JD Supra European Union › Morrison & Foerster LLP

• JD Supra European Union

On June 7, 2019, the highly controversial EU Copyright Directive (“Directive”) came into force, requiring EU Member States to transpose its provisions into national law by June 7, 2021. To recap, the most relevant provisions of the Directive require the implementation of the following rules into national law:...

• JD Supra European Union

The EU may soon introduce and adopt a collective redress directive that will make it possible for consumers across the EU to bring forward class action cases on various legal matters. The European collective redress system, which has been under debate for more than 30 years, made a step forward on June 22, 2020, when negotiators of the European Parliament and the Council of the European Union...

• JD Supra European Union

Investing in unicorns is a high-stakes game. These companies are often run by strong, charismatic founder teams, with no shortage of willing investors eager to accept their terms. However, it is important to know your bottom line as an investor when it comes to what protections you need in terms of governance, control, exit and enforcement rights when managing downside risk...

• JD Supra European Union

The COVID-19 pandemic arrived in Latin America during the midst of broad-ranging political and economic crises involving mounting debt burdens, social unrest, falling oil and commodity prices and currency devaluations. On February 26, 2020, Brazil was the first country in the region to report the presence of the disease within its population...

• JD Supra European Union

In 2019, the number of large PE transactions in Latin America increased significantly. According to the Emerging Markets Private Equity Association, Latam had a record PE influx of $4.4 billion in the first half of 2019. By the end of 2019, Latam had received a total of 151 PE investments, of which 64 had an aggregate publicly reported ticket size of $10.8 billion...

• JD Supra European Union

In 2019, the number of large PE transactions in Latin America increased significantly. According to the Emerging Markets Private Equity Association, Latam had a record PE influx of $4.4 billion in the first half of 2019. By the end of 2019, Latam had received a total of 151 PE investments, of which 64 had an aggregate publicly reported ticket size of $10.8 billion...

• JD Supra European Union

With brexited UK announcing that it will not join Europe’s long-awaited Unified Patent Court (UPC), the establishment of an efficient pan-European patent litigation system faces ever-mounting challenges. Last Friday, the German Federal Constitutional Court declared that the German Act of Approval of the UPC Agreement void due to violations of the principle of due process and the rule of law (Engli

• JD Supra European Union

In recent years the European direct lending market has grown dramatically. That expansion can be attributed to a number of factors, including (i) a sizeable jump in the number of private equity firms with direct lending operations, and (ii) institutional investors allocating more of their debt portfolios to higher-yielding (but more illiquid) private debt strategies.

• JD Supra European Union

In recent years the European direct lending market has grown dramatically. Such expansion can be attributed to a number of factors, including (i) a sizeable jump in the number of private equity firms with direct lending operations, and (ii) institutional investors allocating more of their fixed income portfolios to higher-yielding (but more illiquid) private debt strategies.

• JD Supra European Union

The current perception is that blockchain is not compatible with GDPR. Lokke Moerel and Marijn Storm argue that this is not the case and explain why none of the issues identified by legal scholars and stakeholders are likely to pose issues for blockchain applications. In fact, they conclude that blockchain is well able to be regulated under the GDPR. Please see full Publication below for more...

• JD Supra European Union

The whistleblowing rules in Europe are about to change dramatically. The new Directive on the protection of persons who report breaches of Union law, also referred to as the “Whistleblowing Directive,” will require Member States to create rules that mandate organizations with more than 50 workers to set up whistleblowing hotlines and accept reports about violations of the EU law.

• JD Supra European Union

Case: Lehman Brothers International (Europe) (in administration) [2018] EWHC 1980 (Ch), Hildyard J (27 July 2018) - The High Court sanctioned a complex scheme of arrangement (“Scheme") under the Companies Act 2006 (“CA 2006”) in relation to Lehman Brothers International (Europe) (“LBIE”). The Scheme had as its purpose the compromise of unresolved litigation so as to enable...

• JD Supra European Union

The MoFo European Private Funds Group knows you are busy, so we don’t waste your time. Below are the tracks we are listening to right now – and why they matter...

• JD Supra European Union

In two long-awaited decisions handed down yesterday and last week, respectively, the European Court of Justice (ECJ) had the opportunity to decide the fate of online or “over-the-top” (OTT) communications services under European telecommunications law – but it left several key questions unresolved. In last week’s decision, the ECJ found Microsoft’s Skype to be a regulated electronic...

• JD Supra European Union

The EU Member States' Approval - The Directive on Copyright in the Digital Single Market (“Directive”) was finally approved by all EU legislative bodies on April 15, 2019. Introducing “modernizing EU copyright rules for European culture to flourish and circulate” was a key initiative of the European Commission’s Digital Single Market (DSM), which, according to the Commission’s...

• JD Supra European Union

The EU has recently laid the ground to take a more active role in the screening of foreign direct investment (FDI). On April 10, 2019, the EU formally established a framework for foreign investment screening including a coordination mechanism between the EU and its Member States. The new rules will become applicable on October 11, 2020, but the effects of the new rules may be felt sooner, as...

• JD Supra European Union

From 14 September 2019, certain electronic and remote payments must be subjected to two-factor, or “strong customer authentication” (SCA), under regulatory standards covering the European Economic Area (EEA) relating to the second EU Payment Services Directive, which took effect in January 2018 (PSD2). Retailers are uncertain whether these new European anti-fraud measures will cause consumers to...

• JD Supra European Union

What is at Stake? - “Common ownership” – an investor holding economic interests in different competing businesses at the same time – has been a recurring topic in antitrust debates. More recently, there have been calls in the EU for closer antitrust scrutiny of simultaneous board representations, where executives from one company serve on the board of a competitor. This alert reflects on the...

• JD Supra European Union

In this alert, we provide an update on EU regulatory issues that are relevant to all managers of alternative investment funds, both for European and non-European funds. This includes the effect of a possible no-deal Brexit, details on the review by the European Commission of the operation of the AIFM Directive and information on upcoming new EU legislation on the cross-border distribution of...

• JD Supra European Union

On July 16, 2015, the European Court of Justice (ECJ) rendered its seminal decision in Huawei v. ZTE. In its decision, the ECJ provided fundamental guidance for the licensing and enforcement of standard essential patents (SEPs) that are subject to a FRAND licensing commitment (i.e., a commitment by the patent owner to license those patents on fair, reasonable, and nondiscriminatory terms). While

• JD Supra European Union

Summary - Almost two and a half years after the EU Commission proposed a Directive on copyright in the Digital Single Market, the legislative procedure finally hits the homestretch – with the last plenary sessions of the EU Parliament (March 25 - April 18, 2019) marking its likely end (the approval of the EU Council is considered a formality). If the current proposal passes this last...

• JD Supra European Union

Three weeks ago, France, Germany, and the United Kingdom (the “E3”) created INSTEX SAS (Instrument for Supporting Trade Exchanges, INSTEX), an entity designed to enhance business between the EU and Iran and to serve as a core element of a broader barter and clearing scheme. A joint statement by the E3 foreign ministers announced INSTEX on January 31, 2019, and noted that additional steps would be

• JD Supra European Union

In principle, patents confer protection for a maximum of 20 years. In Europe, however, the patent terms for pharmaceutical products that meet the conditions necessary for supplementary protection certificates (“SPC”) can be extended for up to five years.

• JD Supra European Union

The Brexit date of 29 March 2019 is fast approaching, and there is now a distinct possibility of the UK leaving the EU without agreed terms. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and working with clients on key concerns and issues, now and in the coming weeks and months. We are also continuing to provide MoFo Brexit Briefings on a...

• JD Supra European Union

The EU General Court (“Court”) reduced the fines imposed on Servier SAS and its subsidiaries (“Servier”) from a total of €428 million to €315 million (see press release no. 194/18), thereby partially annulling a European Commission (“Commission”) decision.

• JD Supra European Union

After a legislative procedure lasting more than two years, the European Union has finally published its new “European Electronic Communications Code” (EECC). It provides updated rules for providers of traditional mobile and fixed telecoms services, establishes regulations for new online communications services and aims at further harmonizing a single European telecommunications market.

• JD Supra European Union

The MoFo European Private Funds Group knows you are busy so we don’t waste your time. Below are the tracks we are listening to right now – and why they matter...

• JD Supra European Union

Case: Leibson Corporation and Others v TOC Investments Corporation and Others [2018] EWCA Civ 763 (17 April 2018). The Court of Appeal of England and Wales (“CA”) has provided clarification on constructing contracts. Its decision is based on principles of contractual interpretation, and serves as an important reminder of the need to have clear contractual terms in any agreement...

• JD Supra European Union

ICT standardization is a key part of the European Union’s package of measures designed to improve Europe’s competitiveness and productivity. As part of the EU’s Digital Single Market (DSM) initiative, the European Commission has been working on common ICT standards that would ensure the interoperability of digital technologies, services, and devices.

• JD Supra European Union

Copyright reform is a key part of the European Union’s program to create a Digital Single Market in the EU. The European Commission’s goal is to modernize the entire EU copyright regime to reflect the digital age.