The team offers an experience of more than 30 years in the field of international trade and 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 active participation in international professional organizations, such as 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 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;
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;
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
Amicable waiving of reserves or litigation with respect to reserves, completion bonds, compulsory insurance matters, Contract Works Insurance claims, litigation, request for the instruction of an Expert Witness.
BIM & IP IT in the real estate sector
Legal specificities of BIM when construction contracts are involved, contract drafting and client support for the development of and the challenges related to the new IP-IT tools in the smart building sector.
CONDOMINIUMS / CO-OWNERSHIP
Statutory litigation, appointment of ad hoc and/or trustee administrators, assistance with management of real estate, condominium statutes, condominium division, contract negotiation regarding telecom installations.
Drafting of lease contract and contractual negotiation, transfer of business and/or leasehold rights, contractual or judicial fixing of rent, disputes between landlords & tenants, declaration of claims and collective proceedings.
Drafting of lease contract, rent revaluation litigation, landlord & tenant dispute resolution, debt collection and solvency investigations.
ComplEX real estate ASSETS
Complex Real Property, Specific French Real Property Associations (ASL or AFUL), drafting of contracts and updating of bye-laws, collective negotiations with suppliers of fluids and/or energy, mediation and assistance with good management.
Commercial Urban Planning
Providing of support to the organization and legal management of shopping centers.
Categorical normative regulation
Legal advice related to Institutions Receiving Public (ERP) and other specific regulations, such as High Rise Buildings (IGH), disability (PMR) access, and, more generally, any categorical binding regulatory standard applicable in consideration of the concerned building’s classification.
Urban planning permit litigation, building permits.
Real estate transactions
Search or sales mandates, real estate sales litigation.
Representation and defense of the company in court, termination of the employment contract, transaction negociation and separation agreements, Labor court litigations ;
Conflict management / Litigation
Representation and defense of the company in court, termination of the employment contract, transaction negociation and separation agreements, Labor court litigations;
Executives’s status and liability
Representation and defense of compagnies in court, termination of employment, labour court litigation, negotiation of amicable settlements and separation agreements.
Legal analysis of specific situations, legal drafting
Employment contracts, specific contractual clauses, collective agreements, ethical charters, working time, international mobility… ;
Compliance, Review of Companies’ practices with French regulations
Impact of New Technologies
Drafting of elaboration of Internet & Intranet charters, GDPR ;
Implementation and management of Employee representative bodies
Health & Safety
Relations with Employee representative bodies and the labour doctor, implementation of rules and charters.
Establishment in France
First employees, Choice of corporate structure, visas, etc.
Public Affairs and Public Law
Our Public Affairs and Public Law department acts on behalf of private and public institutions as well as on behalf of small- and medium-sized enterprises. We specialise in tenders for public procurement and execution of public contracts.
Negotiation and Mediation
Public sector – central administration or devolved state services, local authorities, independent administrative authorities
Health, energy, aeronautics
Lobbying and legal monitoring
Information regarding and support for bills.
Public law and litigation
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)
Summary and interlocutory proceedings before the Administrative Courts – Challenges to previous decisions handed down by administrative bodies – Liability of administrative bodies.
Soil pollution; sustainable development - in connection with the Public / Private Real Estate Department
Procurement (procedural audits, response to tenders, legal advice to avoid future litigation); execution (service provider, litigation, claims, request for an expert witness, etc.) - in connection with the Public / Private Real Estate Department
“preliminary”a audit audit; Analysis of Local Urbanism Plans or other; Urban planning criminal Law; Commercial urbanism; Litigation with respect to building permits - in connection with the Public / Private Real Estate Department
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 ;
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
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) ;
Implantation in France, international flow management (dividends, interests, royalties), transfer pricing, tax treaties’ application, double taxation management ;
Tax audits and tax litigations
30 years of international trade operations, in a context of global, permanent and accelerated economic change, have given the office 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.
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
Private CLIENTS and ASSETS
Litigation with respect to wealth management advice, 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;
LIQUIDATION OF ASSETS
Post-separation liquidation (divorce, civil partnerships PACS) and inheritance liquidation;
INTELECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT
Defence of the moral and economic rights of artists.
Patent and trade mark infringement.
INHERITANCE, GIFTS AND DONATIONS
Inheritance litigation, advice on the giving of gifts and donations, as well as 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 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 partner Jean-Olivier D'Oria practices either as mediator or as a lawyer.
The benefits of mediation in resolving disputes:
- It allows for a quick settlement - empowering the parties in conflict to arrive at their own solution - and avoid the uncertainty of court sentencing.
- 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.
IP-IT / Art Law
Contract negociation and drafting, litigation
Assistance and representation of visual artists and others
Issues regarding provenance, claim of ownership, authenticity, purchase and sale of works of art, assistance and advice to artists, galleries, collectors, auction houses, experts
Personal data protection compliance (GRPD), CNIL declarations.
BIM & Smart Cities
Assistance of our clients in their IP-IT issues