LexBlog France

Publisher:
LexBlog
Publication date:
2019-10-11

Publisher

Latest documents

  • French Top Court Says Anti-Semitic Murderer of Jewish Woman Is Mentally Unfit To Stand Trial

    France 24 reports that France’s highest court, the Court of Cassation, ruled on Wednesday that a Muslim man who murdered Sarah Halimi, a Jewish woman, was not criminally responsible for the act.  The report says in part: Halimi, an Orthodox Jewish woman in her sixties, died in 2017 after being pushed out of the window of...

  • French court ruling considers lawfulness of using EU subsidiary of US cloud service provider post-Schrems II

    The Conseil d’État, France’s highest administrative court, recently ruled that personal data collected via a platform managed by Doctolib, and hosted by an EU subsidiary of a US-based company (subject to US surveillance laws), was in line with the GDPR. The ruling is an important follow-up to Schrems II. Facts The servers of Doctolib, whose...

  • Study finds differences in domestic food prep practices

    Researchers have studied the relationship between consumer practices, kitchens, and the risk of cross-contamination with pathogens in Europe. Participants from 87 households in six European countries were observed and interviewed in 2018 during shopping and preparation of a chicken and vegetable meal. Sampling and analyses of microbial pathogens from their kitchens were also performed. The...

  • France sees increase in foodborne outbreaks

    French public health officials have reported a rise in the number of foodborne outbreaks in 2019 compared to the year before. Sante publique France, the public health agency, recorded 1,783 outbreaks in the country affecting 15,641 people. In total, 609 people needed hospital treatment and 12 died. In 2018, 1,630 outbreaks were declared affecting 14,742...

  • The Shareholder in France and the U.S.: Comparing Corporate Legal Priorities

    The fundamental question in the law of business organizations – what is the purpose of the corporation? – contains a related question of constituencies and, therefore, priorities among them: Whom does the corporation serve?  If, for example, the purpose that justifies the existence of the corporation is the maximization of share price, then it follows...

  • Aftermath of Schrems II decision in France: The French Council of State provides significant clarification on the U.S. based data host to provide services in the French health care sector

    On March 12, 2021, the French Council of State (Conseil d’Etat), the highest French administrative court, handed down a ruling (ordonnance des référés) allowing Doctolib, a company in charge of booking COVID-19 vaccination appointments, to rely on a U.S.-based health data host. In the present case, the servers of Doctolib – whose platform had been...

  • Growing convergence towards a hard law duty of care in the EU

    Recent years have seen a general move towards increased accountability and responsibility obligations imposed on businesses to respect human rights and prevent adverse impacts throughout the value chain. Nearly ten years after the adoption of the UN Guiding Principles on Business and Human Rights (“UNGPS”), mandatory human rights due diligence initiatives are on the rise...

  • Debate: In the Criminal Justice System, Wealth Is A Huge Advantage

    Ed. note: Anatole France wrote “The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread.” But when it comes to federal prosecutions, is wealth always an advantage or can it also be a detriment?  The following post, by my former Fault...

  • French Highest Court Rejects Suspension of Partnership with EU Service Provider Using AWS; Extends Application of the Schrems II Requirements

    France’s highest administrative court recently issued a summary judgment that rejected a request for the suspension of the partnership between the French Ministry of Health and Doctolib, a leading provider of online medical consultations in Europe, for the management of COVID-19 vaccination appointments.

  • France Recommends OELs for Titanium Dioxide Nanoparticles

    On March 4, 2021, the French Agency for Food, Environmental and Occupational Health and Safety (ANSES) announced that it is recommending an eight-hour occupational exposure limit (OEL) of 0.80 micrograms per cubic meter (µg/m3) for titanium dioxide nanoparticles.  According to ANSES, compliance with this value “should help prevent lung inflammation, an effect that occurs at...

Featured documents

  • Quoting Anatole France, Oregon Court Bans Class Action Bans in Arbitration Agreements

    Anatole France. Striking down as unconscionable a ban on class actions in an “arbitration rider” to a loan agreement, the court in Vasquez-Lopez v. Beneficial Oregon, Inc., No. A125270 (Ore. Ct. App. Jan. 31, 2007), rejected the lender’s argument that the ban favored neither side: We are reminded...

  • Compensating the Families of Air France Flight 447

    Are the passengers’ families entitled to compensation for their loss? From whom? Does it matter what caused the crash? Can the families sue in the United States? Air France is Responsible Regardless of the Cause of the Accident.  The Montreal Convention requires Air France to compensate the...

  • New blogs joining the LexBlog Network for the week of 11/30-12/4

    There are four publications joining the LexBlog Network this week and three of the four are from a lawyer or law firm operating their first LexBlog blog. Very exciting. Each blog looks very sharp and has some interesting content already. Drop in and take a look, you were there once too. Virginia...

  • OECD Releases Report on Current Developments and Activities on the Safety of Manufactured Nanomaterials

    In a September 22, 2010, report entitled Current Developments/Activities on the Safety of Manufactured Nanomaterials, the Organization for Economic Cooperation and Development (OECD) provides information on current and planned activities related to the safety of manufactured nanomaterials in OECD...

  • French Shale Gas

    The WSJ has an interesting article on the shale potential in France.  “One option that has been fiercely debated is shale gas, whose emergence in the U.S. has helped the country reduce its dependence on imported energy and eased prices while providing a fuel that burns cleaner than oil or coal....

  • Europe Looks at Seeds as Link to E. coli Cases

    A task force assembled hurriedly by the European Food Safety Authority (EFSA) will try to track down whether British seeds are the common factor between 10 suspected E. coli illnesses in France and the massive outbreak in Germany associated with sprouts. “In response to an urgent request from the...

  • Now we need to worry about antibiotic resistant Salmonella Kentucky too?

    In the middle of a 35,709,675 pound (and likely too grow) recall of antibiotic-resistant Salmonella Heidelberg tainted turkey meat, and the continued concern for Salmonella Newport, Salmonella Hadar, and Salmonella Typhimurium in our food supply, comes Salmonella Kentucky. In a recent article in...

  • Council of Europe Considers Proposal to Amend Convention 108 Rules on Transborder Data Flows

    On October 10-12, 2011, the Council of Europe’s T-PD-Bureau met in Strasbourg, France, to discuss amending Convention 108. One of the main topics of discussion was the regulation of transborder data flows....

  • The $1 Jury Award for Specialized Bicycles

    I’ve been riding bikes and racing triathlons for several years and been able to ride in some amazing places. Below is a picture of my brother, my Dad, and me during a trip to France in 2010.                   Specialized is a premier American bicycle manufacturing company that has had significant...

  • Tour de France begins

    The  “Super Bowl” of cycling, the Tour de France, has begun. It’s a joy to see how the cycling teams work together. While there is serious competition amongst the teams, there is still civility and respect for one another. Lawyers would do well to see this as an example for their own conduct. The...