Recent laws—such as the 2016 Sapin 2 Law and the new EU General Data Protection Regulation—provide for rules that are intended to ensure compliance with the French Blocking Statute, which prohibits any French party from...more
6/18/2019
/ Blocking Statutes ,
Cross-Border ,
Data Protection ,
Discovery ,
Document Productions ,
Evidence ,
Extraterritoriality Rules ,
France ,
General Data Protection Regulation (GDPR) ,
Hague Convention ,
Litigation Strategies ,
Regulatory Standards
The Situation: The French government has presented a new bill in order to prepare for a "Hard" Brexit scenario.
The Result: If the United Kingdom leaves the European Union in March 2019 without an overall deal—or with a...more
11/9/2018
/ Consumer Financial Products ,
Cross-Border ,
EU ,
European Economic Area (EEA) ,
Financial Services Industry ,
France ,
Insolvency ,
ISDA ,
Legacy Contracts ,
Safe Harbors ,
UK ,
UK Brexit
The Situation: The Legal High Committee for Financial Markets of Paris ("HCJP") recently published a synopsis of its three Brexit reports on contracts continuity.
The Result: In the event of the United Kingdom crashing out...more
9/5/2018
/ Banking Sector ,
Consumer Financial Products ,
Cross-Border ,
EU ,
European Commission ,
Financial Services Industry ,
France ,
Investment ,
Third Country Entities (TCEs) ,
UK ,
UK Brexit
The Situation: English law-governed documents have largely dominated the European swaps and derivatives markets since the landmark ISDA Master Agreement was published in 1987.
The Development: The International Swaps and...more
7/2/2018
/ Brussels Regulation ,
Choice-of-Law ,
Cross-Border ,
Derivatives ,
EU ,
Financial Instruments ,
Foreign Jurisdictions ,
France ,
ISDA ,
ISDA Master Agreement ,
Over The Counter Derivatives (OTC) ,
UK Brexit
The Situation: Regulation (EC) No 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I Regulation) does not cover the question of third-party...more
4/19/2018
/ Capital Markets Union ,
Conflicts of Interest ,
Cross-Border ,
European Commission ,
Financial Instruments ,
France ,
Member State ,
Proposed Regulation ,
Rome Regulation ,
Securitization ,
Third-Party