COMMERCIAL LITIGATION
We act as a security partner for our clients in all aspects of their business : negotiating, performing and enforcing commercial contracts ; managing the termination of established commercial relationships ; protecting corporate know-how and data in the event of unfair competition ; protecting movable and immovable assets.
Contract life: negotiation, performance, breach, contractual liability
Our lawyers are experienced in negotiating commercial contracts, and as such, they assist clients in concluding all types of agreements: general terms and conditions of sale, supply or procurement contracts, partnership contracts, distribution contracts, agency contracts, etc.
This mastery of contracts, coupled with that of litigation, enables us to anticipate difficulties that may arise in the performance of agreements as a result of ambiguous drafting, and to best apprehend the chances of success in contractual disputes.
Our support:
We support our customers in litigation at all stages of their contracts, in all types of business sectors (agri-food, healthcare, IT, tourism, etc.) and industries (medical devices, automotive, aeronautics, rail, etc.):
- Negotiations and wrongful termination of discussions,
- Unforeseen circumstances, price renegotiation,
- Enforcement actions,
- Complex debt recovery (taking security rights, protective/provisional measures at national, cross-border or international level, attachments (“saisies–attributions”), etc.),
- Enforcement of contractual liability arising from poor performance or non-performance of agreements,
- Anticipating and managing the consequences of the termination of established commercial relationships,
- Breach of commercial agency contracts and resulting compensation.
Unfair competition
In accordance with the principles of loyalty and morality governing business life, economic players must be particularly careful to comply with the relevant rules, especially in cases of actual or alleged acts of unfair competition, which can result in the disorganization of a company through the mass poaching of its key employees, free-riding, appropriation of customer files or know-how, or even disparagement.
Our team has extensive experience of all types of legal action related to acts of unfair competition, whether the firm’s clients are victims or alleged perpetrators of such behaviour.
Our services:
- Protective injunction to put an end to an obviously illegal breach (“trouble manifestement illicite”) or to prevent imminent damage,
- summary proceedings to obtain authorization to seize compromising documents from an adversary that could be used in an action on the merits, or to challenge this type of measure,
- Interim measures for the preservation of documents or assets (« saisies conservatoires »),
- Defense of e-reputation,
- Actions for damages.
Public and private works contracts
We have developed particular expertise in public and private works contracts.
We are thus able to assist our clients who took part in a call for tenders when there has been a breach of the principle of equality between bidders, or when the contracting authority has not complied with the criteria defined for the selection of the best bidder.
Such assistance can be provided before the judicial or administrative courts.
Our support :
- Pre-contractual interlocutory procedures to annul the tendering procedure (“référé pré-contractuel”)
- Amicable dispute resolution: drafting of amicable appeals and advice on conciliation and mediation procedures
- Interim measures and actions on the merits before the courts