Management packages have developed with the rise of LBO deals. They serve as an incentive to managers – keys persons to the success of a LBO deal – by enabling them to have a stake in the capital and, therefore, to benefit from an exit capital gain, in conditions that are generally relatively favorable. For […]
Real estate agencies are appointed by the owners of a real estate property who wish to sell or to lease their property. In this respect, under applicable French legislation, the real estate agency receives a mandate to enter into a sale/lease contract with a third-party. Pursuant to an established case law, the real estate agency, […]
The Pinal Law significantly amends the rules governing commercial leases and provide for a number of strong measures, among which limiting rent increases, restricting circumstances where a tenant can waive its right to terminate the lease every three years, imposing more transparency in favor of tenants, and granting to tenants a right of first refusal […]
The Labor Chamber of the Cour de Cassation (French Supreme Court) does surprise me over and over again. I had already been taken aback by its decision of October 16, 2013 (n° 12-15.638) in which it explained (i) that there was nothing irregular for an employee declared totally unfit to drive any vehicle to do […]
Law n° 2014-856 of July 31, 2014 on the social and solidarity economy (“Law”) imposes new obligations on Small- and Mid-sized Businesses (“SMBs”) in case of share and business transfers. Any transfer implemented in breach of these obligations could be nullified. The new obligations introduced by the Law apply to the vast majority of French […]
In a decision rendered on July 2, 2014, the First Civil Chamber of the Cour de Cassation (French Supreme Court) confirmed its position and reaffirmed the principle according to which “the perpetrator of a damage must remedy all the consequences and the injured party is under no obligation to mitigate his/her loss in the interests […]
Strategic Lawyering