Transparency Act beneficial ownership reporting regulations take effect January 2024

The U.S. Congress enacted the Corporate Transparency Act (CTA) in 2020. The CTA for the first time created a federal obligation to report beneficial ownership information for most U.S. entities (and foreign entities doing…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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MAS Green Bond Grant Scheme

Often referred to as “a city within a garden”, Singapore has a proud tradition of forging ahead with “green” policies. Launched by the Monetary Authority of Singapore (MAS) in June 2017, the Green Bond Grant Scheme (the Scheme)…more

Bond Issuers, Green Bonds, Monetary Authority of Singapore, Singapore

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A creditor's game plan in Chapter 11: Five things to consider

Stay informed - Make sure you are correctly listed on the master mailing matrix or hire counsel to make a formal appearance to make sure you get notices of what's happening in the case. Check to see if a Claims and Noticing…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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The Department of Justice introduces a new privilege team

Recently, the Department of Justice's (DOJ) Criminal Division Fraud Section took action that may provide defendants with opportunities to preserve their legal privileges during government investigations. In late 2018, the Fraud…more

Criminal Investigations, Department of Justice (DOJ), Enforcement Actions, Fraud, Government Investigations

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The Foreign Extortion Prevention Act (FEPA) signed into law: What it means for companies worldwide

On December 22, 2023, President Biden signed the Foreign Extortion Prevention Act (FEPA) into law, revising Section 201 of Title 18 of the U.S. Code concerning bribery of government officials. This significant development…more

Anti-Corruption, Biden Administration, Bribery, Extortion, FEPA

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Cross-border Real Estate ESG: How will the EPBD affect EU member states… and what about the US and UK?

What is the latest position on the Energy Performance of Buildings Directive (EPBD)? How will different EU member states implement the new regime? How is the UK grappling with the need to improve energy performance across the…more

Climate Change, Cross-Border Transactions, Energy Efficiency, Environmental Social & Governance (ESG), EU

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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Hitting the brakes: UK FCA review of motor finance commission arrangements

Following a large number of complaints from motor finance customers in relation to discretionary commission arrangements entered into before the FCA's 2021 ban was introduced, the FCA has announced that it is using its powers…more

Financial Conduct Authority (FCA), Financial Services Industry, FSMA, UK

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COVID-19 U.S.: Summary of key business tax relief provisions under the CARES Act

The CARES (Coronavirus Aid, Relief, and Economic Security) Act (Public Law No. 116-136) was signed into law on March 27, 2020 in an effort to provide financial help to beleaguered individuals, businesses, health care providers,…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Net Operating Losses

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Belgian Financial Services and Markets Authority clarifies the characterisation of crypto-assets

By means of a communication dated 22 November 2022, the Belgian Financial Services and Markets Authority (FSMA) has provided clarification of the most common cases where crypto-assets may fall within the scope of the prospectus…more

Belgium, Cryptoassets, Cryptocurrency, EU Prospectus Regime, Financial Instruments

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UK Real Estate Horizons: how does the new Biodiversity Net Gain regime affect you? - Do you need to comply with the Biodiversity Net Gain requirement?

The new Biodiversity Net Gain regime comes into force in February 2024 and should be front of mind for those in the development industry. Our Planning team has prepared a Real Estate Horizons flowchart to help you to navigate…more

Biodiversity, Land Developers, Land Owners, UK

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Germany: New relative grounds proceedings for the declaration of invalidity of a trademark

2020 brings significant changes in the field of trademark law for proceedings before the German Patent and Trademark Office (GPTO). By 1 May 2020 – for the first time – there will be administrative proceedings for declaration of…more

Germany, Intellectual Property Protection, International Trademark Protection, Trademark Invalidity, Trademarks

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Koniec stanu zagrożenia epidemicznego, czyli kolejne zmiany terminów podatkowych

Zgodnie z projektem Rozporządzenia Ministra Zdrowia opublikowanym 2 maja na stronach Rządowego Centrum Legislacji, 1 lipca 2023 r. stan zagrożenia epidemiologicznego ma zostać odwołany. Projekt skierowano do uzgodnień i…more

Coronavirus/COVID-19, Filing Deadlines, Income Taxes, Poland, Tax Liability

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Post-SVB events and implications: News and subsequent analysis 2023 banking crisis update

Federal and state financial regulators have released after-action reports regarding the recent closures of Silicon Valley Bank (SVB) and Signature Bank. Especially when viewed in the light of First Republic Bank’s failure…more

Banking Sector, Cryptocurrency, FDIC, Financial Institutions, Financial Regulatory Reform

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Roll and sell elections on GP-led transactions

For the investment teams of pension funds, endowment funds, family offices and similar institutional investors investing in private funds, barely a week goes by without their inboxes filling up with a long election booklet…more

Investment, Investors, Private Equity, Private Funds

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Final regulations – U.S. withholding tax on transfers of partnership interests

Since 2018, the buyers, sellers, and partnerships engaging in secondary and other transactions involving partnership interest transfers have been navigating complicated U.S. tax and related withholding obligations that apply…more

IRS, Partnership Interests, Tax Liability, Transfer of Interest, Withholding Tax

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FTC seeks industry input on modernizing its “.com Disclosures” guidance

FTC seeks industry input on potential revisions to its 2013 .com Disclosures guidance on digital advertising and marketing…more

Advertising, Federal Trade Commission (FTC), FTC Act, Marketing, Online Platforms

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Unified Patent Court publishes long-awaited list of judge appointments

Last night the Unified Patent Court (UPC) published its long-awaited list of judge appointments for the new court system. The list does not only include the names of the judges of all first instance local and central decisions…more

EU, Intellectual Property Protection, Judicial Appointments, Patents, Unified Patent Court

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Key takeaways from the retail buzz coffee chat with the Hogan Lovells NY team

On 24 January 2023, the Hogan Lovells New York Retail Team hosted a coffee chat webinar discussing cross-practice predictions concerning the retail sector for the coming year. The event featured Hogan Lovells partners Meryl…more

Business Development, Business Strategies, E-Commerce, Hiring & Firing, Joint Venture

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Doing business in Italy 2023

This booklet has been written specifically for business individuals and whilst it may be of interest to their local advisers, such as lawyers or accountants, the information is intended for a wider audience. We cover topics…more

Corporate Governance, Doing Business, EU, Foreign Corporations, Foreign Subsidiaries

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U.S. agencies impose new export controls on civil nuclear items to China

The Department of Commerce’s Bureau of Industry and Security and the Nuclear Regulatory Commission have issued new licensing requirements on exports of certain civil nuclear hardware, software, and technology to the People’s…more

Bureau of Industry and Security (BIS), China, Export Controls, Exports, Nuclear Regulatory Commission

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Which Market? Equity Capital Markets: (UPDATED)

Hogan Lovells Guide to the eligibility requirements and continuing obligations of admitting securities to the Premium, Standard and High Growth segments of the Main Market and AIM – (updated as at August 2019). …more

AIM, American Depository Receipts (ADRs), Capital Markets, Equity Markets, High Growth Segment

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US: Supreme Court hears argument on constitutionality of inter partes review

On November 27, 2017, the Supreme Court heard oral arguments in a case that will determine the constitutionality of inter partes review, a proceeding before the United States Patent and Trademark Office’s Patent Trial and…more

Administrative Proceedings, America Invents Act, Article III, Constitutional Challenges, Due Diligence

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Insolvenzen von Pflegeheimbetreibern – was passiert mit Oma, dem Miet-/Pachtverhältnis und dem Betrieb?

In den letzten Wochen haben in Deutschland zwei größere Betreiber der stationären Pflege und von betreutem Wohnen Insolvenz angemeldet. Auch wenn dies aus unserer Sicht nur Einzelfälle sind und kein Krankheitssyndrom der…more

Commercial Bankruptcy, Germany, Insolvency, Leases, Long Term Care Facilities

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State attorneys general data breach investigations: 23andMe in 2023, more in 2024

In the rapidly evolving landscape of data privacy and cybersecurity, the role of state attorneys general has become increasingly prominent. Here, we delve into a recent case – the data breach involving the prominent genetic…more

23andMe, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Proof in Trial: Moore v. Harper

Subscribe and listen to Proof in Trial here: https://proofintrial.lnk.to/series A high-stakes U.S. Supreme Court case with precedent-setting ramifications on federal elections, an NCAA basketball team fighting for its future,…more

Federal Elections, Moore v Harper, Racial Gerrymandering, SCOTUS, State Legislatures

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California Attorney General announces investigative initiative aimed at streaming services

The recently unveiled investigative inquiry targeting streaming services marks the Attorney General Rob Bonta’s ongoing efforts to position California at the forefront of privacy enforcement, underscoring the necessity for…more

California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy, Data Protection, Personal Data

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Trademark Insight 02/2024 – European Union & Germany // Country Focus - UK

Dear Readers, This issue of Trademark Insight once again summarizes a number of interesting decisions from the past few months, including the following key cases: As always, we also report on current case law on the likelihood…more

EU, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Popular, Trademark Application

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The China Select Committee proposes comprehensive 2024 U.S. economic strategy for countering PRC

On December 12, the Select Committee on the Chinese Communist Party of the U.S. House of Representatives issued a comprehensive economic strategy containing over 160 policy recommendations intended to “to fundamentally reset the…more

Bureau of Industry and Security (BIS), CFIUS, China, Export Controls, Exports

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How COVID-19 is impacting ADG M&A

Special series focused on the impact of the COVID-19 pandemic on the Aerospace, Defense, and Government Services industry - While fundamentals remain healthy for much of the government market because of dedicated spending…more

Acquisition Agreements, Aerospace, Coronavirus/COVID-19, Defense Sector, Material Adverse Effects

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Offshore wind projects with Chinese suppliers: Topics you should think about

Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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Electric Vehicle charging – regulation that sparks a charge towards a better network

The UK government has published its Road to Zero strategy last year, paving the way for a significant expansion of both on and off-street electric vehicle (EV) charging facilities in the UK. The EV revolution is happening and…more

Automotive Industry, Charging Stations, Electric Vehicles, Infrastructure, Innovative Technology

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Automotive biometrics drive innovation and litigation risk

Over the past decade, the use of biometrics – measurements of people’s unique physical, physiological, biological, or behavioral characteristics – in smartphones, wearable technology, and employee timekeeping devices grew…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Facial Recognition Technology

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NLRB issues new notice of proposed rulemaking on joint-employer standard

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule for determining joint-employer status under the National Labor Relations Act (NLRA). Since 2020, a joint employer finding required proof of…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Joint Employers, NLRA, NLRB

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EXPO REAL 2023: Key Trends in the real estate sector

Same procedure as every year after Wiesn: it’s Expo Real time! Project developers, bankers, brokers, investors, owners and operators – and last but not least real estate lawyers, meet at EXPO REAL in Munich, Germany’s most…more

Environmental Social & Governance (ESG), Real Estate Development, Real Estate Market, Sustainability

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Beyond Earth’s Gravity: Navigating legal hurdles in space-based drug research and development

Innovative technologies are reshaping every industry, presenting new business cases and changing our daily lives. These technologies are hyper-connecting the world and offering new ways to interact. Particularly in the Space and…more

Funding, Intellectual Property Protection, Outer Space, Research and Development, Satellites

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The European Commission launches its first ex-officio investigation under the FSR into Chinese wind turbines

On 9 April 2024, the European Commission launched its first ex-officio investigation under the EU Foreign Subsidies Regulation, targeting Chinese wind turbines in Spain, Greece, France, Romania and Bulgaria…more

Competition, EU, European Commission, Foreign Subsidies, Merger Controls

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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ADG Insights | NIST set to "enhance" contractor cybersecurity duties

Through ADG Insights, we share with you the top legal and political issues affecting the aerospace, defense, and government services (ADG) industry. Our ADG industry team monitors the latest developments to help our clients stay…more

Aerospace, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Data Management

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U.S. BIOSECURE Act: Key considerations for global cell, tissue, and gene therapy stakeholders

Efforts to curtail U.S. reliance on biotechnology companies in the People’s Republic of China (PRC) and prevent certain data of U.S. persons from being provided to the Chinese Communist Party (CCP) have come to the fore this…more

Biotechnology, China, Genetic Materials, Life Sciences

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El TJUE invalida el Privacy Shield y confirma la validez de las CCT (R-E) PERO con condiciones

El TJUE se pronuncia sobre la validez del Privacy Shield y las Cláusulas Contractuales Tipo (Responsable-Encargado). En su sentencia, el TJUE ha: (i) invalidado el Privacy Shield como mecanismo para transferir de forma segura…more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Processors, Data Protection, EU

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European Commission moves forward in efforts to promote product repairability and tackle greenwashing

On 22 March 2023, the European Commission put forward two proposals which share a common objective: the promotion of sustainable consumption. The Right to Repair Directive will make it more attractive for consumers to have…more

Enforcement Actions, EU, European Commission, Greenwashing, Manufacturers

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PRA, FCA and BoE publish feedback on AI and Machine Learning in financial services

On 26 October 2023, the Bank of England (BoE) (including the Prudential Regulation Authority (PRA)), and the Financial Conduct Authority (FCA) (collectively ‘the regulators’) published a feedback statement summarising the…more

Banking Sector, Financial Conduct Authority (FCA), Financial Services Industry, Prudential Regulation Authority (PRA), UK

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Obywatele Ukrainy z przedłużoną ochroną do 4 marca 2024 roku

Ważne: Chcemy zwrócić Państwa uwagę na istotną, a rzadko komentowaną zmianę, dotyczącą przedłużenia ochrony czasowej w Polsce dla obywateli Ukrainy na podstawie specustawy. Są to dobre wieści dla obywateli Ukrainy i ich…more

Foreign Nationals, Immigration Procedures, International Labor Laws, Military Conflict, Poland

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Game on - Indonesia sets out ambitious development plans for the gaming industry

The Indonesian government has set out its plans for developing its still immature gaming industry, by enacting the Presidential Regulation No. 19 of 2024 on the Acceleration of National Game Industry Development (PR 19/2024)…more

Gaming, Indonesia, Online Gaming, Video Games

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U.S. Department of Justice updates its Enforcement Policy for Business Organizations

On March 7, 2024, the U.S. Department of Justice’s National Security Division (NSD) issued an updated Enforcement Policy for Business Organizations. The updated policy encourages companies to voluntarily disclose to NSD certain…more

Criminal Prosecution, Department of Justice (DOJ), Export Controls, National Security, Self-Disclosure Requirements

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United Kingdom to withdraw from the Energy Charter Treaty

On 22 February 2024, the Government of the United Kingdom (UK) announced that the UK would withdraw from the Energy Charter Treaty (ECT) after a recent failed attempt to modernise its text…more

Energy Charter Treaty, EU, International Arbitration, Investment, Investors

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Hogan Lovells Living Mobility Spotlight Q&A series

What is Living Mobility? It is easier to say what it is not. The automotive industry is no longer focused on the traditional vehicle. Not only are the vehicles changing but we are now focused on mobility: different modes of…more

Automation Systems, Automotive Industry, Charging Stations, Connected Cars, Driverless Cars

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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UK MHRA publishes blueprint for the international recognition of medical devices

The UK Medicines and Healthcare products Regulatory Agency (MHRA's) has published a Statement of policy intent: international recognition of medical devices outlining its proposal for the International Recognition Procedure…more

Life Sciences, Medical Devices, Medicines and Healthcare Products Regulatory Agency (MHRA), UK

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The China Select Committee proposes comprehensive 2024 U.S. economic strategy for countering PRC

On December 12, the Select Committee on the Chinese Communist Party of the U.S. House of Representatives issued a comprehensive economic strategy containing over 160 policy recommendations intended to “to fundamentally reset the…more

Bureau of Industry and Security (BIS), CFIUS, China, Export Controls, Exports

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The Foreign Investment Law gets wings: draft implementation regulations released for public consultation

Following the ground-breaking People's Republic of China (PRC) Foreign Investment Law (FIL) which unifies and replaces the main existing rules governing foreign invested enterprises (FIEs) and their activities, namely the…more

China, Comment Period, Foreign Entities, Foreign Investment, Investors

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Changes in insurance regulation: Mainland China / Hong Kong / Singapore / Indonesia / Vietnam

On 12 January 2021, the China Banking and Insurance Regulatory Commission (CBIRC) issued the Regulating the Informatization Work of Insurance Intermediaries Measures (Insurance Intermediaries Measures), which took effect on 1…more

Capital Markets, China, Consumer Insurance Products, Foreign Exchanges, Foreign Investment

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FCC adopts new regulation of telecommunications in multi-tenant environments

Recent developments from the Federal Communications Commission (FCC) signal a renewed focus on leveraging the blunt instrument of regulation to spur telecommunications competition in apartment buildings, shopping malls, and…more

Broadband, Broadband Internet Access Services (BIAS), FCC, New Regulations, Revenue Sharing

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Mit Klauen und Zähnen? Der Referentenentwurf zur 11. GWB-Novelle ist da

Anknüpfend an seine kürzlich veröffentlichte Pressemitteilung hat das Bundesministerium für Wirtschaft und Klimaschutz („BMWK“) diese Woche den Referentenentwurf des neuen „Wettbewerbsdurchsetzungsgesetzes“ veröffentlicht. Gut…more

Antitrust Provisions, Capital Markets, Competition, Foreign Investment, Merger Controls

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New draft law on blocking of mobile applications with IP infringing content passed by Russian Parliament

On June 2, 2020 the Federation Council of Russia, the upper house of Russian Parliament, approved a bill proposing amendments to the Law on Information, Information Security and Information Technologies. The bill allows the…more

Blocking Power, Digital Services, Intellectual Property Protection, Legislative Agendas, Mobile Apps

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Auditors’ liability – English case casts doubt on effectiveness of disclaimers in negligence actions

A recent English case may cause concern amongst Hong Kong auditors hoping to protect themselves from liability towards third parties by the inclusion of standard disclaimer wording in their engagement agreements. The decision –…more

Auditors, Audits, Duty of Care, Negligence, UK

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Domain Name News: April 2024

This is the April edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: .SWISS…more

Domain Names, gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Dyrektywa w sprawie pracy platformowej coraz bliżej!

24 kwietnia 2024 roku posłowie do Parlamentu Europejskiego, ogromną większością głosów, przyjęli nowe przepisy mające na celu poprawę warunków pracy pracowników platform internetowych. Teraz przepisy wymagają formalnego…more

Digital Platforms, Employer Liability Issues, International Labor Laws, Poland

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Key takeaways from the retail buzz coffee chat with the Hogan Lovells NY team

On 24 January 2023, the Hogan Lovells New York Retail Team hosted a coffee chat webinar discussing cross-practice predictions concerning the retail sector for the coming year. The event featured Hogan Lovells partners Meryl…more

Business Development, Business Strategies, E-Commerce, Hiring & Firing, Joint Venture

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The Warsaw office of Hogan Lovells represents the Malta Foundation in a dispute with the Ministry of Culture regarding the limits of freedom of speech

Based on the agreement between the Malta Foundation and the Ministry of Culture, the Ministry committed itself to co-finance the theatre festival organized by the Foundation over the years 2016 to 2018. The Ministry unjustly…more

Artistic Works, Breach of Contract, Contract Disputes, Financing, Free Speech

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DMA - a whole new world for large platform service providers?

The European Commission has published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’…more

Data Management, Digital Marketplace, EU, European Commission, General Data Protection Regulation (GDPR)

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New year, new views - arbitration highlights in the Year of the Rat

As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England. …more

Arbitral Authority, Arbitration, Arbitration Agreements, Arbitration Awards, Business Disputes

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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Investing in asset-backed notes through the Bond Connect scheme: a new channel to access the Chinese debt capital markets

In July 2017, Mainland China and the Hong Kong SAR launched the Bond Connect Scheme ("Bond Connect"). Bond Connect is a milestone in the liberalization of the Chinese debt capital markets, a significant opportunity for…more

Asset-Backed Securities, Bond Connect, Bonds, China, CIBM

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Landmark order recognizes Hong Kong insolvency proceedings in Singapore

The Singapore High Court has recently granted recognition to Hong Kong liquidation proceedings and liquidators for the first time under Singapore's enactment of the United Nations Commission on International Trade Law Model Law…more

Foreign Jurisdictions, Hong Kong, Insolvency, Restructuring, Singapore

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Amendments to China’s Criminal Law on bribery offences

With effect from March 1, 2024, China’s amended Criminal Law on bribery offences will come into force. Amidst China’s active anti-corruption movement, the amendments passed by the Standing Committee of the 14th National People’s…more

Anti-Corruption, Bribery, China, Corruption

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Is Arbitration Finance right for you?

Would arbitration finance help us? Opening up opportunities / managing risks. Arbitration finance can enable you to bring good claims while reducing or eliminating the costs on your balance sheet, preserving your legal…more

Arbitration, Arbitration Awards, Business Disputes, Business Litigation, Cooperative Agreements

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Luxembourg insolvency law reform: New procedures to safeguard businesses more effectively

On 1 November 2023, the new Luxembourg law of 7 August 2023 on the continuation of businesses and the modernisation of insolvency law (the “New Law”) entered into force. The New Law introduces new safeguard mechanisms designed…more

Corporate Restructuring, Creditors, Debtors, Insolvency, Luxembourg

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Hong Kong Corporate & Regulatory Insights – April 2023

The Stock Exchange of Hong Kong Limited (SEHK) announced new chapter on Listing Rules The SEHK announced on 24 March 2023 the expansion of Hong Kong's listing framework for the listings of Specialist Technology Companies…more

Antitrust Provisions, Capital Markets, Corporate Governance, Data Protection, Environmental Social & Governance (ESG)

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Hong Kong Corporate & Regulatory Insights – April 2023

The Stock Exchange of Hong Kong Limited (SEHK) announced new chapter on Listing Rules The SEHK announced on 24 March 2023 the expansion of Hong Kong's listing framework for the listings of Specialist Technology Companies…more

Antitrust Provisions, Capital Markets, Corporate Governance, Data Protection, Environmental Social & Governance (ESG)

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FDA completes first pre-market consultation for human food made with animal cell culture technology

The U.S. Food and Drug Administration (FDA) recently completed its first pre-market consultation for a human food made from cultured animal cells and issued a letter stating it had no further questions regarding the submitter’s…more

Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Food Supply, Regulatory Requirements

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New Data Protection-Friendly eCommercial Model Clinical Trial Agreements Now Available

Updated versions of the UK model Clinical Trial Agreement (mCTA) and the Clinical Research Organisation model Clinical Trial Agreement (CRO-mCTA) have been published…more

Clinical Trials, Data Protection, Life Sciences, Pharmaceutical Industry, UK

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New requirements for the transportation of goods and merchandise within Mexico

Tax Authorities in Mexico have taken additional measures in relation to the regulation of the transportation of goods and merchandise within the country; this includes the issuance of a Complement to the Electronic Invoice…more

Exports, Mexico, Shipping, Shipping Cargo, Supply Chain

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Spotlight on the U.S.: Panelists discuss navigating the IRA

Hogan Lovells is hosting a special webinar series for Life Sciences and Health Care companies based in, or with commercial interests in, the Asia-Pacific (APAC) region. The series shares topical insights, cost-effective…more

Drug Pricing, Hatch-Waxman, Inflation Reduction Act (IRA), Intellectual Property Protection, Medicare

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Domain Name News: May 2024

This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Nominet…more

Domain Name Registration, Domain Names, gTLD, ICANN, Intellectual Property Protection

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Netting off – Development and the Environment

There has recently been a great deal of public concern over the putting up of nets in trees and hedgerows on development sites. Some developers do this to prevent birds nesting in trees and hedges they plan to cut down as part…more

Construction Project, Environmental Policies, Real Estate Development, Risk Mitigation, UK

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Global Real Estate Horizon Scanner – Spring 2024 edition

A glance at the legislative changes likely to impact global real estate over the next few months. What legal developments can we expect to see globally this Spring? Whichever jurisdiction you operate in, there is an array of…more

Energy Sector, Environmental Social & Governance (ESG), Real Estate Market, Renewable Energy

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The Foreign Extortion Prevention Act (FEPA) signed into law: What it means for companies worldwide

On December 22, 2023, President Biden signed the Foreign Extortion Prevention Act (FEPA) into law, revising Section 201 of Title 18 of the U.S. Code concerning bribery of government officials. This significant development…more

Anti-Corruption, Biden Administration, Bribery, Extortion, FEPA

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FDA signals potential shift toward interchangeability for all biosimilars

The U.S. Food and Drug Administration (FDA) recently released a podcast on biosimilars, featuring Dr. Sarah Yim, director of FDA’s Office of Therapeutic Biologics and Biosimilars (OTBB), that seems to indicate a potential move…more

Biologics, Biosimilars, BPCIA, Food and Drug Administration (FDA), Life Sciences

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A few borrower strategies and considerations in a loan default and workout scenario

Real estate has faced and weathered many challenges since March 2020, and despite the survival by owners of real estate, defaults under real estate loans are expected to grow in 2024, with many owners of real estate not able to…more

Borrowers, Default, Financial Services Industry, Lenders, Loans

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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PSD3: European Parliament adopts amended PSD3 and PSR texts at first reading

On 23 April 2024, the European Parliament announced its adoption at first reading of amended texts of the European Commission’s June 2023 legislative proposals for a Directive on payment services and electronic money services…more

EU, European Banking Authority (EBA), Financial Services Industry, Payment Services Directive, PSD2

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Securitisation disclosure - Could less be more?

The detailed disclosure requirements under the Securitisation Regulations in the EU and UK, which aim to ensure that investors receive the information needed to make informed assessments, have been considered by many market…more

Disclosure Requirements, EU, European Securities and Markets Authority (ESMA), Financial Conduct Authority (FCA), Prudential Regulation Authority (PRA)

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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New EU Russia sanctions package

On 25 February 2022, the EU adopted a wide package of additional sanctions against Russia targeting key sectors of its economy. New measures include: (1) a complete export ban on dual-use items; (2) export bans on goods in the…more

Economic Sanctions, EU, Export Controls, Foreign Policy, Foreign Relations

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Proposal for General Product Safety Regulation (GPSR): Overview of important potential revisions

Already in 2011, the EU Commission stated its intention to revise the Directive 2001/95/EC on general product safety ("GPSD") "to improve the safety of products circulating in the EU through better coherence and enforcement of…more

Distributors, European Commission, Importers, Internet of Things, Manufacturers

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Life Sciences and Health Care Horizons - 2021

Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all –…more

Biotechnology, Clinical Trials, Coronavirus/COVID-19, Cybersecurity, Digital Health

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GDPR fines: German court specifies requirements for fine notices in light of ECJ case-law

Following the European Court of Justice’s (“ECJ”) landmark judgement of 5 December 2023 (case no. C-807/21), the Higher Regional Court of Berlin specified the requirements for GDPR fine notices issued by data protection…more

Cybersecurity, Data Protection, EU, EU Data Protection Laws, Fines

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DMA - a whole new world for large platform service providers?

The European Commission has published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’…more

Data Management, Digital Marketplace, EU, European Commission, General Data Protection Regulation (GDPR)

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UK Building safety: Gateway consultation open for comment

The Building Safety Act 2022 received royal assent on 28 April 2022, with its provisions coming into force over the following 18-month period. One of the key elements of the Act is the introduction of specific building control…more

Building Standards, Construction Industry, Construction Project, Contractors, Safety Standards

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UK: Digital Securities Sandbox now in force

On 8 January 2024, the Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023 entered into force, creating the Digital Securities Sandbox within which certain Financial Market Infrastructures will…more

Digital Securities, Financial Conduct Authority (FCA), Financial Services and Markets Act, HM Treasury, UK

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Colorado becomes first U.S. state to enact broadly applicable AI law

On May 17, 2024, Colorado Governor Jared Polis signed the Colorado Artificial Intelligence (AI) Act (CAIA), the first broadly scoped U.S. AI law. Similar to the EU AI Act, the CAIA takes a risk-based approach and focuses on…more

Algorithms, Artificial Intelligence, Innovative Technology, Machine Learning, Personal Data

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Re-open for business in the UK: How to safely re-open restaurants, pubs, and bars

The government has announced that on 4 July 2020, it will commence the third stage of its plan to ease the 'lockdown' restrictions implemented in England due to COVID-19. Following the reopening of 'non-essential retail shops'…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Hospitality Industry, Non-Essential Businesses

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UK Court of Appeal finds Tesco infringes Lidl’s trade mark but not copyright

The Court of Appeal has upheld findings that Tesco infringed Lidl’s trade mark for its LIDL logo, by using a similar logo in its Clubcard Prices promotion. The Court of Appeal also dismissed Tesco’s appeal against a finding of…more

Copyright, Intellectual Property Protection, Trademark Infringement, Trademark Litigation, Trademarks

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México establece aranceles temporales de hasta el 50%

México establece aranceles temporales de hasta el 50% a mercancías de sectores estratégicos aplicables a países con los que no tiene acuerdos comerciales…more

Cross-Border Transactions, Mexico, Tariffs, Trade Relations

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HHS again permits FDA review of LDTs, updates EUA policy for laboratory developed tests

On November 15, the U.S. Department of Health and Human Services (HHS) withdrew a controversial Trump-era HHS Policy Change that effectively prevented the Food and Drug Administration (FDA) from reviewing laboratory-developed…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Emergency Use Authorization (EUA), Food and Drug Administration (FDA), Laboratory Developed Tests

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English court disclosure pilot made permanent

From 1 October 2022, the disclosure pilot in the Business and Property Courts will become a permanent part of the court rules as Practice Direction 57AD. The Practice Direction will apply to all existing and new proceedings in…more

Business and Property Courts, Case Management, Disclosure Pilot Scheme, Discovery, Document Productions

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German Federal Constitutional Court declares Act of Approval to the UPCA to be null and void

On Friday, 20 March 2020, the Federal Constitutional Court (FCC) published its decision on the Constitutional Complaint filed against the national German Act of Approval to the UPCA…more

EU, Germany, Patent Litigation, Patents

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APP fraud: UK PSR consults on CHAPS mandatory reimbursement requirement

The Payment Systems Regulator (PSR) is consulting on a proposal to direct banks and other payment firms participating directly or indirectly in CHAPS (the UK’s high-value payment system) to reimburse their customers who have…more

Banking Sector, Banks, Financial Conduct Authority (FCA), Payment Systems, UK

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UK major infrastructure – National Infrastructure Commission reports on delivering NSIPs quickly

“Faster, more flexible, more certain, and better quality.” The National Infrastructure Commission today (18 April 2023) published its vision for a reformed consenting regime for nationally significant infrastructure projects…more

Community Development, Infrastructure, Regulatory Agenda, UK, Urban Planning & Development

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GDPR fines: German court specifies requirements for fine notices in light of ECJ case-law

Following the European Court of Justice’s (“ECJ”) landmark judgement of 5 December 2023 (case no. C-807/21), the Higher Regional Court of Berlin specified the requirements for GDPR fine notices issued by data protection…more

Cybersecurity, Data Protection, EU, EU Data Protection Laws, Fines

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FCA measures to help consumers with mortgages: considerations for securitisation transactions

Over the summer, the UK government announced that it had agreed a new Charter of support measures for mortgage holders with the FCA and the UK's principal mortgage lenders. Resultant changes to the FCA’s mortgages sourcebook…more

Consumer Financial Products, Financial Conduct Authority (FCA), Financial Regulatory Reform, Financial Services Industry, Loans

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FTC "resurrects" Penalty Offense Authority for unlawful endorsements and testimonials

The Federal Trade Commission (FTC) has notified businesses that it is “resurrecting” its Penalty Offense Authority, an enforcement tool that had not been used by the agency since the 1980s. The Penalty Offense Authority,…more

Endorsements, Enforcement Actions, Federal Trade Commission (FTC), FTC Act, FTC Endorsement Guidelines

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UK SFO launches Strategy 2024-2029

On 18 April 2024, the SFO announced that it had launched its Strategy 2024-2029, setting out its direction, values, approach and goals over the next five years. A bold, victims-centred approach The Strategy can be found here…more

Bribery, Corruption, Criminal Prosecution, Serious Fraud Office (SFO), UK

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The False Claims Act Guide: 2022 and the road ahead - Escobar in practice: surveying materiality across circuits

The Supreme Court’s 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar resolved a Circuit split regarding the implied certification theory as a basis for False Claims Act (FCA) liability. While the…more

False Claims Act (FCA), False Implied Certification Theory, Federal Pleading Requirements, Implied Certification, Materiality

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International Products Law Review

New Sustainable Batteries Regulation: Reflections from our Global Products Law team Following the closure of the European Commission’s recent consultation period, the European Parliament and Council are set to consider a…more

Consumer Product Safety Commission (CPSC), Importers, Manufacturers, Market Surveillance Regulation (MSR), Product Defects

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SEC proposes expansive climate-related disclosure rules - SEC Update

On March 21, in one of its most significant rulemakings in recent years, the Securities and Exchange Commission proposed rules that would require public companies to provide investors with extensive, consistent, and comparable…more

Climate Change, Comment Period, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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Building Safety Act: Remediation Order imposed on pension fund landlord

Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, has secured a remediation order requiring a pension fund landlord to carry out fire safety remediation works totalling £15 million under Section 123…more

Landlords, Rental Property, Residential Leases, Tenants, UK

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EU trade controls rules on the move – What you need to know on classification changes and the upcoming modernisation of the EU dual-use regime

The EU regime for controlling the exports from the EU of products and/or technology that can be used for both civil and military purposes (dual-use items) is now 10 years old. As a result of the changes in technology and…more

Dual Use Goods, EU, Export Controls, Exports, Foreign Trade Regulations

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U.S. Departments of Energy and the Treasury issue final EV credit rules under the IRA

Newly issued final EV tax credit rules largely stick to proposed rules with some flexibility on graphite through end of ’26, clarifications on FEOC definitions that could be significant. On May 3, 2024 the Department of the…more

Automotive Industry, Department of Energy (DOE), Electric Vehicles, Inflation Reduction Act (IRA), Tax Credits

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COVID-19: The country is opening up – what does this mean to your business?

It is over a year since the first UK-wide lockdown and, as time has passed, our understanding of the virus and familiarity with the safety measures it necessitates has increased.  But neither individuals or organisations can…more

Business Travel, Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Re-Opening Guidelines

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Key considerations in negotiating generative AI agreements

This article explores certain key differences that should be taken into consideration when negotiating for the use of generative AI software platforms, compared to more traditional software offerings. For the sake of providing…more

Algorithms, Artificial Intelligence, Machine Learning, SaaS, Software Developers

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Italy: Major changes to Intellectual Property Code come into force

Today, 23 August 2023, major revisions to the Italian Intellectual Property Code become effective. The changes are aimed at streamlining procedural aspects of registering and enforcing IP in a digital age and at strengthening IP…more

Intellectual Property Protection, Italy, Patents, Trademarks

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US Patents and the potential global monopoly effect for software

Earlier this summer, the Supreme Court held that the Patent Act’s damages provision, 35 U.S.C. 284, allowed a patent holder to recover foreign lost profits when patent infringement liability is based on 35 U.S.C. 271(f)(2)…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Competition, Domestic Injury, Extraterritoriality Rules

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Global Accountants' Liability Update – June 2022

Our global team of securities and professional liability lawyers at Hogan Lovells is uniquely positioned to monitor legal developments across the globe that impact accountants’ liability risk. We have experienced lawyers on five…more

Accountant Malpractice, Accountants, Accounting, Accounting Standards, Audits

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Real Estate Quarterly - Spring 2019

Hogan Lovells quarterly newsletter on legal topics relevant to the UK real estate industry. …more

Drones, Easements, Real Estate Investments, Real Estate Market, Residential Leases

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Doing business – Consumer sector (UPDATED)

Entering a new market can be a game changer for businesses in the consumer industry, but it can come with some significant legal risks. Consumer protection laws, supply chain issues, product regulation, data privacy issues,…more

Antitrust Provisions, Business Development, Business Formation, Business Pursuits, Doing Business

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New Connecticut rules for drug makers employing sales reps take effect Oct. 1

The state of Connecticut recently enacted HB6669, which requires registration of pharmaceutical manufacturers employing sales representatives who interact with health care professionals (HCPs) in Connecticut. The portions of the…more

Health Care Providers, Manufacturers, Pharmaceutical Industry, Prescription Drugs

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Virtuelle Beurkundung: GmbH-Gründung in Zukunft aus dem Homeoffice?

Crypto, Metaverse, NFT – das Leben wird immer virtueller und die fortschreitende Digitalisierung unserer Gesellschaft sorgt dafür, dass Arbeitsprozesse von einzelnen Personen und Unternehmen effizienter und nachhaltiger…more

Articles of Association, Board of Directors, Business Formation, Corporate Governance, EU

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Online platforms: New proposal impacting B2B relationships

Online platforms currently represent a fundamental element of digital commerce and the increasing use of intermediation services – such as online e-commerce market places..…more

B2B Organizations, Digital Single Market, E-Commerce, EU, Online Platforms

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Let’s talk about “Return Chains” - New Sustainability Requirements under the German Packaging Act

The new requirements under the German Packaging Act (Verpackungsgesetz, VerpackG) present a challenge and an opportunity for companies that have to re-design their operational processes to comply with the new requirements. If…more

Germany, Manufacturers, Popular, Product Packaging, Recycling

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The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come…more

Anti-Kickback Statute, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

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SFC concludes consultation on regulation of virtual asset trading platforms

On 23 May 2023, the Securities and Futures Commission (the "SFC") published conclusions (the "Consultation Conclusions") to its consultation launched in February 2023 on the proposed regulatory requirements for virtual asset…more

Digital Assets, Hong Kong, Hong Kong Securities and Futures Commission (HKSFC), Retail Investors

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New German restructuring law finally comes into force

As reported earlier, a new corporate restructuring law will be enacted in Germany. The new law's centerpiece will be the so-called stabilization and restructuring framework ("SRF")…more

Commercial Bankruptcy, Coronavirus/COVID-19, Debtors-in-Possession, EU, Germany

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No permission, no problem – Hong Kong securities regulator given green light to bring proceedings directly against overseas defendants

The Hong Kong Court of Final Appeal has held that the Securities and Futures Commission (SFC) can serve overseas defendants as of right, without needing the court’s permission, making it easier for the SFC to go after persons…more

Criminal Prosecution, Enforcement Actions, Hong Kong, Hong Kong Securities and Futures Commission (HKSFC), Securities Fraud

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FDA clinical trial diversity workshop reveals agency’s expectations for sponsors

On November 29 and 30, the U.S. Food and Drug Administration (FDA), in collaboration with the Clinical Trials Transformation Initiative, hosted a public workshop on ways to increase the enrollment of historically…more

Clinical Trials, Diversity, Draft Guidance, Food and Drug Administration (FDA), Life Sciences

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Transition soon to the EU Clinical Trials Regulation

Clinical trials in the European Union (EU) that were approved under the former EU Clinical Trials Directive (CTD) will soon need to transition to the current EU Clinical Trials Regulation (CTR). Sponsors and other impacted…more

Clinical Trials, EU, EU Directive, European Medicines Agency (EMA), Life Sciences

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Update on the new rules regarding the acquisition of paid leave

Our Employment team takes a brief look at the amendment which has been passed and which will reform the system for acquiring paid leave in the event of illness, following the French Supreme Court rulings of September 13, 2023…more

Employer Liability Issues, France, Paid Leave, Wage and Hour

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COVID-19 Report for Life Sciences and Health Care Companies

The COVID-19 Report is a compilation of coronavirus news, analysis, and insights from around the world to help life sciences and health care companies stay current in this challenging time. In this week's Report: FDA revokes…more

Centers for Disease Control and Prevention (CDC), Commercial Leases, Coronavirus/COVID-19, Emergency Use Authorization (EUA), Food and Drug Administration (FDA)

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TMT Horizons 2019

The dynamism of the Technology, Media and Telecoms sector is set to continue. Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving…more

5G Network, Antitrust Provisions, Artificial Intelligence, Big Data, Digital Media

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SEC Adota Novos Requisitos de Divulgação de Cibersegurança

A Comissão de Valores Mobiliários (SEC) recentemente promulgou regras finais relativas à divulgação de informações relacionadas à cibersegurança. Quando essas regras entrarem em vigor, as empresas emissoras estrangeiras privadas…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Reporting Requirements, Securities and Exchange Commission (SEC)

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Payment services versus e-money issuance: Court of Justice of EU clarifies regulatory border

A recent Court of Justice of the European Union (ECJ) judgment has considered where the boundary lies between regulated payment services and e-money issuance. Read on for a more detailed look at the reasoning of the ECJ in ‘ABC…more

Banking Sector, EU, Financial Services Industry, Payment Systems

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FCA, FRC, PRA and ESMA announce measures to alleviate impact on listed issuers and their auditors in response to COVID-19

27 March 2020: The Financial Conduct Authority (FCA), Financial Reporting Council (FRC), Prudential Regulation Authority (PRA) and the European Securities and Markets Authority (ESMA) have announced a series of actions to ensure…more

Capital Markets, Coronavirus/COVID-19, European Securities and Markets Authority (ESMA), Financial Conduct Authority (FCA), Financial Reporting

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Carve-out transactions must be clean cuts. But getting untangled can be easier said than done

Carve-out transactions will remain a popular option for chemical companies looking to shed non-core business activities in the face of numerous market challenges..…more

Carve Out Provisions, Chemicals, Contract Terms, Covered Transactions

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CES 2024: AI, Sustainability, Inclusivity and Living Technology

Our cross sector team enjoyed connecting with colleagues and friends at CES 2024 as well as taking a peek into the future. Our key takeaway: AI and sustainability were everywhere. AI applications and sustainability advances were…more

Artificial Intelligence, Automotive Industry, Aviation Industry, Popular, Supply Chain

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Aerospace & Defense Insights - Top cybersecurity developments for A&D companies

Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in…more

Aerospace, Cyber Attacks, Cybersecurity, Data Protection, Defense Sector

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Update zum Transparenzregister: Ende der letzten Übergangsfrist zum 31. Dezember 2022 und Neuigkeiten vom EuGH

Durch das Transparenzregister- und Finanzmarktinformationsgesetz (TraFinG) wurden im Zuge der Umwandlung des Transparenzregisters von einem Auffang- zu einem Vollregister Übergangsfristen für nun meldepflichtige Rechtseinheiten…more

EU, European Court of Justice (ECJ), Financial Institutions, Financial Markets, Financial Services Industry

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Repairing the supply chain The EU Directive on a right to repair

Now it’s adopted: the EU Directive on a right to repair. This is a game changer. It affects manufacturers and sellers alike, and provides new opportunities for repair service providers. Supply chains become repair chains:…more

EU, Greenhouse Gas Emissions, Manufacturers, Right to Repair, Sustainability

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New roads to Brussels - Commission revamps approach to Member State referrals

On 26 March 2021, the European Commission (“Commission”) has, without any public consultation, published its new guidance on accepting merger referrals from Member States under Article 22 of the European Merger Regulation…more

Anti-Competitive, Brussels Regulation, Competition, EU, EUMR

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STPS publica Programa de Verificación Laboral Voluntaria

La Secretaría de Trabajo y Previsión Social crea el Programa de Verificación Laboral Voluntaria para que los patrones declaren el nivel de cumplimiento de obligaciones laborales. El 1 de noviembre del 2021, la Secretaría de…more

Employer Liability Issues, Employment Policies, Health and Safety, International Labor Laws, Mexico

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ICO’s call to action for UK website cookie banners

The UK Information Commissioner’s Office (ICO) has recently published an update on its enforcement efforts in respect of website cookie compliance. It follows a letter the ICO sent in November 2023 to 53 of the top 100 UK…more

Cybersecurity, Data Protection, Data Security, General Data Protection Regulation (GDPR), Information Commissioner's Office (ICO)

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Negotiated settlements: New opportunities for Italian distressed businesses?

The conversion into statute on 23 October 2021 of the so-called Business Distress Bill adds new provisions to those recently adopted by the Italian government to address corporate distress following the COVID-19 pandemic, to…more

Coronavirus/COVID-19, Corporate Restructuring, Debt Restructuring, Economic Development, Economic Downturn

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Luxembourg is modernising its securitisation law (UPDATED)

The Luxembourg law on securitisation dated 22 March 2004 (the “Securitisation Law”) has been tremendously successful in providing a flexible and secure framework for Luxembourg securitisation vehicles (“SVs”), attracting a wide…more

Debt Instruments, EU, Financial Instruments, Investment Funds, Luxembourg

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Proyecto de reforma para facilitar el acceso al financiamiento bursátil

El pasado 19 de abril, fue presentado ante la Comisión de Hacienda y Crédito Público del Senado de la República, para su revisión y discusión  el proyecto de iniciativa de reforma a la Ley del Mercado de Valores (LMV)…more

Capital Markets, Corporate Issuers, Equity Markets, Institutional Investors, Investors

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Assisting you with understanding the landmark judgment in section 45 financial assistance

Section 45 of the Companies Act, 2008 , does not expressly define financial assistance but rather sets out a list of what financial assistance is which includes lending money, guaranteeing any debt or obligation, but has a…more

Financial Assistance Policies, Financial Solvency, Mergers, Shareholders, South Africa

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IVASS consults again to review the regulatory framework governing unit and index linked products

On 28 March 2024, IVASS launched a second public consultation on a draft regulation regarding unit and linked insurance products. The purpose of the draft regulation is to lay down the rules aimed at updating, in line with…more

Insurance Contracts, Insurance Industry, Insurance Regulations, Italy, IVASS

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Navigating intellectual property and cybersecurity challenges in the life sciences sector

In the ever-evolving fields of life sciences and health care, protecting intellectual property (IP) and trade secrets is more crucial than ever. Ruud van der Velden, partner in the Hogan Lovells Intellectual Property, Media, and…more

Cybersecurity, Intellectual Property Protection, Life Sciences, Patents, Trade Secrets

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International Product Liability Review - Issue 65

The International Product Liability Review provides quality updates and comment from around the world on legal developments in the field of product liability and product safety. …more

Animal Testing, Auto Insurance, Chain of Custody, Consumer Protection Act, Court of Justice of the European Union (CJEU)

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Scrutiny on health care professional transparency and inducement in the Netherlands

On 8 April 2024, the Dutch Minister of Medical Care sent a letter to Dutch Parliament (in Dutch: “Tweede Kamer”) regarding interactions between life sciences companies and health care professionals highlighting the need for…more

Health Care Providers, Hospitals, Life Sciences, Medical Devices, Netherlands

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Financial relations in the Dutch medical devices sector: investigations at hospitals and suppliers

On 21 September 2023, the Dutch Health and Youth Care Inspectorate (in Dutch: “Inspectie Gezondheidszorg en Jeugd”, IGJ) published a news report on financial relationships between physicians and medical device suppliers in the…more

Health Care Providers, Hospitals, Life Sciences, Medical Devices, Netherlands

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New Belgian rules on the renewal and termination of non-life insurance contracts

The Belgian legislator passed a law to simplify the termination of tacitly renewable non-life insurance contracts. Under the Belgian insurance law of 4 April 2014, non-life insurance contracts cannot be concluded for a term…more

Belgium, Insurance Industry, Life Insurance

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Asking the wrong questions: Consumer surveys may not save deficient labeling cases

Food labeling class actions brought on behalf of allegedly deceived consumers have become increasingly commonplace, especially in hotbed jurisdictions like California, New York, and Illinois. Labeling cases are, not unlike…more

False Advertising, Food Labeling, Food Manufacturers, Food Marketing, Misleading Impressions

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UK SFO launches Strategy 2024-2029

On 18 April 2024, the SFO announced that it had launched its Strategy 2024-2029, setting out its direction, values, approach and goals over the next five years. A bold, victims-centred approach The Strategy can be found here…more

Bribery, Corruption, Criminal Prosecution, Serious Fraud Office (SFO), UK

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EPA designates PFOA and PFOS as hazardous substances under CERCLA

The U.S. Environmental Protection Agency (EPA) has designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Les amendements au Règlement du CIRDI sont entrés en vigueur le 1er juillet 2022

Adopté par le Conseil administratif du CIRDI le 21 mars 2022, le nouveau Règlement du CIRDI (le « Règlement ») est entré en vigueur le 1er juillet 2022, avec l’objectif d’"une rationalisation des procédures pour permettre un…more

Arbitration, Commercial Arbitration, Dispute Resolution, Foreign Investment, ICSID

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El sector asegurador esquiva (parcialmente) el impacto de la CSDDD

El 14 de diciembre el Consejo Europeo y el Parlamento Europeo alcanzaron un acuerdo provisional (“Acuerdo Provisional”) sobre la Directiva de diligencia debida en materia de sostenibilidad (por sus siglas en inglés, “CSDDD”)…more

Due Diligence, Financial Services Industry, Insurance Industry, Spain, Sustainability

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COVID-19: Summary of National Payment Moratoria Measures in Europe (UPDATED)

Our note summarises key national payment moratoria measures and other reliefs related to the COVID-19 pandemic which have been introduced in various European countries and which are relevant in the context of structured finance…more

Coronavirus/COVID-19, Debt Relief, EU, European Banking Authority (EBA), Late Payments

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No monkey business – Recent FCPA probe into wildlife trafficking in Asia

An Indiana-based contract research organization for pharmaceutical testing is being investigated by the Securities and Exchange Commission (SEC) for potential violations of the Foreign Corrupt Practices Act (FCPA). The inquiry…more

Bribery, Corruption, Criminal Prosecution, Foreign Corrupt Practices Act (FCPA), Securities and Exchange Commission (SEC)

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Navigating intellectual property and cybersecurity challenges in the life sciences sector

In the ever-evolving fields of life sciences and health care, protecting intellectual property (IP) and trade secrets is more crucial than ever. Ruud van der Velden, partner in the Hogan Lovells Intellectual Property, Media, and…more

Cybersecurity, Intellectual Property Protection, Life Sciences, Patents, Trade Secrets

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Is the writing on the wall for the shareholder principle? Privilege update in Hong Kong

The concept of the “shareholder principle” in English law provides that a company cannot assert privilege against its own shareholders, unless the privileged documents in question were created for the dominant purpose of actual…more

Attorney-Client Privilege, Hong Kong, Legal Advice Privilege, Litigation Privilege, Shareholders

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UFK Garantie: Zentrales Förderinstrument für Rohstoffimporte und wichtiger Beitrag zur Energiewende?

Die Energiewende wird nur mit modernster Technologie gelingen; Technologie, die in vielen Fällen ohne bestimmte mineralische Rohstoffe nicht auskommt. Dies trifft zum Beispiel auf Batterien und die dafür notwendigen Rohstoffe…more

Batteries, Climate Change, Electricity, Energy Sector, Energy Storage

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Power solutions for mines in Sub-Saharan Africa – diesel generators, captive power plants and cross-border power trading

One of the key factors affecting the operation of mines in Africa is the availability of a reliable, uninterrupted supply of power. The importance of a stable power supply for mines is such that it is an integral part of…more

Africa, Energy Projects, Energy Sector, Power Plants

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Acquisition of businesses in financial difficulty as a result of COVID-19: Do buyers still need to wait for prior antitrust/competition clearance?

In the wake of the COVID-19 crisis, many companies will be facing significant financial difficulties for which the only viable solution to remain a going concern will be acquisition by another company. It is safe to predict that…more

Acquisition Agreements, Antitrust Provisions, Competition, Coronavirus/COVID-19, Corporate Sales Transactions

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Food Contact Materials : “Have your say” on the EU proposal to ban BPA

The European Commission recently put forward a draft proposal for a Regulation introducing a ban on the use of Bisphenol A (BPA) in food contact materials. As part of this legislative process, the European Commission has…more

EU, European Food Safety Authority (EFSA), Food Manufacturers, Food Safety, Food Supply

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Central Bank of Ireland issues Guidance on authorisation of PIs and EMIs and registration of AISPs

On 9 April 2024, the Central Bank of Ireland (the "CBI") issued guidance on the authorisation of payment institutions ("PIs") and Electronic Money Institutions ("EMIs") and the registration of account information service…more

Banking Sector, Banks, Central Bank of Ireland, Financial Institutions, Ireland

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FTC disputes new slate of Orange Book patents for weight loss, diabetes, asthma, and COPD drugs

On April 30, 2024, the Federal Trade Commission (FTC) announced that it sent a new set of warning letters to ten pharmaceutical companies. The letters inform the companies that the FTC has notified the Food and Drug…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), Life Sciences, Orange Book, Patents

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Making regulation invisible: Using RegTech to embed rules into workflow

Financial institutions are increasingly no stranger to innovative technology as a way to boost their efficiency while cutting costs. The use of RegTech (defined by the UK Chief Scientific Adviser as technology "applied to…more

EU, Financial Institutions, FinTech, Innovative Technology, MiFID II

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The new Italian Insolvency Code: a predicted revolution

The most innovative features of the new Insolvency Code include, among others: (i) the introduction of safeguard obligations aimed at detecting corporate distress and promoting the adoption of restructuring tools at an early…more

Commercial Bankruptcy, Corporate Restructuring, Creditors, Debt Restructuring, Insolvency

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Urban exploration: a trend that’s going through the roof

From abandoned tube stations and former WW2 bunkers to cranes and skyscrapers, it seems barely a week goes by without a news story (or Instagram post) appearing showing an urban explorer in an area once thought of as off-limits…more

Injunctions, Liability, Property Owners, Risk Mitigation, Social Media

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Nuevo criterio para asignación de Certificados de Energías Limpias correspondientes al 2022.

Se publica el Acuerdo No. A/007/2024 de la Comisión Reguladora de Energía por el que se establece el criterio para la asignación de Certificados de Energías Limpias disponibles en la cuenta de la Comisión, correspondientes al…more

Clean Energy, Energy Sector, Mexico, Renewable Energy

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Prepare for a legal assessment of your pension scheme this year

As announced, the bill on the future of pensions (wet Toekomst Pensioenen) will be submitted to the Dutch Parliament in autumn 2021. The bill is the elaboration of the Pension Agreement (Pensioenakkoord) between social partners…more

Employee Benefits, Netherlands, Pension Schemes, Pensions, Retirement Plan

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Hogan Lovells Represents Sears in Achieving First-Ever Modification to FTC Privacy Consent Order

The FTC has approved the first-ever petition to reopen and modify a privacy-related consent order. The petition, filed by Sears Holdings Management Corporation, sought to amend the terms of Sears’ 2009 consent order (the…more

Brick-and-Mortar Stores, Consent Order, Customer Information, Data Collection, Data Privacy

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COVID-19: Measures taken by financial supervisory authorities in certain jurisdictions - as at 15 May 2020

The current situation is fast-moving in light of the COVID-19 pandemic. Many financial supervisory and regulatory authorities as well as local governments have issued measures which are relevant for financial institutions and…more

BaFin, Basel Committee on Banking Supervision (BCBS), Capital Requirements, Coronavirus/COVID-19, European Banking Authority (EBA)

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AI deployment: German DPAs issue guidance on data protection compliance

On 6 May 2024, the German data protection authorities (“DPAs”) issued an extensive guidance paper on the GDPR compliant deployment of artificial intelligence (“AI”) applications. This article summarizes the key findings of the…more

Cybersecurity, Data Protection, Data Protection Authority, Germany, Personal Data

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Digital Transformation Notes | May 2024 (UPDATE)

Global cooperation on AI safety has clearly been the topic of the month – with the Seoul Declaration for Safe, Innovative, and Inclusive AI, as well as the OECD’s publication on universal concepts of AI and cybersecurity. The…more

Artificial Intelligence, EU, Innovative Technology, Machine Learning, Technology Sector

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Teil 2: Photovoltaik – Wissenswertes für den Eigentümer einer Gewerbeimmobilie

Dieser Beitrag befasst sich mit den Besonderheiten, auf die ein Eigentümer einer gewerblich genutzten Immobilie bei dem Betrieb einer Photovoltaikanlage achten muss, damit das Investment nicht nur ökologisch, sondern auch…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Electricity, Energy Projects

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Going into Labor: The European Commission’s newfound Interest in Antitrust and Labor Markets

In May 2024, the European Commission (“EC”) published a policy briefing on the application of European competition law to conduct related to labor markets, in particular no-poach and wage-fixing agreements. The EC’s paper will…more

Competition, EU, European Commission, Treaty on the Functioning of the European Union (TFEU), Wage-Fixing

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Digital Single Market: “DSM in 5 minutes” – Brochure

In this brand-new publication, our pan-European DSM Taskforce helps you plan for the changes by providing an overview of the Commission’s Digital Single Market strategy; what the key legislative measures will bring about and…more

Cloud Computing, Copyright, Corporate Counsel, Cybersecurity, Digital Communications

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Hogan Lovells represents Twitter in first ever “fake news” case

On 17 May a claim brought by Ms. Marie-Pierre Vieu (a European Deputy running for reelection) and Mr. Pierre Ouzoulias  (a French Senator), against Hogan Lovells client Twitter France SAS, was dismissed by the Paris Civil…more

Dismissals, Embedded Tweets, France, Internet, Social Media

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Power to the CMA – UK publishes flagship draft Digital Markets, Competition and Consumers Bill

On 25 April 2023, the Government published the long-anticipated draft Digital Markets, Competition and Consumers Bill (the Bill), consolidating the results of two consultations launched in July 2021. If enacted, the Bill will…more

Competition, Digital Marketplace, Digital Markets Strategy, Digital Platforms, EU

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Das Instrument H2Global und die Hydrogen Intermediary Company - Game Changer im race to market für Wasserstoff?

Bei der Beschaffung von grünem Wasserstoff geht die Bundesregierung einen neuen Weg – Investitionssicherheit über einen privaten Intermediär. Für Projektentwickler, -betreiber und Investoren ergeben sich Chancen und die Hoffnung…more

Clean Energy, Electricity, Energy Projects, Energy Sector, Energy Storage

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SEC proposes modernization of beneficial ownership reporting rules under Exchange Act Section 13

The SEC recently published its long-awaited proposal to amend Regulation 13D-G under the Exchange Act to modernize the SEC’s requirements for reporting beneficial ownership of securities. The SEC expects that the proposed…more

Beneficial Owner, Comment Period, Proposed Amendments, Publicly-Traded Companies, Reporting Requirements

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Odpisy amortyzacyjne w spółkach nieruchomościowych

Wraz z początkiem 2022 r. do ustawy o CIT wprowadzono przepisy ograniczające wysokość podatkowych odpisów amortyzacyjnych w spółkach nieruchomościowych. Zgodnie z art. 15 ust. 6 ustawy o CIT, odpisy amortyzacyjne dokonywane…more

Depreciation, EU, Poland, Real Estate Investments, Real Estate Market

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Coronavirus – Q&A and practical instruction for employers in Poland

This Sunday, March 8 2020 the Act on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases and emergencies caused by them (the " COVID-19 Act") entered into force…more

Best Practices, Business Continuity Plans, China, Coronavirus/COVID-19, Crisis Management

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Finance for Restorative Justice: Using sanctions and terrorist financing legislation to fund reparations for victims of sexual violence in conflict

The 2014 Global Summit to End Sexual Violence in Conflict was hosted by former Foreign Secretary William Hague and Angelina Jolie, Special Envoy for the United Nations ("UN") High Commissioner for Refugees. It was…more

Compensation, Counter-Terrorist, Crime Victims, Economic Sanctions, Enforcement Actions

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Offshore wind projects with Chinese suppliers: Topics you should think about

Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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UAE removed from the FATF's grey list

The Financial Action Task Force ("FATF") has announced that the UAE has been removed from its 'grey list' following substantial improvement in the stringency of its anti-money laundering ("AML") and combating the financing of…more

AML/CFT, Anti-Money Laundering, Financial Action Task Force, Financial Crimes, United Arab Emirates (UAE)

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Aerospace & Defense Insights I Biden Administration executive order on outbound investment screening

Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in…more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, Executive Orders, Foreign Investment, National Security

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HHS seeks comment by June 6 on recognized security practices as mitigating factor in HIPAA enforcement

The US Department of Health Human Services (HHS) is seeking public comments about the appropriate role of “recognized security practices” in enforcement of the HIPAA Security Rule. Congress, through an amendment to the HITECH…more

Cybersecurity, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HITECH Act

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Reform urged to facilitate payment & coverage of AI medical services in the U.S.

We recently hosted our 3rd annual AI Health Law & Policy Summit in Washington, DC where government and industry representatives joined members of the Hogan Lovells team to discuss new and emerging global health care AI policies…more

Artificial Intelligence, Health Care Providers, Hospitals, Medicare

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Commission investigation into termination of pipeline drug: what next for R&D decision-making?

The European Commission has opened a formal investigation into whether Zoetis, a US animal health company, has acted in breach of the abuse of dominance rules by terminating development of a pipeline drug: when does unilateral…more

Abuse of Dominance, Acquisitions, Anti-Competitive, Antitrust Provisions, Competition

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Combatting illegal pharma trade: Combatting black and grey markets for the pharmaceutical industry

Focus I: International black market trade - Among the industries that suffer most from black and grey market activities, the pharmaceutical sector sadly holds one of the top positions. The World Health Organization (WHO)…more

Black Market, Counterfeit Drugs, Grey Market, Infringement, Life Sciences

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FTC disputes new slate of Orange Book patents for weight loss, diabetes, asthma, and COPD drugs

On April 30, 2024, the Federal Trade Commission (FTC) announced that it sent a new set of warning letters to ten pharmaceutical companies. The letters inform the companies that the FTC has notified the Food and Drug…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), Life Sciences, Orange Book, Patents

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A Turning Point for Tech – Global survey on digital regulation

Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s…more

5G Network, Big Tech, Business Model, Competition, Copyright

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Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience to…more

Banking Sector, Blockchain, Cryptocurrency, Environmental Social & Governance (ESG), EU

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Open for business: China ignores 'background noise' and forges ahead with opening up its financial sector

After the China Banking and Insurance Regulatory Commission announced 12 measures to open up China’s banking and insurance industry in May, the Financial Stability and Development Committee under the State Council announced an…more

Bond Markets, China, China Securities Regulatory Commission (CSRC), Financial Institutions, Financial Markets

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BEIS publishes draft legislation to extend post-Brexit transitional arrangements for businesses

On 6 September 2022, a proposed negative statutory instrument relating to Brexit was published by the Department for Business, Energy & Industrial Strategy (“BEIS”): the Product Safety and Metrology (Amendment) Regulations 2022…more

BEIS, Manufacturers, Supply Chain, UK, UK Brexit

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John Warner: Building Global Bridges

Our firm derives its strength from its people. They make us who we are. They shape the way we are perceived. And, by finding common ground where others see difference, our people often help shape the world. Take…more

Economic Development, International Relations, Trump Administration

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FDA proposes clarification in long-running tussle over “intended use” rules for drugs and devices

On September 23, the U.S. Food and Drug Administration (FDA) published a proposed rule to modify its intended use regulations to clarify the types of evidence FDA will consider when determining the “intended use” of a medical…more

Biotechnology, Food and Drug Administration (FDA), Intended Use, Life Sciences, Manufacturers

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Key insights from the 2024 ABA White Collar Conference

The 2024 American Bar Association White Collar Crime conference delivered crucial insights from artificial intelligence’s tantalizing promise to its looming threats, a focus on individual accountability, repercussions for repeat…more

American Bar Association (ABA), CFTC, Corporate Crimes, Corporate Misconduct, Securities and Exchange Commission (SEC)

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UK MHRA Publishes AI Regulatory Strategy

On 30 April 2024, the UK Medicines and Healthcare Products Regulatory Agency (MHRA) published its strategic approach to AI and the steps it is taking to implement the UK Government's AI White Paper, published in August 2023…more

Artificial Intelligence, Medical Devices, Medicines and Healthcare Products Regulatory Agency (MHRA), UK

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UK 2030 - High Tech Heaven?

The UK's COVID vaccine programme has been a standout success combining effective public investment, proactive procurement and constructive regulation. Highlighting the power of the scale of the National Health Service, of a UK…more

Critical Infrastructure Sectors, Emerging Technologies, Investment Opportunities, UK, UK Brexit

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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New German restructuring law finally comes into force

As reported earlier, a new corporate restructuring law will be enacted in Germany. The new law's centerpiece will be the so-called stabilization and restructuring framework ("SRF")…more

Commercial Bankruptcy, Coronavirus/COVID-19, Debtors-in-Possession, EU, Germany

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BAG: Kein Mitbestimmungsrecht beim Verbot der Smartphone-Nutzung

Der Beschluss des BAG vom 17. Oktober 2023 (Az. 1 ABR 24/22) beendet den langwierigen Streit darum, ob der Betriebsrats bei dem Verbot der Smartphone-Nutzung während der Arbeitszeit mitzubestimmen hat. Mit der Entscheidung steht…more

Cell Phones, Employment Policies, Germany, Smartphones

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Wage Watchers in Brussels - European Commission focuses on agreements in the labour market

Antitrust authorities are increasingly focused on anticompetitive agreements in the labour markets. In a recent speech held in Rome on 22 October 2021 ("A New Era of Cartel Enforcement"), EU Competition Commissioner Margrethe…more

Anti-Competitive, Cartels, Competition, Department of Justice (DOJ), EU

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Öffentliche Übernahmen in Deutschland Newsletter 2023

Herzlich willkommen zur sechsten Ausgabe unseres Newsletters “Öffentliche Übernahmen in Deutschland”. Er gibt einen Marktüberblick über die im zurückliegenden Jahr 2022 in Deutschland nach dem Wertpapier- und Übernahmegesetz…more

Acquisitions, Capital Markets, Foreign Investment, Germany, Mergers

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The Energy Act of 2020 revitalizes and reforms the DOE Loan Guarantee Program

The US$900 billion COVID-19 relief bill signed into law in the waning days of 2020 includes the American Energy Act of 2020, a sweeping package of energy provisions that includes significant new government support for energy…more

Department of Energy (DOE), Energy Policy, Infrastructure, Investment, Loan Guaranties

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UK 2030 - High Tech Heaven?

The UK's COVID vaccine programme has been a standout success combining effective public investment, proactive procurement and constructive regulation. Highlighting the power of the scale of the National Health Service, of a UK…more

Critical Infrastructure Sectors, Emerging Technologies, Investment Opportunities, UK, UK Brexit

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Predicting the unpredictable: the coronavirus and its impact on the energy industry

On 30 January 2020, the World Health Organization declared COVID-19 to be a public health emergency of international concern…more

China, Coronavirus/COVID-19, Force Majeure Clause, France, Public Health

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OFAC issues interim final rule amending blocked property and other reporting requirements

The Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued an interim final rule set to take effect August 8, 2024, which amends the Reporting, Procedures, and Penalties Regulations (the “Regulations”)…more

Blocked Person, Economic Sanctions, Office of Foreign Assets Control (OFAC), Reporting Requirements, SDN List

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In China, foreign investment opportunities are there for the taking – if you’re prepared to seize them

In China, foreign investment opportunities are there for the taking – if you’re prepared to seize them By Jun Wei, Urszula Nartowska, and Stephanie Tang China’s chemical industry has been the world’s largest since 2011 – but as…more

Chemicals, China, Foreign Investment, Industrial Sector, Manufacturers

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GMCQ: Global Media, Technology and Communications Quarterly – Spring/Summer 2020

COVID-19 and IT service provider contracts: A checklist for force majeure events - The COVID-19 pandemic, and the various restrictions that have been implemented in response to it, are causing extraordinary business…more

China, Contract Terms, Coronavirus/COVID-19, Deep Fake, Force Majeure Clause

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Senate Passes Drug Pricing Legislation

On August 7, 2022, the Senate passed the proposed Inflation Reduction Act of 2022, which includes a number of significant drug pricing-related provisions.  The bill generally revives many of the drug pricing provisions proposed…more

Drug Pricing, Food and Drug Administration (FDA), Health Care Providers, Life Sciences, Medicare

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Remote workers and COVID-19 in the sports, media, and entertainment industries – Are new tax obligations on the horizon?

The coronavirus pandemic has forced most studios and many other production companies to accelerate the adoption of remote working. While the process of making creative decisions both before the shoot (such as casting, set, and…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Tax, Infectious Diseases, Remote Working

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COVID-19: Crisis-related exclusion of termination right on landlords takes effect

On April 1, 2020, an exemption from the landlord's termination right comes into force, which protects tenants against the loss of their apartment or commercial space in the event of late payment of the rent. However, this does…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, EU

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EU Class Action Update - Progress in France, Germany, Italy, the Netherlands, Poland and Spain

By 25 December 2022, all EU Member States were expected to have adopted and published, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2020/1828 on representative actions for the…more

Class Action, Collective Actions, Collective Redress, EU, Member State

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Precautionary allergen labelling, “free-from” claims and the establishment of thresholds

UK food businesses are required to declare the presence of any of the 14 main allergens if used intentionally as an ingredient or processing aid. However, they are not required to declare any unintentional presence of an…more

Food Allergies, Food Labeling, Food Manufacturers, Food Safety, Product Labels

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U.S. case may open new venue for investor-state disputes

On Jan. 17, a U.S. citizen brought a $110 million lawsuit in the U.S. District Court for the District of Columbia for damages caused by Curaçao and St. Maarten government actors. The basis for the suit, Ansary v. Central Bank of…more

Bilateral Investment Treaties, Foreign Sovereign Immunities Act of 1976 (FSIA), Foreign Sovereigns, International Court of Justice (ICJ), Sovereign Immunity

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New Release: Insurance Horizons Brochure 2021

The global pandemic brought a wave of changes and developments that have impacted, and continue to impact, the insurance sector. As we look ahead, we see further change on the horizon. Around the world, we continue to deal…more

Acquisitions, Business Interruption, Coronavirus/COVID-19, Corporate Governance, Environmental Social & Governance (ESG)

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Private equity funds, venture capital funds, hedge funds, and other investment funds receive carve-outs from expanded CFIUS jurisdiction

The Foreign Investment Risk Review Modernization Act (FIRRMA), included in the reconciled Conference Report of the FY19 National Defense Authorization Act, substantially expands the jurisdiction of the Committee on Foreign…more

Acquisitions, Amended Rules, Carve Out Provisions, CFIUS, Covered Transactions

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Clinical Trials Regulation: Transition your clinical trial now

On 31 January 2025 the Clinical Trials Regulation will become fully applicable to all ongoing clinical trials with medicinal products in the EU. All clinical trials that have been authorized under the Clinical Trials Directive…more

Clinical Trials, EU, European Commission, European Medicines Agency (EMA), Life Sciences

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Belgium temporarily bans the making available and use of rapid COVID-19 IVD self-tests

The Belgian competent authority (FAGG/AFMPS) has banned the supply and use of rapid diagnostic self-tests for the coronavirus (COVID-19) for six months. The purpose of the ban is to avoid misinterpretations of negative results…more

Belgium, Coronavirus/COVID-19, Diagnostic Tests, EU, Federal Bans

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ESG Market Alert - April 2024

In this month’s round-up of the latest developments in ESG for UK clients, we cover: Belgium: Pioneer protecting the planet; David v Goliath: ClientEarth v Shell and the growing need to consider nature related risks as part of…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Sustainability

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Bürgschaften auf erstes Anfordern in Hotel-Betreiberverträgen – Marktstandard, aber kein Ersatz für eine Barkaution

In Betreiberverträgen werden Sicherheiten überwiegend in Form von Höchstbetragsbürgschaften auf erstes Anfordern vereinbart. Dabei verpflichtet sich der Bürge, auf einfaches Verlangen des Eigentümers unter einstweiligem Verzicht…more

Coronavirus/COVID-19, Hospitality Industry, Hotels

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USTR calls for comments on continuation of China Section 301 tariffs

USTR announced that the actions arising from the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation would continue in light of hundreds of…more

China, Imports, Section 301, Tariffs, Trade Relations

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ORI proposes long-anticipated overhaul of research misconduct regulations - Implications for research institutions, higher education, and the future of research misconduct processes

Last week, the U.S. Department of Health and Human Services (HHS) Office of Research Integrity (ORI) made the announcement many academic institutions, legal professionals, and observers in the research community had long been…more

Department of Health and Human Services (HHS), Medical Research, Scientific Research

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Summary of principles from recent NEC cases

As a market leading construction team with extensive experience in the NEC suite, Hogan Lovells has prepared a summary of principles from recent case law on NEC that may impact upon the construction industry. …more

Construction Contracts, Construction Industry, Contract Terms, Hong Kong, New Engineering Contracts (NEC Contracts)

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TMT Horizons 2019

The dynamism of the Technology, Media and Telecoms sector is set to continue. Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving…more

5G Network, Antitrust Provisions, Artificial Intelligence, Big Data, Digital Media

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EDPB sees the glass half full on the EU-U.S. Data Privacy Framework

On the bumpy road towards a new adequacy decision for EU-U.S. data transfers, the European Data Protection Board (“EDPB”) has published its Opinion 5/2023 (“Opinion”) on the European Commission's (“Commission”) draft adequacy…more

Cybersecurity, Data Privacy, Data Protection, EU, EU-US Privacy Shield

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Carried interest: legal challenge to the UK tax treatment

Recent publicity around the UK taxation of carried interest may, in due course, make it more likely that a UK government would look again at the tax rules around carried interest…more

Capital Gains, Carried Interest, Carried Interest Tax Rates, HMRC, UK

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U.S. Justice Department seeks input on modernization of the FARA for the first time in 15 years

Following its efforts in recent years to enforce the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq. (FARA)) more rigorously and transparently, for the first time in nearly 15 years, the U.S. Department of Justice…more

Advanced Notice of Proposed Rulemaking (ANPRM), Comment Period, Department of Justice (DOJ), Foreign Agents, Foreign Agents Registration Act (FARA)

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Final NEPA rule and its consequences

On 16 July, the Council on Environmental Quality (CEQ) published its National Environmental Policy Act (NEPA) final rule, which largely shadows the proposed NEPA rule that was published in January of this year. As discussed in…more

CEQ, Environmental Policies, Infrastructure, NEPA, Regulatory Oversight

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Shorter and clearer - UK government publishes "fire and re-hire" Code of Practice

Changing employment terms by dismissing and re-engaging employees has become increasingly controversial. The government does not want to make so-called “fire and re-hire” illegal, but it also wants employers to view the practice…more

Employer Liability Issues, Hiring & Firing, International Labor Laws, UK, Unfair Dismissal

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UK CMA publishes AI Foundation Models update paper

The UK Competition and Markets Authority (“CMA”) has published an “Update Paper” outlining its evolving views on AI foundation models as well as its approach to supporting Government consideration on possible regulation. This…more

Algorithms, Artificial Intelligence, Competition, Competition Authorities, Merger Controls

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Fixed or floating? The English High Court considers the nature of security granted by Avanti

The administrators of Avanti Communications Limited (the “Company”) sought directions from the High Court as to whether purported fixed charges in favour of the secured lenders to the satellite operating business should be…more

Banking Sector, Financial Institutions, Financial Services Industry, Leveraged Finance

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U.S. Departments of Energy and the Treasury issue final EV credit rules under the IRA

Newly issued final EV tax credit rules largely stick to proposed rules with some flexibility on graphite through end of ’26, clarifications on FEOC definitions that could be significant. On May 3, 2024 the Department of the…more

Automotive Industry, Department of Energy (DOE), Electric Vehicles, Inflation Reduction Act (IRA), Tax Credits

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Natural bedfellows? How securitisation could benefit from blockchain

The securitisation market is already very familiar with the ability to convert illiquid assets into more tradeable products. Blockchain and tokenisation have the potential to disrupt familiar securitisation mechanics, if not…more

Artificial Intelligence, Blockchain, Cryptocurrency, Distributed Ledger Technology (DLT), Machine Learning

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European Parliament adopts CS3D: New ESG litigation risks in the supply chain

The EU is implementing new regulations to hold companies liable for human rights and environmental violations within the global supply chain. On 24 April 2024, the European Parliament passed the Corporate Sustainability Due…more

Damages, Human Rights, Supply Chain, Sustainability

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2021 securities, shareholder, and M&A litigation outlook - April 2021

One year ago, when we were finalizing our outlook for 2020, the world was in the early throes of the COVID-19 pandemic. While we anticipated that 2021 would bring many new challenges, few, if any, of us predicted at the time…more

Business Litigation, Coronavirus/COVID-19, Corporate Governance, Corporate Sales Transactions, Forum Selection

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Discover Your Boundaries – The European Commission's revised Market Definition Notice

The European Commission (“Commission”) has unveiled its eagerly anticipated revision of the Market Definition Notice (the “Notice”), a landmark event since its original issuance in 1997. This significant update reflects the…more

Environmental Social & Governance (ESG), EU, European Commission, Mergers, Sustainability

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International Products Law Review

New Sustainable Batteries Regulation: Reflections from our Global Products Law team Following the closure of the European Commission’s recent consultation period, the European Parliament and Council are set to consider a…more

Consumer Product Safety Commission (CPSC), Importers, Manufacturers, Market Surveillance Regulation (MSR), Product Defects

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Let’s talk about “Return Chains” - New Sustainability Requirements under the German Packaging Act

The new requirements under the German Packaging Act (Verpackungsgesetz, VerpackG) present a challenge and an opportunity for companies that have to re-design their operational processes to comply with the new requirements. If…more

Germany, Manufacturers, Popular, Product Packaging, Recycling

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Poland enacts new measures in response to COVID-19

This week new facilitations and limitations in connection with COVID-19 were introduced in Poland. They include the exemption from taxes on import and intracommunity purchase of selected goods and a new ban on the export of…more

Coronavirus/COVID-19, Countervailing Duties, Export Controls, Exports, Federal Bans

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HHS final rule requires HIPAA compliance changes for reproductive health care information

The HIPAA Privacy Rule has been modified by the US Department of Health and Human Services (HHS) to increase privacy protections for reproductive health care information. These changes, which will take effect in early 2026,…more

Data Privacy, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Reproductive Healthcare Issues

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The Biden Administration and State Attorneys General continue to take aim at eliminating “junk fees”

In his recent State of the Union address, President Biden echoed his administration's commitment to tackling "junk and hidden fees," defined as charges to consumers providing little to no value and preventing clear understanding…more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Fees, Hidden Fees

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Hogan Lovells CES 2023 Recap

In January, sector focused lawyers from Hogan Lovells travelled to Las Vegas to attend CES. Our team enjoyed seeing clients in person as well as seeing the latest products and trends, and we have compiled our experience and key…more

Electronic Devices, Electronics, Manufacturers, Non-Fungible Tokens (NFTs), Virtual Currency

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Lights flicker on for solar feed in tariffs in Vietnam

On 6 April 2020 the prime minister of Vietnam issued Decision 13 which sets out a new and long awaited feed-in-tariff regime for solar power projects in Vietnam to apply from 22 May 2020. …more

Clean Energy, Infrastructure, Power Grid, Renewable Energy, Solar Energy

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All in the family - Singapore consults on new AML controls as activity surges

A public consultation on a new regulatory framework for single family offices in Singapore closes on 30 September 2023. The proposed new framework will introduce qualifying criteria for class exemption from licensing under the…more

Anti-Money Laundering, Monetary Authority of Singapore, Securities and Futures Act (SFA), Singapore

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Data centres and ESG article series: what to look out for when building and investing in data centres in the UK in 2024

As part of the UK's ambition to become a Science and Tech superpower by 2030, the government has confirmed its commitment to help unlock opportunities for data driven businesses to scale up and to scale up fast. This scaling up…more

Data Centers, Environmental Social & Governance (ESG), Investment, Investors, Sustainability

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FDA under fire: Pared-down LDT Final Rule leaves unanswered questions

The U.S. Food and Drug Administration (FDA) has finalized its historic — and notoriously controversial — rule to explicitly assert the agency’s authority to regulate laboratory developed tests (LDTs). Below we summarize the most…more

Clinical Trials, Final Rules, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry

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THIS WEEK: ED hosts listening sessions on bundled services exception to incentive compensation rule

On March 8 and 9, the U.S. Department of Education (ED) will host virtual listening sessions to receive public comment on the incentive compensation rule. ED will accept written comments through March 16, per the Federal…more

Comment Period, Department of Education, Educational Institutions, Incentive Compensation, Public Comment

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UK passes Media Act 2024 with major changes to UK media regulation

In the rush of the “wash-up” process before the UK’s forthcoming General Election, the Media Act 2024 has completed the final legislative stages and became law on 24 May 2024. This major piece of legislation is the biggest…more

Broadcasting, Internet Streaming, Television Broadcast Stations, UK

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“Remanufacturing” or “Servicing”? New FDA guidance clarifies distinction for medical devices

On June 18, 2021, the U.S. Food and Drug Administration (FDA) issued the draft guidance “Remanufacturing of Medical Devices,” which aims to help clarify the point when manipulation or repair of a medical device becomes…more

Comment Period, Cybersecurity, Data Security, Draft Guidance, Food and Drug Administration (FDA)

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EU consumer credit legislation in the digital era: Council of EU adopts CCD II

The EU has adopted the final text of the Directive on consumer credits to revise and replace the Consumer Credit Directive (2008/48/EC) (CCD II). The next step will be publication in the Official Journal of the EU and then entry…more

Credit, EU, European Banking Authority (EBA), European Commission

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SBIC Program Updates: SBA Proposes Technical Amendments to 2023 Reforms and Significant Change to Passive Business Rule

In July 2023, the U.S. Small Business Administration (SBA) released sweeping reforms to the Small Business Investment Company (SBIC) program. Many of those reforms were enacted through the Small Business Investment Company…more

Debentures, Investment, Investors, Portfolio Companies, SBA

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CTA regulations set to take effect in January 2024 with obligations for some private fund sponsors

Effective January 1, 2024, new Treasury regulations under the Corporate Transparency Act (CTA) will require many U.S. entities and foreign entities doing business in the United States to report identifying beneficial owner…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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EU-Richtlinienvorschlag zur Harmonisierung des Insolvenzrechts

Nach der Implementierung des StaRUG-Verfahrens in 2021 zeichnet sich abermalig die Einführung eines neuen sanierungsrechtlichen Verfahrens ab. Auch wenn der europäische Gesetzgebungsprozess sich noch in einem frühen Stadium…more

Creditors, Debtors, Germany, Insolvency

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NFT at your service – English court grants service of proceedings by blockchain

For the first time, the English court has granted permission for service of proceedings to be effected by non-fungible token (NFT) on the blockchain. The option to serve by NFT may be vital for victims of cryptocurrency fraud in…more

Blockchain, Constructive Trusts, Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT)

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Providers & payers sign U.S. pledge to develop AI responsibly, as HHS finalizes Health IT rule

The U.S. Biden administration announced Thursday that 28 health care providers and payers have signed the White House’s voluntary commitment aimed at ensuring the safe development of artificial intelligence (AI), adding to the…more

Artificial Intelligence, Department of Health and Human Services (HHS), Health Care Providers, Health Technology

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Coronavirus & civil procedure – Emergency judicial relief in times of COVID-19 in Germany

Emergency and interim judicial relief has come sharply into focus amid the COVID-19 pandemic. Questions arise such as "Can the courts quickly provide support to maintain supply chains?", "How to conduct emergency proceedings in…more

Coronavirus/COVID-19, Germany, Procurement Guidelines, Relief Measures, Supply Chain

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Negotiating M&A transactions in the COVID-19 era: considerations for navigating new opportunities in uncertain waters

As businesses around the world continue to adapt to new day-to-day realities and challenges brought about by the COVID-19 pandemic, priorities necessarily shift to near-term concerns. Nevertheless, times of significant…more

Antitrust Provisions, Business Valuations, Contract Negotiations, Coronavirus/COVID-19, Due Diligence

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Cybercrime: Potentielle Strafbarkeitsrisiken für Geschäftsleiter wegen Unterstützung einer kriminellen Vereinigung im Falle einer Lösegeldzahlung bei Ransomware-Attacken

Die Bedrohungslage durch Cyberangriffe mittels Ransomware-Attacken hat sich zuletzt weiter verschärft. Angesichts der schwerwiegenden und kostenintensiven Auswirkungen solcher Attacken auf den laufenden Geschäftsbetrieb von…more

Criminal Investigations, Criminal Liability, Cyber Attacks, Cyber Crimes, Cybersecurity

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Greenwashing: publication of the directive on empowering consumers for the green transition

The EU is stepping up its fight against greenwashing and empowers consumers for the green transition with a new Directive on empowering consumers for the green transition through better protection against unfair practices and…more

Advertising, Environmental Claims, Green Marketing, Greenwashing, Marketing

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Neue Gestaltungsmöglichkeiten in Gläubigervereinbarungen Dank StaRUG - Reichweite und Grenzen aus Praktikersicht

Maßgeblicher Anwendungsbereich des StaRUG sind finanzielle Restrukturierungen. Eine Rolle dürfte dabei künftig die Regelung des § 2 Abs. 2 StaRUG spielen, die Eingriffe in bestimmte mehrseitige Rechtsverhältnisse sowie…more

Debt Restructuring, Financial Institutions, Intercreditor Agreements

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Second extension of the temporary measures allowing for virtual meetings of corporate bodies

The law of 20 June 2020 extended the measures concerning the holding of meetings in companies and other certain legal persons without the physical presence of the participants, initially provided for in the Grand Ducal…more

Coronavirus/COVID-19, Corporate Taxes, Infectious Diseases, International Tax Issues, Luxembourg

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Poland: New regulations on video-sharing platforms and other media service providers

The Polish parliament adopted an act implementing the Audiovisual Media Services Directive (Directive (EU) 2018/1808), which changes rules governing jurisdiction over media service providers, their information obligations,…more

Advertising, Audiovisual Media Services Directive (AVMSD), Broadcasting, New Regulations, On-Demand Services

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Southeast Asia – looking ahead into 2021

As we turn our attention to 2021, here at Hogan Lovells we are buoyed by prospects of a steadier economic climate for the year ahead. Many Southeast Asian countries have adopted a strict new norm in response to the COVID-19…more

Asia Pacific, Data Protection, Electricity, Foreign Investment, Free Trade Agreements

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Hong Kong court adjourns enforcement proceedings of Dutch arbitral award - Talking Point Asia – March 2022

The Hong Kong Court of First Instance has adjourned enforcement proceedings of a Netherlands Arbitration Institute award pending determination by the Dutch court on the application to set aside the award, but refused to order…more

Adjournment, Arbitration, Arbitration Awards, Dispute Resolution, Foreign Arbitral Awards

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COVID-19: Impact on M&A and corporate in Singapore

Overview of mergers and acquisitions (M&A) market in Singapore - Singapore was one of the first countries outside of China to encounter the virus. Whilst deal activity was down on the prior year, M&A transactions were still…more

Acquisition Agreements, Commercial Contracts, Construction Contracts, Contract Negotiations, Contract Terms

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The 3-D printing revolution: Opening the doors to new opportunities — and risks associated with IP infringement

As the use of 3-D printing has increased exponentially, so has its potential. Stella Wong, counsel focusing on patent litigation at our Hogan Lovells office in London, compares a 3-D printer to a sophisticated copying machine;…more

3D Printing, Infringement, Intellectual Property Protection, Pharmaceutical Industry

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Supreme Court skeptical of ALJs role in regulatory enforcement

The Supreme Court, in Securities Exchange Commission v. Jarkesy, is considering the constitutionality of using administrative law judges (ALJs) in securities fraud cases, potentially impacting federal agencies' ability to employ…more

Administrative Law Judge (ALJ), Environmental Protection Agency (EPA), OSHA, SEC v Jarkesy, Securities and Exchange Commission (SEC)

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10 key differences between the 2023 California, Virginia, and Colorado privacy laws

After the passage of the Colorado Privacy Act earlier this month, businesses that operate across the U.S. are now confronted with the challenge of developing privacy compliance programs for three new privacy laws by 2023 ..…more

Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Collection, Data Privacy

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UK MHRA publishes blueprint for the international recognition of medical devices

The UK Medicines and Healthcare products Regulatory Agency (MHRA's) has published a Statement of policy intent: international recognition of medical devices outlining its proposal for the International Recognition Procedure…more

Life Sciences, Medical Devices, Medicines and Healthcare Products Regulatory Agency (MHRA), UK

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UK Real Estate Horizons: how does the new Biodiversity Net Gain regime affect you? - Do you need to comply with the Biodiversity Net Gain requirement?

The new Biodiversity Net Gain regime comes into force in February 2024 and should be front of mind for those in the development industry. Our Planning team has prepared a Real Estate Horizons flowchart to help you to navigate…more

Biodiversity, Land Developers, Land Owners, UK

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All roads lead to Luxembourg – why the Grand Duchy matters to Asia Pacific private capital

Luxembourg is the largest centre for funds in the world outside the United States (U.S.). The country offers much for Australian PE investors. We look at what makes it so attractive…more

Asia Pacific, International Tax Issues, Investment Funds, Investment Management, Investors

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Changes in insurance regulation: Mainland China/Hong Kong/Singapore/Indonesia - January-June 2020

CBIRC issued newly revised Health Insurance Measures - On 31 October 2019, the China Banking and Insurance Regulatory Commission (CBIRC) promulgated the newlyrevised Administrative Measures for Health Insurance (Health…more

Asset Management, China, Commercial Insurance Policies, Consumer Insurance Products, Foreign Investment

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EU customs enforcement: EORI number now mandatory in new applications for action

The “Economic Operators Registration and Identification number” (EORI number), basically an ID number for customs purposes that is assigned by a customs authority to any businesses or people (economic operators) wishing to trade…more

Customs, EU, European Union Intellectual Property Office (EUIPO), Exports, Imports

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ELTIF 2.0 – Revolutionising the European Investment Market

On 10 January 2024, Regulation (EU) 2023/606 amending Regulation (EU) 2015/760 as regards the requirements pertaining to the investment policies and operating conditions of European long-term investment funds and the scope of…more

Asset Management, ELTIF, EU, Investment, Investment Funds

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Dispute resolution relief imminent for the African continent

On 21 April 2017, the International Arbitration Bill (the Bill) was tabled in the South African Parliament for discussion. The Bill is intended to incorporate the Model Law of the United Nations Commission on International Trade…more

Africa, Arbitration, Arbitration Agreements, Commercial Arbitration, Cross-Border Transactions

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Natural bedfellows? How securitisation could benefit from blockchain

The securitisation market is already very familiar with the ability to convert illiquid assets into more tradeable products. Blockchain and tokenisation have the potential to disrupt familiar securitisation mechanics, if not…more

Artificial Intelligence, Blockchain, Cryptocurrency, Distributed Ledger Technology (DLT), Machine Learning

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CISA issues autonomous ground vehicle cybersecurity guide

The Cybersecurity and Infrastructure Security Agency (CISA), an agency within the Department of Homeland Security, recently issued an Autonomous Ground Vehicle Security Guide (Guide). Because autonomous-vehicle (AV) pilot…more

Automation Systems, Cyber Attacks, Cybersecurity, Homeland Security Cybersecurity & Infrastructure Security Agency (CISA), Internet of Things

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The rights and obligations of Employers and Employees arising from the Act on Homeland Defence

The outbreak of war in Ukraine has become the catalyst for the adoption of the Act of 11 March 2022 on Homeland Defence which defines the rules for the implementation of the universal duty to defend the Homeland, arising from…more

Employer Liability Issues, Employment Contract, International Labor Laws, Military Service Members, Poland

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Key Takeaways from the BIS Innovation Summit 2024

The BIS Innovation Summit 2024, which took place over 6-8 May 2024, was in turns both an inspiring and surprising event. This article sets out a summary of the key takeaways from the summit…more

Blockchain, Digital Assets, Digital Currency, Financial Markets, FinTech

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Doing business – Consumer sector (UPDATED)

Entering a new market can be a game changer for businesses in the consumer industry, but it can come with some significant legal risks. Consumer protection laws, supply chain issues, product regulation, data privacy issues,…more

Antitrust Provisions, Business Development, Business Formation, Business Pursuits, Doing Business

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Staples on LP stake sales in secondaries

It is now no longer uncommon that as a condition to approving the transfer of a limited partner ("LP") interest in a private fund, the general partner ("GP") of such fund may seek a stapled primary commitment to its newest…more

Investment, Investors, Limited Partnerships, Private Funds

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Riding on the winds of change – Taiwan's next phase of development in the offshore wind market - Chinese version

At the recent Energy Taiwan forum in October 2020, Taiwan government representatives reiterated the government's ambitious targets for renewable energy and the plan to bring Taiwan's overall offshore wind capacity to…more

Clean Energy, Energy Policy, Energy Projects, Infrastructure, Offshore Wind

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2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

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Das neue Hinweisgeberschutzgesetz – Auswirkungen auf die Kartellrechtscompliance in Deutschland

Nach einem langen Gesetzgebungsverfahren ist am 2. Juli das Hinweisgeberschutzgesetz (HinSchG) in Deutschland in Kraft getreten. Damit setzt die Bundesrepublik (wenn auch verspätet) die EU-Whistleblower-Richtlinie um; Hogan…more

Antitrust Provisions, Antitrust Violations, Federal Cartel Office (the FCO), Germany, Whistleblower Protection Policies

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The Payments Newsletter including Digital Assets & Blockchain, May 2024

Key developments of interest over the last month include: the EU Parliament’s adoption of amended PSD3 and PSR texts; a Bank of England speech on payments innovation signalling more regulatory and infrastructure changes ahead;…more

Blockchain, Cryptocurrency, Digital Assets, Digital Currency, Popular

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Polska – wszystkie gwizdki gotowe!

Polska jest bliska przyjęcia przepisów o ochronie sygnalistów, czyli implementacji dyrektywy (UE) 2019/1937 z dnia 23 października 2019 r. w sprawie ochrony osób zgłaszających naruszenia prawa Unii. Projekt ustawy o ochronie…more

Data Protection, Employer Liability Issues, International Labor Laws, Poland, Retaliation

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The automotive recession won’t spare chemical companies

The automotive recession won’t spare chemical companies - Even before COVID-19 hit the U.S. and EU, traditional auto giants were, as the Wall Street Journal wrote back in February, “girding for tougher times” – battling drops…more

Automotive Industry, Chemicals, Coronavirus/COVID-19, Infectious Diseases, Layoffs

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Power up - Australia expands Capacity Investment Scheme in renewable energy push

Investors have welcomed the news that the Australian government is expanding its Capacity Investment Scheme (CIS), a scheme designed to encourage the shift away from reliance on coal and stimulate investment in renewable…more

Australia, Energy Projects, Energy Sector, Investors, Renewable Energy

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2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our…more

Advertising, Data Collection, Data Privacy, E-Commerce, Internet Retailers

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Virtual Asset Snapshot – Hong Kong

The Regulation of Virtual Assets in Hong Kong – nature, features and risk determine treatment Regulation of virtual assets (including cryptocurrencies) (“VA”) in the Hong Kong Special Administrative Region (“Hong Kong”) has been…more

Cryptoassets, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets, Enforcement Actions

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China update: Human Genetic Resources Administration Rules support HGR Implementing Rules

After years of waiting, China’s Ministry of Science and Technology (MOST) finally released the final version of the Implementing Rules on the Human Genetic Resources Administration Rules (Implementing Rules) on 1 June 2023, in…more

China, Clinical Trials, Genetic Materials, Life Sciences

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Standard Essential Patent Update – August 2019

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United…more

5G Network, Anticompetitive Behavior, Antitrust Provisions, Blackberry, China

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Hogan Lovells Living Mobility Spotlight Q&A series

What is Living Mobility? It is easier to say what it is not. The automotive industry is no longer focused on the traditional vehicle. Not only are the vehicles changing but we are now focused on mobility: different modes of…more

Automation Systems, Automotive Industry, Charging Stations, Connected Cars, Driverless Cars

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China reveals the Provisions on Unreliability Entity List

On 19 September 2020, China's Ministry of Commerce (MOFCOM) published the Provisions on the Unreliable Entity List (Order No.4 of 2020) (provisions), which immediately came into effect. It has been over one year since MOFCOM…more

China, Economic Sanctions, Export Controls, Extraterritoriality Rules, Foreign Entities

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Another first – Hong Kong court grants provisional liquidators permission to seek Mainland recognition

In another groundbreaking decision, the Hong Kong court in Re Ando Credit Ltd [2020] HKCFI 2775, has appointed provisional liquidators over a Hong Kong-incorporated investment manager for the express purpose of allowing the…more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Debtors, Foreign Jurisdictions

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USMCA's rapid-response labor mechanism

The United States-Mexico-Canada Trade Agreement (USMCA) is noteworthy for its novel “facility specific rapid response labor mechanism” (the Rapid Response Mechanism or Mechanism). The Mechanism permits the United States or…more

Canada, Collective Bargaining, Corporate Counsel, Cross-Border Transactions, Employee Rights

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China allows foreign-invested enterprises to make equity investments within China from the capital account: liberalization of the domestic M&A market beckons

Ever since China began opening up to the outside world, the right of foreign-invested enterprises ("FIEs") to make equity investments within the People's Republic of China (which for these purposes refers to Mainland China…more

Capital Contributions, China, Cross-Border Transactions, Equity Investors, Financial Institutions

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Update to biocompatibility policy for medical devices in contact with intact skin

The U.S. Food and Drug Administration (FDA) published an updated final guidance on the use of International Standard ISO 10993-1, “Biological evaluation of medical devices - Part 1: Evaluation and testing within a risk…more

Food and Drug Administration (FDA), Manufacturers, Medical Devices, Pharmaceutical Industry

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SGX Sustainable Fixed Income Initiative

The Singapore Stock Exchange (“SGX”) has recently launched the SGX Sustainable Fixed Income Initiative (“SFI Initiative”). The SFI Initiative aims to accredit wholesale and fixed income securities listed on the SGX that meet…more

Capital Markets, Corporate Issuers, Foreign Corporations, Investors, Listing Rules

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Recent Developments in the Australian Mining Sector (UPDATED)

There has been positive growth in the Australian mining sector and a number of recent developments since our last mining update. Despite the impacts of COVID-19, Australia’s mining sector has largely remained in a position of…more

Australia, Coronavirus/COVID-19, Energy Projects, Mineral Exploration, Mineral Extraction

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DOJ and FTC update Second Request guidance to address the use of ephemeral messaging applications

On January 26, 2024 the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) announced1 that the standard preservation letters and specifications for all voluntary access letters, second requests, and compulsory…more

Antitrust Division, Antitrust Investigations, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

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MOVE Sectors Newsletter | February 2024

Our quarterly MOVE newsletter provides you with the latest industry news, thought leadership, recent press highlights, updates on our global events, and other relevant hot topics highlighting mobility…more

Automotive Industry, Bribery, Corruption, Export Controls, Supply Chain

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UK recent developments in pensions webinar

On 21 June 2023, we held our recent developments in pensions webinar covering legal updates from the pensions industry from the recent months. Topics members of our team covered included: DB surplus (timestamp: 01.46 - 15.00)…more

Employee Benefits, Financial Conduct Authority (FCA), Pension Schemes, Pensions, The Pensions Regulator (TPR)

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Other Transaction Agreements: Where Does An Unsuccessful Bidder Go?

Recent Federal District Court Decision Highlights the Complexity of Jurisdictional Issues in Challenging Government Awards of Other Transaction Agreements…more

Administrative Procedure Act, Army, Bids, Competitive Bidding, Dispute Resolution Clauses

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Global Accountants' Liability Update – December 2021

Our global team of securities and professional liability lawyers at Hogan Lovells is uniquely positioned to monitor legal developments across the globe that impact accountants’ liability risk. We have experienced lawyers on five…more

Accountants, Accounting, Accounting Standards, Auditor Independence, Financial Reporting

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Key insights from the 2024 ABA White Collar Conference

The 2024 American Bar Association White Collar Crime conference delivered crucial insights from artificial intelligence’s tantalizing promise to its looming threats, a focus on individual accountability, repercussions for repeat…more

American Bar Association (ABA), CFTC, Corporate Crimes, Corporate Misconduct, Securities and Exchange Commission (SEC)

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FDA updates 2016 guidance on the collection of race and ethnicity data

The U.S. Food and Drug Administration (FDA) continues its efforts to include diverse participants in clinical research with a newly-published revision to its draft guidance document entitled, “Collection of Race and Ethnicity…more

Clinical Trials, Data Collection, Draft Guidance, Food and Drug Administration (FDA), Pharmaceutical Industry

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ESG Market Alert - April 2024

In this month’s round-up of the latest developments in ESG for UK clients, we cover: Belgium: Pioneer protecting the planet; David v Goliath: ClientEarth v Shell and the growing need to consider nature related risks as part of…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Sustainability

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Talking Point Asia – "You're on mute!" – top tips for when mediation goes virtual

Mediation has sometimes been described as a bit like marriage counselling. The mediator, like a counsellor, is there to listen to and facilitate discussions between the two parties in an attempt to identify common ground and…more

Arbitration, Arbitration Agreements, Asia Pacific, International Arbitration, Mediation

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The European Commission report on competition enforcement in the pharmaceutical sector

On 26 January 2024, the European Commission published a report on competition enforcement in the pharmaceutical sector, highlighting the role of EU competition law in safeguarding market participants and consumers, particularly…more

Competition, Competition Authorities, EU, European Commission, Mergers

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UK telecoms: Landlords take note: new process will accelerate broadband access for resi tenants

Amendments to the 2017 Electronic Communications Code have been introduced to reduce to six weeks the process by which network operators may get access to multi-let residential properties…more

Broadband, Electronic Communications, Infrastructure, Landlords, Municipal Broadband Providers

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SEC amends rules on financial reporting of business acquisitions and dispositions

The SEC recently adopted comprehensive amendments to its rules that govern financial statement requirements for acquisitions or dispositions of significant businesses or other assets. The rules specify the historical financial…more

Corporate Sales Transactions, Disclosure Requirements, Investment, Publicly-Traded Companies, Reporting Requirements

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Doręczenia elektroniczne (tzw. e-doręczenia)

Ustawa z dnia 18 listopada 2020 r. o doręczeniach elektronicznych („Ustawa”) wdraża krajowy system doręczeń elektronicznych oraz nakłada na przedsiębiorców wpisanych do Krajowego Rejestru Sądowego („KRS”) lub Centralnej…more

Corporate Governance, Entrepreneurs, Poland

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[Event] Winnik International Tech & Telecom Forum - November 18th, Washington, DC

Hogan Lovells is hosting the annual Winnik International Tech & Telecom Forum on Thursday, November 18, 2021. The hybrid program will offer candid insights from industry experts, senior in-house counsel, and government policy…more

Events, FCC, Internet Service Providers (ISPs), National Security, Online Platforms

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Life Sciences and Health Care Horizons - 2021

Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all –…more

Biotechnology, Clinical Trials, Coronavirus/COVID-19, Cybersecurity, Digital Health

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Leaping the legislative hurdles

[co-author: Shelley Castle] Democrats still have a significant number of must-pass bills and priority legislation to consider by the end of the year, with little time left on the congressional calendar to do so. Democratic…more

Biden Administration, Budget Reconciliation, Congressional Budget Resolution, Congressional Intent, Federal Budget

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The Italian Arbitration Law Turns Around: The 2022 Reform and International Arbitration

This post is aimed at illustrating the main features of the recently approved reform of the Italian arbitration law, implemented by means of Legislative Decree no. 149 of 10 October 2022 and applicable to proceedings started…more

Arbitration, Arbitration Agreements, Commercial Arbitration, Dispute Resolution, International Arbitration

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COVID-19: Summary of National Payment Moratoria Measures in Europe

The current situation is fast-moving. The information below reflects our understanding of payment moratoria measures and other reliefs related to the COVID-19 pandemic as at 9 June 2020. In many cases the legislation, guidance…more

Banks, Borrowers, Coronavirus/COVID-19, EU, European Banking Authority (EBA)

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New EU Battery Regulation – Additional challenges for companies

On 10 December 2020, the European Commission published a proposal for a new EU Regulation concerning batteries and waste batteries ("Battery Regulation"). The Battery Regulation is part of the European Green Deal and aims to…more

Batteries, EU, European Commission, Lithium Batteries, Manufacturers

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Crypto news: Italy launches two public consultations on draft decrees on MICAR and TFR

The Italian Ministry of Economy and Finance (MEF) opened two public consultations to receive feedback on the draft decrees adapting Italian rules to Regulation (EU) 2023/1114 on markets in crypto-assets (MiCAR) and Regulation…more

Cryptoassets, Cryptocurrency, Digital Assets, Italy

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FDA under fire: Pared-down LDT Final Rule leaves unanswered questions

The U.S. Food and Drug Administration (FDA) has finalized its historic — and notoriously controversial — rule to explicitly assert the agency’s authority to regulate laboratory developed tests (LDTs). Below we summarize the most…more

Clinical Trials, Final Rules, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry

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A clear link – extra territorial application of Australian Privacy Act explained

Earlier this year, the Administrative Appeals Tribunal handed down its decision in a matter between Clearview AI and the Australian privacy regulator, the Office of the Australian Information Commissioner. Crucially, this…more

Australia, Data Privacy, Office of Australian Information Commissioner (OAIC), Personal Information

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The False Claims Act Guide: 2022 and the road ahead - Supreme Court disappoints: circuits remain split in pleading requirements

Because qui tam claims sound in fraud, under precedent and Rule 9(b) of the Federal Rules of Civil Procedure, relators are required to plead their claims with a heightened degree of specificity that many, having limited access…more

False Claims Act (FCA), Federal Pleading Requirements, Materiality, Qui Tam, Relators

See all updates »

2024 Securities, Shareholder, and M&A Litigation Outlook

2023 was a busy year, with both the Delaware courts and others, including the U.S. Supreme Court, weighing in on shareholder and M&A litigation issues. The Delaware Court of Chancery issued several notable decisions on issues…more

Acquisitions, Board of Directors, Books & Records, Breach of Duty, Fiduciary Duty

See all updates »

Cutting red tape: China joins Apostille Convention, simplifying recognition of foreign documents

Today, the 1961 Hague Apostille Convention enters into force in China. The Convention aims to abolish the requirement of legalization of foreign official documents, replacing it with the issuance of a single apostille by one or…more

Apostille, China, Cross-Border Transactions, Hague Convention, International Litigation

See all updates »

China update: Human Genetic Resources Administration Rules support HGR Implementing Rules

After years of waiting, China’s Ministry of Science and Technology (MOST) finally released the final version of the Implementing Rules on the Human Genetic Resources Administration Rules (Implementing Rules) on 1 June 2023, in…more

China, Clinical Trials, Genetic Materials, Life Sciences

See all updates »

Germany in AU$660 million pitch for green hydrogen in Australia

The Australian government is reportedly discussing with Germany a German proposal to inject AU$660 million (€400 million) into a funding scheme to promote green hydrogen in Australia…more

Energy Projects, Energy Sector, Germany, Hydrogen Power, Renewable Energy

See all updates »

COVID-19 Report for Life Sciences and Health Care Companies (UPDATED)

The COVID-19 Report is a compilation of coronavirus news, analysis, and insights from around the world to help life sciences and health care companies stay current in this challenging time. …more

CDRH, Centers for Disease Control and Prevention (CDC), Emergency Use Authorization (EUA), Food and Drug Administration (FDA), Intended Use

See all updates »

CES 2024: AI, Sustainability, Inclusivity and Living Technology

Our cross sector team enjoyed connecting with colleagues and friends at CES 2024 as well as taking a peek into the future. Our key takeaway: AI and sustainability were everywhere. AI applications and sustainability advances were…more

Artificial Intelligence, Automotive Industry, Aviation Industry, Popular, Supply Chain

See all updates »

Offshore wind projects with Chinese suppliers: Topics you should think about

Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very…more

Energy Projects, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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Life Science Law Update – Key developments for pharma & device companies in EU

In this Q3/23 issue of our Life Science and Health Care Law Update, our teams highlight key trends across life sciences regulatory, corporate, compliance, competition, and privacy throughout the EU. We highlight the following…more

Artificial Intelligence, EU, Life Sciences, Machine Learning, Medical Devices

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Initiatives to amend various laws on administrative matters. There could be potential substantial changes to various regulations.

On March 28, 2023, President Andrés Manuel López Obrador introduced three initiatives to reform different laws to the Chamber of Deputies. The first initiative seeks to repeal, reform and add different provisions to…more

Administrative Proceedings, Aviation Industry, Mexico, National Security, Regulatory Reform

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Entfallen der Corona-Isolationspflicht und die Konsequenzen für Arbeitgeber

Mit Wirkung zum 16. November 2022 ist in Baden-Württemberg und Bayern als ersten Bundesländern die Isolationspflicht für Covid-19 Infizierte entfallen. Schleswig-Holstein, Hessen und Rheinland-Pfalz sind inzwischen gefolgt…more

Coronavirus/COVID-19, Employer Responsibilities, Infectious Diseases, Remote Working, Return-to-Work Agreements

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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