Strategic Lawering Paris Lyon Bruxelles

Blog

Published at 29 June 2018
Category : Labor & Employment
E-newsletter: June 2018
Digital technology has already changed working methods. With the advent of Artificial Intelligence (“AI”), we are just at the beginning of a unparallel transformation that will affect not only the labor and employment market but also working relationships. What does exactly mean AI’s impact on working relationships? When we say working relationships, it implies labor law. Labor and employment law should be used as a legal tool to steer the obvious changes brought by AI in the workplace. The challenge is thus to identify avenues for adapting our labor and employment legislation in order to anticipate and smooth the transition to the new world. This article is the first part of a trilogy built around the lifetime of employment contracts: hiring / performance / termination. Apart from its general introduction, this first part is mainly dedicated to issues associated with the end/termination/breach of employment contracts: Indeed, the prevailing alarmist discourse is that IA will wipe out many jobs. Does our labor and employment legislation, as it currently stands, provide some safeguards against this unavoidable (according to some people) risk?
Read more
Published at 29 June 2018
Category : International Law
E-newsletter: June 2018
Expanding internationally is most of the time critical for businesses wishing to break into other markets. However, international expansion is not without posing a number of risks, in particular legal and financial ones, that need to be identified and addressed upstream when designing the overall expansion strategy. While the choice of the most appropriate legal structure or export business model is essential, companies must also keep in mind other legal considerations. This article is a follow-up to the conference on “Successfully establishing a presence abroad: The legal and financial basics” organized by our Firm together with Banque Rhône-Alpes on May 31, 2018.
Read more
Published at 29 June 2018
Author : Laure Marolleau
Category : Personal Data
E-newsletter: June 2018
Law n°2018-493 of June 20, 2018 on the protection of personal data was promulgated on June 20, 2018 and published in the Official Journal on June 21, 2018. The purpose of this new Law is to adapt Law n° 78-17 of January 6, 1978 on information technology, data files and liberties to UE law following the General Data Protection Regulation that entered into force on May 25, 2018 (a Regulation is binding in its entirety and directly applicable in all EU Member States) and Directive 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties (a Directive is binding on Member States as to the result to be achieved but leaves them the choice of the form and method) that ought to be transposed into domestic law by May 6, 2018.
Read more
Published at 29 June 2018
Author : Isabelle Cottin
Category : Commercial law
E-newsletter: June 2018
Two years after the adoption of the so-called Trade Secrets Directive, the Bill endorsed by the Joint Committee (i.e. a legislative committee composed of an equal number of members from the Senate and the National Assembly) on March 24, 2018 was finally passed by Parliament on June 21, 2018. This article provides insights on the three chapters of the Bill: Scope and conditions of application, measures to prevent, put an end to, and obtain redress in case of infringement of a trade secret, and general provisions to protect trade secrets before civil and commercial courts.
Read more
Published at 30 May 2018
Author : Flore Foyatier
Category : Civil Law, Contracts
E-newsletter: May 2018
Ordinance n°2016-131 of February 10, 2016 for the reform of contract law, the general regime of obligations and proof of obligations came into force on October 1, 2016. This reform was primarily aimed at codifying established and settled case-law principles but it also introduced new legal concepts and obligations. Law n° 2018-287 dated April 20, 2018 – which ratifies the aforementioned Ordinance – was published in the Official Journal on April 21, 2018. This Law does not only ratify the February 10, 2016 Ordinance. It also brings about a number of changes. Some of them are quite significant, others without any real impact. Most of these changes will become effective on October 1, 2018 but some others will apply retroactively as from October 1, 2016.
Read more
Published at 30 May 2018
Author : Anaëlle Idjeri
E-newsletter: May 2018
While it did not drastically alter the changes brought about by Ordinance n° 2016-131 of February 10, 2016, the Ratification Law n° 2018-287 of April 20, 2018 did modify some aspects of French contract law and introduced a distinction between substantive amendments that will become effective as from the entry into force of the Ratification Law, i.e. October 18, 2018, and so-called “interpretative” amendments that will apply retroactively to contracts entered into on and after October 1, 2016. This article provides a non-exhaustive overview of the provisions of the Ratification Law which have a practical implication on business law, in particular at the formation of the contract and throughout its performance.
Read more
Published at 30 May 2018
Author : Chems Idrissi
Category : Corporate Law
E-newsletter: May 2018
Unlisted companies and legal entities required to be incorporated with the Register of Trade and Companies (RCS) and headquartered in France (in particular branches of foreign corporations established in France) have recently come under the obligation to disclose to the clerk of the Commercial Court the identity of their beneficial owner(s) as well as the way in which he/she/they exercise(s) control over the relevant company or entity. Decree n°2018-284 of April 18, 2018 (finally!) specifies what is precisely meant by “beneficial owner (s)”.
Read more
Published at 30 May 2018
Category : Labor & Employment
E-newsletter: Macron Ordinance, May 2018
La fusion des institutions représentatives du personnel en une instance unique nommée « le Comité Social et Economique » (CSE) est l’une des mesures phares de l’ordonnance Macron n°2017-1386 du 22 septembre 2017. S’il était déjà possible de regrouper les différentes institutions représentatives du personnel, notamment au sein d’une « Délégation Unique du Personnel », cela n’est désormais plus une simple faculté. En effet, depuis le 1er janvier 2018, la mise en place d’un CSE est obligatoire pour toutes les entreprises de 11 salariés et plus. Le CSE fusionne et remplace les délégués du personnel, le comité d’entreprise et le CHSCT. Nous présentons ci-après de manière succincte les principales caractéristiques de ce nouvel organe concernant sa mise en place, son organisation, ses commissions et ses attributions.
Read more
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.
Read more
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?
Read more