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A Step Toward the Confidentiality of Legal Advice Issued by French In-House Counsel

On June 8, 2023, as part of the parliamentary debates on the so-called "Justice" bill, the French Senate voted on an amendment to the Law No. 71-1130 dated December 3, 1971, which aims to ensure confidentiality to certain...more

Questions Remain as Supreme Court Restricts § 1782 Discovery in Private International Arbitrations

In Short - The Situation: Section 1782 of Title 28 of the U.S. Code authorizes U.S. district courts to order discovery "for use in a proceeding in a foreign or international tribunal." Over the last several years, U.S....more

REPowerEU: A New Energy Landscape for Europe

In March 2022, the European Commission published "REPowerEU," a blueprint of its planned changes to the regulation of European Union energy markets in direct response to the Russian invasion of Ukraine in February 2022. At...more

European Super League: Threatened Government Backlash Created Winners and Losers

The Situation: The European Super League faced significant criticism when it was announced on 18 April 2021. Some governments in Europe—particularly the United Kingdom—even threatened new laws intended to target the new...more

ICC Adopts 2021 Rules of Arbitration

The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements. On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more

European Litigation: COVID-19 Measures at a Glance

As the novel coronavirus (COVID-19) pandemic is spreading around Europe and governments take steps towards slowing down the propagation of the virus, courts are reducing activities. In every jurisdiction, where efforts are...more

French Court Rules on Corporate Liability for Criminal Acts Committed by Executive

The Situation: A chief executive officer in France convicted of misusing corporate assets, and required to pay damages plus interest to the victim of his offense, sued to force the company to reimburse him for this amount, on...more

French Blocking Statute: A Renewed Interest?

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

French Court Clarifies Surveillance Obligations

The Situation: In a recent decision, the French Supreme Court clarified the surveillance obligations of notified bodies—independent entities accredited by an EU Member State's national health authority to determine whether a...more

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