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Schoenherr | European Union, Poland | 15 Jun 2017

Parliament adopts Act on Private Enforcement of Competition Law

Parliament recently adopted the Act on Private Enforcement of Competition Law, which transposes the EU Antitrust Damages Directive into Polish law. The act aims to enhance the enforcement of the payment of compensation by companies that have infringed competition rules. The introduction of legal presumptions shifting the burden of proof onto the infringer and specific rules on the disclosure......
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Baker McKenzie | European Union | 1 Jun 2017

Missed opportunity: ECJ confirms expansive selectivity concept

The European Commission continues to expand the concept of selectivity – the key feature of any state aid measure – to outlaw member states' measures as state aid. It has done so in its high-profile tax rulings cases, and the European Court of Justice refused to curtail this expansive approach in its judgment in the Spanish goodwill cases.
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Ropes & Gray LLP | USA | 31 May 2017

Delaware Chancery Court dismisses disclosure claims relating to AOL's acquisition of Millennial Media

In an action challenging the disclosures issued by Millennial Media in connection with its 2015 acquisition by AOL, the Delaware Court of Chancery held that a claim alleging insufficiency of disclosures and whether they are misleading or incomplete in a way that is material to the stockholders should be pursued pre-closing (and not post-closing).
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Levitan Sharon & Co | Israel | 30 May 2017

Failure to implement risk mitigation measures results in dismissal of insurance clause

Before the Insurance Contract Law 1981 was enacted, failure to take protective measures could lead to a complete loss of benefits. However, following its entry into force, most court rulings have applied Article 21 of the law, which provides that if the insured fails to take risk mitigation measures as stipulated in the insurance contract, the insurer may be entitled to reduce the insured's......
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Grau & Angulo | European Union, Spain | 22 May 2017

Protective letters finally regulated in Spain

The new Patents Act, which recently came into force, aims to modernise the Spanish patent system and bring it further into line with EU and international legal frameworks. One of the most notable amendments regarding patent litigation is the introduction and regulation of protective letters in Spain for the first time. As of April 2017, protective letters will be accepted by all competent......
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Clifford Chance | Germany | 19 May 2017

New insolvency law for groups of companies finalised

The Law for the Facilitation and Management of the Insolvencies of Groups of Companies will enter into force in April 2018. The new law places no emphasis on a consolidation of the insolvency estates of certain group companies. Instead, it firmly sticks to the principle of 'one company, one insolvency proceeding'. Consequently, an insolvency of a group of companies will still lead to multiple......
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Schoenherr | European Union, Hungary | 18 May 2017

Implementation of EU Antitrust Damages Directive

An important part of the recent major amendment to the Competition Act was the timely implementation of the EU Antitrust Damages Directive into Hungarian law. While it was already possible to claim damages for a competition law infringement under Hungarian law, the directive's implementation introduced special rules for damages claims arising out of competition law infringement and the......
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Rato, Ling, Lei & Cortés Advogados | Macau | 18 May 2017

Proposed changes to leasing regime under Civil Code

Macau's legal regime for real estate rentals is set out in the Civil Code, with specific rules on rental prices. These terms are expected to be improved to cope with the reality of the market. According to the Legislative Assembly, the leasing regime reform provides for further protection and control based on the Civil Code and intends to enhance the local lease market with affordable rental......
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Ropes & Gray LLP | USA | 10 May 2017

Court more likely to equate deal price with fair value following appropriate sales process

A Delaware appraisal decision issued during the fourth quarter of 2016 reinforces that the Delaware courts are more likely to give substantial evidentiary weight to the deal price as an indicator of fair value where the transaction was the product of an appropriate arm's-length sales process between two independent parties.
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Dentons | Canada, USA | 2 May 2017

Ontario Court of Appeal disqualifies law firm despite compliance with ethical screen

The Ontario Court of Appeal recently disqualified a law firm from acting for one of its longstanding insurer clients in an insurance dispute where a lawyer who had assisted with carriage of the plaintiff's claim in the dispute moved his practice to the law firm representing the defendant insurer. While the decision is not apt to have an extensive impact on lawyers transferring between law......
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