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COMMERCIAL LAW / CORPORATE LAW

  • Skills
    • drafting and negotiation of all contracts for the purposes of creating and carrying on a business (pre-contracts, NDA, purchase, sale, transfer/license of trademark, commercial lease etc...)
    • introduction of debt-recovery proceedings and assistance of the creditor within the context of insolvency proceedings (statement of claim on behalf of the creditor, contacts with procedure appatus - receiver, representative of creditors - management of suspension of individual lawsuits...) 
    • assistance in due diligences and drafting of audit reports indentifying litigation matters, contractual and  liability/ regulatory issues.
    • contribution to the drafting  of a guarantee agreement (based on audit reports) and assistance in the implementation of a guarantee agreement
    • assistance in the creation and incorporation of commercial companies
  • Selected operations
    • assistance of any commercial and industrial companies in the review and negotiation of commercial leases, within the context of their execution or renewal
    • assistance of a foreign supplier in the food-industry sector within the context of a debt-recovery proceedings against a French distributor under liquidation (introduction of the legal action before bankruptcy, coordination of proceedings in France and Italy)
    • participation in data-rooms in all types of sectors: food-industry, healthcare, transport, industry, services (media, entertainment, equipment)
  • Related publications
    • Infringing the legal cap on payment terms is now punishable by a fine of 2 million euros (see publication)
    • The legal cap on payment terms in international contracts: the French case (see publication)
    • The trial period as a way to avoid the commercial agent’s indemnification (see publication)
    • Joint-venture : the framework agreement as a necessary prerequisite (Impulser , septembre 2006)
    • Joint-venture : PME-PMI, beware of weddings without contractual precautions (Le Moci, 19/10/06)
    • Which compensation in case of a faulty breach of discussions (Option Finance, 11/12/06)
    • The soft reform of sales (Fashion Daily News, 08/09/06)
    • Updated news on general conditions terms since 2005: what is new for industrial?  (Cahiers juridiques – Journal des Fluides, novembre 2007)
    • Commercial practices: first overview (Les Echos, 5 décembre 2007)
    • The importance of being compliant with new compulsory payment terms (Usine Nouvelle, juin 2009)
    • Payment terms: the new rules in 3 questions (Revue de la Confédération Générale du Patronat des Petites et Moyennes Entreprises – CGPME, juillet 2009)
    • Useful information on the application of maximum contractual paymeent terms effective since January 1, 2009 (see publication)
    • Automatic application of late penalties in the absence of a contractual clause (see publication)
    • Maximum contractual payment terms effective since January 1, 2009: recent developments (see publication)
    • Joint and several liability of parent companies for infringements of competition rules by their susbsidiaries (see publication)
    • Unfair commercial practices: the advertiser, even when acting in good faith, is solely liable in case of misleading practices (see publication)