Strategic Lawering Paris Lyon Bruxelles

Emilie Ducorps-Prouvost

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Member of the Paris Bar

Emilie is specialized in labor law and advises French and foreign corporate groups on all employment related issues.

Her practice focuses on national and transnational corporate reorganizations and restructurings, transfers of employees, collective lay-off plans, voluntary separation plans and manages employment issues associated with corporate deals, including labor due diligence.

Emilie also advises companies in connection with information/consultation procedures with employee representative bodies, provides legal assistance in the preparation and implementation of collective bargaining agreements and counsels businesses on workplace harassment, discrimination, management and prevention of psychosocial risks and, more generally, on all issues related to health and safety at work. She also assists business and corporate officers in order to secure the implementation of means to monitor employees’ activities as well as in the preparation of business codes of conduct.

Lastly, Emilie is highly experienced in (individual and collective) employment and social security litigation.

Selected Operation Summary

  • Advised French and foreign groups operating in various business sectors (pharmaceutical industry, chemistry, metallurgy, banking, etc.) on corporate reorganizations and restructurings, including due diligence, compliance audit, assessment of financial risks, preparation of collective redundancy plans and voluntary separation plans, transfers of employees under Article L 1224-1 of the French Labor Code
  • Managed the relationships between companies and salaried managing directors (“dirigeants salariés”) and/or corporate officers (“mandataires sociaux”) (drafting of the employment agreement or the corporate officer agreement, negotiation of the remuneration) and negotiation of termination packages
  • Prepared service agreements on behalf of French and foreign corporate groups (addressing the issues of concealed employment, illegal supply of employees and illegal subcontracting of labor)
  • Provided legal advice, prepared and adapted remuneration policies, bonus plans, employee savings and employee stock ownership plans for compliance with French law
  • Structured chains of delegation of authority on behalf of and within several French groups
  • Assisted French subsidiaries of international groups in implementing means to monitor the activities of their employees (personal data protection and privacy issues), including preparation of computer and Internet use policies, business codes of conduct and whistleblowing procedures
  • Assisted French and foreign industrial groups in implementing psychosocial risk prevention policies (addressing various issues related to health and safety at work) and preparing appropriate action plans
  • Counselled and represented French and foreign groups in disputes concerning the breach of non-compete clauses, unfair competition practices, illegal poaching of employees and violation of trade secrets
  • Assisted foreign groups (operating in the pharmaceutical, medical device, nutrition, wholesale, etc. industries) in connection claims from independent contractors seeking the recognition of an employee status
  • Represented French and foreign companies (co-employment) before French labor courts and social security courts (dismissal, reclassification of employment contracts, judicial termination, inexcusable conduct, etc.)

Background

  • Latham & Watkins LLP – Paris, France, 2004 – 2011

Main Publications

  • Establishing a Business in France, Practical Law, 2014
  • WLG Global Guide to Whistleblowing Programs, 2012
  • L’avenir de l’organisation du travail des cadres : vers un développement du télétravail ? Entreprise & Carrières, July 2012

Credentials

  • Co-led a breakfast meeting on the theme “Professional Gender Equality: where do we stand?”, organized in collaboration with Alixio, a leading consulting firm specialized in social strategy and change management, March 2012.

Professional Associations

  • AVOSIAL (Association of French business lawyers specialized in labor and employment law)
  • The American Chamber of Commerce in France
  • French-German Chamber of Commerce and Industry
  • CGPME (General Confederation of Small and Medium sized Businesses)

Education

  • Postgraduate Degree in Corporate Legal Advice – Employment certification, University of Strasbourg, 2003
  • Postgraduate Degree in Business Law, University of Strasbourg, 2003
  • Postgraduate French-German Degree in Corporate and Business, University of Strasbourg, 2003

Languages

  • French
  • English
  • German