Freshfields Risk & Compliance

June 30, 2020

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EU opens new front in anti-subsidy probes to address cross-border subsidies

Two recent anti-subsidy investigations by the European Commission (EC) into imports of glass fibre fabrics and continuous filament glass...

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Noiana Marigo Natalia Zibibbo Rosario Galardi Matheus Bastos Oliveira

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June 26, 2020

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Uncertain about contractual performance? Possible remedies in the US, Argentina and Brazil

The COVID-19 pandemic is causing the suspension or termination of many contracts. At the heart of the problem lies the uncertainty...

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Daniel Gold Anthea Bowater

June 26, 2020

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Waiver of privilege: the end of the content/effect distinction?

The UK High Court has held that references in witness statements and opening submissions to 'taking comfort' from legal advice and...

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Felix Roscam Abbing Alvaro Pliego Selie

June 26, 2020

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Brands and influencers beware: UK and Netherlands zooming in on fake likes and reviews

On 25 June the Netherlands Consumer and Markets Authority (ACM) announced an investigation of fake accounts, fake reviews and fake likes....

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Harriet Hanks

June 25, 2020

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Court of Appeal refines guidelines for injunctive relief against 'persons unknown' in a protest context (England and Wales)

In Canada Goose UK Retail Ltd v Persons Unknown [2020] EWCA Civ 303, the Court of Appeal has refined guidelines for injunctive relief...

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Melanie Fitzsimons Mark Kalderon James Smethurst

June 24, 2020

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Beyond transition – some clarity on UK financial services reforms

In a series of ministerial written statements, consultations and discussion papers, HM Treasury and the Financial Conduct Authority (FCA)...

Bruno Aguirre Géraldine Jaffrès

June 23, 2020

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Belgian legislator suspends notice periods for employees in COVID-19-related furlough

On 22 June 2020, the law of 15 June 2020 regarding the suspension of the notice periods for dismissals notified prior to or during a...

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Benjamin Guest Clara Browne

June 23, 2020

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UK Supreme Court upholds adjudication for insolvent companies

In the recent decision of Bresco Electrical Services Limited (in liquidation) v Michael J Lonsdale (Electrical) Limited, the UK Supreme...

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Eugene McQuaid Andrew Austin Martin Mekat Rachel Duffy

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June 23, 2020

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EU 'class actions': political agreement finally reached

Just over two years ago, the European Commission proposed its final draft proposals for its New Deal for Consumers, including for the...

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Deba Das Haris Ismail

June 23, 2020

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In safe hands? UK CMA investigates excessive pricing of sanitiser products

The UK’s Competition and Markets Authority (CMA) has launched investigations into four pharmacies and convenience stores suspected of...

Joanna Goyder

June 19, 2020

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Wide-ranging new EU tool targets foreign state subsidies

The European Commission’s controversial white paper on levelling the playing field as regards foreign subsidies (PDF) published on 17...

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Nikolaas Van Robbroeck

June 19, 2020

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COVID-19: Belgian loss carry-back to provide liquidity to corporate taxpayers

As an immediate response to the COVID-19 outbreak, the Belgian federal, regional and local authorities introduced tax measures in order...

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June 19, 2020

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Green light for UK superfunds?

The Pensions Regulator (TPR) has published interim guidance on the regulatory framework it will apply to superfunds (also known as 'DB...

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Fabrizio Arossa Federico Mercuri Valerio Letizia

June 18, 2020

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COVID-19 and commercial leases in Italy: an important judgment

On 29 May 2020, the Court of Rome ruled on the interim-relief application brought by a commercial tenant seeking to be discharged from...

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Weronika Bukowski

June 18, 2020

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The revised US DOJ compliance guidelines: four key themes for global companies

On June 1, 2020, the US Department of Justice (the DOJ) announced a newly revised version of its Evaluation of Corporate Compliance...

Thomas Lübbig

June 17, 2020

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A fresh look at vertical restraints: study evaluating EU distribution rules published

The revision of the Vertical Block Exemption Regulation (VBER) and the accompanying guidelines is one of the many long-term reform...

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Ricky Versteeg

June 17, 2020

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UK Supreme Court provides guidance on mitigation in competition damages claims

The UK Supreme Court has today provided important legal guidance (PDF) on the issue of the 'passing-on' of any damages in antitrust...

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Nicholas Squire Alice Greenwell Holly Insley David Mendel Kate Pumfrey Rose Pollard

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June 17, 2020

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Flexible furlough – revised guidance published on the UK Coronavirus Job Retention Scheme

On 12 June, the UK government published revised guidance on its Coronavirus Job Retention Scheme (JRS) (likely to now be generally...

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Juan Pastor

June 17, 2020

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WorkLife 2.0: Spain – the 'new normal' in the workplace

The Spanish government has passed legislation aimed at preventing COVID-19’s resurgence. What do these new rules mean for the ‘new...

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Lucy Isaac

June 16, 2020

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High Court decides auditors – not audit clients – are to assess whether documents are privileged and can be withheld from the FRC

An auditor producing documents to the Financial Reporting Council (the FRC) must make its own assessment of whether those documents are...

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Stefan Tüngler Konrad Riemer

June 15, 2020

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Germany’s national strategy for the crude oil of the future: hydrogen

Germany's federal government has made hydrogen the cornerstone of the country’s energy policy reform. This is because hydrogen:

is an...

Deba Das Daniel Wylde Sophie Tang

June 12, 2020

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The latest test for the CMA’s increased pursuit of director disqualifications – High Court hears the CMA’s first application for a Competition Disqualification Order

This week saw the High Court hear, over the course of a virtual four-day hearing, the Competition and Markets Authority’s (CMA) first...

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Elizabeth Forster Clara Browne

June 12, 2020

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Are you contracting with the UK government? New Tussell Report reveals the impact of the pandemic on public spending

The COVID-19 pandemic has had a significant impact on public spending in the UK.

From ventilators and PPE equipment to free school...

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Wings Turkington Karen Kong Joaquin Terceño Rebecca Sambrook

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June 11, 2020

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Asia: what’s next for disputes emerging from the COVID-19 crisis and the recent developments in key areas

As COVID-19 spread across the globe like wild fire, many of its effects – including an economic downturn and emerging disputes risks –...

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Nicola Jones

June 11, 2020

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WorkLife 2.0 – 'my algorithm boss is watching me': will employee-surveillance software be the trade off for more home working?

The COVID-19 pandemic has seen employers across sectors and jurisdictions adopting drastic and prolonged working-from-home...

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Stephan Dorn Alexandra Morgan

June 10, 2020

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The German UPC story: take 2 (and is the London seat up for grabs?)

The German Federal Ministry of Justice shows unexpected pace in repeating the legislative process for the German Act of Approval for the...

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Holly Insley

June 9, 2020

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WorkLife 2.0 – a change in speak-up culture?

Anyone who has read a newspaper, spoken to colleagues or taken a look at social media recently will have seen references to the ‘new...

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Piers Reynolds Emma Probyn

June 8, 2020

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COVID-19 and lending to SMEs: the disputes landscape in the UK

The 2008 financial crisis and ensuing economic downturn was felt acutely by small and medium-sized enterprises (so-called SMEs), and led...

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Markus Stoffels

June 8, 2020

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German government announces €130bn fiscal package to mitigate the economic consequences of COVID-19

The German government has introduced significant COVID-19 tax-related measures with the aim of assisting German individuals and companies...

Laura Llangozi Jean-Francois Gerard

June 8, 2020

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WorkLife 2.0 – impact of the pandemic and EU law developments on gig workers

The gig economy was in the spotlight before the pandemic and it continues to be, with gig workers in many businesses having been kept...

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Thomas Lübbig

June 5, 2020

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The EU’s (proposed) new competition tool – a paradigm shift towards more intervention in digital markets and possibly beyond

When, on 2 June 2020, the European Commission started a public consultation on its proposed new competition tool (NCT), this may have...

Andrew Murphy Amy Rentell

June 5, 2020

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DB to DC transfer advice – will the COVID-19 lockdown fuel the fire?

Since the introduction of pension freedoms in 2015, an estimated £80bn has been transferred out of UK defined-benefit (DB) pension...

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Sascha Arnold

June 5, 2020

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The EU Conflict Minerals Regulation – new due diligence requirements for importers

In less than six months (ie as of 1 January 2021), EU-based importers of certain minerals and metals will have to comply with new supply...

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David Jansen

June 5, 2020

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Fund managers' fees and expenses - ESMA briefs national regulators

The European Securities and Markets Authority (ESMA) has published a supervisory briefing to promote convergence in the supervision of...

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Nina Bayerl Corin Gittinger

June 5, 2020

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Germany's FRAND rollercoaster: courts add new (or old?) elements to the ECJ's Huawei vs ZTE dance

In the five years since the CJEU made its landmark decision on FRAND in Huawei vs ZTE (C-170/13), courts in Düsseldorf and Mannheim have...

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Bryan Dayton

June 4, 2020

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How to succeed with KSA construction claims in the current climate

With the impacts of COVID-19 and falling oil prices ongoing, the risk of delay and disruption to construction projects in the Kingdom of...

Nikolaas Van Robbroeck

June 4, 2020

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COVID-19: Belgian tax recovery measures to restore liquidity and solvency position of corporate taxpayers

As an immediate response to the COVID-19 outbreak, the Belgian federal, regional and local authorities introduced several tax measures to...

Ashley Jones

June 3, 2020

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ERA Pledge surpasses 4,000 signatories

In January 2020, the Equal Representation in Arbitration Pledge ('the ERA Pledge'), launched in 2016 to address the under-representation...

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Caroline Stroud Chantelle Nicholas Holly Insley Oliver Dudok van Heel Rose Pollard

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June 3, 2020

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WorkLife 2.0 – diversity challenges in the ‘new normal’

The COVID-19 pandemic has led to employees across the world working from home at an unprecedented level. Employers have had to quickly...

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Nicholas Squire Alice Greenwell Caroline Stroud Holly Insley David Mendel Kate Pumfrey

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June 2, 2020

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The UK Coronavirus Job Retention Scheme – to become more flexible for employers, but also more expensive

Following considerable press speculation, the Chancellor of the Exchequer announced various adjustments to the Coronavirus Job Retention...

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Caroline Stroud Charles Smye

June 1, 2020

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WorkLife 2.0 – what is a UK employer’s duty of care during this pandemic?

Since their publication on 11 May 2020, much of the focus has, quite rightly, been on the UK government’s guidelines on working safely...

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Helena Blake

June 1, 2020

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COVID-19: beware of heightened AML risks

The Financial Action Task Force (FATF) recently published a report (PDF) on COVID-19-related money laundering and terrorist financing...

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