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Our latest news

Publication by AFA of its Practical Guide on the prevention of conflicts of interest in companies

30/11/2021

Publication by AFA of its Practical Guide on the prevention of conflicts of interest in companies

On November 18, the French Anti-Corruption Agency (“AFA”) published the final version of its Practical Guide on the prevention of conflicts of interest in companies, which had previously been submitted for public consultation.

This Guide, aimed at companies and industrial and commercial public entities, their managers and compliance professionals, is intended to help the latter identify risk situations and choose the most appropriate measures in order to prevent and manage them.

The Guide, which proposes a definition of conflicts of interest ("The existence of a personal interest whose interference with the function performed within an entity is such as to influence, or appear to influence, the objective and independent performance of the function on behalf of such entity") is illustrated by various good practices observed by AFA during its missions.

 #AFA #compliance #conflictsofinterest

Watch out for the purpose of surveillance devices!

23/11/2021

Watch out for the purpose of surveillance devices!

In a decision of November 10, 2021, the French Supreme Court reminds us that it is forbidden for the employer to divert technical tools from their intended purpose in order to monitor employees’ activity. 

In order to prove the existence of serious misconduct, the employer filed a CCTV extract before the Employment Tribunal and later before the Court of Appeal.

The employees had been informed of this system and of the fact that it was intended to ensure the security of goods and persons.

This information was deemed insufficient.

For the French Supreme Court, it was up to the employer to inform its employees that the CCTV also enabled him to collect and use personal information.

Let’s guess that this solution will soon be transposed to home office IT tools.

#employmentlaw #CCTV 

Publication of the “Rocher Report” : concrete proposals for committed companies !

16/11/2021

Publication of the “Rocher Report” : concrete proposals for committed companies !

Commissioned by the French Minister of the Economy, Finance and Reflation, Bruno Le Maire and the Secretary of State in charge of the Social, Solidarity and Responsible Economy, the Rocher Report aims to assess the results of the Law n°2019-486 of May 22, 2019 on Action Plan for Business Growth and Transformation (“Loi Pacte”) while making a prospective analysis.

The Report sets out clearly the reasons of obstacles impeding the use by companies of the Loi Pacte : while some have taken the plunge by adopting a raison d’être, and even, for a few, the label “company with a mission” (“société à mission”), many do not perceive the benefits offered by these provisions, but do identify the constraints.

14 proposals are developed following three main lines of action:

   Spreading the word: several leverages can be used in order to ensure the widest possible implementation of the new measures resulting from the Loi Pacte;

   Giving credibility: the alleged risk of “purpose washing” requires to give credibility to the raison d’être and the société à mission provisions;

   Looking to the future: removing the barriers of the development of the sustainability fund (“fonds de pérennité”), enshrining the obligation to take into consideration social and environmental issues at the European level and encouraging all European companies to adopt a raison d’être and move towards an integrated accountancy.

 Some statistics :

   Out of the 120 companies of the SBF 120, 1 is a société à mission, 9 have a raison d’être and 5 have a preamble to their bylaws (55 with an extrastatutory raison d’être);

   As of the date of the Report, 206 sociétés à mission have been created in less than two years, 70% of them by companies with less than 50 employees.

 #responsibleeconomy #PacteLaw #RocherReport

U.S. Department of the Treasury Releases Sanctions Review

09/11/2021

U.S. Department of the Treasury Releases Sanctions Review

The U.S. Department of the Treasury has recently published its 2021 Sanctions Review, a Report focusing on the challenges facing U.S. policy on economic sanctions.

While the Report reiterates the success of such sanctions in defending the national security, it emphasizes the need to evolve the sanctions due to new challenges (notably the distrust of foreign economic actors towards the US dollar or the development of cryptocurrencies).

The Report lists five recommendations:

•    Adopting a structured policy framework that links sanctions to a clear policy objective;

•    Incorporating multilateral coordination with US allies, where possible, in order to reinforce sanctions’ impact;

•    Calibrating sanctions to mitigate potential unintended economic, political and humanitarian impact;

•    Ensuring sanctions are easily understood, enforceable and adaptable, including greater cooperation with the private sector; and

•    Investing in modernizing Treasury’s sanctions technology, workforce and infrastructure.

It will be interesting to see how these recommendations will be implemented by US authorities, especially the will to develop coordination with US allies in order to harmonize their respective sanctions.

#OFAC #economicsanctions #internationalsanctions #compliance

Reversal of the French Court of Cassation’s case law: the application for registration of a trademark cannot be qualified as an act of infringement

02/11/2021

Reversal of the French Court of Cassation’s case law: the application for registration of a trademark cannot be qualified as an act of infringement

In two decisions handed down on October 13, 2021, the French Court of Cassation ruled that, in the absence of any commencement of commercialization, the act of filing does not constitute an act of use for goods and services and does not undermine the trademark's function of guaranteeing identity of origin. 

If these conditions, which are necessary to characterize an act of counterfeit, are not met, the application for registration of a trademark, as well as its registration, cannot therefore be incriminated on this basis.

The Court of Cassation thus makes a long-awaited reversal of its previous case law, in order to comply with the interpretation of the Court of Justice of the European Union.

Com. 13 oct. 2021, FS+B, n° 19-20.504 

Com. 13 oct. 2021, FS-D, n° 19-20.959

#intellectualproperty #reversal #trademark

The employer is not obliged to reimburse the cost of virological tests to employees

26/10/2021

The employer is not obliged to reimburse the cost of virological tests to employees

As of 15 October 2021, virological tests are no longer systematically reimbursed. The "Questions and Answers" of the Ministry of Labour now specifies that the cost of virological tests does not constitute professional expenses.

 

The employer will therefore not be obliged to reimburse these costs to employees who request it.

 

It should be noted that this solution applies to all companies, even those whose activity requires their employees to have a “COVID Pass”, either on a permanent or occasional basis.

 

The administration thus provides a clear answer to a question that many employers have been asking themselves since this summer.

 

Find here the complete list of the "Questions and Answers" of the Ministry of Labour.

 

#labourlaw

Compliance in M&A Transactions

19/07/2021

Compliance in M&A Transactions

Thibault Guillemin interviewed by Dalloz Formation on Compliance in M&A Transactions : a Practical Focus Both on AFA's Last Guidelines and the French Supreme Court's Last Ruling.

#lawyer #compliance #mergers #acquisitions #AFA #whitecollar #France

 

ÉLÈVE-AVOCAT / DROIT SOCIAL

02/06/2021

ÉLÈVE-AVOCAT / DROIT SOCIAL

Septembre 2021

Présentation de l'entreprise

Guillemin Flichy fournit aux entreprises une prestation juridique à forte valeur ajoutée sur tous leurs projets d’investissements et d’innovation, leurs dispositifs de compliance, ainsi que dans le cadre de leurs contentieux.

 

Profil recherché

Vous êtes élève avocat et/ou titulaire d’un Master 2 spécialisé en droit social, idéalement complété d'une double formation (LLM, IEP ou école de commerce). Une excellente pratique de la langue anglaise est indispensable. Capable d'une rédaction rigoureuse, concise et argumentée, vous serez également apprécié(e) pour votre culture juridique de haut niveau, votre pragmatisme et votre enthousiasme à l'idée d'effectuer un stage au sein d’une structure dynamique et entrepreneuriale.

 

Descriptif du poste

Vous interviendrez sur des dossiers de conseil et de contentieux pour une clientèle institutionnelle de premier plan, sur des problématiques juridiques variées, en lien avec les autres équipes du cabinet (IP/IT, commercial, public et pénal).

 

Candidature à envoyer soit à l'adresse recrutement@guilleminflichy.com, soit directement sur notre site internet