International businesses are seeing ever-increasing litigation risks in Europe. Whilst these developments do not necessarily follow the trends of litigation in the United States, there are some important issues that are currently creating controversy on both sides of the Atlantic. In this, the fifth issue of DRI Europe e-News, we see an interesting comparison between the latest developments in the role of the "pre-emption" defence in the United States with the way in which similar issues might be dealt with by the courts in Spain. In fact, this is a very significant issue for product suppliers throughout Europe, and one which will certainly continue to be hotly debated. In some respects, the principles that lay at the foundation of the "pre-emption" debate - namely that the civil claims regime should not produce results that are inconsistent with the objective of, and the standards set by, regulatory regimes, are arguably even more pertinent in Europe, where product regulation in most sectors is the strictest in the world. The resolution of this issue will depend on different considerations to those which have driven the developments in the US, but the debate as it continues in the United States is of great interest to European businesses and the lawyers who advise them.
We also see in this issue of DRI Europe e-News an interesting overview of anti-corruption legislation in Switzerland. Again, this is an issue of international relevance, and it is instructive to see the specific way in which the law in Switzerland is developing to create new challenges, and indeed new risks for businesses in that country.
All businesses operating in European markets are affected by the widespread impact of the development of data protection laws in Europe over recent years. The onerous obligations created by data protection laws operate at a number of levels, and we are regularly seeing high-profile organisations being criticised or sanctioned for failing to comply with those obligations. This issue of DRI Europe e-News includes an interesting discussion of certain data protection issues that have arisen in the UK and in Ireland.
The impact of data protection laws in Europe, and the implications of these laws for international businesses, will be of growing importance for European businesses, and DRI Europe will continue to monitor the developments, and share information amongst our membership.
Indeed, this will be a major focus of the second Annual DRI Europe Conference, to be held in Munich in May 2009. This will be an important event, with some outstanding and prominent speakers, which you will not want to miss. Further information about this event will be published shortly. Keep an eye out for that information, and mark up your diaries early to be part of it. It is one conference in 2009 you will not want to miss.
Rod Freeman
Chair, DRI Europe Leadership Council
rod.freeman@lovells.com
Please join us for the 2nd Annual DRI Europe Conference:
Culture Clash! Data Protection, Freedom of Information and Discovery.
How to Protect Your Business in Transnational Disputes
May 13-14, 2009 - Hotel Vierjahreszeiten Kempinski – Munich, Germany
