On 27 November, Deveboise & Plimpton published an article saying that the French Court of Cassation issued a landmark decision whereby public limited liability companies may now be held criminally liable for the prior criminal conduct of the companies they acquire through mergers. The decision ruling covers so-called “merger by acquisitions”. The article says that corporations contemplating “merger by acquisition” deals should now factor this additional risk of criminal sanctions when performing their due diligence and negotiating disclosure and warranties clauses.
I had omitted the following link (as it did not seem to generate much interest!), but it seemed time to add it again and say that, if you would like to make a (polite) gesture and help me with my removal and computer costs, I have a page at https://www.buymeacoffee.com/KoIvM842y