Expertise
INTERNATIONAL TRADE
The team offers over 30 years of experience in the field of International Trade and has substantial credentials in international contracts, joint ventures, project and asset financing, international insolvencies, litigation, arbitration and other methods of dispute resolution.
The practice of the Commerce International group is strengthened by permanent participation in international professional bodies, by active participation in working groups in particular of the International Chamber of Commerce (ICC) as well as the Inter-Pacific-Bar Association (IPBA) .
Backed by the support of multilingual collaborators and associates, the International Commerce team is reinforced by the resources of SMITH D'ORIA groups in labor law, business difficulties, taxation, real estate, business law and public affairs.
The group's experience mainly covers the following areas:
INTERNATIONAL SALES, COMMERCIAL REPRESENTATION AND DISTRIBUTION CONTRACTS
INTERNATIONAL BUSINESS DEVELOPMENT
ASSET FINANCING AND SELLER CREDIT STRUCTURING
JOINT VENTURES, COOPERATION AND CO-DEVELOPMENT CONTRACTS
LARGE INTERNATIONAL COMPLEX PROPERTY CONSTRUCTION PROJECTS
CONTRACTS FOR SERVICES, LOGISTICS, OUTSOURCING, INDUSTRIAL SUBCONTRACTING, AND SUPPLY CHAIN MANAGEMENT
INTRAGROUP CONTRACTS
TECHNOLOGY TRANSFER, ENGINEERING AND LICENSING
PROTECTION OF THE COMPANY’S INTANGIBLE ASSETS
ANTI-CORRUPTION, ANTI-MONEY LAUNDERING AND COMPLIANCE POLICIES
REAL ESTATE, CONSTRUCTION, BIM & SMART CITIES
CONSTRUCTION INSURANCE
Litigation regarding the lifting of reservations and GPA, RCS and DO litigation (Works Damage), contractual litigation, legal expertise in request or defense
BIM & SMART CITIES
Training in the legal specificities of BIM and SMART CITIES; adaptation of contracts and markets (public – private), assistance and monitoring of customers in the development of new tools and IP-IT issues in the construction operation and operation of the building, Green Building (BREEAM, LEED, HQE)
CO-OWNERSHIP
Conventional and judicial mediation, appointment of ad hoc administrators and/or trustees, assistance with the current and exceptional management of buildings, splitting of unions, framework negotiation of mobile telephone contracts or telecom installations.
https://www.smithdoria-copro.com
COMMERCIAL LEASES
Drafting and advice on leases, transfer of business and/or lease rights, conventional or judicial setting of rent, landlord/tenant disputes, declarations of debts and collective procedures
RESIDENTIAL LEASES
Drafting and advice on leases, rent revaluation disputes, landlord/tenant disputes, debt recovery and solvency inquiries
COMPLEX REAL ESTATE COMPLEXES
Large complexes, ASL (free trade union association) or AFUL (free urban land association), drafting, adaptation and updating of statutes, collective negotiations with fluid and/or energy suppliers, mediation and assistance with good management
COMMERCIAL URBAN PLANNING
Assistance with the organization and legal management of shopping centers
CATEGORIAL NORMATIVE REGULATION
Consultations regarding ERP or IGH, PMR access, and, more generally, relating to any binding categorical regulatory standard, applicable taking into consideration the classification of the building concerned
URBAN PLANNING
Litigation over planning authorizations, building permits
REAL ESTATE TRANSACTIONS
Research or sales mandates, real estate sale disputes
SOCIAL RIGHT
CORPORATE RESTRUCTURING
Changes to employment contracts and social statuses, social consequences of restructuring and mergers
MANAGEMENT OF INDIVIDUAL AND COLLECTIVE CONFLICTS AND DISPUTES
Representation and defense of the company in court, termination of employment contract, transaction negotiation and other separation agreements, industrial tribunal disputes
STATUS AND RESPONSIBILITY OF MANAGERS
LEGAL ANALYSIS OF SPECIFIC SITUATIONS, LEGAL WRITING
Employment contracts, specific contractual clauses, collective agreements, ethical charters, working hours, international mobility, etc.
EXAMINATION OF THE COMPLIANCE OF COMPANY PRACTICES WITH LEGAL RULES (EMPLOYMENT CONTRACTS, DURATION OF WORK, VARIABLE SHARES OF REMUNERATION, GPEC, PROFESSIONAL PARITY, etc.)
IMPACT OF NEW TECHNOLOGIES
Development of Internet charters & Intranet, GDPR
EMPLOYEE SAVINGS
Participation and profit-sharing agreements, RSU, AGM, SOP…
IMPLEMENTATION AND MANAGEMENT OF IRPS
HYGIENE & SECURITY
Relations with the IRPs and the occupational physician, implementation of regulations and charters.
OPERATION IN FRANCE
First employees, choice of appropriate corporate structures, visas, etc.
PUBLIC AFFAIRS AND PUBLIC LAW
Our team assists a clientele made up of public and private institutional players, SMI, SME and VSE companies involved in public markets and contracts; local authority law; urban planning and development; litigation and mediation with institutions; leaders, elected officials and civil servants.
PUBLIC AFFAIRS
NEGOTIATION AND MEDIATION
Public sphere - central or decentralized administrations, local authorities, independent administrative authorities
REGULATED SECTORS
Health, energy, aeronautics
LOBBYING AND LEGAL MONITORING
Information and support for legislative projects
PUBLIC AND LITIGATION LAW
TERRITORIAL AUTHORITIES
Advice to public authorities, public establishments and private companies in the context of their economic and financial actions (public finances; markets; economic and social development of the territory)
ADMINISTRATIVE LITIGATION
TA; CAA; summary proceedings - jurisdiction over the entire French territory
ENVIRONMENT
Soil pollution ; sustainable development – in conjunction with the public/private real estate department
PUBLIC FUNCTION
HR support; discipline ; incapacity(ies); consecutive litigation; civil service criminal law; responsibility of elected officials.
https://www.smithdoria-fp.com
PUBLIC MARKETS
Procurement (procedural audits, response to calls for tenders, advice for the prevention of disputes); execution (service provider disputes; complaints; expertise and subsequent litigation) – in conjunction with the public/private real estate department
URBAN PLANNING
Prior audit; support for the revision of PLU or other town planning regulations; criminal planning law; commercial urban planning; litigation (various building authorizations) – in conjunction with the public/private real estate department
BUSINESS LAW
Isabelle SMITH MONNERVILLE puts its thirty years of experience in international business to support the company for all events in its life, from its creation, through the different stages of its growth, internal or external and its transfers and restructuring, until its sale and/or the prevention of its difficulties.
The know-how and methods developed to assist foreign investors are put to the service of domestic operations for French clients.
The team of the Business Law departmentcontrol the operationsfollowing instructions:
SHAREHOLDER AGREEMENT
ORGANIZATION OF DATA ROOM AND LEGAL AUD (SELLER OR PURCHASER)
COMPANY ACQUISITION AND DISPOSAL OPERATIONS
ACQUISITION AND DISPOSAL OPERATIONS OF BUSINESSES, ASSETS OR BRANCHES OF ACTIVITY
CHOICE AND IMPLEMENTATION OF CORPORATE GOVERNANCE
NATIONAL OR INTERNATIONAL JOINT VENTURES
HIGH-BALANCE SHEET OPERATIONS
Capital increase and restructuring of equity capital, mergers, divisions and partial contributions of assets
CORPORATE LAW AND LEGAL MONITORING OF COMPANY LIFE
CSR (CORPORATE SOCIAL RESPONSIBILITY) STRATEGY FOR SUSTAINABLE DEVELOPMENT
Legal assistance in setting up risk management programs, knowledge management projects, assistance in complying with regulations
SHAREHOLDER CONFLICTS, LIABILITY GUARANTEE INVOLVEMENT
FISCAL LAW
The Tax Law department is led by Frédérique DAVID in close collaboration with our expert consultants, in order to provide transversal solutions to our clients.
The Tax Law department focuses on the following issues:
ASSISTANCE IN THE TAX MANAGEMENT OF COMPANIES AND NATIONAL AND INTERNATIONAL GROUPS FOR ALL TAXES (IN PARTICULAR IS, VAT, PAYROLL TAX, CET/CVAE, etc.)
TAX STRATEGY – OPTIMIZATION OF THE EFFECTIVE TAX RATE
REVIEW OF TAX PROCESSES – CASH OPTIMIZATION
ANALYSIS OF RISK AREAS AND POSSIBLE OPPORTUNITIES
IMPLEMENTATION OF A COMPENSATION PLAN IN THE COMPANY (ALLOCATION OF FREE SHARES, STOCK OPTIONS, ETC...)
CURRENT TAXATION – “HOT-LINE” SERVICES
REVIEW AND RESEARCH OF TAX OPTIMIZATION SOLUTIONS (SUBSIDIES, TAX CREDITS, INCLUDING RESEARCH TAX CREDIT, ETC...)
REQUESTS FOR APPROVALS AND TAX RULES
SUPPORT OF ACCOUNTING SERVICES IN THE IMPLEMENTATION OF TAX SOLUTIONS (SOFTWARE, TAX INTEGRATION, TELEDECLARATIONS, TELETRANSMISSION OF EDI INVOICES, ETC..)
ACQUISITION, DISPOSALS, RESTRUCTURING, TAX STRUCTURING OF ACQUISITION, FINANCING, INTRAGROUP RELATIONS
INTERNATIONAL TAXATION
Establishment in France, management of international flows (dividends, interest, royalties), transfer pricing, application of tax conventions, management of double taxation
TAX AUDITS AND TAX DISPUTES
BUSINESS DIFFICULTIES
30 years of practice in international trade operations, in a context of global, permanent and accelerated economic change, have brought to the Firm substantial experience and references in matters of business failures, protection of creditors' rights and management risks of supply disruption throughout the supply chain.
RESTRUCTURING OF INVESTMENTS (TOURIST COMPLEXES, INDUSTRIAL INVESTMENTS, FRENCH SUBSIDIARIES OF FOREIGN GROUPS IN DIFFICULTY)
ASSISTANCE IN THE RENEGOTIATION OF PUBLIC AND PRIVATE CLAIMS
REPRESENTATION OF CREDITORS
Analysis and declaration of claims, compensation, minimization of risks and losses, representation in the role of controller of legal operations, assistance in the collective renegotiation of claims in safeguard, conciliation or ad hoc mandate
CLAIMS AND NEGOTIATIONS OF DELIVERABLES FROM A SUPPLIER IN DIFFICULTY, CONTINUATION AGREEMENTS
AMICABLE OR JUDICIAL DEFICTION OF SUBSIDIARIES OR BRANCHES OF ACTIVITY IN DIFFICULTY
TAKEOVER OFFERS AND ACQUISITIONS AT THE COURT BAR
LITIGATION OF COLLECTIVE PROCEDURE
PRIVATE CLIENTELE AND HEALTH
PRIVATE INVESTMENTS
Litigation in wealth management consulting, national and transnational legal aspects; tax litigation; advice on the acquisition of works of art
PARADISE AND ADOPTIONS
Actions in the search for filiation (national and transnational); adoptions (simple and full), cross adoptions, LGBTQ + friendly
REAL ESTATE ASSET MANAGEMENT
See Real Estate Department Construction BIM & SMART CITIES
ASSET LIQUIDATION
Post-separation liquidations (divorce, PACS) and estate liquidations
INTELLECTUAL PROPERTY AND COPYRIGHT
Defense of the status of the artist and his copyright
INHERITANCES AND LIBERALITIES
Inheritance litigation, advice on donations and tax optimization
REAL ESTATE TRANSACTIONS
Real estate sales and research mandate in France and abroad
PRIVACY AND IMAGE RIGHTS
Respect for private life and image rights of private customers
MEDIATION
Mediation is a amicable, confidential, rapid and cost-effective process dispute resolution.
Today, it constitutes an alternative method of conflict resolution that is very popular in the business world.
Mediation can be implemented in all conflict situations and any time during the dispute (before, during or after).
The advantages of mediation are numerous:
SPEED
FREEDOM OF CHOICE
RESPONSIBILITY
COST SAVINGS
CONFIDENTIALITY
The mediator is neither judge, nor arbitrator, nor expert. He is neutral, independent and impartial. He is appointed by the parties to help them find a solution to the dispute between them by creating the conditions most conducive to mutual listening and reciprocal understanding. The aim of mediation is to achieve an amicable resolution of disputes, through agreements in accordance with therespective interests of the media.
Trained in the techniques and ethical tools of mediation, our associate Jean-Olivier D’Oria practice either as a mediator or as a lawyer accompanying the parties in mediation.
IP-IT / ART LAW
COPYRIGHT
Negotiation and drafting of contracts, litigation, defense of the status of the artist
ARTISTS AGENT
Assistance and representation of visual artists and others
ART LAW
Negotiation and drafting of contracts relating to works of art (purchase and sale, deposit contracts, etc.), disputes linked to provenance, claims and authenticity, assistance and advice to players in this market (artists, galleries, collectors, auction companies, experts, etc.)
TRADEMARK LAW
Counterfeiting litigation
GDPR DATA COMPLIANCE
Supporting our clients in their compliance with the GDPR, CNIL declarations
BIM & SMART CITIES
Assistance and monitoring of our clients in the management of their IP issues