In a 9 September 2020 decision,(1) the first civil chamber of the Supreme Court held that under Article 16 of the Code of Civil Procedure, a judge cannot refuse to examine expert reports which disfavour a party that was not called on or represented during the expert proceedings.
Decisions
The Supreme Court overturned the Poitiers Court of Appeal s decision which had found the judicial expert s report in question to be unenforceable against a party on the grounds that the latter had neither been called on nor represented at the expert proceedings, insofar as it was brought before the court after the filing of the judicial expert s report.
A new Coastguard regulation has established the maximum speed between km 406 and km 435 of the Parana River. This regulation is the result of pressure from local dinghy sailors and yacht owners which have allegedly suffered damages while moored in this spot. The reported damages were allegedly caused by the waves that vessels produce when travelling at high speeds.
Introduction
Companies in the fashion, luxury and agricultural spaces should take action in response to the forced labour supply chain due diligence requirements which Customs recently announced in connection with withhold release orders (WROs) that prohibit the import of cotton and tomato products with any nexus to the Xinjiang province.
Following the region-wide WROs against cotton and tomato products produced in China s Xinjiang Uyghur Autonomous Region (XUAR), Customs and Border Protection (CBP) has provided XUAR-specific FAQs. The FAQs clarify CBP s approach to enforcement of the WROs and publish its requirements to satisfy the burden of proof to evidence that goods were not produced with forced labour. However, underlying challenges remain. The far-reaching implications of WRO coverage and fundamental supply chain visibility feasibility issues mean that importers of covered goods with any nexus to the Xinjiang region should take action to meet the burden of proof that CBP may
During economic downturns, valuations drop and dealmakers rightly expect a shift from a sellers' to a buyers' market. It is uncertain whether this will prove to be true for the COVID-19 recession. This article highlights how in-house M&A strategists can navigate present acquisition challenges and looks ahead to what the European M&A market may look like in the years to come.
Introduction
For the first time in history, a private party has successfully challenged an acquisition and obtained an order requiring a divestiture of a company that had been acquired years before the case was filed. In a highly anticipated decision, a court of appeals has affirmed that order.
Even though this case,
Steves & Sons, Inc v JELD-WEN, Inc, is a first-of-its-kind result, the decision is centred on principles of antitrust law and procedure that are unremarkable:
Private parties can sue for divestiture. This has been a well-known principle based on Supreme Court precedent since at least the early 1990s.
There is no specific statute of limitations to challenge an acquisition.