Project Description
Elsa Rodrigues is a Member of the Dispute Resolution team.
She works for both French and foreign clients in the resolution of complex disputes related to corporate life. She assists companies, as well as their shareholders and managers, in the context of corporate transactions (disputes between shareholders, post-acquisition litigation), matters relating to managers and directors’ liability, commercial disputes (termination of commercial relationships, unfair competition suits, etc.) as well as products liability and industrial risks issues.
She has also developed a remarkable expertise in matters in connection with the liability of Online Platforms and handles all kinds of related disputes and proceedings (e.g. requests for online contents removal, requests for blocking access to websites, civil and criminal liability of hosting providers and publishers, requests for forced disclosure of users’ data, compliance procedures, and formal replies to requests from French Authorities such as ARCOM, DGCCRF or the CNIL).
She assists her clients throughout all the dispute stages (negotiations, pre-litigation and litigation) and adapts her strategy with regards to the different resolution modes, whether amicable, judicial or arbitral. In that respect, she has a proven track record in international arbitration (institutional and ad hoc), and is particularly experienced in amicable dispute resolution processes, as she is a qualified Mediator certified by the Paris Mediation and Arbitration Center (CMAP) and the Paris Court of Appeal. 
Elsa Rodrigues is admitted with the Paris and New York Bars and a Member of the Board of Directors of the French American Bar Association (FABA). 
- Commercial Litigation
- Corporate Litigation (disputes between shareholders, post-acquisition litigation) and Managers and Directors’ Liability
- Product Liability and Industrial Risks
- Online Platforms’ Liability
- International Arbitration
- Mediation
Admitted to the Paris Bar
Admitted to the New York Bar
Mediator (CMAP)
Board member of the French American Bar Association (FABA)
LL.M, New York University – NYU School of Law, (2008), Scholarships from White & Case, Gerald L. Wallace Fund and George Lurcy Charitable & Educational Trust
Postgraduate degree in International Tax Law, Paris Panthéon Assas University / HEC Business School (2006)
Master’s degree in Business Law, Paris XI University (2005)
French – English – Portuguese – Spanish
- Representing an English credit institution in several proceedings related to the enforcement of Trust agreements (fiducies) and the implementation of a pledge of shares in France
- Representing a French airline company in the context of legal proceedings against a Hungarian company based on the breach of a contract for the sale of an aircraft (seizure of the aircraft, proceedings for cancellation of the sale)
- Counsel for an American company operating an online platform – a major player in the employment market – for assistance in all matters relating to the access, the content and development of the website on the French territory (liability actions against hosting providers and publishers, defamation actions, requests for forced disclosure of data, drafting of Terms of Use, compliance procedures, formal correspondences with French Authorities, etc.)
- Counsel for several online platforms operated by foreign companies in proceedings launched by French Authority against Internet Service Providers (ISPs) to block access to the websites on the French territory
- Counsel for an American company operating an online platform specializing in agile experience management and enterprise solutions to collect market intelligence, mainly surveys
- Counsel for an American Company operating a digital platform, accessible in France, that publishes participatory reviews and ratings of local businesses
- Representing a French company in an IT dispute relating to a CRM tool integration project
- Representing the shareholder of a company specializing in foreign exchange trading in the context of a litigation initiated against the company’s directors and auditors (placing the company under interim judicial administration, civil and criminal actions against the directors and auditors of the company)
- Representing a French company in the context of legal proceedings brought by a former executive to contest the enforcement of a management package
- Representing a French telecommunications company in proceedings brought by a minority shareholder for abuse of majority control
- Representing an American manufacturer of brewer’s yeast in the context of a procedure initiated by a French distributor on grounds of an alleged abrupt termination of established commercial relations
- Representing an American group’s French subsidiary that designs and sells software in the context of legal proceedings brought by its North American distributor for an alleged breach of the distribution contract
- Representing an Austrian company in a dispute related to the termination on an alleged commercial agent contract
- Representing French and English car manufacturers in the context of a litigation relating to alleged product defects (appraisals by judicially appointed experts)
- Representing an Ivorian company against an international financial institution in an ad hoc arbitration (ex aequo et bono)
- Representing a major French company in the aeronautics sector in various international arbitrations proceedings (ICC)
- President of the Jury of the Commercial Mediation Competition, Mediation and Arbitration Center of Paris (CMAP), April 2022
- “Online platforms: France is ahead of the EU”, Revue Expertises des Systèmes d’information, April 2022 – https://lerins.com/en/online-platforms-france-is-ahead-of-the-eu/
- “Has the hour of glory come for alternative dispute resolutions ?”, co-authored with Claude Amar, Mediator, Option Droit et Affaires, June 17, 2020 – cliquez ici pour consulter le PDF
- “Free Speech on Social Media: Are the United States and France Drifting Apart or Closer Together”, speaker/organizer, New York Law School, Electronic Frontier Foundation, French American Bar Association, 2020
- “IBA Rules vs. Prague Rules in International Arbitration”, speaker, DRI, Allen & Overy, 2019
- “The challenges of the PACTE law on the responsibility of managers and companies”, speaker, Andersen Tax&Legal, 2019
- “The appointment of an ad hoc representative is not subject to the conditions for appointing an interim judicial administrator”, Option Finances, July 23, 2018 – cliquez ici pour consulter le PDF
- “The acceptance by a party of a mediation does not constitute a waiver of the benefit of the lapse of proceedings”, Option Finances, July 23, 2018 – cliquez ici pour consulter le PDF
- “Judicial cooperation between France and the USA”, organizer, French American Bar Association, 2018
- “Trusts in the light of the Johnny Halliday case”, organizer, French American Bar Association, 2018
- “Pros and Cons of International Arbitration”, speaker, White & Case, 2018
- “Enforcement in France of injunctions and judgements from common law countries”, organizer, French American Bar Association, 2018
- “The mere passivity of the director is not such as to engage his liability towards third parties”, Option Finances, November 27, 2017 – cliquez ici pour consulter le PDF
- French American Bar Association – Member of the Board of Directors
- Association of Economic and Financial Litigation Professionals (APCEF)
- French Arbitration Committee (CFA)
- French Arbitration Association (AFA)
- Mediation Academy
- ACE – Paris
- July 29, 2022 : On June 1, 2022, the French Cour de Cassation overturned a decision of the Paris Court of Appeal which had qualified the company Ticketbis (which operates the eponymous online platform) as a host. It considered that it had an active role and concluded that it acted as a content publisher. See more
- June 23, 2022 : 6 LERINS partners (Laurent Bernet, Luc Castagnet, Mathilde Croze, Guillaume Jarry, Laurent Julienne et Elsa Rodrigues) are listed among the Best Lawyers 2023. The skills of our teams are thus recognized in Litigation, Corporate, Mergers & Acquisitions, Private Equity, Venture Capital, Data privacy, Technology, and Real Estate. See more
- Interview for the CMAP and feedback on the use of Alternative Dispute Resolution, https://www.cmap.fr/cabinet-lerins-les-mard-font-preuve-dune-flexibilite-tres-precieuse-dans-le-contexte-actuel/
- “LERINS partners with the CMAP to promote Alternative Dispute Resolution”, September 21, 2020 – Cliquer ici pour lire
- “LERINS’ Litigation and Arbitration team recognized, again, this year in Décideurs”, March 11, 2020 – Cliquer ici pour lire
- “LERINS strengthens its Litigation & Arbitration team with the arrival of Elsa Rodrigues”, January 17, 2020
Elsa Rodrigues is ranked in Commercial Litigation, Financial & Corporate Litigation, Innovation, Technology & Telecoms – Internet Law, Mediation and International Arbitration. She has been selected as one of the “Best Lawyers”, for the year 2023, for her expertise in Litigation. 
