Legal Insights

26 December 2016

Legal privilege under US law vs. French right to evidence

Can legal privilege under US law prevent the enforcement of a preparatory inquiry in futurum (literally for the future) ordered in France? Under French law, preparatory inquiries in futurum are designed to establish or preserve evidence, most of the time in connection with a future trial. Their implementation may be hindered by several barriers, including […]

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26 December 2016

Is the right to disconnect about to become an effective right for employees in France?

In today’s digital and “all-connected” world where 71% of French executive employees read work emails in the evening or on holiday[1], the “right to disconnect” has been officially introduced in the French Labor Code following its legislative recognition in the so-called “Work Law” of August 8, 2016. Effective as from January 1, 2017, the mandatory […]

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26 December 2016

The “Sapin II Law”: What impact on French corporate law ?

Adopted by the French Parliament on November 8, 2016, the Law on transparency, the fight against corruption and the modernization of the economy, commonly referred to as the “Sapin II Law” (the “Law”) “is intended [according to the French Government], more than 20 years after the Law no. 93- 122 of January 29, 1993 on […]

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26 December 2016

Procedural consequences related to the impossibility to enforce a judgment

No one can be expected to do the impossible. By judgment dated September 7, 2015, provisionally enforceable, the Commercial Court of Lyon ordered one of our clients – an asset manager – to produce a number of accounting and financial documents to one of its former clients, subject to a daily penalty of 5,000 euros. […]

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29 November 2016

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

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, […]

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29 November 2016

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

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[1]. 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 […]

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