This guide provides a straightforward overview of the law and practice which applies in a wide-ranging number of jurisdictions where CMS are able to provide legal advice. This guide provides an answer to each of the 20 questions for each jurisdiction.<br />
In this article, we consider some key aspects of the executive employment relationship and the legal considerations which may affect the drafting of contracts of employment for executive-level employees.
Preemptive clauses allow a person or entity to acquire priority shares of a company before they are transferred. Although preemptive clauses can be embedded directly into the bylaws, drafters may also insert them into shareholders' agreements. This QuickCounsel will review the pertinence, validity, and effectiveness of such preemptive clauses under French law.
To support your global practice, ACC Docket offers country-specific fun facts from your peers who've been there – literally. In this issue, learn more about France.
Both the Russian and French courts considered asymmetric clauses to be inequitable and as such, invalid. In light of these decisions, caution should be exercised whenever you are considering incorporating an asymmetric clause.
The aim of a liquidated damages clause is to specify in advance the indemnification for a party that suffers from a breach of contractual obligations. Non-performance of a contract, without any evidence of actual damage, is grounds for pre-estimated compensation. This clause obviously limits the necessity to seek indemnification in court and is in demand in business contracts. However, if challenged, its efficiency may be greatly reduced by the intervention of a judge who has the power to modify the amount of the compensation determined in the contract. The distinction between liquidated damages and penalty clauses has a greater impact in common law countries than in those influenced by Civil Code tradition. This QuickCounsel assesses several court decisions in various European countries that bring to light these differences.
This brief article reviews regulations applicable to crowd-funding in France, the United Kingdom, and Italy, with some discussion of the practical application of the rules.
Beginning on 1 January 2014, French pharmacists are now legally permitted to substitute a biosimilar for the prescribed (reference) biological medicine as long as the prescribing physician has not marked the prescription as “non-substitutable.” According to the new law, substitution is allowed only when initiating a course of treatment, and if the biosimilar belongs to the same group as the prescribed product, known as a “similar biologic group.” The criteria for inclusion in a “similar biologic group” have yet to be defined by the French healthcare authority (ANSM).
Article 20 of the new Loi de Programmation Militaire has been described as the “French Patriot Act.” It gives the French administration new surveillance powers, allowing it to request content, data and metadata, including geo-location data. This article provides an overview of the key provisions of this new law.
In 2013 the following occurred: New legislation was passed to lighten administrative constraints on the development of wind farms; new rules on loans extended to local authorities have been adopted to limit future exposure of the local public sector; and the French constitutional court ruled that the French legislative cannot adversely affect legitimate expectations without sufficient general interest grounds.