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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.
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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.
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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.
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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)”.
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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.
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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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