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JD Supra European Union

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

Law Firm

Latest documents

  • Corporate Sustainability Due Diligence Directive: Final Sprint to the Finish Line

    The EU legislature has finally reached an agreement on the text of the Corporate Sustainability Due Diligence Directive (CS3D) (see here our previous client alert). The CS3D profoundly affects the ways companies active in Europe will manage their supply relationships and supply chains worldwide. The CS3D also establishes legal liability for companies regarding both environmental and human rights harm within their supply chain. EU and non-EU companies should be aware that violations of the CS3D may result in fines of up to 5% of their net worldwide turnover, harming the company’s reputation by naming and shaming, and potential private enforcement. Its global impact may be compared to that of the General Data Protection Regulation (GDPR).

  • European Court of Human Rights Delivers Three Landmark Rulings on Climate Change

    For the first time, the Court has confirmed that the adverse impacts of climate change fall within the ambit of human rights protection under the European Convention of Human Rights, obliging States to implement effective mitigation measures. On 9 April 2024, the European Court of Human Rights delivered three Grand Chamber rulings in climate change-related cases. These three separate judgments are the latest in a number of climate litigation in recent years. While two of the cases were dismissed as inadmissible on varying grounds, the Court concluded that Switzerland had breached Article 8 of the European Convention of Human Rights (ECHR) by failing to implement effective measures to combat climate change. This development is highly likely to lead to similar challenges to governments’ climate policies in the near future, and likely influence the litigation strategy of those bringing actions against both States and companies.

  • Unlocking Digital Infrastructure: European Market Drivers and Trends

    M&A activity in the digital infrastructure sector has been growing year-on-year in Europe, with deal counts and cumulative deal values highlighting the resilience of this asset class. 2024 is likely set to hit a new peak of transaction activities in volume and value of transactions, since at the end of 2023, the deal activity in the region already looked similar to the full-year 2021.

  • Regulatory monitoring: EU version - March 2024

    1. Bank regulation- 1.1 Prudential regulation- (a) General- (i) International- BCBA: Basel III monitoring report- Status: Final- BCBS has published its latest monitoring report setting out the impact of the Basel III framework, based on data as of 30 June 2023. It shows that initial Basel III capital ratios for a sample of the largest global banks were largely stable and above prepandemic levels in the first half of 2023, and that the leverage ratio rose further in Europe after declining in all regions during the pandemic. In the same period, the profit after tax of large internationally active banks increased to a record €279 billion. Date of publication: 06/03/2024.

  • EU Emergency Response Update – Key Policy & Regulatory Developments No. 112

    This regular alert covers key regulatory developments related to EU emergency responses, including in particular to Russia’s war of aggression against Ukraine, COVID-19, and cyber threats. It does not purport to provide an exhaustive overview of developments.

  • Global business in a changing Europe - 2024

    With Parliamentary elections and a series of national votes in 2024, the EU is entering a pivotal period in its history. In this study, ‘Global business in a changing Europe’, we speak to corporate leaders across the world to explore the bloc’s key risks and opportunities, their views on the EU’s regulatory structures – and how they are navigating this increasingly complex environment.

  • Key forthcoming EU legislation on Cybersecurity, Artificial Intelligence, Data and Digital Markets

    NETWORK AND INFORMATION SECURITY 2 DIRECTIVE (NIS2) - WHO WILL BE IN SCOPE? Operators of essential and important services across various sectors including energy, transport, banking, health, medical devices, chemicals and digital. In-scope entities in the digital sector include infrastructure providers (including cloud computing) as well as other digital providers such as online marketplaces, search engines and social networks.

  • AIFMD Refresher: Deal Notifications & Anti-Asset Stripping Rules

    The AIFMD contains numerous ongoing obligations that apply to sponsors and funds long after fundraising has completed. As part of our AIFMD refresher series, this article summarises one of the key AIFMD ongoing requirements that both EU and non-EU alternative investment fund managers must comply with for each fund marketed in the European Union and the United Kingdom. As most sponsors are aware, the AIFMD includes ongoing compliance requirements, including reporting to regulators and investors, post-deal notifications to EU and UK regulators and ESG investor reporting – this article focusses on the portfolio company and anti-asset stripping rules under Article 26-30 of the AIFMD.

  • AIFMD Refresher: The AIFMD Compliant Annual Report

    The AIFMD contains numerous ongoing obligations that apply to sponsors and funds long after fundraising has completed. As part of our AIFMD refresher series, this article summarizes one of the key AIFMD ongoing requirements that both EU and non-EU alternative investment fund managers must comply with for each fund marketed in the European Union and the United Kingdom. As most sponsors are aware, the AIFMD includes ongoing compliance requirements, including reporting to regulators and investors, post-deal notifications to EU and UK regulators and ESG investor reporting – this article focusses on the AIFMD-compliant annual report under Article 22 of the AIFMD.

  • Deal Flow 4.0: 5 Things We Learned About European Tech Deal Terms in 2023

    Venture capital investment in European startups reached over $60B last year, higher than pre-pandemic levels but lower than the highs of 2021 and 2022. To see how this changed deal terms, Orrick used in-house technologies, systems and processes to undertake a deep and unparalleled analysis of the deal terms of over 350 venture capital and growth equity investments our clients completed in Europe last year.

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