In the third installment in our series of programs on the private enforcement of competition law in European jurisdictions, partner Gerjanne te Winkel and associate Sophie van de Graaff discuss developments in the Netherlands, with particular attention to the effects of the 2014 EU Damages Directive, the actions available to victims of cartel activities, the passing-on defense, and other issues relevant to parties to these matters.
Jones Day partners Jürgen Beninca and Dieter Strubenhoff discuss how private litigation relating to antitrust and competition enforcement in Germany has changed in recent years, what factors claimants should consider when preparing to file an action, how these proceedings often play out, and what parties to these actions most need to understand.
In May of 2019, the Trump Administration lifted the suspension of Title III of the Helms-Burton Act. This cleared the way for U.S. nationals with claims to property in Cuba that was confiscated under the Castro regime to file suit in U.S. courts against persons that may be “trafficking” in that property. Jones Day Miami-based partners Rick Puente and Chris Pace discuss the most recent court actions and decisions related to Title III matters.
Private enforcement actions relating to antitrust matters has increased dramatically across Europe in recent years, both as follow-on damages claims in reaction to governmental enforcement actions, or as standalone competition claims pursued in litigation and arbitration by private parties. Jones Day partners Jürgen Beninca and Nicholas Cotter discuss what is behind the escalation in cases, including the effects of the European Union’s 2014 Damages Directive.
Long before ESG caught the attention of corporate boardrooms, Wall Street, and the investing public, socially responsible investing thrived in the form of tax credit investments, often in the form of incentives implemented by the federal and state governments to encourage the development of real estate projects beneficial to a specific community. Jones Day’s Jeff Gaulin, Patrick Cronin, Doug Banghart, and John Kelley explain how these programs work and the potential impact on the areas they are designed to help, as well as how they have expanded and can help investors of all kinds meet their ESG objectives. For more information on other ESG topics that may be relevant for your organization, please see our ESG insights page.
A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the “Tiffany” name. Jones Day partners Meredith Wilkes and Jessica Bradley explain why the decision is illustrative of the treatment of evidence at the summary judgment stage, while also providing clarification on differences between trademark infringement and counterfeiting.
Takeaways from this discussion:
- Green bond issues are surging worldwide, eclipsing US$257 billion in 2019.
- Major corporates, including many not usually associated with climate initiatives, are bringing green bonds to market, spanning the investment grade and high-yield spectrum and including more exotic instruments as convertibles and covered bonds.
- Green bond qualifying standards in Europe differ from those in the United States. An EU Green Bond Standard may be adopted as early as Q4 2020.
- First-time issuers should plan time to calibrate their green bond framework and prepare for reporting requirements, enhanced investor outreach, and potential for liability.
- “Greenwashing” remains a concern.
In this edition of Jones Day’s Women in IP series, partners Rebecca Swindells and Meredith Wilkes explore the challenges of protecting trade secrets when employees are working at home or other locations outside the office. They discuss the obligations incumbent on employers to protect trade secrets, the risks related to remote employees that should be addressed, and the legal remedies available when trade secrets are compromised.
Since the Trump Administration lifted the suspension of Title III of the Helms-Burton Act in May 2019, thereby allowing U.S. citizens to sue companies profiting from assets in Cuba seized under the Castro regime, high-profile corporations in several industries are facing—or are potentially facing—significant legal action. Jones Day partners Rick Puente and Chris Pace review recent developments and talk about what affected parties and stakeholders should watch for in 2020.
False advertising cases remain a complicated area of intellectual property law. Jones Day’s Meredith Wilkes, Jessica Bradley, and John Froemming talk about the types of false advertising claims, explain who can sue, describe the available remedies, and review the recent decision in the MillerCoors v. Anheuser-Busch Companies Super Bowl commercial case.