Strategic Lawering Paris Lyon Bruxelles

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Published at 27 April 2018
E-newsletter: April 2018
In a judgment dated February 16, 2018, the Paris Court of Appeals recalled that the party which suffers from a significant imbalance in the rights and obligations of the contractual parties, within the meaning of Article L. 442-6, I, 2° of the French Commercial Code, must be able to demonstrate that it had no real power to negotiate the contentious clauses, in particular in case of a model contract or standard-form agreement. If it is not able to do so, any claims brought on that basis will be dismissed.
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Published at 27 April 2018
Category : Criminal Law
E-newsletter: April 2018
Sexual offenses have rocketed into the limelight in recent months. The societal phenomenon #balancetonporc (#balancetonporc is the French equivalent of #MeToo) has led Marlène Schiappa, French Minister of State for Gender Equality, to work on a draft bill to combat sexual and sexist behaviors. With the strengthening of the existing legislative arsenal and the creation of a new criminal charge, what has been the impact of the #balancetonporc movement on the protection of victims of sexual offenses?
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Published at 27 April 2018
Author : Chems Idrissi
Category : New Technologies
E-newsletter: April 2018
The issue of the impact of artificial intelligence (“AI”) on the workplace unleashes fierce passions: Some fear – sometimes rightly – a massive destruction of jobs in the coming years because of the emergence of AI. Others are more moderate and rather anticipate an evolution in the way we work, through the adaptation and redefinition of jobs, and the creation of new opportunities. What is the real truth?
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Published at 30 March 2018
Author : Laure Marolleau
Category : Personal Data
E-newsletter: March 2018
The EU General Data Protection Regulation will take effect on May 25, 2018. Companies must take steps to ensure an enhanced protection of personal data, failing which they will face heavy fines of up to 4% of their annual turnover. The GDPR – that includes 99 articles and 173 recitals – combines both legal and technical provisions that promote an accountability approach. What are the key practical implications for businesses?
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Published at 30 March 2018
Category : Contracts
E-newsletter: March 2018
In a decision dated February 7, 2018, the Cour de Cassation (French Supreme Court) overturned existing case-law by holding that the limitation of liability clause survives the rescission of a sale transaction despite the retroactive cancellation of the sale contract. By ruling so, the Cour de Cassation aligned its case-law with the new provisions introduced in the French Civil Code as a result of the reform of French contract law that came into force on October 1, 2016. Indeed, according to some of these new provisions, certain contractual clauses survive even in case of rescission of the underlying contract. This decision of the Cour de Cassation also provides the opportunity to go back over these new provisions.
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Published at 30 March 2018
Author : Sara Bellahouel
Category : Labor & Employment
E-newsletter: March 2018
The interests of companies undoubtedly lie at the heart of the reform of the French Labor Code introduced by the so-called Macron Ordinances of September 22, 2017. Driven by the concept of “flexicurity”, the objective of the Government was to give more freedom and security to both companies and employees. In this context, how to offer companies a more secure framework whereas French labor law is internationally known for its complexity, its rigidity and its large corpus of rules? One of the solutions adopted by the Government is to help better assess a risk so feared by French and foreign businesses: The litigation risk.
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Published at 30 March 2018
Author : Anaëlle Idjeri
E-newsletter: March 2018
On March 6, 2018, the Grand Chamber of the Court of Justice of the European Union issued a judgment stating that the UNCITRAL arbitration clause included in a Bilateral Investment Treaty that establishes a mechanism for settling disputes between an investor and an EU Member State is incompatible with EU law.
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Published at 28 February 2018
E-newsletter: February 2018
In a judgment dated December 7, 2017, the Court of Justice of the European Union (CJEU) recalled the criteria to be applied to determine whether software constitutes a medical device. According to the findings of the CJEU, software that permits the use of data specific to a patient in particular to detect contraindications, drug interactions and excessive dosages constitutes a medical device, even though it does not act directly in or on the human body.
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Published at 28 February 2018
Author : Flore Foyatier
Category : Dispute Resolution
E-newsletter: February 2018
On February 7, 2018, a new Chamber dedicated to international commercial disputes was created within the Paris Court of Appeals. With the prospects of Brexit and as part of a strategy aimed at re-positioning France on the international economic scene, Paris is increasing its attractiveness for foreign investors.
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Published at 28 February 2018
Author : Chems Idrissi
Category : Corporate Law
E-newsletter: February 2018
The 2018 Finance Act introduces changes to the tax treatment of free shares (Attributions Gratuites d'Actions or “AGA” under French law.) This provides the opportunity to review the applicable legal and tax regimes.
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