Publications
Legal scholarship and case law analysis.
The firm publishes regularly in order to remain at the forefront of criminal defence, particularly in digital evidence litigation and transnational criminal litigation connected to organised crime. These publications extend a practice in which command of the most recent developments in case law is a condition of an effective defence: the legality of evidence derived from encrypted platforms, judicial review of international judicial cooperation, the effectiveness of remedies before courts hearing evidence gathered abroad, and the protection of cultural property against organised crime.
Criminal law and criminal procedure
E-Evidence Regulation and Criminal Judicial Cooperation: First Observations for the Defence
Full English version. First published, in French, in Le Village de la Justice: French original
A practical, condensed companion piece to the study below: five immediately actionable points for the defence facing European Production Orders, a close reading of Article 18 of the Regulation and the question of the competent forum, and the bearing of the Sky ECC litigation on standing.
From the Sky ECC litigation to the e-Evidence Regulation: towards a new European law of digital evidence
Study published on zekkouti-avocat.com — 30 July 2026
Regulation (EU) 2023/1543, applicable from 18 August 2026, allows a judicial authority to order the production of traffic or content data directly from a foreign service provider. The study establishes that the three supports on which the European Court of Human Rights founded, in October 2024, a finding of effective remedy in the EncroChat litigation no longer survive under the new instrument, and examines the litigation which that disappearance foreshadows. Version française.
Sky ECC litigation, transnational digital evidence and effective remedy: the Cour de cassation refers a question to the Court of Justice of the European Union
Le Village de la Justice, criminal law section — Expert (in French)
An analysis of the judgment of 16 September 2025 (Cass. crim., no. 24-84.262, FS-D) by which the Criminal Chamber stayed proceedings and referred a question to the Court of Justice. By identifying a jurisdictional void affecting persons prosecuted abroad on the basis of data collected in France, the decision questions mutual trust as a sufficient basis for the circulation of evidence under Article 47 of the Charter.
Organised crime and works of art: criminal law issues and protection strategies for professionals
Le Village de la Justice, criminal law section — Expert (in French)
The work of art as a medium of exchange and an instrument of financing or laundering. The article argues that museums, galleries and auction houses must adopt a due diligence strategy combining traceability, contractual documentation, insurance compliance and judicial cooperation.
Computer data capture and the dilution of procedural safeguards in the Sky ECC era
Le Village de la Justice, criminal law section — Expert (in French). On Cass. crim., 7 January 2025, no. 24-81.941
Computer data capture may include location data, while the objection of mass surveillance is set aside. A wholesale seizure of digital data emerges, in which the technical purpose tends to prevail over procedural safeguards.
The failed Notre-Dame attack: no one may be committed for trial on facts for which they have not been placed under formal investigation
Le Village de la Justice, criminal law section — Expert (in French)
Criminal proceedings: an overview
Le Village de la Justice, criminal law section — Expert (in French)
Misuse of corporate assets, corruption and money laundering: recent developments in white-collar criminal law and procedure
Le Village de la Justice, criminal law section (in French)
White-collar crime, financial and securities law
Threshold crossing and concert action: on the powers of the general meeting's officers to suspend voting rights
Revue Lamy droit des affaires, November 2018, no. 142, p. 40 (in French)
The New York Court of Appeals' restrictive approach to the extraterritoriality of US securities rules: the In Re Petrobras Securities case
Bulletin Joly Bourse, March–April 2018 (in French)
The investigative and sanctioning powers of the AMF: on the restrictive conception of the rights of the defence
Revue Lamy droit des affaires, October 2017, no. 130, p. 50 et seq. (in French)
Home searches and seizures in tax, economic and financial matters: state of play
Revue Lamy droit des affaires, October 2017, no. 130, p. 39 (in French)
Restrictive competition practices and arbitration: on the arbitrability of claims for compensation following the termination of commercial relations
Revue Lamy de la concurrence, February 2016, no. 47, p. 46 et seq. (in French)
Restrictive competition practices and corporate groups: assessing the notice period upon termination of a commercial relationship
Revue Lamy droit des affaires, February 2016, no. 112, p. 12 et seq. (in French)
The "Newman" case: the New York Court of Appeals loosens the liability of remote tippees in the United States
Bulletin Joly Bourse, January 2016, no. 1, pp. 5–11 (in French)
On the liability of a bank for failing to value assets held in a share savings plan (PEA)
Revue Lamy droit des affaires, no. 107, p. 22 et seq. (in French)
On the assumption of risk in liability for the acts of things and on subrogation in an insurance context
Lamy Assurances, news bulletin no. 229 (in French)
US securities proceedings: the New York Court of Appeals confirms the settlement reached by Bank of America in a class action
Bulletin Joly Bourse, May 2015, no. 4, p. 218 et seq. (in French)
Suspension of voting rights and contested concert action: the lack of jurisdiction of the general meeting's officers
Revue Lamy droit des affaires, April 2015, no. 103, pp. 10–13 (in French)
Mandatory tender offers with connected elements: confirmation of the multi-criteria approach and clarifications on the terms of the offer
Revue Lamy droit des affaires, March 2015, no. 102, p. 29 (in French)
The extraterritoriality of US securities rules in the post-Morrison era: a twofold confirmation that raises questions
Bulletin Joly Bourse, January 2015, no. 1, p. 19 (in French)
International securities litigation and the extraterritoriality of US law: "Morrison still"
Bulletin Joly Bourse, December 2014, no. 12, p. 594 (in French)
BNP Paribas sanctioned in the United States: the "dollar privilege" and extraterritoriality
Lexis 360 Entreprises (in French)
Doctoral thesis
Financial law and competition. A contribution to the study of competitive specificity in financial markets
Doctoral thesis, Université Jean Moulin Lyon III, defended on 18 December 2014 (in French)
While competition law is intended to govern financial markets as the general law, financial law has itself taken on the task of securing its own competitive interests. Overturning traditional monopolies, it organises competition on the markets and, on the model of the general law, protects that competition — with transparency playing a central role.