News & Analysis as of

Evidence European Union

McDermott Will & Schulte

Cooperate, protect, and challenge: Responding to dawn raids conducted by EU competition authorities

Dawn raids conducted by antitrust authorities are stressful events. Among other issues, the ensuing investigations consume significant time and effort and often result in high fines for the companies involved. It is therefore...more

Mayer Brown

What's Happening in Dawn Raids Across Europe?

Mayer Brown on

In the first half of 2025, competition authorities across Europe have continued to vigorously use their intrusive dawn raid powers in diverse economic sectors. These operations require diligent and thorough preparation as...more

Jones Day

Orders to Preserve Evidence (“Saisies”) at the Unified Patent Court: Two-Year Roundup and Early Insights

Jones Day on

Evidence is a key battleground in virtually all patent litigation cases. As a Court designed to combine the best and most efficient features of the main EU national patent litigation systems, the Unified Patent Court (“UPC”)...more

EDRM - Electronic Discovery Reference Model

EU Court Rebukes Von der Leyen Over Pfizer Texts in Transparency Ruling

ComplexDiscovery Editor’s Note: In a landmark decision that challenges the European Commission’s transparency standards, the General Court of the European Union has ruled against Commission President Ursula von der Leyen over...more

Mayer Brown

The Fundamental Importance of Gathering Sufficient Evidence to Carry Out Competition Dawn Raids – Part II

Mayer Brown on

Article 20 of Regulation N°1/2003 enables the European Commission ("Commission") to inspect undertakings when it suspects potential infringements of competition rules might have occurred. These unannounced inspections (called...more

A&O Shearman

Navigating the UPC’s evidence minefield: when confidentiality issues clash with procedural deadlines

A&O Shearman on

In July 2024, the UPC Court of Appeal (CoA) clarified its procedural rules surrounding evidence preservation and confidentiality. It confirmed that the deadline for bringing an action on the merits only starts to run after...more

A&O Shearman

Private damages activity escalates across key jurisdictions

A&O Shearman on

In the EU, the surge in private damages actions following the transposition of the Private Damages Directive (PDD) at member state level has brought to the fore several novel legal questions, prompting national courts to...more

Morgan Lewis

The Weakening of Business Secrecy Before French Judges: The Negative Counterpart of the Right to Evidence in a Fair Trial

Morgan Lewis on

The French High Court has just handed down a ruling confirming the weakening of the force of business secrecy in the name of the right to evidence principle, based on the right to a fair trial found in article 6 of the...more

McDermott Will & Schulte

[Webinar] Litigating in the Unified Patent Court: Strategies for Success - February 11th, 11:00 am - 12:00 pm EST

Nearly two years in, the Unified Patent Court (UPC) continues to reshape the patent litigation landscape in Europe by providing swift, cross-border resolutions and an innovative approach to patent enforcement and revocation....more

Morrison & Foerster LLP

Fünf wesentliche Änderungen für Unternehmen

Seit dem 20. Juli 2024 gilt das Gesetz über Musterverfahren in kapitalmarktrechtlichen Streitigkeiten (KapMuG) in seiner überarbeiteten Fassung. Mit der Neufassung dieses Spezialgesetzes für die gerichtliche kollektive...more

Morrison & Foerster LLP

The New Capital Markets Model Case Act: Five Key Changes for Companies

Since July 20, 2024, a reformed version of the Capital Markets Model Case Act (Gesetz über Musterverfahren in kapitalmarktrechtlichen Streitigkeiten – Kapitalanleger-Musterverfahrensgesetz – KapMuG) has been in force in...more

EDRM - Electronic Discovery Reference Model

General Data Protection Regulation Guidelines

Parties that have possession, custody, or control of evidence potentially relevant to U.S. litigation or investigations are typically required to identify, collect, preserve, and produce such evidence (with limited...more

American Conference Institute (ACI)

[Event] 21st Annual Life Sciences IP Summit - September 27th - 28th, Munich, Germany

Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more

Womble Bond Dickinson

Voice Analysis Complicates Personal Privacy

Womble Bond Dickinson on

Most biometric readings require your presence in the same space as the measuring tools.  Facial recognition, retinal capture, fingerprints or hand geometry, even biomarked scents are measured in close physical proximity. The...more

Alston & Bird

The GDPR Reaches the US Supreme Court in Cert Petition

Alston & Bird on

The EU’s General Data Protection Regulation (GDPR) has been raised in a petition for certiorari before the US Supreme Court, apparently for the first time since the GDPR entered into application in 2018. A party in Vesuvius...more

Orrick, Herrington & Sutcliffe LLP

Orrick’s 101 – Employment Law in Germany: Legal Q&A I Labor Court Proceedings

Labor court proceedings are of great importance in Germany. Employees and employers often meet again in court, especially when it comes to the termination of their employment relationship. The German labor court procedure has...more

TransPerfect Legal

Leveraging Technology to Manage Big Data in Antitrust

TransPerfect Legal on

On 27 January, 2021, TransPerfect Legal Solutions (TLS) held the second day of the inaugural EU/UK Competition Regulation Virtual Conference. Day one focused on the changing regulatory landscape. Day two turned to the advent...more

Hogan Lovells

International Products Law Review 2020: Issue 76

Hogan Lovells on

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

Hogan Lovells

Data class actions in Europe and spotlights in Mexico, Russia and the U.S.

Hogan Lovells on

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

WilmerHale

US Signs First Bilateral Data Sharing Agreement Under the CLOUD Act

WilmerHale on

The Department of Justice announced yesterday that the United States and the United Kingdom have entered into the first of the international executive agreements authorized under the Clarifying Overseas Use of Data (CLOUD)...more

Sheppard Mullin Richter & Hampton LLP

The Benefits of the International Commercial Courts of Paris in French-American Commercial Litigations

On February 7, 2018, the Commercial and Appellate Courts of Paris officialized the creation, for each of them, of a chamber dedicated to resolving international commercial litigations. These chambers are known as the...more

Proskauer on Privacy

How Can Data Privacy Regulations Limit the Ability to Present Evidence in a Litigation?

Proskauer on Privacy on

The French Supreme Court sanctions a company for having produced complete employee pay slips in a litigation. It is not news that the rules of evidence and data privacy laws may be conflicting. A recent decision of the...more

King & Spalding

European Union To Push Ahead With Cross-Border Evidence Law

King & Spalding on

In a move which has drawn fire from industry and civil-liberties groups, the European Union (“EU”) is moving forward with a bill to enable law enforcement authorities to access digital evidence held by private companies in...more

Jones Day

SIDRU Judgment: Hedging Transaction Not Rendered Speculative Even if It Exposes Party to Unlimited Risk

Jones Day on

The Context: In the wake of the Saint-Leu-la-Forêt decision of May 28, 2018, France's Court of Cassation issued an important decision on structured swaps concerning legal actions brought by public authorities against banks...more

Hogan Lovells

Europe: CJEU / GC roundup – H1 2018

Hogan Lovells on

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

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