June 23, 2021

Organization of scientific events

Co-organization of the colloquium "The Firm instituted as prosecutor and judge of itself by Compliance Law (L'entreprise instituée Tribunal par le Droit de la Compliance)"

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This scientific manifestation is placed under the scientific responsibility of Marie-Anne Frison-Roche and Jean-Christophe Roda. It is organized by the Journal of Regulation & Compliance (JoRC) and the Centre de Droit de l'Entreprise of Lyon 3 University.  

It is the fourth colloquium of the cycle of colloquia organized in 2021 around the general topic of Juridictionnalization of Compliance.

 

   

 

The different interventions will be then transformed into contributions in the books La juridictionnalisation de la Compliance and Compliance Juridictionnalization  which will be published in the Regulation & Compliance serie, jointly published by the JoRC and Dalloz for the book in French and by JoRC and Bruylant for the book in English. 

This colloquium will take place in Lyon 3 on 23rd of June 2021 with a limited audience. It will also be broadcasted in live on Zoom

To register: https://zoom.us/webinar/register/8516215084724/WN_GoQ25I7pRoKhHuGomVMxYw 

 

Presentation of the topic: Initially, it was through Criminal Law, inseparable from the trial, which forced companies to take charge of monitoring within themselves behavior likely to be deviant, the requirement of Ex Ante to be designed by the 'Ex Post of the jurisdictional. From this reversal of things, there has always remained this presence of the judge and the prosecution bodies in a Compliance Law which is nevertheless defined by its concern for the future and the Ex Ante tools within the company.

In doing so, the company becoming on the one hand a judge of itself, on the other hand a prosecutor of itself, it splits up, taking in reverse the most established procedural principles. Moreover, because of the monumental goals which constitute Compliance Law, companies become attorneys and judges of the others, or for the others, the cutting machines and the "supreme courts" being by name instituted to regulate in Ex Ante all different before that it does not become litigation. The Ex Ante of Compliance would then make the Ex Post disappear.

Method: 

The colloquium which had to take place initially on 8th of April has been postponed to 23rd of June to enable speakers to meet and talk in face to face, with a limited audience. 

These exchanges will be captured so that third parties can benefit from them, even before the publication of the works, La Juridictionnalisation de la Compliance and Compliance Juridictionalization, within which this work constitutes the basis for the development of a specific chapter.

Five practical cases will first be examined in five specific sectors, where this institution of the firm as prosecutor and judge of itself is particularly observable before both specific and more cross-sectoral themes are examined and discussed.

 

Will speak :

🎤Luc-Marie Augagneur, attorney before Lyon Court of Appeal, CVS Law Firm

🎤Alexis Bavitot, senior lecturer at Lyon 3 University 

🎤Alain Bruneauchief compliance officer at Natixis

🎤Jean-Marc Coulon, Head of Legal Infrastructure at Bouygues Construction

🎤Marie-Anne Frison-Roche, director of the Journal of Regulation & Compliance (JoRC)

🎤Cécile Granier, senior lecturer at Lyon 3 University 

🎤Xavier Hubert, director of Compliance at Engie

🎤Jérémie Jourdan-Marques,  professor at Lyon 2 University

🎤Jérémy Heymann, professor at Lyon 3 University

🎤Daphnée Latour, attorney before Paris Court of Appeal 

🎤Christophe Lapp, founding partner of Altana law firm

🎤Samir Merabet, senior lecturer at Lyon 3 University 

🎤Béatrice Oeuvrard, Public Policy Manager at Facebook France

🎤Jean du Parc, Bâtonnier 

🎤Jean-Christophe Roda, professor at Lyon 3 University and director of the Centre de droit de l'entreprise (Center of Company Law)

🎤Jean-Baptiste Siproudhis, director Ethics, Integrity and CSR at Thalès

The firm 

instituted as prosecutor and judge of itself

by Compliance Law 

Lyon 3 Law School

site des Quais

salle de la Rotonde

 

9.30 am. Introductive words

by Jean-Christophe Roda, professor at Lyon 3 University and director of the Centre de droit de l'entreprise (Center of Company Law)

 

I. SECTORAL APPREHENSIONS OF THE FIRM, INSTITUTED AS PROSECUTOR AND JUDGE OF ITSELF 

9.35 am. The way building sector firms organize and behave 

by Jean-Marc Coulon, head of legal infrastructure at Bouygues Construction and Christophe Lapp, founding partner of Altana law firm

10.15 am. The way energy sector firms organize and behave 

by Xavier Hubert, director of Compliance at Engie

10.35 am.The way digital sector firms organize and behave

by Béatrice Oeuvrard, public policy manager Facebook France 

10.55 am. The way firms organize and behave. Feedbacks from practice

by Jean-Baptiste Siproudhis, director ethics, integrity and CSR at Thalès

11.15 am. The way banking sector firms organize and behave

by Alain Bruneau, chief compliance officer Natixis

 

11.35 am - 12.35 pm. Discussion between speakers, animated by Jean-Christophe Roda, professor at Lyon 3 University and director of the Centre de droit de l'entreprise (Center of Company Law)

 

II. THEMATIC APPREHENSIONS OF THE FIRM, INSTITUTED AS PROSECUTOR AND JUDGE OF ITSELF  

 

FIRST GENERAL TOPIC : MAKE WORDS AND THINGS COINCIDATE

2 pm. Firm's case law

by Cécile Granier, senior lecturer at Lyon 3 University 

2.20 pm. The legal nature of the so called Facebook "Supreme Court"

by Jérémie Heymann, professor at Lyon 3 University

2.40 pm. Being vigilant between judging and not judging

by Samir Merabet, senior lecturer at Lyon 3 University 

3 pm. The judge-judged / Overcome conflicts of interest

by Marie-Anne Frison-Roche, director of the Journal of Regulation & Compliance (JoRC)

 

SECOND GENERAL TOPIC : FIND THE APPROPRIATE WAYS TO DO IT

3.30 pm.How the company can (and should) investigate

by Daphné Latour, attorney before Paris Court of Appeal 

3.50 pm.The use of arbitration within company groups

by Jérémie Jourdan-Marques, professor at Lyon 2 University and Jean du Parc, former president of the Bar - honorary lawyer - arbitrator, mediator, honorary president of Droit & Commerce and ACE

4.30 pm.Judging others: when the company investigates, makes decisions and sanctions its business partners

by Jean-Christophe Roda, professor at Lyon 3 University and director of the Centre de droit de l'entreprise (Center of Company Law)

4.50 pm.The shaping of the company by deals with the DoJ

by Alexis Bavitot, senior lecturer at Lyon 3 University and Daphné Latour, attorney before Paris Court of Appeal 

5.30 pm. Reputational treatment by and on the platforms

by Luc-Marie Augagneur, attorney before Lyon Court of Appeal, CVS Law Firm

 

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