Frédéric Lalance, Office Leader of the Orrick Paris office, is also the Head partner of the Paris Litigation Group. He focuses on commercial, corporate, banking, and merger and acquisition related disputes before the French courts, as well as arbitration and alternative dispute resolution.
Recognized by Chambers & Partners as a top
litigator in France, Frédéric Lalance is praised by clients for being “a very sharp and intelligent lawyer” and “able to
take a quick overview of situations and creative in finding new solutions." He has been involved in many of the highly
publicized corporate cases over the past few years. He notably advised CDR on
the Executive Life Matter and recently successfully argued, before the French
Court, the Asian Development Bank’s absolute immunity from jurisdiction as
an international institution.
On the international
scene, Frédéric Lalance has a broad experience advising and representing French
and foreign clients on multi-jurisdictional matters. He has also experience in
Africa, where he currently represents several players in the mining industry in
shareholders’ disputes related to joint ventures agreements.
Frédéric’s wide range
of expertise also includes international investigation and compliance, as well as
Internet fraud litigation.
Frédéric Lalance was a Litigation partner at the premier
French boutique Rambaud
Martel before it combined with Orrick’s global platform in 2006. Frédéric previously
served at Cleary Gottlieb, Steen & Hamilton LLP.
Can trade secret owners secretly petition a court to seize property from a competitor that they suspect of stealing trade secrets? In the United States, the answer is: “Not yet.” This is one of the issues that Congress is considering as it debates a myriad of proposed trade secret reform bills. But in France, ex parte seizure orders have been available for some time and can be a powerful tool for trade secret owners to preserve the status quo and prove a case of trade secret misappropriation.
In France, companies that suspect a competitor has stolen its trade secrets can bring an action for unfair competition before the “Tribunal de Commerce,” or Commercial Court. In these types of cases, trade secret owners can allege that their competitors are unfairly benefitting from the plaintiff’s research and development efforts. Although discovery in France is limited, Article 145 of the French Code of Civil Procedure can help plaintiffs obtain the necessary evidence through a pretrial investigative measure known as a “référé in futurum.” READ MORE
If your trade secrets get stolen in France, what protections would you have? Most U.S. trade secret lawyers don’t have occasion to consider trade secret laws outside the United States, but there’s a whole world beyond the Uniform Trade Secrets Act! Other countries also recognize the value of trade secrets and have taken steps to protect them.
For the first time in France, the National Assembly adopted a bill aimed at criminal sanctions for trade secret disclosure. This bill, called the “Proposition de loi visant à sanctionner la violation du secret des affaires,” recognizes that the financial value of a company depends more and more on ideas, know-how, and trade secrets that give companies an edge over their competitors. The bill imposes penalties of up to three years’ imprisonment, individual fines of up to €375,000 and corporate fines up to €1.875 million for the disclosure of trade secrets. These penalties aren’t as stiff as the U.S.’s Economic Espionage Act, which was recently amended to increase individual fines up to USD $5 million and corporate fines up to USD $10 million or three times the value of the stolen trade secret to the organization READ MORE