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France Reforms Class Actions Regime

The new legislation facilitates easier access to class actions for litigants, which should lead to an increase in the use of class actions in the coming years....more

France Aligns With Brussels to Postpone CSRD Timeline

France, the first country to transpose the Corporate Sustainability Reporting Directive (the Directive or CSRD) through Order No. 2023-1142 of ­6 December 2023, Order No. 2023-1142 of 6 December 2023, concerning the...more

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

Forced Production of Internal Investigations Reports Before French Courts

Two decisions handed down in quick succession by the Paris and Toulouse Courts of Appeal highlight the complex interplay between interests at stake in each case. Both of the judicial decisions in question concerned...more

French Supreme Court: Unfairly Obtained Evidence Can Be Admissible in Civil Litigation

Amid the continued expansion of the right to evidence, the court reversed its previous position that evidence obtained through unfair methods was inadmissible. When asked to re-examine the relationship between the right...more

French Court Reaches Precedent Decision on the Duty of Vigilance Law

The Paris Judicial Court handed down the first ruling on the legal compliance of a vigilance plan. On 15 January 2024, the Paris Court of Appeal announced the creation of a chamber dedicated to emerging litigation, in...more

France Transposes Corporate Sustainability Reporting Directive Into Law

As the first EU country to transpose the CSRD into national law, France will gradually replace the EFPD with sustainability reporting under the new directive. The Corporate Sustainability Reporting Directive (the CSRD)...more

French HATVP Introduces New Lobbying Guidelines

The French High Authority for Transparency in Public Life aims to clarify the system for lobbyists and provide a more accurate view of lobbying activity, in order to enable further structural changes. On July 3, 2023, 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

New Whistleblower Protections in France: Considerations for Companies

Companies operating in France should implement or adapt their reporting mechanisms to comply with the new requirements. On 1 September 2022, new protections for whistleblowers in France entered into force. The protections...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 Government Seeks to Regain Control Over Enforcement of French Blocking Statute

A new decree and a ministerial order strengthen cooperation between French ministries, reflecting the government’s desire to monitor more closely certain foreign discovery requests. Overview - Originally enacted in...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

The Complex Commercial Litigation Law Review, 4th Edition - France

Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...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

Complex Commercial Litigation Law Review – France

Complex commercial litigations often stem from disputes arising out the conclusion, interpretation or performance of a contract leading the litigants to refer to the contractual provisions and to statutory law supplemented by...more

France Reforms Lobbying Rules: Government to Impose Criminal Penalties

Significant changes in the lobbying rules will implicate both individuals and entities that may not consider themselves as primarily lobbyists. Key Points: ..Lobbyists must comply with particularly constraining...more

France’s Major Anti-Corruption Reform: What’s Next for Companies and Their Top Management?

Changes to France's anti-bribery system require large companies and their top management to implement an anti-corruption compliance program. After a new examination of the bill by both Chambers of Parliament and the...more

French Anti-Corruption Reform Expected In 2016

France to introduce significant changes affecting large companies and top management, to improve current anti-bribery system. The French Parliament is expected to enact “Sapin II” on transparency, anti-corruption and...more

5 Questions About France’s New Health-related Class Action Law

The number of eligible associations and the law’s broad scope could portend a significant number of health-related class actions. A new law, referred to as Loi Santé No. 2016-41 and enacted on 26 January 2016, contains...more

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