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E-newsletter - October 2019
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Simplification of French corporate law: Overview of some flagship measures
Catherine Nommick, Esq.
Following the so-called PACTE Law which amended several major areas of French corporate law (Law No. 2019-486 of May 22, 2019), the Law on the Simplification, Clarification and Modernization of Corporate Law, published in the Official Gazette on July 19, 2019 under the number 201-9-744, entered into force on July 21, 2019. This Law is the result of a proposal submitted in 2013, the scope of which has been significantly reduced as a result of the inclusion of several of its provisions in various pieces of legislation, including the PACTE Law, recently enacted. Nevertheless, the changes brought about by the Law remain significant.
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Update on the support provided to professionals by the French Health Authority for the deployment of e-health in France
Geoffroy Lacroix, Esq.
In a series of articles published this month, the Haute Autorité de Santé (French Health Authority) recalled the materials it has produced in connection with the deployment of e-health in France. The French Health Authority has indeed developed tools, guides and guidelines to support developers of apps and smart devices, practitioners wishing to set up teleconsultation activities or healthcare professionals using approved industry-specific software solutions and approved databases.
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Adoption of the Hague Convention on the recognition and enforcement of foreign judgments: Towards a facilitated movement of judgments in a post-Brexit era?
Anaëlle Idjeri, Esq.
On July 2, 2019, the Hague Conference on Private International Law announced the adoption of a new convention on the recognition and enforcement of foreign judgments in civil or commercial matters. This convention, considered as far back as 1992 with the first works on jurisdiction and movement of judgments, aims at being “a true gamechanger in international dispute resolution” that will allow the movement of judgments in civil and commercial matters while “providing better, more effective, and cheaper justice for individuals and businesses alike”. If it succeeds, i.e. if it is ratified by a large number of countries, this convention will regulate the worldwide movement of judgments in commercial matters, thereby facilitating the resolution of the difficulties resulting from Brexit.
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General Mobility Bill: The thorny issue of digital platform workers
Sara Bellahouel, Esq.
Almost a year after the landmark decision handed on November 28, 2018 by the Cour de Cassation (French Supreme Court) which had for the first time ruled on the reclassification of the contract between a delivery rider and a digital platform and acknowledged the existence of an employer-employee relationship, where does the French legislator stand on the thorny issue of gig economy workers?
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Ms. Florence Grangerat has joined the firm as Counsel
Florence focuses her practice on corporate law, commercial law, mergers and acquisitions, private equity and international contracts. She assists a clientele comprising primarily international groups, French and foreign small and medium-sized companies, as well as entrepreneurs and business managers. She also works with French start-ups, in particular in the biotech industry. After nearly four years as local representative of Audier & Partners in Burma (Myanmar), she has developed an in-depth expertise in assisting foreign investors in their expansion projects.
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Anniversary: The Deveaux case
We are pleased to wish our founding partner André Soulier a happy anniversary.
The ruling of acquittal of Jean-Marie Deveaux, a former butcher assistant accused of having slit the throat of his employers’ daughter and aged 27 at the material time, was indeed issued by the Côte-d'Or Criminal Court in Dijon on September 27, 1969 after eight years of court battle and three appeals before the Cour de Cassation (French Supreme Court), the last two of which were lodged by two Ministers of Justice. So… 50 years ago!
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International Perspective: INCOTERMS® 2020 Changes Rules for Buyers, Sellers and Shippers of Goods in International Trade
We are pleased to publish this month a contribution entitled INCOTERMS® 2020 Changes Rules for Buyers, Sellers and Shippers of Goods in International Trade, authored by Mr. Barry J. Bendes, Partner at the US law firm Locke Lord LLP. The International Chamber of Commerce has issued INCOTERMS® 2020 (short for International Commercial Terms) to be effective January 1, 2020. INCOTERMS 2020 provides an updated template and standardized set of definitions for the terms most commonly used in international commercial transactions (and some that are less common but are used for specific purposes). By specifically designating INCOTERMS 2020 in an agreement prior to January 1, 2020, buyers, sellers, shippers and others can use INCOTERMS 2020 today even though the official effective date is not until January 1, 2020. References in agreements, purchase orders, confirmations, letters of credit and other contracts to INCOTERMS after January 1, 2020, without a designation as to an INCOTERMS version will likely result in the application of INCOTERMS 2020.
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PARIS
50 Avenue de Wagram
75017 Paris
France
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LYON
Cité internationale
34 Quai Charles de Gaulle
69463 Lyon Cedex 06
France
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BRUSSELS
131 Rue de Stassart
1050 Brussels
Belgium
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