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In his Commercial Division Update, Thomas J. Hall writes: When there is no enforceable partnership agreement, the party seeking to establish an implied partnership must show that a partnership nevertheless exists based on the conduct, intention and relationship between the parties. Although no one factor is determinative, recent Commercial Division decisions have placed a heightened emphasis on the factor of shared losses.
Download the New York Law Journal article, Commercial division update – Implied partnerships and the importance of shared losses.
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On 10 January 2023, the European Commission (Commission) published draft guidelines on the application of a new EU antitrust exemption for sustainability agreements involving producers of agricultural products (the draft Guidelines).
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On December 27, 2022, the European Regulation on digital operational resilience for the financial sector was published. It entered into force on January 17, 2023 and will apply as of January 17, 2025.
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The Regulation of the European Parliament and of the Council on Foreign Subsidies Distorting the Internal Market (the FSR) entered into force on 12 January 2023 and will apply from 12 July 2023. The European Commission (EC) will soon launch a public consultation on an implementing regulation that will provide details regarding notifications, file access and other procedures under the FSR, and is setting up a sizeable taskforce to handle FSR cases.
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