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Criminal Liability › France › French Supreme Court

Latham & Watkins LLP

French Supreme Court Extends Transfer of Criminal Liability During Merger by Absorption to All Company Types

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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

Latham & Watkins LLP

France Reverses Position on Transfer of Criminal Liability in Mergers

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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

Hogan Lovells

France: Spectacular U-turn on successor criminal liability in M&A transactions

Hogan Lovells on

On 25 November 2020 the French Supreme Court (Cour de cassation) overturned its decade-long case law, ruling that corporations may now be held criminally liable for offenses committed by acquired entities prior to the merger....more

Jones Day

France Takes Next Step in Anticorruption Enforcement: First "French DPAs" and What Companies Should Know

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The Situation: Anticorruption legislation passed by French lawmakers in 2016 authorizes the resolution of a corruption matter by means of a "convention judiciaire d'intérêt public" ("CJIP"), the French version of a deferred...more

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