Corporate Governance and Business Secrets in SAS Decision-Making: A Legal Analysis

Extract

[...] ' The existence of a counterclaim filed in the instance on the merits does not constitute an obstacle to the in futurum instruction measure as long as it is filed after the filing of the request - 2and Civil Chamber of the Court of Cassation rendered on October 26, 2023: the transmission of written observation does not exempt from hearing the party who requests it - The Plenary Assembly of the CDC rendered on December 22, 2023 : admits that in a civil dispute a party may use under certain strict conditions an unfair evidence to assert their rights. [...]

[...] Droit des obligations - 1ère civil chamber of the Court of Cassation of 5 September 2023 : the jurisdiction does not transmit the Priority Constitutional Question relating to the prohibition of pension revision paid in the form of a life annuity - 3e civil chamber of the Court of Cassation of 6 July 2023 : the jurisdiction admits compensation for the damage in case of failure to perform the duty of information concerning a hidden servitude - mixed chamber of the Court of Cassation of 21 July 2023 : the action for guarantee of hidden defects of the buyer must be exercised within the prescription period of 2 years without exceeding a deadline of 20 years from the date of the concluded sale - 3 civil chamber of the Court of Cassation of 14 September 2023 : the aggravation of the apparent defect can make it a hidden defect - European Court of Human Rights of 14 September 2023 Baret and Caballero v. [...]

[...] Preparation of the CRFPA exam - Key Jurisprudence CRFPA Legal Watch I. Business Law - Inc.", 1he June 2023 : the placing of the fund in lease-management during the restructuring of activities resulting in the exclusion of the general manager from the governance of the company is not sufficient to characterize a fraud committed by the presidency - Commercial Chamber of the Court of Cassation of October 18, 2023 : the unacceptable behavior of one party justifies the unilateral resolution of the contract without prior notice - 1ère Civil Chamber of the Court of Cassation rendered on November 15, 2023: if the prescriptive period applicable to the civil action for counterfeiting is the common law period, its starting point can only be at the day when the counterfeiting nature of the work is definitively admitted - 3e civ December 2023 : the refusal to extend the company can constitute an abuse of voting rights - CE 12 December 2023: after notification of his designation, only the provisional administrator is authorized to represent the interests of the company before the administrative jurisdiction - 1ère civil chamber of the CDC of 24 January 2024 : in case of nullity of the sale, there is a restitution of the thing and the price even in the absence of a request to that effect - Court of Appeal of Douai of 8 February 2024 : the proof of software piracy cannot be based on simple generalities - Civ. [...]

[...] 2024 : « The fact that the statutes of a SAS subject certain decisions of the board of directors to the authorization of the supervisory board constitutes an index of what the members of the latter actually exercise a function of direction of the company - Com June 2024 : the business secret can be waived to satisfy the right to proof - Com May 2024 : consacres the practice of the reputed unwritten partial in the matter of exclusion clause of SAS II. [...]