In the context of asset recovery, a successful outcome largely depends on the ability of a claimant to garner sufficient disclosure of assets that are amenable to enforcement. This, in turn, explains why the powerful...more
7/8/2025
/ Asset Recovery ,
Corporate Structures ,
Criminal Prosecution ,
Debtors ,
Disclosure Requirements ,
Enforcement ,
France ,
Fraud ,
Injunctions ,
Injunctive Relief ,
Jurisdiction ,
Litigation Strategies ,
Norwich Orders ,
Rules of Civil Procedure ,
Switzerland ,
Third-Party ,
Tribunals ,
UK
The Civil Justice Council ("CJC") has published its final report, recommending that the UK government regulate litigation funding and pass legislation to enable funders to be remunerated by way of a percentage of any damages...more
On April 30, 2025, France enacted a new law aimed at aligning French law with EU law (known as the "DDADUE Law"), which, under Article 16, introduces a new class action regime fully in line with the EU Representative Actions...more
The Court of Justice of the European Union ("CJEU") recently issued an important ruling in the case of Società Italiana Lastre SpA (SIL) v. Agora SARL (C-537/23). The decision addresses the validity criteria of asymmetric...more
5/5/2025
/ Business Litigation ,
Choice-of-Law ,
Commercial Litigation ,
Contract Disputes ,
Contract Terms ,
Court of Justice of the European Union (CJEU) ,
Dispute Resolution ,
Enforcement Actions ,
EU ,
Jurisdiction ,
Litigation Strategies
The European Union's Directive 2024/1069 (the "Directive") aims to protect individuals and organizations engaged in public participation (such as NGOs, journalists and academics) from strategic lawsuits against public...more
4/4/2025
/ Anti-SLAPP ,
Damages ,
EU ,
EU Directive ,
International Litigation ,
Journalism ,
Journalists ,
Jurisdiction ,
Lis Pendens ,
Litigation Strategies ,
Member State ,
NGOs
Spain is moving forward with transposition of the EU Representative Actions Directive, aiming to unify rules and strengthen consumer protection....more
Getting a judgment or award does not automatically mean getting paid. Particularly where judgment or award debtors are in less familiar jurisdictions, there can be a strong incentive to delay or avoid payment. From the...more
Class action procedures vary greatly among jurisdictions. These differences include how developed the procedures are; the types of claims parties can bring; the parties that can represent classes; whether classes are...more
Dramatic changes to EU product liability rules are expected to drive an increase in litigation....more
12/2/2024
/ Artificial Intelligence ,
Corporate Counsel ,
EU ,
Manufacturers ,
New Regulations ,
Product Defects ,
Regulatory Reform ,
Regulatory Requirements ,
Software ,
Statute of Limitations ,
Strict Product Liability
In France, unlike for instance in the United States or United Kingdom, the scope of attorneyclient privilege is restricted to attorneys-at-law registered with a bar and acting independently (within an independent law firm or...more
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
The Situation: The French Supreme Court recently considered whether a limitation of liability clause could be enforced against a third party to a contract claiming compensation for a breach of contract that caused it damage....more
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
In Short -
The Situation: In 2020, a cruise ship in Australian waters, the Ruby Princess, experienced a COVID‑19 outbreak that resulted in an Australian class action. Part of the class were passengers subject to...more
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
12/22/2023
/ Article III ,
Australia ,
Class Action ,
EU ,
France ,
Germany ,
International Litigation ,
Jurisdiction ,
Settlement ,
Standing ,
UK
In Short -
The Situation: The EU Product Liability Directive 85/374/EEC ("PLD") was adopted nearly 40 years ago and has remained almost unchanged since its inception....more
11/13/2023
/ Burden of Proof ,
Damages ,
Distributors ,
EU ,
European Commission ,
Manufacturers ,
Medical Devices ,
Pharmaceutical Industry ,
Product Defects ,
Proposed Regulation ,
Regulatory Agenda ,
Retail Market ,
UK
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
Class actions have been a feature of the litigation landscape in the USA for decades. Claimant-friendly procedures combined with an aggressive and well-funded plaintiffs’ bar have created fertile ground for these large,...more
10/5/2023
/ Antitrust Violations ,
Class Action ,
Consumer Privacy Rights ,
Data Breach ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Services Industry ,
Labor Law Violations ,
Litigation Funding ,
Technology Sector ,
UK
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
For more than a decade, environmental groups have accused airlines of "greenwashing" or misrepresenting the sustainability of their business operations. Now these claims are gaining traction around the globe. These groups...more
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
8/9/2023
/ Article III ,
Class Action ,
Class Certification ,
Corporate Counsel ,
EU ,
Opt-In ,
Opt-Outs ,
Putative Class Actions ,
Remedies ,
Settlement ,
Settlement Agreements ,
Standing
On June 8, 2023, as part of the parliamentary debates on the so-called "Justice" bill, the French Senate voted on an amendment to the Law No. 71-1130 dated December 3, 1971, which aims to ensure confidentiality to certain...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
In Short -
The Situation: There has been uncertainty over the circumstances in which data subjects can claim compensation for "mere" infringement of their rights without specific evidence of harm. On May 4, 2023, the Court...more
In Short -
SPAC Deals: Special purpose acquisition companies ("SPACs") boomed in 2020 as a means of taking early-stage private companies public. Following enhanced scrutiny from the Securities and Exchange Commission and...more