text:
CLOSING COSTS INCLUDED FOR ALL Buy It Sell It Win It Items!!
Number of Bids on item: 1
459999 bids remaining!Login to Buy
Includes: Main House, Kings Suite & Separate "Cottage"
The property is located high on the island's western hills, last house at the end of newly paved government road, gated driveway, in a very private, quiet, safe, secure, and stable neighborhood. The house is situated within 1000 acres of undeveloped, wild and natural tropical forest. Well protected from hurricanes and tropical storms.
Located at the end of Rainbow drive this property is lovingly referred to as "the house at the end of the rainbow."
This recently re-designed and completed, "open design" house is the owner's residences portion of a private gated multiple resident complex. Enter into the courtyard, through high walls that enclose a private ceramic tiled entry patio to electronic keyless door security, over elevated wooden porches & decks, landscaped terraces, mangos, banana, oranges, coconuts & exotic flowering trees, songbirds, fruit-bats, deer, iguana and lively geckos. Uniquely designed, nicely/recently furnished, and well built. Open floor plan within beam vaulted ceilings, solid cypress plank walls, ceiling fans everywhere, high efficient CFL and LED fixtures throughout, imported Italian porcelain tile flooring. Fantastic ocean views through custom designed full-opening tinted glass windows that over-look the great sunsets, the ocean, the forest and peaceful moonsets into the Caribbean Sea.
There are 4 nice bedrooms (1 king, 1 queen, 1 twin, 1 bunk-bed,), 2 full tile baths, plus additional guest sleeping areas (can sleep up to 11 comfortably). Newly designed large custom "Baltic brown" granite and stainless steel "cooks" kitchen with eating counter, separate large dining area with seating for 6, spacious open living room with multiple "Crate & Barrel" style sofas, two large wooden cocktail tables, twin modern leather casual chairs with ottomans, large round "gaming" table with sofa and stools, and a very usable ocean-view private office with glass topped desk, filing cabinet and a very comfortable desk chair.
Large and private king master suite with a mahogany 4 posted ultra deep pillow top bed, mirrored dresser, and custom in-suite tile bathroom, "rain shower" with hand spray, large his/hers aromatic cedar lined closets. Multiple air conditioning split systems, stainless steel gas range w/oven, stainless steel side by side refrigerator w/ice maker-through door services and a stacked King capacity washer / gas dryer, 4 burner gas BBQ on main patio, many large closets, lots of storage areas, built in bookshelves, etc.
This house has about 2000 sq. ft. of very livable area overlooking the Caribbean Sea, and the Frederiksted west end beaches.
A king bedroom with a full 4 piece bathroom, nicely and uniquely furnished. Very few apartments have a full size bathtub on the island. This king sized efficiency apartment is for lease, short or long term at the edge of the island's "rain forest", with fantastic Caribbean Sea and pastoral views!
This is the smallest apartment (750ft sq) of a large private multiple housing complex.
There is a private entrance through a covered and enclosed porch, electronic keyless door lock system, access to mangos, papaya, banana, oranges, coconuts & exotic flowering trees, birds, bats, deer, and iguanas.
Concrete construction with solid clear cypress plank ceilings, fans in every room, energy efficient CFL fixtures throughout, ceramic tile flooring, wonderful ocean views, great sunsets, late night moonsets, high up in the hills, and at the end of recently paved government road, gated driveway.
There is a tropical designed king size bed with twin night stands, matching 6 drawer dresser, very large bathroom with full tub/shower, double size vanity and large clothes closet with multiple shelves, a simple island style tiled counter kitchen, matching tile work space, under-counter wine/beer-beverage refrigerator, a tropical designed glass dining table with cushioned rattan chairs for the eating area, living room with comfortable futon, coffee table and solid hardwood rocking chair, plus a very usable porch with outdoor furniture overlooking the ocean and forest below. The futon will easily convert into an extra bed for a guest or two.
Storage or pantry area, built in bookshelves, etc. There is a special shelf on the outside porch designed for those smaller portable gas BBQ's!
This energy efficient apartment also has full air conditioning, 4 burner propane gas stove with oven, frost free refrigerator/freezer with ice maker, and use of a common area King-plus capacity washer and propane gas dryer.
There is also a very unique rooftop gazebo with more fantastic ocean and forest views just for this unit!
Mountain side 1 bedroom 1 bath apartment at the ocean edge of the "St Croix Rain Forest". Gated property, very private, quiet, safe, & secure.
Uniquely designed, neatly kept and fully furnished. Air conditioned and carpeted bedroom with seating area, plenty of closets/dressers, glass and screen enclosed gallery that overlooks ocean. Galley-style kitchen with lots of storage, self-cleaning gas oven/range, large refrigerator/ice maker, gas instant hot water heater, and washer/gas dryer.

domain: design


text: Packed with full colour photographs, Sky showcases the sheer beauty of the sky. All aspects are covered from diverse cloud formations, the golden colours of dawn and dusk, spectacular storms and unique weather, plus a wide range of meteorological phenomena. The book also details the wonders of our night sky from the beautiful constellations, to meteors and the moon. Each image is reproduced in full colour and often full page. An inspiration for every budding meteorologist, keen sky watcher or lover of beautiful images.

domain: hobby


text:
Sightless athletes train to take on Noosa Tri challenge
TRIATHLONS have historically celebrated the coming together of different athletes in the name of sportsmanship.
One team for the Noosa Triathlon captures the essence of that.
Robin Braidwood, Darrell Munck and Richard Sammut all have retinitis pigmentosa, a genetic condition that has left each of the athletes blind. But they're not letting the challenges that may lay ahead get in their way.
"I think the physical challenge for all of us will be fine,” Mr Braidwood said.
"For me it's more the mental fatigue. You also have to be concentrating the whole time.”
The trio will compete in the tri with their training partners, who will be tethered alongside them and provide guidance or be the teammate on their tandem bike.
While training has been going well, the team will be concentrating their effort of competing against able-bodied athletes.
Since enlisting the help of his neighbour, Celia, Mr Braidwood has trained in the gym and in the field. He hoped that the two would soon be able to run alongside each other intuitively.
"I try to do a 10km run once or twice a week,” he said.
"My strategy is one session in the gym, one with Celia in the field and adjust to running with people.”
He owes much of his motivation to his wife, his son and his positive mindset.
"I always try to be positive-minded and have a goal. I've done a few of these in the past to keep me outdoors,” he said.
"Keeping fit is great for stopping mental health issues, stress and anxiety. It's good to get out and be a part of the community. My son is such an inspiration to me, too. He has energy and enthusiasm for life and it's nice for him to see his dad who can't see step out of the box a bit and face challenges.”
The trio will compete in the triathlon in November, and hope crowd support translates to support on the streets.

domain: psychology


text:
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions.
Nature of claims
Common causes of action
What are the most common causes of action brought against banks and other financial services providers by their customers?
French law differentiates between contractual liability and tort liability, and the two regimes are mutually exclusive. A party bound by contract with another party may only seek its counterparty’s liability in the contract. Conversely, where there is no contract (or where a contract has yet to be signed), claims may only be brought as a tort action.
Generally speaking, the most common cause of action against banks and financial services providers is the breach of their general duty to inform or warn their clients of the risks associated with financial products. Although the majority of these claims are arguably pre-contractual, courts usually see them as claims in the contract. In certain circumstances, clients can also rely on misrepresentations or the deliberate omission of information to rescind contracts. Claims relating to poor performance by banks or financial services providers of their other contractual obligations are less common.
Regarding specifically regulated products (eg, personal loans, contracts with consumers or non-professionals, etc), French law is often very specific when it comes to regulating negotiations or contract terms. Banks and financial services providers must follow strict rules as to the form and substance of the contracts. For example, consumer loan contracts must be in writing, allow for a 14-day waiting period for the consumer after signature, and abide by specific and stringent rules in terms of the information the bank must provide regarding the full cost of the loan (interest and all other charges and costs). These rules generate many disputes and may result in civil liability for banks or financial services providers, the rescission of contracts or the loss by the bank of its right to a contractually agreed interest.
In claims for the misselling of financial products, what types of non-contractual duties have been recognised by the court? In particular is there scope to plead that duties owed by financial institutions to the relevant regulator in your jurisdiction are also owed directly by a financial institution to its customers?
Courts have long recognised that banks and financial institutions owe a general duty of information to their clients. Since 1 October 2016, and the entry into force of the new French contract law (Ordinance No. 2016-131 of 10 February 2016 applicable to contracts concluded after 1 October 2016), the Civil Code expressly provides that parties shall provide to their counterparties any information (save an estimate of the value of the service in question) that might be decisive to the consent of that party. Subsequently, in cases where this information has been intentionally withheld, the contract may be rescinded. This rule is public policy, meaning that parties may not contractually agree to disregard it. It is also worth noting that courts have imposed a duty on banks to warn the clients of the potential consequences and risks associated with loans; banks are obliged to gather information regarding their clients’ assets and ability to repay, and may be held liable for granting an inappropriate or excessive loan to a non-sophisticated borrower. In a ruling of 18 January 2017, the French Supreme Court for civil and commercial matters (Cour de Cassation), stated that no duty to warn its client is owed by a bank where the loan was proportionate in light of the financial situation of the borrower at the time of the conclusion of contract.
In addition to the general principles of contract law, the Monetary and Financial Code (MFC) and the regulation issued by the financial markets regulator (AMF) (the regulation is referred to the RGAMF), provide that investment service providers (ISPs) act ‘honestly, fairly and professionally’ and ‘in the best interests of clients and the integrity of the market’ (articles L. 533-11 of the MFC and 314-3 of the RGAMF). In particular, ISPs must provide their clients with information to help them understand the nature of the investment service, the specific type(s) of financial instrument(s) at stake and the associated risks. The scope of the information to be provided will depend on whether the client is a professional or a retail client.
Courts also consider that ISPs have a duty to warn investors about the financial exposure associated with the proposed transaction where:
- the investor is a non-sophisticated investor; and therefore, not in a position to assess the nature and the risks of the financial instrument, as well as the associated financial exposure; and
- the financial instrument in question is of a ‘speculative nature’. The Supreme Court recently restated that the ISPs’ duty to warn investors is limited to speculative financial instruments (Cass. Com. 18 January 2017). The concept of a ‘speculative financial instrument’ is not clearly defined, but generally refers to instruments traded on future markets with a high level of exposure.
Statutory liability regime
In claims for untrue or misleading statements or omissions in prospectuses, listing particulars and periodic financial disclosures, is there a statutory liability regime?
There is no specific liability regime for claims for untrue or misleading statements or omissions in prospectuses and periodic financial disclosures. These claims fall within the remit of the general rules governing civil liability. In most cases, they will be brought on a tort basis. Claimants will need to establish a wrongful act (action or omission), a loss and a causal link between the wrongful act and the loss.
For the sake of completeness, it is worth noting that the AMF is responsible for verifying the financial information disclosed by companies before corporate finance transactions (eg, admission to trade on a regulated market, public offerings, etc) as well as mandatory disclosures made on an annual, half-yearly and quarterly basis. In the event of a breach by an undertaking of its regulatory disclosure obligations, the AMF may impose penalties on the issuer, its senior manager in his or her capacity as the company’s legal representative and, more generally, any person or entity found to have interfered with a public disclosure by disseminating information that is false, imprecise or misleading.
Duty of good faith
Is there an implied duty of good faith in contracts concluded between financial institutions and their customers? What is the effect of this duty on financial services litigation?
As a general rule under French law, all contracting parties must abide by an obligation of good faith, which covers all stages of the contract (ie, negotiations, conclusion, performance and termination). The good-faith obligation creates a duty to act fairly and consistently and to cooperate throughout the life of the contractual relationship. Since 1 October 2016, the duty of good faith is encapsulated in article 1104 of the Civil Code. This provision expressly states that the duty of good faith is public policy, and thus, it cannot be disregarded by contractual agreement (which was already the case in practice even before the entry into the new French contract law).
Nevertheless, in practice, good faith is rarely the primary cause of action used by claimants (or retained by the courts). As discussed above, claimants will usually rely on a breach of the bank or financial institution’s general duty of information, or a more specific breach of the applicable legislation (especially in cases concerning strictly regulated products).
In what circumstances will a financial institution owe fiduciary duties to its customers? What is the effect of such duties on financial services litigation?
The concept of fiduciary duties does not exist as such under French law. The general principle is that banks must refrain from interfering in their clients’ affairs. This rule is known as the non-intervention principle. The principle is twofold: banks have no obligation to deter their clients from carrying out a wrongful, inadvisable or risky act or operation; and they cannot refuse to execute a transaction order from a client on the basis that it would not be in the client’s best interest.
However, there are limits to the non-intervention principle. Banks are nevertheless required to exercise a certain degree of vigilance and care. It is settled case law that the bank may be held liable where the underlying transaction was vitiated by an ‘apparent abnormality’, which may be:
- a ‘material abnormality’, such as incomplete, outdated or inaccurate documentation or a forged signature; or
- an ‘intellectual abnormality’, such as a transaction that would appear legitimate at first glance, but when examined with more scrutiny shows signs of fraud or illegality (eg, a standard bank transfer for an unprecedented large amount, a sudden and unusual high number of transactions within a short period of time, transactions in or out of tax havens, etc).
How are standard form master agreements for particular financial transactions treated?
Under French law, contracts have a binding effect and must, therefore, be performed by the parties (article 1103 of the Civil Code, former article 1134 before the entry into force of the new French contract law). The same should apply in the context of standard form master agreements.
However, since 1 October 2016, the Civil Code contains specific provisions on ‘non-negotiated contracts’ (ie, where the terms and conditions of the contract are not subject to negotiation between the parties, and are, thus, determined in advance by one of the parties). Any clause contained in a non-negotiated contract that would result in a ‘significant imbalance’ in the rights and obligations of the parties will be invalid. The significant imbalance does not concern either the definition of the main subject matter of the contract or the adequacy of the price. In addition, ambiguous clauses will have to be interpreted against the party that drafted the contract. As such, it remains to be seen how the French courts will apply these provisions, in particular, in respect of standard form master agreements such as the International Swaps and Derivatives Association (ISDA) Master Agreement. It cannot be excluded that these standard form master agreements will be regarded as non-negotiated contracts ‘drafted’ by banks and financial institutions.
In addition to this new provision related to ‘non-negotiated contracts’, in contracts between professionals and consumers or non-professionals (where there is a direct relationship between the subject matter of the contract and the professional activities of the client, the Supreme Court takes the view that the latter should not be regarded as a consumer or non-professional), any clause creating a significant imbalance in the rights and obligations of the parties to the detriment of the non-professional or consumer will generally be regarded as unfair. In fact, certain types of clauses must be regarded as inherently unfair, and therefore, deemed invalid.
Can a financial institution limit or exclude its liability? What statutory protections exist to protect the interests of consumers and private parties?
In principle, limitation and exclusion of liability clauses are valid and enforceable under French law. The same principle applies with respect to financial institutions.
However, French law does allow for various exceptions; especially in the situations outlined below:
- First, in contracts concluded between professionals and consumers or non-professionals, any clause designed to limit or exclude the liability of the professional are seen as ‘unfair’, and therefore, invalid.
- Second, in any contract a clause designed to limit or exclude liability for breach of contract will be disregarded where the breach was made intentionally or resulted from gross negligence.
- Third, a limitation or exclusion of liability clause contradicting the essential obligation of the contract (ie, where the essential obligation of the contract is deprived of substance because of the limitation or exclusion of a liability clause) will also be deemed invalid. This solution originated from case law and has been incorporated into the Civil Code since 1 October 2016 (article 1170).
Freedom to contact
What other restrictions apply to the freedom of financial institutions to contract?
Although freedom of contract is a governing principle of French contract law, a number of restrictions exist:
- First, in terms of non-negotiated contracts, since 1 October 2016, any clauses creating a significant imbalance in the rights and obligations of the parties will also be deemed invalid. It remains to be seen how French courts will apply this new provision.
- Second, although penalty clauses are valid under French law (even if the penalty is not a genuine preliminary estimate of the potential losses), courts have the power to reduce or increase the amount of the penalty should they view the penalty as agreed to be clearly excessive or too low, as compared to the actual loss.
- Finally, and as indicated above, in contracts between professionals and consumers or non-professionals, any clause that creates a significant imbalance in the rights and obligations of the parties to the contract to the detriment of the consumer or non-professional will generally be regarded as unfair. In fact, certain types of clauses must be regarded as inherently unfair, and therefore, deemed invalid (eg, clauses that reserve the rights of the professional to unilaterally alter the terms of the contract with respect to its duration, characteristics or the price of the goods or services to be supplied; clauses that deny the consumer or non-professional the right to request the termination of the contract in the event of the failure of the professional to fulfil its obligations; etc). Others are presumed as unfair but evidence to the contrary can be submitted by the professional (eg, clauses that allow the professional to terminate the contract with no reasonable notice period; clauses that impose more restrictive conditions for terminating the contract to the consumer or non-professional than the professional; etc).
What remedies are available in financial services litigation?
If the claim is based on a contract, four remedies are available to creditors, and, provided they are compatible, are not mutually exclusive:
- specific performance;
- withholding performance; and
- termination of the contract.
Damages are governed by the principle of full compensation, according to which the amount of damages awarded to the aggrieved party must be exactly equivalent to the loss suffered, no more, no less.
Further to the reform of French contract law, article 1217 of the Civil Code has introduced two new remedies:
- First, creditors are able to withhold performance of their obligations where it is clear that the debtor will not perform its obligations and that the consequences, thereof, will be sufficiently serious for the creditor in question.
- Second, creditors have the right to accept imperfect contractual performance in exchange for a reduction in the price as initially agreed. In addition, a new exception to the creditor’s right to obtain specific performance, to be applied where the cost of specific performance would evidently be disproportionate, has also been introduced.
If the claim is based on a tort action, damages will normally be the only available remedy.
Have any particular issues arisen in financial services cases in your jurisdiction in relation to limitation defences?
Three main issues in relation to limitation defences have arisen over the past years:
- The first issue is the determination of the starting point of the five-year limitation period applicable to the borrowers’ legal action against lenders based on an incorrect indication of the global effective interest rate (TAEG), or lack thereof, in their loan contracts. This issue has given rise to a number of court decisions. The Supreme Court’s position was unclear until 2009, when it ruled that the starting point of the limitation period depends on the status of the borrower. If the latter is a professional, the starting point is the date into which the loan contract was entered; if the borrower is a non-professional, it is the date on which he or she became aware, or should have become aware, of the incorrect indication of the TAEG (or lack thereof) in the loan contract.
- The second issue is the scope of application of the two-year limitation period set forth by article L. 137-2 of the French Consumer Code. That article provides that: ‘[c]laims brought by professionals in relation to the goods or services they provide to consumers, are subject to a two-year limitation period’. The exact scope of application of that provision was initially debated. The Supreme Court gave the text a very broad scope, ruling that the two-year limitation period was ‘a general rule that applied to all financial services provided by professionals to private individuals’.
- The third issue is that of the starting point of the limitation period for lenders to act against borrowers in respect to several unpaid instalments. The Supreme Court first held that the starting point of the limitation period for such actions was the date of the borrower’s first default (thereby shortening the limitation period to act in respect of any subsequent defaults). The Supreme Court then reversed its position in four decisions rendered on 11 February 2016, whereby it ruled that the starting point of the limitation period to act was the date on which each instalment fell due.
Do you have a specialist court or other arrangements for the hearing of financial services disputes in your jurisdiction? Are there specialist judges for financial cases?
In France, there are no specialist courts for financial services disputes. However, certain large courts may have specialised chambers, which will be allocated to financial services disputes for practical reasons.
Where the opponent of a financial institution is a commercial entity or person, the commercial court has jurisdiction. If the dispute is between a financial institution and a private individual, or certain types of a non-commercial legal entity, the financial institution must apply to the civil court. Where the claimant is a private individual or non-commercial entity or person, proceedings may be brought before either court at the choice of the claimant. For matters that would normally be brought before the civil court, claimants must apply to the small claims courts if the value of their claim is less than €10,000. These courts also have exclusive jurisdiction over disputes relating to consumer loans where the value of the claim is €75,000 or less.
Do any specific procedural rules apply to financial services litigation?
Generally speaking, there are no specific procedural rules applicable to financial services litigation. The rules will vary depending on the court before which the claim is brought (civil court, small claims court, commercial court or court of appeal) and not on the nature of the dispute. However, the statute of limitations on disputes relating to consumer loans is two years, compared with the usual five years for contractual and non-contractual claims.
May parties agree to submit financial services disputes to arbitration?
Although barely used in practice, financial services disputes may be submitted to arbitration (international or domestic) when the customer of the financial institution is a commercial entity or is acting for business purposes.
When the customer is a non-professional or consumer, a distinction must be made depending on whether the contractual relationship features a cross-border element:
- where it does, French courts will normally enforce an arbitration clause;
- where it does not, the financial institution will not be able to enforce the clause against the customer without the latter’s consent. Conversely, the customer will be able to enforce the clause against the financial institution.
In any case, irrespective of the existence of an arbitration clause in their contract, once a dispute has arisen, parties are free to submit their dispute to arbitration.
Out of court settlements
Must parties initially seek to settle out of court or refer financial services disputes for alternative dispute resolution?
Since 20 November 2016, all cases referred to the small claims courts (see question 11) must be first referred to a judicial conciliator in order to explore the possibility of a settlement, unless:
- the parties prove that they have already taken steps to try to reach an amicable settlement; or
- there are legitimate reasons not to refer the case to the conciliator.
Otherwise, there is no obligation for parties to seek an out-of-court settlement, nor to refer their disputes to an alternative dispute resolution mechanism first. Parties are always at liberty to agree to settle their disputes via mediation or conciliation, but cannot be forced to explore these possibilities. However, if the parties have incorporated an escalation clause in their contract, according to which certain out of court steps should be taken before issuing proceedings, courts will enforce such clauses unless they are included in contracts with consumers or non-professionals.
Are there any pre-action considerations specific to financial services litigation that the parties should take into account in your jurisdiction?
In principle, unless expressly provided for in the contract, there is no specific pre-action obligation under French law. However, failing specific language to the contrary in the contract:
- when a party wishes to obtain a specific performance, it must first put the other party on notice to perform its obligations in accordance with the contract (unless there is an urgent situation); and
- in terms of late payment, the Civil Code provides that interest only runs from the date of a formal notice to the debtor.
Unilateral jurisdiction clauses
Does your jurisdiction recognise unilateral jurisdiction clauses?
In the Rothschild case (26 September 2012), the Supreme Court ruled, on the basis of the Brussels I Regulation on jurisdiction, that clauses allowing one party to start proceedings before any court of its choice while the other party is limited to a given forum, are null and void. In a decision dated 7 October 2015, the Supreme Court adjusted this decision, holding that clauses permitting only one party to start proceedings before multiple different courts are valid provided that the alternative fora can be objectively determined either because they are explicitly named or because objective rules for doing so are stated.
What are the general disclosure obligations for litigants in your jurisdiction? Are banking secrecy, blocking statute or similar regimes applied in your jurisdiction? How does this affect financial services litigation?
Under French law, there is no general disclosure obligation for litigants. However, the Civil Code provides that each party has a duty to assist in the manifestation of the truth and courts may issue injunctions to that effect. The rules of the Civil Procedure Code follow these lines:
- The principle is that each party is at liberty to decide what evidence it will produce and is only obliged to submit the evidence upon which it intends to rely in the course of the proceedings. However, where specific pieces of evidence are held by a party or a third party, the other party may ask the court to order the production of that evidence, unless the requested party can rely on a ‘legitimate impediment’ to providing the evidence.
- When it orders the production of evidence, a court may impose a penalty for non-compliance (eg, a certain sum of money per day of delay). Failing production, the court will be at liberty to make any inferences it deems appropriate (there is no equivalent to the concept of contempt of court in France).
- Unless the dispute is between a financial institution and one of its clients; professional secrecy in general and banking secrecy in particular, are viewed as legitimate impediments to the communication of documents. Similarly, the protection of the right to privacy has also been accepted by the Supreme Court as a legitimate impediment to the disclosure of certain banking or financial information.
France has its own blocking statute applicable to cases brought before foreign courts. Conversely, it should theoretically be possible for litigants to invoke foreign blocking statutes to refuse the disclosure of evidence before a French court. Generally, French courts or regulators seeking evidence abroad will call upon international cooperation agreements, such as the Hague Convention of 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, and Regulation (EC) No. 1206/2001 or the International Organization of Securities Commissions Multilateral Memorandum of Understanding on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters multilateral memorandum of understanding to which the AMF is a signatory.
Must financial institutions disclose confidential client documents during court proceedings? What procedural devices can be used to protect such documents?
In disputes against a client, financial institutions may use any information relating to that client they may legitimately have in their possession. In disputes brought by third parties, the principle is that confidential client information is covered by banking secrecy, and therefore, must not be disclosed. Banking secrecy can then be relied upon by a bank to refuse the communication of confidential client information to third parties in civil or commercial litigation, unless the client expressly agrees to the communication on a case-by-case basis.
Disclosure of personal data
May private parties request disclosure of personal data held by financial services institutions?
Personal data is covered by banking secrecy. With the exception of the bank’s own customers, the principle is that private parties cannot request the disclosure of personal data held by financial services institutions in civil and commercial matters (see question 18). Personal data is also protected by French data protection laws. Like any other entity responsible for processing personal data, banks have an obligation to protect that data and a duty to secure personal data from access by any ‘non-authorised third party’.
Bailiffs acting to enforce a final court decision are authorised to consult the National Registry of Bank Accounts (FICOBA) database, which lists all bank accounts opened in France and contains the names of the beneficiaries of those accounts.
What data governance issues are of particular importance to financial disputes in your jurisdiction? What case management techniques have evolved to deal with data issues?
This question is not relevant for France as litigants are not subject to any general duty to disclose evidence.
Interaction with regulatory regime
What powers do regulatory authorities have to bring court proceedings in your jurisdiction? In particular, what remedies may they seek?
The regulation of France’s financial sector is implemented through two administrative authorities:
- The AMF is responsible for regulating participants and products. Its duties include:
- setting recommendations and guidelines applying to the financial sector;
- authorising participants in and approving disclosures relating to corporate finance transactions; and
- monitoring participants and financial products.
- The Prudential Supervisory Authority (ACPR) is responsible for regulating the activities of banks and insurance companies. Its duties include:
- issuing licences and authorisations required to conduct banking and insurance business;
- supervising the financial position and operating conditions of the institutions subject to its supervision; and
- ensuring that reporting entities comply with the rules governing the procedures for doing business.
The AMF and ACPR both have the power to issue sanctions against the companies and individuals subject to their authority through their respective sanctions committees.
The AMF has the power to bring court proceedings, be it summary proceedings or ex parte requests, in order to obtain specific injunctions or conservatory measures.
The AMF does not have the power to ask courts to impose a fine on a defendant or to order the payment of damages for breach of a regulatory duty. The AMF sanctions committee alone has the power to issue financial penalties. Damages, in other words, compensation for harm caused as a result of a regulatory breach, can only be sought by those who have personally and directly suffered from the breach. However, any sanctions imposed by the sanctions committee may give rise to liability towards third parties under the conditions described in question 23.
Court proceedings at the initiative of the AMF are not meant to be an alternative to regulatory proceedings but are supposed to come in support of the same. In that regard, the main benefits for the AMF in bringing court proceedings is often to obtain urgent conservatory measures that its sanctions committee does not have the power to issue.
Disclosure restrictions on communications
Are communications between financial institutions and regulators and other regulatory materials subject to any disclosure restrictions or claims of privilege?
In principle, communications between financial institutions and regulators (the AMF and ACPR) are covered by professional secrecy and may not be disclosed. However, as an exception to this principle, the AMF and the ACPR are, under certain conditions, authorised to share information. By way of example, this will be the case with:
- other administrative authorities (such as the authority in charge of competition and consumers, the anti-money laundering authority, the Central Bank, market undertakings and clearing houses) to the extent necessary for the fulfilment of the recipient’s duties;
- courts or magistrates acting within the framework of criminal proceedings; and
- foreign financial markets regulators and supervisors.
May private parties bring court proceedings against financial institutions directly for breaches of regulations?
In a ruling of 26 February 2008, the Supreme Court held that investors are entitled to bring court proceedings against financial institutions who acted as ISPs on the basis of a regulatory breach. In such cases, the regulatory breach will be regarded as an event triggering the civil liability of the defendant, obliging it to compensate the claimant for the harm caused, provided, of course, that the breach is demonstrated as well as a causal link between said breach and the harm suffered.
In a claim by a private party against a financial institution, must the institution disclose complaints made against it by other private parties?
In the course of litigation, there is no duty for a financial institution to disclose complaints made by other private parties.
Where a financial institution has agreed with a regulator to conduct a business review or redress exercise, may private parties directly enforce the terms of that review or exercise?
Only the AMF can, under certain conditions, offer a formal settlement called ‘administrative composition’, to persons charged with having engaged in certain regulatory breaches. In practice, when the AMF Board notifies charges to a person under its supervision, it sends a proposal for the opening of an administrative settlement procedure. If the notified person agrees to engage in the settlement procedure, and a settlement is reached, the case will not be referred to the sanctions committee. The AMF may request, as part of the settlement that the person commit to take corrective measures or compensate third parties for damage they have suffered in relation to that person’s behaviour.
To date, there is no case law on whether the failure by a financial institution to enforce a settlement agreement can provide grounds for an action brought by a private party against that financial institution. However, according to general principles of tort liability, if a private party can establish that it suffered damage because of the financial institution’s failure to enforce the settlement, then it would seem arguable that the financial institution would be found liable for damages towards that private party. Besides, failure by a financial institution to enforce its obligations under a settlement agreement with the AMF may lead to the cancellation of the agreement and referral of the case to the sanctions committee.
Changes to the landscape
Have changes to the regulatory landscape following the financial crisis impacted financial services litigation?
There are no statistics on the evolution of the number of financial litigation cases in past years. However, it seems that the bulk of the financial litigation cases have been essentially rooted to the 2008 global financial crisis rather than by changes in the regulatory landscape since then.
Is there an independent complaints procedure that customers can use to complain about financial services firms without bringing court claims?
Though it is not a prerequisite (see question 14), customers may, before they engage court proceedings, submit their claims to an independent mediator whose role is to examine their claims and propose an amicable solution to the dispute.
Depending on the nature of the claim, the dispute shall be referred either to the banking mediator (if the claim is against a financial institution and relates to banking operations or investment services) or to the AMF mediator (if the claim is against a financial services firm and relates to investment services). Claims against financial institutions in relation to investment services can be either submitted to the banking or the AMF mediator (but not to both successively).
While the AMF mediator is appointed by the AMF, banking mediators are designated by the financial institutions themselves. Each financial institution must designate a mediator, who may be either external to the financial institution or on the financial institution’s payroll but must act with full independence.
The procedures before banking mediators and the AMF mediator share common characteristics:
- they may only be commenced provided that:
- a prior complaint was made by the customer to the relevant service of the financial service firm (respectively, financial institution) and was not addressed to the customer’s satisfaction; and
- the dispute has not been already referred to a court; and
- once the mediator has received all supporting documents from the customer, he or she notifies both parties of the formal start of the mediation procedure;
- in principle, the mediator has 90 days from the formal start of the mediation procedure to notify to the parties his or her opinion on the dispute and proposed solution, which must be based on law and in equity (taking into account the customer’s particular situation); and
- the mediator’s proposed solution is not binding. The parties can either agree to settle on the basis proposed by the mediator or refer the matter to court (in which case, the mediator’s opinion has no binding effect but might nonetheless influence the court, if produced).
The law does not specify or limit the remedies or redress which can be proposed by the mediator. However, the 2017 annual report published by the AMF mediator shows that in all cases where the mediator’s proposal was in favour of the customer, such a proposal took the form of either financial compensation (67 per cent of cases) or enforcement of an order placed by the customer (33 per cent of cases). The amounts proposed by the AMF mediator as compensation in 2017 ranged from €15 to €108,000, with a median value of €1,348. In 96 per cent of cases, the parties settled their dispute based on the AMF mediator’s proposal. According to the AMF, the two areas that are most prevalent in recent years concern speculative online trading (foreign exchange and binary options), on the one hand, and employee investment undertakings on the other.
Recovery of assets
Is there an extrajudicial process for private individuals to recover lost assets from insolvent financial services firms? What is the limit of compensation that can be awarded without bringing court claims?
The Deposit Guarantee Scheme (FGDR) was created in 1999 to protect customers and investors of an insolvent bank or financial institution. Since that date, the applicable legal regime has been amended from time to time, and the protection offered to customers and investors reinforced, prompted in particular, by the adoption of a number of European directives. Three types of guarantees are currently managed by the FGDR. They allow customers and investors to be compensated without having to bring court claims:
- First, the ‘deposit guarantee’ scheme covers all amounts deposited in current and saving accounts, up to €100,000 per customer and per institution. However, life insurance policy, pension savings scheme with an insurance company, or collective pension savings scheme with an insurance company are, in particular, not covered by this guarantee. After the ACPR determines that a bank is no longer in a position to return the deposits to its clients, the compensation process starts under the auspices of the FGDR and customers do not need to take any action to be compensated.
- Second, the ‘investor compensation’ scheme covers securities and financial instruments entrusted to a financial intermediary (eg, stocks, bonds, units or shares of investments funds) up to €70,000 per customer and per institution. Again, after the ACPR determines that the institution is no longer in a position to return the securities entrusted to it, the compensation is initiated by the FGDR automatically.
- Finally, the ‘guarantee of performance bonds’ scheme covers performance bonds that a bank (or a financial institution) should issue to certain regulated professions (such as real estate agents, travel agents, insurance brokers, etc), which are required to provide a guarantee to their customers to ensure the proper completion of their projects. In the event that the bank (or the financial institution) that has issued the bond cannot fulfil its commitments, the FGDR will take over for the bank (or the financial institution) until completion of the project. If the regulated professional is in default as regards its customers, compensation will be granted to the customers by the FGDR. The compensation is capped at 90 per cent of the amount of the bond, with a deductible amount of €3,000.
Updates & Trends
UPDATE & TRENDS
Updates & Trends
Updates and trends
Two new international chambers, of the Paris Commercial Court and the Paris Court of Appeal respectively, were inaugurated on 12 February 2018 and are expected to commence operation imminently. The most innovative aspect of the new chambers is that the procedural rules include many features commonly found in adversarial common law jurisdictions, which are not frequently employed in the more inquisitorial French system, including:
- some provision for case management by procedural judges;
- mandatory disclosure of documents and witness evidence; and
Judges will be drawn from within the French judiciary and there will be flexibility regarding the use of English.
On 21 June 2018, France has completed the transposition of Directive (EU) 2016/943 (Trade Secrets), which is currently a hot topic. The main issues addressed in the French draft deal with:
- the definition of business secrecy;
- the procedures for implementing civil liability;
- the damages to compensate the prejudice (which are very advantageous to the companies that were subject to unlawful appropriation of information related to business secrecy); and
- the applicable exemption (in particular, protection of freedom of expression and whistleblowers).

domain: law


Toronto Blue Jays’ Worst. Season. Ever?
Is this the Toronto Blue Jays’ worst season ever? Relief pitcher Jason Frasor, who has been with the team every year since 2004, says yes — at least as far as his tenure is concerned.
In an interview with the Toronto Sun, Frasor called this season “the worst,” before the Jays were swept by the New York Yankees at Yankee Stadium on Thursday, losing 10-7 in the final game. The team has lost seven of their last nine.
The 35-year-old pitcher, who played for the Chicago White Sox for two months in 2011, blames part of the team’s performance this year on high expectations.
“Alex (Anthopoulos, the team’s general manager) has some work to do,” said Frasor, to the Sun. “The number one disappointment has been all the injuries and the serious part of them is Kyle Drabek and Drew Hutchison, who was really starting to figure it out, will miss a great part of next season too. Same with Luis Perez. People forget how terrific he was.”
Though Frasor becomes a free agent at the end of the year, he has seen the team’s potential for growth and improvement, particularly with younger players, like Brett Lawrie, Adeiny Hechavarria and Anthony Gose, who are “athletes.” Frasor began his career with the Jays in 2004.
The team currently boasts a record of 66-82, and is in last place in the American League East division.
GO Transit’s $94M facelift
The federal government is pledging more than $94-million for a GO Transit facelift, and to constuct a new facility in Whitby, Ont.
Finance Minister Jim Flaherty and Ontario Transportation Minister Bob Chiarelli made the announcement on Thursday, at the proposed future site near Victoria Street and Brock Street.
The facility will include 18 storage tracks, maintenance bays, offices, washing buildings and a fuelling station, according to 680 News, and will cost an estimated pricetag of $400-million. The Ontario government plans to cover the remaining funding total.
Predicted to be operational by 2017, the GO Transit maintenance facility is expected to create at least 400 full-time jobs. Currently, only one of these sites is operational, and was built over 30 years ago in Willowbrook, Ont.
Say hello to the iPhone 5
The iPhone 5 officially goes on sale at 8 a.m. EST on Friday, presenting the first major adaptation of the product since the first model debuted in 2007.
The new thinner, elongated smartphone measures at 10 cm diagonally, allowing for an extra 1.1 cm of display icons, and a larger viewing screen.
Prior to the launch, Apple has been flooded with pre-orders for the new phone, including, as 680 News reports, double the advanced orders in 24 hours for its previous incarnation, the iPhone 4S, which was released last October.
See you in line at the Apple store!
Joanna Adams writes about news and entertainment for Toronto Standard. Follow her on Twitter atâ€ @nowstarringTO.


text:
Massive Disneyland Attraction Database
The Frontiersphere Waking Exposition thrill ride, June 26, 1985, 8:14 p.m.
Frontiersphere Waking Exposition
April 19, 2010
Avg. queue length:
It's just like a gunfight in a ghost town, but with humorous scenery and no moral quandries!
- If you are nauseated by standing, then you will want to avoid this thrill ride.
- Before waiting for this thrill ride, you'll want to look for something that requires more patience.
Guest Policies and Alerts
- This thrill ride was at one time sponsored by Vest of A Canyon.
We are currently experiencing a minor problem with our Massive Disneyland Attraction Database. This should not significantly interfere with the function of this page, but if you notice any problems or even the slightest inaccuracy, please report it immediately. Thank you for your understanding.

domain: entertainment


The vertical distribution of plants and animals on the shore is rarely, if ever, random. On most shores, as the tide recedes, conspicuous bands appear on the shore as a result of the color of the organisms dominating a particular level roughly parallel to the water line (Figure 2.1). In other places, while the bands or zones are less conspicuous and less readily distinguishable, they are rarely, if ever, completely absent. Stephenson and Stephenson (1949; 1972) and Southward (1958) and Lewis (1955; 1961; 1964) have summarized much of the earlier information on zonation
distribution patterns of intertidal organisms, and have shown that such zones are of universal occurrence on rocky shores, although their tidal level and width is dependent on a number of factors, of which exposure to wave action is the most important. More recent reviews of zonation patterns are to be found in Knox (1960; 1963a; 1975), Newell (1979), Lobban et al. (1985), Peres (1982a,b), Norton (1985), and Russell (1991).


It is time for United States to take steps to fix its dairy oversupply problems and "stop blaming Canada for a situation that has little to do with us."
That is how Robert Godfrey reacted to news the Joe Biden administration has asked for the establishment of a dispute settlement panel under the United States-Mexico-Canada Agreement to look into Canada’s allocation of dairy tariff-rate quotas (TRQs), specifically the set-aside of a percentage of each dairy TRQ exclusively for Canadian processors.
The Americans maintain the measures "deny the ability of U.S. dairy farmers, workers, and exporters to utilize the TRQs and realize the full benefit of the trade deal."
A tariff-rate quota applies a preferential rate of duty to an “in-quota” quantity of imports and a different rate to imports above that in-quota quantity. Under the new free trade deal negotiated while Donald Trump was president, Canada has the right to maintain 14 TRQs on dairy products: milk, cream, skim milk powder, butter and cream powder, industrial cheeses, cheeses of all types, milk powders, concentrated or condensed milk, yogurt and buttermilk, powdered buttermilk, whey powder, products consisting of natural milk constituents, ice cream and ice cream mixes, and other dairy.
American Trade Ambassador Kathleen Tai maintains Canada sets aside and reserves a percentage of the quota for processors and for so-called “further processors”, contrary to Canada’s USMCA commitments.
"Every country has facets of their agriculture industry they seek to protect when it comes to trade," said Godfrey, who is the executive director of the PEI Federation of Agriculture. "Most often, the Americans use direct subsidies to producers and that is part of how the oversupply problem has happened."
Godfrey noted if U.S. production were to take over the entire Canadian market, it would still not solve their oversupply situation. He is concerned the Biden administration is following on the same path of making Canadian dairy producers "scapegoats" and said Canada must aggressively defend against the action.
Meanwhile the CEO of Amalgamated Dairies Limited (ADL) is confident Canada is well positioned to mount such a defence. Chad Mann noted the bulk of the agreement is being phased in over a five year period and argued "It will take minimum 7-10 years to evaluate the effectiveness of the TRQ allocation policy adopted by Canada. CUSMA was phased in on July 1st 2020 in the middle of a global pandemic."
The CEO went on to say well established supply chains, traditional distribution channels and global trade have been impacted have been impacted by COVID. He explained the Americans must put forward a business case for the importation of US dairy products.
"Canadian markets are well serviced by domestic players with consumers increasingly demanding local products marked with the blue cow logo," he concluded. "Canadian Dairy producers and processors have serviced Canadian consumers well during COVID-19.”
The chair of Dairy Farmers of PEI agrees Canada's position is solid. Gordon MacBeath said Dairy Farmers of Canada is prepared to work with the federal government in defending against the action,
Like Godfrey, MacBeath is sick and tired of having to defend the industry and supply management at every turn. He noted "it has been going on forever now and it is time to stop. The dairy chair said it is his understanding the settlement panel will hand down a decision within six to nine months.


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Unwrapping a new, coveted gaming console -- an Atari, N64, XBox -- on Christmas morning is a fond memory for many people. With hundreds of thousands of video games and just as much variety in their genres, it is unsurprising that video games have been able to successfully cater to so many different individuals. Dr. Michael Bordieri visits Sounds Good to discuss these games and the potential for video game addiction, or gaming disorder.
The World Health Organization recently included gaming disorder in their 11th draft revision of the International Classification of Diseases (ICD-11). Gaming disorder is characterized by impaired control over gaming, increased priority of gaming (in which other interests/daily activities lose priority), and continuation or escalation of behavior despite evidence of negative consequences. The 11th revision of the ICD is set to be published mid-2018.
There are differing opinions about the extent to which video gaming disorder can affect the average player's life. A widely spread New York Post article, published in 2016, compared video games to digital heroin and suggested that games were turning children into "psychotic junkies." However, not all video game activity should be classified as addiction, and the WHO states that the diagnosis should only be made if the behavioral patterns are significant enough to impair personal, familial, social, occupational, or educational health and if it has been evident for over 12 months.
Dr. Michael Bordieri, psychology professor at Murray State University, visits Sounds Good to discuss these ICD revisions and how to better distinguish between a healthy and unhealthy amount of digital gaming. While some research suggests gaming disorder affects certain demographics, such as the young male, more than others, there is no concrete evidence available and all players should be consciously aware of how much time they spend on and importance they give to their digital games.


text:
Dear Sir or Madam,
It is my pleasure to share with you the key findings of UNCTAD's
World Investment Report 2015 on Global FDI Trends.
Foreign direct investment (FDI) inflows fell by 16 per cent globally to
$1.23 trillion in 2014, mostly because of the fragility of the global economy,
policy uncertainty for investors and elevated geopolitical risks. The decline
in FDI flows was in contrast to the general global performance of macroeconomic
variables such as GDP, trade, gross fixed capital formation and employment,
which all grew. However, some large divestments masked a rise in new investments.
Prospects for global FDI inflows are good, with a projected growth of 11
per cent to $1.37 trillion in 2015. It is expected that global FDI
flows may increase further to $1.5 trillion in 2016 and to $1.7 trillion
in 2017. Both UNCTAD's FDI forecast model and its business survey of large
multinational enterprises (MNEs) signal a rise of FDI flows in the coming
years. These expectations of higher FDI flows are supported by growth prospects
in the United States, the demand-stimulating effects of lower oil prices
and accommodating monetary policy, continued investment liberalization
and promotion measures in host countries, and high levels of profitability
and increase in use of cash reserves among MNEs. The share of MNEs intending
to increase FDI expenditures over the next three years (2015–2017) rose
from 24 to 32 per cent. Trends in cross-border mergers and acquisitions
(M&As) also point to a return to growth in 2015. However, a number
of economic and political risks, including ongoing uncertainties in the
Eurozone, potential spillovers from geopolitical tensions and persistent
vulnerabilities in emerging economies, may disrupt the projected recovery.
In 2014, cross-border M&As rebounded strongly to $399 billion, facilitated
by the availability of cheap debt coupled with considerable MNE cash reserves.
The number of deals with values larger than $1 billion increased to 223
– the highest number since 2008 – from 168 in 2013. At the same time,
MNEs made divestments equivalent to half of the value of acquisitions.
Announced greenfield investment remained sluggish, declining by 2 per cent
to $696 billion.
FDI by special investors varied. The significance of private equity funds
in the global M&A market, with $200 billion in acquisitions in 2014,
was reflected mainly in transactions involving large companies. Sovereign
wealth funds, which invested $16 billion in FDI in 2014, are increasingly
targeting infrastructure internationally. State-owned MNEs' international
expansion has decelerated; in particular, their cross-border M&As declined
by 39 per cent to $69 billion.
The shift towards services FDI over the past 10 years has continued, in
response to increasing liberalization in the sector, the increasing tradability
of services, and the growth of global value chains in which services play
an important role. Services account for 63 per cent of global FDI stock,
more than twice the share of manufacturing, at 26 per cent. The primary
sector represented less than 10 per cent of the total.
Despite the decline in FDI inflows, international production by MNEs’
foreign affiliates is expanding. International production rose in 2014,
generating value added of approximately $7.9 trillion. The sales and assets
of MNEs’ foreign affiliates grew faster than those of their domestic counterparts.
At the end of 2014, some 5,000 MNEs had an estimated $4.4 trillion in cash
holdings, 40 per cent more than during the 2008–2009 crises. However,
MNEs in some industries such as oil and gas, and utilities used cash holdings
for more capital expenditures and acquisitions in that year.
Director, Investment and Enterprise
Team leader, World Investment Report
Palais des Nations, Geneva
Tel: +41 22 917 5797
(World Investment Reports)

domain: finance


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Hair loss is a common issue, which fortunately is treatable — the sooner you start taking action, the easier it’ll be dealing with hair loss.
Excluding hair transplants and stick strictly to home treatments, most people address hair loss with haircare products or even medication.
It’s not a wrong approach, but these therapies usually provide the best results in the early stages of hair loss. Besides, most products and drugs take a long time, even years, to show visible improvements in hair density. That’s not convenient for everyone.
For that reason, we’ve come out with a much better solution — laser hair growth devices.
Laser Hair Growth Systems
One way to treat hair loss nowadays is by using a laser hair growth system. Awarded as the most effective at-home therapy for hair loss in 2019, this is the best performing procedure that has been proven to increase hair count, strengthen existing hair, and prevent baldness.
Briefly, you can use lasers to grow your hair back. More precisely, these systems use low-level lasers therapy (LLLT) to heat up the scalp tissue and encourage the hair follicles to produce more hair.
- Laser Hair Growth Systems
- Laser Caps for Hair Loss and Regrowth
- 12 Best Laser Hair Growth Devices
- HairMax RegrowMD Laser Cap 272
- Kiierr FDA-Cleared Laser Hair Cap System
- illumiflow 272 Hair Growth Device
- iRestore Laser Hair Growth System
- Capillus Laser Cap for Hair Loss
- Theradome PRO LH80 Laser Hair Growth Device
- iHelmet Hair Growth Device
- HairMax LaserBand 82
- GrivaMax 272 Hair Growth Device
- LESCOLTON Hair Growth Helmet
- SuperGro Laser Hair Growth Device
- Editor’s Choice
- 7 Things You Need to Know Before Buying a Laser Hair Growth Device
- Does laser therapy really regrow hair?
- Which is the best laser device for hair growth?
- Does hair growth devices work for everyone?
- Do lasers work for young and aged people?
- Are therapy lasers devices safe for home use?
- What are the possible side effects of laser hair growth therapy?
Low-Level Laser Therapy for Hair Loss
The discovery of lasers in the 1960s by Theodore H. Maiman at Hughes Research Laboratories has inspired hundreds of physicists and engineers to develop the technology and adapt it to various kinds of therapies and treatments for medical purposes.
However, the first researcher who noticed the possibilities that lasers may provide in the hair recovery field was Endre Mester, professor and department chair at the Semmelweis Medical University in Budapest — credited with the discovery of LLLT in 1967.
Laser Caps for Hair Loss and Regrowth
One of the most commercially successful applications of LLLT devices is the stimulation of hair growth in the scalp’s balding areas. The laser energy of LLLT drives hair follicles from the telogen phase into the anagen phase when it is actively growing.
Furthermore, the newly grown hair is thicker and also denser.
Because this therapy doesn’t require medical intervention, everyone can treat hair loss with LLLT systems at home. Some devices are also approved for OTC (over-the-counter) use, meaning you can utilize them without a prescription.
If you want to enjoy the benefits of this type of therapy, we recommend a high-tech device approved by the Food and Drug Administration (FDA) for home use.
FDA Clearances for Safety and Efficacy
In 2007, the FDA issued the first 510(k) clearances for HairMax LaserComb whose primary purpose was the treatment of hair loss.
What ensued was a boom in the hair recovery industry.
Numerous well-known brands began developing their own hair growth devices, providing customers with a lot of options.
With this in mind, our goal is to assist you in making the right decision and purchase the best laser hair growth device based on real results.
12 Best Laser Hair Growth Devices
Now that home-use LLLT devices are widely available, and you have more options to choose from, it’s more difficult to pick one that’s suitable for you.
You can find LLLT devices in plenty of formats, including:
- caps or helmets
- handheld combs or brushes
- stationary hoods (usually for clinical use)
For today’s post, we have analyzed 12 of the best laser hair growth devices on the market based on technical specifications, performance, real results, and cost.
Most of these devices are FDA-cleared and well appreciated by the majority of buyers, so it’s more likely that you’ll find what you are looking for.
Nevertheless, you can keep reading about laser devices for hair growth here — one of our reference and a great place to fill your curiosity.
HairMax RegrowMD Laser Cap 272
RegrowMD Laser Cap 272 by HairMax takes the first place in our top list, ticking all the right boxes to give you a safe experience and a satisfactory therapy, at home. HairMax gained its trust in the past years, releasing way more products than any other competitor.
With a broad experience in the domain, HairMax excels in constantly improving its devices in order to meet even the highest expectations.
In fact, they are one of the most prominent brands in the hair restoration industry, having no less than five devices released so far.
Remarkably, the RegrowMD Laser Cap 272 holds numerous clearances, licenses, and medical recommendations, which says more than enough about its safety.
More precisely, this device holds:
- 8 FDA clearances
- 7 clinical studies
- 14 international medical licenses
- 6 published medical studies
HairMax RegrowMD Laser Cap 272
- Best laser hair growth device of 2019
- 7 FDA clearances and holds 14 medical device licenses worldwide
- 3 times weekly, 30 minutes per usage, visible results in 1 to 2 months
Special Offer: HairMax Laser 272 PowerFlex Cap with $250 off right now with this Discount Code: HL250. Check on their official website.
About RegrowMD Laser Cap 272
Designed with 272 high-quality lasers, RegrowMD provides full scalp coverage, energizes and awakens hair follicles, and delivers very effective treatment for hair loss. Along with the finest technology, makes out of this device one of the best hair growth systems available on the market.
To ensure the user’s safeness, the HairMax team has undergone multiple long-term performance trials and studies for RegrowMD.
Most patients involved noticed visible improvements after 1 to 2 months. By the end of the treatment, their hair was thicker and stronger. It’s also claimed to have a 90% success rate with 129 additional new hairs per inch square on average.
Given all of the above, RegrowMD is undoubtedly one of the best choices for a laser hair growth device, with a strong brand behind that testifies its quality.
- High number of lasers which means better coverage and deeper penetration
- Very comfortable for home use
- Holds many clearances and licenses worldwide
- Reputable and trusted brand
- The efficacy has been proven by real studies and clinical trials
- Some customers complained about not being large and flexible enough
Kiierr FDA-Cleared Laser Hair Cap System
Our second best choice is represented by Kiierr’s 272 Laser Cap System that uses premium laser diodes of 650nm wavelength for maximum hair growth.
Thanks to this device, you can grow your hair even while sleeping as it automatically turns off when the treatment session ends.
With 30 minutes of usage per day, Kiierr Cap promises to help you treat thinning and balding hair, encourage healthier hair follicles and reverse hair loss.
Kiierr Laser Hair Cap System
- FDA cleared with no reported side effects.
- Wear it 30 minutes every other day
Kiierr Laser Hair Cap uses scientifically proven LLLT technology to regenerate the hair follicles, giving them increased energy & blood flow.
We’ve seen many people appreciating the cap’s material quality that makes it very easy and comfortable to use. Basically, you just have to put the device on your head and push the one button to begin the regrow session.
The cap’s circumference is a common concern as there is always the chance the helmet won’t fit. Fortunately, that’s not the case with Kiierr, because it was designed to fit 90% of the world’s population with head sizes up to 23.5″.
It takes about 30 to 90 days for the therapy to stop hair loss, and between 90 to 180 days to observe new hair growth. After this cycle, you will be able to enjoy thicker, fuller, and healthy hair.
- 7-months money back policy
- Fits heads sizes up to 23.5″ circumference
- Free shipping
- Not available on Amazon
illumiflow 272 Hair Growth Device
Comfort, durability, affordability, and effectiveness are the first things that come to mind when we think about illumiflow 272 — a well-appreciated device crafted with 272 lasers to ensure maximum coverage and optimal results against hair loss.
Confident with their product, illumiflow offers a 5-years warranty for their hair growth device. Don’t worry, the battery is supposed to last up to 20,000 sessions, covering the entire treatment period, so it’s very unlikely that you will need this warranty.
illumiflow Hair Growth Device
- FDA Approved
- Uses 272 premium laser diodes for full scalp coverage
Precisely, the treatment with the illumiflow device is expected to provide the most optimal results in 6 months of regular therapy. However, in most cases, the first noticeable changes are seen after 4 months of use.
This is slightly longer compared with the other devices, and some users haven’t reported any improvements even by the end of the therapy, which may be a little discouraging.
On the other side, there are plenty of people who have been helped by the illumiflow laser cap to combat hair loss, having a high satisfaction rate.
Nevertheless, we consider illumiflow 272 a solid choice, and if it doesn’t work, you can always get your full money back — awesome!
- They offer a 5-years warranty
- 272 low-level lasers for full coverage
- FDA-cleared for 100% safe and effective use in the treatment of hair loss
- Lasts up to 20,000 treatment sessions
- Advanced cooling technology to protect lasers
- The cap is not really comfortable and flexible
Don’t miss this chance
If you want to purchase illumiflow 272 now is the right time. You can get the device + DHT blocking vitamins and a hair growth guide book at a special price.
iRestore Laser Hair Growth System
Then, there is the iRestore Hair Growth System built by Freedom Laser Therapy on June 25, 2019. Best-selling laser hair growth device of 2019, iRestore represents the first go-to option for thousands of people around the world.
At the base of the iRestore’s performances are 51 lasers, working with wavelengths of 650nm red light, known to increase the hair growth rate by over 15% in 3-months.
- 51 medical-grade lasers
- Approved by the FDA
- Excellent results in two months
Besides, iRestore has a Professional version designed with 3x more lasers providing wider coverage and deeper penetration.
With thousands of sales, iRestore did not disappoint its customers — instead, it got a rating of almost five stars out of five. Due to the extremely positive feedback, we firmly believe that the iRestore System is one of the very best hair growth devices out there.
- 282 medical-grade lasers
- More coverage & deeper scalp penetration
The device’s lasers radiate light energy absorbed by the hair follicles to naturally stimulate the hair growth phase, enhance cell metabolism rate, and reactivate the follicles.
Furthermore, the National Taiwan University Hospital has undergone a clinical trial to test the efficacity of the iRestore, on March 30, 2015. The study, conducted by Mai-Yi Fan, included a total of 100 volunteers, treated with iRestore on one side of the scalp, and on the contralateral side with an ungenuine device.
By the end of the therapy, iRestore has shown to promote hair growth. “The side treated with the iRestore resulted in greater improvement in hair count, thickness, and coverage,” says Mai-Yi Fan.
For an in-depth analysis of this device, you can read our full iRestore review.
- Extremely durable
- Well-known and trusted brand
- The efficacy has been proven by official studies
- Recommended by real doctors
- Features two versions for every budget
- Full scalp coverage & deep penetration
- Offers 1-year manufacturer’s warranty against defects
- Help thicken the hair plus improve volume
- Great for both women and men
- You have to plug it or to buy the battery pack in order to move freely during the therapy
Capillus Laser Cap for Hair Loss
Capillus joins the competition with an incredible hair growth device featuring three different versions designed to secure the optimal treatment for everyone’s needs and conditions.
Even though the device has three options, they are very similar in terms of technical characteristics. Nevertheless, the main difference is represented by the number of lasers that each device uses.
So first off, there is the CapillusUltra designed with a total of 82 lasers. This version is powerful enough to provide medium coverage and optimal results for those who are facing the first stages of hair loss.
Then, there’s CapillusPlus with 202 lasers – perfect for full coverage and more powerful, so it’s able to treat more severe hair loss conditions.
Finally, you can choose the latest device, CapillusPro, featuring 272 lasers.
Capillus Laser Cap
That being said, it’s important to know that it was never proved that a higher number of lasers regrow the hair faster or provide better results.
Despite this, people still prefer to use the Plus and Pro versions because they simply feature more lasers and increased coverage.
Still, one thing is for sure, Capillus managed to bring three advanced hair growth devices perfect for combating hair loss at home.
Are you still not convinced? Read our full Capillus Laser Cap Review and see why and which Capillus device is the best for you.
- Features a total of 3 versions designed with 82, 202 respectively 272 lasers
- FDA-cleared for home use
- Mobile application
- Is very flexible
- Has 2 sizes regular and XL
Theradome PRO LH80 Laser Hair Growth Device
If you have not achieved satisfactory and visible results or failed with the previous experiences, it’s the right time to change that.
Many people have repeatedly failed before finding the best hair growth device for their needs. For some of them, Theradome PRO LH80 was the last stop.
Their device is praised by America’s top hair restoration experts and clinics for its quality and results. The FDA has approved this product’s safety and performance as well.
Theradome PRO LH80
- Medical Grade Laser Hair Growth Helmet
- FDA Cleared
- Optimal results in 180 days
Theradome PRO LH80 was built in two versions – with 40 and 80 lasers, both working with a wavelength of 680 nanometers.
With regular use, 2 times per week for the 80 version, and 4 times weekly for the other version, 20 minutes per usage, these devices guarantee optimal results and a significant improvement in the new hair count in less than 180 days.
Having a rechargeable battery, the Theradome hair growth device can last up to 18,000 usages, pretty much covering a lifetime treatment against hair loss.
Finally, with widespread praise and a success rate of over 90%, PRO LH80 picks a solid position on our ranking of the best devices for hair loss.
- Nominated for the best Hair Restoration Treatment of the Year
- FDA cleared for being effective in men & women
- They offer 6-month money back guarantee
- Recommended by doctors
- The rechargeable battery lasts about 7 to 9 sessions
- The helmet was designed to fit 98% of the world’s population, it fits heads sizes up to 24 and 3/4 inches
- Poor customer support
iHelmet Hair Growth Device
iHelmet is a smart choice for those who need complete coverage treatment. The 160 low-level lasers with a power of 650 nanometers/ 5 milliwatts ensure the best experience and hair growth over the entire area of your scalp.
Whether you are a man or woman, iHelmet has shown exceptional results and is more likely to work for you. However, it has not been proven effective for people with dark skin tones — Fitzpatrick skin types 4 and 5.
With this in mind, it’s recommended to check the Fitzpatrick chart and know your skin type before buying the iHelmet device.
- Smart Low-Level Laser, Hair Growth Helmet
- 88 to 160 laser diodes hair loss treatment for women & men
- Results in two months
Unlike other devices, iHelmet also treats your hair with a better approach – it’s accompanied by a mobile app that helps create a tailored hair regrowth process for each user individually.
The application features a lot of useful stuff like reminders, records, evaluation, and different hair loss modes for treatment.
- Mobile application with reminders and evaluation of the therapy progress
- Full coverage
- 6-months money back guarantee
- It was not tested in real trials
- Poor website
HairMax LaserBand 82
With a well-deserved place in the Hair Restoration Treatment of the Year Awards of 2018, LaserBand 82 is another HairMax device considered one of the best systems in preventing and treating hair loss.
As officially proven in authorized studies, it helps the hair grow thicker, longer, and stronger when used regularly.
It’s suggested to follow the therapy with LaserBand 82 device three days per week, about 90 seconds per session. Most customers noticed new hair count after only 60 days of usage.
HairMax LaserBand 82
- 82 Medical-Grade Lasers
- FDA Cleared
- 90 secs, 3 days a week, 2 months to achieve optimal results
Interestingly, LaserBand 82 has two treatment modes of 30-seconds and 4-seconds. Both do the same thing but in a different way.
The 30-second option is triggered by pressing the power button once. In this mode, the device does only one cycle covering the entire area of your scalp with a single front-to-back movement.
If you decide to go for the second mode, you need to push the button twice. The head gets entirely covered 6 times by different cycles with a 4-seconds interval.
They add some variety in the operation of the LaserBand device, hopefully allowing more people to see good results.
- Trustful brand
- Comfortable design & easy to carry
- Tested in real trials
- The number of lasers and the coverage level are not enough for severe conditions
GrivaMax 272 Hair Growth Device
This holistic helmet caters for all hair issues at a time, using 272 proprietary lasers structures for effective hair growth.
The device uses low-level laser lights that go deep into the scalp, reaching the hair follicles within 20 to 40 minutes of therapy duration.
Because the energy levels and wavelengths used are of similar effectiveness med-wise, your hair follicle cells are significantly stimulated to rejuvenate, regrow, and strengthen your hair.
GrivaMax LLLT Cap assures full scalp coverage, correctly helps improve your hair, accelerates growth, making it thicker and shinier.
GrivaMax 272 Hair Growth Device
GrivaMax Laser Cap is safe for home-use, designed and produced to treat thinning, loss hair and balding in men and women, and is FDA approved.
This laser treatment stimulates the hair’s follicle cells in any phase of the cycle of hair growth, assuring better cellular breath.
Proper respiration of the cells goes further to improve the functionality of the follicles, thereby giving your hair a healthier appearance.
With regular use of the GrivaMax hair growth device, you can expect to see an improvement in hair condition within a 12 to 25 weeks period. The combination of features in this LLLT device works together to deliver best-in-class results that can add life-changing confidence.
- Great for both men and women
- They offer 1 year warranty and 6 month money-back guarantee
- Unknown brand
LESCOLTON Hair Growth Helmet
Even if LESCOLTON is not such a famous brand in the hair growth industry, it still managed to produce a high-tech hair growth helmet that is capable of delivering optimal results in less than 6 months.
Otherwise, they will give you the money back. You read that right. The brand shows confidence in their product by offering a full refund for all unsatisfied customers.
LESCOLTON Hair Growth Helmet
The LESCOLTON helmet features a total of 56 lasers and infrared lights designed to reach every area of your scalp and provide a full coverage therapy.
The interesting part about LESCOLTON is that it offers four different applications and modes which not just that stimulate hair growth, but also increase the hair volume and revitalize the hair roots.
Sounds good, but shall we trust them? They claim that the device was subjected to a clinical study in 2017, which resulted in a 100% success rate.
The brand does not mention anything about FDA approval. Still, they claim that the device is clinically proven and tested for home use.
- Clinically tested
- Wide coverage
- 6-months money back policy
- Unknown brand
- Not FDA-approved
SuperGro Laser Hair Growth Device
With a 3-years warranty, 3 bottles of hair growth boosters, and a battery rated for 20,000 uses, the laser hair growth device by SuperGro provides a complete therapy, safe for both your health and pocket. The 272 lasers produce a pulsing effect, known to offer better results than normal exposure to lasers. Yes, instead of just keeping the light over your scalp, this device sends waves of lights intermittently fast. This effect is believed to stimulate hair follicles even more.
SuperGro claims to hold FDA clearances and approvals, guaranteeing results between 12 to 20 weeks, if using the cap only 3 times per week with 15 minutes sessions.
The cap is quite comfortable and large enough, although it’s not flexible. It’s designed to cover just the top of the head, so you should consider the other devices if you are looking for full scalp coverage.
HairMax Laser 272 PowerFlex Cap
This is the latest cap-shaped device released by HairMax — an ultimate hair growth system.
Designed with top-tier technology and with 272 lasers, PowerFlex Cap delivers excellent results with full scalp coverage, helping you to get rid of hair loss in less than 2 months.
The engineers of HairMax did not leave room for mistakes, having built a safe device with an extremely comfortable design.
Aside from that, clinically tested, HairMax Laser 272 has been proven to boost blood flow to the hair follicles, bringing in more oxygen and nutrients, naturally stimulating hair growth in women and men.
Do you want to buy HairMax Laser 272 PowerFlex Cap?
Hairmax offers a great deal! Get the device at a special price if you use the Discount Code HL250! Sounds interesting? Check it here.
7 Things You Need to Know Before Buying a Laser Hair Growth Device
Have you decided to try a laser hair growth device?
If you do, you have to consider the following aspects before you buy a device for yourself.
Does laser therapy really regrow hair?
Yes, lasers have medical applications against hair loss. They are proven to promote hair growth and optimally prevent future hair loss.
If you want more info, we suggest reviewing these recent studies that demonstrate the connection between hair loss treatments and low-level laser therapy.
Furthermore, in 2004, an official hair growth clinical study involved 123 patients aged between 30-60 years, suffering from hair loss. The patients were treated 3 times per with HairMax LaserComb 3 for 26 weeks.
The results showed that 93% of the patients treated with LLLT experienced a positive impact on hair density and strength with an overall improvement of the hair condition.
With that, the authors of the study concluded that the laser cap was effective in the promotion of hair growth in both male and female patients with androgenetic alopecia.
Which is the best laser device for hair growth?
There are numerous laser caps currently in use around the world.
Our choice for the best laser hair growth system goes undoubtly to HairMax RegrowMD 272 and Kiierr. However, more or less, most devices perform the same, and the differences between them are almost imperceptible.
Regardless of what your choice is, make sure the device is approved by the FDA. Otherwise, you may be exposed to huge health risks during the therapy sessions.
Another crucial aspect that reflects the quality of the device is the lasers’ wavelengths. “The wavelengths in the 600-700 nm range are effective with superficial tissues, and the wavelengths in the range of 780-950 nm are efficacious with deep issues,” says David Perez-Meza, medical director and hair surgeon at Perez Meza Hair Institute.
Does hair growth devices work for everyone?
The type and severity of the user’s hair condition have a significant impact on the therapy results. The LLLT records major improvements in the early stages of hair loss, however, it can be effective for more severe conditions, even though the results are not guaranteed.
Aside from that, the laser therapy works for both women and men, regardless of the hair type.
Do lasers work for young and aged people?
As long as your hair follicles are still alive, regardless of your age, they will be able to receive oxygen and nutrients from lasers.
This improves the blood circulation, and as a result, the hair will grow quicker & thicker than before. Also, the inactive hair follicles become active again.
So the short answer is definitely yes. A hair growth device will provide optimal results in both young and aged people. However, the process may be slower in aged people as they usually have less active hair follicles than younger people.
Are therapy lasers devices safe for home use?
Until now, no harmful effects associated with LLLT have been recorded. More than that, LLLT has been proven to be safe for home use.
However, you should avoid exposing your eyes to the lasers during the therapy.
What are the possible side effects of laser hair growth therapy?
The low-level laser therapy has been used for over 50 years for medical purposes, and the results have been promising.
The only major adverse effect has been the temporary onset of telogen effluvium (thinning and shedding of hair) in the first 1–2 months.
Besides that, dry skin, irritation, or mild headache were reported in a few cases.
Do you need more reasons to use a laser hair growth device? It’s simply the best option you’ve got for home use right now.
You are offered plenty of options by the most respected brands in the industry. Our team has placed their bet on the reviewed 12 devices, but you may find many others on the market.
Don’t take our word for it – be sure to deeply research each of the options you find.
And most importantly, make sure that the device has been cleared by the FDA.
You might also want to read:
- 14 Foods for Hair Growth & What to Eat to Combat Hair Loss
- 8 Best Redensyl Products For Hair Loss: Amazing Results
- 8 Best Laser Combs for Hair Growth in 2020
- 7 Best DHT Blocker Shampoos to Stop Hair Loss and Promote Hair Growth
- https://www.researchgate.net/publication/334638457_Low_Level_Laser_Therapy_in_Hair_loss_and_Hair_Transplantation, published by David Perez-Meza, January 2009
- https://link.springer.com/article/10.1007/s10103-018-02699-9, published by Poonkiat Suchonwanit, December 2018
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3944668/, Low-Level Laser (Light) Therapy (LLLT) for Treatment of Hair Loss published by Pinar Avci, August 2013
- https://journals.lww.com/dermatologicsurgery/Abstract/2018/11000/Efficacy_and_Safety_of_a_Low_Level_Light_Therapy.9.aspx, published by Mai-Yi Fan

domain: medical