Bertrand Liard

Bertrand Liard

White & Case LLP

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How does French case law deal with bundled software?

Combined offers have always drawn significant attention from French courts. This is all the more the case since combined offers are standard practices when selling computer equipments. Indeed, such equipments are most often...more

6/16/2014 - Bundling Rules ECJ EU Software Technology

Copyright Holders Cannot Prevent Links to Freely-Available Content from Being Posted Online

The Svensson case is a landmark decision by the European Court of Justice ("ECJ") that enshrines the right to create clickable links towards copyrighted content which is freely available on the internet. The ECJ ruled that...more

5/28/2014 - Copyright Copyright Infringement ECJ EU Fair Use Internet

The new group actions law in France – A cause for concern for companies?

The French law on consumer rights, also referred to as the “Hamon law” (“loi Hamon”), was enacted on 17 March 2014. The introduction of group actions is one of the main innovations of this law. Companies must now...more

4/17/2014 - Anti-Competitive Class Action Consumer Rights Directive

CNIL Expanded Investigative Powers

The new French Act on consumer protection enacted on March 18, 2014 broadens the investigative powers of the CNIL (the French Data Protection Authority) by enabling its members and empowered agents to carry out online...more

4/8/2014 - CNIL Cybersecurity Data Protection EU

How to Secure Information Systems: The Growing Complexity of the Legal Landscape

While businesses take a more cautious approach to how they handle IT security threats, these are becoming increasingly complex and sophisticated. Denial-of-service attacks, software tampering (e.g. computer viruses and Trojan...more

3/5/2014 - Cyber Attacks Cybersecurity Data Protection

French Courts Ordered to Block and Delist 16 Streaming Websites

Last November, French courts have, for the first time, ordered to block entire video streaming websites based on specific laws against copyright infringement (Hadopi 2009 laws1). To some authors, this decision is questionable...more

1/13/2014 - Copyright Copyright Infringement EU Internet Internet Service Providers Internet Streaming

E-Commerce: Consider the Enhanced Consumer Protection Clauses

The directive 2011/83/EU of 25 October 2011 relating to consumer rights (the "Directive") is to be implemented as of December 13, 2013 by Member States in national European jurisdictions, including French jurisdiction, and...more

12/5/2013 - Consumer Rights Directive Contract Drafting Cross-Border Transactions E-Commerce EU Terms and Conditions

English Court of Appeal requires French defendants to comply with disclosure orders despite the French “blocking statute”

The existence in several countries of “blocking statutes”, which prohibit the provision of economic information to foreign authorities or courts (or require prior authorization to be obtained before doing so), present a...more

12/5/2013 - Blocking Statutes Cartels Disclosure Requirements Multinationals UK White Collar Crimes

You cannot trade a customer file which does not comply with the French Data Protection Act

On June 25, 2013, the French Supreme Court rendered a corner-stone decision for all agreements dealing with personal data. In 2008, a company sold its electronic customer file to its successor in business. It quickly...more

10/26/2013 - CNIL Compliance Data Protection Due Diligence Electronically Stored Information

Discovery in the US Involving French Companies

Judicial cross border litigation and/or international arbitration proceedings reveal two distinct systems: common law systems allow a comprehensive collection and disclosure of all existing documents leading to admissible...more

11/15/2012

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