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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 a former Secretary of the Conference of Pupil Advocates, 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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