On 15 November 2024, the Financial Conduct Authority (“FCA”) and Financial Ombudsman Service (“FOS”) jointly published a call for input (the “CFI”), seeking views on how the current regulatory redress framework can be...more
On 31 May 2024, a new Belgian law was published transposing the EU Collective Redress Directive into national law. The new Belgian law does not introduce an entirely new framework to allow so-called class actions as, unlike...more
This article is the first in a three-part series on collective claims and class actions in the EU and the US. As collective claims become more prevalent in the EU, companies offering platforms, products, and services in both...more
The fragmented priorities and pace of EU member states in adopting national laws following the EU’s enactment of the Representative Actions Directive—a universal minimum-standards legal framework for representative actions...more
The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law comes into force in October 2023. What does the redress action mean for the companies that could...more
For the first time consumers' "collective interests," as opposed to "subjective rights," are explicitly recognized and protected by an ad hoc tool, the Representative Action, which has made significant changes in the domestic...more
Consumer associations will be eligible to bring collective claims against companies for various forms of redress. The introduction of the collective redress action increases the risk that companies will have to expend...more
Under the timeline imposed by the EU’s Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, the EU’s 27 member states were required to...more
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
For many years now, the EU has sought to create a collective redress mechanism across the EU market. Half of the EU member states have little or no such mechanism....more
As we ring in the new year, it is time once again to reflect on some of the most significant legal developments for drug and device companies this year. The list below is by no means exhaustive (who could forget the Rule 702...more
A draft for a bill from the pen of the Federal Ministry of Justice, currently discussed interdepartmental, provides insight on how Germany plans to implement Directive (EU) 2020/1828 on representative actions for the...more
For more than twenty years, the European Union (EU) witnessed the development of collective redress mechanisms to address mass claims situations. To ensure the proper implementation of these mechanisms in the Member States,...more
In this sixth alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation titled the Directive of the European Parliament and of the Council on Representative Actions for...more
The highly anticipated UK Supreme Court decision in Lloyd v. Google has brought into focus (1) the operation of the United Kingdom’s collective redress regime brought under the civil procedure rules, particularly the...more
A bipartisan group of AGs, led by New York AG Letitia James, and the FTC reached a settlement with pharmaceutical company Vyera Pharmaceuticals (formerly known as Turing Pharmaceuticals) and its parent company (collectively...more
With Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (“the Representative Actions Directive”) in force and to be implemented by...more
In this third alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation entitled the Directive of the European Parliament and of the Council on Representative Actions...more
In this second alert in our series regarding the European Parliament’s formal endorsement of a new collective action legislation titled the “Directive (EU) 2020/1828 of the European Parliament and of the Council of 25...more
Italy - The class action “revolution” enters into force - The new class action bill (Law no. 31 of 12 April 2019) was passed in 2019 and – after a number of postponements – finally entered into force on 19 May 2021. Although...more
Today, Wednesday, May 19, 2021, the new rules governing expanded class action lawsuits in Italy entered into force. The new system applies to claims related to conducts put in place starting from today. ...more
The European Parliament formally endorsed the text of a new collective actions legislation, “Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on Representative Actions for the...more
The New Deal for Consumers which has entered into force aims to modernise and strengthen the enforcement of EU consumer law. In this article we have outlined the key pillars and initial steps to get ready for the New Deal for...more
Recent developments in the area of collective redress will redefine the litigation landscape in Germany and throughout Europe. Mass actions have been on the rise throughout Europe for some time. In 2020, the balance...more
It took longer than expected, although not primarily because of the COVID-19 pandemic. More than two years after the EU Commission submitted its first proposal, the Directive on representative actions was adopted by the...more