News & Analysis as of September 18, 2024

European Union › Breach of Contract

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Breach it and weep: deemed fulfilment ain’t fictional

A&O Shearman on 7/15/2024

The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

An interest-ing question: when is a default interest rate a penalty?

A&O Shearman on 7/15/2024

The Court of Appeal has affirmed a three-step test for penalty clauses: (1) is it a secondary obligation; (2) does the clause protect a legitimate interest; and (3) is it extortionate by reference to the legitimate interest?...more

K&C Sports & Entertainment Law Weekly Roundup - March 2024 #2

Kaufman & Canoles on 3/13/2024

The Dartmouth men’s basketball team voted to unionize Tuesday in an unprecedented step toward forming the first labor union for college athletes and another blow to the NCAA’s deteriorating amateur business model....more

Deemed fulfilment is a legal fiction which is not part of English law

A&O Shearman on 1/10/2024

The High Court has ruled that English law does not recognise a doctrine that deems conditions precedent to a debt as having been fulfilled where the reason they have not been is the fault of the person that would owe the...more

Bank’s inability to establish identity of vessel owner results in inability to rely on sanctions clause

A&O Shearman on 11/30/2023

The Court of Appeal found a confirming bank to be in breach of contract by declining to make payment under a confirmation to a letter of credit on the basis that a sanctions prohibition applied....more

EU Personal Data Transfers Deadline: New SCCs must be put in place by December 27, 2022

Mintz - Privacy & Cybersecurity Viewpoints on 10/6/2022

Deadline to adopt EU Standard Contractual Clauses - Many organizations uses the European Union’s Standard Contractual Clauses (SCCs) to govern their transfers of personal data from the European Economic Area (EEA) to other...more

EuGH schließt die Anwendbarkeit der HOAI 2013 für "Altfälle" nicht aus

Hogan Lovells on 1/24/2022

Zusammenfassung des Urteils des EuGH vom 18. Januar 2022 in der Rechtssache C-261/20 zur Anwendbarkeit der HOAI für Verträge, die vor dem 31.12.2020 (sog. "Altfälle") abgeschlossen wurden, gegen die Mindestsätze verstoßen und...more

Corona virus as a force majeure event in hotel lease agreements

Hogan Lovells on 1/29/2021

Corona virus as a force majeure event in hotel lease agreements - Rent payment and business interruption insurance - Since the hotel industry is severely affected by the current situation due to the new corona virus...more

Sélection de jurisprudence - France / Second semestre 2020

Dechert LLP on 1/25/2021

Un employeur conclut une rupture conventionnelle avec une salariée après lui avoir adressé deux avertissements successifs. La salariée conteste par la suite cette rupture conventionnelle, en avançant que son consentement a...more

Selected case law - France / Second semester of 2020

Dechert LLP on 1/22/2021

An employer concluded an amicable termination with an employee after giving her two successive disciplinary warnings. The employee subsequently contested this amicable termination, arguing that her consent was invalid due to...more

European Court of Justice Invalidates EU-US Privacy Shield Framework

Kramer Levin Naftalis & Frankel LLP on 10/1/2020

This past July, a decision by the European Court of Justice (ECJ) struck down the European Union-United States Privacy Shield framework (EU-U.S. Privacy Shield), one mechanism through which companies could transfer personal...more

English Contracts under Stress in Times of Economic Disruption

Goodwin on 6/10/2020

The current economic, environmental and political outlook globally is perhaps the most uncertain it has been in decades. Against this backdrop, contracts are likely to be analysed and tested in ways unlike before. With this...more

COVID-19: How To Prepare for Potential Future Disputes

Skadden, Arps, Slate, Meagher & Flom LLP on 4/15/2020

Pandemic-Related Uncertainty Means Business Decisions Will Be Highly Scrutinized - As the COVID-19 pandemic continues to develop, guiding a business through this time of immense crisis means making decisions that gravely...more

COVID-19 and Cancellations of Sports Events: A Story of Force Majeure and the Search for Compensation

White & Case LLP on 4/2/2020

The sports sector is one of many hit hard by the COVID-19 outbreak and the measures taken by governments around the world to fight the spread of the virus. Competitions have been suspended and major events postponed or...more

2019 Year in Review: Securitization Litigation and Regulation

Cadwalader, Wickersham & Taft LLP on 1/30/2020

There were significant developments in 2019 as courts continued to issue important decisions in this space and significant legislation impacting the residential mortgage-backed securities (“RMBS”) market came into effect. A...more

Littler Global Guide - European Union - Q4 2019

Littler on 1/28/2020

EU Approves Directive on Whistleblowing and Internal Channels for Reporting - New Legislation Enacted - On October 23, 2019, the European Parliament approved the Directive of the European Parliament and of the Council...more

11th Circuit Decides Dispute on Kardashian’s Beauty Mark

Knobbe Martens on 6/7/2019

The Kardashian sisters were the celebrity endorsers for a cosmetic line previously called “Khroma Beauty” that was created and marketed by Boldface....more

Kardashians Walk - Trademark Licensee Has No Standing to Sue for Infringement

McDermott Will & Emery on 6/6/2019

The US Court of Appeals for the 11th Circuit held that an exclusive foreign licensee lacked standing to sue for trademark infringement in the United States and affirmed the district court’s grant of summary judgment. Kroma...more

Employment News: jurisdiction, constructive dismissal, whistleblowing

Hogan Lovells on 4/29/2019

Home or away – hearing claims against international defendants - Two recent cases, one in the CJEU and one in the EAT, found that courts and tribunals in Great Britain had jurisdiction in principle to hear claims against...more

European Licensee Lacked Sufficient Rights to Enforce Trademark Claim Against Kardashian Sisters

Dorsey & Whitney LLP on 4/11/2019

Can a licensee sue for trademark infringement under Section 43(a) of the Lanham Act? On April 1, 2019, the Eleventh Circuit issued its decision in Kroma Makeup EU, LLC v. Boldface Licensing + Branding, Inc. et al., and held...more

Not Everyone Finds Brexit Frustrating

Dechert LLP on 3/7/2019

The English High Court has ruled that Brexit cannot be used as a reason to terminate a contract on the grounds of frustration. While the judgment concerned the effects of Brexit on a commercial lease, it reaches further than...more

Frustrated by Brexit? Too high a hurdle to overcome for the EMA

White & Case LLP on 3/2/2019

One of the multitude of uncertainties currently facing commercial parties potentially affected by Brexit is the effect on their existing commercial contracts, specifically whether the new circumstances of Brexit provide a...more

"No deal" Brexit Plan of Action

White & Case LLP on 1/16/2019

As the approach of Brexit draws inexorably closer, the continued lack of certainty around what any Brexit withdrawal deal will look like, or indeed whether a deal will be agreed at all, is causing increasing concern among the...more

EU Retail News - November 2017

BCLP on 11/30/2017

From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more

Orrick's Financial Industry Week In Review

Orrick, Herrington & Sutcliffe LLP on 3/31/2017

Financial Industry Developments - SEC Adopts T+2 Settlement Cycle for Securities Transactions - On March 22, 2017, the Securities and Exchange Commission (SEC) adopted an amendment to Rule 15c6-1(a), shortening the...more

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European Union › Breach of Contract

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