France

News & Analysis as of

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

Direct Lending by French Funds - The Autorité des Marchés Financiers (the French financial markets regulator, the “AMF”) has published on 1 April 2016 the results from the public consultation organized at the end of last...more

The flight of the operators: Resignation provisions under joint operating agreements

“The Devil is in the details, but so is salvation” - So said Admiral Hyman G Rickover, regarded as the father of the United States’ nuclear powered navy. It is with similar sentiments that both operators and non-operators in...more

French Anti-Corruption Reform Expected In 2016

France to introduce significant changes affecting large companies and top management, to improve current anti-bribery system. The French Parliament is expected to enact “Sapin II” on transparency, anti-corruption and...more

The dismissal of a protected employee in consideration of his/her repeated or long sick leaves unrelated to an occupational...

Under French law, the dismissal of a ‘protected employee’ i.e. an employee having a mandate of trade union or staff representative is subject to the prior authorisation of the French Labour Inspector. According to the...more

Is the new "DUP" resulting from French Rebsamen Law really a simplification?

The so-called "Rebsamen" Law No. 2015-994 of August 17, 2015 amended the rules and the scope of the so-called unified personnel delegation ("DUP"). French Decree No. 2016-345 of March 23, 2016 completed this reform. From a...more

Give your dough to the baker even if he will eat half of your bread!

As dispute lawyers we often deal with contracts that result in unintended consequences because they have not been drafted by lawyers expert in the chosen governing law of the contract. While many legal systems share...more

Competition News April 2016

Requests for information: reinforced statement of reasons for late investigative measures - With four decisions of March 10, 2016, the European Court of Justice (the “ECJ”) reminded the European Commission of its...more

EU Data Protection Authorities: Privacy Shield needs more work

European Data Protection Authorities have announced that, in their view, further work is required to ensure the proposed EU-US Privacy Shield provides sufficient protection to European data transferred to the United...more

EU Retail News - April 2016

Welcome to the first issue of EU Retail News written by members of the Retail Team at Bryan Cave - EU and US: Marketing fitspiration from SoulCycle - SoulCycle has taken the US by storm, with fitness studios...more

Tackling Market Abuse And Corruption — Finally

In the next few weeks, the French Minister of Finance should present to the Government a Bill which would, if adopted, reform the French regime on market abuse, create a new anti-corruption agency and impose an obligation on...more

In the Global War for Data Privacy, Germany, France and Norway Launch First Strikes under ‘The Shield’

In the comic book world, one is often either a DC person or a Marvel person. In the data privacy world, one could say the European Court of Justice ruling last fall inspired the switch from DC’s Aquaman’s (Safe) Harbor to...more

First Successful Prosecution For A Recommendation Based On Inside Information

French Administrative Supreme Court, 10 July 2015, n°369454 - A recommendation to acquire or dispose of a financial instrument on the basis of inside information is market abuse, even if no inside information is...more

French Data Protection Wants to Force Google to Extend the Right To Be Delisted to All the Search Engine’s Extensions

On March 10, 2016, the French data protection agency (« CNIL ») pronounced a €100.000 ($111,715) fine against Google Inc. for failure to comply with its formal injunction of May, 2015 ordering the company to extend delisting...more

EU & Competition Law Update – April 2016

European Union: EU Commission maintains close scrutiny of retail geo-blocking - On the 18th of March 2016, the EU Commission published initial findings from its e-commerce sector inquiry. The initial findings show a...more

Legal revolution in France – civil law reforms (or Napoleon’s second coming)

This alert draws attention to the approaching entry into force of the new French civil code. This will be of interest to all parties with French law-governed agreements or that do business in France – especially regarding...more

To wear, or not to wear: that is the policy

Workplace dress codes are once again in the spotlight. British Airways' dress code policy came under scrutiny for requiring female cabin crew to wear skirts. Two dress code policies of employers in France and Belgium caused...more

What Impact Will the New French Data Processing Standard Have on eDiscovery?

On January 28, the French data protection authority, CNIL, issued Single Authorization Decision No. 46 (AU-46), which governs how certain companies request permission to process personal data for litigation. The French...more

According to the Paris Court of Appeal, the Jurisdiction Clause in Facebook’s Terms and Conditions Is Not Enforceable Against a...

References: Paris Court of Appeal, judgment rendered on 12 February 2016, docket # 15/08624 In a 12 February 2016 decision, the Paris Court of Appeal ruled that the jurisdiction clause provided for in Facebook’s general...more

France anticipating the GDPR

A bill currently under discussion before the French Parliament should result in tightened sanctions against organizations found to be in breach of data protection law. New sanctions provided under the bill are a reflection of...more

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

MIF 2 Directive – AMF Guide - The AMF published a guide on the implementation of the MIF 2 Directive. The document is drafted as a Q&A on several issues with respect to the implementation of the MIF 2 Directive, subject...more

Enforcement Of EU Member State Judgment

Enforcement proceedings are not the appropriate avenue for appealing a foreign court judgment on the merits, and recognition and enforcement of an EU Member State judgment can only be refused in exceptional circumstances. In...more

Injury resulting from exposure to asbestos does not exist separately to the injury of anxiety to workers of classified...

This client alert is relevant for companies that are exposed to industrial risks in France, and addresses in particular the asbestos cases and the related injuries. It points out the fact that, following the judgment rendered...more

EU & Competition Law Update - March 2016

Welcome to March's edition of our EU & Competition Law Bulletin covering recent legal developments impacting upon you and your business: - ..United Kindgdom: Large pay for delay fine imposed by CMA. ..Germany and...more

European Acquisition Finance Debt Report 2016

Welcome to DLA Piper’s European Acquisition Finance Debt Report 2016. This report, now in its seventh year, presents detailed results of our survey of 300 participants active in the European acquisition finance debt market....more

French Ministry Publishes Report on Nanomaterial Registrations Received in 2015

The Ministry for the Environment, Energy, and the Sea has posted a report, available only in French, entitled Éléments issus des déclarations des substances à l’état nanoparticulaire: Rapport d’etude 2015. ...more

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