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In years of constant new lows and bad – when not catastrophic – news, it may seem trivial to put together a newsletter on newsworthy white collar, litigation & investigations unfolding in France over the last twelve month.

The drive for the Rule of law (under siege globally) should lead us to consider what it is that led us to where we are today; what imbalance have each one of us contributed to and what makes the law just.

Legal practitioners have a special duty as advisors people turn to when in doubt (or compelled). When all things are relative, we need to focus on shedding light on how things are, rather than we or others would like them to be. In doing so, we will be serving what is right.

Special thanks to Thomas Lapierre, Salomé Garnier, Pierre Calderan, Nicolas Maia, Laura Ragazzi, Juliette Musso, Ella Gomes, Alexandre Desevedavy, Louis Beltaire, Alexandre Coudreau, Pauline Bomm, Théo Mercier, David Duran-Hernandez, Tanguy Cremet, Félicie de Lambilly and Mélinée Aprikian.

We look forward to seeing you in Paris or elsewhere soon!

Julie Zorrilla & Stéphane de Navacelle

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The past year was marked, in particular, by:

A European impulse on French texts

• Assessment of the first months of activity of the European Public Prosecutor’s Office, Read analysis
• The French duty of care in the context of its Europe-wide application, Read analysis
• Lobbying: declaration obligations of interest representatives in France, Read analysis

A certain jurisprudential focus on tax fraud

• Illegal banking solicitation and laundering of aggravated tax fraud : new step in the UBS file, Read analysis
• The cumulation of criminal and administrative sanctions in tax fraud, Read analysis
• CumEx files, from tax optimization to tax fraud ? Read analysis
• CJIP concluded between JPMorgan Chase Bank, National Association and the Financial Public Prosecutor, Read analysis

A strong activity by regulatory authorities

• CNIL imposes the largest sanctions in its history on Facebook and Google, Read analysis
• The right to silence during investigations by the Autorité des Marchés Financiers, Read analysis
• The Autorité de la concurrence publishes an update of its framework document on competition compliance programs, Read analysis
• Several practical guides have been published by the French Anti-Corruption Agency,  including:
  • to preventing conflicts of interests, Read analysis
  • to support small and medium-sized companies, Read analysis
  • on anti-corruption accounting controls, Read analysis
  • AFA and PNF Practical Guide on the internal anti-corruption investigation, Read analysis
• The French DPA (“Convention judiciaire d’intérêt public”) on the way to simplification, Read analysis
• LVMH concludes a CJIP and escapes prosecution in the “Squarcini case”, Read analysis

A special focus on corporate social and environmental responsibility

• The challenges of environmental criminal law in the light of the deferred prosecution agreement in environmental matters, Read analysis
• The French duty of care in the context of its Europe-wide application, Read analysis

New anti-corruption assessments and clarifications

• OECD Convention on Combating Bribery in France Phase 4, Read analysis
• The post-Sapin 2 law: merely modifications or a real revolution? Read analysis
• When arbitration and compliance meet up: analysis of their first interplay, Read analysis
• Several practical guides have been published by the French Anti-Corruption Agency (cf. analyses above)

And useful clarifications in white collar crime

• Attorney-client privilege :
  • Impacts of the attorney-client privilege reform on white-collar practice, Read analysis
  • The criminal division of the Court of cassation opens the way to an in concreto assessment of documents, allowing them to benefit from the protection of attorney-client privilege, Read analysis
• Criminal liability of legal persons: Transfer of criminal liability following a merger or acquisition, Read analysis
• Homologation of a CRPC: The criminal division of the Court of cassation confirms no appeal is possible against a decision of denied homologation of a guilty-plea procedure in the absence of a misuse of powers by the judge. Read analysis