Expert Analysis

• Recent Cases Mark Maturation Of CAT Class Cert. Approach

  

  The Competition Appeal Tribunal's recent refusal to grant collective proceedings applications against Visa and MasterCard in the Commercial and Interregional Card Claims case shows that the tribunal takes its role as a gatekeeper seriously, and that it will likely continue to be difficult for defendants to defeat certification first time around, say lawyers at Linklaters.

• Why The UK Needs Tougher Fraud Enforcement

  

  The Crown Court's recent conviction of Anthony Constantinou for running a Ponzi scheme is a rare success for prosecutors, highlighting the legal system's painfully slow course when it comes to complex fraud, and the need for significant funds and resources in the fight against financial crime, says James Clark at Quillon Law.

• Global M&A Outlook: Slow But Moving Along

  

  Global merger and acquisition markets had a tough start to the year, with inflation, rising interest rates and the Ukraine conflict knocking sentiment, but in the macroeconomic, deal makers have continued to unearth pockets of activity to keep deal volumes ticking over, say lawyers at White & Case.

• Emmentaler Case Elucidates Recipe For EU Food Trademarks

  

  In light of the EU General Court recently rejecting the Emmentaler cheese trademark application for lacking distinctive character and not meeting the geographical indication requirements, producers must ensure to protect their trade names before they become commercially generic, says Lars Karnoe at Potter Clarkson.

• Why Int'l Investors Should Keep An Eye On German M&A Regs

  

  While German reform proposals will digitize corporate law formalities that have long been immune to change, international limitations remain, particularly for countries outside the European Union, as Germany moves to tighten regulatory hurdles to control inbound investment, say Marcus Geiss and Sonja Ruttmann at Gibson Dunn.

• Mass EU Privacy Litigation May Be Imminent After GDPR Case

  

  While the EU Court of Justice decision in Österreichische Post, clarifying that personal data infringements under the General Data Protection Regulation must be effectively compensated, has not yet opened the floodgates for data breach litigation, it has definitely encouraged individuals to pursue damage claims, says Jan Spittka at Clyde & Co.

• What Google Case Means For Privacy Class Action Litigation

  

  While the recent High Court decision in Prismall v. Google UK and DeepMind highlights the high bar for bringing collective actions on an opt-out basis and the difficulties of relying on the tort in misuse of private information, it is not impossible as long as the case is right, says Kingsley Hayes at Keller Postman.

• Meta Fine Offers EU Data Privacy Compliance Warning

  

  The recent record €1.2 billion fine against Meta highlights that all transfers of EU personal data to U.S. companies inherently risk breaching the General Data Protection Regulation, so companies should examine whether privacy compliance is sufficiently built into their business model, says Eddie Powell at Fladgate.

• Failed Libel Claim Shows Need For Political Donation Controls

  

  While the recent High Court decision to throw out a Tory donor's libel claim demonstrates that courts will not hesitate to pull the plug on baseless and resource-draining claims, it also highlights the need for robust checks on political party donations and stronger anti-SLAPP legislation, says Helen Taylor at Spotlight on Corruption.

• Unified Patent Court Advantages Leave US Trailing Behind

  

  Amplifying the shortcomings of litigation in the U.S., including inter partes reviews that significantly threaten the validity of patents, the recently launched Unified Patent Court regime will put further pressure on American legislators and add to Europe's attractiveness as a litigation venue, say lawyers at Sisvel and Franzosi Dal Negro.

• Examining The Effects Of Increased Construction Insolvency

  

  With a significant rise in construction firm insolvencies, proactive monitoring of key counterparties is paramount, and if early warning signs such as failure to pay suppliers or a turnover in key management are triggered, parties should take steps to minimize exposure and potential losses, say lawyers at Reynolds Porter.

• Ensuring Construction Project Insurance Cover Is Adequate

  

  There are a number of ways for practitioners to secure appropriate insurance for a construction project, and it is as important to consider who is covered under the policy as it is the specific terms and obligations, say lawyers at Gowling.

• GDPR Case Sheds Light On Threshold For Individual Damages

  

  The recent EU Court of Justice judgment in Österreichische Post clarified that an individual must suffer damages from an infringement of the General Data Protection Regulation to claim compensation, but the lack of guidance regarding calculation creates further ambiguity for organizations and an opportunity for individuals to forum shop, say lawyers at Van Bael & Bellis.

• What Private Investment Can Bring To Barristers' Chambers

  

  The recent private equity investment in The Barrister Group, believed to be the first at the Bar of England and Wales, demonstrates how an upgrade in chambers' business processes and technology can be achieved, both essential for the future of the profession, says Harry Hodgkin at The Barrister Group.

• The Path Forward For Blockchain Patents In The UK And EU

  

  The U.K. Intellectual Property Office's recent refusal of an IGT patent application highlights that certain blockchain innovations, including those relating to improved security, are more likely to be patentable than others, which is consistent with the overall European approach and available data, says Andrew Rudhall at Haseltine Lake.