News & Analysis as of July 23, 2025

European Union › Breach of Contract

+ Follow

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +

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

The Hague Judgments Convention Enters into Force in the UK

Morrison & Foerster LLP on 7/9/2025

On 1 July 2025, the Hague Convention of July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the “Convention”) came into force in the UK. The Convention allows civil and commercial...more

Hague 2019 in force in the UK – Good News for Commercial Parties

Mayer Brown on 7/7/2025

On 1 July 2025, the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019) entered into force in the United Kingdom. Hague 2019 is a multilateral...more

Sudden Termination of European and International Established Commercial Relations: Overview of Claiming Compensation in France

Morgan Lewis on 6/26/2025

The sudden termination of a business relationship between a French company and a foreign company may lead to compensation being awarded to the company that has suffered the termination. However, in an international or...more

Asymmetric Jurisdiction Clauses – The EU's Highest Court Gives Its View

Mayer Brown on 4/14/2025

On 27 February 2025, the EU's Court of Justice delivered its ruling on a case referred to it by the French Cour de Cassation concerning whether or not asymmetric jurisdiction clauses are valid as a matter of EU law;...more

Disputes 101- Contractual interpretation: through the looking-glass

A&O Shearman on 2/6/2025

If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more

Swedish Court requests ruling from CJEU on sanctions legislation

A&O Shearman on 1/24/2025

The Swedish Court of Appeal (Court) has requested a preliminary ruling from the Court of Justice of the European Union (CJEU) to clarify the effect and scope of Russia-related sanctions. The anticipated ruling by the CJEU...more

Clause for celebration: the effectiveness of entire agreement provisions

A&O Shearman on 1/15/2025

Entire agreement clauses are very common. This recent decision confirms their effectiveness: JMW Solicitors v Injury Lawyers 4U. Background – shareholder dispute - Some firms of solicitors, including JMW, set up a...more

Dirty Data Damaging Deals – Data Issues in AI M&A

MoFo Tech on 1/3/2025

2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of...more

Cap-tivating: what is caught by a liability cap?

A&O Shearman on 11/25/2024

The Court of Appeal's recent judgment in Topalsson v Rolls-Royce looks at how the set-off of counterclaims should be addressed as well as interest when it comes to liability caps....more

French Supreme Court Sets New Boundary to Liability Toward Third Parties

Jones Day on 10/8/2024

The Situation: The French Supreme Court recently considered whether a limitation of liability clause could be enforced against a third party to a contract claiming compensation for a breach of contract that caused it damage....more

Breach it and weep: deemed fulfilment ain’t fictional

A&O Shearman on 7/15/2024

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

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

A&O Shearman on 7/15/2024

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

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

Kaufman & Canoles on 3/13/2024

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

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

A&O Shearman on 1/10/2024

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

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

A&O Shearman on 11/30/2023

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

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

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

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

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

Hogan Lovells on 1/24/2022

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

Corona virus as a force majeure event in hotel lease agreements

Hogan Lovells on 1/29/2021

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

European Court of Justice Invalidates EU-US Privacy Shield Framework

Herbert Smith Freehills Kramer on 10/1/2020

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

English Contracts under Stress in Times of Economic Disruption

Goodwin on 6/10/2020

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

COVID-19: How To Prepare for Potential Future Disputes

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

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

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

White & Case LLP on 4/2/2020

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

2019 Year in Review: Securitization Litigation and Regulation

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

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

Littler Global Guide - European Union - Q4 2019

Littler on 1/28/2020

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

11th Circuit Decides Dispute on Kardashian’s Beauty Mark

Knobbe Martens on 6/7/2019

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

42 Results

/

View per page

Page: of 2

Next »