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Dispute Resolution

The challenges

The courts are becoming increasingly involved in various areas of law. Recent developments in the world of business have resulted in an increase in the number of cases involving the civil or criminal liability of company directors or shareholders.

The growing complexity of a company’s contractual relationships has also led to increasingly frequent action before the courts or arbitration to settle legal disputes or problems encountered in the performance of contractual relationships. Companies are faced with a conflicting need for transparency, in particular relating to financial practices and corporate governance, and the need to rapidly protect their key interests. In this environment, they are confronted with an increasing number of pre-litigation and litigation matters. Such matters require effective defence. Otherwise, the business implications, financial penalties and criminal sanctions can be severe.

Our practice areas

Commercial law:

  • Debt collection and enforcement measures
  • Contractual termination, litigation relating to contractual reports, breakdown in negotiations
  • Technical litigation relating to the supply of products or services: expert opinions
  • Litigation relating to commercial leases
  • Litigation relating to companies facing financial difficulties: debt declarations and contested debts directors’ liability, sanctions, claims, invalidity.

Economic law:

  • Unfair competition, parasitic infringement, breach of noncompete covenants
  • Abuse of economic dependence, discriminatory and restrictive competition practices.

Banking and financial litigation:

  • Litigation relating to guarantees and securities
  • Implementation of guarantees and protective measures
  • Real estate seizures 
  • Liability : unfair financial support, unfair termination of credit facilities.

Company law:

  • Litigation relating to shareholders’ agreements, representations and warranties relating to assets and liabilities, takeovers
  • Court-ordered company dissolution
  • Removal of directors
  • Litigation by minority groups
  • Appointment of a special administrator.

Criminal business law:

  • Misuse of company property, misuse of authority, submitting false balance sheets and misleading accounting records, tax evasion, fraudulent breach of trust, fraud
  • Criminal employment law
  • Criminal liability audits.

Real estate and construction pre-litigation and litigation:

  • Contract termination, preparatory contracts, construction defects, calls on completion, two-year, ten-year insurance policies or warranties, subcontracting
  • Expert opinions on defects due to poor workmanship
  • Termination of promises and deeds of sale.

Press litigation:

  • Slander, libel, refusal to insert right to reply.  

Our approach

  • A direct and close relationship with our clients ensures forward thinking, prompt replies and recommendations regarding solutions adapted to their problems.
  • Strong team work approach with other specialist lawyers in the firm.  

Our clients

We have a broad client base comprised of SME s and large groups operating in many business sectors, including in particular industry, banking, telecommunications, real estate, distribution, food, pharmaceuticals and medical devices, and advertising.

 
François Xavier Awatar
François Xavier Awatar
Partner
Member of the Executive Board
France, Lyon
François-Xavier Awatar joined CMS Francis Lefebvre in 2020 as a partner. He is involved in commercial law and in particular in franchise law (consulting & litigation). He also knows insolvency proceedings...
Xavier Vahramian
Xavier Vahramian
Partner
France, Lyon
Xavier Vahramian joined CMS Francis Lefebvre Lyon on 2004
Laure Colin
Laure Colin
Associate
France, Lyon
Laure Colin is a senior associate in the litigation Department of CMS Francis Lefebvre Lyon which she joined in July 2018. She assists clients in litigation related to commercial, competition and criminal...