Commercial litigation

Dedicated team

Pragmatism and the search for efficient solutions that protect our clients’ interests are the DNA of our firm. Whatever the stakes of the case and the business constraints of our clients, we assist them throughout the process.

We accompany our clients during the pre-litigation stage, in order to minimize the risk of litigation, seek an amicable solution, and assist them in mediation process or judicial conciliation.

We represent our clients in litigation, whether by taking the initiative for an offensive legal action or by organizing a defense and response strategy. In this respect, we assist our clients before state courts and regulatory commissions or authorities (DGCCRF, AMF, ACPR, CNIL), whether in the context of proceedings on the merits or emergency proceedings (summary proceedings, short notice, petition…).

Our fields of intervention

LITIGATION IN DISTRIBUTION LAW AND RESTRICTIVE PRACTICES

Abrupt termination of commercial relationships
Significant imbalance
Application of article L.441-7 of the Commercial Code
Regulation of payment terms

COMMERCIAL LITIGATION

Parasitism, unfair competition, disparagement practices, poaching, customer canvassing,
Litigation concerning the breach of pre-contractual and contractual relationships, litigation concerning contractual non-performance (force majeure, hardship, revision for unforeseen circumstances, contractual breach, price reduction, significant imbalance),
Sales and defective product litigation (non-performance of a promise to sell, latent defects, lack of conformity, eviction guarantee) and commercial agent litigation
Private enforcement (follow-on compensatory action following a decision of the French Competition Authority)
Recovery of unpaid debts
Consumer law (unfair terms – mass litigation)

CORPORATE, POST-ACQUISITION AND SHAREHOLDER DISPUTES

Shareholder disputes – dismissal/exit of the company’s executives, implementation of promises to sell shares, exercise of put options, fraud, litigation related to the implementation of an asset or liability guarantee
Appointment of a provisional administrator or ad hoc representative
Corporate dissolution (in particular in case of loss of the affectio societatis)
Ut singuli action, procedure of management expertise, litigation about the value of securities and determination of the price by an expert, action for payment of calls for funds within real estate company (SCI)

BANKING AND FINANCIAL LITIGATION

Payment services litigation
Guarantee litigation (first demand guarantee, collateral…)
Litigation representing investment service providers before the civil courts or in the context of AMF investigations for market abuse and non-compliance with applicable regulations

CIVIL AND CRIMINAL LIABILITY OF EXECUTIVES AND PROFESSIONALS

Fault, fraud, breach of duty of loyalty

PRODUCT LIABILITY

Representing our clients in expertise proceedings and class actions

ENFORCEMENT PROCEEDINGS

Seizure of bank accounts, receivables, aircraft, securities and movable property and conversion into seizure for payment,
Assistance to the third party in the context of seizure in its hands
Assistance to our clients in the context of auction process and implementation of seizure for sale

CLIMATE LITIGATION AND GREENWASHING

Assistance in litigation concerning greenwashing, which constitutes a misleading commercial practice

Our case studies

Representing a Saas company in the context of action for unfair competition and parasitism (preceded by investigation measures)

Representing a transport company against a competitor on the grounds of poaching, disparagement and canvassing

Representing a distributor in an action for damages following a decision by the French Competition Authority to sanction a supplier for unlawful agreement

Representing a company in the context of proceedings against a shareholder acting on the basis of abuse of minority and fraud

Assisting and representing a shareholder in the context of a dispute with another shareholder (appointment of an ad hoc representative, action for dissolution due to the disappearance of the affectio societatis, etc.)

Representing a company in the context of legal action introduced by its manager to challenge his dismissal on the ground of gross negligence and litigation related to the shareholders’ agreement (good/bad leaver clause)

Representing a major player in the retail sector in litigation against various suppliers on the basis of breach of relationships, termination of negotiations, significant imbalance, contractual non-performance, lack of consent

Representing a telecommunications operator against a consumer association in an action to obtain the removal/amendment of certain terms

Assisting and representing a company in the aviation industry in various proceedings to recover unpaid debts (payment action, seizures, constitution of mortgage, etc.) or in the context of expertise proceedings on technical specificities