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Unilever – Too Big to Pay?

November 18, 2019

The Court’s decision rested on whether the patents provided outstanding benefit to the employer’s undertaking. By Deborah J. Kirk and Catherine Marie Hughes On 23 October, the UK Supreme Court (UKSC) handed down its highly anticipated ruling in Shanks v Unilever [2019] UKSC 45 — the conclusion to an extensive campaign by Professor Shanks to obtain compensation for an invention he created in 1982, during the course of his employment with Unilever. The UKSC upheld…

New Multi-Target French Climate Energy Package Boosts Objectives

November 18, 2019

The legislation includes six key measures to cut greenhouse gas emissions and to reach carbon neutrality by 2050. By Paul A. Davies and Michael D. Green The French Parliament has adopted a new climate energy package to tackle the effects of climate change and boost France’s energy transition endeavors to reach carbon neutrality by 2050. As per Article 4.1 of the 2015 Paris Agreement, carbon neutrality is defined in the package as the balance, across…

Revised UK Stewardship Code Emphasises ESG

November 15, 2019

Despite an increased focus on ESG, the Code has received criticism for providing less stringent requirements than an earlier proposal. By Paul A. Davies and Michael D. Green The Financial Reporting Council (FRC) has published the final draft of the UK Stewardship Code 2020 (the Code), which sets out standards for UK institutional investors to adopt when engaging with their investments. Effective 1 January 2020, the revised Code places a greater focus on environment, social,…

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DSGVO-Prozesse vor Zivilgerichten: Keine Beweislastumkehr

November 15, 2019

Von Tim Wybitul In der Fachliteratur sowie in entsprechenden Zivilprozessen liest man häufiger, dass sich aus dem Rechenschaftsprinzip des Art. 5 Abs. 2 DSGVO eine Beweislast datenschutzrechtlich Verantwortlicher ergebe. Im Dezember-Heft der Zeitschrift für Datenschutz (ZD) zeigen Mehmet Celik und ich, welche Gründe gegen diese Ansicht sprechen. Den Beitrag Können Sie dank freundlicher Genehmigung des Verlags C. H. Beck hier gratis abrufen. Einen weitergehenden Überblick über die Rechtsprechung deutscher Gerichte zu immateriellen Schadensersatz klagen wegen…

Council of EU Adopts ESG Disclosure and Benchmarks Legislation

November 15, 2019

The formal adoption reflects the EU’s acknowledgement that a robust system of sustainable finance will be essential to the proposed capital markets union. By Paul A. Davies and Michael D. Green On 8 November 2019, the Council of the EU published a press release announcing the adoption of legislative reforms that aim to enhance the proposed capital markets union. Notably, two of the reforms are related to sustainable finance: the Low Carbon Benchmark Regulation (LCBR),…

English High Court Confirms Costs Award Part and Parcel of Substantive Award

November 13, 2019

The Court’s ruling supports the general principle that costs follow the event. By Oliver E. Browne and Robert Price In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris [2019] EWHC 2735 (Ch), the English High Court held that any arbitration award as to costs stood or fell with the substantive award. Therefore, if the substantive award was overturned by the court, the costs award would cease to…

German Court Dismisses Farmers’ Climate Protection Claim

November 13, 2019

The court argued that the German government’s 2014 decision on climate protection goals for 2020 was not legally binding. By Jörn Kassow On 31 October 2019, the Administrative Court of Berlin dismissed a climate lawsuit brought by German citizens against the government. The plaintiffs had alleged that the government was violating their rights by missing certain climate protection targets. In 2014, the German government adopted its climate protection goals for 2020, which aimed at a…

Financial Institutions and the Cloud: How to Navigate an Evolving Regulatory Landscape

November 12, 2019

Insights from Latham’s flagship event: Managing the risk and promise of digitisation in financial services. By Fiona Maclean, Stuart Davis, and Alistair Wye In a bid to keep pace with rapid advances in cloud adoption across financial services, regulators have published a raft of new guidance in the past year. Most recently, the European Insurance and Occupational Pensions Authority launched guidelines for insurers and reinsurers on outsourcing to cloud providers in July 2019,…

UK Releases New Details on Net Zero Target Measures

Global FinTech & Payments Blog

November 12, 2019

The announcements signal how both the Net Zero Review and the IETF will impact the UK’s transition to net zero. By Paul Davies and Michael Green On 2 November 2019, the UK government announced further details on two initiatives focused on helping the UK reach net zero greenhouse gas emissions by 2050. The first of these measures, HM Treasury’s Net Zero Review (Review), will consider how the UK should fund efforts to meet its net…

Financial Institutions and the Cloud: How to Navigate an Evolving Regulatory Landscape