European Union: Disclosure & Electronic Discovery & Privilege

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Article
Shareholder Privilege Rule No Longer Automatically Applies In Ireland
The Irish High Court has ruled that shareholders no longer have an automatic right to access a company's privileged legal advice, abolishing the shareholder rule that previously allowed such disclosure. This landmark decision aligns Irish law with recent developments in England, Wales, and Bermuda, fundamentally reshaping the relationship between corporate privilege and shareholder information rights.
Ireland Litigation
M
Matheson
Article
New Developments In Norwich Pharmacal Jurisdiction
The Irish High Court has expanded the scope of Norwich Pharmacal Orders beyond traditional litigation contexts, ruling that RTÉ must disclose unedited undercover footage from nursing homes to support a regulatory investigation. This landmark decision addresses critical questions about when courts can compel third parties to provide information, the boundaries of journalistic material disclosure, and how privacy rights balance against urgent public interest in regulatory enforcement.
Ireland Litigation
WF
William Fry
Article
Disclosure And Discovery: Comparing The Law Of The United States (Common Law System) And The Netherlands (Civil Law System)
The Dutch and American legal systems differ fundamentally in their approach to evidence gathering, with the United States employing an extensive pre-trial discovery process designed to ensure maximum transparency, while the Netherlands relies on a more limited system centered on parties' duty of truthfulness. This comparative analysis explores how these contrasting procedural frameworks shape litigation strategy, witness examination, and the overall conduct of civil proceedings in cross-border disputes.
Netherlands Litigation
BT
Barnes & Thornburg LLP
Article
Vivendi/Lagardère: EU General Court Dismisses Human Rights Objections And Confirms Commission’s Broad Information-Gathering Powers In Merger Investigations
The European Commission's broad information-gathering powers came under scrutiny when Vivendi and Lagardère challenged requests for documents from personal devices during a gun-jumping investigation. The General Court's dismissal of these challenges confirms that competition authorities can access professional communications on personal devices, even when fundamental rights concerns are raised, provided appropriate safeguards are in place.
Belgium Anti-trust
M
Macfarlanes LLP
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