All publications by Soulier Avocats

The conditions of detention, already well deteriorated due to the overcrowding that has been a constant feature of places of deprivation of liberty for several years, are necessarily and unfortunately adversely affected by the health situation created by the COVID-19 pandemic. How to implement social distancing, and more broadly, so-called “barrier gestures” (i.e. preventative measures that each individual should take to protect himself/herself and others against COVID-19) in places where the daily life is marked by the proximity between fellow inmates? It is impossible to do so.

Consequently, many requests for release from pretrial detention have been filed with the Liberty and Custody Judge. However, these requests for release have been dismissed. Following the upholding of a dismissal order, one inmate appealed to the Cour de Cassation (French Supreme Court). On August 19, 2020, the Criminal Chamber of the Cour de Cassation issued a ruling that confirmed the dismissal of the request for release.

The EU-US Privacy Shield, which allowed the transfer of personal data from the European Union to the United States in accordance with the GDPR, was invalidated by the Court of Justice of the European Union on July 16, 2020.

A look back at this decision and its impact on data transfers to the United States.

On July 28, 2020, the Paris Court of Appeals ruled on the dispute between EDF and Total Direct Energie concerning the suspension by Total Direct Energie of the framework agreement for the purchase of nuclear electricity that they had entered into, due to the Covid-19 pandemic.

The Court of Appeals upheld the interim order issued by the Paris Commercial Court on May 20, 2020 and found that the Covid-19 pandemic constituted a force majeure event justifying the suspension by Total Direct Energie of the framework agreement as soon as this event occurred.

Does an employer who dismisses for serious misconduct an employee working as security consultant for a company providing security and defense services to governments, international non-governmental organizations or private companies, accusing him of wearing a beard that is “trimmed in a way that is intentionally meaningful in both religious and political terms”, infringe said employee’s freedom of religion?

The Cour de Cassation (French Supreme Court) was asked to address this issue and has expanded existing case-law in this area, by issuing on July 8, 2020 a ruling on the fundamental rights and freedoms of employees in the workplace. The Labor Chamber of the Cour de Cassation specifically considered that dismissal for serious misconduct based on such a ground was discriminatory.

The COVID-19 pandemic affect billions of people worldwide and has an increasingly devastating impact on the economy.

Companies are facing new challenges and the need for practical legal advice is more important than ever. Legal concerns relate to health restrictions, corporate governance, contracts, business transactions, insurance, insolvency and others.

In order to best assist our clients in these difficult times, we have prepared a summary of the main issues that businesses may face as a result of COVID-19.

In the unprecedented context of the health crisis created by the COVID-19 pandemic, private equity transactions slowed down sharply. Many funds have opted for a strategy aimed at focusing on their existing investment portfolio and supporting their investments to meet increased cash flow requirements.

This crisis also provides an opportunity to take a look back at a particularly dynamic year in 2019 for the French private equity investment market and to identify trends, both in terms of the investment methods hitherto favored by investors and in terms of the protection afforded to investors.