EB
News & events
Producing a document containing trade secrets before Courts in France
A decision handed down by the French Supreme Court (“Cour de cassation”) on 5 June 2024, that has been recently published (Cass. com. 5-6-2024 n° 23-10.954 F-B, Sté Speed Rabbit Pizza c/ Sté Agora), confirms the existing French case law in that, based upon evidence rules, a protected document may be produced in Court.
Trade secrets are protected under the conditions provided in articles L. 151-1 et seq. of the French Commercial code (“Code de commerce”). However, a document protected by trade secrets may be disclosed if this is necessary to prove unfair competition and if the violation of trade secrets is proportionate to the objective pursued.
https://www.legifrance.gouv.fr/juri/id/JURITEXT000049689557
50th anniversary of the ratification by France of the European Convention for the Protection of Human Rights and Fundamental Freedoms
As France celebrates the 50th anniversary of the ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the French Supreme Court (“Cour de Cassation”) hosts on 3 May 2024 a seminar in the presence of the French Minister of Justice: “Les professions judiciaires à l'heure de la Convention” (“The legal professions as the Convention evolves”).
The French Supreme Court (“Cour de cassation”) clarifies the rules upon which lawyers may act before the Judge in charge of asset seizures and recovery (“Juge de l’exécution”)
By a consultation of 25 April 2024, the French Cour de cassation indicates that the rules upon which lawyers may act before a court do not apply to the Judge in charge of asset seizures and recovery (“Juge de l’exécution”). Thus, a French Avocat, wherever their offices are located in France, may act before whichever Judge in charge of asset seizures and recovery (“Juge de l’exécution”) in France, for whatever type of proceedings.
https://www.courdecassation.fr/decision/6629f209dc6faf0009588645
Best Complex Commercial Business Litigator (Europe) 2024
The week couldn’t start any better: I have been granted the award for 2024 of the "Best Complex Commercial Business Litigator (Europe)". I owe this award to my French and international clients and I am thankful for their trust in my handling of their French legal complex commercial cases before the French Courts over the years.
Events
Upcoming events
17 October 2024 - Paris
Chairing and speaking at the conference held in English on the topic “International contracts: best practices and drafting methods”.
https://formation.lefebvre-dalloz.fr/formations/international-contracts-best-practices-and-drafting-methods_12606
Past events
3 October 2024 - Paris
La Nuit du Droit (The Legal Night) – Attending the event "Quel droit pour un monde bouleversé ?" (What law in an unsettled world?") hosted by Paris Place de Droit in Paris Commercial Court.
1 October 2024 - London
Attending “Humanity - The ethical frontier of AI”, an event uniting government and industry leaders to explore critical topics in eDiscovery, data privacy, governance, investigations and AI.
19-20 September 2024 - Paris
Chairing and speaking at the conference held in English on the topic “Termination of commercial agreements”.
https://formation.lefebvre-dalloz.fr/formations/termination-commercial-agreements_44420
3 September 2024 - London
Attending the yearly end of summer event hosted by Women in eDiscovery in London.
4 July 2024 - Paris
Attending the event "Universités d'été de Paris Place de Droit" (Paris City of Law Summer Conference) in the Commercial Court in Paris.
20-21 June 2024 - Paris
Chairing and speaking at the workshop held in French and in English on the topic “Drafting Common Law contracts in English”.
https://formation.lefebvre-dalloz.fr/formations/workshop-drafting-common-law-contracts-english_1767
12 June 2024 - London
Attending the event "Future of litigation: keeping pace with the rapid rate of change" hosted by ALM | LAW.COM.
3 May 2024 - Paris
Attending the seminar “Les professions judiciaires à l'heure de la Convention” (“The legal professions as the Convention evolves”) hosted by the French Supreme Court (“Cour de Cassation”) as France celebrates the 50th anniversary of the ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
25-26 April 2024 - Paris
Chairing and speaking at the conference held in English on the topic "Termination of commercial agreements".
https://formation.lefebvre-dalloz.fr/formations/termination-commercial-agreements_44420
3 April 2024 - Paris
Attending the event "Quel rôle pour les AAI dans les litiges commerciaux ?" ("How can independent authorities be involved in commercial litigation matters?") hosted by APCA, the Paris Bar organisation of business litigation lawyers.
27 February 2024 - London
Attending the event "Churchill v Merthyr Tydfil: is ADR no longer an alternative?" hosted by LexisNexis UK.
News
Previous years:
2023
French case law overturn in the way evidence may be produced in a civil litigation matter In two decisions handed down on 22 December 2023, the French supreme court (“Cour de cassation”) sitting in plenary session has overturned the case law in relation to admissibility of evidence in civil proceedings. From now on, and subject to strict conditions, parties may produce evidence that was obtained unfairly in order for to exercise their rights. Thus, if evidence to one party’s rights may only be obtained unfairly with no disproportionate violation to the opponent’s fundamental rights (such as privacy, quality of arms, etc.), then this piece of evidence is admissible. https://www.courdecassation.fr/toutes-les-actualites/2023/12/22/communique-usage-devant-le-juge-civil-dune-preuve-obtenue-de-facon The French Supreme Court (“Cour de cassation”) tackles the time limit to initiate Court action on the grounds of “hidden defects” (“vices cachés”) In its decisions handed down on 21 July 2023, the French Supreme Court provides awaited and essential insights on the time limit applicable to the Court action on the grounds of “hidden defects" (“vices cachés”). In essence, the Court rules that the 2-year time limit to initiate such legal action may be put on hold when an expert has been Court-appointed. Moreover, this legal action must be initiated within 20 years from the sale of the property in question. https://www.courdecassation.fr/toutes-les-actualites/2023/07/21/communique-vices-caches-dans-quel-delai-laction-en-garantie-peut French decree instating a Code of conduct for Avocats (“Décret n° 2023-552 du 30 juin 2023 portant code de déontologie des avocats”): all in one On 3 July 2023, the French decree instating a Code of conduct for Avocats has entered into force. This Code of conduct incorporates in one place all the sets of rules applicable to French practising independent lawyers (i.e. "avocats"). https://www.efl.fr/actualite/actu_f7f5fb7b6-6546-4daf-8022-a17d1384645d?utm_source=La-quotidienne&utm_medium=email&utm_campaign=QUOT20230911&id_tlm=S0VvMXIEupoI3sxgB421H8kEZQBprv3A63jYPPaNVzI%3D “Most Innovative International Business Law Firm 2023” award Particularly grateful for this “Most Innovative International Business Law Firm 2023” award, and for these lines: “Emmanuelle Beaumes is a seasoned French independent business litigator (Avocate) with extensive experience in a wide range of complex commercial disputes. Emmanuelle practices in France and in the UK and represents her French and international clients before all French Courts. She is a dedicated and passionate lawyer. She is also very much involved with the Paris Bar and other professional organisations which invite her regularly to speak and share her knowledge, skills and views at conferences.” https://www.sme-news.co.uk/winners/emmanuelle-beaumes-3/ Update on the reform of some contracts in French law On 11 April 2023, the report on the reform of some contracts (sale, lease, loan, etc.) was handed over to the French Minister of Justice. More to come. https://www.lemondedudroit.fr/institutions/86812-reforme-droit-contrats-speciaux-remise-rapport-consultations-avant-projet.html
2022
Paris’ leading role in international litigation On 28 October 2022, the newly refurbished International Commercial Court room in Paris has been inaugurated. Since 2018, thanks to the Paris International Commercial Courts, international litigation cases between international businesses are ruled on French soil. These International Commercial Courts are arguably incredibly successful and the now built-in technology takes them to an even higher level in Europe. https://www.tribunal-de-commerce-de-paris.fr/en/chambre-internationale Draft reform of French Contract Law Consultation on the preliminary draft reform of French Contract Law: lawyers have their say! http://www.textes.justice.gouv.fr/textes-soumis-a-concertation-10179/consultation-sur-lavant-projet-de-reforme-du-droit-des-contrats-34548.html Tomorrow’s Justice The French National Congress for Justice 2022 (“Les Etats généraux de la Justice 2022”) considers legal education as a priority. I am very proud to have been raising awareness of legal fundamentals in schools in France and in the UK for 13 years in the name of the Paris Bar. Some legal background, education and an open mind are keys to free choice, critical thinking and success. https://www.justice.gouv.fr/actualites/actualite/etats-generaux-justice “Best UK/France Business Litigator 2022” award Immensely proud and grateful to have been granted for the second year running the award of “Best UK/France Business Litigator” by SME Legal Awards UK 2022. I am incredibly lucky to do a job that I chose at a very early age and to do it on both sides of the English Channel. The greatest package ever. A big thank you to everyone who contributed to this award. https://www.sme-news.co.uk/winners/emmanuelle-beaumes-2/ Sorbonne alumna Proud and honoured to have been selected by La Sorbonne to be involved as an alumna in the international influence and reputation of the university. https://www.pantheonsorbonne.fr/accueil
2021
Onwards and upwards As 2022 is looming on the horizon, I am reaching a double milestone: 15 years of presence in Paris and 10 years of presence in London. 15 years ago, I started my career as a business litigator with an international law firm in Paris. After two other international law firms and the creation of my own private practice in Paris and in London in 2012, I pride myself on having clients who have chosen to follow me and to have a long-standing business relationship with me, instead of letting large firms deal with their matters. Hard work, perseverance and a constant drive to achieve excellence bear fruit. The size of the law practice does not matter. Only people matter. Many thanks to all my clients, French and international, current and future, for their trust and loyalty. Success! Very proud to have contributed, as part of the UK lawyers team, to such an amazing outcome for Perrigo in the dispute that was initiated further to the takeover of Omega Pharma. https://www.brusselstimes.com/news/business/182862/concern-behind-multi-millionaire-marc-coucke-fined-e266-million Women in eDiscovery Thrilled to have been offered to join the very high-profile club of Women in eDiscovery. Many thanks to all the founders and members. https://www.womeninediscovery.org/ “Best Independent International Business Litigator 2021” award Very proud to share that I have been granted just today the “Best Independent International Business Litigator 2021” Award by SME Legal Awards UK 2021. Good work, client care and being born a litigator pays off! https://www.sme-news.co.uk/winners/emmanuelle-beaumes/ Nomination for the SME Legal Awards UK 2021 Absolutely thrilled to learn that I have been nominated for the SME Legal Awards UK 2021. I pride myself on having a flourishing law practice on both sides of the English Channel. A big thank you to all my clients, all my fellow lawyers and all legal professionals with whom I work. https://www.sme-news.co.uk/sme-news-awards/
2020
Success! Glad to have been part of the team of lawyers specialised in cross-border litigation and negotiations who assisted Airbus on a daily basis in this multi-language, complex, sensitive and high-profile investigation. https://www.forensicrisk.com/forensic-risk-alliance-leads-global-forensic-investigation-supporting-the-airbus-e3-6bn-global-settlement/
2019
Expert in Business Litigation Honoured to be listed by Expertes France as an expert in French business litigation practising in France and in the UK. https://expertes.fr/expertes/70751-emmanuelle-beaumes/
2016
My law practice: 10 years in Paris and 5 years in London The French business law practice I founded in Paris in 2006 celebrates this month its 10th anniversary and steps into its 5th year of presence in London as well!
2023
13 December 2023 Chairing and speaking at the conference held in English on the topic “International contracts: best practices and drafting methods”. https://formation.lefebvre-dalloz.fr/formations/international-contracts-best-practices-and-drafting-methods_12606 13 December 2023 Attending the event "Article 145 du Code de procédure civile : bonnes pratiques et pièges à éviter" ("Article 145 of the French Code of civil procedure rules - relating to proceedings seeking the appointment of an expert to assess a technical issue: best practices and pitfalls to avoid") hosted by APCA, the Paris Bar organisation of business litigation lawyers. 11-12 December 2023 Chairing and speaking at the workshop held in French and in English on the topic “Drafting Common Law contracts in English”. https://dalloz-formation.fr/formations/workshop-drafting-common-law-contracts-english_1767 18 October 2023 Chairing and speaking at the conference held in English on the topic “International contracts: best practices and drafting methods”. https://formation.lefebvre-dalloz.fr/formations/international-contracts-best-practices-and-drafting-methods_12606 11 October 2023 Attending the event "Analysing trends: commercial fraud litigation in England and Wales" hosted by the law firm Stewarts in London. 5-6 October 2023 Chairing and speaking at the conference held in English on the topic "Termination of commercial agreements". https://dalloz-formation.fr/formations/termination-commercial-agreements-terminology-and-best-practices_44420 8 September 2023 Chairing and speaking at the conference held in English on the topic “International contracts: best practices and drafting methods”. https://formation.lefebvre-dalloz.fr/formations/international-contracts-best-practices-and-drafting-methods_12606 28 June 2023 Attending the event “Préjudices d’actionnaires – Quels préjudices faire valoir ? Comment les évaluer ?” (Shareholders losses – What can be claimed? How to assess them?) hosted by APCA, the Paris Bar organisation of business litigation lawyers. https://apca-association.com/evenements/a-venir-les-ecueils-de-la-procedure-145/ 26 June 2023 Chairing and speaking at the conference held in English on the topic “International contracts: best practices and drafting methods”. https://formation.lefebvre-dalloz.fr/formations/international-contracts-best-practices-and-drafting-methods_12606 22-23 June 2023 Chairing and speaking at the workshop held in French and in English on the topic “Drafting Common Law contracts in English”. https://dalloz-formation.fr/formations/workshop-drafting-common-law-contracts-english_1767 23 May 2023 Attending the expert workshop on “L’automatisation de la gestion contractuelle et de la gestion de documents juridiques” (the automation of contracts and legal documents management) hosted by the Paris Bar. 22 May 2023 Attending the event “Les enjeux de l’IA pour les LegalTech et les professionnels du droit” (The AI challenges for legal technologies and legal professionals) hosted by Paris I Panthéon-Sorbonne. 24-25 April 2023 Chairing and speaking at the conference held in English on the topic “Termination of commercial agreements”. https://dalloz-formation.fr/formations/termination-commercial-agreements-terminology-and-best-practices_44420 8 March 2023 Attending the event “Le pourvoi en cassation” (Appeal before the French Supreme Court) hosted by the Paris Bar School. 24 February 2023 Chairing and speaking at the conference held in French and in English on key sensitive clauses in international contracts governed by French, UK and US laws. https://formation.lefebvre-dalloz.fr/formations/intellectual-property-general-principles-and-strategy_12616
2022
6-7 October 2022 Chairing and speaking at the conference held in English on the topic “Termination of commercial agreements”. https://dalloz-formation.fr/formations/termination-commercial-agreements-terminology-and-best-practices_44420 5 October 2022 Speaking about the legal profession in the event hosted by the Paris Bar “L’Avocat dans la cité”. https://www.avocats.paris/avocatcite2022 23-24 May 2022 Chairing and speaking at the conference held in English on the topic ”Termination of commercial agreements”. https://dalloz-formation.fr/formations/termination-commercial-agreements-terminology-and-best-practices_44420 17 May 2022 Attending the event “Lugano – A lost opportunity?” co-hosted by Gray’s Inn and The City of London Law Society. https://www.graysinn.org.uk/events/grays-inn-and-the-city-of-london-law-society-annual-lecture/ 7 April 2022 Attending the conference on the practice of appeal proceedings (“La pratique des procédures d’appel”) hosted by AJFR. 15 March 2022 Attending The Annual Lecture in Dispute Resolution that will be held at Queen Mary University of London. Proud to be a QMUL alumna. https://www.qmul.ac.uk/law/events/items/the-school-of-international-arbitration-annual-lecture-in-dispute-resolution.html 18 January 2022 Attending the Opening Lecture of the LLM jointly set up by La Sorbonne and Queen Mary University of London.
2021
5 November 2021 Speaking in French about international contracts and proceedings between France and the UK at the event « Les Ateliers Omnidroit d’Avignon ». https://dalloz-formation.fr/formations/brexit-quels-impacts-juridiques-sur-vos-relations-contractuelles_44816. 6 October 2021 Very proud that the Paris Bar reaches out to me for my expertise: I will be speaking this morning at the event “L’Avocat dans la cité” about practising as an Avocate. https://www.avocats.paris/avocatcite2019 12 March and 9 April 2021 Chairing and speaking at the conference held in French on “Brexit: quels impacts juridiques sur vos relations contractuelles ?” (What impacts on your contractual relationships?). https://dalloz-formation.fr/toutes-nos-formations
2020
15, 22 and 29 September 2020 Honoured to share that the French legal publisher Dalloz has offered me again to speak in English on a highly topical French legal theme “Disturbing events affecting the course of commercial agreements”. With Brexit looming on the horizon and the pandemic of Covid-19, the performance of international commercial agreements has faced and will face difficulties. https://dalloz-formation.fr/webformation-disturbing-events-affecting-course-commercial-agreements-legal-provisions 5 June 2020 Looking forward to speaking in French at the Dalloz conference about the topical theme “Se préparer au Brexit : quels impacts sur les relations contractuelles ?” (Getting ready for Brexit: what impacts on your contractual relationships?). This conference will focus on the transition period that started on 31 January 2020. I will be speaking about the key issues such that companies may anticipate their France-UK relationships as best as possible: current and future agreements, negotiations, maintaining and building business relationships, current and future litigation cases and proceedings, enforcement of Court decisions handed down on both sides of the English Channel, etc. I will be speaking at another conference to be scheduled later in time once an agreement is entered into between the European Union and the UK, and once Brexit has been effectively implemented.
2018
20 November 2018 Chairing and speaking at the conference held in English about negotiations, contract law and business litigation before French Courts.
2016
June 2016 Very pleased and honoured to have been invited by the Prime Minister of Kyrgyzstan to participate to the diplomatic mission ”EU Central Asia Rule of Law Platform” aimed at promoting reform and good governance in judicial systems in Central Asia. I had the privilege to work, as an expert in international and comparative law, with the Chairwoman of the Kyrgyz Bar and a team of local lawyers. I also spoke to the press, on behalf of the Paris Bar and the Paris and the London sections of the French non-profit organisation InitiaDroit. Memorable time and very rewarding experience.