Expertise

International Trade

The team offers an experience of more than 30 years in the field of International Trade.

The team has substantial references in international contracts, joint ventures, project and asset financing, international insolvencies, litigation, arbitration and other dispute resolution methods.

The practice of the International Trade team is reinforced by permanent participation in international professional organizations, through active involvement  in the working groups of the International Chamber of Commerce (ICC) and the Inter-Pacific-Bar Association (IPBA).

Backed by the support of multilingual associates and partners, the International Trade team is strengthened by the resources of SMITH D'ORIA's specialists in labor law, business difficulties, taxation, real estate, business law and public affairs.

The experience of the practice covers the following operations:

International sales, agency and distribution contracts;
International development;
Asset financing and Seller financing restructuring;
Joint-ventures, co-development and cooperation agreements;
Major international construction projects;
Service agreements, logistics, outsourcing, industrial sub-contracting and supply chain management contracts;
Intragroup contracts;
Technology transfers, engineering and licenses;
Protection of intangible assets of the company;
Anti-bribery, anti-money laundering and compliance policies

Public and Private Real Estate

The Public and Private Real Estate department is composed of a multilingual team (French, English, Italian), with five lawyers and is led by Jean-Olivier D'ORIA et François GRENIER.

Construction insurance

Litigation of the raising of reserves and GPA, RCS and DO (Damage Works) litigation, contractual litigation, judicial expertise in demand or in defense

BIM & Smart Cities

Training on the legal specificities of BIM and SMART CITIES ; contract and market adjustments (public-private), client support for the development and the challenges of the new IP-IT tools in construction operations, Green Building (BREEAM, LEED, HQE) ;

Condominium

Statutory litigation ; conventional and judicial mediation, appointment of ad hoc and / or trustee administrators, assistance with day-to-day and exceptional management of real estate, division of trade unions, framework negotiations of mobile phone contracts or telecom installations

Commercial leases

Drafting and advice on leases, transfer of business and / or leasehold rights, contractual or judicial fixing of rent, disputes between landlords / tenants, declaration of claims and collective proceedings

 

Residential leases

Drafting and leasing advice, rent revaluation litigation, landlord / tenant disputes, debt collection and solvency investigations

Complicated real estate complex

Large groups, Free Trade Union (ASL) or Free Urban Land Association (AFUL), drafting, adjustment and statutes update, collective negotiations with suppliers of fluids and / or energy, mediation and assistance for good management

Commercial Urban Planning

Support to the organization and legal management of shopping centers

Categorical normative regulation

Consultations on ERP or IGH, PMR access, and, more generally, on any categorical binding regulatory standard applicable in consideration of the concerned building’s classification.

Urban Planning

Urban planning permit litigation, building permits

Real estate transactions

Search or sales mandates, real estate sales litigation

Employment Law

The Employment Law department composed of 4 lawyers, is led by Frédérique David.

More than 25 years of a practice with an international focus, allow this multilingual team to assist its customers with pragmatism, proximity and simplicity, notably in the following operations:

Corporate restructuring

Changes in employment contracts and social status, social consequences of restructuring and mergers;

Conflict management and individual and collective litigations

Representation and defense of the company in court, termination of the employment contract, transaction negociation and separation agreements, Labor court litigations ;

Executives status’ and responsability
Legal analysis of specific situations, legal drafting

Employment contracts, specific contractual clauses, collective agreements, ethical charters, working time, international mobility… ;

Compliance review of the company’s practices with the legal rules (employment contract, working time, variable parts of remuneration, Human Resource Planning, professional parity...)
Impact of New Technologies

Elaboration of Internet & Intranet charters, GDPR ;

Employee saving

Profit-sharing agreement, RSU, AGA, SOP… ;

Implementation and management of Employee representative bodies
Health & Safety

Relations with Employee representative bodies and the labor doctor, implementation of rules and charters ;

Establishment in France

First employees, corporate structures choice, visas, etc.

Public Affairs and Public Law

The Department of Public Affairs and Public Law is composed of a multilingual team (French, English, Spanish, Japanese, Mandarin), composed of three lawyers and led by Jean-Claude BEAUJOUR (public affairs and mediation) and François GRENIER (public law and Administrative Litigation).

Our Public Affairs and Public Law department acts for private and public institutions as well as for small and medium size enterprises. We specialise in tenders for public procurement and in the performance of public contracts, in particular in the sectors of construction and urban planning and development; leaders, elected officials and public officials.

The team evolves around the following issues:

Public affairs

Negotiation and Mediation

Public sphere – central administration or devolved state services, local authorities, independent administrative authorities

Regulated sectors

Health, energy, aeronautics

Lobbying and legal monitoring

Information and support for legislative projects

Public law and litigation

Local authorities

Advice to public authorities, public institutions and private companies in the context of their economic and financial actions (public finances, markets, economic and social development of the territory)

Administrative litigation

Administrative Court; Administrative Court of Appeal; summary process - competence throughout the French territory

Environment

Soil pollution; sustainable development - in connection with the Public / Private Real Estate Department

Public service

HR support; discipline; inability(-ies); consecutive litigation; public service criminal law; elected officials

Public procurement

Procurement (procedural audits, response to tenders, advice for litigation prevention); execution (service provider litigations, claims, consecutive expertise and litigation) - in connection with the Public / Private Real Estate Department

Urban planning

Prior audit; support to the revision of Local Urbanism Plans or other planning regulations; urban planning criminal law; commercial urbanism; litigation (various building permits) - in connection with the Public / Private Real Estate Department

Corporate

Isabelle SMITH MONNERVILLE puts her 30 years of international business experience at the service of supporting the company in all its life events, from its creation through the various stages of its growth, internal or external, and of its changes and restructuring, until its transfer and / or the prevention of its difficulties.

Using the expertise and methods developed for the assistance of foreign investors, Isabelle SMITH MONNERVILLE assists in the domestic operations of French clients.

The Business Law team manages the following operations:

Shareholder agreements ;
Organisation of data-rooms and legal due diligence (for both vendors and purchasers) ;
Acquisitions and sales of companies ;
Asset purchase agreements ;
Corporate Governance strategy and implementation ;
Domestic and international joint-ventures ;
Equity funding

Share capital increase and equity restructuring, mergers, de-mergers and asset contributions ;

Corporate law and legal monitoring of corporate life;
Corporate Social Responsibility (CSR) strategy for sustainable development

Legal assistance for the implementation of risk management programs, knowledge management projects, support for compliance with regulations;

Shareholder disputes, liability guarantees

Tax 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 tax management of companies and national and international groups for the all taxes (especially IS, VAT, payroll tax, CET/CVAE, …) ;
Tax Strategy - Optimizing the effective tax rate
Review of tax processes - Cash Optimization
Analysis of risk and opportunities
Implementation of compensation plan in the company (allotment of bonus shares, stock-options, etc.) ;
Standard tax issues – « hot line » services ;
Review and research of tax optimization solutions (subsidies, tax credits, including research tax credit, etc ...)
Request for the approval and tax rescripts ;
Support of the accounting departments in the implementation of tax solutions (software, tax consolidation, Internet filling, teletransmission of EDI invoices, etc.)
Acquisition, assignment, restructuring, acquisition tax structuring, financing, intra-group relations) ;
International Taxation

Implantation in France, international flow management (dividends, interests, royalties), transfer pricing, tax treaties’ application, double taxation management ;

Tax audits and tax litigations

Insolvency

30 years of international trade operations, in a context of global, permanent and accelerated economic change, have given Isabelle SMITH MONNERVILLE substantial experience and references in terms of business failures, the protection of creditors' rights and managing the risks of supply disruption along the supply chain.

The SMITH D'ORIA Insolvency group has the expertise in the following operations:

Restructuring of investments (tourism resorts, industrial investments, French operations of distressed international groups);
Pre-insolvency assistance to the debtor for the renegotiation of public and private liabilities;
Representation of creditors

Analysis and declaration of claim, protective set-offs, minimisation of risks and losses, creditor representation in the capacity of controller of the collective procedure, assistance to creditors in the collective renegotiation of claims in pre-insolvency procedures (safeguard, conciliation, ad hoc mandate);

Repossession claims and negotiation of deliverables with distressed suppliers, continuation agreements;
Out-of-court or judicial defeasance of distressed subsidiaries or divisions ;
Assistance in take-over of all or part of insolvent undertakings;
Collective procedure litigation

Family Office and Private client

The Family Office and Private Client Department is composed of a multilingual team (French, English, Italian), with 3 lawyers and led by Jean-Olivier D'ORIA.

Private investment

Litigation in wealth management consultancy, national and transnational legal aspects; tax litigation; advice on the acquisition of works of art;

Parentage and adoptions

Tracing of family pedigree (national and transnational); adoptions (simple and full), cross adoptions, LGBTQ + friendly;

Real Estate Asset Management

See Real Estate, Construction, BIM & SMART CITIES Department;

Patrimonial liquidation

Post-separation liquidations (divorce, civil partnerships PACS) and inheritance liquidations;

Intellectual property and copyright

Defense of the artist’s status and his copyrights

Successions and gifts

Inheritance litigation, advice on donation and tax optimization

Real estate transactions

Selling mandate and property search in France and abroad

Privacy and image rights

Privacy and image rights of private clients

MEDIATION

Mediation is an amicable, confidential, quick and cost-effective process of resolving disputes. Nowadays, it is a very popular alternative mode of dispute resolution (ADR) in the business world because it can be implemented in all conflict situations (real estate, family, commercial, social, etc.) and at any time of the dispute (before, during or after).
The mediator, who is neither judge nor arbitrator nor expert, is neutral, independent and impartial. Mediation is appointed by the parties to help them find a solution to their dispute by creating the most favorable conditions for mutual listening and mutual understanding of the parties in view of reaching an agreement in accordance with their respective interests.
Trained in the techniques and ethical tools of mediation, our partners Jean-Claude Beaujour and Jean-Olivier D'Oria practice either as mediator or as a lawyer.

The benefits of mediation in resolving disputes:

  • It allows for a quick agreement, and is synonymous with freedom, so it eliminates the judicial risk.
  • In addition, it establishes a dialogue between the parties who anticipate the risks inherent in the implementation of their agreement.
  • Finally, from a financial point of view, it offers the choice of agreeing on the payment of the mediator's remuneration. Failing agreement on this point, the price is divided by half.

Aviation Law

Under construction...

IP-IT / Art Law

The IP-IT / Art Law department is head by Karine d’Oria and is about these areas of practice :

Copyrights

Contract negociation and drafting, litigation

Artists’ agent
Art Law

Issues regarding provenance, claim of ownership, authenticity, purchase and sale of works of art, assistance and advice to artists, galleries, collectors, auction houses, experts

Family Office & Private Clients

Art acquisition advice

NTIC

Personal data protection compliance (GRPD), CNIL declarations.

BIM & Smart Cities

Assistance of our clients in their IP-IT issues