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France Corporate Misconduct

Skadden, Arps, Slate, Meagher & Flom LLP

Decoding AFA’s Guide: A Comparison of Sponsorship and Charitable Donations in France, the US and the UK

On March 26, 2024, the French Anti-Corruption Agency (AFA) published a guide on how to engage in corporate sponsorship and charitable donation activities while appropriately mitigating corruption risks (the Guide)...more

White & Case LLP

A View from Abroad: Unpacking DOJ’s M&A Safe Harbor Policy, Part II

White & Case LLP on

On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

NAVEX

EU Whistleblower Protection Directive Updates: France

NAVEX on

Since December 2021, all EU member states must comply with the legal requirements of the EU Whistleblower Protection Directive. The Directive was designed to protect, empower, and enhance the reporting options available to...more

NAVEX

EU Whistleblower Protection Directive: September Round Up & FAQs

NAVEX on

By 17 December 2021, EU Member States were required to transpose the EU Whistleblower Protection Directive into their national law. The Directive’s purpose is to provide more robust protection across all EU countries for...more

Littler

Implementation of the European Directive on Whistleblowing in France: Extending the Whistleblower Qualification and Strengthening...

Littler on

On October 23, 2019, the Council of the European Union and the European Parliament voted to approve European directive n°2019/1937 on "the protection of persons who report breaches of Union law." In France, this directive is...more

K&L Gates LLP

Sapin II: What Recommendations Should Be Followed From 2021 Onwards?

K&L Gates LLP on

The French Law n°2016-1691 of 9 December 2016 relating to transparency, the fight against corruption, and the modernization of economic life, known as the “Sapin II” Act,1 introduced to legal entities additional compliance...more

Dechert LLP

French Ministry of Justice issues additional guidance which confirms that France will continue to be an active player in...

Dechert LLP on

Since the enactment of Sapin II, the lead French investigating and prosecuting agencies have entered into eleven Conventions Judiciaire d’Intérêt Public (“CJIPs”), which are the French equivalent of deferred prosecution...more

Cohen & Gresser LLP

Adoption d’une directive européenne sur la protection des lanceurs d’alerte

Cohen & Gresser LLP on

La directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union (la « Directive ») a vocation à établir des normes minimales...more

Cohen & Gresser LLP

Adoption of a European Directive on the Protection of Whistleblowers

Cohen & Gresser LLP on

Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the “Directive”) is intended to establish common minimum standards among...more

Skadden, Arps, Slate, Meagher & Flom LLP

Transatlantic Approach on Corporate Cooperation: How Newly Issued French and UK Guidance Compare to US Practices

As widely anticipated, French and U.K. regulators recently published guidance detailing their expectations for corporate cooperation in enforcement investigations. Both sets of guidance demonstrate further alignment of those...more

Kramer Levin Naftalis & Frankel LLP

The First PNF/AFA Common Guidelines

When Law No. 2016-1691 (Sapin II Law) created the convention judicaire d’intérêt public (CJIP), modeled after the American deferred prosecution agreement (DPA), it was feared that the existence of potentially dueling French...more

White & Case LLP

Corporate-led internal investigations become a prerequisite to enter into a French DPA

White & Case LLP on

France is aligning itself with the US model of corporate prosecution - The new guidelines released by both the French Anticorruption Agency ("AFA") and the National Financial Prosecution Office ("PNF") on 27 June, 2019...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

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