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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 arbitral tribunals. We assist clients very early on by helping them define a pre-litigation strategy and implement a defense policy. We also assist clients in urgent crisis situations.

Our lawyers will try to find the most appropriate solution to resolve 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 sound knowledge of the courts give the team special expertise in complex litigation involving a large number of parties in different courts (legal or arbitral) 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 are involved in all sectors of the economy to assist a client base of international groups, 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 and directors in disputes regarding the dismissal of company directors.
• Assistance of companies and shareholders in 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 preparatory inquiry petitions.
• Unfair competition proceedings.
• Disputes relating to the sale of business assets.
• Contract performance and termination of contracts and negotiations.

Enforcement procedures

• Interim (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 in 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 of a French industry leader 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 of directors or former directors where their liability is incurred for mismanagement.
• Assistance of a subsidiary of a media group brought before the courts under criminal law following an acquisition.
• Assistance of an investor in a dispute relating to the sale of shares.
• Assistance of a foreign statesman in a dispute regarding the management of his interests in France.
• Assistance of a pharmaceutical laboratory in a dispute concerning the compliance of its products.
• Assistance of a French company which was the victim of an international fraud.

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