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In July 2002, case law was reversed and non-competition clauses were required to have financial counterparts. Consequently, companies turned towards other more restrictive clauses prohibiting employees from soliciting the existing and possibly future clients of his former employer at the end of the employment contract. For a long time, these non-solicitation of clientele clauses were […]

The Law n°2009-1255 aimed at facilitating access to credit for small and medium sized businesses (SMBs) and improving the operation of financial markets (the “Law”) was promulgated by the President on October 19, 2009, after a partial invalidation by the Constitutional Council. Only one day after it had been adopted on first reading by the […]

In a decision rendered on March 17, 2009, followed much later by legal commentaries,

The Law no. 91-593 dated June 25, 1991 transposing the European Union Directive 86/653 EEC of 18 December 1986 is notoriously protective of the status of commercial agent it created. For example, Articles L. 134-1 et seq. of the French Commercial Code (codifying the aforementioned Law) notably grants the agent a virtually automatic right to […]

(Decision of the Labor Chamber of the Cour de Cassation dated September 23, 2009) Case law with regard to mobility clauses keeps evolving. The decision rendered by the Labor Chamber of the Cour de Cassation (French Supreme Court) is significant in its focus on the scope thereof: the group, which is a notion that is […]

In a decision rendered on March 17, 2009[1], followed much later by legal commentaries, the Commercial Chamber of the Cour de Cassation (French Supreme Court) recalled the importance of the drafting of the clauses of the by-laws that contain restrictions on the free disposal of shares. In the case in question, the petitioner disputed the […]