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French Supreme Court Extends Transfer of Criminal Liability During Merger by Absorption to All Company Types

The criminal liability of the absorbed company is transferred to the absorbing company, regardless of the corporate form of the company involved in the merger by absorption. In a ruling handed down on May 22, 2024, 1 the...more

France’s New Guidelines on Deferred Prosecution Agreement Offer Welcome Clarity

The guidelines provide useful insights into the mechanism of settlement agreements in criminal cases, and supersede previous guidelines published on June 26, 2019. Article 22 of Law No. 2016-1691 of December 9, 2016...more

Analysis: French Sanctions Regime for Digital Asset Service Providers and Token Issuers

Various sanctions may apply against DASPs and token issuers that operate in France in contravention of applicable rules. France was a pioneer in establishing a legal framework for the regulation of digital assets and...more

French Parliament Publishes Evaluation Report on Corporate Duty of Vigilance Law

The report, published on 24 February 2022, assesses the implementation of the existing French corporate duty of vigilance law. French Statute No. 2017-399 of 27 March 2017 (the 2017 Statute) created a duty of vigilance...more

France Reverses Position on Transfer of Criminal Liability in Mergers

In light of a landmark decision from France’s highest court, acquiring companies will have to give greater consideration to criminal risks potentially weighing on them as a result of the merger. The Cour de cassation (the...more

How Will the EU Representative Action Directive Affect France’s Class Action Regime?

As the Representative Action Directive enters into force, France will have to adopt a cross-border mechanism and expand the scope of entities qualified to bring consumer class actions. The European Parliament has endorsed...more

Impact of COVID-19 on French Law Governed Contracts: Update

Companies may consider reassessing their options regarding contract enforcement in light of the recent court decisions handed down and regulatory measures adopted. Key Points: ..A number of French courts have considered...more

Impact of COVID-19 on French Law Governed Contracts

How can companies respond to the impact on the COVID-19 crisis on their current contracts, either because a reduced workforce, interrupted supply chain, or governmental orders to shut down businesses? On 30 January 2020,...more

Much-Awaited Clarifications on the French Deferred Prosecution Agreement

The French National Financial Prosecutor and the French Anticorruption Agency have released guidelines on the French deferred prosecution agreement, that offers a few welcome clarifications. After years of debate on the...more

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