France

News & Analysis as of

Changes to Transferring Employment Contracts in France After the 8 August Law - Des transferts de contrats de travail: les apports...

When a service provider in a market changes, employment contracts may be transferred from the previous to the new owner to avoid dismissing employees who work at the site, however, whatever the legal vehicle by which the...more

France’s New Labor Law and its Contributions on Redundancies

The new law brings clarity to the definition of redundancy and economic difficulties, addresses the transfer of companies in the midst of redundancies, and imposes an obligation on companies contemplating a project of...more

InSeal Medical Receives CE Mark for Vascular Closure Device

InSeal Medical recently announced that it has received CE Mark approval for its InClosure large bore vascular closure device (VCD). The InSeal VCD provides an internal biodegradable membrane for sealing large cuts in blood...more

EU & Competition Law Update – August 2016

EU: Regulatory Scrutiny of Online Hotel Booking Continues - The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As...more

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world. On August 2, 2016, the United States...more

Awaiting the Finale: France’s Debate Over Its New Anti-Corruption Law

France will soon change the anti-corruption landscape with a new law aimed at reducing foreign bribery. Finance Minister Michel Sapin introduced the new law in July 2015 with hopes of aligning France’s efforts with those of...more

French legislation requires medium and large companies to implement anti-corruption compliance programs

French legislation known as the Sapin II bill will change the legal framework for prevention and prosecution of corruption in France after its anticipated adoption by the end of the year. The final text has not yet been...more

How Enforceable Are Mobility Clauses in French Employment Contracts? More Than You Might Imagine!

It seems that the Cour de Cassation (France’s equivalent to the Supreme Court of the United States) occasionally throws employers a bone when determining their rights to make management decisions regarding their workforces....more

France’s national data protection commission orders Microsoft to protect its users’ data

An investigation by France’s National Data Protection Commission (CNIL) has found that Windows 10 has been “collecting excessive user data” and has been tracking users’ web browsing without their consent. The CNIL has ordered...more

French Labor Court Holds: Look The Other Way And Pay

France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will...more

Creditors likely to find it more difficult to enforce against foreign state assets in France

The ability to attach assets of foreign States in France is the subject of a new Bill. A proposed requirement for judicial authorisation for attaching such assets and more severe rules on specific assets are likely to make it...more

Competition News July-August 2016

The French Competition Authority severely punished the exclusivity practices put in place by company in a dominant position - On June 23, 2016, the French Competition Authority punished the Belgian group Umicore for...more

Clarifications Regarding Trial Period by the French Supreme Court

With two decisions dated March 31 and April 15, 2016, the Employment Division of the French Supreme Court (“Cour de cassation”) clarified the legal framework applicable to trial periods. The Supreme Court explained how to...more

EU & Competition Law Update – June 2016

BREXIT – BUSINESS AS USUAL...AT LEAST FOR NOW - What do you need to know? Despite the UK's vote to leave the European Union ("EU"), companies doing business in the UK can still continue to trade with the EU in...more

Bastille Day Fireworks and Copyright

Bastille Day is a French national holiday that commemorates the storming of the Bastille on July 14, 1789, an important episode in the French Revolution. Each year, Paris celebrates the day with an elaborate military parade...more

Financial Services Quarterly Report - Second Quarter 2016: The Société de Libre Partenariat: A New French Fund Alternative

The implementation of the AIFM Directive has afforded the French legislature the opportunity to simplify its range of regulated investment vehicles, with the aim of making France’s financial markets more attractive – both to...more

Trial Recommended for France Telecom Top Executives for Workplace Bullying

After a seven-year inquiry into a wave of suicides at France Telecom, the Paris public prosecutor has recommended that its former chief executive and other key figures be put on trial for workplace bullying. If the trial...more

French restructurings: Could a 'high yield' noteholder block a safeguard procedure?

The issuance of international bond debt, aka high yield notes, has been a very popular financing option for French companies for the last few years, whether it was to finance their industrial investments or to fund an LBO...more

Global Private Equity Newsletter - Summer 2016 Edition: LBO & Management Packages In France: Are Recent Developments In The...

The management packages offered to managers in LBOs can sometimes be differentiating factors for financial sponsors enabling them to win a competitive process for the acquisition of a target company. However, although...more

Use of English in contractual documents between two French companies

Two legal persons governed by French private law may, by mutual agreement, draft their contractual documents in the English language. On 30 May 2016, the Commercial Practices Review Commission (hereinafter the ‘CEPC’ –...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

AMF Doctrine – Direct Lending by French Funds - The Autorité des Marchés Financiers (the French financial markets regulator, the “AMF”) has published on 27 June 2016 an Instruction n° 2016-02. This instruction is...more

The Right to Disconnect

The French government has presented before Parliament the “El Khomri” bill which, if passed, should modify a significant part of the employment law framework in France. Among various provisions, the bill mentions the...more

Prevention and Early Intervention: Employers’ New Defences to Harassment Claims in France | Actions préventives et intervention...

In a significant change of direction, the French Supreme Court has held that an employer will not be liable for workplace harassment where it puts in place specific measures prior to and after the harassment taking place....more

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

A null and void non-compete clause does not trigger automatic damages

Until now, there has been no requirement for an employee to demonstrate any loss suffered to be entitled to damages owing to a null and void non-compete clause inserted into his or her employment contract. In its...more

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