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Legal Insights

1 January 2012

Social networks and employees’ freedom of expression

The employees’ freedom of expression has been recognized and protected by French labor and employment law since about 30 years, more specifically since the Law of August 4, 1982.[1]  Today, with the fast-growing use of social networks, judges have been led to consider the limits of the employees’ freedom of expression when such employees post […]

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1 January 2012

The creation of satellite websites considered as unfair competition

Domain names do not benefit from a specific protection but the abusive use of domain names can be considered as unfair competition. So ruled the Douai Court of Appeals in a decision[1] commented hereafter. The facts of the case were as follows: A tradesman engaged in the online sale of beers and by-products registered a […]

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1 January 2012

A look back at the key corporate law developments In 2011

French corporate law has been substantially amended in 2011 following the enactment of the Law n°2011-525 of May 17, 2011 for the Simplification and Improvement of the Quality of Law (the “Law”). In our February 2011 e-newsletter, we outlined the main contemplated measures – that were still being discussed at that time – and underlined […]

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1 December 2011

In recent case law, employers’ obligation de resultat with regards to work safety exposes companies to growing daily risks

This year was marked by several landmark decisions relating to employers’ obligation to guarantee the safety of their employees. Companies are therefore more and more susceptible to being held liable in this regards, and the Cour de cassation (France’s highest court) is stricter in its approach regarding the scope of the obligations imposed on companies. […]

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1 December 2011

Trademark law and the internet: use of competitor’s trademark in the context of a paid referencing service

Trademark law and business law must permanently evolve and address new practices that emerge from the development of the Internet. It is indeed necessary to strike the appropriate balance between the interests of companies wishing to protect themselves against unfair business practices and to protect their trademark(s) and the necessity to guarantee free market competition. […]

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1 December 2011

The Belvedere case: vodka, angry creditors and news judicial precedent

By judgment dated December 1, 2011, the Court of Appeals of Nîmes authored a new chapter of the “procedural” saga of BELVEDERE, a worldwide leader in wine and spirits. As counsel of one of the largest creditors of BELVEDERE, this is a case that we carefully monitor. The judgment of December 1 did not settle […]

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