Tag Archives: Ariane Fleuriot

France Makes U-Turn on Corporate Successor Criminal Liability

by Antoine F. Kirry, Alexandre Bisch, Aymeric D. Dumoulin, and Ariane Fleuriot

On November 25, 2020, the French Court of Cassation (France’s Supreme Court) issued a landmark decision[1] whereby public limited liability companies may now be held criminally liable for the prior criminal conduct of the companies they acquire through “mergers by acquisition.”[2] This decision departs from existing case law. It will likely create an increased post-merger criminal liability risk for acquiring companies and a correlative incentive to enhance their pre-merger due diligence efforts.

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COVID-19: Three Data Protection Tips for the EU and the UK

by Jeremy Feigelson, Avi Gesser, Jane Shvets, Ariane Fleuriot, Fanny Gauthier, Robert Maddox, and Dr. Friedrich Popp

As businesses adapt to the COVID-19 pandemic, the challenges of managing a remote workforce and its desire for information about the virus’s impact have significant data protection implications. While European Data Protection Board (“EDPB”) guidance (PDF: 211 KB) confirms that the GDPR should not impede the fight against the pandemic, even in these exceptional times, companies must continue to safeguard individuals’ data protection rights.

We share here our top three tips for those who oversee data protection compliance, drawing on guidance from the EDPB (PDF: 211 KB), UK, French, German, and Irish supervisory authorities. Links to other authorities’ guidance are accessible here. Continue reading →

The EPPO and International Co-Operation –– New Kid on the Block

by Karolos Seeger, Jane Shvets, Robin Lööf, Alma M. Mozetič, Martha Hirst, Antoine Kirry, Alexandre Bisch, Ariane Fleuriot, Dr. Thomas Schürrle, Dr. Friedrich Popp, Dr. Oliver Krauß

The European Public Prosecutor’s Office (“EPPO”) is a new European Union body responsible for investigating and prosecuting criminal offences affecting the EU’s financial interests in 22 of its 28 Member States.[1] The EPPO is expected to begin investigations in November 2020.

Fraud against the financial interests of the EU is an international phenomenon: in 2018, the European Anti-Fraud Office (“OLAF”) concluded 84 investigations into the use of EU funds, 37 of which concerned countries outside the EU.[2] In this part of our series of analyses of the EPPO[3] we, therefore, consider the framework for the EPPO’s future international co-operation. This includes dealings with enforcement authorities in non-participating EU Member States as well as the rest of the world.

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Policing Your Own Jardin – France Signals Eagerness to Take Control of Its White Collar Enforcement

by Antoine F. Kirry, Alexandre Bisch, Frederick T. Davis, Robin Lööf, Line Chataud, Ariane Fleuriot, Fanny Gauthier, and Alice Stosskopf

In light of well-publicized U.S. enforcement actions against French companies (Alstom, Total, Technip, Alcatel, BNP), the French government asked MP Raphaël Gauvain to consider measures to protect French companies faced with foreign extraterritorial judicial and administrative procedures. His long-awaited report was published on June 26, 2019. Entitled “Restoring French and European Sovereignty and protecting our companies from extraterritorial laws and measures,” this 100-page document points out the lack of effective legal tools available to French companies faced with extraterritorial proceedings. Drawing on this, the report makes several recommendations. Continue reading →