BUSINESS LITIGATION, MEDIATION, ARBITRATION
In Business Litigation, LAMARTINE CONSEIL supports its clients in the consultation, preliminary diagnosis and development of the legal strategy to be followed until the outcome of proceedings is known, as well as in the execution of decisions in all areas of Business law. The team is proficient with alternative dispute resolution methods (such as mediation and arbitration) and is able to assist its clients in choosing the most appropriate proceedings which offer the greatest prospect of success with proven cost-effectiveness.
It has acquired recognised expertise in the following main areas:
Commercial Litigation
- In the context of contract performance: cancellation, non-performance and termination of contracts, termination of commercial relations, liability related to the defective nature of products, collection of receivables, disputes relating to credit agreements and guarantees and securities, disputes relating to commercial leases
- In the context of relations with business partners: relations with competitors, denigration, defamation, dereferencing, abuse of economic dependence, poaching of employees, solicitation and poaching of customers, economic parasitism, unfair competition, subcontracting litigation, sudden termination of established business relations
Acquisition Litigation
- In the context of the internal functioning of the company: conflicts between shareholders, performance of agreements, protection of the rights of minority shareholders, liability and dismissal of executives, challenge of decisions taken by the executives and bodies of the company
- In the context of external growth operations of the company: termination of talks, letters of intent and preliminary contracts, challenge of the value of shares, earn-out clauses, earn out, liability guarantee, first demand guarantee, actions for invalidity for fraud, related litigation (following criminal proceedings, anti-competitive proceedings, etc.)
Industrial Litigation
- Prevention and amicable resolution of industrial disputes
- Assistance and representation in the context of litigation and/or expertise proceedings, particularly related to malfunctions of production lines or machines for industrial use, damage related to incidents on industrial sites, accidents on industrial sites, management of the industrial subcontracting relationship in the relationship with the project owner, the general contractor and/or the subcontractor, etc.
- Implementation of an emergency and complaint processing plan
- Implementation of urgent legal actions and preventive procedures and the amicable or contentious management of complaints
Real Estate Litigation
- In the context of real estate operations and real estate development
- Builders’ liability, implementation of construction insurance
- Commercial lease litigation
Business Criminal Law
- Assisting executives and companies in criminal proceedings, from the investigation phase through to the judgement phase