Tout opérateur économique se pose légitimement la question : la pandémie de coronavirus COVID-19, permet-elle de suspendre ou de mettre fin à ses obligations prévues par un contrat commercial devant s’exécuter en France en invoquant l’existence d’un cas de force majeure ?
“France’s attractiveness improved further in 2018, despite the slowdown in global growth, economic tensions and rising protectionism”. This assessment, mentioned in the 2018 annual report on foreign investment in France issued by Business France (French Agency responsible for fostering export growth by French businesses and facilitating international investment in France) confirms France’s enhanced attractiveness in 2018.
Attractiveness, however, does not mean lack of control, provided that a simple and fast legal framework is offered to foreign investors.
The French Anti-Corruption Agency, created by Law No. 2016-1691 of December 9, 2016 on transparency, fight against corruption and modernization of the economy, commonly referred to as the “Sapin II Law”, has recently supplemented its recommendations by issuing a best practice guide for M&A transactions.
On January 30, 2020, the Court of Appeals of Lyon acquitted Cardinal Philippe Barbarin, defended in particular by Mr. André Soulier, of the charge of failing to report abuses with regard to the sexual assaults and rapes committed by Mr. Father Bernard Preynat on boy scouts he supervised between 1972 and 1991.
In this high-profile case, the judges of the Court of Appeals decided to overturn the first-instance judgement handed down by the Criminal Court of Lyon which had convicted Philippe Barbarin. Probably less receptive to the emotional turmoil legitimately created by this case, the appellate judges based their decision primarily on the strict application of the rule of law.
Private equity involves the association of one or more entrepreneurs and one or more financial investors who provide financing to unlisted companies and even sometimes listed companies.
In private equity transactions, investors are expected to exit in the short or medium term. Several exit routes are available to capital investors: trade sale, transfer to the management team, sale to another investment fund or initial public offering.
In today’s increasingly information dominated society, the National Assembly’s Law Committee has asked MPs Xavier Breton and Didier Paris to carry out a fact-finding mission on the secrecy of pre-trial investigations and inquiries.
In their report published in December 2019, they rightly point out the inconsistencies that surround this principle, which is fundamental, but which is undermined by the legitimate need for information. Beyond this observation, the rapporteurs draw up a list of recommendations in order to adapt the secrecy of pre-trial investigations and inquiries to the evolutions of today’s society.
Strategic Lawyering