E-newsletter  -  November 2016

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Business Law
Adoption of the “Sapin II Law”: Strengthened anti-corruption enforcement arsenal and changes to the rules governing business relationships

Geoffroy Lacroix

Adopted by the Parliament on November 8, 2016, the “Sapin II Law” is primarily designed to strengthen the French anti-corruption arsenal and introduces new measures to prevent and penalize corruption.

This Law also brings a number of changes to the legislation governing business relationships between economic operators, including with respect to practices that restrict competition, so-called “single commercial agreements” and payment terms.

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Labor & Employment
Has the so-called “Work Law” made dismissals on economic grounds more secure?

Emilie Ducorps-Prouvost

In our October 2016 e-newsletter, we addressed forfait working time arrangements, an important element of the so-called “Work Law” of August 8, 2016. This month, we will focus on an even more sensitive issue raised by said Law: Dismissals on economic grounds.

It is clear that through successive reforms, the French legislator, navigating by sight on troubled waters and finding himself in the middle of a power game between trade-unions and employers’ federations, has been trying to reach his goal to make French labor and employment law more secure while maintaining focus on employment protection and growth. In this spirit, the Work Law attempts to make dismissals on economic grounds more secure but, after so many compromises, it does not really recast the existing set of rules and even creates additional uncertainties. As such, it seems that unfortunately the hopeful resolution to build a secured framework adapted to economic and financial constraints has not been yet fulfilled.

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Corporate Law
Update on the application of the rules designed to increase the presence of women in the boardrooms of large French companies

Catherine Nommick

Law n°2011-103 of January 27, 2011 on balanced representation of men and women on boards of directors and supervisory boards and on gender equality in the workplace provides for the phased introduction of a greater gender diversity in boards of directors of large French companies.

The last stage of implementation of this Law will start on January 1, 2017. This provides an opportunity to make a status report on this legislation that has already inspired many other countries.

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Experts’ contributions
Crisis communication: An insurance against reputation damage

We are pleased to publish this month a contribution entitled Crisis communication: An insurance against reputation damage, authored by Mr. Michel-Hubert Jamard, Communication Consultant.

Accidents, labor disruptions, financial crisis, news stories, class actions, etc. A multiplicity of more or less serious reasons may lead to negative media coverage for a company, whatever its branch of activity, its size, its location and its reputation.

The risk is even higher now because, with the advent of digital technologies and new media, anyone who possesses a smartphone can become a field reporter capable, through social media, of giving national or even international visibility to an event that would otherwise have remained ignored or, at worst, confined to a local scope. This is an additional reason why crisis communication should not been reduced to the mere ability to speak to the media. As crucial as it may be, this stage is in fact only the final step of a substantive work process designed to make the action of speaking out fully effective.

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