News & Analysis as of

French Trademark Office Will Not Register “PRAY FOR PARIS” Or “JE SUIS PARIS”

After the terrorist attack on Charlie Hebdo in January 2015, the French Trademark Office received so many applications for “JE SUIS CHARLIE” that the Office issued a statement in which it warned that it would not register any...more

Asbestos: the French State Council (“Conseil d’Etat”) holds the State liable when an employer is deemed responsible for...

On the 9th of November 2015, the French State Council (“Conseil d’Etat”) admitted for the first time the possibility for an employer held liable on the grounds of inexcusable fault to take action against the State so as to be...more

Cooperation, Leniency, Internal Investigations, Self-Incrimination, Privilege and All That Jazz

I recently attended a Fraud Conference in Miami where I heard a French lawyer insisting that since he was a defence advocate, his job was to defend his clients against fraud allegations, not to prosecute them. Instead of...more

Energy & Environment Update - November 2015 #3

Energy and Climate Debate - With the November 20 deadline looming, Congress will focus much of this week on the surface transportation bill as House and Senate conferees try to quickly negotiate differences on H.R. 22...more

Energy Newsletter - November 2015

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by Retroactive Legislative Changes - Introduction: In recent years, project developers,...more

National security clampdown on foreign deals

Countries around the world have been increasingly focusing on national security reviews of foreign direct investments into their markets. The three countries where national security reviews can potentially have a...more

France’s Highest Court, the Cour de cassation Validates Asymmetrical Jurisdiction Clauses

In its widely published decision of 7 October 20151, France’s highest court, the Cour de cassation has adopted a clear stance in favour of validating conditional and asymmetric forum selection clauses. The case involved...more

Reducing the Proportion of Nuclear Energy in France: The Legal Weaknesses of an Electoral Promise

As one of the main measures contributing to the creation of a new French energy model, the energy transition law of 17 August 2015, caps the proportion of electricity to be produced from nuclear plants....more

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

Public Consultation on the Origination of Loans by Funds - Within the framework of the implementation of the ELTIF Regulations in France, the Autorité des Marchés Financiers (“AMF”) launched a public consultation on 22...more

The fiducie-sûreté: the most effective French security interest?

The fiducie has been the subject of increased interest by lenders over the past few years in France. Even though there is no significant case law supporting this, some academics have gone so far as to refer to this mechanism...more

Employment Law Commentary, October 2015

EU Employment Issues In M&A Transactions - Across industry sectors, there is one thing that all organizations have in common—people. Every organization needs a workforce to steer it in the right direction. This means...more

Multiple Agencies Take Action Against Paris-Based Investment Bank for Sanctions Violations

On October 20, the DOJ, OFAC, the NYDFS, the Manhattan District Attorney’s Office, and the Federal Reserve simultaneously announced that a Paris-based investment bank would pay a total of more than $787 million to settle...more

No Safe Harbour? Immediate Implications for Employers

A landmark decision of the European Court of Justice (ECJ) has held that companies may no longer rely on “Safe Harbour” to justify transferring personal data from the European Union to the US, because the US Government has a...more

Changes to French qualifying plans

On 7 August 2015, the Loi Macron introduced changes to French qualified restricted stock units ("RSUs"). It introduced a more favorable regime; however, in order to benefit from it companies will have to obtain shareholder...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: France

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Article L. 1224-1 of the French Labour Code states that “following a change to the employer’s legal status, in particular by succession, sale,...more

The Law Macron: Work on Sundays and in Evenings

The new changes are not drastically different from current law but manage to a make a complex system even more complex. After months of tense discussions in the French Parliament, the Law for the Growth, the Activity,...more

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

French SICAV – Reduction of the Minimum Number of Shareholders for Unlisted SICAV - The Ordinance n° 2015-1127 was published on 10 September 2015. The purpose of this Ordinance was to reduce the required minimum number...more

The Class Actions Global Guide, France

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - The types of collective action addressed in this...more

No Distinction to be Made Between Foreign Commercial and Administrative Law Awards for Exequatur in France

France has had a dual jurisdictional system since the 19th century. On the one hand, the administrative courts have jurisdiction to hear most disputes which involve public entities and, on the other hand, the judicial courts...more

Google and the Right to be Forgotten: The French Data Protection Authority Takes the Matter Further

On June 12, 2015 the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL) issued a notice ordering Google to draw all the consequences of the CJEU May 13, 2014 ruling and to apply...more

The “Law Macron” Has Taken Effect: Much Ado About Nothing?

This LawFlash focuses on dismissals and mass redundancies. After months of tense discussions in the French Parliament, the law for the Growth, the Activity and the Equality of Economic Opportunities (Law Macron), which...more

Six Recommendations For Clients With Connections to France

There have been a number of changes to EU laws recently that have had, or will have, a direct impact on your clients who have connections with France. There are six stand-out issues that are worth careful and immediate...more

Competition News September 2015

The French Macron law and the framework of commercial relations - Promulgated on August 6, 2015, the law to promote growth, activity and equal economic opportunity, known as the “Macron law”, provides for a series of...more

In the Wake of France’s Adoption of a Class Action Model, Companies Domiciled and Doing Business in France Should Ensure Insurance...

In the wake of the institution of class action claims in France, where, unlike the U.S. class action model, liability and damages are assessed prior to “massification” of the class, corporations should prepare for these new...more

Reduction of the Minimum Number of Shareholders in French Privately Held Stock Corporations

Effective September 12, 2015, the minimum number of shareholders in a French stock corporation (société anonyme or SA) has been reduced from seven to two. This modification is only applicable to privately held SAs, publicly...more

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