A listed engineering company is about to publish a financial communiqué to announce an external growth project. It should take into account the obligations with regard to the prior consultation of the employee representatives and consultation of the competition authorities; the communiqué should also remain sufficiently neutral so as not to allow the competition to make a better offer… The Lamy Lexel partner tries to reconcile within a very short time the contradictory requirements of the three parties, the employee representative bodies, the company’s general management and the Financial Market Authority.
The head of the legal department of a European company working in the energy industry wishes to improve the legal security of the existing practises and procedures. After an audit of the disputes having arisen and more generally the risks of litigation, a multidisciplinary team (economic and commercial disputes, business law) prepares a risk matrix and sets up an appropriate judicial watch. A training session for the operational teams is also being planned.
Following a change in the majority control, an American group is altering the composition of the management teams of its French subsidiaries. It has charged Lamy Lexel with assisting it in these procedures and implementing the programmed departures. Two lawyers specialising in social and tax law approves the terms and conditions for paying the compensation due to the authorised executives.
An English firm working in the digital industry has had to take action against the French shareholder from which it bought the company for guarantee of the liabilities due to an important tax adjustment. The Lamy Lexel team assigned to this case (merger-acquisition, tax law, economic and commercial disputes department) is working on the best method for calculating the prejudice to be developed before the arbitration tribunal.
A company working in the supermarket sector dismissed its financial and administrative director for serious misconduct. He is now claiming damages amounting to several hundreds of thousands of Euros. The Director of Human Resources is working with a partner specialising in social disputes to prepare the forthcoming hearing before the Conseil de Prud’hommes (industrial tribunal); they examine the useful evidence and the defence strategy.
A preliminary sales agreement, concerning the acquisition of a field of business of a services company, has come up against the last minute refusal of the transferor. All the suspensive conditions having been raised, the purchaser has asked the firm to take action against the transferor to make him honour his commitments. The partner who dealt with the de acquisition prepares the conditions for a possible dispute with the Economic and Commercial Disputes department.
The examining magistrate has pronounced a non-suit against the manager of a public works company, but the Public Prosecutor has lodged an appeal to have sanctioned what he refers to as concealment of the illegal use of corporate funds. Together with one of his associates, a partner specialising in criminal law rereads the written statement of case to be sent to the chambre de l’instruction (chamber to which the preparatory inquiry has been assigned) at the Law Courts of Versailles before the end of the week. The non-suit will be confirmed.
Two partners from the business law department prepare the speech they are going to make, in partnership with Nyse Euronext and Middlenext, on the holding of general meetings in listed companies.
All the firm’s associates and employees are invited to the conference room of the site they are attached to for the traditional “drink” to celebrate the month’s commercial successes.
A cross-sectoral team (business law, tax law, commercial disputes) finalizes the preparation of an important meeting scheduled for the following morning in view of coming to an agreement in a case of abusive breakdown of negotiations. The stakes of the dispute amount to several millions of Euros. The Commercial Court has asked for an expert’s report that is slow in coming, but the client, an Anglo-Saxon industrialist of the pharmacy industry, wishes to end the dispute as quickly as possible: he needs visibility before initiating another project …
The partner in charge of the technological companies sector hosts a meeting in the VIP space of a sports club with twenty company managers whose business is technology oriented and which are experiencing a rapid expansion; with three partners from the world of finance and consultancy, he evokes the capital sins of success.