[M&A] Attribution of knowledge – Obligation to provide information, fraud and fraudulent retention of information – but who actually possesses the information?

It happens frequently that following the acquisition of a business, the acquirer, dissatisfied with the deal, attempts to obtain compensation for damages on the grounds that seller withheld decisive information. Another frequently used strategy is to try to have the contract annulled on the grounds of fraud or fraudulent retention of information. The acquirer is…

[ENERGY] Development of PV projects in France : beware of protected species!

On the basis of European Union Directives[1], French regulations have for more than 10 years established a principle of strict protection regarding the “protected species” (“espèces protégées”).  Developers of PV projects in France have for a long time and often because of a lack of information missed the issue. Yet, some local environmental authorities have…

[VIDEO] The Negotiation Academy

In which cases should we use resolution by mediation? What skills are required to recognize a good mediator and negotiator? Martin Hauser, judging the finals, answers these questions asked by The Negotiation Academy following the 4th edition of the international mediation competition of IBA-VIAC CDRC in Vienna. 1- What cases should lawyers recommend for mediation? [video src=”https://bmhavocats.com/assets/uploads/2018/09/what-cases-should-lawyers-recommend-for-mediation.mp4″…

[CORPORATE LAW] International corporate mobility: the CJEU allows companies to change nationality without effectively transferring their activity

In a highly notable judgment issued on 25 October 2017 – Polbud[1], the Court of Justice of the European Union opens up the possibility for companies to submit to the law of another Member State by transferring their actual place of incorporation, whilst continuing their economic activity in the original Member State. The CJEU thus…

[RESTRUCTURING] France has introduced a flexible and efficient security trustee for syndicated loans

Since 1 October 2017, French law has been giving members of banking pools security agents comparable to the security trustees of the Anglo-Saxon system. The security agent can now manage all securities and guarantees (personal, real, French or foreign). As a special fiduciary, he or she holds securities and acts without an additional mandate to…

[LABOUR LAW] The reform of the Labour Code: What the Macron orders contain – Although rules regarding grounds for dismissals have been relaxed, companies must remain cautious when drafting termination letters

”Technicalities must not override substance”, was one of the leitmotivs of the Macron government as it presented its orders on the reform of the Labor Code. In other words, employers should not be punished (too harshly) if they fail to comply with a complex and constraining procedural rule when their decision to terminate a work…

[LABOUR LAW] More flexibility in reducing workforce through collective agreement termination

The recent reform of French labour law provides a number of simplifications for companies to reduce their workforce. One of these reforms consists of a so-called collective termination agreement, without any justification for economic reasons within the meaning of the provisions on termination for economic reasons. In particular, the collective agreement is not subject to…