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French Corporate Environment Not So Whistleblower-Friendly

Client Alert | 1 min read | 01.09.06

It appears that the French government has a very different philosophy from that of the U.S. government when it comes to employee whistleblowers. As the attached article (http://www.crowell.com/pdf/Newsroom/ DataProtection_Dhont.pdf) discusses in depth, far from seeking to encourage and reward whistleblowing, French law is affirmatively concerned that the practice may abuse individuals' privacy and data-protection rights, with the result that in the past year, French regulators and courts have struck down Sarbanes-Oxley-inspired efforts by several American companies to implement ethics hotlines for their French employees, and the most recent French regulatory guidance permits such hotlines only under limited circumstances, and with appropriate safeguards to prevent defamation and protect privacy.

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Client Alert | 7 min read | 01.05.26

Consideration of Artificial Intelligence in Arbitration Terms of Reference

As artificial intelligence (AI) continues to evolve and integrate into various aspects of legal practice, counsel and arbitral tribunals drawing up their Terms of Reference (TOR) establishing the terms of the dispute being referred to arbitration and also formulating their procedural orders should consider the implications of AI. This client alert highlights the importance of addressing AI in TOR negotiations and provides an overview of likely topics international arbitration practitioners can expect to treat in TORs and procedural orders....