International Webinar on Brexit

Jean-Luc Soulier will be speaking as a panelist at an upcoming World Law Group Fall eConference session "Brexit: Navigating a New Relationship". The World Law Group is a network of 59 leading independent law firms with more than 400 offices in major commercial centers worldwide, to which our Firm belongs.

The other panelists are John Hammond from the German law firm CMS Germany, Bernadine Adkins from the English law firm Gowling, and Rory Kirrane from the Irish law firm Mason Hayes & Curran.

The session, open to everyone, will take place on November 10 at 1:00pm CET.

Join the speakers as they navigate what the new relationship between the UK and EU will means for businesses.

To register, please click on the following link.

Share deal: What happens in case of seller’s omission in the representations intended to be exhaustive?

Florence Grangerat, Esq.

The decision of the Paris Court of Appeals of June 2, 2020 provides valuable insights into the interplay, sometimes complex, between the various agreements entered into between a seller and a purchaser of shares, which agreements generally include a promise of sale agreement subject to conditions precedent, a set of representations and warranties (called garantie d’actif et de passif under French law) and the final purchase agreement that acknowledges the fulfillment of the conditions precedent and the proper completion of the sale transaction.

The Court of Appeals ruled in particular on the consequences of the seller's failure to mention the existence of a significant customer contract in the representations whereas it had warranted to the purchaser that such representations were complete and exhaustive..

Recognition and enforcement of a US decision in France: The defendant’s disinterest in the American proceedings can be costly

Pauline Kubat, Esq.

In a decision dated September 16, 2020, the Cour de Cassation (French Supreme Court) ruled on the conformity of California law with French international procedural public policy. By the combined application of several California procedural rules, a French defendant had been deprived of a remedy. The Cour de Cassation, asked to rule in the context of the procedure for the recognition and enforcements of the American judgment, nevertheless considered that there was no violation of French international public policy.

Analysis of a decision with surprising implications.

A Facebook post to “friends” can lead to dismissal

Palesa Hove, Esq.

The Cour de Cassation (French Supreme Court) recently ruled that an employer can produce in court elements extracted from an employee's private Facebook account, to which it was not authorized to access, as long as (i) this production is indispensable to the exercise of its right to evidence, and (ii) the invasion of the employee's privacy is proportionate to the goal pursued.

The September 30, 2020 ruling offered the Cour de Cassation the opportunity to clarify several aspects of its case law on the use of social networks.

International Perspective: Uruguay’s Competition Law Reform introduced a new premerger control regime

This month, we are pleased to feature a contribution entitled Uruguay’s Competition Law Reform introduced a new premerger control regime authored by Juan Manuel Mercant, Jonathan Clovin and Renato Guerrieri from the Uruguayan law firm Guyer & Regules.

Uruguayan Law No. 18.159 on the Promotion and Defense of Competition has been recently amended, through the enactment of Law No. 19.833 last year (hereinafter, the “Reform”). The Reform sets forth significant changes that align Uruguayan Competition Law with international standards, and this initiative is framed within the recommendations issued by United Nations on its Uruguay report published on October, 2016, which resulted from Uruguay undergoing a “Voluntary Peer Review of Competition Law and Policy”, within the framework of the United Nations Conference on Trade and Development (“UNCTAD”). The Reform deploys some (though clearly not all) recommendations issued by UNCTAD.

Through the Reform, among other relevant amendments in Competition Law, Uruguay introduces a new and unified premerger control regime of prior authorization for certain economic concentrations.