News & Analysis as of September 18, 2024

Class Action

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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 -

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

DLA Piper on 8/30/2024

Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

Class Actions Worldview - A Study of Trends Around the Globe: Part III—Australia, Germany, and France

Jones Day on 12/22/2023

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Representative Actions for Redress: A New Option Since 13 October 2023

A&O Shearman on 10/16/2023

The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law has entered into force on 13 October 2023....more

AI Legal News Summer Roundup: Edition 3

White & Case LLP on 8/10/2023

Welcome to the third edition of our AI Legal News Summer Roundup! After five class actions were filed between June 28 and July 11 (as reported on in our first edition of this series), on July 21, another class action lawsuit...more

Class Action Filings on the Rise in Europe, Especially in Product Liability Cases Ahead of Full Implementation of the EU’s...

Faegre Drinker Biddle & Reath LLP on 3/2/2023

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

Germany: Bill proposed to enable collective redress on behalf of consumers and small enterprises

Hogan Lovells on 10/28/2022

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

EuGH gibt Rückenwind für Datenschutz-Sammelklagen

Latham & Watkins LLP on 5/17/2022

Der EuGH hat Ende April die Klagebefugnisse von Verbraucherschutzverbänden gestärkt, weitere richtungsweisende Entscheidungen stehen bevor. Seit dem Inkrafttreten der europäischen Datenschutz-Grundverordnung (DSGVO)...more

An ever-closer jurisdiction? Cross-border consumer participation in EU class actions

Hogan Lovells on 10/11/2021

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

Collective Redress Set to Redefine Litigation Across Europe

Latham & Watkins LLP on 1/18/2021

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

The new EU representative action from a German perspective – not a sudden, but a gradual revolution

White & Case LLP on 12/16/2020

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

International Products Law Review 2020: Issue 76

Hogan Lovells on 1/13/2020

We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more

Doing Business in Germany: Consumer Sector

Hogan Lovells on 10/22/2019

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...more

Collective Redress in Europe: Comparing the European and German Framework

Jones Day on 5/9/2019

The Situation: In 2018, Germany introduced a model declaratory action giving qualified institutions the right to raise liability claims on behalf of groups of consumers in a representative action. Once the court has issued a...more

Implementation of Collective Redress Mechanisms Under German and EU Law–Are We Facing US-Style Class Actions in Europe?

WilmerHale on 12/10/2018

On November 1, 2018, a new German act implementing a “class action”-type procedure for consumers-related matters, the so-called model declaratory judgment action (Musterfeststel-lungsklage), came into force. So far, the...more

Your Daily Dose of Financial News

Robins Kaplan LLP on 12/5/2018

On second thought, Wall Street does have some questions about the specifics of the pause in the trade war that apparently emerged from the G-20 sidelines this weekend. And when Wall Street has questions—well, not a banner...more

Your Daily Dose of Financial News

Robins Kaplan LLP on 11/15/2018

Early reports suggested that although Teresa May’s cabinet wasn’t thrilled, it backed the PM’s Brexit plan, leaving the controversial deal to make its way to Parliament. But the resignation of two Cabinet members—including...more

Cos. Must Prepare For Collective Consumer Suits In Germany

Morrison & Foerster LLP on 8/6/2018

German consumers will be able to sue manufacturers and service providers by way of representative action starting on this November — just in time to suspend the statute of limitations for consumer claims based on the exhaust...more

Collective Actions in Europe: Another Small Step in Germany

Morrison & Foerster LLP on 7/12/2018

German consumers will be able to sue manufacturers and service providers by way of representative action starting on 1 November 2018 – just in time to suspend the statute of limitations of consumer claims based on the exhaust...more

Germany Introduces Class Actions for Consumer Claims

Jones Day on 7/5/2018

The Situation: The German Parliament has approved the Act on Model Declaratory Proceedings ("Act"), which introduces, for the first time, class action-style litigation for consumer claims. The Plan: The Act will give...more

A proposed EU-wide representative action may blur legal boundaries around collective actions

Hogan Lovells on 6/19/2018

The European Commission is proposing a directive that would repeal the existing Injunctions Directive and require European Union (EU) member states to introduce into their national laws representative actions for the...more

German Government Releases Draft Act on Class Actions in Germany

Jones Day on 5/15/2018

The Situation: As agreed in the Coalition Contract of the current German government, the Federal Ministry of Justice officially presented the Act on Model Declaratory Proceedings ("Draft Act") on May 9, 2018, after protracted...more

Your Daily Dose of Financial News

Robins Kaplan LLP on 10/24/2017

A federal jury in Brooklyn has found former HSBC Holdings exec Mark Johnson guilty on 9 counts of front-running that grew out of the DOJ’s investigation into forex manipulation at HSBC....more

Global Privacy & Cybersecurity Update Vol. 13

Jones Day on 3/15/2017

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

"Privacy & Cybersecurity Update - September 2016"

Skadden, Arps, Slate, Meagher & Flom LLP on 10/3/2016

In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more

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