Trade secrets have become a central competitiveness issue In a highly competitive digital economy, a company’s strategic data often represent a key asset: client files, know-how, commercial data, technical processes, source codes, development strategies or sensitive financial information. Law No. 2018-670 of 30 July 2018, implementing...
(CA Versailles, 6 December 2022, No. 21/00916) Retaining profits within the company is not necessarily unlawful Under French company law, majority shareholders enjoy broad managerial discretion regarding the allocation of profits. A company may therefore legitimately decide to retain all or part of its earnings as reserves...
Applicable Law Article L. 442-1 II of the French Commercial Code penalizes any sudden termination of established commercial relationships without written notice that takes into account, notably, the duration of the commercial relationship, with reference to trade practices or interprofessional agreements, as well as the pricing...
Article 297(1) TFEU states that “Legislative acts shall be published in the Official Journal of the European Union. They shall enter into force on the date specified therein or, in the absence of such a date, on the twentieth day following their publication.” A judgment of...
08/14/2025By Thierry CLERC - CLERC AVOCATSThe introduction of 15% tariffs risks upsetting the balance of contracts already signed, in progress or to come. The July 27, 2025, US–US-EU trade agreement imposes a 15% tariff on most EU exports to the US (cars, pharmaceuticals, semiconductors), while...
Balancing the rights of the surviving spouse with the children’s inheritance reserve is a central issue in inheritance law. The Civil Code secures a minimum share for children while granting spouses specific rights through interspousal gifts. Tensions arise when the spouse’s share seems to diminish...
Contract negotiations always end with the dispute clause, and each party seeks to apply its applicable law and retain the jurisdiction of its country. Each party has its own general terms and conditions of purchase or sale, which set out the conditions in this regard. In the...
As in all international inheritance cases, the place of residence of the deceased determines the applicable law, except for real estate. In this case, the deceased was resident in the US and owned a house in France. The inheritance declaration must be made in France for the...
The embargo on Russia, Iran, and Cuba has consequences for international contractual relations due to the prohibitions imposed. Definition of embargo The term « embargo » refers to non-armed measures such as the interruption of economic and diplomatic relations (UN Charter, Art 41). Article XXI of GATT 1947...
This type of case requires a good knowledge of the applicable legal matters but also, as in any conflict, the search for non-legal arguments that can be used to exert sufficient pressure to reach a negotiation if possible. Putting yourself in a position of strength often...