In February 2026, France adopted the Law n°2026‑122 of 23 February 2026, which introduces a new statutory confidentiality regime for written legal consultations prepared by in‑house counsel. The mechanism is codified in Article 58‑1 of the Law of 31 December 1971 and was reviewed and validated by the Constitutional Council in its Decision n°2026‑900 DC of 18 February 2026. For foreign practitioners accustomed to the structures of Legal Professional Privilege in the United Kingdom or…
In a judgment handed down this week by its Grand Chamber, the European Court of Justice (“ECJ”) decided that, under certain circumstances, a subsidiary can be held liable for cartel activity engaged by its parent company. This judgment has potentially far-reaching consequences and may give an additional impetus to private damages litigation. Background On 24 October 2019, Sumal (an alleged victim of the Trucks cartel) brought a claim for damages in follow-on litigation in front of…