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Commercial litigation and business crime / Arbitration and ADR

Our team handles commercial, civil and criminal disputes before the national courts and arbitration tribunals. We assist clients by helping them define a pre-litigation strategy and implement a defense policy. We also assist clients during urgent crisis situations.

Our lawyers find the most appropriate solution to resolving a dispute by favoring a pragmatic approach in line with the client’s objectives. The experience of the lawyers of the Department, which is managed by Jacques Bouyssou and Sibylle Mareau, and their extensive knowledge of the courts means the team flawlessly handles complex litigation involving a large number of parties in different courts (legal or arbitration) and a variety of legal fields. The Department assists clients in cross-border conflicts through the firm’s international resources and a team of lawyers with bi-cultural (Anglo-Saxon, Germanic or Hispanic) training. The Department’s lawyers have a presence in all sectors of the economy so as to assist an international client base, French SMEs, public authorities, banks, investment funds, shareholders and directors.

Skills

Arbitration

• French, international (ICC, LCIA, UNCITRAL, etc.) and ad hoc arbitration.

Disputes under corporate law and with directors

• Acquisition disputes : representations and warranties, earn-out, etc.
• Assistance of companies or directors with disputes regarding the dismissal of company directors.
• Assistance of companies or shareholders with disputes regarding the exclusion of shareholders.
• Conflicts between shareholders (valuation, powers, etc.).

Criminal law and business criminal law

• Criminal liability of directors and/or the legal entity.
• Fraud, abuse of corporate assets, breach of trust.
• Assistance in the event of police custody.
• Assistance of companies in lawsuits.

Civil and commercial disputes

• Economic and economic dependence disputes.
• Disputes relating to commercial agents.
• Preparation of search warrants.
• Unfair competition proceedings.
• Disputes relating to the sale of business assets.
• Contract execution, termination and negotiation.

Enforcement procedures

• Provisional (seizure to preserve the collectability of a debt from an insolvent debtor) and enforcement measures, disputes before the court of enforcement.

International proceedings

• Intervention for French aspects and proceedings before U.S. courts.
• Assistance implementing foreign proceedings in France.

Important missions

RECENT MISSIONS

• Assistance in commercial arbitration proceedings against a French manufacturer.
• Assistance in LCIA arbitration proceedings against a British manufacturer.
• Assistance of an international investor in the French aspects of a dispute with an insolvent Arab conglomerate.
• Assistance of the employees of a major French group in a regulatory procedure in the United States.
• Defense of a listed company in a dispute with a minority shareholder.
• Defense of the director of a family-owned industrial group in proceedings brought before criminal and commercial courts by a group of hostile shareholders.
• Assistance to a leading French group in proceedings for unfair competition initiated by a competitor.
• Defense of a former director and shareholder of an industrial SME in proceedings initiated by the company’s purchasers to cancel the sale.
• Assistance to directors or former directors with mismanagement claims.
• Assistance to a subsidiary of a media group brought before criminal courts following an acquisition.
• Assistance to an investor in a dispute relating to the sale of shares.
• Assistance to a foreign statesman in a dispute regarding the management of his interests in France.
• Assistance to a pharmaceutical laboratory in a dispute concerning its product’s compliance.
• Assistance of a French company which was the victim of international fraud.

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