News & Analysis as of

France Evidence

McDermott Will & Schulte

Cooperate, protect, and challenge: Responding to dawn raids conducted by EU competition authorities

Dawn raids conducted by antitrust authorities are stressful events. Among other issues, the ensuing investigations consume significant time and effort and often result in high fines for the companies involved. It is therefore...more

Morgan Lewis

The Weakening of Business Secrecy Before French Judges: The Negative Counterpart of the Right to Evidence in a Fair Trial

Morgan Lewis on

The French High Court has just handed down a ruling confirming the weakening of the force of business secrecy in the name of the right to evidence principle, based on the right to a fair trial found in article 6 of the...more

Jones Day

French Supreme Court Adopts a Restrictive Conception of Attorney-Client Privilege

Jones Day on

A decision handed down by the French Court of Cassation may affect the scope of attorney-client privilege in France....more

Latham & Watkins LLP

French Supreme Court: Unfairly Obtained Evidence Can Be Admissible in Civil Litigation

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Amid the continued expansion of the right to evidence, the court reversed its previous position that evidence obtained through unfair methods was inadmissible. When asked to re-examine the relationship between the right...more

Jones Day

JONES DAY TALKS®: Private Antitrust Litigation in France

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Jones Day’s series on private enforcement actions relating to antitrust matters in Europe continues with a focus on recent developments in France. Partners Eric Barbier de La Serre and Ozan Akyurek discuss how proceedings...more

Morrison & Foerster LLP - Social Media

Turkey’s New Social Media Law; Social Media Ad Spend; Harvard Law School’s Social Media Policy

In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a representative who is legally...more

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in France

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Paris-based Jones Day partner Thomas Bouvet talks about the challenges involved in gathering evidence and the most difficult aspects of trade secret litigation in France. He also discusses the remedies available to wronged...more

Skadden, Arps, Slate, Meagher & Flom LLP

Transatlantic Approach on Corporate Cooperation: How Newly Issued French and UK Guidance Compare to US Practices

As widely anticipated, French and U.K. regulators recently published guidance detailing their expectations for corporate cooperation in enforcement investigations. Both sets of guidance demonstrate further alignment of those...more

Sheppard Mullin Richter & Hampton LLP

The Benefits of the International Commercial Courts of Paris in French-American Commercial Litigations

On February 7, 2018, the Commercial and Appellate Courts of Paris officialized the creation, for each of them, of a chamber dedicated to resolving international commercial litigations. These chambers are known as the...more

Jones Day

French Blocking Statute: A Renewed Interest?

Jones Day on

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

Herbert Smith Freehills Kramer

The Gauvain Report and Other Recent Legal Developments Reaffirm the Importance of the French Blocking Statute

Evidence gathering differs greatly between common law and civil law jurisdictions. For example, while a U.S. judge may in many instances allow extensive pretrial discovery, a French judge would generally consider nearly any...more

Jones Day

New French Decree Strengthens Protection of Confidential Documents

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The Background: French Decree No. 2018-1126, which is intended to enhance the protection of documents containing confidential information, became effective following publication in the Official Journal. The Result: The...more

Jones Day

SIDRU Judgment: Hedging Transaction Not Rendered Speculative Even if It Exposes Party to Unlimited Risk

Jones Day on

The Context: In the wake of the Saint-Leu-la-Forêt decision of May 28, 2018, France's Court of Cassation issued an important decision on structured swaps concerning legal actions brought by public authorities against banks...more

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