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19 results for LexBlog France › McDermott Will & Emery

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  • 2019 IP Law Year in Review: European Issues

    Executive Summary The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council adopted in April 17, 2019, a controversial directive (Directive 2019/790 on copyright and related...

  • Law360: US District Court To French Tax Authorities: Pas De Probleme

    Robin Greenhouse and Kevin Spencer recently authored, “US District Court To French Tax Authorities: Pas De Probleme” for Law360. The article discusses a case involving IRS summons and taxpayers’ rights in context of the US-France Treaty. Read the full coverage on Law360.

  • French Labor Law Reform: A Breakdown of Key Items in the Overhaul

    The French government has announced labor reforms intended to promote flexibility and improved predictability at both the collective and individual level. The decrees should be approved by the president on September 22, 2017, and the parliament would have to ratify the decrees in the coming months. Their ratification is not expected to undergo major hurdles,...

  • Implementation of the European Union Directive on Antitrust Damages Actions into French Law

    On 10 March 2017, France finally implemented into French law the EU Directive 2014/104 of 26 November 2014 on antitrust damages actions. The implementation provisions faithfully transpose the Directive, but some concepts still, however, need to be clarified by courts at the EU and French levels. Read the full article.

  • In Calculating FCA Damages, Another Court Rejects Government Windfalls Based on Purportedly “Tainted Claims”

    Last month, the US District Court for the District of Columbia delivered another blow to the “tainted claims” theory of False Claims Act (FCA) damages frequently espoused by the government and qui tam relators. From the 1990s through 2004, the US Postal Service sponsored a professional cycling team led by Lance Armstrong, who won the...

  • McDermott EU Competition Annual Review 2016

    It is difficult for General Counsel and their teams to monitor all new developments adequately. With the growth of the Internet and the daily updates to EU competition rules, everyone receives and has access to masses of information, but it is difficult to select that which is really relevant to one’s business. McDermott’s EU Competition...

  • Mediation: New Obligations for France-based Traders

    Since entry into force on 1 January 2016 of the French provisions transposing the 2013 EU directive regulating mediation of consumer disputes (Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution for consumer disputes (“ADR”)), and the operability of the online platform provided by the 2013 EU regulation on online dispute resolution for consumer...

  • Economic Justification in the Assessment of Abusive Terminations of Longstanding Commercial Relationships

    International companies with operations in France, or those that conduct regular business with French commercial partners, should be aware that their longtime French commercial partners could be entitled to claim compensation for the termination of the contractual relationship well beyond the scope of the original contractual provisions. However, recent decisions of the French Supreme Court...

  • New Information Rights for French Employees of SMEs that May Be Sold

    A law has been passed in France to encourage French employee buy-outs of small and medium-sized companies (SMEs). In companies with fewer than 250 employees, an owner will be required to inform French employees of an intent to sell the business or a majority share of the business no later than two months before the...

  • France About to Embark on a Cookies Sweep Day

    Impending sweep day to verify compliance with guidelines on cookies During the week of September 15–19, 2014, France’s privacy regulator, the Commission Nationale de l’Informatique et des Libertés (CNIL), is organizing a “cookies sweep day” to examine compliance with its guidelines on cookies and other online trackers. Starting in October 2014, the CNIL will also...

  • Did France Really Ban Work E-Mails After 6 p.m.?

    Several international news sources recently reported that French law now prevents employees from answering their mobile phones or professional e-mails after 6.00 pm (see articles in the Guardian and USA Today, among others). The truth is somewhat less sensational but somewhat more administratively burdensome for certain consulting companies. Read the full article.

  • Whistleblowing and Data Privacy in France: A New Pragmatic Approach for Employment and Discrimination Claims

    The French data protection authority has extended the scope of whistleblowing protections to employment and discrimination claims. Click here to read the full article.

  • France Allows Same-Sex Marriages

    by Lionel Lesur and Lisa A. Linsky On April 23, 2013, the French Parliament gave final approval to a bill allowing same-sex couples to get married and adopt children.  This makes France the 14th country in the world to legalize marriage between same-sex couples, and the 9th in Europe.  Law No.2013-404, approving marriages between same-sex...

  • Cour de cassation Rules on Automotive Quantitative Selective Distribution Agreements

    by Louise-Astrid Aberg, Lionel Lesur and Philipp Werner The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France.  The judgment follows an earlier ruling on the matter by the Court of Justice of the European Union (CJEU), from which...

  • European Commission Dawn Raids: EU General Court Reins in “Fishing Expeditions”

    by Philip Bentley, QC and Philipp Werner On 14 November, the EU General Court ruled in related cases T-135/09 and T-140/09 that the European Commission had been too broad when setting out its mandate for the carrying out of dawn raids at the offices of companies in France and Italy.  The Court viewed that the...

  • Employees in France Must Be Compensated During Post-termination Non-compete Period

    by Sébastien Le Coeur, Jilali Maazouz and Todd A. Solomon. Multinational companies with employees in France should be aware that terminated employees subject to a non-compete restriction must be compensated during the non-compete period after termination of employment.  Given this legal requirement, non-compete and severance agreements for employees in France must provide for financial...

  • French Court Orders French Competition Authority to Disclose Antitrust Investigation Documents

    by Philipp Werner and Lionel Lesur On 24 August 2011, the Commercial Court in Paris ordered the French competition authority, the Autorité de la concurrence (Autorité), to disclose documents relating to the settlement of an antitrust investigation in the context of a private damages action.  This order could significantly strengthen the position of claimants in...

  • Access to Cartel Settlement Documents for Plaintiffs in France

    by Philipp Werner and Lionel Lesur A French court has added another layer of complexity to cartel cases in the European Union.  The Commercial Court in Paris has ordered the French competition authority to disclose documents relating to an antitrust investigation.  The order concerns non-confidential versions of written and oral statements gathered during the investigation. The...

  • Developments in Private Antitrust Damage Claims – France

    by Philipp Werner France may join the growing number of jurisdictions for class action style private antitrust damage claims in the EU. A judge from the French Cour de cassation, the highest civil jurisdiction, speaking at a conference yesterday, stated that class action style “assigned damages claims” under French law could be accepted by French...

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