Legal Insights

In the unprecedented context of the health crisis created by the COVID-19 pandemic, private equity transactions slowed down sharply. Many funds have opted for a strategy aimed at focusing on their existing investment portfolio and supporting their investments to meet increased cash flow requirements.

This crisis also provides an opportunity to take a look back at a particularly dynamic year in 2019 for the French private equity investment market and to identify trends, both in terms of the investment methods hitherto favored by investors and in terms of the protection afforded to investors.

On May 11, 2020, the state of health emergency was extended through the adoption of Law No. 2020-546 which supplemented existing provisions. One of the purposes of this legislation is to mitigate the employer’s liability in the event of infection or exposure to infection by the Covid-19.

Indeed, many companies had to continue operating since the outbreak of the crisis, thereby exposing employees to the risk of infection. In the event of infection of one of them by the virus, the employer, i.e. both the natural person who is at the head of the company and the company itself as legal entity, may be held liable.

On June 2, 2020, the French Minister of Justice sent to all competent public prosecutors a circular for immediate application specifying France’s “criminal justice policy in the fight against international corruption”.

This circular sets out guidelines for legal action at all stages of criminal proceedings, from the information gathering stage to the determination of the mode of prosecution.

In the context of the COVID-19 pandemic, and more specifically the so-called “lockdown-lifting” strategy, the French Government decided to implement an app called “StopCovid” available on smartphones, the aim of which is to alert its users that they have been in close proximity to people who have been tested positive for COVID-19 and who use the same app, as this proximity entails a risk of transmission of the SARS-CoV-2 virus.

This is one of the digital devices implemented by the Government as part of this overall “lockdown-lifting” strategy.

On May 20, the President of the Paris Commercial Court, ruling in summary proceedings, considered that the requirements for establishing the existence of force majeure provided for in the framework agreement signed by EDF and Total Direct Energy were met and ordered EDF to accept the suspension of this framework agreement.

Before being discussed before the Commercial Court, the force majeure clause had already been debated during summary

Removing a child abroad without the permission of the other parent or in the absence of a court order can be a decision with far-reaching consequences. However, such situations are becoming increasingly frequent.

A parent may not deprive a child of his/her family environment and consequently of the presence of the other parent with impunity.

International cooperation has been organized through the adoption of bilateral or multilateral conventions to provide an efficient response to parents whose child has been abducted or retained.

The ultimate question that arises in every situation is as follows: what is in the child’s best interests?