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25 September 2021

RJ GAITO Transaction and Regulatory News

News

Litigation Speed Read: Luxembourg Litigation Reform

Sep 23 2021
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With the aim of improving the efficiency of civil and commercial court proceedings, Luxembourg enacts the law of 15 July 2021 reforming aspects of its civil and commercial litigation rules and procedures; majority provision of which entered into force on September 16th, 2021.

BREXIT and implications on recognition and execution of UK judgements in Luxembourg

May 19 2021
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On 31 December 2020, the UK departed from the EU without having received the required consent to its accession to the Lugano Convention of 2007.  The Lugano Convention regulates both international jurisdiction and the recognition and enforcement of foreign judgments in civil and commercial matters.

On 8 April 2020, the UK applied to accede to the 2007 Lugano Convention in its own right.  However, in a recent communication to the EU Parliament and to the Council of the EU of 4 May 2021, the EU Commission is recommending to reject the application of the UK to accession of the Lugano Convention and that the UK should be treated as third countries via the application of the 2019 Hague Convention. 

Listen to our podcast on EU General Data Protection Regulation (GDPR) and China's newly issued draft Personal Information Protection Law (PIPL).

Apr 08 2021
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Which companies should take careful notice of this and how? In this episode I found my co-partner Zach Lichtblau in Shanghai and Mr. Ronnen Gaito in Luxembourg willing to discuss this heavy topic in a relatively light conversation. Ronnen explains how in the EU companies were affected in their daily management by the GDPR, what you should take into consideration with cross border transfers and how it was implemented and executed and Zach compares that with the expectations of the PIPL in China.

RJ Gaito appoints Gwendoline Bella as a litigation partner

Dec 10 2020
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RJ Gaito is peased to announce the appointment of Gwendoline Bella as a litigation partner. Gwendoline is highly experienced  as a dispute resolution lawyer; she represents Luxembourg and international clients from the first instance courts to the Luxembourg Supreme Court.

Data Protection and Cyber Update - September 2020

Sep 01 2020
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The Court of Justice of the European Union (CJEU) on July 16, 2020, delivered its latest judgment in Max Schrems’ case against Facebook Ireland Ltd. and Data Protection Commissioner (Ireland) (Max Schrems II). In a landmark decision, the CJEU struck down the European Union United States of America (EU-US) Privacy Shield scheme as a mechanism allowing US commercial companies to transfer and store EU personal data in the US...

Litigation Speed Read – RJ Gaito secures an important Luxembourg Court of Appeal judgment

May 07 2020
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Our client, a leader in the software industry, recently prevailed in the Luxembourg Court of Appeal and received a favorable judgment that tacitly reconfirms a Supreme Court judgment (“Cour de Cassation”) of January 24, 2020. The judgment is of particular importance since it touches upon the essential elements of Luxembourg commerce and contract law and we were gratified that the Luxembourg Court of Appeal followed our reasoning.

COVID-19/ Restructuring & Insolvency Risks - The Luxembourg Perspective

Apr 03 2020
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General guiding princiles for restructuring

  • In the face of financial difficulties or liquidity risk, react promptly without delay in order to ascertain if one could qualify for one of the Luxembourg bankruptcy protection mechanisms:
    • A Scheme Of Composition (concordat préventif de faillite). A protective measure that enables companies in financial difficulty to come to an arrangement with their creditors and to avoid being declared insolvent.

      The scheme of composition must be accepted/approved by the court and the creditors.
       
    • Suspension Of Payments. Enables a company to deal with temporary financial difficulties by authorising it to suspend its payments to creditors for a given period of time.
    • ...

Data Protection and Cyber Update

Feb 17 2020
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Data Protection is now in full swing and has extensive extraterritorial effects outside the EU. It is a complex matter which we want to highlight and which we wish to reiterate in this update.

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