Strategic Lawering Paris Lyon Bruxelles

Litigation

Since its inception more than 50 years ago, the Soulier AARPI law firm has developed and maintained a first rate litigation practice.

soulier-avoctas-contentieux

As an undisputable expert in civil, commercial, administrative and white collar crime litigation, Soulier defends the interests of French and foreign companies, their corporate officers and shareholders, both in simple and complex matters.

Our attorneys represent plaintiffs and defendants before all types of courts, at all degrees of jurisdiction, and before independent administrative authorities and have extensive experience in domestic and international arbitration proceedings. We have also filed and handled several applications for a preliminary ruling on the issue of constitutionality before the Constitutional Council, the highest constitutional authority in France, and obtained, with a resounding success, the repeal of legal provisions held unconstitutional.

Our attorneys intervene in all stages of the dispute and litigation process: we initiate and conduct pre-litigation negotiations, represent our clients before investigating judges in the framework of judicial investigations, appear before competent courts and independent administrative authorities, prepare and file writs, motions, submissions, statements, petitions and other procedural documents, follow up the proceedings, plead and argue cases, negotiate out-of-court settlements and ensure the enforcement of judgments and decisions both in France and aboard.

As members of international professional associations and networks, our attorneys, drawing on their multilingual and multicultural experience, efficiently defend clients in international disputes in France or abroad, in collaboration with leading foreign and multidisciplinary law firms.

We represent our clients in various areas of litigation, including but not limited to:

Arbitration

We represent and defend clients in all types of domestic and international arbitration proceedings, whether ad hoc or institutional. We have been involved in significant arbitrations before the ICC and have regularly and successfully pleaded before the Court of Arbitration for Sport in Lausanne.

Civil Litigation

Our Firm handles all types of civil law related disputes: contracts, obligations, civil and professional liability, family, succession, consumer, enforcement of court judgments and decisions, etc.

Commercial Litigation

Our Firm represents and defends French and foreign companies in the framework of all types of commercial disputes, including but not limited to, in relation to the validity of commercial agreements, the termination of contractual relationships (wrongful termination, claim for nullification), debt collection, liability actions for non-compliant products or products affected with latent defects, contractual and tort liability claims following, for instance, industrial accidents, etc.

Our attorneys also provide representation in private and court-ordered expert investigations, urgent procedures for interim injunctions and enforcement orders, and procedures on the merits before Commercial Courts and Courts of Appeals throughout the national territory.

We also assist our clients in the framework of disputes involving distressed companies, e.g. undue financial support, liability of corporate officers, notification to the receiver/liquidator of claims/receivables held against a company placed in receivership or judicial liquidation, etc.

Administrative Litigation

Soulier represents plaintiffs and defendants before all types of administrative courts.

Our attorneys provide assistance both in procedures on the merits (abuse/misuse of powers, and so-called full jurisdiction disputes), and in summary proceedings (e.g. référé-suspension, i.e. summary proceedings to seek the suspension of the enforcement of a decision, référé pré-contractuel, i.e. in procurement matters, summary proceedings to seek, before signature of the contract, the annulment or reformulation of the procurement procedure, etc.).

White Collar Crimes

Soulier assists companies, corporate officers and shareholders, acting either as plaintiff or defendant, in all types of criminal proceedings related to white collar crimes.

Our attorneys intervene during the police investigations, judicial investigations and before the courts in order to defend our clients in relation to financial, economic or corporate crimes (e.g. fraud, misappropriation of assets, abuse of authority, breach of trust, illegal or unauthorized use of documents, forgery, corruption, etc.), libel, slander and defamation, criminal liability in case of accident, negligence, endangerment, as well as environmental criminal liability.

Business and Antitrust

Our firm represents and defends French and foreign clients in all types of disputes that may arise with their commercial and business partners, including, but not limited to, breach of negotiations, termination of contractual relationships and/or established business relationships. In this respect, we have successfully defended a large number of foreign companies and groups sued for sudden breach of established business relationships (Article L.442-6-I-5° of the French Commercial Code).

Our attorneys also have a strong expertise in unfair competition related disputes and we regularly defend corporate clients in relation to disparagement (i.e. the dissemination of malicious information on a competitor, its products or activities), parasitic actions and free riding (i.e. slavish imitation of advertising materials, products, web sites, packages, general terms of sale, etc.), poaching of a large number of a competitor’s employees, wrongful and illegal use of a competitor’s know-how, illegal diversion of consumers, breach of non-competitive commitments and restrictive covenants, etc.

We also assist our clients in antitrust litigation (e.g. cartels, practices that restrict competition, etc.) before competent courts and authorities.

Intellectual Property litigation

Soulier represents and defends its French and foreign corporate clients before courts having jurisdiction to adjudicate patent/trademark infringement cases and ownership claims.

In this respect, our attorneys prepare and bring motions for search and seizure operations, challenge court orders authorizing such operations and represent our clients when such operations are carried out by bailiffs.

Labor & Employment Litigation

Our Labor & Employment Department defends the interests of our clients before all French labor, civil and administrative courts, including:

  • the Labor Courts, in relation to individual employment disputes;
  • the Administrative Courts, in relation to disputes concerning the validity of collective dismissal procedures on economic grounds (validity of collective lay-off plans);
  • the Courts of First Instances, in relation to disputes concerning professional elections or the appointment of trade union representatives;
  • the Superior Courts of First Instance in relation to some collective disputes (in particular small-scaled collective dismissals);
  • the Social Security Tribunals in relation to social security related disputed (URSSAF, challenge of the finding of an inexcusable fault on the part of the employer, etc.);
  • the Labor Chambers of Courts of Appeals.

Tax litigation

Our team assists French and foreign clients, primarily businesses but also individuals, in all stages of tax inspections carried out by the French Tax Authorities, including before the competent courts.

We have developed an in-depth expertise in the management of tax investigations concerning transfer prices and management packages.

Banking and finance litigation

Soulier assists and represents French and foreign banks and credit institutions in connection with disputes against their clients, including, but not limited to, in recovery actions and in the enforcement of security interests.

Our lawyers also counsel and defend French companies and local authorities having acquired complex and speculative financial products in the framework of legal actions for nullification and liability claims against first-rate banks.

Securities Litigation

Thanks to the complementarity of our members’ skills and expertise, Soulier efficiently defends the interests of listed companies and their corporate officers and, more generally, of any natural or legal person likely to be sanctioned for stock market offense and/or breach of stock market regulations.

Our Firm assists its clients during the inquiry and investigation phase and represents them before competent courts and authorities, i.e. criminal courts for stock market offenses (e.g. insider trading, price manipulation, dissemination of false information), Enforcement Committee of the Autorité des Marchés Financiers, i.e. the French Financial Market Regulator, and subsequently before relevant appellate jurisdictions (Council of State or Paris Court of Appeals, as the case may be) for breach of stock market regulations (insider misconduct, price manipulation, failure to make disclosures, failure to meet professional obligations).

Corporate litigation

Drawing on its recognized expertise in corporate litigation, Soulier represents and defends French and foreign civil and commercial companies as well as their corporate officers and shareholders.

We handle disputes related to the operation/government of companies, such as challenge of decisions issued by corporate bodies, so-called expertises de minorité, i.e. an action that allows minority shareholders to acquire some information about managerial operations within the company, civil and criminal liability claims against corporate officers, abusive termination or corporate officers, conflicts of interest, abusive behavior of majority shareholders or minority shareholders, etc.

We also assist our clients with respect to disputes arising from merger, acquisition, sale and disposal transactions, in particular in relation to the enforcement of seller’s warranties and obligations, the performance of earn-out clauses, the enforcement of shareholders’ agreements, expert valuations of sale prices, etc.

Real Estate Litigation

Our Firm represents and defends its French and foreign clients before the first instance and appellate courts in relation to all types of real-estate related litigation.

With respect to construction works, our attorneys provide legal and strategic assistance in the management of difficulties likely to arise during the performance of the works (disasters, accidents, discontinuation of works, disputes, etc.) and on the key phases of works delivery and approval as well as during the so-called perfect completion warranty year (late deliveries, non-compliance, defects, etc.).

They have developed in-depth knowledge of the various remedies available before civil and administrative courts, such as interim injunction proceedings, emergency procedures, court-ordered expert investigations, liability claims and enforcement of legal and contractual warranties.

We also represent clients before administrative courts wherever public land and the State’s liability are involved.

We represent plaintiffs and defendants both in summary proceedings and procedures on the merits, both in first instance and before appellate jurisdictions.

Environmental Litigation

Our Firm represents and defends French and foreign clients in all types of disputes that relate to environmental issues.

We mainly represent our clients before administrative courts to challenge the legality of decisions issued by administrative authorities and to bring/defend liability claims.

Yet, environmental litigation is not a matter only for administrative courts and our attorneys also represent our clients before civil courts (e.g. when their civil liability can be incurred as a result of their business operations or in relation to a dispute concerning the performance of a contact that has an environmental dimension/impact) and criminal courts (in case of criminal offenses for breach of environmental legislation).