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Published at 30 October 2017
Category : New Technologies
E-newsletter: October 2017
With a view to tightening digital platforms’ transparency and loyalty towards consumers, three Decrees published on September 29, 2017 have clarified the information requirements imposed on the operators of such platforms. Some of the measures introduced by the Decrees must be implemented by January 1, 2018.
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Published at 30 October 2017
Category : Banking & Finance
E-newsletter: October 2017
In the wake of the wave of modernization and transparency of the French economic life triggered by the so-called “Sapin II” Law, in particular as regards the financing of the economy, Ordinance n°2017-1432 of October 4, 2017 reshapes the legal framework for asset management and debt financing. The objective is to respond to businesses’ needs for a more diverse set of funding sources, while ensuring investor protection.
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Published at 30 October 2017
Category : Business Law
E-newsletter: October 2017
The validity of clauses imposed by suppliers on their authorized distributors prohibiting the online sale of their products has given rise to numerous disputes in recent years. French and EC courts generally hold that such clauses are invalid because they restrict competition. Yet, in a decision dated September 13, 2017, the Cour de Cassation (French Supreme Court) softened its stance by recognizing suppliers who have a selective distribution network the right to impose on their distributors – subject to conditions – contractual terms prohibiting them from selling products on unauthorized online sale platforms.
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Published at 29 September 2017
Category : Labor & Employment
E-newsletter: September 2017
He had promised it and he did it: The Major Reform of French Labor law was the spearhead of Emmanuel Macron’s presidential campaign. On Friday September 22, 2017, the President of the French Republic signed the five Ordinances that substantially reform French labor law. While for Emmanuel Macron this reform constitutes a “Copernican revolution” of labor relationships, opponents, including in particular Jean-Luc Mélenchon, the head of the far-left party La France Insoumise, call it a “social coup d'état ». So, revolution or putsch? On both sides, the terms used are certainly exaggerated but a new wind is definitively blowing. Human resources directors and in-house counsels all agree that it is a pragmatic, “encouraging” reform that “is moving in the right direction” to increase competitiveness in France. This article focuses on the flagship measures introduced by the Ordinances. Human resources directors and in-house counsels all agree that it is a pragmatic, “encouraging” reform that “is moving in the right direction” to increase competitiveness in France. This article focuses on the flagship measures introduced by the Ordinances.
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Published at 29 September 2017
Author : Flore Foyatier
Category : Contracts
E-newsletter: September 2017
In two decisions dated July 12, 2017, the Commercial Chamber of the Cour de Cassation (French Supreme Court) ruled that wherever two contracts are interdependent, “the termination of one entails the voidness of the other, thereby excluding the application of the clause of the void contract that provides for the payment of a termination indemnity”. On the other hand, in a decision dated July 5, 2017, the Commercial Chamber held that “a jurisdiction clause, because of its autonomy from the main contract in which it is inserted, is not affected by the ineffectiveness of the legal instrument”, i.e., in the matter at hand, the jurisdiction clause was not affected by the voidness of the contract in which it was included.
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Published at 29 September 2017
E-newsletter: September 2017
In a decision dated June 21, 2017, the Cour de Cassation (French Supreme Court) ruled that the termination of a distribution agreement during the contractual trial period could not be considered as abusive. It follows from this decision that the parties are free to include in a distribution agreement a trial period during which each of them has a unilateral termination right.
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Published at 30 August 2017
Category : Corporate Law
E-newsletter: July / August 2017
In the wake of the large-scale program launched in France in 2013 to simplify the regulatory framework applicable to businesses, Decree n°2017-932 of May 10, 2017 introducing various simplification measures for businesses has streamlined the formalities that foreign companies must carry out to invest in France. This simplification must not, however, mask the French government’s intention to maintain an effective screening of foreign investments in so-called sensitive sectors deemed crucial to France’s national interests in terms of public order, public security and national defense.
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Published at 30 August 2017
Category : Civil Procedure
E-newsletter: July / August 2017
Six years after the entry into force of Decree n°2009-1524 of December 9, 2009 referred to as the “Magendie” Decree, the appellate procedure is about to be significantly amended. Indeed, Decree n°2017-891 of May 6, 2017 relating to pleas of lack of jurisdiction and appeals in civil matters, published in the Official Gazette on May 10, 2017, brings about substantial changes to this procedure. Such changes, which are primarily aimed at speeding up the appellate procedure and limiting court congestion, introduce strict rules that must be followed to avoid serious pitfalls such as invalidation, inadmissibility or nullity which may in the worst case scenario entail the sudden and final end of the appellate proceedings. This article addresses the main procedural innovations brought about by the reform, such innovations to become effective on September 1, 2017.
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Published at 30 August 2017
Author : Chems Idrissi
Category : New Technologies
E-newsletter: July / August 2017
In his book entitled Intelligence artificielle : vers une domination programmée ? published in 2007 by Le Cavalier Bleu editions, Jean-Gabriel Ganascia defines Artificial Intelligence (“AI”) as “the discipline in computer science that seeks to develop machines that mimic the superior faculties of intelligence”. In practice, when applied to the legal industry, AI could be used for a number of tasks, including, but not limited to, the generation of legal documentation, the definition of strategies in disputes and litigations, the automation of basic tasks commonly performed by trainees and junior associates. In this context, should we fear the progressive end of lawyers?
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Published at 30 August 2017
Category : Criminal Law
E-newsletter: July / August 2017
In a decision dated June 28, 2017, the Criminal Chamber of the Cour de cassation (French Supreme Court) specified that “free access to personal information on a company’s IT network does not mean that such information may not be fraudulently appropriated by any means of reproduction”. This landmark decision revives the debate on the tricky issue of theft of information.
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