Partner : Jacques Perotto
Team* : 6 lawyers and legal consultants, 1 assistant.

* The number refers to the number of persons active in the department, some of whom act in several departments.

The Employment Department has a wide range of expertise in employment law, both in contentious and transactional matters. It has notably developed specific expertise in employment protection law and in various innovative areas such as Corporate Social Responsibility.

Reorganization transactions
• Assistance and counsel on the employment consequences of reorganizations: sales, mergers, outsourcing
• Job Rescue Plan.

Collective negotiations and labor union law
• Assistance and counsel in negotiating and drafting of collective company agreements and collective branch agreements.

Work week and organization
• Implementation of organization agreements and work week reduction, notably within framework of the Act on the 35-hour-work week.

New information technologies and communications
• Implementation of Internet charters, cyber-surveillance and related litigation.

Individual employment relations
• Drafting of employment agreements,
• Labor management of seconded, expatriated or impatriated employees,
• Negotiating and drafting settlement agreements,
• Implementation of CEO legal status.

Criminal employment law
• Counsel and assistance with criminal consequences of violating health and safety rules and related litigation.

Financial employment law
• Optimization transactions for individual or collective remuneration, notably in terms of employee savings plans (implementation of profit-sharing, incentive and company savings plans),
• Implementation of stock option plans, supplementary retirement and benefits plans.

Assistance with implementing an employment reorganization plan within the framework of a company purchase by its executives.

Counsel and assistance to the French subsidiary of an American group whose main business is marketing information related to companies for implementation of a reorganization plan and an Employment Rescue Plan involving over 300 employees in the contexte of a worldwide reorganization.

Counsel and assistance in the negotiations and implementation of a collective bargaining agreement.

Counsel and assistance in connection with the employment law applicable to a listed French company for changes from civil servant status to status as a private sector employee.

Current event briefs :
• February 2008 : Fillon Act on supplementary retirement and benefits regimes: less than 6 months to comply with legislation.
• June 2008 : Legal current events.

Breakfasts :
• 3 April 2008 : retirement and benefits regimes and URSSAF risk: final opportunity to secure your contracts

Partners : Christophe Gerschel, Stanislas Vailhen et Philippe Pescayre Team* : 8 lawyers, 1 assistant *The number refers to the number of persons active in the department, some of whom act in several departments.

Recognized expertise in all fields of business and assets taxation with a special expertise in real estate taxation, tax optimization of reorganization, acquisition and sale transactions, notably transnational transactions, and defending sectorial interests. On such basis, the firm has successfully acted on several occasions to have administrative doctrines changed, notably regarding VAT and professional tax.

Optimization of the tax consequences of company reorganizations :
• Partial asset contributions, mergers, dissolutions without liquidation, liquidations.
• Acquisitions or sales: tax auditing, optimization of the capital gains and of registration duties, structuring of the value warranty or liabilities warranty.

Tax audits, negotiations with tax authorities and tax litigation :
• Assisting companies during tax audits at all stages of procedure.
• Assisting companies during customs audits
• Seeking of tax agreements/clearances
• Voluntary claims
• Negotiations with the Tax Authorities
• Lobbying the Economy and Finance Ministers
• Assistance before French administrative and judicial courts and before European courts (ECJ, ECHR)
• Large-scale/class-action type litigation seeking recognition of illegality of a tax under Community law
• Negotiation of settlement agreements with tax or customs authorities.

Optimization of groups’ tax liabilities :
• Tax integration
• Tax foreseeability of financial flows (dividends, capital transactions, transfer price)
• Compliance with indebtedness ratios.

Estates taxation :
• Counsel to executives and owners of large estates
• Transmission of estates
• restructuring of estate,
• Relocation of estates, residence transfers.

Real estate taxation :
• Taxation of development, subdivision and renovation transactions
• Optimization of real estate investments in France made by foreign companies
• Frequent issues in terms of real estate VAT
• Estate agent and condo sales
• Tax management of property companies.

International taxation
• Optimization of taxation of foreign investments in France
• Optimization of international flows (dividends, duties, interest),
• Tax impact of investments abroad with respect notably to international agreements

Legal and tax assistance to several property companies in reorganization transactions involving significant real-estate aspects.

Reorganization of a food group with a view to the sale of part of its businesses.

Monitoring tax audits of a publishing company which resulted in the withdrawal of tax adjustments for which notice was given in terms of withholding at the source 182 B, deducted from sums paid for the acquisition of rights of reproduction, representing several million euros.

Audit of a French food group in order to verify the accuracy of the integrated group’s tax declarations and which resulted in a number of tax optimization recommendations.

Tax optimization of a group with a view to obtaining an enhanced deduction of the intra-group loan interest.

Formation of an acquisition company involving French and foreign companies for the acquisition of several assets in France.

Implementation of large-scale/ class-action type litigation as regards professional tax, leading to the recognition of the intangible nature of videograms. Decision obtained with the minister’s departmental staff, in liaison with the B1 and C1 desks of the Tax Law Authorities and applied to all subsequent litigation and which had originated spontaneously, for the professional tax owed by videoclubs for the years 2004, 2005, 2006 and 2007.

Modification of the VAT rate applicable to cruises (recognition of the application of the 5.5% reduced VAT rate), the activity being characterized in its entirety as transport activity (hotel business, catering, transport). This decision was obtained in tax adjustment proceedings regarding the leading cruise operator and was applied to subsequent litigation and for many groups.

Modification of the VAT rate applicable to tandem jumps by professional parachutists, likened to personal transportation according to article 279 b quarter of the general tax code, subject to the 5.5% reduced VAT rate. This decision obtained with the D2 desk of the Tax Law Authorities was applied to subsequent litigation and triggered a revival of this profession represented by its union.

Modification of the VAT rate applicable to aircraft manufacturers (professional companies achieving altitude ascent of parachutists) likened to transportation. Decision obtained with the D2 desk of the Tax Law Authority, as regards a large scale litigation representing around 15 companies in France, several with adjustments (anticipated application of the reduced VAT rate, questioned by accounting checks) for several million euros cancelled following this action.

Modification of the VAT rate applicable to hot air-balloon flights. This action linked up with the hot air balloon pilot union allowed the recognition of the 5.5% reduced VAT rate for this profession.

Implementation of large-scale/class-action type litigation regarding the 2% tax leading to the cancellation of tax notices on videograms notified in the videoclub accounting checks, following the recognition of the illegal nature of the videogram tax as regards community law.

Tax advice to a leading mail order business to determine the VAT rate applicable to its transportation fees, which resulted in the reimbursement of the VAT invoiced at the standard rate, without sending amended invoices.

Tax assistance to a group (Dutch) in a procedure to audit transfer prices used between the group’s various companies.

Assistance in tax audits of professional athletes.

Tax assistance to employees or executives in challenges to the exempt status of compensation paid to them at the time of cessation of their duties, which resulted in dropping the tax adjustments for which notice was given.

Optimization of the estate taxation of a founding CEO of a fast-food restaurant group and carrying out his transfer of residence from France to Belgium.

Assisting the Algerian government in overhauling the taxation of foreign investments in Algeria.

TRAINING
• Company taxation (corporate income tax, VAT, registration duties), Université d’Evry Val d’Essonne (2008/2009),
• Tax optimization of reorganization transactions, Université d’Evry Val d’Essonne (2008/2009),
• LBO taxation, Université d’Evry Val d’Essonne (2008/2009),
• Training in real estate taxation for Groupe Moniteur (2008/2009),
• Training on estate agents for Groupe Moniteur (2008/2009),
• OPCI (real estate holding company) and SIIC (listed real estate corporation) training for Groupe Moniteur (2008/2009),
• Taxation of sports groups and sports professionals (2007).

OUTSIDE INTERVENTION
• Institut Pasteur, October 2, 2008: the de minimis rule in tax matters.

Current event briefs :
• April 2008 : Is a sale of the shares of a foreign company that has assets in France subject to registration duties in France ?
• September 2008: The tax provisions of the Economic Modernization Act
Breakfasts :
• February 14, 2008 : Finance Act of 2008.

Partners: Nelly Darmon, Dominique Doise and Philippe Mathurin team* : 7 lawyers, 1 assistant * The number refers to the number of persons active in the department, some of whom act in several departments.

Comprised of experienced lawyers collectively using their complementary professional expertise for many years, the department acts both in banking litigation and assisting financial institutions in their specialized financial transactions. In addition, the department has specific and recognized expertise in documentary credit.

LITIGATION
• documentary credit
• independent guarantees
• buyer’s credit
• banking liability and financial intermediaries
• enforcement measures
• assisting credit institutions in disciplinary procedures before the Banking Commission.

COUNSEL
• financial transactions related to trading raw resources or industrial equipment sales and implementation of the guarantees related to these transactions
• structured financing, LBO, complex transactions involving ad hoc structuring
• assistance in implementing in-house procedures in credit institutions related to controlling legal risk and to obtain and modify CECEI approvals
• assistance in implementing and drafting standard contractual documentations, notably general terms and conditions or master agreements related to :
- issuing guarantees, documentary credit and stand-by letters of credit, matching of documentary credit, silent confirmation of documentary credit, etc.
- opening of financial instrument accounts, management agreements.

COUNSEL :

Finance law :

Acquisition financing, LBO, structured, simple or club deal or syndicated loans.
Significant transactions in last two years : syndicated loans.
- More than € 100M for financing the construction of industrial complexes to manufacture energy components from biomass,
- A cumulative amount of more than € 75M to finance acquisitions and business development related to the food sector.

Financing of international trade.

Significant transactions in the last two years: financing (simple or syndicated) of several cocoa campaigns (amount greater than € 25M), importing and distribution of metallurgical products (€ 40M), importing and distribution of paper products (€ 20M).

Financing assets, projects, mortgage financing, working capital requirements financing, VAT credit financing, financing of blocks of listed shares, multiple transactions, etc.

Implementing securities under French law within the framework of international financial transactions, multiple transactions, etc.

Banking and finance regulations :
Approvals, permits/informing the CECEI.
Compliance with regulations: auditing internal procedures, etc.
Client relations: opening and managing accounts, advice of purchase/sale, etc.
Inter-bank or financial relations.
Banking and financial transactions offered via Internet.

LITIGATION :

Many cases (average amount: € 25 M) involving :
Representing banking institutions in lawsuits due to commitments undertaken (documentary credits or letters of stand-by credit, first demand guarantees, collateral security, etc.).
Representing banking institutions in collective procedures (credit dispute claims, petitions for attribution of pledges, etc.).
Representing banking institutions in liability lawsuits (portfolio management, sale of complex stock market products, etc.).
Representing banking institutions in various lawsuits (claims for restitution of amounts not due, collection claims, etc.).
Representing banking institutions in ICC arbitration related to buyer’s credit or ship acquisition financing.

Since 1985, Dominique Doise has been in charge of teaching in the Master II International Commercial Law at Université Paris X Nanterre.

Lawyers’ continued education :
- the Rescue Act
- the securities law reform

Current event briefs :
• June 2008: Decision of the Cour de Cassation (French Supreme Court) on May 27, 2008: Applicability of the provisions of Article 1699 of the Civil Code to “block” sales of disputed debts.
• June 2008: Heightening by the Cour de Cassation of banks’ obligations related to verifying the powers of representatives of legal entities.

Partners : Jacques Bouyssou, Pierre-Olivier Brouard et Christophe Gerschel Team* : 14 lawyers and legal consultants, 3 assistants * The number refers to the number of persons active in the department, some of whom act in several departments.

Alérion is recognized as a major player in private equity, notably in the biotech and new technologies sector and it offers a wide range of services both in mergers and acquisitions and company law

PRIVATE EQUITY
• assistance with raising capital risk or capital development funds for innovative companies or for investment funds for their share purchase transactions, including auditing target companies, negotiations, issuing preferred shares, various financial instruments, assistance in the post-acquisition follow-up,
• assisting investment funds in selling their shareholding,
• developing shareholders’ agreements and assistance in the agreement’s management.

Acquisition – Sales – Mergers
• counsel and assistance in preparing and performing transactions (data rooms, acquisition audits, letters of intent, confidentiality commitments, etc.),
• companies sales or purchases, LBO, partial asset contributions, asset sales, outsourcing,
• assistance in negotiating and preparing contractual documents (letters of intent, shareholders’ agreement, asset and liabilities and other agreements), partnership agreements, joint ventures, etc.

Reorganization transactions
• modification of capital structures,
• issurances of quasi-capital instruments,
• mergers, partial asset contributions,
• dissolutions without liquidation, liquidations,
• corporate status changes.

Counsel to executives
• in the management of shareholders’ rights and obligations,
• in the operation of management bodies,
• in claims involving the civil and criminal liability of companies and their executives.

Companies experiencing difficulties
• counsel and assistance in collective procedures,
• purchases of companies experiencing difficulties.

Assisting a biotech company in raising funds through bonds in a cumulative amount of €15M and in preparing an IPO.

Assisting an independent French media group that is a publisher of Internet sites throughout the world, devoted to new technologies to raise € 22.5M in funds.

Assisting a company (Paris, US) specialized in developing in vivo cellular imagery systems for biomedical applications, for raising € 30M from American and French investors.

Assisting a biotechnology company to raise international funds of € 8.5M.

Assisting a real estate group for sale of its property companies. Value of deal: € 45M.

Assisting a listed American group specialized in education for an acquisition in Europe. Value of the deal: € 25M.

Reorganization of various European subsidiaries of a group of companies.

Assisting a biotechnology company in raising € 13M in funds.

Assisting the leading company on the professional electronics engineering market for its integration into a listed group.

Assisting a biotechnology company to raise € 2.2M in funds to finance its research in the field of innovative vaccines.

Assisting several funds for their investments (between € 5M to 50M).

Assisting a high-tech company to raise € 9M in funds.

Assisting an investor to sell a specialized IT company.

Pierre-Olivier Brouard and Jacques Bouyssou are active as teachers in the Master 2 Biotechnologies Law at Université d’Evry to teach students about the specificities of the biotechnologies company model, its formation and its initial public offering or sale.

Current event briefs :
• September 2008: The legal implications of the Economic Modernization Act on companies

Partners : Philippe Mathurin et Gérald Lagier
team* : 8 lawyers and legal consultants, 3 assistants

* The number refers to the number of persons active in the department, some of whom act in several departments.

The lawyers in the Real Estate and Construction Department act in all stages of a construction transaction, from searching for the property to examining liability and warranties. The firm has developed true expertise in specialized real estate and construction litigation and in public procurement contracts.

CONSTRUCTION TRANSACTION DESIGN
• Real estate structuring and finance,
• Urban planning law,
• Law of classified facilities and environmental law

CARRYING OUT OF CONSTRUCTION TRANSACTIONS
• Law of private construction and public procurement contracts,
• Subcontracting law,
• Liability of building participants,
• Building insurance,
• Liability and assurance for product manufacturers, materials and equipment incorporated in buildings.

MARKETING AND MANAGEMENT OF REAL ESTATE TRANSACTIONS
• Real estate development, sales, condominium lease law, leasing agreements,
• Law of real estate securities and seizures.

RENEWABLE ENERGIES LAW
• Assisting and representing international industrial groups active in the construction and public procurement and energy sectors, for the acquisition of electricity production projects from wind energy, operation of electricity production activities from photovoltaic solar energy, development and marketing of construction products with electricity production equipment from photovoltaic solar energy (applicable particular regulations, liability involved, insurance guarantees, contractual warranties, easement agreements, long-term leases, urban planning, etc.).

REAL ESTATE TAXATION
• Taxation of development, subdivision and renovation transactions,
• Optimization of real estate investments in France made by foreign companies,
• Recurrent issues in terms of real estate VAT,
• Estate agent and condo sales,
• Tax management of property companies.

Construction litigation :

Assisting participants in the building process (owners, building insurers, general contracting companies and subcontractors, engineering firms, project managers) in litigating building problems (builders’ liability and building insurance).

Assistance in litigation management of construction sites of all sizes (termination, delays, time-based payment, unenforceability of agreements, etc.) and in financial claims (preparation of claim memoranda or calculations, court claims for payment of contract balances, etc.).

Real estate projects, urban planning and commercial urban planning :

Assisting an investor (urban planning, tax and legal and corporate structuring) in a reorganization and prestigious building sale transaction in Paris, apartment-by-apartment (€ 80M).

Counsel to a purchaser (urban planning, tax, legal and corporate structuring) for the acquisition of a vacation residence (€ 200M).

Assisting a food distribution group in setting up its business premises.

Litigation for the building permit and urban planning permits.

Public-private partnerships and public procurement contracts

Assisting builders’ groups in awarding of a design/construction contract for 3 prisons (€ 41M).

Assisting a builders’ group in awarding of a design/construction contract for reorganizing a hospital (€ 40M).

Renewable energies

Counsel and assistance to a designer and operator of an electricity power plant operated by geothermal energy and heat networks.

Assisting a German industrial group for the acquisition of a project to build a wind energy farm in Brittany.

Counsel to a German industrial group on regulations related to electricity production based on photovoltaic solar energy for its establishment in France.

Counsel to an international group in the construction and public procurement sector for marketing in France of building materials with photovoltaic cells.

Environmental law

Representing a firm for surveys of ground pollution, against whom a lawsuit was brought by a developer who had acquired land from the City of Paris on which, after acquisition, hydrocarbon pollution was discovered (€ 60M).

Assisting a firm against whom a lawsuit was brought due to a refusal by local officials to provide a permit to operate a classified household waste facility.

Alérion provides training in partnership with professional training organizations (notably Le Moniteur, EFE, Francis Lefebvre Formation) :
• General training in building law and building insurance,
• Specific training on public and private off-plan purchases,
• General training on real estate taxation,
• Specific training on estate agents’ activities,
• Specific training on OPCI (real estate holding company) and SIIC (listed real estate corporation).

Current event briefs :
• March 2008: Actualité juridique Assurance / Construction / Environnement

Partner : Philippe Mathurin Team* : 6 lawyers and legal consultants, 3 assistants * The number refers to the number of persons active in the department, some of whom act in several departments.

The department’s fields of expertise are insurance law and product liability and facilities law and workplace accidents and tort litigation.

Product regulations
• standardization, labeling, instruction manual, EC trademark, relations with auditing organizations, respect for the French language,
• assistance in DGCCRF investigations,
• quality and compliance of products, dangerous products (recall procedures, etc.),
• product liability,
• litigation related to products before criminal courts (misleading information as to quality or quantity, non-compliance labeling, misleading information).

Prevention and management of risks in companies
• auditing of training action for staff security,
• assistance with investigations of the labor inspectorate and CPAM (national health fund), in negotiations between the victim and CPAM,
• liability of industry executives due to their jobs (harm to employees, accidents and workplace illnesses, third-party neighbors or persons intervening onsite, etc.), their intervention with third parties (risk related to shared activities, harm to persons, etc.),
• litigation before the Social Security Affairs Court, as well as both criminal courts and commercial courts.

Prevention and management of job-related risk
• liability of manufacturers of delivered products (products quality and safety —components and assembled products—harm to extant property and to the property of other participants, etc.),
• counsel and assistance to industrialists in preventing liability, in the manufacture and distribution of delivered products (effectiveness of products, contraindications and undesirable side effects, professionals’ obligations to provide advice and warnings, etc.).

Insurance and companies
• auditing of insurance guarantees for purchases or acquisition of shareholding,
• assistance for obtaining warranties, claims before the central fees bureau (“BCT”),
• assisting companies in case of rejection by insurers to provide guarantees.

Defense of the interests of an international food group, against which a claim had been made for having marketed poisonous food products for feeding cattle.

Defense of the interest of an international industrial group, against which a claim had been made due to a fire in a gas turbine for electricity production of an aeronautics industrial group, for having installed the co-generation facility with the gas turbine.

Defense of an industrial group against which a claim had been made after a claim with repercussions on the environment.

Defense of a pharmaceutical group against which a claim had been made for its liability in pathologies related to consumption of medicine.

Current event briefs :
• March 2008: Actualité juridique Assurance / Construction / Environnement

Partners : Catherine Robin and Frederic Saffroy Team* : 5 lawyers*, 1 assistant * The number refers to the number of persons active in the department, some of whom act in several departments.

The department intervenes in distribution law, competition law, contracts and consumer law. The firm counsels and defends companies in a practical and pragmatic manner in their relations with their customers, suppliers and competitors as well as with the administrative and judicial authorities.

Concentration – Joint subsidiaries

• competition auditing prior to acquisitions and mergers; notices of concentration transactions; contacts with competitors. Competition – Agreements – Abuse of dominant position – Abuse of dependency – Unfair competition
• preparation and assistance in competition investigations,
• defense before the competition authorities and judicial authorities.

Distribution and contrats
• distribution auditing: implementation and reorganization of distribution networks (exclusive, selective, franchise, e-commerce, remote sales, etc.),
• drafting, negotiating, monitoring and terminating of agreements (supply, subcontracting, services, distribution, franchise, commercial representative, agency, commission, production, etc.),
• distribution related litigation of distribution (refusal to sell, abuse of dependency, validity of network),
• litigation related to the agreement and termination of commercial relations.

Pricing practices, relations with large distribution networks
• auditing and drafting of company pricing practices (sale and purchase terms and conditions, commercial cooperation agreements, invoicing, pricing policy, discriminatory practices, abuse of purchasing power),
• counseling and assisting in negotiating with large distribution networks,
• delisting of products,
• assisting in DGCCRF investigations and litigation of pricing practices.

Companies and advertising
• relations with advertising agencies, sellers of advertising spaces, the Advertising Verification Bureau (“BVP”) (drafting agreements, analysis and review of advertising campaigns),
• counsel, assistance and litigation with respect to unfair competition, false advertising and comparative advertising.

Companies and consumers’ protection
• Remote sales (by mail, Internet), home prospection, unconscionable clauses, false advertising.

Promotion of products and services
Implementation and approval of promotional campaigns (lotteries, contests, sales with prizes, clearance sales, false advertising).

Product regulations
• standardization, labeling, instruction manual, EC trademark, relations with auditing organizations, respect for the French language,
• assistance in DGCCRF investigations,
• quality and compliance of products, dangerous products (recall procedures, etc.),
• product liability,
• litigation related to products before criminal courts (misleading information as to quality or quantity, non-compliance labeling, misleading information).

Intellectual property
• counsel and assistance for the filing, protection and sale of trademarks, patents and copyrights and software,
• drafting, follow-up and termination of licensing agreements and sale of patents, copyrights, know-how, trade secrets, distribution agreements for software publishers,
• litigation for the defense of intellectual property rights: infringement, unfair competition.

Catherine Robin teaches a distribution law class at the Ecole de Formation du Barreau (bar training school).

Training and seminars in companies
• negotiations with large distribution networks,
• agreements (information exchanges for calls for tenders),
• competition law,
• contracts (or how to manage one’s relations with suppliers: training provided to buyers),
• competition investigations (or how to prepare oneself for an investigation).

Current event briefs :
• April 2008: Distributor/supplier relations, the last draft of the reform bill.
• April 2008: Under the paving blocks, modernization of the economy? Will Spring 2008 see occur true reforms of competition and distribution?
• June 2008: Adoption of the draft bill on economic modernization by the national assembly
• August 2008: The economic modernization act has been published.
• October 2008: Commercial negotiations according the economic modernization act.

Breakfasts :
• September 11, 2008: Commercial negotiations between suppliers and distributors: a general overview of the Economic Modernization Act.

Partners : Jacques Bouyssou et Dominique Doise
Team* : 7 lawyers, 2 assistants

* The number refers to the number of persons active in the department, some of whom act in several departments.

This department works closely with all the firm’s departments and handles a great many diverse files. It has developed particular expertise in litigating in company law and criminal financial cases.

Civil law and general commercial law
• Collection of debts
• Unfair competition,
• Termination of agreements and negotiations,
• Commercial and residential leases,
• Revocatory claims,
• Professional liability claims (notaries, bailiffs, lawyers, doctors).

Means of enforcement
• Protective and enforcement measures,
• Proceedings before the enforcement court.

Collective procedures
• Assisting debtors at all stages of procedures,
• Contesting debts,
• Actions for recovery, court-based lien orders, security interests,
• Appointment as auditors,
• Actions for orders to contribute to companies’ assets and prohibitions against managing companies.

Company law
• Implementation of assets and liabilities warranty,
• Abusive removal of corporate officers, exclusion of partners, action for earn-out payment,
• Conflicts between shareholders,

Criminal law and criminal business law
• Violations related to practicing business and company law (fraud, fraudulent use of corporate property, abuse of confidence),
• Ordinary criminal law,
• Law of the press.

Defense of an executive of a large family group in claims brought by a group of hostile shareholders before criminal and commercial courts.

Assisting a leading French group in its business sector in a claim of unfair competition brought by a competitor.

Assisting a former executive and shareholder of an industrial mid-sized company in claims brought by the company’s buyers.

Assisting an investor in litigation with broad media coverage related to a settlement involving a prestigious Paris hotel.

Assisting an international group that is the victim of acts by a careless executive.

Defense of executives or companies within the framework of criminal charges.

Assisting or defense of professionals confronted with financial delinquency (abuse of confidence and of corporate assets, false pretenses, falsification of documents, banking and financial intermediary transactions with the participation of a credit institution, etc.).

Assisting companies faced with economic violations (false advertising, deception as to quality, non-compliance with competition rules, imposed pricing, sale at a loss, lack of general terms and conditions of sale, invoicing rules, etc.).

Valérie Mayer trains students in the Master 2 Taxation and business law (MFDAG) at INSEEC in litigation. Sibylle Mareau has been a member of the juries of Ecole de Formation du Barreau and in workshops of Ecole Nationale de la Magistrature.

Partner : James Joong-Ho Kim
Team : 5 lawyers and legal consultants*, 1 assistant

* The number refers to the number of persons active in the department, some of whom act in several departments

The multi-cultural team of the Asian Desk can handle a large range of files and transactions directly in English, French, Korean, Russian, Czech, Slovak, Chinese and Indonesian. Very close ties have been created with Korea and this specificity, in addition to the creation of an office in Singapore in 2008, makes it possible for the firm to excel in understanding the needs and approach of Asian clients, notably Korean clients, and to assist its European clients in Asia.

• Corporate,
• Projects and financing,
• Mergers and acquisitions,
• Reorganizations,
• Foreign investments,
• Strategic partnerships and joint ventures,
• Technology use license transfers,
• International contracts,
• Litigation and arbitration.

Mergers and acquisitions
• Assisting a Korean multinational within the framework of the sale of a business and a partnership with a French multinational, thereby allowing it to set up in Korea (valuation : € 5Bn).
• Assisting the French subsidiary of a Korean multinational in acquiring a majority shareholding in the capital of a French metallurgical company and establishment of a strategic partnership between France, Germany and Rumania.
• Assisting a Korean audiovisual group in the acquisition of a satellite broadcast company in France.

Reorganizations
• Assisting a large Korean group in reorganizing its European subsidiaries and negotiating with its creditors (USD 500M).

Partnerships and Joint Ventures
• Assistance within the framework of a joint venture between a French equipment manufacturer and a Korean partner.
• Assisting a French company in the aeronautics and military sector in its plan to establish a joint venture in Korea.

Projects
• Assisting a Korean group within the framework of a project to build a floating oil platform off of the Congo coast (USD 400M).
• Assisting Koran companies participating in public open tenders in the equipment markets and telecommunications systems in Taiwan, Australia and Tunisia.
• Assisting a Korean group in its acquisition and construction projects in Algeria, Egypt, Ivory Coast, Uzbekistan and Indonesia in energy and natural resources.
• Organization and structuring of a joint venture to operate a diamond mine in Guinea.

Assistance and foreign investments
• Assisting many Korean groups to establish their businesses in France and Europe.
• Assisting in the formation of subsidiaries and branches of Korean, Japanese and Chinese groups in France.
• Negotiating with distributors of Korean products.

Collective procedures and litigation
• Assisting Korean groups for their litigation in France.
• Assisting a French group for the liquidation of one of its subsidiary companies in Korea.
• Assisting a Korean group for the liquidation of its business in France.
• Assisting a Korean group in a court liquidation of its business in France.
• Assisting a Korean group in a court liquidation in France and an arbitration proceeding in the United States (USD 80M) .
• Assisting the Ministry of Defense and the Korean National Marine Corps in litigation related to documentary credit and in the collective procedures of a French company.

Transfers of technology and licenses
• Drafting and negotiation of many licensing agreements, R&D, technology transfers, purchase and distribution of telecommunications products, semi-conductors, biotechnology and pharmaceutical products licensing.
• Representation of many manufacturers and distributors of mobile telephones in their relations and contract negotiations.

Partner : Joël Heslaut Team* : three lawyers, one secretary * The number refers to the number of persons active in the department, some of whom act in several departments.

The department is made up of attorneys specializing in IP law and acts in the field of media and communications as well as in various sectors where the protection and defense of intangible assets is crucial (such as luxury, food, life sciences and manufacturing). The department's attorneys also act in all areas related to high technology (information technology, biotechnology, etc.)

COPYRIGHT AND MEDIA

• copyright litigations
• carriage agreements for TV channel
• Litigation between channel operators and distribution platforms (cable, ADSL, satellite)
• Production, financing and distribution agreements for cinema and television content
• Acquisition of rights (cinema, TV, sports) for Television/VOD/internet exploitation; ouput deals
• Live shows and music
• Gambling, gaming and sports betting
• Advertising
• CSA formalities
• Agreements with collective rights societies

 
INDUSTRIAL PROPERTY

• Prosecution and management of trademark, design and domain name portfolios
• Litigation covering all facets of industrial property law (actions in the merits, interlocutory injuction, seizures before judgement, etc.)
• Customs surveillance
• Technology transfer agreements, R&D partnership, patent and vegetal obtention license

HIGH TECHNOLOGY

• Advice and litigation in computer law (licenses, contracts, networks)
• Advice and litigation in high technology (oil, biotechnology, etc.)

MEDIA AND COMMUNICATION

• Litigation between television broadcasters and distributors
• Production, financing and distribution agreements for motion pictures and television programs
• Rights acquisition (cinema, TV, sports) for TV / VOD / Internet and output deals

PRIVATE DATA

• CNIL declarations
• Information and Liberty correspondent
• Computer Charter and use of new technology by employees

INTERNET

• Structuring innovative projects, feasability studies legal opinions
• General Terms of Use, General Terms of Purchase
• eReputation
• Partnership contracts, sponsorship, hosting and referencing agreements
• Cybercrime
 

Acting for a US luxury company in trademark/parasitic and conduct litigation

Negociating carriage agreements for a TV channel on satellite, ADL and mobile platforms

Representing a TV channel in litigation related to the broadcast rights to a sporting event

Representing a French audio-visual distribution company in litigation with a foreign producer of television content

Acting for a german industrial group in litigation involving Registered Community

Defense of a French listed company in a strategic patent infringement matter

Public / Private partnership agreements in state-of-the art medical research

IP re-structuring of an international French group in the context of a transfer pricing transaction

Overall legal structuring of a website for the dissemination of advertising in the blogosphere