JD Supra European Union › McDermott Will & Emery

• JD Supra European Union

On January 28 2021, the European Commission (Commission) amended its COVID-19 Temporary State aid Framework (Temporary Framework) for the fifth time. The Commission adopted the Temporary Framework at the beginning of the COVID-19 crisis (March 19 2020) to support the economy and help Member States set up various aid measures. Since the adoption of the Temporary Framework, the Commission has...

• JD Supra European Union

Last year presented a great many challenges, and much like 2008–2009, the impact was felt on a global basis. The last quarter of 2020 appeared to start with a sense of renewed optimism, with the end of pandemic-driven issues in sight. With known outcomes on matters such as Brexit and global elections, there was a sense of stability, and global markets reflected this. However, by the second week...

• JD Supra European Union

From a German perspective, 2020 saw highly interesting developments that may well have an impact even beyond the borders of Germany. For example, the Federal Court of Justice (Bundesgerichtshof) in Sisvel v. Haier handed down a landmark decision on fair, reasonable and non-discriminatory (FRAND) law. This decision has already affected many FRAND cases tried before lower instance courts. Generally

• JD Supra European Union

McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There were also many interesting cases decided by the General Court and the Court of Justice of the European Union. All these new rules and judicial decisions may be relevant for...

• JD Supra European Union

The 21st Civil Chamber of the Munich I District Court has referred a question on the availability of preliminary injunctions against patent infringements to the Court of Justice of the European Union (CJEU) in Luxembourg (Munich I District Court docket no. 21 O 16782/20, decision of 19 January 2021)...

• JD Supra European Union

The United Kingdom (UK) has officially withdrawn from the European Union (EU) on February 1, 2020, but will only become a third party after a transition period ending on December 31, 2020. With that date fast approaching, you are probably wondering what will change for your trademark rights on January 1, 2021?

• JD Supra European Union

The French Supreme Tax Court (Conseil d’État) ruled that the French withholding tax on the capital gain derived from the disposal of a substantial shareholding in a French company by a non-resident company is not compliant with EU law...

• JD Supra European Union

In a climate where there are so many unknown factors challenging valuation methodologies, we explore a number of mechanisms that European dealmakers may consider during the Coronavirus (COVID-19) pandemic in order to bridge the valuation gap, provide greater pricing certainty, and allow transactions to proceed with seller and buyer sharing both the risk and the potential rewards from driving...

• JD Supra European Union

There has been some important news to come out of the preliminary drafts of the Italian Tax Bill for financial year (FY) 2021, which may have a very significant–and positive–impact on the asset management industry and in particular for EU investment firms investing into Italian companies. This change is aimed at repealing a discrimination under Italian tax law in respect to the Italian

• JD Supra European Union

The Coronavirus (COVID-19) pandemic has had a huge impact on the global economy and most businesses, creating thousands of companies with urgent restructuring needs. Restructurings are ideally carried out early, quietly, and quickly. Efficient tools for out-of-court restructurings play a decisive role in value-preserving restructurings, but every jurisdiction has slightly different rules. This...

• JD Supra European Union

The Coronavirus (COVID-19) pandemic has had a huge impact on the global economy and most businesses, creating thousands of companies with urgent restructuring needs. Restructurings are ideally carried out early, quietly, and quickly. Efficient tools for out-of-court restructurings play a decisive role in value-preserving restructurings, but every jurisdiction has slightly different rules. This...

• JD Supra European Union

Under current EU merger control rules, whether a concentration has to be notified to the European Commission (“Commission”) depends, among other things, on the level of revenue generated by the parties worldwide and in the European Union. A key question that has sparked considerable debate in recent years is whether the current merger control thresholds cover all transactions that have the...

• JD Supra European Union

Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will inform these individuals that they were exposed to a contagious patient and encourage them to monitor their symptoms and quarantine for a period of time. In...

• JD Supra European Union

This On The Subject explains how the Mini One Stop Shop (MOSS) system for VAT works and what affected businesses need to do to prepare for Brexit-related changes after the transition period ends. In summary, unless a suitable trade deal is agreed between now and 31 December 2020, worldwide businesses engaged in cross-border sales of business-to-consumer (B2C) digital services to EU-base

• JD Supra European Union

In our Schrems II Practical Guidance special reports, members of McDermott’s internationally recognized Global Privacy & Cybersecurity group have outlined practical guidance and next steps to ensure your business is prepared for what’s next following the final ruling in Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems. As your organization navigates the

• JD Supra European Union

In the second installment of McDermott’s webinar series, HPE Europe 2020: What are the Life Science Transaction Trends in the Wake of the Sanitary Crisis?, moderator and McDermott partner Emmanuelle Trombe and industry experts Joseph El Khoury of Natixis, Cédric Garcia of EY’s Life Science Group, Dr. Erich Tauber of Themis Bioscience and Daniel Teper of CYTOVIA Therapeutics shared lessons learned

• JD Supra European Union

In the fourth installment of McDermott’s HPE Europe Summer Webinar Series 2020: What’s the Impact of Recent Regulation and Government Measures on Investments in Healthcare and Life Sciences in Europe? moderator and McDermott partner Dr. Stephan Rau and industry experts Karthic Jayaraman of TPG Capital, Max Müller of Bayer, Ben Faircloth of L.E.K. Consulting and Dr. Ulrich Wandschneider, former...

• JD Supra European Union

In parallel to a public consultation to seek feedback from the public regarding the New Competition Tool, the European Commission (Commission) is consulting on a proposal for an ex ante regulatory instrument that would ensure that “online platform ecosystems controlled by large online platforms that benefit from significant network effects remain fair and contestable, in particular in situations...

• JD Supra European Union

On 2 June 2020, the European Commission (the Commission) published its inception impact assessment (or roadmap) on the possible adoption of regulation that would introduce a new market investigation tool. This assessment was immediately followed by the launch of a public consultation to seek views and feedback from the public regarding such a tool. The new tool would enable the Commission to...

• JD Supra European Union

Although companies across many sectors felt the impact of the Coronavirus (COVID-19) pandemic immediately, the true effects and likely impact will not be seen until later this quarter and beyond. Whilst some companies have been quick to launch amendment processes, many have been busy testing financial models, ensuring liquidity and trying to minimise expenditure, as is common during times of...

• JD Supra European Union

In addition to the Economic Stabilization Fund (Wirtschaftsstabilisierungsfonds; “WSF“; see the summary by McDermott (German only)), which was established by the German federal legislator, the Bavarian legislator has decided to establish a Bavaria Fund (BayernFonds) to help stabilize companies in the Federal State of Bavaria. The law on the Bavaria Fund and the Bavarian Finance Agency (BayernFonds

• JD Supra European Union

The year 2020 has brought a host of unique challenges for EU product importers and manufacturers, including those in the chemical sector. Just as most businesses got to grips with their preparation for the disruption caused by Brexit and upcoming regulatory initiatives—such as forthcoming REACH Implementing Regulation on Dossier Updates, consultations on the revision of the Restriction of...

• JD Supra European Union

This document provides a summary of the policy changes that have been announced in multiple jurisdictions in response to the COVID-19 crisis. We have selected the most relevant topics, which may be of interest for managing the liquidity risks that businesses are now facing due to the outbreak of the virus in the following jurisdictions: Italy, UK, Germany, US and France. As...

• JD Supra European Union

During the Coronavirus (COVID-19) crisis, business may slow down or even completely shut down, sales are down or next to zero, cost cutting programs have already started, and nobody knows exactly when the recovery will begin. How can the Head of Tax contribute...

• JD Supra European Union

On 19 March 2020, the European Commission adopted a temporary framework that allows Member States to grant certain State aid to businesses to help them face the economic and financial consequences of the Coronavirus (COVID-19) health crisis. In the wake of this decision—and in a record time of 48 hours—the Commission authorised the implementation of three French aid schemes on 21 March 2020 and...

• JD Supra European Union

The Coronavirus (COVID-19) continues its spread across the globe and—along with the clear public health and economic concerns—is raising numerous questions regarding privacy and data security. Data protection authorities worldwide are responding quickly, issuing guidance that variously revises and reinforces existing legal requirements. This article provides an overview of current guidance in the

• JD Supra European Union

As part of efforts to mitigate the effects of COVID-19, the Directorate-General for Competition of the European Commission and the EU courts are taking measures to prevent the spread of the virus among individuals whilst at the same time seeking to ensure that the EU economy remains as stable as possible. McDermott’s Brussels office—including lawyers Jacques Buhart, Wilko van Weert, Andrea...

• JD Supra European Union

Following the wider outbreak of the coronavirus (COVID-19) around the world, radical—and sometimes controversial—actions have been and are further expected to be taken by national, federal and local governments and authorities in affected countries. Given the scope of these actions, along with widespread impacts of the crisis on employment, supply chains, pending M&A activity, capital markets

• JD Supra European Union

We are proud to introduce the first annual McDermott Global Employment Law Year in Review: 2019. The purpose of this publication is to provide you with concise summaries of many of the laws and court decisions from 2019 that significantly impact employers and employees all over the world. Many of the updates presented in this publication describe changes in the law that are well known...

• JD Supra European Union

From the rise of digital health opportunities to concerns stemming from political shifts, McDermott partners review major European health trends in 2019 and look forward to what we might expect to see from 2020 onwards. This commentary comes with the understanding that European health systems vary from country to country and cannot be considered a single industry. However, we have...