Thirteenth edition highlights ever-increasing threat to cyber security and data protection
We have released our 2017 Litigation Trends Annual Survey. This year’s survey polled more than 300 senior corporate counsel representing US-based organizations on disputes-related issues and concerns.
Survey respondents point to a growing threat to cyber security, an issue they indicate stands as the greatest emerging threat to a business. Nearly two-thirds of those polled (63 percent) feel more exposed to disputes in this area.
This year’s survey report also revisits its litigation minimization framework, a tool introduced last year to suit a company’s specific situation. In-house counsel can use this framework to review their current approach and implement measures to reduce litigation risk and costs. The program was well-received in its first year, with 95 percent of respondents implementing at least one recommended key measure. Training emerges as the leading factor in preventing litigation. Early case resolution, embedding lawyers in the business and proactive contract review have also shown to be highly effective.
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On 24 October 2024, the Court of Justice of the European Union (CJEU) confirmed that the European Commission’s (the EC) 2009 decision, which imposed a (then record) €1.06 billion fine on Intel, was flawed as far as it found that loyalty rebates granted by Intel had anti-competitive effects.
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The Dutch tax classification system for non-Dutch entities will undergo significant changes as of 1 January 2025.
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In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors [2024] EWCA Civ 719 the Court of Appeal held that the claimant sellers (the Sellers) were entitled to claim the deposits promised under sale contracts as a debt despite the defendant buyers’ (the Buyers) breach of contract, which had resulted in the non-fulfilment of a condition precedent to the payment of the deposits.
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