France

News & Analysis as of

French Consumer Class Action: An Initial Assessment

On 1 October 2016, the French consumer class action celebrated two years of existence. The initial assessment is rather reassuring for companies, although media coverage from the very beginning has been worrying and...more

Contract Law Reform: Part Three | La réforme du droit des contrats: troisième partie

In our third and last LawFlash about contract law reform, we cover unforeseeability and significant imbalance. With the entry into force, for contracts entered into after 1 October 2016, of Ordinance No. 2016-131 of 10...more

DLA Piper Global M&A Intelligence Report Video

DLA Piper's 2016 M&A Intelligence Report is based on data from about 500 deals from Europe, North America and Australia, giving a truly global perspective on how M&A deals get done. It looks at the differences between...more

Loi Travail : précisions autour de la définition du motif économique

Les dispositions de la loi Travail relatives au motif économique de licenciement sont entrées en vigueur le 1er décembre 2016. Premier apport du texte, la loi Travail modifie la liste des causes possibles de licenciement...more

Contract Law Reform: Part Two| La réforme du droit des contrats: deuxième partie

In our second of three LawFlashes about the contract law reform in France, we examine the interrogatory processes and the assignment of claims, debts, and contracts. Ordinance No. 2016-131 of 10 February 2016 (the...more

Sapin II Law: The Modernization of France's Fight Against Corruption

After years of facing international criticism for purported “laxity” towards transparency and the fight against bribery and corruption, France has adopted new legislation aiming to rectify this deficiency, which imposes...more

Contract Law Reform: Part One | La réforme du droit des contrats: première partie

In our first of three LawFlashes about the recent contract law reform in France, we discuss the changes to contractual nonperformance. Entered into force for contracts concluded after 1 October 2016, Ordinance No....more

The French Competition Authority imposes record fine for gun jumping practices

On 8 November 2016, the French Competition Authority (FCA) published a press release announcing that it imposed a fine of EUR 80 million on the Altice Group (Altice Luxembourg and SFR Group) for implementing two transactions...more

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

AMF Doctrine – Management Fees - The AMF, within the framework of the FROG Working Group (French Routes and Opportunities Garden, whose role is to develop the French asset management industry), updated on 8 November 2016...more

Competition News November 2016

Gun jumping in France: penalty imposed by the French Competition Authority on early partial completion of two mergers prior to their authorization - By a decision not yet published, issued on November 8, 2016 by the...more

New French Anti-Corruption Law: Companies Doing Business in France Must Beware

On November 8, 2016, France modernized its anti-corruption enforcement regime and adopted the Law on Transparency, the Fight against Corruption and Modernization of Economic Life (known in France as “Sapin II,” named after...more

National security reviews: A global perspective — France

Following the Montebourg Decree in 2014, the scope of activities covered by national security reviews has been significantly extended to several key industries. The Bureau Multicom 2, which is located within the Ministry...more

New Rule: The Fight Against Corruption Speaks French

On November 8, France adopted its new framework legislation against corruption, the Law on Transparency, the Fight against Corruption and Modernization of Economic Life, otherwise called the “Sapin II Law” from the name of...more

French Competition Authority imposes a record fine on Altice Luxembourg and SFR Group for implementing the acquisition of SFR and...

In a decision dated 8 November 2016, the French Competition Authority (FCA) has sanctioned jointly Altice Luxembourg and SFR Group and imposed a record fine of 80 million euros for what is known as "gun jumping" practices ie...more

The Implications of the Expanded Scope of the French Class Action System on Potential Liability and Insurance Coverage for...

Although the French class action system has gotten off to a slow start with only 6 actions initiated to date, the recently and anticipated expanded scope of the French class action system will impact the potential liability...more

First-ever French Fine for Integrating Before Merger Clearance

Altice was fined €80 million for jumping the gun when it acquired SFR and Virgin Mobile/OTL in 2014. Please note that this Client Alert is based on the press release published by the French Competition...more

French Digital Republic Law Expands Rights of Users and Regulators (Law No. 2016-321 of 7 October 2016)

On 7 October 2016, the president of the French Republic promulgated the Law for a Digital Republic. This promulgation closes the legislative process commenced in December 2015, which itself was preceded by a public...more

Ninth Circuit Says Oui to French Copyright-Infringement Award

Addressing whether federal courts may go outside the pleadings when ruling on a motion to dismiss premised on foreign law, the US Court of Appeals for the Ninth Circuit clarified that the content of foreign law is a “question...more

French Competition Authority Imposes Its First Ever Fine for Gun-Jumping

For the first time ever, on 8 November 2016 the French Competition Authority (FCA) sanctioned companies for implementing a transaction that had been notified to the FCA but not yet received a clearance decision, behaviour...more

ISO 37001: Why Your Anti-Corruption Policy Needs to Go Global

Ten years ago the standard anticorruption policy was nearly exclusively FCPA-focused. DOJ and SEC enforcement actions were the primary, if not the only, concern for corporate executives and board members. The UK Bribery Act...more

France adopts Law for a Digital Republic: key data provisions are a jump-start on the GDPR

France’s Law for a Digital Republic, under discussion for more than a year, has at last been published. Some key provisions of the law, published in early October, are immediately effective and anticipate the GDPR’s...more

"Employment Flash - October 2016"

Spotlight on Whistleblower Protections - On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more

Countries at a Glance: France - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - To reduce the risk of potential claims from employees that they have entitlements under Plans, Plans should be...more

Au revoir bailiff notifications for the assignment of receivables

Starting on October 1st , 2016 the French law on receivable acquisition has changed to become simpler. Before, a formal bailiff’s notification was required in order to render a receivable acquisition enforceable towards the...more

Loi Travail : le principe de neutralité en enterprise

Since August 10, 2016, the rules may provide for restriction of the protest by employees of convictions under the principle of neutrality. The Labour Law provides that henceforth the rules may contain provisions...more

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