World leaders representing governments and industry came together in Glasgow, Scotland for COP26 to address how to achieve targets set as part of the Paris Climate Agreement 20151.  The Paris targets—using pre-industrial temperature levels as a baseline—aim to limit the rise in global temperature this century below 2deg Celsius, and to pursue efforts to limit the rise even further to 1.5deg Celsius. Three years after the Paris Agreement, the Intergovernmental Panel on Climate Change (IPCC) special report on 1.5C...

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Patent infringement litigation is expensive. It is typical to see legal fees in the seven-figure range to defend a patent litigation all the way to a jury trial. Facing the prospect of an injunction and damages can cripple a company’s cash flow or market power.  It also can take you away from focusing on running your business resulting in collateral damage to your business. The best and most inexpensive way to defend against a complaint for patent infringement is to...

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In this fifth alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation titled the Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, we analyze what laws, and their alleged infringement, may give rise to collective redress suits in the EU once enforcement of the Directive begins in 2023. We also consider what companies may do between now and then to prepare. What Laws...

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On 18 November 2021, the European Data Protection Board (the “EDPB”) published guidelines on the interplay between article 3 GDPR, on the territorial scope of the GDPR, and Chapter V of the GDPR, on international transfers. The guidelines clarify the concept of international transfers and provide clarification on the necessity of a transfer mechanism through several practical examples. The extra-territorial applicability of the GDPR and ambiguity relating to international transfers The GDPR does not only apply to data controllers and processors...

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With demand for energy on an increasingly upward trajectory over the course of the decade, the Government is concomitantly increasingly concerned about the security of Ireland’s energy supply. The challenges facing Ireland’s energy supply can be summarised in four key points: (1) lower than expected availability from some existing power stations; (2) anticipated new power stations not being developed as planned; (3) expected growth in electricity demand, including from data centres; and (4) expected closure of some power stations...

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Luxembourg, 3 December 2021 – Stéphanie Lhomme has joined Arendt Regulatory & Consulting in the role of Director in order to strengthen Arendt’s advisory services offering to clients in the areas of Forensic Investigations, Anti-bribery & Corruption, and Corporate Intelligence. Before joining Arendt Regulatory & Consulting, Stéphanie worked at major advisory firms in France, the US and the UK. Financial crime in the broadest sense is on the rise (fraud, corruption, money laundering, misuse of corporate assets, theft of information and...

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This week's special newsletter provides an overview of notable changes in Canadian immigration including all measures directly related to the COVID-19 pandemic. Here are the most important news since the beginning of the pandemic and travel restrictions as of December 1st, 2021. Molecular testing will be required upon arrival in Canada by air International travellers (excluding the USA) entering Canada by air will be required to undergo a molecular screening test upon arrival - including vaccinated travellers. Travellers should then be quarantined...

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The pandemic is still with us as the year winds down and has not yet become endemic, like the seasonal flu.  Even before the new Omicron variant was sequenced, Europe was being particularly hard hit, and social restrictions, especially among the unvaccinated, were spurring social strife.  US cases, notably in the Midwest, were rising, and there is fear that it is 4-6 weeks behind Europe in experiencing the surge.  Whatever herd immunity is, it has not been achieved.  Moreover,...

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The third quarter of 2021 ended with commodity prices continuing their upward movement. While U.S. crude oil prices modestly increased 2.1% during the quarter to $75.03 per barrel, this does not reflect the wide swings during the quarter, including a +20% increase in WTI prices from mid-August as steadily increasing demand and concerns about future supply created a bullish trend for oil. The drilling rig count rose by 51 rigs (per Baker Hughes) during the third quarter of 2021,...

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