Economic and commercial litigation
The judge holds an increasingly important place in the life of a firm. A business dispute is a difficult experience for a manager.
Well devised pre-litigation practices place the business relationship within a positive and constructive rational framework; they are an essential strong point for the firm in the event of deterioration.
Any business relationship should be conducted with the possibility of a dispute in mind….
Our teams assist you throughout the proceedings; they keep you regularly updated on the developments of the case; they never leave you alone to deal with the other parties in the lawsuit; they try to make the scale of the dispute coherent with your strategic interests.
Pre-litigation practices
Management of the lawsuit
Situations of conflict dealt with
Modes of intervention
Pre-litigation practices
Our belief is that a lawsuit is largely won upstream from the proceedings:
- audit of any litigation, frauds and sanctions suffered by the firm over the past 24 mon
- preventive audit of the practices of the main risk functions, with corrective recommendations
- training of the executives and managers; general awareness of the exposed teams
- access to a reactive hot-line within the law firm to validate any sensitive written document before it is sent
- help in negotiating contracts and agreements
- prevention of disputes
Management of the lawsuit
- understanding of the specificities of your trade, the environment of the dispute, identification of the facts, by going to the firm or to the site
- identification of the legal problems and reference texts
- case law research
- working out of the strategy to be adopted for the proceedings: choice of jurisdiction, choice of partners, choice of evidence, length and rhythm of the procedure
- analysis of the specificities of the other party and the judges to adapt the action to the discourse
- advisedly use recognised experts to convince the magistrate
- adaptation of the pleadings to the identified expectations of the magistrate
- out-of-court settlement of disputes if necessary: assistance with mediation, negotiation with the other party and drafting of transactional protocols
- systematic presence at all the hearings, with you if your presence is required
- up-stream preparation of the after-proceedings, setting up of the means allowing to ensure the payment of the sums owing by the other party (taking of guarantees, mortgage registration, pledges and collateral security, attachment)
Situations of conflict dealt with
- Conflicting trade relations
conclusion of commercial contracts
difficulties of execution (delivery, transport, payment)
breakdown of discussions,
breakdown of established trade relations
breach of distribution contracts
breach of sales representative contracts
recovery of debts
assistance and representation before the Competition Council, the European Commission and the appeal bodies
- Civil liability
contractual liability
tortious liability
builders’ liability
insurance
faulty products, bad workmanship
- Industrial and intellectual property
infringement (patents, trademarks, designs and models, copyright, software)
disputes on domain names
disputes on patent licences
protection of personal data
employees’ inventions
joint ownership of innovation
- Bank and financial disputes, financing operations, leasing
- Real estate disputes
calling on the liability of the builder
calling on the liability of the property developer
damage caused by public works
town-planning, joint-ownership, rental management, commercial and tertiary leases
Modes of intervention
- intervention before all jurisdictions (ordinary courts of first instance, commercial courts, administrative courts,…)
- intervention anywhere in France
- emergency procedures if necessary: preventive summary proceedings, requests for provisions, request for expert appraisal
- expertal practices: appointment of judicial experts, participation in expert appraisals and active follow-up
- enforced execution of decisions of justice: seizure measures, procedure before the enforcement judge
- transparency in conducting the proceedings and related fees
