Archives: Mergers and Acquisitions

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Reduced Risk for International Companies Operating In France: Potential Removal Of Severe Sanctions For Failure to Consult with Works Councils

We are writing with another update on French labor law that could impact international corporate transactions.  French President Francois Hollande has proposed a change to French legislation that could remove the threat of imprisonment for directors and senior employees who are found to have breached obligations to consult with works councils and other employee representatives.  … Continue Reading

A Trap for the Unwary in International Acquisitions: New Information Rights for Employees Prior to Sale of Company in France

By: Chris Bracebridge, Luciana Griebel, Helena Milner-Smith, and Jenna Wallace A French law that comes into force on November 1, 2014 will give employees new rights to be informed prior to the sale of a small or medium-sized company, thereby allowing them the opportunity to make an offer to purchase the company.  Companies that meet certain … Continue Reading

Buyer Beware: Asset Purchaser Liable for Predecessor’s FLSA Liability

Corporate lawyers negotiating asset purchase agreements believe strongly in the concept of freedom of contract.  Asset purchase agreements invariably have carefully crafted provisions dictating which assets and liabilities transfer to the buyer and which assets and liabilities remain with the seller. Unfortunately, when it comes to employee and employee benefit liabilities, courts don’t always respect these … Continue Reading
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