McDermott International Briefing for Finnish Businesses

McDermott Will & Emery is hosting our fourth annual international briefing, tailored to meet the needs and interests of Finnish businesses. Our lawyers will provide an overview of market trends and developments in key jurisdictions in Europe and the United States. We are delighted to welcome to our panel Niklas Östman of Roschier.

The seminar will address specific areas of relevance for Finnish companies, and there will be plenty of opportunities for audience engagement and questions.

In this presentation, we intend to cover:

Data Falsification

• The recent history of data falsification matters, and the legal and regulatory issues that arise from them in the United States.
• How to implement compliance measures to prevent falsification issues, and to catch them before they get too big.
• How to conduct an internal investigation into data falsification issues.
• How to deal with government investigations that spring from data falsification issues, and the best way to resolve those matters quickly and quietly.
• How to resolve issues that might arise with customers in order to hold off civil lawsuits related to the falsification.
• How to think about up-stream corporate liability when data falsification is discovered at a subsidiary or affiliate.

International Arbitration

• What next after the ECJ’s Achmea judgment?
• How will disputes under the Belt and Road Initiative be resolved?
• Recent developments at the ICC.
• Arbitrating with African parties: What are the best options?

FRAND Litigation

• Recent trends in European and US SEP/FRAND litigation.
• The key term: “offer for a licence on FRAND terms” (CJEU: Huawei ./. ZTE) – what does it mean?
• Disclosure obligations of the SEP owner.
• The licensee’s right to cherry pick from an SEP pool.
• FRAND licensing to a supply chain.
• FRAND defence against non-standard essential patents.
• Political initiatives in Europe to provide legal framework for SEP licensing practices.
• Potential shift in US Department of Justice views on SEP enforcement.

On each topic, we will provide some background on the issues that arises, and some practical tips on how to deal with these issues.