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NEWS
Law360: The Boeing Co, the multinational aerospace, defence and commercial airplane company, has agreed in principle to a deal with the US Department of Justice (DOJ) to plead guilty to a single criminal charge of conspiracy to defraud the government.
NEWS
Law360, London: An Illinois federal jury awarded more than US$28m on 19 November 2025 to the estate of a UN environmental scientist who died in the 2019 crash of a Boeing jet flying Ethiopian Airlines Flight 302, even though the parties reached a settlement ahead of closing arguments.
NEWS
Law360, London: Breach of contract claims related to a 787 Dreamliner sale should be severed from litigation brought by Norwegian Air subsidiaries that also accuses the company of fraudulently misrepresenting its 737 Max aircraft, Boeing told a Washington federal judge.
PRACTICE NOTES
CASE HUB Archived—This archived case hub reflects the position at the date of the abandonment of the transaction on 25 April 2020; it is no longer maintained. See further, timeline and commentary. Case facts Outline European Commission merger investigation into the proposed acquisition by Boeing Compnay of Embrace SA's commercial aviation business and related operations and engineering capability, as well as joint control of a joint venture company, EB Defence LC (Case M.9097). The transaction involves horizontal overlaps in markets for commercial aircraft manufacturing. Latest developments On 25 April 2020, Boeing Company announced that it had abandoned the transaction.On 8 May 2020, the notification to the Commission was abandoned and withdrawn. Parties Boeing Company (Boeing): Boeing is an American aerospace and defence company based in Chicago, Illinois. Boeing designs, manufactures, and markets commercial aeroplanes, military aeroplanes, and spacecraft, as well as defence, space, and security systems. Boeing also provides aftermarket services for the aerospace market including performance-based logistics and training. Boeing is one of the two leading globally active manufacturers of commercial aircraft. Embraer SA
GLOSSARY
Boiler room describes an operation in which high‑pressure, often misleading sales tactics are used (usually by telephone or online) to induce investors to buy worthless or high‑risk investments, frequently involving shares, bonds, carbon credits, cryptoassets or other speculative products. The term is descriptive rather than a defined statutory concept in the UK or Ireland, but such schemes typically involve investment fraud, market abuse, unauthorised investment business and breaches of financial promotions rules. In England and Wales, Scotland and Northern Ireland, boiler room activity commonly engages offences under the Financial Services and Markets Act 2000, the Fraud Act 2006 and related regulatory regimes enforced by the Financial Conduct Authority and criminal authorities. In Ireland, similar conduct may breach the Investment Intermediaries Act 1995, the Criminal Justice (Theft and Fraud Offences) Act 2001 and Central Bank rules on authorised investment firms and investment advice. For legal practitioners, the concept is relevant in advising on financial services regulation, cross‑border enforcement, asset recovery, investor redress, director disqualification and professional negligence claims arising from failure to detect or warn about boiler room scams. Usage is broadly consistent across all four jurisdictions.
PRACTICE NOTES
What is a boiler room fraud? Boiler rooms are a term used to describe high pressure sales environments. The idea is that the sales environment creates the pressure of a boiler room, with sales staff deploying high pressure sales tactics to incite, cajole and pressurise investors into parting with their money in exchange for investments. The terms 'boiler room fraud' or 'boiler room scam' are used to describe a particular type of fraud perpetrated using boiler rooms. In other words, a fraud carried on by means of distance selling, telemarketing and telesales, by which victims are pressurised into buying products or investments on a false premise. The goods or investments purchased are usually worthless or worth substantially less than the consideration given. The sales staff operating within the boiler room often use dishonesty and/or deception to make the sales and the victims are usually specifically targeted for their naïvety or vulnerability. The Financial Conduct Authority (FCA) regulates the activity of companies operating in the UK financial sector, including banks, stockbrokers, financial advisers and spread-betting agents. Companies
GLOSSARY
A term used to describe high pressure selling techniques to persuade investors to buy shares which are usually worthless.
GLOSSARY
Boilerplate is a term used for clauses/terms (normally of a standard nature) and common to most agreements, which do not relate to the substantive part of the contract but are required to set out how the contract works.
PRACTICE NOTES
This Practice Note sets out the law on the use of boilerplate provisions in business-to-consumer (B2C) contracts. As well as providing details on the Consumer Rights Act 2015 (CRA 2015) (which regulates unfair terms in B2C contracts), it also looks at the Competition and Markets Authority (CMA) guidance ‘Unfair contract terms: CMA37’ (CMA Guidance). For discussion on the use of specific boilerplate provisions in B2C contracts, namely assignment, definitions and interpretation, dispute resolution (eg adjudication, alternative dispute resolution (ADR), arbitration), entire agreement, force majeure, governing law, jurisdiction, variation and waiver, see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses. For more information on the use of standard terms and conditions in B2C contracts generally, see Practice Notes: • Consumer standard terms and conditions—the business context • Consumer standard terms and conditions—the advertising and marketing context • Consumer standard terms and conditions—incorporation For our suite of template B2C contracts and drafting tips, see: Trading with consumers—overview and Drafting consumer contracts—checklist. What is ‘boilerplate’? ‘Boilerplate’ is a term used to describe the clauses that are included
PRACTICE NOTES
This Practice Note considers the use of specific boilerplate provisions in business-to-consumer (B2C) contracts, namely assignment, definitions and interpretation, dispute resolution (eg adjudication, alternative dispute resolution (ADR), arbitration), entire agreement, force majeure, governing law, jurisdiction, variation and waiver. It looks at the Competition and Markets Authority (CMA) guidance ‘Unfair contract terms: CMA37’ (CMA Guidance) in the context of these specific boilerplate provisions. This Practice Note should be used with Practice Note: Boilerplate clauses in business-to-consumer contracts—general principles, which provides information on the general principles that need to be taken into account when drafting boilerplate clauses in a B2C contract, including details on the fairness test, the ‘grey list’ of potentially unfair terms, the transparency test and the prohibited list of terms set out in the Consumer Rights Act 2015 (CRA 2015), which regulates B2C contracts, and other related consumer protection legislation. For information on exclusion and limitation of liability in B2C contracts, see Practice Note: Exclusion and limitation of liability—business-to-consumer. For our suite of template B2C contracts and drafting tips, see: Trading with consumers—overview
PRACTICE NOTES
Nature of boilerplate provisions in public sector contracts Lawyers work on a huge variety of transactions, but all of them will in some way involve written agreements. Most of those agreements will contain boilerplate provisions in some form. 'Boilerplate' is the term used to describe the clauses that are included in an agreement to deal with the mechanics of how the agreement works and those generic legal points that are relevant to most transactions. They are generally found at the beginning and the end of an agreement. Such clauses are often thought of as standard, miscellaneous provisions, but this is a dangerous view to adopt. Boilerplate clauses can have a significant impact on the other clauses in an agreement and on an agreement as a whole. It is important that any such impact is intentional and not the result of a boilerplate clause being included in an agreement without due consideration of why it has been included and its effect on the interpretation of other clauses and the contract as a whole.
PRECEDENTS
1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity; Business Day • means a day other than a Saturday, Sunday or bank or public holiday in Scotland; Control • [has the meaning given in section 1124 of the Corporation Tax Act 2010 OR means the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the management of the company] and Controls and Controlled shall be interpreted accordingly; Dispute Notice • has the meaning given in clause 2.2; Force Majeure • has the meaning given in clause 6.1. [Insert definitions bespoke to Agreement] 1.2 In this Agreement: 1.2.1 a reference to this Agreement includes its schedules, appendices and annexes (if any); 1.2.2 the table of contents, background section and any clause, schedule or other headings in this Agreement are included for convenience only and shall have no effect on the interpretation of this Agreement; 1.2.3 a reference to a ‘party’ includes that party’s personal representatives,