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In Europe, the regulation of pricing and reimbursement for medicinal products is primarily governed by national policies, as EU-level regulation is limited. Our latest brochure “Market Access in Europe: Navigating Pricing &… more
Drug Pricing, France, Germany, Italy, Netherlands
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Our 2025 Life Sciences and Health Care Horizons edition is now live! Explore the latest global insights from the U.S., Asia-Pacific, Europe, Latin America, and the Middle East on the key issues and emerging trends shaping the… more
Artificial Intelligence, Compliance, Data Privacy, Data Security, Digital Health
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
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
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
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
The EAA (i.e., Directive (EU) 2019/882) aims at improving the accessibility of certain products and/or services across the EU. It seeks to harmonize accessibility requirements, ensuring that people with disabilities can fully… more
Accessibility Rules, Disability, EU, EU Directive, Germany
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
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
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
On May 12, 2025, the House Ways & Means Committee released legislative text for a new code section 899 designed to impose retaliatory tax measures against unfair foreign taxes, including digital services taxes and the undertaxed… more
Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues, New Legislation
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)
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
On 18 June 2025, the German Federal Cabinet adopted a draft law to accelerate residential construction and secure housing (Schneller bauen mit dem Wohnungsbau-Turbo | Bundesregierung) in order to implement the 100-day target of… more
Affordable Housing, Building Codes, Construction Industry, Germany, Housing Market
As we say goodbye to 2024, can we also say farewell to the difficulties faced for the real estate development market? What does the future hold in getting “Britain building again”?… more
Affordable Housing, Construction Project, Housing Developers, Infrastructure, Real Estate Development
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
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
Energy and infrastructure projects often span decades, involve substantial capital investment, and operate in politically sensitive environments. One of the most significant challenges these projects face is political… more
Contract Terms, Energy Projects, Infrastructure, Insurance Industry, Investment
Green lease provisions are being added with increasing frequency in U.S. leases, especially in lease forms of larger and more sophisticated owners. For example, major owners of industrial spaces throughout the U.S. represented… more
Commercial Leases, Commercial Real Estate Market, Energy Efficiency, Environmental Policies, Landlords
The FCA has recently published the results of its multi-firm review of payments and e-money firms' risk management frameworks and wind-down plans. It once again highlights the need to develop frameworks and plans in-line with… more
Financial Conduct Authority (FCA), FinTech, Payment Systems, Regulatory Requirements, Risk Management
Welcome back to our Hogan Lovells Cross-border SEC spotlight: Key updates for non-U.S. companies, a dedicated resource for non-U.S. companies listed or exploring a listing in the United States. This newsletter is published… more
Disclosure Requirements, EDGAR, Foreign Corrupt Practices Act (FCPA), Foreign Private Issuers, Reporting Requirements
The U.S. Food and Drug Administration (FDA) today published more than 200 complete response letters (CRLs) issued between 2002 and 2024. FDA reports that it has only published CRLs sent to companies whose drug and biological… more
Biotechnology, Disclosure Requirements, Food and Drug Administration (FDA), Investors, Pharmaceutical Industry
Digital accessibility is a fundamental aspect of inclusive design, ensuring that digital products and services can be used by everyone, regardless of their abilities, health conditions, or impairments. Far beyond a compliance… more
Disability Discrimination, EU, UK, Website Accessibility, Websites
In our latest ESG update, Hannah Quarterman and Louise Cadman (with the help of ELTEMATE CRAIG) consider the impact of the second edition of RICS’ Whole Life Carbon Assessment, Sara Ahmed explains how the UK Real Estate team are… more
Environmental Social & Governance (ESG), Landlords, Leases, Real Estate Market, Sustainability
On July 28, 2025, a New York state appellate court ruled that Section 230 of the Communications Act of 1934 bars claims against online platforms based on user-generated content made accessible through the platforms' algorithms… more
Algorithms, Amicus Briefs, Appeals, Appellate Courts, Communications Act of 1934
FDA decided to rescind the LDT rule after declining to appeal a district court decision vacating it. The rule reflected FDA’s latest attempt to regulate LDTs under the same framework as IVDs, which FDA considers medical devices… more
Centers for Medicare & Medicaid Services (CMS), Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA), Laboratory Developed Tests
The United States Food and Drug Administration (“FDA”) recently issued a proposed rule to extend the compliance date for the final rule “Requirements for Additional Traceability Records for Certain Foods” (the “Traceability… more
Compliance Dates, Food and Drug Administration (FDA), Food Safety, Government Agencies, New Guidance
In September 2024, the Hogan Lovells Communication, Internet, and Media practice presented its annual Winnik International Tech and Telecoms Forum, highlighting common themes throughout the technology and telecommunications… more
Artificial Intelligence, Digital Services, Geopolitical Risks, National Security, Telecommunications
The below summary deals with the most relevant Luxembourg corporate and individual tax measures proposed in 2024, which cover, among others, the decrease of the corporate income tax rate, the introduction of a subscription tax… more
Corporate Taxes, Income Taxes, Luxembourg, Tax Planning, Tax Rates
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
The U.S. Food and Drug Administration (FDA) published the draft guidance “Protocol Deviations for Clinical Investigations of Drugs, Biological Products, and Devices,” which provides advice for sponsors, investigators, and… more
Clinical Trials, Data Management, Food and Drug Administration (FDA), Life Sciences, Medical Devices
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
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
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
Following its hosting of COP28 at the end of 2023, the UAE has taken a major step to combat climate change with its introduction of a Federal Law on the “Reduction of Climate Change Effects” which is set to take effect on 30 May… more
Carbon Emissions, Climate Change, Greenhouse Gas Emissions, Intended Nationally Determined Contributions (INDC), United Arab Emirates (UAE)
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
With effect from 19 September 2024, the FCA will no longer require London listed closed-ended investment funds to comply with the PRIIPs cost disclosure regime. Statements by the Government and the FCA have introduced… more
Disclosure Requirements, Financial Conduct Authority (FCA), HM Treasury, Investment Companies, MiFID
Since being announced in the King’s Speech on 17 July 2024, the UK Government has now introduced the Product Regulation and Metrology Bill with the Bill receiving its first reading in the House of Lords on 4 September 2024… more
Consumer Product Companies, EU, Supply Chain, UK
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
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
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
The Insolvency Service (IS) has set out a bold five-year vision to become the UK's lead enforcement body for corporate and insolvency standards in its investigation and enforcement strategy paper for the period 2026–2031,… more
Anti-Money Laundering, Companies Act, Corporate Governance, Enforcement, Financial Crimes
When initially proposing the reform of the Union Customs Code (UCC), the EU Commission had planned for an extensive implementation period, suggesting that the use of the EU Customs Data Hub as one of the key pillars of the… more
Customs, Data Protection, E-Commerce, EU, Imports
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
New horizons for non Saudi property ownership in the Kingdom of Saudi Arabia (KSA): Saudi Arabia's new Real Estate Law enables foreign direct investment, broadens eligibility, and marks a major step toward Vision 2030… more
Foreign Direct Investment, Foreign Investment, New Legislation, New Regulations, Property Ownership
The Food and Drug Administration (FDA) published its final guidance for industry entitled “Conducting Remote Regulatory Assessments – Questions and Answers” on June 26, 2025. Initially published in draft format in July 2022 with… more
Food and Drug Administration (FDA), Food Safety, Medical Devices, New Guidance, Regulatory Oversight
The secondaries market continues to mature and evolve, offering limited partners (“LPs”) an essential tool for portfolio rebalancing, liquidity management and strategic realignment. However, the introduction of the U.S. outbound… more
Biden Administration, China, Due Diligence, Foreign Investment, Investment Funds
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
President Donald J. Trump on Tuesday issued a sweeping Executive Order (the Order), entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which impacts Federal contractors and grantees as well as other… more
Affirmative Action, Anti-Discrimination Policies, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination
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)
On 28 October 2024, the U.S. Department of the Treasury (Treasury) issued the Provisions Pertaining to U.S. Investments in Certain National Security Technologies and Products in Countries of Concern (Final Rule) implementing the… more
China, Foreign Investment, Investment, National Security, Popular
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
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
The U.S. Department of Health and Human Services Office of Inspector General (OIG) issued two unfavorable decisions in Advisory Opinions (AOs) 25-04 and 25-08 (the “Opinions”), finding that some service fees paid by… more
Anti-Kickback Statute, Fees, Fraud and Abuse, Health Care Providers, Manufacturers
In diesem Beitrag widmen wir uns fünf zentralen Streitpunkten, die in Joint Ventures immer wieder zu beobachten sind. Dies umfasst die Entfernung eines unliebsamen Partners, die Übernahme der Kontrolle innerhalb des Joint… more
Board of Directors, Germany, Joint Venture, Shareholder Meetings, Shareholders
La Agencia Nacional de Seguridad Industrial y de Protección al Medio Ambiente del Sector Hidrocarburos (“ASEA”) publicó en el Diario Oficial de la Federación el Acuerdo que afecta las regulaciones de seguros para quienes… more
ASEA, Insurance Industry, Liability Insurance, Mexico
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
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
Pharma: Launch of Shortages Monitoring Platform, several Changes re Clinical Trial Management in EU Countries; Devices: Resolution on the need to revise the MDR and IVDR published; Compliance: CSRD still not implemented in… more
Artificial Intelligence, Clinical Trials, Competition, Cybersecurity, Data Privacy
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
Pharma: Reform of the EU Pharmaceutical Legislation; German Medical Research Act enacted fostering R&D also including confidentiality of drug prices; France adopts standard CTA clauses; UK easing clinical trials; Devices:… more
Clinical Trials, Competition, Corporate Governance, Data Privacy, EU
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
The RUPTL carries significant strategic implications and offers substantial opportunities for investment. As Indonesia advances its energy transition, the RUPTL will play a pivotal role in shaping the future of its national… more
Energy Policy, Energy Projects, Energy Sector, Environmental Policies, Fossil Fuel
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
The return of Donald Trump to the U.S. presidency presents a complex mix of challenges and opportunities for Latin America. Businesses must navigate a landscape characterized by shifting trade policies, geopolitical tensions,… more
Donald Trump, Geopolitical Risks, Tariffs, Trade Relations, Trump Administration
The Securities and Exchange Commission has issued a no-action relief letter regarding paragraph (a)(3)(iii) of Rule 192 under the Securities Act of 1933, as amended. Rule 192, finalized in January 2024, implements Section 621 of… more
Asset-Backed Securities, Conflicts of Interest, Dodd-Frank, Internal Controls, No-Action Letters
Class Action Regime Modern class action litigation began with the United States’ 1966 adoption of amendments to the Federal Rules of Civil Procedure which more efficiently allowed for claims to be pursued, in appropriate… more
CAFA, Class Action, Class Certification, Declaratory Relief, FRCP 23
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
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
On May 23, 2024, the NCAA and the five autonomy conferences — known colloquially as the “Power Five” — agreed to terms for a $2.78 billion settlement to resolve three lawsuits in federal court: House v. NCAA, Hubbard v. NCAA and… more
College Athletes, Colleges, Educational Institutions, Name and Likeness, NCAA
In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court… more
Arbitration, Corporate Counsel, Cross-Border, Discovery, Enforcement Actions
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
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
On 28 November 2024, we gathered around 150 participants to discuss the future of AI and tech companies in Europe. Led by partner and Head of C&F Germany, Dr Nikolas Zirngibl, the event brought together key figures from the… more
Artificial Intelligence, Innovative Technology, Machine Learning, Technology Sector
On the 13 January 2025, the UK Government endorsed a new and potentially transformative AI Opportunities Action Plan. The announcement makes clear an ambition to invest in, and promote, AI development by the private sector to… more
Artificial Intelligence, Data Collection, Data Protection, Data Security, Machine Learning
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
During the last decade, the shape and source of capital flows and investment have fundamentally shifted. Private capital continues to flow into all asset classes including real estate, infrastructure, private credit, and private… more
Asset Management, Capital Markets, Income Taxes, Investment, Investment Funds
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
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
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
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
Paris has been a leading arbitration hub for decades and French Arbitration law has had a great influence in the development of international arbitration around the world. On 20 March 2025, a working group chaired by Professor… more
Arbitration Agreements, Arbitration Awards, Arbitrators, Dispute Resolution, France
Thailand's Digital Government Development Agency (“DGA”) has published two sets of draft public sector-targeted guidelines intended to steer government agencies towards implementing cloud technologies and data classification… more
Asia, Cloud Computing, Cloud Service Providers (CSPs), Data Management, Data Security
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
In this space we regularly note the significant impact of government policy on the automotive industry. Laws and regulations are, after all, government policy. As technology and political contexts change, one expects the laws… more
Automotive Industry, China, Electric Vehicles, Foreign Policy, Geopolitical Risks
As we enter 2025, updates to labor law bring important changes that companies must address to ensure compliance and optimize their operations. Below is a practical guide to help organizations understand and implement these… more
Employee Benefits, Employment Contract, Employment Policies, Labor Reform, Misclassification
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
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)
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
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
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
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
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
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
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
The European Commission unveiled in May the fourth Omnibus package (“Omnibus IV”), part of its broader Single Market Strategy to modernise and simplify EU product legislation in line with the digital age. Omnibus IV aims to… more
Due Diligence, EU, European Commission, Innovative Technology, Labeling
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
Corporate Taxes, Foreign Corporations, Income Taxes, International Tax Issues, Tax Planning
Key developments of interest over the last month include: the UK Chancellor of the Exchequer makes her first Mansion House speech and HM Treasury publishes the National Payments Vision, indicating a focus on economic growth and… more
Anti-Money Laundering, Banking Sector, Blockchain, Cryptoassets, Digital Assets
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
Washington and Colorado recently passed laws that require parties that file premerger filings pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) and meet certain state-specific thresholds to… more
Colorado, Filing Requirements, Hart-Scott-Rodino Act, New Legislation, Penalties
In our latest ESG update, Hannah Quarterman and Rosie Shields examine the potential introduction of the Nature Restoration Fund as part of the Planning and Infrastructure Bill, Ben Willis explores the inclusion of green lease… more
Commercial Leases, Commercial Real Estate Market, Energy Efficiency, Environmental Social & Governance (ESG), Landlords
On 15 April 2025, the Dutch Data Protection Authority (DPA) issued warnings to 50 organisations, including online retailers, media companies, and insurers, for deploying misleading cookie banners or unlawfully placing tracking… more
Consent, Cookies, Data Protection, Enforcement Actions, General Data Protection Regulation (GDPR)
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
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
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
There have been more changes to the National Environmental Policy Act (“NEPA”) and its implementing regulations in the past nine months than perhaps at any point since NEPA was signed into law by President Nixon on January 1,… more
CEQ, Department of Agriculture, Department of Defense (DOD), Department of Energy (DOE), Department of the Interior
HMRC have announced a change to VAT policy to allow employers of defined benefit pension scheme to recover up to 100% of VAT on pension scheme investment costs. Employers and pension scheme trustees may need to consider… more
Defined Benefit Plans, HMRC, Investment, New Guidance, New Legislation
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
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
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
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
Robust immigration enforcement was a consistent theme that the Republican party sounded during the presidential campaign. Since taking office, the second Trump administration has surged into action with remarkable speed,… more
Department of Homeland Security (DHS), Department of Justice (DOJ), Employment Policies, Enforcement Actions, Foreign Workers
The Chancellor of the Exchequer has delivered her second Mansion House speech and announced the “Leeds Reforms” in conjunction with publication of the awaited Financial Services Growth and Competitiveness Strategy and related… more
Asset Management, Banking Sector, Capital Markets, Financial Regulatory Reform, Financial Services Industry
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
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
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
On January 13, 2025, during the National Retail Federation’s “Big Show,” in-house attorneys from a variety of leading retailers gathered in the General Counsel's Forum to discuss key legal issues impacting the retail industry… more
Artificial Intelligence, Compliance, Cybersecurity, Data Privacy, Data Protection
The Spanish Government has published the Preliminary Draft Act for the proper use and governance of Artificial Intelligence (the "Draft Act"), which aims to complement and develop the framework set out by the AI Regulation. In… more
Artificial Intelligence, Data Privacy, Data Protection, Enforcement Actions, EU
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
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
La Suprema Corte de Justicia de la Nación se ha pronunciado en determinar la inconstitucionalidad e inconvencionalidad de la figura de estado de interdicción (sentencia dictada en el amparo directo 4/2021). En esa línea, de… more
Disability, Human Rights, Mexico
The use of artificial intelligence (“AI”) offers companies a wide range of opportunities for increasing efficiency and innovation. It has become an integral part of everyday business operations. The dynamic technological… more
Artificial Intelligence, Competition, Criminal Liability, Securities and Exchange Commission (SEC)
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
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)
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)
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)
On the day he was sworn in, June 11, 2025, Civil Division Assistant Attorney General (AAG) Brett Shumate took the unusual step of issuing a memorandum to all employees of the Department of Justice (DOJ) Civil Division – most of… more
Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions, Enforcement Priorities
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
To represent a client before Court in respect of a potential trademark infringement matter, do you require a Power of Attorney – and if so, what are the execution formalities required by your courts? No. A specific power of… more
Lanham Act, Likelihood of Confusion, Trademark Infringement, Trademark Litigation, Trademark Ownership
There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and… more
Acquisitions, Algorithms, Antitrust Division, Antitrust Provisions, Artificial Intelligence
On June 12, 2025, Maine Governor Janet Mills signed into law “An Act to Ensure Transparency in Consumer Transactions Involving Artificial Intelligence,” which will impose transparency requirements on the use of artificial… more
Artificial Intelligence, Disclosure Requirements, New Legislation, New York, Proposed Legislation
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
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
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
On July 7, 2025, the U.S. Small Business Administration (SBA) issued a notice of proposed rulemaking related to SBIC Applicants and Licensees. The proposed rulemaking is open for comment until September 5, 2025. A summary of the… more
Comment Period, Investment, Investment Funds, Popular, Proposed Amendments
On 19 June 2025, CNIL published two additional “how-to-sheets” on artificial intelligence, one on legitimate interest and the other on the collection of data via web scraping. These documents aim to clarify the rules applicable… more
Artificial Intelligence, CNIL, Data Privacy, Data Protection, Personal Data
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
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
The Supreme Court’s landmark decision in Harrington v. Purdue Pharma L.P. – holding that the Bankruptcy Code does not authorize the release of third-party claims against non-debtors in a reorganization plan without the consent… more
Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Harrington v Purdue Pharma L P
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
Since his inauguration in January, President Trump has signed multiple executive orders addressing diversity, equity, and inclusion (DEI) policies across the country. These actions have significant implications, including for… more
Affirmative Action, Diversity and Inclusion Standards (D&I), Educational Institutions, Employment Discrimination, Environmental Social & Governance (ESG)
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
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
Last week, the Federal Elections Commission (FEC) announced updated contribution limits for the 2025–2026 election cycle. The updated “per-election, per-candidate” contribution limits are effective from November 6, 2024 to… more
Campaign Finance Reform, Campaign Spending Limits, Federal Election Commission (FEC), Political Campaigns, Political Candidates
Italy’s Draft AI Bill has faced scrutiny from the European Commission, which urged alignment with the AI Act to avoid conflicting provisions. The Draft AI Bill proposes measures such as a dedicated AI authority, stricter… more
Artificial Intelligence, Innovative Technology, Italy, Machine Learning, Technology Sector
Two recent Dutch rulings highlight the risks of combining the use of both alcohol and drugs under one set of rules and stress the need for clear distinctions. Alcohol and drugs are often covered by one policy, yet treated very… more
Drug Testing, Employee Rights, Employee Training, Labor Regulations, Risk Management
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
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
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
On January 20, 2025, Donald J. Trump began his second term as President of the United States – marking his 100th day in office on April 29, 2025. During these first three months, Trump has worked to staff his administration,… more
Climate Change, Department of Education, Drug Pricing, Energy Policy, Executive Orders
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
In a long-awaited move, the EU Commission has published a proposal for a new EU “Space Bill”. Set to enter into force in 2030, this piece of legislation is aimed at harmonising a fragmented legal environment, in order to provide… more
Cybersecurity, Enforcement Actions, EU, National Security, New Legislation
As the evolution of payments continues at a rapid pace it is important that industry participants are up to date on the regulatory developments supporting and guiding these developments. This publication outlines the key topics… more
Digital Assets, EU, European Commission, European Securities and Markets Authority (ESMA), Financial Regulatory Reform
In a 5-4 ruling this month, the U.S. Supreme Court’s decision in Medical Marijuana, Inc. v. Horn significantly expanded a plaintiff’s ability to sue under the Racketeer Influence and Corrupt Organizations Act (RICO) for… more
Consumer Protection Laws, Damages, False Advertising, Manufacturers, Medical Devices
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
Last week, the Federal Trade Commission sent more than $18 million in refunds to U.S. consumers who entered a Publishers Clearing House (PCH) sweepstakes in recent years. The refund represents a significant remedy to consumers… more
Consumer Protection Laws, Disclosure Requirements, Enforcement Actions, False Advertising, Federal Trade Commission (FTC)
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)
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
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
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
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
The California Attorney General announced a $1.55 million settlement with Healthline Media, LLC in connection with cross-context behavioral advertising resulting from the purported failure of opt-out mechanisms, improper sharing… more
Advertising, California, California Consumer Privacy Act (CCPA), Data-Sharing, Disclosure Requirements
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
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
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)
The UK Government has ratified a new multilateral treaty on the enforcement of judgments: the Hague Judgments Convention 2019, which will take effect in the UK from 1 July 2025 and will apply to any judgment of the Courts of… more
Enforcement Actions, Hague Convention, Jurisdiction, Member State, UK
On 27 August 2024, the German Federal Ministry of Finance published the draft for the so called Second Future Financing Act (Zweites Zukunftsfinanzierungsgesetz – ZuFinG II). This proposal builds on the First Future Financing… more
Capital Markets, Financial Markets, Financial Services Industry, Germany
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
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
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
Final 45V rules provide important clarifications and additional flexibility which will allow many hydrogen producers to claim 45V credits, both for electrolytic and methane-based hydrogen, but also impose new hurdles in… more
Clean Energy, Department of Energy (DOE), Energy Sector, Greenhouse Gas Emissions, Hydrogen Power
On 10 July 2025, the UK raised the threshold below which certain regulated firms can perform acts that would otherwise constitute a money laundering offence. The new threshold is £3,000. This is the second rise in the threshold… more
Anti-Money Laundering, Banks, Constructive Trusts, Contract Terms, Customer Due Diligence (CDD)
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
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
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
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
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
There is an ever-increasing number of consumers who are following a vegetarian or even vegan diet – and with this comes a wide range of vegetarian and vegan foods that can now be found in many supermarkets and restaurants. But… more
Advertising, Compliance, Consumer Protection Laws, EU, Food Safety
On May 7th 2025 the EU and Singapore signed the Digital Trade Agreement (DTA). Following the signing of the EU-Singapore Free Trade Agreement in 2019, and building on the EU-Singapore Digital Partnership and Digital Trade… more
Cybersecurity, Data Protection, EU, International Trade, Singapore
California is rolling out two climate disclosure laws—SB 253 and SB 261—that will soon require major companies that operate in California to publicly report their greenhouse gas (GHG) emissions and climate-related financial… more
California, Climate Change, Disclosure Requirements, Greenhouse Gas Emissions, Life Sciences
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
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
In line with international and European developments, Ireland has introduced a new regime to provide for a process to allow for certain transactions that may present risks to the security or public order of the State to be… more
Compliance, EU, Foreign Direct Investment, Foreign Investment, Government Agencies
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
What is happening Many of the largest blockchain networks today are subject to a proof-of-stake (PoS) consensus mechanism, such as Ethereum, Solana, and Polygon, which are reliant on users participating in the activity of… more
Blockchain, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets, Distributed Ledger Technology (DLT)
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
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
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
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
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 juin 2024. Ces Actualités législatives et… more
Environmental Assessments, France, Insurance Industry, Money Laundering, Patents
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
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
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
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
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
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
The U.S. Food and Drug Administration (FDA) recently held a Patient Engagement Advisory Committee meeting focused on clinical trial informed consent practices. Below, we summarize key takeaways from the meeting, including a… more
Best Practices, Clinical Trials, Food and Drug Administration (FDA), Informed Consent, Life Sciences
The United States Copyright Office has released the second in a series of reports relating to the implications of AI on copyright law and policy, firmly upholding the principle that copyright protection is reserved for… more
Artificial Intelligence, Copyright, Copyright Office, Copyright Registration, Intellectual Property Protection
First introduced in 2007 and ramping up in the last few years, several restrictions have been put in place in the UK to limit the promotion and advertising of food and drink products that are high in fat, sugar or salt (“HFSS”),… more
Advertising, Food Labeling, Food Manufacturers, Legislative Agendas, Marketing
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)
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
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
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
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
The adoption of the EU Anti Money Laundering Regulation (EU) 2024/1624 (the “AML Regulation") marks a significant advancement in the European Union's efforts to combat money laundering and terrorist financing. Effective from… more
Anti-Money Laundering, Beneficial Owner, Business Ownership, Due Diligence, EU
July saw the usual slew of government activity before the summer break, with the publication of one review, two calls for evidence and a report from the 2023 whistleblowing review. In Parliament, the Employment Rights Bill… more
Employee Rights, Employer Liability Issues, Employment Policies, New Legislation, Regulatory 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
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
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)
A snapshot of key market and regulatory developments expected to impact the UK insurance sector over the next six months. 1 – 3 April Motor finance: The Supreme Court heard the three linked appeals, Hopcraft, Johnson and… more
Appeals, Climate Change, Filing Deadlines, Financial Conduct Authority (FCA), Insurance Industry
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
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
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
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
Welcome to the eighth edition of our newsletter “Public Takeovers in Germany”. It provides a market overview of public takeovers and other public offers carried out in Germany in 2024 in accordance with the German Securities… more
Acquisitions, Capital Markets, Germany, Merger Agreements, Merger Controls
Key takeaways The securitisation market stands on the brink of long-needed transformation - an opportunity too important to miss. The European Commission's package of securitisation reforms helpfully addresses some key pressure… more
Capital Requirements, EU, European Banking Authority (EBA), European Commission, European Securities and Markets Authority (ESMA)
The Government has publicly tasked regulators with taking decisions “for growth, not just for risk”. This article explores how the Government’s political pressure on regulators might influence their behaviour, and what that… more
Business Strategies, Competition Authorities, Corporate Governance, Deregulation, Government Agencies
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
The European Commission is currently engaged in a number of high-profile investigations of Very Large Online Platforms under the Digital Services Act. Its powers to enforce compliance are designed specifically for the DSA,… more
Consumer Protection Laws, Data Privacy, Digital Platforms, Enforcement Actions, EU
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
On August 13, 2025 the White House announced that President Trump revoked President Biden's July 2021 Executive Order on Promoting Competition in the American Economy (the “Executive Order”). The Biden Executive Order had… more
Acquisitions, Antitrust Division, Biden Administration, Competition, Department of Justice (DOJ)
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
On July 31, 2025, the Health Resources and Services Administration (HRSA) published a notice in the Federal Register (Rebate Model Notice) announcing a 340B Rebate Model Pilot Program (Pilot Program). Notably, the Pilot Program… more
Centers for Medicare & Medicaid Services (CMS), Covered Entities, Drug Pricing, HRSA, Medicaid
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
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
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
Massenverfahren sind durch eine Vielzahl von Klägern gekennzeichnet, die in zahlreichen Verfahren rechtlich und tatsächlich gleichgelagerte Ansprüche geltend machen.3 Neben den promintenten Fällen der massenhaft eingereichten… more
Class Action, Germany, Ministry of Justice, Rules of Civil Procedure
Lenders in the retail market will be familiar with the Etridge protocol, which (in summary) requires them to ensure that the guarantor of a loan must first obtain independent legal advice, in order to minimise the risk that they… more
Banking Sector, Consumer Protection Laws, Guarantors, Lenders, Loans
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
2024 was a transformative year for the products law landscape, marked by sweeping regulatory shifts, emerging trends, and heightened compliance challenges. These developments are reshaping industries worldwide and will continue… more
Artificial Intelligence, Automotive Industry, Chemicals, Cybersecurity, Environmental Protection Agency (EPA)
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
The Consumer Electronics Show (CES) 2025 has once again set the stage for tomorrow’s tech innovations. From cutting-edge AI to sustainable solutions, the event showcases the technologies shaping our future. Here are the standout… more
Artificial Intelligence, Electric Vehicles, Health Technology, Machine Learning, Robotics
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
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
Many commentators believe that roll-up and other add-on transaction strategies will continue to be attractive to private equity fund managers across global markets. Competition authorities in the UK, Europe and the US have… more
Acquisitions, Competition, EU, European Commission, Merger Controls
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
The Division of Investment Management of the U.S. Securities and Exchange Commission (the SEC) released new guidance on March 19, 2025 that replaces and relaxes prior guidance for registered investment advisers (RIAs) with… more
Accredited Investors, Investment Funds, Investment Management, Marketing, New Guidance
n January 2025, the U.S. Securities and Exchange Commission (SEC) approved amendments, both of which are now effective, to The Nasdaq Stock Market LLC (Nasdaq) and The New York Stock Exchange (NYSE) listing rules that will… more
Capital Markets, Delisting, Listing Rules, Nasdaq, NYSE
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)
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
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
We’re halfway through 2025 and there’s plenty to talk about when it comes to competition litigation. In this edition of UK Competition Litigation Quarterly, our lawyers highlight five significant developments from the past three… more
Antitrust Litigation, Class Action, Competition, Damages, Judicial Review
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
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
In 2021, a group of NGOs challenged critical provisions of U.S. Department of Agriculture (USDA) regulations governing the path to market for new genetically engineered plants (GE plants), including plants developed using gene… more
Agricultural Sector, APHIS, Genetically Engineered Seed, NEPA, Plant Protection Act
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
Not a month goes by without new allegations of #MeToo offences. In addition, there is a call for more stringent regulations on transgressive behaviour. This has led to a stronger focus on compliance standards. Organisations want… more
#MeToo, Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Policies
Der BFH hat sich in einem (noch) nicht im Bundesteuerblatt veröffentlichten Urteil vom 11. Januar 2024 erneut mit der Frage der erweiterten gewerbesteuerlichen Kürzung i.S.d. § 9 Nr. 1 S. 2 GewStG befasst. Im Fokus stand die… more
Change of Ownership, Germany, Landlords, Tenants
Texas Attorney (“AG”) General Ken Paxton announced a first-for-Texas settlement against a generative AI company using patient data and providing products to healthcare facilities… more
Artificial Intelligence, Consumer Protection Laws, Popular, State Attorneys General, Unfair or Deceptive Trade Practices
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
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
Today's Budget brought some good news: Despite recent speculation, National Insurance contributions (NICs) will not be charged on employers’ pension contributions; and No changes were announced to members’ tax-free lump sums… more
Death Benefits, Employee Benefits, Inheritance Tax, Pension Schemes, Pensions
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
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
On July 29, 2025, Attorney General Pam Bondi issued a Memorandum to all Federal Agencies (“Memorandum”) with “guidance for recipients of federal funding regarding unlawful discrimination.” The guidance says it “clarif[ies]” the… more
Affirmative Action, Anti-Discrimination Policies, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)
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
The Secretary of the U.S. Department of Health and Human Services (HHS), Robert F. Kennedy, Jr., recently issued a press release directing the Food and Drug Administration (FDA) to take steps to explore possible rulemaking to… more
Administrative Procedure Act, Department of Health and Human Services (HHS), Executive Orders, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules
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
A critical look, under the lens of AI, at the main proposals of the European Commission's Competitiveness Compass, both against its goals and the broader EU legal framework. The Competitiveness Compass unveils a nuanced… more
Artificial Intelligence, Competition, Data Privacy, Data Protection, EU
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
For the first time, the European Commission has accepted commitments in a merger case reviewed under the EU Foreign Subsidies Regulation. What can we learn from the Commission’s announcement to clear the deal? We set out below… more
Competition, EU, European Commission, European Merger Control Regulation, Foreign Subsidies
The outcome of the 2024 U.S. election had far-reaching implications for the global investment landscape, especially in the dynamic field of venture capital and early-stage investing. Speaking at the J.P. Morgan Healthcare… more
Biotechnology, Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Investors, Life Sciences
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
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
On 18 July 2025, the European Union adopted its 18th package of economic and financial sanctions targeting Russia’s energy, banking and military sectors, as well as its trade with the EU. This package includes Council… more
Belarus, Economic Sanctions, EU, European Commission, International Arbitration
On August 20, 2024 a Texas federal judge blocked, on a nationwide basis, enforcement of the Federal Trade Commission (FTC)’s rule banning non-compete agreements (the “Non-Compete Rule”), which had been slated to take effect on… more
Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants
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
On September 9, 2024, the U.S. Securities and Exchange Commission announced it had settled charges against seven public companies that utilized employment and employment-related agreements that the SEC believed violated its… more
Dodd-Frank, Rule 21F-17, Securities and Exchange Commission (SEC), Whistleblower Protection Policies, Whistleblowers
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
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
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
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
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
Over the past two decades, China has significantly increased its presence in Latin America, becoming South America's largest trading partner and the second largest, behind the United States, for Latin America as a whole. China… more
China, Dispute Resolution, Energy Sector, Foreign Investment, Infrastructure
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
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
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
The French Finance Act for 2025 radically overhauled the tax and social security treatment of management packages. The BSPCE regime is also subject to some amendments. Key changes and features you need to be aware of: a new… more
Capital Gains, Compensation & Benefits, Employee Benefits, Executive Compensation, France
The subject of director compensation awards has been moving up the corporate governance agenda of many public companies since December 2017… more
Board of Directors, Business Judgment Rule, Compensation & Benefits, DE Supreme Court, Entire Fairness Standard
On May 19th, President Trump signed a new federal law targeting sexually explicit deepfakes and other intimate visual content posted online without consent. The law imposes time-sensitive takedown obligations on certain… more
Artificial Intelligence, Criminal Liability, Deep Fake, New Legislation, Privacy Laws
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
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
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
The Spanish government has proposed the creation of a state-owned enterprise dedicated to the promotion, development, and management of housing. This entity will oversee the entire residential real estate cycle, including land… more
Affordable Housing, Construction Industry, Housing Developers, Housing Market, Land Developers
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
On March 24, 2025, the Texas Senate passed S.B. 388, a bill establishing a mandatory program for “dispatchable” power credits. The proposed program generally resembles programs established in other states to incent the… more
Clean Energy, Electricity, Energy Policy, Energy Projects, Natural Gas
Given the exit of a number of international banks from the shores of Africa, a wave of local commercial banks and development finance institutions (DFIs) are increasingly obtaining a larger market share and bridging the gap… more
Africa, Banking Sector, Energy Sector, Environmental Social & Governance (ESG), Financial Institutions
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
At the same time that it potentially reduced licensing requirements on advanced computing items to a smaller group of countries by notifying industry that it started the process to rescind the AI Diffusion Rule, the U.S… more
Artificial Intelligence, Bureau of Industry and Security (BIS), China, Export Administration Regulations (EAR), Export Controls
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
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
On April 15, 2025, the White House issued an Executive Order (EO) entitled “Lowering Drug Prices by Once Again Putting Americans First.” The EO directs various agencies to engage in a number of distinct efforts to lower… more
Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Food and Drug Administration (FDA)
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
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
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
The World Bank Group (WBG) Sanctions System enforcement activities remain below the pre-pandemic level for the third consecutive year. But the establishment of regional investigative hubs and increased number of settlement… more
Banking Sector, Banks, Crisis Management, Discovery, e-Discovery Professionals
On March 12, 2025, EPA announced 31 intended actions by the agency in furtherance of the Administration’s goals of “Unleashing American Energy,” “Lowering the Cost of Living for American Families,” and “Advancing Cooperative… more
Clean Air Act, Clean Water Act, Energy Sector, Enforcement Actions, Environmental Justice
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
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
At a legal industry event on 9 April 2025, Marcelo Pontes Vianna, the head of the secretariat for private integrity of Brazil's Office of the Comptroller General (CGU), the national antibribery agency, highlighted Brazil's… more
Anti-Corruption, Brazil, China, Corporate Governance, Corruption
Following the approval from the Senate last Saturday, June 28, the Chamber of Deputies approved on July 1, 2025 the bill proposed by Federal Executive to reform the current Mexican Antitrust Act (Federal Economic Competition… more
Antitrust Provisions, Competition, Merger Controls, Mexico, New Legislation
Sina Gholinejad, an Iranian hacker involved in the 2019 international extortion scheme against the City of Baltimore using the Robbinhood ransomware, pleaded guilty to computer fraud and wire fraud charges on Tuesday, May 27, in… more
Criminal Prosecution, Cryptocurrency, Cyber Attacks, Department of Justice (DOJ), Fraud
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
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
The Supreme Court’s recent ruling in Federal Communications Commission (FCC) v. Consumers’ Research removed the uncertainty that hung over the FCC’s Universal Service Fund (USF) programs since July 2024, when the U.S. Court of… more
Appeals, Constitutional Challenges, FCC, Government Agencies, Judicial Review
On July 4, 2025, President Trump signed H.R. 1, the One Big Beautiful Bill Act (OBBBA), into law after lengthy consideration in both chambers of Congress. OBBBA Subtitle B—Health includes significant reforms to Medicaid,… more
Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Healthcare Reform, Medicaid, Medicare
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
The EU’s 16th sanctions package on Russia represents a significant expansion of measures, including additional restrictions on Russian banks, further oil and gas related restrictions, and new export and import restrictions. The… more
Belarus, Economic Sanctions, Energy Sector, EU, Financial Institutions
In a landmark move to modernize U.S. drone policy, the Federal Government has released the long-awaited Notice of Proposed Rulemaking (NPRM) to enable routine beyond visual line-of-sight (BVLOS) drone operations. This is a… more
Comment Period, Department of Transportation (DOT), Drones, Federal Aviation Administration (FAA), Infrastructure
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
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
The European Commission has published on the 29th January the “Competitiveness Compass for the EU”, setting out ambitious initiatives aimed at strengthening and protecting the EU’s position on global markets. The Compass… more
Antitrust Provisions, China, Competition, EU, European Commission
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
Las modificaciones a las Reglas Generales de Comercio Exterior establecen cambios a la regulación para Empresas Certificadas. El 7 de octubre de 2024 se publicó en el Portal del SAT la versión anticipada de la “Segunda… more
Foreign Relations, Mexico, Trade Relations
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
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
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
Since establishment of the office in 1982, Hong Kong has acted as the hub around which Hogan Lovells’ regional growth and network expansion have been organised. We are also the sole Hong Kong member of the Pacific Rim Advisory… more
Business Development, China, Financial Services Industry, Foreign Investment, Hong Kong
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
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
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
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
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
The online practices of influencers are now specifically regulated in France since a new legal framework has been set up with the law of 9 June 2023, amended on 6 November 2024 (the “Law”). The Law aims at regulating commercial… more
Advertising, France, Influencers, Marketing, Regulatory Requirements
Over a year since its first reading in the House of Commons and following a lengthy back and forth between the two UK Houses of Parliament, the Digital Markets, Competition and Consumers (“DMCC”) Act received Royal Assent on 24… more
Antitrust Investigations, Competition, Digital Marketplace, Merger Controls, Mergers
Former President Donald Trump has achieved a resounding and historic political comeback, reclaiming the White House four years after his 2020 defeat to President Joe Biden. Now set to serve as the 45th and 47th President, Trump… more
Donald Trump, Election Results, Lame Duck Session, NDAA, Political Campaigns
More and more companies are using artificial intelligence to streamline processes such as recruitment, performance analysis, marketing, identity verification or customer service. These tools allow you to automate data-driven… more
Algorithms, Artificial Intelligence, Bias, Corporate Counsel, Diversity and Inclusion Standards (D&I)
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
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
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 sector team monitors the latest developments to help our clients stay in… more
Aerospace, Artificial Intelligence, Biotechnology, China, Defense Sector
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
The Company Law of the People's Republic of China, as last amended and came into effect on July 1, 2024 (the "New Company Law"), has introduced a number of changes compared with its predecessor, including new provisions… more
Business Entities, Business Ownership, China, Corporate Liability, Due Diligence
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
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
On 1 August 2025, the Supreme Court handed down its Judgment in the conjoined appeals of Johnson, Wrench and Hopcraft (the Judgment). The case concerned liability arising from the payment of commission by lenders to motor… more
Bribery, Consumer Lenders, Consumer Protection Laws, Fiduciary Duty, Financial Conduct Authority (FCA)
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
On 1 August 2025, the Privacy Commissioner for Personal Data, Hong Kong (“PCPD”), and the Personal Data Protection Bureau, Macao (“PDPB”), in collaboration with seven other privacy and data protection authorities across… more
Anonymization, Best Practices, Data Privacy, Data Protection, Data Protection Authority
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
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
Disputes in England and Wales are usually adjudicated after an adversarial process, either by a judge in court-based litigation or by an arbitrator in an arbitration. Litigation is governed by wide-ranging and detailed rules… more
Arbitration, Arbitration Agreements, Dispute Resolution, Mediation, UK
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
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
According to the indicative timeline for Allocation Round 7 ("AR7") of the UK’s Contracts for Difference ("CfD") scheme, the application window is due to open in August 2025 with results anticipated by early 2026… more
Clean Energy, Contract Terms, Energy Policy, Energy Projects, Government Agencies
Earlier this month, the U.S. Food and Drug Administration (FDA) announced a public meeting entitled “Interested Parties Meeting: Implementation of the Best Pharmaceuticals for Children Act and Pediatric Research Equity Act” that… more
Food and Drug Administration (FDA), Labeling, Medical Research, Pediatrics, Pharmaceutical Industry
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
On February 28, 2025, the Department of Health and Human Services (“HHS” or “the Department”) issued a Policy Statement rescinding long-standing HHS guidance regarding the use of notice-and-comment rulemaking to adopt certain… more
Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Federal Contractors, Medicaid
Below is our Corporate / M&A decisions update covering decisions in the third quarter of 2024. Decisions from the Delaware Court of Chancery this quarter included an analysis of the assignment for the benefit of creditors (ABC)… more
Acquisitions, Bankruptcy Code, Class Action, Corporate Governance, Corporate Misconduct
The Court of Appeal in England and Wales has decided that employers do not have to conduct general workforce consultation for an individual redundancy dismissal to be fair. It overturns the EAT decision in De Bank Haycocks v ADP… more
Appeals, Collective Redundancy Consultations, Employer Liability Issues, Hiring & Firing, Redundancy Dismissals
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
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
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
This week, the U.S. Food and Drug Administration (FDA) posted additional information on its recently announced “Commissioner's National Priority Voucher” (CNPV) program, which will provide up to five vouchers in the program's… more
Biologics, Clinical Trials, Drug Approvals, Drug Pricing, Food and Drug Administration (FDA)
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
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
In a welcome move to bolster the domestic drone industry, President Trump signed two Executive Orders on June 6, 2025, aimed at reducing regulatory barriers and enhancing the transparency of drone operations in the United… more
Aviation Industry, Drones, Enforcement, Executive Orders, Regulatory Reform
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
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
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
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
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
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
With plans for energy transition infrastructure projects well underway, their successful delivery demands that parties swiftly get to grips with the important issues when negotiating, administering and managing claims and… more
Clean Energy, Construction Contracts, Contract Disputes, Cybersecurity, Energy Projects
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
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
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
A bite-sized summary of recent UK pension news Welcome to our latest update, in which we cover: Tax on benefits paid overseas A recent Tribunal decision that a transfer from a UK occupational scheme to a UK SIPP did not… more
Benefit Plan Sponsors, Dispute Resolution, HMRC, International Tax Issues, OECD
The Hong Kong government has launched a two-month public consultation on artificial intelligence (AI) and Copyright law. The consultation considers possible improvements to the Copyright Ordinance (Cap. 528) (CO) following… more
Artificial Intelligence, Copyright, Hong Kong, Intellectual Property Protection, Public Consultations
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)
California has long been a frontrunner when it comes to consumer protection and privacy laws, and 2025 is shaping up to be no exception. State lawmakers and regulators are advancing a wave of new bills and regulations across a… more
Artificial Intelligence, California, Consumer Protection Laws, Corporate Counsel, Data Privacy
On October 17, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security and the State Department’s Directorate of Defense Trade Controls issued rules to modernize space-related export controls that aim to reduce… more
Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), Export Administration Regulations (EAR), Export Controls, Exports
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
On January 3, 2025, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (collectively, the Federal Acquisition Regulation (FAR) Council) issued a final rule, Improving… more
Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules, Government Agencies
On July 24, 2025, the Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) issued a joint request for information (RFI) to gather information and data to help the agencies develop a uniform definition of… more
Food & Drug Regulations, Food Safety, Government Agencies, Proposed Rules, Public Health
President Donald Trump began the first day of his new term by issuing an unprecedented number of executive orders, setting a clear direction for his policy agenda across a wide range of sectors both domestically and… more
Enforcement Actions, Executive Orders, Final Rules, Government Agencies, Legislative Agendas
Why internal investigations matter Internal investigations are more than just fact-finding exercises. When handled properly, they help organizations: Uphold legal and ethical standards; Avoid litigation and regulatory fines;… more
Employee Rights, Employer Liability Issues, Employment Policies, Investigations, Privacy Laws
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
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
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
Regulation and litigation surrounding per- and polyfluoroalkyl substances (PFAS) – a class of organic chemicals used in a variety of industrial and consumer products – is on the rise and evolving day-by-day. And the PFAS… more
Chemicals, Environmental Litigation, Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Litigation Strategies
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
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
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
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
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently considered a novel question regarding calculation of the regulatory review period for patent term extension (PTE) under 35 USC § 156 for reissued patents… more
CAFC, FDA Approval, Food and Drug Administration (FDA), Hatch-Waxman, Patent Litigation
In our latest round-up of developments in ESG for UK clients, we cover the following topics: Corporate key takeaways from Hogan Lovells ESG Gamechangers Summit (with Professor Brian Cox as keynote speaker) A Second Trump Term:… more
Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Reporting Requirements
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
On 18 February 2025, the Italian Revenue Agency issued Ruling n. 38/2025 (the "Ruling"), commenting the enactment of the Decree-Law No. 131 of 16 September 2024 ("Decreto salva infrazioni" – converted into Law No. 166 of 14… more
EU, International Tax Issues, Italy, New Legislation, Tax Reform
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
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
Recent years have seen an ever increasing density of ESG regulation on the national, European and global level. With significant regulations already or about to enter into force, enforcement actions on different levels,… more
Corporate Governance, Due Diligence, Enforcement Actions, Environmental Social & Governance (ESG), European Commission
A trio of federal court decisions has emboldened the plaintiffs' bar with a new potential tool to wield in the ongoing wave of litigation targeting businesses for their use of routine website technologies: the California… more
California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Privacy, Litigation Strategies, Personal Information
Our Investing in Emerging Tech series covers the need-to-know legal issues for businesses that are buying, selling, collaborating with or looking to invest in emerging tech companies. In this article, the first of our series, we… more
Corporate Governance, Due Diligence, Emerging Technology Companies, Employment Contract, Environmental Social & Governance (ESG)
On July 3, 2025 California Attorney General Rob Bonta issued an official opinion deeming fantasy sports platforms illegal in the state, regardless of where the operators and associated technology are located. The decision risks… more
California, Enforcement Actions, Gambling, New Legislation, Online Gaming
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
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
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
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
The government’s flagship Planning and Infrastructure Bill is central to its plans to deliver economic growth by streamlining the delivery of new housing and critical infrastructure. The first article in our three-part series… more
Critical Infrastructure Sectors, Energy Policy, Energy Projects, Energy Storage, Infrastructure
In response to growing concerns over regulatory complexity and business competitiveness, the EU adopted the “Stop-the-Clock” directive in April 2025, delaying key sustainability reporting and due diligence obligations under the… more
Disclosure Requirements, Due Diligence, EU, New Legislation, Popular
The UK’s Competition and Markets Authority (CMA) has launched a call for evidence seeking feedback on its approach to merger remedies. This is one of a number of initiatives that signal a shift towards what is intended to be a… more
Acquisitions, Competition, Merger Controls, Merger Remedies, Mergers
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
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
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
The European Central Bank (ECB) has published its Guide on outsourcing cloud services to cloud service providers (the "Guide") clarifying how banks are expected to comply with obligations under the EU Digital Operational… more
Best Practices, Cloud Computing, Cybersecurity, Data Protection, Data Security
In 2024, the federal government continued to shape the research compliance landscape with significant developments for research institutions across several areas. Key updates included the continued implementation of research… more
Clinical Trials, Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Medical Research, National Institute of Health (NIH)
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
This is the November / December 2024 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… more
Domain Name Registration, Domain Names, gTLD, ICANN, Intellectual Property Protection
On 31 July 2025, EFRAG launched its 60-day consultation on the Exposure Drafts of the revised and simplified European Sustainability Reporting Standards (“ESRS”) for those reporting under the Corporate Sustainability Reporting… more
Consultation, Corporate Sustainability Reporting Directive (CSRD), Environmental Social & Governance (ESG), EU, EU Directive
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
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
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
The Commodity Futures Trading Commission (CFTC) issued an advisory regarding criminal referrals to the Department of Justice (DOJ) that de-emphasizes strict liability. Criminal enforcement of referrals will continue for matters… more
CFTC, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Financial Crimes
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
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
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
The Digital Markets, Competition and Consumers Act 2024 ("DMCC Act") provides for two regimes for the enforcement of consumer law: a civil court-based regime, under which the Competition and Markets Authority (“CMA”) and certain… more
Competition, Consumer Protection Laws, Enforcement Actions, New Legislation, UK
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
On 13 November 2024, the Supreme Court handed down its long-awaited judgment in SkyKick UK Ltd and another v Sky Ltd and others [2024] UKSC 36. It held that the Court of Appeal was wrong to overturn the High Court's findings… more
Bad Faith, Intellectual Property Protection, Trademarks, UK, UK Supreme Court
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
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
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
In back-to-back decisions out of the U.S. District Court for the Northern District of California, two federal judges have concluded that the use of copyrighted works to train AI can constitute fair use—at least under certain… more
Algorithms, Artificial Intelligence, Class Action, Copyright Infringement, Copyright Litigation
Private equity sponsors, with good reason, are very aware of the importance for their portfolio businesses to be able to control the types of lenders who hold their debt. They are keen to manage lender relationships throughout… more
Borrowers, EU, Investment, Investors, Lenders
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
With the anniversary of the King’s Speech nearing, here’s a fresh look at the UK Government’s legislative progress and how stakeholders can navigate it effectively: Secure and shape future laws now The bidding for the next… more
Employment Policies, Government Agencies, Legislative Agendas, New Legislation, Political Parties
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
On 30 July 2025, the Indonesian Constitutional Court (“Court”) issued a landmark ruling, Decision No. 151/PUU-XXII/2024 (“Decision 151”), which significantly broadens the scope of mandatory Data Protection Officer (“DPO”)… more
Asia Pacific, Constitutional Challenges, Data Privacy, Data Protection, Data Protection Officers (DPOs)
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
On 19 September 2024, the FCA published an update on its review of the cash savings market and investigation into the practices of the largest 9 firms with easy access savings accounts. With a focus on the effectiveness of… more
Banking Sector, Banks, Financial Conduct Authority (FCA), Financial Institutions, Financial Services Industry
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)
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
On February 18, 2025, the First Circuit joined a growing list of circuit courts to hold that “but-for causation” is the correct causation standard in most False Claims Act (FCA) cases premised on alleged violations of the… more
Anti-Kickback Statute, Causation, Department of Justice (DOJ), False Claims Act (FCA), Healthcare Fraud
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)
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
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
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
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
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
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
Tras 12 años de la reforma al artículo 4 constitucional para reconocer el derecho al acceso, disposición y saneamiento de agua, Diputados de Morena presentan la iniciativa de la esperada “Ley General de Aguas”, transformando el… more
Constitutional Challenges, Mexico, Wastewater, Water
In an unprecedented global crisis, the performance of contractual obligations has become very difficult, if not impossible, for many economic players who consequently are tempted to find a way to circumvent them… more
Contract Drafting, Contract Negotiations, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause
Chinese foreign investment in the mining sector continues to flow into the African continent. OHADA member states in West and Central Africa are amongst the main recipient of such investment. A priority for the local governments… more
Africa, China, Economic Development, Foreign Direct Investment, Infrastructure
El pasado 8 de mayo de 2024 se publicó en la Gaceta Oficial de la Ciudad de México, el Decreto por el que se reforma el Reglamento de Construcciones para el Distrito Federal. Esto para homologar las modificaciones relacionadas… more
Construction Industry, Infrastructure, Mexico, Telecommunications
With the Markets in Crypto-Assets Regulation (MiCAR) (Regulation (EU) 2023/1114) becoming fully applicable by the end of this year, crypto-asset service providers seeking to offer their services across the EU need to consider… more
Cryptoassets, Cryptocurrency, Digital Assets, EU, FinTech
The European Commission has adopted a Delegated Act under Article 40 of the DSA, creating a new framework for vetted researchers to access non-public data from Very Large Online Platforms and Very Large Search Engines. This move… more
Data Collection, Data Protection, Digital Services, EU, New Regulations
Key developments of interest over the last month include: a new Bill containing detailed new information and account direct deduction obligations for banks and EMIs being introduced to the UK Parliament; the issuing of a United… more
Blockchain, Cryptocurrency, Digital Assets, EU, Financial Conduct Authority (FCA)
The FTC recently requested public comment “to better understand how technology platforms deny or degrade (such as by ‘demonetizing’ and ‘shadow banning’) users’ access to services based on the content of the users’ speech or… more
Antitrust Provisions, Censorship, Competition, Consumer Protection Laws, Federal Trade Commission (FTC)
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
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
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
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
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
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
Florida’s legislature enacted the Live Local Act (as amended, the “Act”) to encourage the construction of affordable housing across Florida, providing opportunities for residents to live within the communities in which they… more
Affordable Housing, Florida, Housing Developers, Land Developers, Multi-Family Development
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC), in partnership with the U.S. Department of Justice (DOJ), issued a technical assistance Q&A guidance document entitled “What You Should Know About… more
Affirmative Action, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination
We have seen far-reaching change on the global political stage over the last few months. Since the publication of our last Global Real Estate Horizon Scanner, we have seen the election and inauguration of President Trump, the… more
Foreign Investment, Germany, Landlords, Real Estate Investments, Real Estate Market
An earlier version of the article appeared in Estates Gazette. Given the trend towards an ageing population across Europe and beyond, later living is one of the hottest sectors for real estate investors, with many investors… more
EU, Investors, Real Estate Investments, Real Estate Market, UK
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
This development reinforces the importance of early case assessment and a tailored class certification defense strategy. Lower courts may continue to diverge on this issue, creating inconsistent outcomes depending on… more
Appellate Courts, Article III, Certiorari, Class Action, Class Certification
On February 12, the SEC’s Division of Corporation Finance issued Staff Legal Bulletin No. 14M (SLB 14M) to update its guidance on the “economic relevance” and “ordinary business” exclusions in Exchange Act Rule 14a-8, which is… more
Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Guidance, Publicly-Traded Companies
Cases on Material Adverse Effect (“MAE”) clauses (also known as Material Adverse Change, or MAC, clauses) rarely come before the English courts, so there are limited English authorities on their construction. The High Court… more
Breach of Contract, Claim Construction, Contract Terms, Corporate Sales Transactions, Dispute Resolution
The Department of Justice (DOJ) has issued a final rule limiting data transfers to China, Russia, and other designated “countries of concern.” The rule establishes a new national security program that bans specific types of… more
China, Cross-Border Transactions, Data Privacy, Data Protection, Department of Justice (DOJ)
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
In Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., the Supreme Court set out the test for determining the proper venue for judicial review of EPA actions under the Clean Air Act (CAA). Challenges to… more
Appeals, Appellate Courts, Clean Air Act, Environmental Litigation, Environmental Protection Agency (EPA)
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
A recent decision from the French Supreme Court provides some interesting developments regarding the extra-contractual (or tort) liability based on a breach of contract. An Italian company specializing in the production of… more
Breach of Contract, Contract Terms, France, Liability
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
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)
In Craig v. Target Corporation, et al., the District Court for the Middle District of Florida considered whether Target Corporation (Target) committed securities violations by failing to disclose risks related to an ESG and DEI… more
Board of Directors, Corporate Misconduct, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Motion to Dismiss
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
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
The Q2/24 Life Science and Health Care Law Update covers key trends in the EU and Big Five (France, Germany, Italy, Spain, UK) in life sciences regulatory, corporate, compliance, competition, and privacy… more
Clinical Trials, Life Sciences, Manufacturers, Medical Devices, Pharmaceutical Industry
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
After two years, the European Parliament has reignited discussion on the proposed directive for adapting non-contractual civil liability rules to artificial intelligence, known as the "AI Liability Directive" or the "AILD" by… more
Artificial Intelligence, EU, Innovative Technology, Machine Learning, Technology Sector
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
New U.S. and UK sanctions target Russia’s energy sector and supporting infrastructure. On January 10, 2025, the United States and the United Kingdom imposed additional sanctions against Russia, with a focus on its energy… more
Economic Sanctions, Energy Sector, Executive Orders, Foreign Investment, National Security
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
AI1 and ESG2 have both been climbing the agenda in the UK financial services industry in recent years. As firms – driven by customer, investor and regulatory expectations – prioritise sustainable and ethical practices and… more
Artificial Intelligence, Corporate Governance, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA), Financial Services Industry
El 28 de junio de 2024, se publicó en el DOF el Decreto por el que se fomenta la inversión en los Polos Industriales del Bienestar Progreso I y Mérida I del estado de Yucatán, por medio del cual se otorgan beneficios fiscales y… more
Investment, Investors, Mexico, Tax Credits, Tax Planning
Despite much recent attention to the new administration's plans to deploy the False Claim Act (FCA) to advance other policy objectives, a July 2, 2025 Department of Justice (DOJ) press release announcing a DOJ-HHS False Claims… more
Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Actions, False Claims Act (FCA)
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
China’s Supreme People’s Court is stepping up enforcement against medical insurance fraud, with severe penalties and a focus on protecting public healthcare funds. Recent cases show fraud schemes ranging from hospital-level… more
China, Criminal Prosecution, Enforcement Actions, Healthcare Fraud, Hospitals
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
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)
The global financial crisis in 2008 saw distressed real estate assets flooding the market as values plunged and borrowers defaulted on loans secured against their properties. In 2024, some have predicted a real estate crash,… more
Borrowers, Investors, Private Equity, Real Estate Investments, UK
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)
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
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
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
Hong Kong’s audit regulator, the Accounting and Financial Reporting Council (AFRC), says it expects all audit firms and their staff to comply with all relevant laws and regulations set out within the accountants’ ethics code… more
Accountants, Accounting, Audits, Hong Kong
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
Green banks are financial institutions with a specific objective: deploying capital to finance projects focusing on sustainability and energy transition. Often publicly owned, green banks follow a dual purpose, being intended to… more
Banks, Clean Energy, Climate Change, Energy Projects, Financial Institutions
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
Four U.S. senators reported their findings of a nine-month investigation into direct-to-consumer telehealth platforms used by pharmaceutical manufacturers, highlighting risks and reinforcing the need for industry to carefully… more
Anti-Kickback Statute, Enforcement Actions, Government Agencies, OIG, Pharmaceutical Industry
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
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
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
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
Parents of babies that need hospital care shortly after birth will be entitled to neonatal care leave from April 2025. Leave is a day one right but pay is subject to service and earnings requirements. Employers should… more
Employee Benefits, Employee Rights, Employment Policies, Maternity Leave, Notice Requirements
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
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)
On June 9, 2025, Deputy Attorney General Todd Blanche issued revised enforcement guidelines for the Foreign Corrupt Practices Act (FCPA), officially ending the FCPA enforcement pause that Executive Order 14209 (EO) instituted in… more
Bribery, Corruption, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities
A out of the ordinary case: a breach of contract for the sale of a business (rather than the breakdown of negotiations), and more specifically for the transfer of control of the Primonial Group. Back in March 2022, the… more
Acquisitions, Breach of Contract, Contract Disputes, Contract Terms, Corporate Sales Transactions
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
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
Banks relying on back-leveraged SRT trades in the UK now face increased regulatory scrutiny. The PRA's "Dear CFO" letter warns that not all repo financings collateralised by SRT tranches meet the trading book’s liquidity… more
Banking Sector, Financial Institutions, Regulatory Requirements, Risk Management, UK
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
On February 6, 2025, the European Commission published guidelines clarifying the definition of an “AI system” under the EU AI Act. Only systems that meet this definition fall within the AI Act’s scope, making it a key reference… more
AI Act, Algorithms, Artificial Intelligence, Automation Systems, EU
On May 5, 2025, President Donald Trump signed an Executive Order (EO) aiming to promote American-made prescription drugs (“Reshoring Manufacturing EO”). The EO directs federal agencies to eliminate regulatory hurdles, accelerate… more
Executive Orders, Food and Drug Administration (FDA), Government Agencies, Investment, National Security
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
Private capital investment in the insurance sector is established, large and growing. This article looks at why this is the case, and the challenges and the likely direction of travel for the near future, and also at the traffic… more
Capital Markets, Financial Institutions, Financial Services Industry, Insurance Industry, Investment
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
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
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)
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)
After months of back and forth and uncertainty related to efforts under the new Trump Administration to reduce the size of the federal government, U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy… more
Department of Health and Human Services (HHS), Employees, Food and Drug Administration (FDA), Hiring & Firing, Trump Administration
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
On June 30, 2025, the President signed an Executive Order (EO) lifting sanctions on Syria and directing the U.S. Department of State (DOS) and the U.S. Department of Commerce (DOC) to relax or suspend other programs (e.g.,… more
Economic Sanctions, Executive Orders, Export Controls, Foreign Policy, International Trade
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
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
The announcement of the upcoming Renters’ Rights Bill has left many landlords keen to bring assured shorthold tenancies (ASTs) to an end before the changes become law. Reports have emerged of some landlords, perhaps in too much… more
Eviction, Landlords, Rental Property, Tenants, UK
“Halfway through 2023 and we find ourselves in gripping times as the offshore wind market further grows—within the ‘first’ home regions and beyond. Along with these developments, not the least "offshore wind auctions taking… more
Clean Energy, Energy Projects, Energy Sector, Offshore Wind, Renewable Energy
On 1 July 2025, the Court of Appeal handed down its judgment overturning the twin restructuring plans proposed by Petrofac Limited and Petrofac International (UAE) LLC under Part 26A of the Companies Act 2006 (the plans)… more
Appeals, Companies Act, Corporate Counsel, Corporate Restructuring, Creditors
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
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)
On 25 February, the Court of Justice of the European Union (CJEU) issued its much-anticipated decision in BSH Hausgeräte v. Electrolux (C-339/22) on cross-border competence in patent litigation. At the heart of the dispute is… more
EU, Intellectual Property Litigation, Intellectual Property Protection, Jurisdiction, Litigation Strategies
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
Artificial intelligence (AI) is transforming the legal world, from the use of AI-assisted document review to deployment of generative AI for research and submission drafting. Recognising the prevailing wind, many jurisdictions… more
Algorithms, Arbitration, Artificial Intelligence, Bias, Data Security
The SEC’s Division of Corporation Finance recently issued 18 revised Compliance and Disclosure Interpretations (C&DIs) relating to Exchange Act Sections 13(d) and 13(g) and Regulation 13D-G under the Exchange Act. This… more
Beneficial Owner, C&DIs, Disclosure Requirements, Regulatory Requirements, Reporting Requirements
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
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)
On 23 July 2025 the Supreme Court handed down a judgment confirming the approach public authorities should take when deciding whether to disclose information under the Freedom of Information Act 2000 (FOIA), where there may be… more
Confidential Business Information (CBI), Disclosure Requirements, FOIA, Government Agencies, Public Consultations
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
The Procurement Act 2023 (the "Act") introduces a more expansive and centralised exclusion regime. For compliance professionals, the implications are significant: exclusion can now arise from a broader range of conduct –… more
Corporate Governance, Due Diligence, Fraud, National Security, Risk Management
In accordance with Art. 13 of Regulation (EU) 2023/2854 ("Data Act"), certain contractual terms in contracts that regulate rights and obligations in relation to data from connected products (e.g., smart heat pumps, connected… more
DATA Act, Data Privacy, EU, Smart Devices, Unfair Contract Terms
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
With landmark housing policy changes and tax incentives for developers in 2024, we forecast a positive outlook for investment in New York City real estate in 2025. NYC Development 2025: The beginning of the next boom?… more
Affordable Housing, Housing Market, Investment, Property Tax, Real Estate Development
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
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
As the pending settlement in In re: College Athlete NIL Litigation, Case No. 4:20-CV-03919 (N.D. Cal) (the “House Settlement”) inches toward a final approval hearing before Judge Claudia Wilken on April 7th, a big question… more
Arbitration, College Athletes, Enforcement Actions, Investigations, Name and Likeness
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
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
The FCA has finalised the changes that were proposed in May this year to make it easier for customers to engage with mortgage providers and make reductions to mortgage terms and remortgaging easier. This includes removing the… more
Borrowers, Consumer Financial Products, Financial Conduct Authority (FCA), Financial Regulatory Reform, Interest Rates
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
In the wake of the 2024 U.S. elections, stakeholders in the life sciences and health care industry are intensely focused on the policy implications for global financial markets, investment strategies, and M&A opportunities… more
Artificial Intelligence, Food and Drug Administration (FDA), Healthcare, Life Sciences, Medical Devices
Earlier this month, the U.S. Supreme Court agreed to hear an appeal in the telecommunications case Wisconsin Bell, Inc. v. United States ex rel. Heath, No. 23-1127, to assess whether reimbursement requests submitted to… more
E-Rates, False Claims Act (FCA), FCC, SCOTUS, Telecommunications
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
As 2025 begins, the foreign direct investment (FDI) landscape continues to evolve at a rapid pace. Driven by geopolitical shifts, technological advancements, and changing regulatory priorities, businesses must navigate an… more
Artificial Intelligence, Canada, CFIUS, China, EU
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
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
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
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
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
In our latest round-up of developments in ESG for UK clients, we cover the following topics: UK Government issues new guidance for environmental impact assessments for oil and gas projects The Bank of England issues proposals… more
Carbon Emissions, Climate Change, Energy Sector, Environmental Policies, Environmental Social & Governance (ESG)
On May 9, 2025, the White House issued an Executive Order, “Fighting Overcriminalization in Federal Regulations,” that seeks to place limits on the criminal enforcement of regulatory offenses, particularly those that impose… more
Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ), Executive Orders, Food and Drug Administration (FDA)
In a case that will be of interest to all developers and funders of UK infrastructure and energy projects, Orsted West of Duddon Sands v HMRC [2025] (previously known as Gunfleet Sands v HMRC), the Court of Appeal held that the… more
Appeals, Energy Projects, Offshore Wind, Renewable Energy, Tax Court
In a landmark advisory opinion dated 23 July 2025, the International Court of Justice (“ICJ”) has unanimously found that States are legally bound to protect the environment from greenhouse gas emissions (“Opinion”). We discuss… more
Climate Change, Due Diligence, Environmental Litigation, Environmental Policies, Environmental Social & Governance (ESG)
The U.S. Food and Drug Administration (FDA) has issued draft guidance on its “Platform Technology Designation Program,” which aims to streamline drug development, manufacturing, and marketing application review for products… more
Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Life Sciences, Manufacturers, Pharmaceutical 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
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
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
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 2024. Ces Actualités législatives et… more
Energy Projects, France, Insurance Code, Insurance Industry, Life Insurance
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)
At long last, on August 23, 2024, the FCC’s Office of International Affairs announced that major elements of its 2020-2021 changes to the Team Telecom review process for applications involving foreign ownership have gone into… more
CFIUS, FCC, Foreign Investment, National Security, Telecommunications
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
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
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
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
The latest chapter in the IRS attack on the use of a self-employment tax exception by fund managers came in the form of another Tax Court opinion last month in Soroban Capital Partners LP v. Commissioner (“Soroban II”) The… more
Fund Managers, Income Taxes, Investment Funds, IRS, Limited Partnerships
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
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
Vietnam's data privacy landscape is undergoing a significant transformation with the recent enactment of the Law on Personal Data Protection (PDP Law), effective from 1 January 2026. This new law marks a pivotal step in… more
Cross-Border, Data Privacy, Data Protection, Data Protection Officers (DPOs), General Data Protection Regulation (GDPR)
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
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
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
After a legislative reform that has seen four different Prime Ministers, three different Bills and many deliberations across both Houses of Parliament, the UK is now on course to introduce some changes to the data protection… more
Cookies, Data Privacy, Data Protection, Enforcement, International Data Transfers
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
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
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
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
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
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
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
The Arbitration Act 2025 introduces a small number of significant reforms designed to ensure that London maintains its status as one of the world's leading seats of international arbitration. It received Royal Assent on 24… more
Arbitration, Arbitration Agreements, Contract Terms, Dispute Resolution, International Arbitration
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
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
The International Energy Agency released a report this week titled “The Path to a New Era for Nuclear Energy” (the “Report”), which looks at opportunities for nuclear energy to meet rising energy demand, while addressing energy… more
Clean Energy, Climate Change, Data Centers, Energy Projects, Energy Sector
On January 20, 2025, President Trump repealed the Biden Administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (“Biden AI Order”) on the basis that it “hinder[ed] AI… more
Antitrust Division, Artificial Intelligence, Competition, Department of Justice (DOJ), Enforcement Actions
On 4 June 2025, the European Data Protection Board published guidelines clarifying how EU-based companies should assess requests from foreign authorities for access to EU personal data. The EDPB emphasizes that such requests… more
Data Privacy, Data Protection, Disclosure Requirements, EU, Foreign Governments
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
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
In this article, we consider the key considerations for a lender when financing particular asset classes. We have focused for these purposes on those asset classes which we consider to be the most topical at the moment: hotels,… more
Borrowers, Lenders, Mortgage-Backed Securities, Mortgages, Real Estate Market
The Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have filed a Statement of Interest (SOI) supporting a lawsuit brought by a coalition of Republican states alleging that three large investment… more
Anti-Competitive, Antitrust Litigation, Antitrust Violations, Coal Industry, Department of Justice (DOJ)
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
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
Approval of labor reform that recognizes the employment relationship between companies and individuals who provide their services through digital platforms… more
Digital Platforms, Employer Liability Issues, Federal Labor Laws, Wage and Hour
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
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
On 7 May 2025, the Hogan Lovells insurance team, together with Howden, hosted a client webinar on geopolitical instability and evolving liability risk. The session also highlighted our new InCrowd hub, an online resource for… more
Acquisitions, Artificial Intelligence, Geopolitical Risks, Insurance Industry, Liability Insurance
The UAE has emerged as a global hub for business and investment, attracting entrepreneurs and companies from around the world. One of the most effective strategies for entering this vibrant market is through the establishment… more
Conflicts of Interest, Exit Strategies, Joint Venture, Power of Attorney, United Arab Emirates (UAE)
In Solak v. Mountain Crest Capital, the Delaware Court of Chancery found that a stockholder plaintiff pleaded a viable breach of fiduciary duty claim based on an alleged failure of the board of directors of a SPAC to disclose… more
Board of Directors, Breach of Duty, Delaware, Disclosure Requirements, Fiduciary Duty
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
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
The U.S. Food and Drug Administration (FDA) recently announced it plans to phase out animal testing in the development of monoclonal antibody therapies and other drugs and biological products “with more effective, human-relevant… more
Animal Testing, Artificial Intelligence, Biotechnology, Clinical Trials, Food and Drug Administration (FDA)
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
As the festive season heralds lights on storefronts and fills shopping carts around the world, the retail and luxury sectors find themselves navigating unprecedented change. Consumer expectations among various demographics are… more
Artificial Intelligence, Copyright, Manufacturers, Product Packaging, Retail Market
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
Individual labour law centres on the relationship between a person at work and their employer, as governed by the employment contract between them. Both employee and employer are affected by these rights and duties. A number of… more
Employee Rights, Employees, Employment Contract, Employment Policies, Germany
Die Neuerungen in der betrieblichen Altersversorgung (bAV) durch das Betriebsrentenstärkungsgesetz, die in weiten Teilen zum 1. Januar 2018 in Kraft getreten sind, haben die hohen Erwartungen nicht vollständig erfüllt. Nunmehr… more
Employee Benefits, Germany, Pension Schemes, Pensions, Retirement
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
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
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
The new EU Anti-Money Laundering Regulation (EU) 2024/1624 (the “AML Regulation”) introduces significant changes to the regulation of non-financial sectors. By including new obliged entities, the EU demonstrates its determined… more
Anti-Money Laundering, Beneficial Owner, Due Diligence, EU, Financial Crimes
Key takeaways U.S. financial institutions that conduct funds transfers with the institutions subject to FinCEN’s Section 2313a orders now have until 20 October 2025 to implement compliance procedures and to stop funds transfers… more
Anti-Money Laundering, Bank Secrecy Act, Banks, Cross-Border Transactions, Enforcement Actions
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
The United States has agreed with other G7 members to remove the section 899 protective tax measures from One Big Beautiful Bill in exchange for an agreement to exclude U.S. headed groups from major aspects of the OECD global… more
Corporate Taxes, G7, Income Taxes, International Tax Issues, New Legislation
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
Namibia, until recently led by an interim president in power since the death of former President Hage Geingob in February, was tipped as potentially facing turmoil and even unrest as its elections loomed and the world watched… more
Africa, Election Results, Namibia, Political Campaigns, Presidential Elections
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
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
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
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
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
Access to first-in-class medicinal products that can save and transform lives is crucial for patients in the UK – and the earlier the access, the more significant the impact. Equally vital, however, is that such products are… more
Artificial Intelligence, Life Sciences, Medical Devices, Medicines and Healthcare Products Regulatory Agency (MHRA), Pharmaceutical Industry
On 18 November 2024, the Council of the European Union (EU Council) approved the Declaration on a Common Understanding of International Law in Cyberspace (Declaration). The Declaration acknowledges the practical reality that… more
Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection
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
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
Cryptocurrency mining company BIT Mining Ltd. has agreed to pay a combined penalty of US$10 million to the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) for engaging in a scheme to bribe Japanese… more
Bribery, Cryptocurrency, Deferred Prosecution Agreements, Department of Justice (DOJ), Enforcement Actions
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
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
El pasado mayo de 2024 fue aprobado en el Consejo de Ministros el anteproyecto de la ley de administradores y compradores de créditos dudosos con el objetivo de adaptar al ordenamiento jurídico español las disposiciones… more
Credit Institutions, Financial Services Industry, Loans, Non-Performing Loans (NPL), Spain
In what was a busy week for the centre of Government in the UK, the Cabinet Office launched a consultation on proposed changes to the scope of the sectors subject to mandatory notification under the National Security and… more
Acquisitions, China, Consultation, Foreign Investment, Investment
Automation Systems, Automotive Industry, Charging Stations, Connected Cars, Driverless Cars
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
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
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
As our world has grown more connected and digitalized, and as smart, data-driven devices — including those that form the Internet of Things (IoT) — have become more prevalent, regulators have begun to reframe how they address… more
Cyber Threats, Cybersecurity, Data Protection, Internet of Things, New Legislation
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
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
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
On July 23, 2025, the Trump Administration released its AI Action Plan, in accordance with President Trump's January executive order on Removing Barriers to American Leadership in AI. The White House Office of Science and… more
Artificial Intelligence, Data Centers, Executive Orders, Export Controls, Innovation
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
The concept of works council participation has a long tradition in Germany, dating back to the Weimar Republic following World War I. Information and consultation rights for employee representatives were introduced by the Works… more
Collective Bargaining, Employee Benefits, Employee Rights, Employees, Germany
On 17 June 2025, the European Commission presented its “Defence Readiness Omnibus Package,” a comprehensive legislative initiative aimed at reinforcing Europe’s ability to plan, finance, and deliver defence capabilities at scale… more
Competition, Defense Sector, EU, European Commission, Foreign Investment
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
The new version of the Digital Chart Regulation, adopted on October 30 by the Italian Advertising Authority (IAP), introduces significant updates in the realm of influencer marketing. This revision comes at a time when the… more
Advertising, Influencers, Italy, Marketing, Social Media
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
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)
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
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
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
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
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
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
In this article we take a look at the hotels sector on both sides of the Atlantic, at a time when both the U.S. and the UK are seeing enormous political change. Will these political changes bring good news for the industry? How… more
Commercial Real Estate Market, Hotels, Investment, Investors, Real Estate Transactions
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
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
After several years of nothing but bad news, we are finally beginning to hear of an uptick in office and retail leasing activity. That said, there are still too many buildings with high vacancy rates. These buildings continue to… more
Property Owners, Property Tax, Property Valuation, Tax Assessment, Tenants
Supply chain due diligence has firmly taken root in the global regulatory landscape, setting clear compliance expectations on how companies should identify, assess, and address human rights and environmental risks across their… more
Antitrust Provisions, Competition, Due Diligence, European Commission, Germany
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
The UK Supreme Court has allowed Dream Pairs’ appeal against the decision of the Court of Appeal and confirmed that post-sale confusion alone is sufficient for UK trade mark infringement to be established because damage to the… more
Appeals, EU, Fashion Industry, Likelihood of Confusion, Trademark Infringement
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
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
On June 18, 2025, the Federal Ministry of Health (Bundesministerium für Gesundheit - BMG) published a draft bill proposing severe amendments to the German Medical Cannabis Act (Medizinal-Cannabis Gesetz - MedCanG) – just a year… more
Cannabis Products, Constitutional Challenges, Germany, Government Agencies, New Legislation
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
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
Key takeaways Faster Negotiations: SCs aim to significantly shorten CTA review times. Scope: The SCs cover specific terms, such as ownership of study results, publication rights, liability limitations, and termination clauses… more
Clinical Trials, Contract Terms, Government Agencies, Life Sciences, Medical Devices
Am 4. Juli 2024 verabschiedete der Bundestag das Gesetz zur Stärkung des Justizstandortes Deutschland. Es führt Commercial Courts und Englisch als Gerichtssprache in der Zivilgerichtsbarkeit ein, um die Attraktivität… more
Commercial Court, Germany, Intellectual Property Protection, Jurisdiction, Trade Secrets
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
California Attorney General Rob Bonta issued a consumer alert highlighting Assembly Bill 1287, which prohibits businesses from charging different prices for substantially similar products based solely on gender, a practice often… more
Manufacturers, Price Discrimination, Retail Market, State Attorneys General
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
The rapid development of data protection laws across the Asia-Pacific region indicates significant movement toward certain standards, albeit with notable local policy variations across multiple areas. Our Asia-Pacific Data,… more
Cybersecurity, Data Privacy, Data Protection, Popular, Privacy Laws
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
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
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
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
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
On 29 April 2025, the UK’s Competition and Markets Authority (“CMA”) launched a consultation inviting views on proposed changes to its guidance on applications for leniency and no-action in cartel cases (the “Consultation”). The… more
Antitrust Violations, Leniency Programs, New Guidance, UK, UK Competition and Markets Authority (CMA)
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)
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
In City Pension Fund for Firefighters and Police Officers in the City of Tampa Bay et al. v. Generac Holdings, Inc., et al., the Eastern District of Wisconsin dismissed a consolidated class action complaint alleging violations… more
Class Action, Coronavirus/COVID-19, Misleading Statements, Motion to Dismiss, Omissions
The EU is introducing new regulations (EDIRPA and EDIP) to structure military procurement through pooled orders coordinated by the European Commission. Advanced Purchase Agreements (APAs), inspired by COVID-19 contracts, provide… more
Contract Terms, Defense Sector, EU, European Commission, Manufacturers
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
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
On 30 July, the Ministry of Housing, Communities and Local Government published its proposed amendments to the National Planning Policy Framework ("NPPF"), alongside a detailed public consultation, and numerous associated… more
Commercial Development, Infrastructure, Real Estate Development, UK
On July 30, 2025, the Environmental Protection Agency (EPA) issued a proposed rule to reconsider the 2009 Endangerment Finding that has served as the foundation for EPA's authority to regulate greenhouse gases (GHGs) for mobile… more
Clean Air Act, Climate Change, Environmental Protection Agency (EPA), Executive Orders, Greenhouse Gas Emissions
On July 9, 2025, the U.S. Food and Drug Administration (FDA) issued a letter from Commissioner for Human Foods Martin Makary and Deputy Commissioner for Human Foods Kyle Diamantas to industry members involved in the… more
Baby Products, Food and Drug Administration (FDA), Food Safety, Product Recalls, Public Health
Two federal district courts in Texas have issued orders staying the implementation of the United States Department of Labor’s (DOL) 2024 Fiduciary Rule (the Final Rule) and related prohibited transaction exemption amendments… more
Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Individual Retirement Account (IRA)
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
On 8 July 2025, the European Commission presented its European Chemicals Industry Action Plan. The Action Plan aims to strengthen the competitiveness and resilience of the European chemical sector while driving the transition to… more
Chemicals, Environmental Policies, European Commission, New Legislation, PFAS
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
The Kingdom of Saudi Arabia (KSA) continues to develop and promote initiatives to modernize and accelerate its economy and attract international investment. Align with this goal, on 11 January 2025, government entities in the… more
Automotive Industry, Economic Growth, Foreign Investment, Incentives, Intellectual Property Protection
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
Bank of Italy, following the public consultation issued in January 2025, extended the Regulation on customer due diligence and the Regulation on organization, procedures and internal controls to crypto-asset service providers… more
Anti-Money Laundering, Bank of Italy, Cryptocurrency, Digital Assets, Financial Institutions
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
If the initiative proceeds as planned, it will mark a pivotal shift in the regulatory landscape, introducing both efficiencies and novel questions related to the reliability and validity of the AI reviews, as well as… more
Algorithms, Artificial Intelligence, Data Privacy, Data Security, Food and Drug Administration (FDA)
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
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
NIS2 is coming to Germany, potentially sooner than expected NIS2 impacts a significant number of companies across various industries, introducing new and more stringent cybersecurity requirements Company management will… more
Cyber Threats, Cybersecurity, Data Security, Germany, NIS Directive
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
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
In its recent judgment in Sony Interactive Entertainment v. Datel, the CJEU ruled on the specific copyright protection of computer programs under Directive 2009/24/EC (Case C‑159/23). The CJEU found that while “cheating… more
Copyright, Copyright Infringement, Copyright Litigation, Court of Justice of the European Union (CJEU), EU
Recent enforcement actions, audit activity, proposed rulemakings, and guidance issued by the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) highlight the agency’s focus on health data… more
Artificial Intelligence, Audits, Compliance, Cyber Attacks, Cybersecurity
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
One of support schemes available in Poland is the auction-based support scheme regulated in the RES Act. It grants the winners of the auctions the right to cover the negative balance for the period indicated by the generator in… more
Energy Projects, Energy Sector, Poland, Renewable Energy
The U.S. Department of Health and Human Services (HHS) and U.S. Food and Drug Administration (FDA) are requesting public comment on nutrient requirements for infant formulas intended for healthy, full-term infants. FDA’s… more
Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Food Manufacturers, Food Safety, New Regulations
The latest of many Italian regulatory changes aimed at protecting the "Made in Italy" brand comes as the Municipality of Milan approved a new "Regulation for the release of authorization to register trademarks including the… more
Intellectual Property Protection, Italy, Trademark Application, Trademark Registration, Trademarks
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
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
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
The Guidelines’ clear and standardized method for calculating illegal business turnover, and the specific rules provided for a number of complex situations will make it easier and more transparent in practice for both brand… more
China, Enforcement Actions, Intellectual Property Protection, Trademark Infringement, Trademarks
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
The establishment of the European Anti-Money Laundering Authority (“AMLA”) represents a decisive development in the EU's regulatory framework. AMLA aims to unify and strengthen anti-money laundering (“AML”) and counter-terrorism… more
AML/CFT, Anti-Money Laundering, Cryptoassets, EU, Financial Crimes
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
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
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
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
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
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
Yesterday, the Make America Healthy Again (“MAHA”) Commission released its highly anticipated Make Our Children Healthy Again Assessment (“Assessment”), which aims to examine “the root causes of deteriorating child health.” The… more
Department of Health and Human Services (HHS), Dietary Guidelines, Executive Orders, Food & Drug Regulations, Food Manufacturers
The U.S. is one of the easiest jurisdictions in the world in which to do business1 and continues to be the world’s top destination for foreign direct investment.2 Regulatory barriers are generally low, establishing a branch or… more
Business Development, Business Entities, CFIUS, Corporate Governance, Doing Business
On May 12, 2025, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for initial price applicability year (IPAY) 2028 of the Drug Price Negotiation Program (DPNP) established by the Inflation Reduction Act… more
Biosimilars, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Inflation Reduction Act (IRA), Manufacturers
On June 27, 2025, the Supreme Court in Kennedy v. Braidwood Management, Inc. upheld the structure of the U.S. Preventive Services Task Force (USPSTF, or “Task Force”), overturning a Fifth Circuit decision that had ruled that the… more
Affordable Care Act, Appointments Clause, Constitutional Challenges, Department of Health and Human Services (HHS), Government Agencies
Ein kanadisches Gericht hat Air Canada zu einer Schadensersatzzahlung verpflichtet, weil ein KI-Chatbot auf der Website des Unternehmens einem Kunden falsche Informationen gegeben hatte. Für falsche Aussagen eines KI-Systems… more
Artificial Intelligence, Innovative Technology, Liability, Machine Learning, Technology Sector
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
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
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
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
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
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
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
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
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
On June 9, 2025, Oregon enacted Senate Bill 951, which strengthens Oregon’s existing prohibition on the corporate practice of medicine (CPOM) by limiting the scope of permissible arrangements between professional medical… more
Business Entities, Contract Terms, Corporate Practice of Medicine, Healthcare, New Legislation
President Donald Trump recently issued two executive orders furthering his policy to reduce the number of federal regulations and the size of the federal workforce, both of which will affect the food and agriculture industries… more
Executive Orders, Food and Drug Administration (FDA), Government Agencies, OMB, Regulatory Agenda
On 17 June 2025, the German data protection authorities issued substantially revised guidance on technical and organizational measures for the development and operation of AI systems. Aimed at manufacturers and developers, the… more
Artificial Intelligence, Data Privacy, Data Protection, Germany, Manufacturers
The EU Cyber Resilience Act (CRA) (Regulation (EU) 2024/2847) is a pioneering piece of EU legislation that establishes mandatory cybersecurity standards for most hardware and software products made available on the EU market… more
Cybersecurity, Data Protection, Data Security, EU, Open Source Software
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
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
On February 20, the U.S. Department of State (State) designated eight cartels as Foreign Terrorist Organizations (FTOs). These designations are the latest development in the Trump administration’s realignment of the U.S… more
Department of Justice (DOJ), Economic Sanctions, Enforcement Actions, Executive Orders, Foreign Corrupt Practices Act (FCPA)
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
The Court of Appeal (CA) in WTGIL Ltd v HMRC [2025] EWCA Civ 399 considered the scope of the VAT exemption for services supplied by insurance intermediaries. The case concerned motor insurance for young drivers which required… more
Appeals, Contract Terms, HMRC, Insurance Industry, Insurance Regulations
Despite numerous national initiatives and updated EU Guidelines aimed at facilitating sustainability collaborations, significant legal uncertainties persist, especially for international ESG alliances. So the question remains:… more
Antitrust Provisions, Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Popular
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
On 10 January 2025, 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
Acquisitions, Antitrust Provisions, Competition, Corporate Counsel, Federal Trade Commission (FTC)
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
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
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, Cross-Border Transactions, Energy Policy, Energy Projects, Mining
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
Key takeaways Private Credit in Vietnam- opportunities and challenges. A significant development in the Vietnam investment landscape in recent years which facilitates the deployment of capital has been the emergence of highly… more
Capital Raising, Credit Funds, Cross-Border Transactions, Distressed Assets, Financing
Die von der Bundesregierung im Jahr 2021 geplante Novelle des Baugesetzbuches (BauGB) zur Förderung von Investitionen, Beschleunigung von Verfahren und Begrenzung von Baukosten hat große Erwartungen geschürt. Vor allem der als… more
Affordable Housing, Construction Contracts, Construction Industry, Construction Project, Germany
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
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
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
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
President Trump’s Day 1 presidential memorandum directs a top-to-bottom review of U.S. trade and economic policy and requests that his Administration provide policy recommendations with respect to: the U.S. trade deficit and the… more
China, Export Controls, International Emergency Economic Powers Act (IEEPA), National Security, Section 301
In our latest round-up of developments in ESG for UK clients, we cover the following topics: The UK’s seventh carbon budget Scottish court finds consents for new oil and gas fields were unlawful for failing to take into… more
China, Climate Change, Energy Sector, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)
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
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
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)
The Department of Justice Antitrust Division (DOJ Antitrust Division) has announced that it is launching a Whistleblower Rewards Program that will offer monetary awards to individuals who report antitrust crimes. The new… more
Antitrust Division, Antitrust Violations, Criminal Investigations, Criminal Prosecution, Leniency Programs
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)
Medical device manufacturers and distributors have come under increasing scrutiny from state licensing agencies and operating without a required license may lead to severe consequences. These can include financial penalties;… more
Business Licenses, Enforcement Actions, Government Agencies, Life Sciences, Medical Devices
The long-awaited EU anti-money laundering ("AML") Package came into force in July 2024 and will begin to apply directly to firms in scope ("obliged entities") from 10 July 2027. Regulation (EU) 2024/1624 (the “AML Regulation”)… more
Anti-Money Laundering, Compliance Management Systems, Economic Sanctions, EU, European Banking Authority (EBA)
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
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)
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
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
2024 was set to be the year of review for the Sustainable Finance Disclosure Regulation (SFDR). A number of different approaches have been suggested by the European Commission, national competent authorities and other… more
Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), EU, European Commission
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
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
As we move through 2024, significant legislative and judicial developments are shaping employment law in the Netherlands. From new compliance requirements for CO2 emissions reporting and changes to employment relationships, to… more
Artificial Intelligence, International Labor Laws, Minimum Wage, Netherlands, Reporting Requirements
A recent decision by Indonesia’s Constitutional Court has sparked diverse reactions from the business community due to its impact on the country’s manpower law, particularly around several core provisions that will influence how… more
Employee Rights, Employer Liability Issues, Employment Contract, Indonesia
The U.S. Food and Drug Administration (FDA) recently issued final guidance entitled “Conducting Remote Regulatory Assessments,” which explains the agency's plans to continue utilizing its records request authority and virtual… more
Food and Drug Administration (FDA), Manufacturers, Medical Devices, National Security, New Guidance
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
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
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
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
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
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
Reform of the appointed representatives (ARs) regime has been on the cards for some time, with an HM Treasury (HMT) call for evidence having been published as far back as December 2021. HMT has now published a policy statement… more
Consumer Protection Laws, Final Rules, Financial Conduct Authority (FCA), Financial Services Industry, HM Treasury
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
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
On 21 July 2025, the UK Government published draft legislation for the new UK carried interest regime, which is expected to come into effect from 6 April 2026. As previously announced, the draft legislation provides for carried… more
Carried Interest, Income Taxes, Investment Funds, Investment Management, New Legislation
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
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
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, Cybersecurity Maturity Model Certification (CMMC), Defense Sector, Department of Justice (DOJ)
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)
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
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
Our guide for suppliers and contracting authorities in bringing and defending public procurement challenges under the Procurement Act 2023 The Procurement Act 2023 (the “PA23”) in the United Kingdom will commence on or after 24… more
Bid Protests, Contract Terms, Government Agencies, New Legislation, Procurement Guidelines
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
Yesterday, the U.S. District Court for the Eastern District of Texas vacated the U.S. Food and Drug Administration’s 2024 rule that aimed to regulate laboratory-developed tests (LDTs) as medical devices, deciding it is outside… more
Food and Drug Administration (FDA), Laboratory Developed Tests, Medical Devices, Regulatory Authority, Regulatory Requirements
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
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
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
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
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
PS35 provides further guidance on how the Panel usually applies Rule 28 (profit forecasts and quantified financial benefits statements) in practice. Rule 28 lays out relatively stringent regulatory obligations/reporting… more
Acquisitions, Financial Markets, Mergers, Publicly-Traded Companies, Regulatory Requirements
Federal antitrust enforcement is entering a period of uncertainty in the second Trump administration. It is an open question what priorities Andrew Ferguson, the newly-appointed Federal Trade Commission (FTC) Chair, and Gail… more
Antitrust Violations, Artificial Intelligence, Competition, Department of Justice (DOJ), Enforcement Actions
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
Three months into the life of the U.S. Securities and Exchange Commission’s Crypto Task Force, the SEC staff has begun taking tangible steps to define its evolving approach to the regulation of digital assets. In a series of… more
Cryptoassets, Cryptocurrency, Digital Assets, Disclosure Requirements, Investment Contract
The way we use land and buildings is constantly evolving. In recent years, though, irrespective of where you are in the world, it has felt as if the pace of that change has been accelerating, be that to accommodate new, emerging… more
Construction Industry, Real Estate Development, Real Estate Market, UK, Urban Planning & Development
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
The enforceability of cross-border contracts may be impacted by new trade restrictions making their performance illegal. We discuss potential impacts under Singapore and English law, and tips to protect businesses. Global trade… more
Dispute Resolution, Export Controls, International Trade, Risk Management, Sanctions
On May 12, 2025, the White House issued an Executive Order (EO) entitled “Delivering Most Favored Nation Prescription Drug Pricing to American Patients.” The EO directs the Secretary of Health and Human Services (HHS) to issue… more
Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Medicaid
Proposals for securitisation reform are on the horizon in the EU and the UK. A significant package of reforms could facilitate meaningful change and allow the securitisation market to meet its full potential. Reform also risks… more
Banking Sector, Capital Markets, EU, European Commission, European Securities and Markets Authority (ESMA)
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
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
The over 65s are (by some margin) the fastest growing demographic in the UK, with the number of over 65s set to race past 17 million by 2040. With an increasingly ageing population, there is an urgent need for innovative… more
Affordable Housing, Community Development, Public Housing, Real Estate Development, Urban Planning & Development
The Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) recently announced a series of proposed merger settlement agreements that offer increased insight into how the agencies intend to use remedies… more
Anticompetitive Behavior, Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)
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
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
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
It’s been a busy start to 2025 at the Competition Appeal Tribunal, with several key cases and procedural updates shaping the landscape of UK competition litigation. In this edition of UK Competition Litigation Quarterly, our… more
Antitrust Litigation, Class Action, Class Certification, Competition, Damages
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
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
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
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
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
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
In one of the rare design cases before the CJEU, Advocate General Emiliou recently had the opportunity to clarify some fundamental requirements of protection for EU designs (Case C-323/24, Deity Shoes v Mundorama Confort and… more
Court of Justice of the European Union (CJEU), Design Applications, Design Patent, Design Registration, EU
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
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)
On 4 August 2025, the European Supervisory Authorities (ESAs) updated the consolidated Q&As on the Sustainable Finance Disclosure Regulation (“SFDR”) and SFDR RTS (the “SFDR RTS”). The ESAs have clarified how to interpret… more
Disclosure Requirements, Environmental Social & Governance (ESG), European Banking Authority (EBA), European Securities and Markets Authority (ESMA), European Supervisory Authorities (ESAs)
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
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
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
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
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
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
As artificial intelligence continues to reshape industries, understanding the evolving regulatory landscape is more critical than ever. Our APAC AI Monitor series offers in-depth analysis of key legal developments across… more
Artificial Intelligence, Asia Pacific, Data Privacy, Enforcement Actions, Japan
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
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
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
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
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
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
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
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
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
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
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
On 5 August 2024, the Agreement Among the Government of Australia, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the United States of America for Cooperation Related to Naval… more
AUKUS, Australia, Military Goods, Nuclear Power
President Trump signed an executive order that will end the de minimis customs exception for parcels valued at less than $800. On July 30, 2025, President Trump signed Executive Order 14324, “Suspending Duty-Free De Minimis… more
Appeals, Customs and Border Protection, Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA)
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
The Economic Prosperity Deal agreed between the UK and the U.S. sets out high level trade commitments and areas for further negotiation between the two countries. A series of implementing measures are described in Executive… more
Aerospace, Automotive Industry, Executive Orders, Pharmaceutical Industry, Popular
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
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
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
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
For those keeping score at home, it’s currently two wins for the IRS in as many years, and nada/zilch/zero for the fund managers, at least when it comes to the limited partner exception for self-employment taxes (the “Limited… more
Internal Revenue Code (IRC), Investment Funds, IRS, Limited Partnerships, Private Equity
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
Backup authentication methods create a vulnerability in passkey protection to adversary-in-the-middle attacks. Security protections from passkey authentication can still potentially be subverted by attackers… more
Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection, Phishing Scams
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
MinLaw’s current review of the IAA signifies efforts to strengthen the competitiveness of Singapore as a hub for international arbitration. With this year marking the 30th anniversary of the Singapore International Arbitration… more
Appeals, Arbitration Agreements, Arbitration Awards, Corruption, Dispute Resolution
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
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
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
On May 6, 2025, Indiana state enacted HB 1666, which modifies Indiana’s existing transaction law to exempt certain practitioner-owned practices, grants the Attorney General additional authority to investigate health care entity… more
Acquisitions, Health Insurance, Hospitals, Mergers, New Legislation
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
May 2024 was another busy month for ESG regulation both in the UK, EU and internationally. In the UK, the anti-greenwashing rule came into effect on 31 May 2024, an update on the Sustainability Disclosure Requirements (SDR)… more
Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA), HM Treasury
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
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
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
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
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
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
France is taking significant steps towards implementing the Digital Services Act (DSA), with new decrees laying the foundation for its national enforcement. On 3 January 2025, the French Competition and Consumer Authority… more
Competition, Consumer Protection Laws, Data Privacy, Data Protection, Digital Platforms
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
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
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
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
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
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
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
On May 21, 2025 the Federal Trade Commission (FTC) issued renewed warning letters to five companies regarding over 200 allegedly improperly-listed patents in the Food and Drug Administration (FDA)’s Orange Book. Announcing the… more
Antitrust Violations, Drug Pricing, Enforcement Actions, FDA Approval, FTC Act
After assuming office, the Trump administration acted swiftly to roll back allegedly illegal diversity, equity, and inclusion (DEI) policies. On January 21, 2025, President Trump signed an Executive Order titled “Ending Illegal… more
Civil Rights Act, Diversity and Inclusion Standards (D&I), Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Executive Orders
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)
Clean Energy, Energy Policy, Energy Projects, Energy Sector, Innovative Technology
Asartificial intelligence continues to reshape industries, understanding the evolving regulatory landscape is more critical than ever. Our new APAC AI Watch series offers in-depth analysis of key legal developmentsacross… more
Artificial Intelligence, Asia Pacific, Enforcement Actions, Hong Kong, New Legislation
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
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
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
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
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
HM Treasury has confirmed its approach to the regulation of Buy-Now Pay-Later (BNPL) lending in its response to the October 2024 consultation. On 19 May 2025, Government also laid draft legislation before Parliament. Given… more
Borrowers, Buy Now Pay Later (BNPL), Financial Conduct Authority (FCA), Financial Services Industry, HM Treasury
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
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
On 14 November 2024, the Chancellor delivered her inaugural Mansion House speech, announcing plans to promote UK economic growth through reforms to the financial services sector. Most pertinently for UK equity capital markets,… more
Defined Contribution Plans, Employee Benefits, Financial Conduct Authority (FCA), Pension Schemes, Pensions
A report issued on 11 February 2025 by the evaluation mission of the Egalim 2 law has evidenced that it is not possible at this stage to conclude on the economic effectiveness of the measures introduced by the law to protect the… more
Agribusiness, Agricultural Sector, Contract Terms, France, Regulatory Reform
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
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)
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
On March 24, 2025, Virginia Governor Glenn Youngkin signed Senate Bill 1218 into law, expanding the Commonwealth’s restrictions on non-competition agreements. Effective July 1, 2025, Virginia employers will be prohibited from… more
Employee Rights, Employer Responsibilities, Exempt-Employees, Fair Labor Standards Act (FLSA), New Legislation
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
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
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
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
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
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
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
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
On remand, the District Court held that individual questions predominated regarding whether individuals incurred reasonable expenses or spent time in mitigation of fraudulent charges or data posting, and denied class… more
Class Action, Class Certification, Cybersecurity, Damages, Dark Web
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
On 5 July 2024, the Abu Dhabi Global Market (ADGM) brought into force enhanced protections for whistleblowers. Under the Whistleblower Protection Regulations 2024 (the “Protection Regulations”), ADGM employers must implement… more
Corporate Governance, Enforcement Actions, Penalties, Policies and Procedures, Retaliation
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
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
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
New York employers should prepare for a series of new and updated laws set to take effect in 2025. These changes will affect paid leave, wages, and workplace safety among other things. Paid leave: Prenatal leave, paid family… more
Employee Benefits, Employment Policies, Minimum Wage, New York, Paid Leave
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
This issue of Trademark Insight once again contains some noteworthy decisions from recent months. Of particular interest are the decisions on the legal concept of complex likelihood of confusion (komplexe Verwechslungsgefahr)… more
EU, European Union Intellectual Property Office (EUIPO), Germany, Intellectual Property Protection, Likelihood of Confusion
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
The resolution sets a political agenda for tougher enforcement of EU rules on product safety, consumer protection, VAT and customs in cross-border e-commerce. It signals imminent legislative reforms and, for instance, calls on… more
Consumer Protection Laws, Cross-Border Transactions, E-Commerce, Enforcement Actions, EU
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
The Prevention of Bribery Ordinance (Amendment of Schedules 1 and 2) Order 2025 (“Amendment Order”) has amended the Hong Kong Prevention of Bribery Ordinance (“POBO”) to include four new “public bodies” and two new categories of… more
Anti-Corruption, Bribery, Corporate Governance, Financial Institutions, Government Agencies
On 23 January 2025, the Luxembourg Parliament adopted in its first constitutional vote the law bill no. 8053 implementing the Directive (EU) 2019/2121 of the European Parliament and of the Council as regards cross-border… more
Business Entities, Corporate Governance, Corporate Structures, EU, Luxembourg
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
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
With the introduction of the Data Sharing Act 2025 (the “Act”), Malaysia has formalised the rules governing the sharing of data between its public sector agencies. Designed to foster greater collaboration and efficiency, the Act… more
Compliance, Data Management, Data Security, Data-Sharing, National Security
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)
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
What is digital accessibility? At its core, digital accessibility aims to ensure that digital products and services are accessible to all, including those who experience physical, hearing, vision, speech or physical… more
Disability Discrimination, EU, UK, Website Accessibility
Protecting our planet by making products on the EU market more sustainable and circular: This is the main objective of the new Ecodesign for Sustainable Products Regulation ("ESPR"), which has come into force on 18 July 2024 and… more
Climate Change, Corporate Counsel, EU, Right to Repair, Sustainability
The last two mandatory compliance dates under the SEC’s amendments to Exchange Act Regulation 13D-G adopted in October 2023 are fast approaching. We discussed the amendments in our SEC Update available here. Beginning on… more
Beneficial Owner, Reporting Requirements, Schedule 13D, Schedule 13G, Securities and Exchange Commission (SEC)
The Singapore Exchange (SGX) expects issuers to manage global sanctions risk, not just the risk from Singapore-imposed sanctions. Sanctions risks need to managed on a group-wide basis, including subsidiaries and affiliates not… more
Corporate Governance, Economic Sanctions, Enforcement Actions, Export Controls, Initial Public Offering (IPO)
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
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
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
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
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
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
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
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
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
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
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
Below is our Corporate / M&A decisions update covering decisions in the second quarter of 2024. Decisions from the Delaware Court of Chancery this quarter included further development of the jurisprudence around the validity of… more
Acquisitions, Board of Directors, Breach of Duty, Fiduciary Duty, Mergers
Key takeaways FinCEN and Treasury announce that there will be no enforcement for failure to file beneficial ownership information reports with FinCEN by the March 21 deadline. Treasury announced intention to narrow the scope of… more
Beneficial Owner, Corporate Transparency Act, Filing Requirements, FinCEN, Proposed Rules
2025 was set to be the year of bedding in EU ESG regulation after a few years of making it. But instead it looks like there may be changes afoot. “Competitiveness” and “cutting the red tape” are the words on everyone’s lips but… more
Corporate Governance, Environmental Policies, Environmental Social & Governance (ESG), EU, European Commission
The updated Directive aims to modernize the existing liability regime, in particular in the light of past and future technological developments as well as the challenges faced by plaintiffs in proving a claim. According to the… more
EU, EU Directive, European Commission, Manufacturers, Product Defects
The Ninth Circuit’s recent decision in Island Industries Inc. v. Sigma Corporation, coupled with recent government pronouncements concerning trade enforcement, are likely to drive an increase in customs fraud FCA investigations… more
Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud
The Financial Conduct Authority (the FCA) has published a consultation on debt offerings to retail investors which proposes to introduce a single disclosure standard for debt prospectuses, removing the current distinction… more
Capital Markets, Debt Securities, Disclosure Requirements, Financial Conduct Authority (FCA), Financial Services Industry
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)
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
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
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
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
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
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
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
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
The High Court in London has given judgment on three key preliminary issues in a claim brought by former customers of Northern Rock, whose mortgages and loans were acquired by TSB Bank. The Court found in favour of TSB on all… more
Consumer Financial Products, Financial Services Industry, Mortgage Lenders, Mortgages, UK
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)
The June 28, 2024 U.S. Supreme Court decision in Loper Bright Enterprises v. Secretary of Commerce overruled the administrative-law doctrine known as “Chevron deference”, which had been in place since 1984. The decision marks a… more
Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority
The recently approved Telecoms Law introduces new categories of regulated entities and imposes additional regulatory burdens on the industry. Four groups stand out among the newly regulated parties. First, digital platforms… more
Advertising, Broadcasting, Digital Platforms, Government Agencies, Mexico
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
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
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
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
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
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
The U.S. Food and Drug Administration (FDA) recently published its long-awaited draft guidance on considerations for the use of artificial intelligence (AI) to support regulatory decision-making for drug and biologics, which… more
Artificial Intelligence, Biologics, Clinical Trials, Food and Drug Administration (FDA), Life Sciences
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)
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
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
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
On 9 July 2025, the European Commission (EC) issued its first-ever comfort letters under the 2022 Notice on Informal Guidance. One letter endorses a joint licensing initiative for standard essential patents (SEPs) in the… more
Automotive Industry, Competition, Environmental Policies, EU, Patents
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
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
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
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)
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
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
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 des mois de juillet et août 2024… more
Artificial Intelligence, France, Insurance Industry, Intellectual Property Protection, Life Insurance
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)
This is the June 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: Launch… more
Domain Name Registration, Domain Names, gTLD, ICANN, Sunrise Periods
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
In the face of rising cybercrime, end-to-end encryption has become a point of tension between the protection of secrets, public security, and technological sovereignty. At stake: preserving encryption as a safeguard for… more
Cybersecurity, Data Protection, Encryption, EU, National Security
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
The German Customs Authority ("Zoll") recently conducted a large-scale enforcement action, targeting undeclared work, illegal employment, and potential minimum wage violations on construction sites across the country. This… more
Audits, Construction Industry, Enforcement Actions, Foreign Workers, Labor Law Violations
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
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
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
London Tech Week 2024 took place on 10-14 June this year. Our attendees, Daniel Lee, Robert Fett and Telha Arshad, observed some key themes throughout the event, including the UK’s robust position as an investment hub for… more
Artificial Intelligence, Buy Now Pay Later (BNPL), Financial Services Industry, UK
On July 30, 2025, the President's Working Group on Digital Asset Markets released its much anticipated report setting out recommendations concerning the regulation of digital assets in the United States… more
Banking Sector, Blockchain, CFTC, Cryptocurrency, Decentralized Finance (DeFi)
The Securities and Futures Commission (SFC) of Hong Kong has introduced new guidelines on market soundings, which are set to take effect on 2 May 2025. The guidelines aim to enhance transparency and ensure the integrity of… more
Block Trades, Disclosure Requirements, Hong Kong Securities and Futures Commission (HKSFC), Hong Kong Stock Exchange, Intermediaries
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
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
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
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
"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
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
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
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
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
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
The U.S. Department of Justice (DOJ) has finalized its rule on “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons,” which restricts data brokerage… more
Clinical Trials, Data Privacy, Data Protection, Data Security, Department of Justice (DOJ)
At a time of marked geopolitical uncertainty, governments around Europe are committing to meaningful increases in defence spending, whilst also looking to private capital and investment to supplement public funds. This in turn… more
Acquisitions, Defense Sector, EU, Foreign Direct Investment, France
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
Z ponad dwuletnim opóźnieniem, Polska implementowała dyrektywę (UE) 2019/1937 z dnia 23 października 2019 r. w sprawie ochrony osób zgłaszających naruszenia prawa Unii. Ustawa o ochronie sygnalistów wejdzie w życie 25 września… more
Data Protection, Personal Data, Poland, Whistleblower Protection Policies, Whistleblowers
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
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
Numerous jurisdictions across the globe are developing their own cryptoasset regulatory frameworks—the UK is no exception. Cryptoasset businesses overseas looking to enter the UK market, or to offer services to customers in the… more
Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, Financial Conduct Authority (FCA)
California Senate Bill No. 940, which became effective January 1, 2025, places significant restrictions on arbitration provisions affecting California consumers. Under the law, consumers may void contractual provisions that… more
Arbitration, Arbitration Agreements, Attorney's Fees, California, Consumer Protection Laws
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
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
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
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
The Singapore Anti-Money Laundering and Other Matters Act 2024 (the “Act”), which came into effect at the end of 2024, concluded a year of legislative developments in Singapore that were aimed at strengthening the country’s… more
Anti-Money Laundering, Criminal Prosecution, Enforcement Actions, Environmental Crimes, Financial Crimes
On 12 June 2025, the French data protection authority (CNIL) launched a public consultation on a draft recommendation regarding the use of tracking pixels in emails. This recommendation roughly assimilates pixels and any… more
CNIL, Consent, Data Privacy, Data Protection, Email
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
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
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
L’équipe Financement de Projet 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, notamment dans le domaine des… more
France, Infrastructure, Public Contracts, Public Projects
Eine Novellierung der § 37 Abs. 4 BetrVG und § 78 BetrVG soll für mehr Rechtssicherheit bei der Vergütung von Betriebsräten sorgen. Am 28. Juni 2024 hat der Bundestag einstimmig den „Entwurf eines Zweiten Gesetzes zur Änderung… more
Discrimination, Employer Liability Issues, Germany, International Labor Laws
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
The Crown Prosecution Service (CPS) and Serious Fraud Office (SFO) have overhauled their Corporate Prosecutions guidance – clarifying how prosecutors will handle charges, forum and case strategy going forward. The previous… more
Bribery, Criminal Prosecution, Enforcement Actions, Failure to Prevent, Financial Crimes
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
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
To foster a more competitive and favourable investment environment for funds and family offices, the Financial Services and Treasury Bureau issued a consultation paper (the “Consultation Paper”) in November 2024 outlining the… more
Asset Management, Carried Interest, Financial Services Industry, Hong Kong, Investment
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
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
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
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
The Bank Resolution (Recapitalisation) Act 2025 (Act) received Royal asset on 15 May 2025. Although deceptively short and dependant on the passing of further regulations in order to come into effect, it introduces significant… more
Bank of England, Banking Sector, Banks, Financial Conduct Authority (FCA), Financial Institutions
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
We delve into updated guidance published on July 17, 2024, by the U.S. Patent and Trademark Office (USPTO) on patent subject matter eligibility for artificial intelligence (AI) related inventions. The guidance was issued… more
Artificial Intelligence, Intellectual Property Protection, Inventions, Inventors, Patents
Following a public consultation, IVASS has finalized the technical rules implementing Italy's new Insurance Arbitrator, an out-of-court dispute resolution system aimed at enhancing consumer protection in the insurance sector… more
Appeals, Consumer Protection Laws, Disclosure Requirements, Dispute Resolution, Final Rules
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
On June 16, 2025, the U.S. Department of Justice (DOJ) publicly announced that it had declined to prosecute White Deer Management LLC (White Deer) and certain affiliates for violations of sanctions law and related conduct. This… more
Department of Justice (DOJ), Economic Sanctions, Export Controls, National Security, Non-Prosecution Agreements
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
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
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
This is the July/August 2025 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… more
Cyber Crimes, Cybersecurity, Domain Name Registration, Fake Websites, gTLD
The launch of the Global Cross Border Privacy Rules (CBPR) and Privacy Rules for Processors (PRP) systems on June 2, 2025 offers a framework to manage increasingly difficult standards for global data privacy governance… more
Consumer Privacy Rights, Cross-Border, Data Privacy, Data Protection, International Data Transfers
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
The Shareholder Rule is a legal doctrine under which a company is generally precluded from asserting legal professional privilege to withhold documents from a shareholder in the course of litigation involving both the company… more
Appeals, Business Entities, Business Litigation, Discovery, Hong Kong
El pasado 3 de octubre de 2024 se publicaron en la Gaceta Oficial de la Ciudad de México reformas relevantes a la Ley para la Reconstrucción Integral de la Ciudad de México (en lo sucesivo la "LRICDMX"), la Ley de Vivienda para… more
Housing Developers, Mexico, Rental Property, Tourism
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
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
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
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
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
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
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
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
The Ministry of Labour and Social Policies provides the first operational indications regarding the changes introduced by Law no. 203 of 13 December 2024 (so-called “Collegato lavoro”). In particular, the Ministry has provided… more
Employee Rights, Employer Responsibilities, Employment Policies, Hiring & Firing, Labor Regulations
In Gunderson v. The Trade Desk, Inc., the Delaware Court of Chancery held that a company’s conversion pursuant to Section 266 of the Delaware General Corporation Law (DGCL) did not require a supermajority vote because that… more
Board of Directors, Business Entities, Business Litigation, Conversion, Corporate Conversions
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
In our latest round-up of developments in ESG for UK clients, we cover the following topics: EU approves 12 month delay to deforestation legislation Guiding banks towards sustainable futures: UNEP FI’s new guidance IFRS… more
Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions, IFRS
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)
In a judgment of 30 July 2025, the Higher Regional Court of Munich sentenced a former member of the Bundestag to a suspended sentence of nine months and a fine of EUR 10,000 for bribery of Council of Europe parliamentarians… more
Anti-Bribery, Azerbaijan, Bribery, Criminal Convictions, Criminal Prosecution
On 21 May 2025 the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht - BaFin) has launched a consultation (GZ: WA 35-Wp 5427/00001#00554; available here (in German only)) prior to… more
BaFin, Consumer Protection Laws, Financial Services Industry, Germany, Investor Protection
Jacqueline Mailly and Anastasia Vernikou of Hogan Lovells and Grégoire Paquet outline the details of the EU regulation introducing a ban on Bisphenol A (BPA) in food contact materials and its implications for industry. On 20… more
BPA, EU, Food Safety, Manufacturers, Public Health
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
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
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
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
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
On January 20, 2025, President-elect Donald Trump will assume office, ushering in significant changes across U.S. federal agencies, including the Securities and Exchange Commission (“SEC”). With the exit of SEC Chairman Gary… more
Cryptocurrency, Digital Assets, Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG)
The Court of Justice of the European Union (CJEU) reinforces the liability of the distributor in claims for damages caused by defective products in cases of identity between the name of the distributor and the brand it… more
Consumer Litigation, Consumer Protection Laws, Court of Justice of the European Union (CJEU), Distributors, EU
A recent judgment of the English court obtained by Madison Pacific Trust Limited, represented by Hogan Lovells, demonstrates that the English courts are prepared to exercise their substantial coercive powers against recalcitrant… more
Arbitration, Arbitration Agreements, Trustees, UK
The Priority Watch List is a designation used by the United States Trade Representative (USTR) as part of its annual Special 301 Report. This report evaluates every year the state of Intellectual Property (IP) protection and… more
Copyright, Copyright Infringement, Economic Sanctions, Enforcement, Intellectual Property Protection
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)
Last week, Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. announced an impending reduction in force (RIF) of approximately 10,000 positions, including about 3,500 Food and Drug Administration (FDA) employees… more
Department of Health and Human Services (HHS), Employees, Food and Drug Administration (FDA), Government Agencies, Hiring & Firing
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
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
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
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)
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
On 8 October 2024, the European Data Protection Board (“EDPB”) issued draft Guidelines 1/2024 concerning the processing of personal data based on legitimate interests under Article 6(1)(f) of the GDPR (“Guidance”), which build… more
Cybersecurity, Data Protection, EU, European Data Protection Board (EDPB), General Data Protection Regulation (GDPR)
The Luxembourg Stock Exchange (“LuxSE”) introduced a new platform, the Euro MTF Specialist Securities Segment (“EM3S”), on which issuers are able to offer more sophisticated securities to professional investors while being less… more
Capital Markets, Disclosure Requirements, Financial Instruments, Luxembourg Stock Exchange
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
On June 18, 2025 the Department of Energy (“DOE”) issued a Request for Application (“RFA”) for a Reactor Pilot Program to construct and operate advanced nuclear reactors outside of the National Laboratories. This program is in… more
Department of Energy (DOE), Energy Policy, Energy Projects, Executive Orders, Federal Funding
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
The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and… more
Appellate Courts, Breach of Contract, Class Action, Consumer Protection Laws, Contract Disputes
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
La Circular Modificatoria 2/24 de la Única de Seguros y Fianzas, publicada el 5 de junio en el Diario Oficial de la Federación, obliga a las Instituciones y Sociedades Mutualistas en México a integrar criterios Ambientales,… more
Environmental Social & Governance (ESG), Insurance Industry, Mexico, Sustainability
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
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
In 2016, Italy introduced a new form of security on moveable goods, which does not require the debtor to surrender the goods to the creditor or a custodian. Instead, it requires the pledgor to register the goods in a digital… more
International Tax Issues, Italy, Tax Code, Tax Planning
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
With new authority to regulate broadband internet access service (BIAS) providers following reclassification of BIAS as a Title II service under the Communications Act, the Federal Communications Commission (FCC) advanced a… more
Broadband Internet Access Services (BIAS), Comment Period, FCC, Reporting Requirements
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
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)
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
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
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
In a recent decision the Board of Appeal of the European Patent Office (EPO) has for the first time addressed the use of AI to support arguments on claim interpretation, in this case deciding that ChatGPT cannot be used as a… more
Appeals, Artificial Intelligence, Claim Construction, EU, European Patent Office
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
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)
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
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
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
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
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
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
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
On 19 March 2025, the European Data Protection Board published an updated procedure for co-operation between EU data protection supervisory authorities approving GDPR Binding Corporate Rules for intra-group transfers of EU… more
Binding Corporate Rules, Data Protection, EU, European Data Protection Board (EDPB), General Data Protection Regulation (GDPR)
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
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
The overnight abolition of the DIFC-LCIA in September 2021 will be familiar to many. Although the UAE's arbitration landscape is well-serviced by other arbitral institutions in Dubai and Abu Dhabi, questions remained over how… more
Arbitration, Arbitration Agreements, DIFC, International Arbitration, LCIA
The European Banking Authority (EBA) has published a Report on the direct provision of banking services from third countries under the new Capital Requirements Directive (CRD6). Its conclusions are that proposed exemption under… more
Banking Sector, Capital Requirements, EU, Financial Institutions, Regulatory Requirements
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
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
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
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
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
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
The new interim final rule imposes new global licensing requirements for ECCNs 3A090.a, 4A090.a, and corresponding .z items; controls for closed AI model weights; updated data center validated end-user authorizations; revisions… more
Artificial Intelligence, Bureau of Industry and Security (BIS), ECCNs, Export Administration Regulations (EAR), Export Controls
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
In October 2024, a new draft for a German Employee Data Act (Beschäftigtendatengesetz) was published. The draft aims on a comprehensive regulation of the processing of employee data prior, during, and after the termination of… more
Data Privacy, Data Protection, Employer Liability Issues, Germany, International Labor Laws
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
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
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
The Hangzhou Internet Court recently found a Chinese AI platform liable for contributory copyright infringement, after the platform allowed users to create, apply and share models enabling the AI generation of variations on… more
Algorithms, Appeals, Artificial Intelligence, China, Contributory Infringement
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
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
In re Fox Corporation/Snap Inc. Section 242 Litigation, the Delaware Supreme Court ruled that corporations do not need to seek votes from each separate stockholder class to approve charter amendments exculpating corporate… more
Breach of Duty, Duty of Care, Exculpatory Clauses, Shareholder Litigation, Shareholders
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
In our previous Comparative Guide, we explored innovations in private forms of digital money and money-like instruments available to retail customers, including fiatreferencing stablecoins, e-money and tokenised deposits. As the… more
Bank of England, Blockchain, Digital Assets, Digital Currency, Distributed Ledger Technology (DLT)
In the past several years, the U.S. Department of Justice (DOJ) has been pursuing a variety of strategies to increase the number of corporate criminal prosecutions. As Assistant Attorney General Nicole Argentieri, chief of DOJ’s… more
Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Non-Prosecution Agreements
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
On February 21, 2025, President Trump issued a National Security Presidential Memorandum entitled the “America First Investment Policy” (“NSPM-3”) that outlines the Administration’s national security priorities with respect to… more
Artificial Intelligence, CFIUS, China, Executive Orders, Foreign Investment
Once the dust settled after the marathon legislative efforts resulting in the passage of the One Big Beautiful Bill Act of 2025 (“OBBBA”), the real estate community collectively exhaled and began to parse through and unpack some… more
Community Development, Economic Development, New Legislation, Opportunity Zones, Real Estate Development
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
The Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) that would expand its Telephone Consumer Protection Act (TCPA) rules for callers when they use AI technologies to place calls or… more
Disclosure Requirements, FCC, Robocalling, TCPA, Telecommunications
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
Investments in clubs in German soccer are attractive for investors and clubs even under the 50+1 rule; the investor and the soccer club should be a suitable match; there are a number of legal structuring options for organizing a… more
Business Entities, Corporate Governance, Corporate Taxes, Financial Markets, Germany
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
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
The proposed recast of European pharmaceutical law includes novel requirements to combat medicines shortages. Medicines shortages are a hot topic in the EU. Several stricter obligations for marketing authorization holders as… more
Drug Pricing, EU, New Legislation, Pharmaceutical Industry, Prescription Drugs
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
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
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
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
California has established itself at the forefront of climate change disclosures with the recent adoption of two laws: the Climate Corporate Data Accountability Act (SB 253), requiring covered entities to disclose greenhouse gas… more
California, CARB, Climate Change, Disclosure Requirements, Greenhouse Gas Emissions
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
The FCA has published a report on private market valuation practices, after recently indicating that this area will be one of its supervisory priorities this year. Managers and advisers involved with private assets (in… more
Conflicts of Interest, Corporate Governance, Financial Conduct Authority (FCA), Financial Services Industry, Investment Funds
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
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
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
CUOTAS SINDICALES. NO CONSTITUYEN UN GASTO ESTRICTAMENTE INDISPENSABLE, LAS QUE UN CONTRIBUYENTE SE OBLIGA A COOPERAR SOLIDARIAMENTE CON EL SINDICATO, CON LA FINALIDAD DE CONTRIBUIR EN LOS PROGRAMAS SOCIALES DE ÉSTE… more
Employment Contract, Income Taxes, Mexico, Unions
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
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
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
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
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
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
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
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
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)
The U.S. Food and Drug Administration (FDA) issued this week three guidance documents related to clinical trials: a draft guidance on multiregional trials in oncology, a draft guidance on integrating randomized controlled trials… more
Clinical Trials, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry, Popular
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
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
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
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)
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
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
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
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
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)
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)
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
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
This article provides a short summary of the election outcome and outlines the implications for business regulation. The 2024 EU Parliament elections marked a significant political shift to the right in all jurisdictions,… more
Business Operations, Election Results, EU, Italy
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
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
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
Life Sciences, Manufacturers, Medical Devices, Pharmaceutical 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
Acquisition Agreements, EU, Foreign Direct Investment, Foreign Investment, Investment
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
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
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
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
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
The UK government’s support for onshore wind farms as part of its broader strategy to combat climate change and transition to greener renewable energy sources has fluctuated over recent years however it looks to be firmly back… more
Clean Energy, Climate Change, Energy Policy, Energy Sector, Environmental Policies
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
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
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
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
On October 24, 2024, the District Court for the Southern District of New York granted the Federal Trade Commission (“FTC”)’s request for a preliminary injunction to halt the merger between Tapestry, Inc. (“Tapestry”) and Capri… more
Antitrust Provisions, Federal Trade Commission (FTC), Merger Agreements, Mergers
On 4 October 2024, the Court of Justice of the European Union (CJEU) published its long-awaited judgement in case C-621/22 (KNLTB), which clarifies that purely commercial interests may not be categorically excluded from… more
Court of Justice of the European Union (CJEU), Cybersecurity, Data Privacy, Data Protection, Data Protection Authority
The European Commission's new efforts to boost the EU's competitiveness through the Clean Industrial Deal and sweeping regulatory simplification have garnered significant attention. At the same time, circularity remains a core… more
Circular Economy, Compliance, Due Diligence, EU, Manufacturers
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
In recent years, there has been a notable lack of new capital investment in greenfield energy projects in Vietnam as the market has been awaiting regulatory reforms. On 16 September 2024, the Government of Vietnam enacted Decree… more
Energy Sector, Investment, Investors, Power Purchase Agreements, Public Private Partnerships (P3s)
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
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
The CBI’s Consumer Protection Code was first introduced in 2006 and has been heavily amended in the intervening years. The Code is designed to ensure that financial service providers operate in a manner that is fair,… more
Advertising, Central Bank of Ireland, Consumer Protection Laws, Financial Institutions, Financial Regulatory Reform
As with the European Parliament’s April 2024 adopted texts, the Council of the EU’s proposed amendments to the European Commission’s June 2023 legislative proposals touch on some significant areas of interest for payment service… more
Consumer Protection Laws, EU, Financial Services Industry, FinTech, Fraud
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
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
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)
The UK Home Office has published an updated version of Transparency in Supply Chains (TISC), A Practical Guide which provides guidance on how organisations should “comply with the letter and spirit” of corporate reporting… more
Disclosure Requirements, Due Diligence, Enforcement, Modern Slavery Act, New Guidance
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
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
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
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
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
Changes to concepts including Compliance Officer and Controlling Beneficiary of the Federal Law for the Prevention and Identification of Operations with Illicit Resources (by its acronym in Spanish – LFPIORPI) also known as… more
Anti-Money Laundering, Audits, Financial Crimes, Real Estate Development, Reporting Requirements
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
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
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
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
As the EU Corporate Sustainability Due Diligence Directive (CS3D), recently approved by the Council of the European Union, has just been published in the Official Journal of the European Union, it has been suggested by some that… more
Climate Change, Corporate Governance, Due Diligence, Reporting Requirements, Sustainability
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
On May 1, 2025, additional cybersecurity requirements introduced by the Second Amendment to the New York Department of Financial Services (NYDFS) Cybersecurity Regulation (23 NYCRR Part 500) (the “Second Amendment”) took effect… more
Cybersecurity, Data Security, Financial Institutions, Financial Services Industry, New Regulations
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
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
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)
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
Hogan Lovells and Teneo have worked together to produce the first in a series of articles aimed at helping regulated firms (and particularly those that hold client money and safe custody assets) better understand the rules that… more
Asset Management, Custodians, Financial Conduct Authority (FCA), Financial Institutions, Insolvency
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)
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
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
Following measures introduced under the Financial Services and Markets Act (FSMA) 2023, the Financial Conduct Authority (FCA) has published a policy statement (PS24/8) setting out the final rules for its new access to cash… more
Final Rules, Financial Conduct Authority (FCA), HM Treasury, UK
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
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
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
On 17 September 2024, European Commission President-elect Ursula von der Leyen presented to the European Parliament her proposed team of Commissioners-designate together with their portfolios for the next European Commission… more
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
There are few high-standard investment agreements in force between the United States and major commercial centers. However, Singapore and the United States have a high-standard trade and investment agreement, the U.S.-Singapore… more
Foreign Direct Investment, Free Trade Agreements, Investment, Investors, Singapore
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)
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
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
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)
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
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
Aerospace, Cybersecurity, Defense Sector, Department of Justice (DOJ), DFARS
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
Ever since the Supreme Court held, in Philipp v Barclays Bank plc1(Philipp), that claims based on the Quincecare duty against the payment services provider (PSP) which paid the funds away were not open to victims of authorised… more
Appeals, Banks, Breach of Contract, Derivatives, Financial Conduct Authority (FCA)
On 14 January 2025, the Bank of England ("BoE") published a design note outlining its current thinking relating to the design of a digital pound (the "Design Note") and a progress update summarising the BoE’s work on developing… more
Bank of England, Banks, Blockchain, Digital Assets, Digital Currency
On 15 July 2025, the Financial Conduct Authority (FCA) published its final rules for the new UK public offers and admissions to trading regime which will take effect on 19 January 2026, replacing the current EU-derived… more
Capital Markets, Disclosure Requirements, Equity, Financial Conduct Authority (FCA), Listing Rules
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)
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
This article outlines the four key implications for Hungary following the 2024 EU Elections. The 2024 EU Parliament elections, which were held together with local government elections, have reshaped the political map in… more
Election Results, EU, General Elections, Member State
India’s Ministry of Electronics and Information Technology (MeitY) released in June 2025 a Business Requirement Document for Consent Management Under the DPDP Act, 2023 (BRD). The BRD, while not legally binding, provides… more
Consent, Data Collection, Data Privacy, Data Protection, India
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
Following the FCA’s January 2025 response to the government’s request for ideas to support its growth mission for the UK economy, the FCA has now published an engagement paper seeking feedback on the different ways that it could… more
Consumer Financial Products, Digital Wallets, Financial Conduct Authority (FCA), Financial Regulatory Reform, FinTech
On 17 July 2024, the King’s Speech and associated background briefing notes were presented and published. These contain a summary of the new government’s plans, including a number of proposed bills which could be of particular… more
Banking Sector, Banks, Financial Services Industry, Pension Schemes, UK
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
The U.S. Food and Drug Administration (FDA) recently finalized its March 2024 select updates to its guidance "Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions” (“Premarket… more
Cybersecurity, Food and Drug Administration (FDA), Manufacturers, Medical Devices, New Guidance
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
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)
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
New Listing Rules come into force on 29 July 2024, implementing long-awaited reforms to the UK’s Listing Regime. The changes, which some have billed ‘radical’, form a critical component of the Government’s wider workstream to… more
Corporate Governance, Disclosure Requirements, Financial Conduct Authority (FCA), UK
Con sentenza n. 2615 del 4 marzo 2024 il Tribunale di Roma, sezione lavoro, ha confermato la correttezza dell’accertamento ispettivo della Fondazione Enasarco secondo la quale l’influencer che, sui propri profili, promuove… more
Influencers, Italy, Marketing, Social Media
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
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
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
The UK’s Financial Conduct Authority (FCA) has published Policy Statement PS25/5, Our Enforcement Guide and greater transparency of our enforcement investigations, setting out the changes it is making to its Enforcement Guide… more
Disclosure Requirements, Enforcement, Enforcement Actions, Financial Conduct Authority (FCA), Financial Services Industry
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
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
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
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
The new EU design legislation has just been published in the EU Official Journal and will enter into force on 8 December 2024, after almost a decade of preparatory and legislative work. The aim of the new EU design… more
Design Patent, EU, Intellectual Property Protection, Member State, Patent Infringement
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
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
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
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
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
As we have seen in the first article of our series, trademarks play an important role in the protection of your pharmaceutical and life science products and can add significant value. But to understand the benefits but also the… more
EU, European Commission, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Life Sciences
The United Kingdom (UK), France, and Switzerland announced on 20 March 2025 that they have jointly launched the International Anti-Corruption Prosecutorial Taskforce to combat complex international white-collar crime. The… more
Anti-Corruption, Bribery, Enforcement Actions, Foreign Corrupt Practices Act (FCPA), France
In Chen v. Lyft, the U.S. District Court for the District of Northern California dismissed a federal securities class action lawsuit alleging that a typo in a press release from Lyft constituted securities fraud. The press… more
California, EBITDA, Misleading Statements, Motion to Dismiss, Press Releases
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
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)
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
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
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
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
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
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
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
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
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)
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
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
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
The UK and India have concluded talks on a free trade agreement. Although the text of the free trade agreement has not been released, the UK Government’s “summary of conclusions“ provides insights regarding the wide range of… more
Data Protection, Exports, Free Trade Agreements, Imports, India
The states of Texas and Louisiana have each enacted first-of-their-kind warning or notice labeling requirements for food ingredients, both of which pose significant issues of concern related to the First Amendment and federal… more
First Amendment, Food Labeling, Food Manufacturers, Food Safety, Louisiana
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
Last month, the US Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) published an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims… more
Agricultural Sector, Food Labeling, Food Safety, Food Safety and Inspection Service (FSIS), Labeling
Just under two weeks ago, we reported the Court of Appeal had awarded AstraZeneca (AZ) a preliminary injunction in the UK against Glenmark’s generic dapagliflozin (dapa) product for type II diabetes, until the hearing following… more
Appeals, Generic Drugs, Intellectual Property Litigation, Litigation Strategies, Patent Litigation
The long-awaited Valletoux decree regularizes the exclusion of health cooperation groups for the ownership of certain health care activities’ authorizations in France, resulting from the 2022 reform of health care activities… more
Health Care Providers, Healthcare, Healthcare Facilities, Medical Devices, Public Health
In the EU, the AI Act has been approved, carrying significant implications for medical device, technology, and pharmaceutical firms. In the US, there is no comprehensive federal AI legislation, but at least 45 states have… more
Artificial Intelligence, Clinical Trials, EU, Food and Drug Administration (FDA), Medical Devices
On 2 June 2025, the European Commission (“Commission”) delivered a decision fining Delivery Hero and Glovo a total of EUR 329 million for participating in a cartel in the online food delivery sector. It is the first time the… more
Acquisitions, Antitrust Violations, Cartels, Competition Authorities, Enforcement Actions
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
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
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)
With global tensions rising, data threats growing and regulators sharpening their teeth, 2025 is proving to be a significant year for legal and compliance teams across the Middle East. From secondary sanctions exposure to… more
Anti-Corruption, Corporate Counsel, Corporate Governance, Dispute Resolution, Economic Sanctions
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
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
Die Bundesregierung hat sich am 5. Juli 2024 unter dem Titel „Wachstumsinitiative – neue wirtschaftliche Dynamik für Deutschland“ auf ein Maßnahmenpaket verständigt, das der deutschen Volkswirtschaft umgehend mehr Dynamik geben… more
Data Protection, Employer Liability Issues, Germany, International Labor Laws, Pensions
The Federal Trade Commission (FTC) is currently facing a growing number of challenges related to the constitutionality of the agency’s structure and operation. One of these challenges was raised by current FTC Commissioner—and… more
Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Constitutional Challenges, Federal Trade Commission (FTC)
The UK Medicines and Healthcare products Regulatory Agency (MHRA) has published its responses to the consultation on Medical Device Regulations: Routes to market and in vitro diagnostic devices carried out last year. Proposals… more
Diagnostic Tests, EU, Health Care Providers, International Harmonization, Life Sciences
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
In Seven County Infrastructure Coalition v. Eagle County, the Supreme Court fundamentally altered the nature of judicial review of agency decisions involving Environmental Impact Statements (EISs) under the National… more
Chevron Deference, Energy Projects, Environmental Impact Statements, Government Agencies, Judicial Authority
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
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
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
In this article we explore the topic of microgeneration in Germany, an area which is well advanced but undergoing constant change. Despite - and because of – the extensive interconnected networks for power and gas, decentralized… more
Clean Energy, Energy Policy, Energy Projects, Energy Sector, Energy Storage
On 28 November 2022, the European Parliament and the Council of the European Union adopted the Corporate Sustainability Reporting Directive (the “CSRD”). This Directive represents a significant step in the European Union’s… more
Corporate Sustainability Reporting Directive (CSRD), Disclosure Requirements, EU, EU Directive, Member State
The government has announced changes to the Building Safety Regulator, aimed at tackling current delays to the approvals process. Building Safety Regulator - Delays The Building Safety Act (BSA) created a new Building Safety… more
Building Permits, Construction Industry, Government Agencies, Housing Developers, New Legislation
Political risk insurance (PRI) is a specialised form of insurance designed to protect investors and businesses from the risk of loss to their investments as a result of government action. There may be certain circumstances where… more
Dispute Resolution, Foreign Investment, Geopolitical Risks, International Arbitration, International Trade
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
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
The Supreme Court of Delaware reversed the Court of Chancery's application of the entire fairness standard to a company's decision to redomesticate. In the proceedings below, the minority shareholders of TripAdvisor, Inc. and… more
Appeals, Board of Directors, Business Judgment Rule, Business Litigation, Corporate Governance
On 10 July 2025, the UK Government published its “English Devolution and Community Empowerment Bill”, saying it aimed to let local people “take the reins in driving growth”. But tucked away in a 338 page Bill dealing primarily… more
Commercial Leases, Commercial Property Owners, Landlords, New Legislation, Proposed Legislation
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
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
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
Key takeaways The EU NIS2 Directive defines cybersecurity obligations also for entities providing IT services only within their own corporate group of companies. To assess the applicability of these obligations, the necessary… more
Cybersecurity, Data Centers, Digital Operational Resilience Act (DORA), EU Directive, Information Technology
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
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)
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
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
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
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
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
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
This practical note was originally published by Practical Law Capital Markets. A practice note setting out top tips from German counsel for doing capital markets deals in Germany. It highlights issues of which lawyers from… more
BaFin, Capital Markets, Disclosure Requirements, Due Diligence, European Securities and Markets Authority (ESMA)
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
Mit der Erweiterung der Wegzugsbesteuerung auf (Spezial-)Investmentanteile für Wegzüge nach dem 31. Dezember 2024 könnte künftig eine Vielzahl von Steuerpflichtigen bei einem Wegzug aus Deutschland der Besteuerung bisher nicht… more
Exit Tax, Germany, Investment, Investment Funds, Investors
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
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
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)
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)
The U.S. Department of Treasury’s Office of Foreign Assets Control issued a formal guidance letter stating that certain kinds of Specially Designated Nationals could speak at a public conference to share their individual… more
Compliance, Economic Sanctions, Executive Orders, Foreign Policy, International Emergency Economic Powers Act (IEEPA)
On 1 April 2025, the UK Department for Science, Innovation and Technology issued a policy statement setting out its key proposals for the new Cyber Security and Resilience Bill. The Bill is intended to respond to an… more
Cybersecurity, National Security, New Legislation, Popular, Proposed Legislation
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)
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
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
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
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
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
The EU Pay Transparency Directive (the “Directive”), adopted in May 2023, introduces sweeping changes aimed at narrowing the gender pay gap across Europe. With a transposition deadline of 7 June 2026, Dutch employers have… more
Employee Rights, Employer Responsibilities, Enforcement, EU, Fines
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
A new paper titled "Facilitating Global Deployment of Floating Nuclear Power Plants" has been published by the World Nuclear Association's Cooperation in Reactor Design Evaluation and Licensing (CORDEL) Working Group. This… more
Clean Energy, Climate Change, Energy Policy, Energy Sector, Nuclear Power
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
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
Microgeneration has always been a cornerstone of the German energy supply, due to its diversified production and manufacturing industry, which is spread out over the country… more
Energy Policy, Energy Projects, EU, Financing, Germany
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
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
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
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
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)
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
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
The Bill introduces a strong technical framework, yet a weak one in terms of policy and digital rights. On the one hand, the Bill proposes a flexible licensing framework for the adoption of future technologies in the mobile and… more
Advertising, Competition, Data Collection, Digital Platforms, Government Agencies
The market for insured risk transfer solutions for UK defined benefit pension schemes has continued to grow in recent years, as increased competition among insurers and improved funding positions has enabled more and more… more
Buy-Out Agreements, Illiquid Assets, Insurance Industry, Investment Management, Liquidity
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
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)
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
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
In a reversal of its decision in Sandra Holding v Al Saleh [2023] DIFC CA 003, the DIFC Court of Appeal has confirmed in Carmon Reestrutura-Engenharia e Servicos Tecnios Especiais , (SU) LDA v Antonio Joao Catete Lopes Cuenda… more
Creditors, DIFC, Injunctive Relief, United Arab Emirates (UAE)
Key takeaways U.S. Treasury to establish a “fast track” foreign investment review process. It will include a “Known Investor” portal that allows the submission of information in advance of filing with Committee on Foreign… more
CFIUS, Foreign Investment, Investment, National Security, New Regulations
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
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
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
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
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
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
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
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
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
As climate change intensifies the frequency and severity of natural disasters across Europe, the gap between insured and total economic losses—known as the natural catastrophe insurance protection gap—has become a growing… more
Climate Change, EU, European Commission, Flood Insurance, Insurance Industry
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
When buildings emerge from the ground, or when one gazes across an urban skyline, cranes and scaffolding are not an uncommon or unexpected sight; but, while commonplace, due care and attention should be given to their placement… more
Construction Industry, Construction Project, Enforcement, Infrastructure, Permits
Earlier this week, efforts to reduce U.S. reliance on biotechnology companies in China stalled when the BIOSECURE Act (“BIOSECURE” or the “Act”) was left out of this week’s continuing resolution (CR). As a result, BIOSECURE will… more
Biotechnology, China, National Security, NDAA
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
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)
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
On May 14, 2025, the Belgian Market Court delivered a landmark ruling regarding IAB Europe’s role in the Transparency and Consent Framework (TCF). The Court confirms that TC Strings qualify as personal data and that IAB Europe… more
Advertising, Consent, Data Privacy, Data Protection, EU
On June 1, 2025, the Unified Patent Court marked its second anniversary - we are one of very few firms that has top-tier patent litigators in all major EU jurisdictions and the UK – we’ve been defending clients in cross-border… more
EU, European Patent Office, Germany, Intellectual Property Litigation, Patent Invalidity
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
Driven by transformation trends and geopolitical volatilities, companies must reshape their sourcing strategies. Across all manufacturing sectors the focus is shifting towards securing access to vital technologies and scarce… more
Contract Terms, Geopolitical Risks, Manufacturers, Regulatory Requirements, Risk Management
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
The highest German tax court confirmed again its position on the tax treatment of carried interest in a recent decision (docket number VIII R 3/21, decision dated 16 April 2024) published on 18 July 2024. For German income tax… more
Germany, Income Taxes, Tax Authority, Tax Court
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
European competitiveness took center stage at the Digital Transformation & Law Summit in Düsseldorf, where Hogan Lovells and legal tech company ELTEMATE brought together thought leaders from business, technology, and law to… more
There are over 80 million people with disabilities in the EU. The European Accessibility Act 2019 (EAA) (Directive (EU) 2019/882) implements the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and aims at… more
Accessibility Rules, Banks, EU, Financial Services Industry, Mobile Apps
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
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
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
As we approach the end of the first half of 2025, the following article shall provide an overview of the current political and regulatory climate in the EU and the key regulations and topics for the rest of the year and beyond –… more
Automotive Industry, Electric Vehicles, Environmental Policies, EU, Green Energy
A version of this article first appeared in Butterworths Journal of International Banking and Financial Law in June 2025. In the case of IDBI Bank Limited v Axcel Sunshine Limited & Ors the English High Court held that,… more
Banking Sector, Breach of Contract, Contract Terms, Financial Institutions, Financial Services Industry
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
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
ESMA has recently provided some answers to questions from market participants on the new rules around incorporation by reference under the EU Prospectus Regulation. This follows the changes brought in under the EU Listing Act… more
Capital Markets, Debt Securities, Disclosure Requirements, EU, European Securities and Markets Authority (ESMA)
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
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
The UK and the EU have begun formulating their responses to the tariffs imposed by the U.S. While the UK is still assessing its options and consulting with British businesses, the EU has already moved forward with plans to… more
EU, European Commission, Retaliatory Tariffs, Tariffs, Trade Relations
The UK government announced further changes to the Employment Rights Bill. These include a ban on NDAs that seek to prevent workers speaking out about discrimination and harassment. Changes to the fire and rehire rules… more
Bereavement Leave, Employee Rights, Employment Contract, Employment Discrimination, Hiring & Firing
When a company is in financial distress, directors face difficult choices. Should they trade on to try to “trade out” of the company’s financial difficulties or should they file for insolvency? If they act too soon, will… more
Board of Directors, Hong Kong, Insolvency, UK
2025 marks the centenary of the Trustee Act 1925, which received Royal Assent in Parliament on 9 April 1925. This article explores how, 100 years on, the Act continues to provide crucial guidance and protection for trustees,… more
Corporate Governance, Employee Benefits, Fiduciary Duty, Financial Services Industry, Pensions
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
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
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
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
HMRC has reportedly brought its first-ever corporate prosecution under the failure to prevent the facilitation of tax evasion offence, almost eight years after the legislation was introduced in the Criminal Finances Act 2017… more
Criminal Prosecution, Enforcement Actions, Failure to Prevent, Financial Crimes, HMRC
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
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
Despite geopolitical uncertainty and regime changes, global cartel enforcement has remained relatively steady over the last few years. That is not to say, however, that cartel investigations and private cartel enforcement have… more
Antitrust Division, Antitrust Violations, Cartels, Competition, Corporate Counsel
On 2 February 2025, the first provisions of the EU’s groundbreaking AI Act started to apply. These provisions include a range of AI-related practices that are now prohibited and a duty on companies to introduce AI literacy into… more
Artificial Intelligence, Data Privacy, Data Protection, Enforcement, EU
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
The consultation focusses on two specific areas: The CMA’s Subsidy Advice Unit’s role in the regime is to provide advice to public authorities on how they have applied certain substantive requirements of the Act to the… more
Subsidies, UK, UK Competition and Markets Authority (CMA)
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
Evolving regulatory paradigms governing AI use in health care at the U.S. Food and Drug Administration (FDA) have set the pace for AI regulatory frameworks worldwide. Jodi Scott, partner in the Hogan Lovells medical device &… more
Algorithms, Artificial Intelligence, Food and Drug Administration (FDA), Medical Devices, Proposed Legislation
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
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
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
In civil litigation, the parties are strictly bound by their pleadings and it is not permissible to deviate from the same. Serious allegations of fraud or dishonesty must be pleaded distinctly and with the utmost particularity… more
Breach of Duty, Business Litigation, Commercial Litigation, Corporate Governance, Fiduciary Duty
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
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
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
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
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
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
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)
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
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
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
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
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
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
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
Key takeaways The FCA has published details of the ‘proportionate’, ‘flexible’ and outcomes-focused conduct regime it is proposing for newly regulated BNPL agreements. These include a pragmatic approach to documentation and a… more
Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Protection Laws, Credit, Financial Conduct Authority (FCA)
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
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
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
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
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
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
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
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
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
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
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
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
In the rapidly advancing world of artificial intelligence (AI), businesses are encountering new frontiers of innovation whilst also facing novel risks, prompting the need for robust insurance solutions. This article offers… more
AI Act, Artificial Intelligence, Board of Directors, Corporate Governance, Insurance Claims
The latest revisions to the Evaluation of Corporate Compliance Programs (ECCP) guidance show the Department of Justice (DOJ) is wary about the potential misuse of Artificial Intelligence (AI). Equally captivated are unscrupulous… more
Compliance, Corruption, Deep Fake, Department of Justice (DOJ), Machine Learning
In our latest ESG update, Trevor Adler from our New York office considers green leasing in the U.S. and Paul Stones provides us with a snapshot of how rooftop solar arrays are being dealt with in the landlord and tenant market… more
Commercial Leases, Commercial Real Estate Market, Energy Efficiency, Environmental Social & Governance (ESG), Real Estate Transactions
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
Most companies operating or intending to operate in the EU will have by now heard about the Foreign Subsidies Regulation (FSR). The three-headed chimera, which allows the European Commission (Commission) to address distortions… more
EU, European Commission, Foreign Subsidies, Mergers
On January 21, 2025, President Trump issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173). In commentary published since then, Hogan Lovells has analyzed various… more
Affirmative Action, Anti-Discrimination Policies, Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders
Aerospace, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Data Management
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
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
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
The Indonesian government has enacted a new law aiming to improve parental and child welfare. The new Law 4/2024 aims to ensure that working mothers enjoy equal rights in the workplace and also addresses high mortality rates… more
Employer Liability Issues, Indonesia, Maternity Leave, Paternity Leave, Wage and Hour
Although upfront fees, milestones and royalties often take the spotlight in deal announcements in the life sciences sector, there exist numerous other cost allocation principles within these arrangements that can impact the… more
Life Sciences, Manufacturers, Pharmaceutical Industry, Prescription Drugs
Welcome back to Energy Buzz, your regular snapshot into the latest topics in the energy industry from Hogan Lovells. Here we explore the UK government’s new initiative to promote investment in offshore wind projects with a focus… more
Clean Energy, Energy Projects, Energy Sector, Infrastructure, Investment
On May 23, 2025, President Trump signed four Executive Orders intended to expedite the development and deployment of American nuclear technology. The orders would affect the Nuclear Regulatory Commission (“NRC”), the… more
Administrative Procedure Act, Department of Defense (DOD), Department of Energy (DOE), Energy Policy, Executive Orders
China imposed new restrictions on the eligibility of certain medical devices originating from the EU in government procurement activities effective July 6, 2025. New restrictions do not apply to EU companies participating in… more
China, Competition, EU, European Commission, Medical Devices
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
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
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
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
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)
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
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
In a digital age where large volumes of data can be transferred and retained with ease, the Singapore High Court’s recent decision in Hayate Partners Pte Ltd v Rajan Sunil Kumar [2025] SGHC 41 sheds light on a growing concern:… more
Breach of Contract, Confidential Information, Data Protection, Data Security, Employee Rights
On 6 September 2024, the Luxembourg Business Register published a public notice announcing upcoming changes to the filing forms and requirements with the Luxembourg Trade and Companies’ Register (“RCS”) starting 12 November… more
Corporate Entities, Filing Requirements, Luxembourg, Registration Requirement
The FCA has published Market Watch 82. This edition of Market Watch focuses on transaction report and, more specifically, highlights the FCA’s observations from its supervision of the UK Markets in Financial Instruments… more
Compliance, EMIR, Financial Conduct Authority (FCA), MiFID II, MiFIR
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
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
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
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
The U.S. Supreme Court has issued its highly anticipated decision overturning the 40-year old doctrine established in Chevron v. Natural Resources Defense Council, which recognized judicial deference to administrative agencies’… more
Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Food and Drug Administration (FDA), Government Agencies
The EBA has set out its opinion on the interplay between MiCA and PSD2 in relation to crypto-asset service providers (CASPs) that transact with electronic money tokens (i.e. a category of stablecoins under MiCA). The EBA advises… more
Cryptocurrency, EU, Financial Regulatory Reform, PSD2, Regulatory Reform
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)
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
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
Over the last several years, California appellate courts have begun to align the threshold standing analysis under California law with the federal Article III standing requirements, presenting an emergingly viable jurisdictional… more
Article III, California, CIPA, Class Action, Consumer Privacy Rights
The Data (Use and Access) Bill was finally agreed by the House of Commons and House of Lords on 11 June 2025, in a final round of parliamentary ‘ping-pong’. The Bill is now waiting for Royal Assent. A number of headline-grabbing… more
Artificial Intelligence, Copyright, Data Protection, Intellectual Property Protection, New Legislation
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
A recent English High Court decision highlights a number of key issues when seeking an order to obtain evidence in England for use in overseas proceedings. In this case, the English court declined to make the orders which had… more
Commercial Litigation, Delaware, Discovery, England, Evidence
In our latest round-up of developments in ESG for UK clients, we cover the following topics: North Sea Transition Taskforce Report with recommendations for the UK’s energy transition New B Corp rules unveiled Delay to… more
Climate Change, Corporate Governance, Energy Sector, Environmental Social & Governance (ESG), Net Zero
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
While recent announcements have focussed on the government’s growth agenda, HM Treasury (HMT) has also now pressed ahead with publishing final draft regulations limiting the rights for banks and other payment service providers… more
Banks, Contract Termination, Final Rules, Financial Conduct Authority (FCA), HM Treasury
The country is celebrating a big anniversary today, 9th April 2025. 100 years ago today, the Law of Property Act 1925 (the “LPA”) received Royal Assent. The LPA brought overdue coherence, eased property transactions for the… more
Deeds, Land Titles, Leaseholds, Mortgages, New Legislation
The European Commission has published the long-awaited guidelines clarifying how online platforms such as social media platforms, online marketplaces, app stores and other content-sharing services should protect minors under… more
Consumer Protection Laws, Data Protection, EU, New Regulations, Online Platforms
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
The development industry has been eagerly awaiting the decision of the High Court in the case of Cooper v Ludgate House Limited, the first significant rights of light case to be litigated since 2020. The case promised to raise a… more
Construction Litigation, Damages, Injunctions, Real Estate Development, UK
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
On July 4, 2025, President Trump signed into law the One, Big, Beautiful Bill Act. The Act includes significant amendments to tax credits originally enacted and/or amended under the Inflation Reduction Act of 2022 (“IRA”)… more
Clean Energy, Energy Policy, Foreign Entities, Inflation Reduction Act (IRA), New Legislation
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
The English High Court has held that a patent relating to a once-daily dosing of an active ingredient was invalid for lack of inventive step over prior art posters presented to the public at conferences. The decision has been… more
Ethics, Generic Drugs, Obviousness, Patent Infringement, Patent Litigation
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
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
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
On December 23, 2024, the Fifth Circuit Court of Appeals dissolved a district court injunction that had stayed the January 1, 2025 deadline for compliance with the Corporate Transparency Act (“CTA”). Therefore, the Fifth… more
Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements
On 27 June 2025, the Financial Services and the Treasury Bureau (“FSTB”) and the Securities and Futures Commission (“SFC”) jointly launched a public consultation (the “Consultation”) on new legislative proposals aimed at… more
Cryptocurrency, Digital Assets, Financial Services Industry, Hong Kong, Hong Kong Securities and Futures Commission (HKSFC)
On May 29, 2025, the U.S. Food and Drug Administration (FDA) issued a final version of its guidance “Requests for Feedback and Meetings for Medical Device Submissions: The Q-Submission Program,” offering an expanded framework… more
Draft Guidance, Filing Requirements, Final Guidance, Food and Drug Administration (FDA), Manufacturers
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
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
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)
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)
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
Aerospace, Cyber Attacks, Cybersecurity, Data Protection, Defense Sector
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
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
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
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
Pharmacy compounding is one of the topics in the EU Pharma Law Package that has perhaps received less attention compared to topics such as regulatory exclusivity rights, shortages, and sustainability. The EU Pharma Law Package… more
Court of Justice of the European Union (CJEU), Drug Compounding, EU, European Parliament, New Legislation
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
The Financial Conduct Authority (“the FCA”) has published final guidance on the treatment of politically exposed persons (PEPs) for anti-money laundering purposes, which updates its Guidance issued in 2017 (“the 2017 Guidance”)… more
Anti-Money Laundering, Due Diligence, Financial Conduct Authority (FCA), Financial Institutions, Money Laundering
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
Following approval by EU Member States in the Trade Barriers Committee, on 19 June 2025, the European Commission adopted the first measure (Implementing regulation - EU - 2025/1197 - EN - EUR-Lex) under the International… more
China, EU, European Commission, Imports, Medical Devices
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
President Donald J. Trump imposes full travel/visa bans on certain foreign nationals from 12 countries (with some exceptions) and partial travel/visa restrictions on seven other countries focusing primarily on students. The new… more
Department of Homeland Security (DHS), Donald Trump, Executive Orders, Foreign Nationals, Immigration Procedures
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
The Dutch pension landscape is undergoing a transformation with the introduction of the Wet toekomst pensioenen (Wtp). Although the transition period is still in effect and the requirement to offer only defined contribution… more
Employee Benefits, Netherlands, Pension Schemes, Pensions, Retirement Plan
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
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
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
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
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
Key steps when making and assessing extension of time and cost claims for project delays and disruptions caused by increasingly frequent extreme weather events. A growing number of "freak" weather events, such as record… more
Construction Contracts, Contract Claims, Contract Disputes, Contract Terms, Delay Claims
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
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
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
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
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
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
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
Upon her swearing in on February 5, 2025, Attorney General Pam Bondi issued a series of memoranda to all Department of Justice employees, including a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and… more
Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions
The Medical Devices (Post-market Surveillance Requirements) (Amendment) (Great Britain) Regulations 2024 (PMSR), which were passed into law on 22 October 2024, came into force today (16 June 2025), amending the UK’s Medical… more
Manufacturers, Medical Devices, New Guidance, New Regulations, Regulatory Requirements
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
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
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
The first quarter of FY 2025 saw at least US $982 million in proposed direct commercial sales of defense equipment, articles, and services. Sixty-four percent (16/25) of proposed sales involved NATO 5+ partners. Conflicts in… more
Defense Sector, Export Controls, Israel, ITAR, National Security
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
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
First, a quick and brief reminder on the IRA and the monetization techniques. The IRA expanded upon existing energy tax credits (and other tax incentives) and introduced new ones. And critically, the IRA also brought to life two… more
Clean Energy, Energy Projects, Energy Sector, Inflation Reduction Act (IRA), Investment Tax Credits
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
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
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
Microgeneration projects are facilitated in Germany by a complex regulatory regime that is generally in favour of such projects – in particular if they help to achieve decarbonisation. This regime incentivises and supports the… more
Clean Energy, Data Centers, Energy Efficiency, Energy Policy, Energy Projects
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
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)
The UK government opens a far reaching review into parental leave and pay, including maternity, paternity and shared parental leave. It wants to improve support for working families, while growing the economy and removing… more
Compensation & Benefits, Employee Benefits, Employer Responsibilities, Labor Reform, New Legislation
The UK government’s latest communications on 15 July 2025 in connection with the Chancellor’s annual Mansion House speech, and the launch of its Financial Services Growth and Competitiveness Strategy, signals the government’s… more
Blockchain, Capital Markets, Digital Assets, Digital Currency, Financial Services Industry
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
The U.S. District Court for the Northern District of Texas vacated key portions of the 2024 updates to the HIPAA Privacy Rule that had strengthened protections for reproductive health care information. HIPAA-regulated entities… more
Appeals, Data Privacy, Department of Health and Human Services (HHS), Enforcement Actions, Final Rules
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
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
On July 31, 2025, the U.S. Food and Drug Administration (FDA) issued its final guidance document “Medical Device User Fee Small Business Qualification and Determination,” which supersedes its previous guidance document dated… more
Final Guidance, Food and Drug Administration (FDA), Medical Devices, Regulatory Requirements, Small Business
The U.S. National Science Foundation (NSF) has implemented new rules requiring institutions of higher education (IHEs) to submit annual reports regarding financial support of $50,000 or more received directly or indirectly from… more
Department of Education, National Science Foundation, Reporting Requirements, Tuition
The Media Act 2024 received Royal Assent on 24 May 2024, marking a significant overhaul of the UK's media regulation framework. The Act aims to modernize the regulatory landscape to reflect changes in the way that television and… more
Dispute Resolution, New Legislation, OFCOM, Regulatory Agencies, Regulatory Reform
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)
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
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
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
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
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
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
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
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
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
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
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
Summer’s on the way and we’re closing in on the first anniversary of Labour’s 2024 election victory. In our previous infrastructure planning round-up we closed 2024 by looking forward to the introduction of the Planning and… more
Biodiversity, Energy Projects, Infrastructure, Judicial Review, Regulatory Reform
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
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
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
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
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
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
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
A European Commission study on 20 years of EU antitrust remedies finds that while most remedies in antitrust cases were implemented, many have not achieved their intended effect. EU law currently subordinates structural… more
Antitrust Provisions, Competition, Enforcement Actions, EU, European Commission
On 30 July 2024, the Bank of England (BoE) published a discussion paper setting out its approach to innovations in money and payments (Discussion Paper). In the Discussion Paper, the BoE sets out its current view on innovations… more
Bank of England, Banking Sector, Banks, Financial Institutions, Financial Services Industry
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
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
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
Recently, China's National Medical Products Administration (“NMPA”) released a new version of the Inspection Points for Clinical Trials of Medical Devices. This new rule replaces two previous versions published in 2016 and 2018… more
China, Clinical Trials, Data Integrity, Enforcement Actions, FDA Approval
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
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
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
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
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
On November 12, the Department of Justice Antitrust Division (“the Division”) released an update to its July 2019 guidance on corporate compliance programs. The updated guidance reflects the Division’s approach to the evaluation… more
Algorithms, Antitrust Provisions, Artificial Intelligence, Department of Justice (DOJ), Machine Learning
On January 7, 2024, the U.S. Food and Drug Administration (FDA) published the draft guidance “Artificial Intelligence-Enabled Device Software Functions: Lifecycle Management and Marketing Submission Recommendations,” which… more
Artificial Intelligence, Cybersecurity, Data Management, Draft Guidance, Food and Drug Administration (FDA)
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
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
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
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
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)
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
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
In January 2025, China’s State Administration for Market Regulation (“SAMR”) introduced the Compliance Guidelines for Healthcare Companies to Prevent Commercial Bribery Risks (“Guidelines”), marking the first industry-specific… more
Anti-Corruption, Bribery, China, Enforcement, Healthcare
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
CNIPA has recently significantly changed its approach to accepting non-use cancellation applications for registered trademarks, by requiring more comprehensive preliminary evidence. This means that applicants in such procedures… more
CNIPA, Intellectual Property Protection, Regulatory Agenda, Regulatory Requirements, Trademark Cancellation
According to the 2023 National Aging Development Bulletin released by the Ministry of Civil Affairs and the National Aging Office on October 12, 2024, China's elderly population aged 60 and above, as of the end of 2023, has… more
China, Employee Benefits, Labor Reform, New Regulations, Retirement
CDRH, Centers for Disease Control and Prevention (CDC), Emergency Use Authorization (EUA), Food and Drug Administration (FDA), Intended Use