CASE COMMENTS : PROCEDURE - SEARCH AND SEIZURE OPERATIONS – SEIZURE OF ELECTRONIC DOCUMENTS – ATTORNEY PRIVILEGED DOCUMENTS – RIGHTS OF DEFENSE

Professional Secrecy: The Cour de cassation quashes five decisions of the First President of the Paris Court of Appeals for failing to annul the seizure of attorney client privileged documents and rules that the rights of the companies were breached at the moment of the seizure of these documents irrespective of their subsequent restitution (Medtronic France ; Alain X ; Saint Gobain Isover ; Syndicat national des fabricants d’isolants en laines minérales manufacturées ; Biotronik France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Criminal Code, April 24, 2013, Société Alain X, No. 12-80332. Criminal Case, April 24, 2013, Saint Gobain Isover, No. 12-80335. Criminal Code, April 24, 2013, National Union of Manufacturers of Insulation of Manufactured Mineral Wool Insulation, No. 12-80336. Criminal Records, 24 April 2013, Société Biotronik France, No. 12-80346. It was believed that the mass was definitively said at the national level concerning the global seizure of electronic mail, including when it contains documents covered by the secrecy of correspondence between a lawyer and his client. And yet, in five rulings dated 24 April, the Court of Cassation undoubtedly undermined this

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Professional Secrecy: The Cour de cassation quashes five decisions of the First President of the Paris Court of Appeals for failing to annul the seizure of attorney client privileged documents and rules that the rights of the companies were breached at the moment of the seizure of these documents irrespective of their subsequent restitution (Medtronic France ; Alain X ; Saint Gobain Isover ; Syndicat national des fabricants d’isolants en laines minérales manufacturées ; Biotronik France), 24 April 2013, Concurrences N° 3-2013, Art. N° 53909, p. 147

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