Evolving Landscape for Representative Actions
Publication | 01.10.23
An EU directive has set the stage for broader, more harmonized legal redress for consumers across member states
Group actions—the European equivalent of U.S. class actions, which the EU calls “representative actions”— historically have met with limited success due to stiff legal and cultural opposition. This could change soon, however, in response to an EU directive intended both to broaden legal redress for consumers and harmonize requirements and procedures across member states.
The European Parliament approved EU Directive 2020/1828, known as “Representative actions for the protection of the collective interests of consumers,” late in 2020. The directive gave member states until December 2022 to incorporate its mandates into their national laws, plus six months for implementation.
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Publication | 06.24.26
How to Reduce the Risk of Commercial Disputes Through Better Contracts
As a disputes lawyer, I come across many disputes that were entirely avoidable, and it is fair to say that commercial disputes are among the most costly and disruptive events a business can face. They consume management time, damage commercial relationships, generate significant legal costs, and — in severe cases — threaten the viability of an enterprise altogether. Yet a significant proportion of disputes that find their way into arbitration tribunals, courtrooms, or mediation suites are not the product of bad faith or genuinely irreconcilable differences. They are, at their root, the product of poorly drafted contracts: documents that failed to anticipate risk, allocate responsibility clearly, or provide workable mechanisms for resolving problems when they arise.
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