The legal, commercial and social, technological and innovative reality of your business never stops developing.
Activites
It is often difficult to identify the problems and to manage the issues within. Therefore to have a strong technically and operationally versatile partner becomes of paramount importance.
By the interaction of this linking of expertise (commercial law, corporate, IP/IT, taxation, employment law from the advice angle and from the strategic angle of the litigation arm), our clients, investors and entrepreneurs are provided with multidisciplinary and consistent assistance both through day-to-day support (hotline, secretariat, closures, etc.), in the context of complex operations (restructuring, optimisation schemes, communications, protection of intangibles, complex contracts, etc.), as well as in crisis situations(litigation, pre-litigation, negotiations).
Our assistance to general management, legal, financial and tax departments of French and foreign companies forms the heart of our activity.
Litigation
Our team operates mainly in the following areas :
Risk management
We assist our clients from a pre-litigation stage in the management and control of their main legal risks. In this context, we may conduct audits, procedural guides and specific targeted reviews (company law, contracts and contractual chains, intellectual and industrial property rights and assets, employment and social security law, economic law, etc.). Furthermore, together with our clients we develop solutions and recommendations adapted to their business in order to anticipate and control their risks.
Ownership and efficient management of your disputes and litigation
Our team of lawyers guides and assists you in all the phases of your disputes: in the pre-litigation context, in the defense of your litigation and amicable resolution of your disputes.
To do this, we advise you throughout the procedure and beforehand in the choice of tactics and the procedure that is best adapted to your interests, taking into account your legal, financial and strategic issues. We consider that it is possible to change the balance of a case by intervening prior to a procedure when a problem is sensed in advance. We consider pre-litigation as an essential phase of disputes which should never be ignored.
It is a useful investment for our clients in the vast majority of cases. The same goes for the search for proof and details to demonstrate the loss.
Litigation usually managed by our team specifically include:
- Commercial
- Contractual
- Disputes between shareholders or partners
- Post-acquisition litigation
- International litigation: jurisdictional competence and applicable law
- Infringement and other intellectual and industrial property disputes
- Unfair competition and parasitism
- Image copyrigh
- Industrial risk
- Commercial lease
- Labor law
- Social Security Law
We have recognized practical experience in international disputes creating issues of private international law and we assist you before state and arbitration courts as well as through alternative methods of settling disputes such as mediation.
Structured finance
Our team operates mainly in the following areas:
- Negotiation of credit and facility agreements (either on the bank’s or on the lender’s side)
- Security interests
- Management of international structured finance operations
Private Equity, M&A, Corporate law and regulatory
Our team operates mainly in the following areas:
- Fund raising operations (investments in equity or in bonds (plain vanilla or structured securities), negotiation of investment agreements, shareholders’ agreement, management packages (BSPCE, BSA, free shares…))
- Mergers & Acquisitions, LBO (negotiation of domestic or transnational merger treaties, SPA, seller’s warranties, senior or mezzanine debt, etc.)
- Preparatory contracts (letter of intent, MOU, non disclosure agreements, etc. )
- Vendor or buyer due diligence (corporate, IP, commercial and labor)
- Group restructuration (mergers, partial contributions of assets, demergers)
- Structuring of family ownership, family agreements Business transfers
- Corporate follow-up of companies and groups (annual meeting, operations on equity, cash pooling, intergroup relations)
- AMF regulatory matters (AMF accreditation of regulated portfolio management companies):
IP / IT
Our team operates specifically in relation to the following IP/IT issues :
Industrial and Intellectual Property and Image Copyright
We work at the protection and valuation stage as well as the defense of intellectual and industrial property rights (trademark rights, author’s rights and drawings and design rights, patent rights). This includes inter alia :
- Research into prior rights, filing, renewals and rights management,
- Contracts for the acquisition or disposal of rights, operating and maintenance contracts (e.g. licences, coexistence, co-productions, publishing, distribution/broadcasting agreements), etc.
- Industrial and/or Intellectual property audits,
- Procedures relating to the defense of rights before the French and European offices,
- Industrial and intellectual property litigation (in particular, ex parte procedures, attachments, infringement actions, unfair competition, parasitical practices and/or torts grounded procedures, recovery actions, nullity actions, domain names disputes).
Our team also assists with questions associated with personality rights, image copyright and protection of privacy, fashion models as well as in disputes with the press and defamation. We have specialist experience relating to specific issues in the music, design, luxury, live performance and entertainment sectors.
IT, Internet and new technologies
We have been specialists in IT and new technology issues since 1994. Our involvement started with the arrival of Internet issues in Europe and since then we have been working on classical and most recent issues in a constructive and pragmatic way.
We advise among the most innovative businesses notably in connection within the sectors of media, IT, games, medical, green energy, automobile and aeronautical whose issues necessitate specific understanding of the economic and technical environment. The interaction between the law and technological innovation is a major permanent concern.
The drafting and negotiation of contracts (e.g. research and development, licenses, IT developments, availability of software solutions, systems integration, facilities management, maintenance and other associated services, distribution, knowledge communication), issues relating to personal data, domain names, setting up websites, mobile applications, as well as other areas of IT and innovation law are many of the areas in which we have forged a solid reputation.
Our team regularly intervenes in litigation associated with these skill areas which may necessitate working as a team with engineers and technicians.
We also act as an outsourced data protection officer for our clients.
Advertising, marketing and consumer law
Relying on our extensive experience of this sector, we are able to advise you and offer practical solutions.
We enable you to objectify and quantify your risks and to take the appropriate decision so that they can be managed optimally with regard to communication restrictions.
We have the organization enabling usual time restrictions to be dealt with in this matter, regarding both relationships with rights holders, suppliers, advertisers, as well as the backing and management of multi-country campaigns, events and promotions which may require didactic and centralized follow-up tools to be put in place.
We are involved in the professional think tanks, having dealt with new issues in the sector induced by technology, regulatory or dispute developments specific to this area of activity (e.g. regulated sectors, comparative advertising, image copyright, unfair commercial practices, personal data, applicable law, etc.).
We also have practical experience which enabled us to build constructive relationships specifically with the ARPP, the DGCCRF [Authority in charge with controlling compliance with Competition Consumer and Fraud protection laws], the CNIL [French Data Protection Authority] and the Public Prosecutor.
Employment and social security law
Our assistance covers all aspects of the relationship between employees and their companies :
- Pre-employment analysis,
- Concluding and amending employment contracts,
- Compensation: salaries and employee savings plans,
- Breaches of employment contracts,
- Elections and functioning of employee representative bodies,
- Restructuring,
- Social audits,
- Length and organisation of working time,
- Collective bargaining, Individual and collective disputes,
- Urssaf control, Social Security and complementary social protection,
- Secondments, expatriation and impatriation.
Real Estate Property Law
Notre équipe intervient principalement dans les domaines suivants :
Our team works mainly in the following areas:
We support our clients (developers and local authorities) with all issues relating to town planning law, both in terms of obtaining planning permission and any legal action which may then arise.
Commercial leases
Alongside institutional lessors of shops and owners of shopping centres, we also support a number of national and international brands at their implantation stage and throughout the life of the commercial lease (termination clauses, triennial reviews, renewals, evictions, disputes relating to costs, etc.).
Residential and professional leases
We support our clients, who are mainly landlords, in any disputes they may have with their tenants (termination clauses, renewals, tenant evictions at the end of leases, etc.).
Construction Law
We provide an advisory and litigation service to prepare works contracts, but also in the context of disputes which may arise between contracting authorities and people involved in the construction process (mobilising building defects liability insurance policies, different liabilities, etc.).
Sales Law
We support our clients in disputes relating to Sales Law and in particular in the context of enforcement actions for forced sales, guarantees against hidden defects, share payments of capital allowances, etc. We also assist real estate agencies in collecting commissions owed to them.
Condominium Law
We assist our clients in with actions under Condominium Law. Examples of this include challenging decisions by general assemblies, recovering expenses, pursuing actions in order to refurbish common areas, etc.
Expropriation and Pre-emptive Rights
We support our clients (expropriating and expropriated authorities) in the context of monitoring the expropriation or pre-emption proceedings to which they are parties, particularly at the stage of establishing the expropriation compensation.
Foreclosures
We support our clients (creditors or tender candidates) in monitoring the foreclosure process of a property.
Litigation
Our team operates mainly in the following areas :
Risk management
We assist our clients from a pre-litigation stage in the management and control of their main legal risks. In this context, we may conduct audits, procedural guides and specific targeted reviews (company law, contracts and contractual chains, intellectual and industrial property rights and assets, employment and social security law, economic law, etc.). Furthermore, together with our clients we develop solutions and recommendations adapted to their business in order to anticipate and control their risks.
Ownership and efficient management of your disputes and litigation
Our team of lawyers guides and assists you in all the phases of your disputes: in the pre-litigation context, in the defense of your litigation and amicable resolution of your disputes.
To do this, we advise you throughout the procedure and beforehand in the choice of tactics and the procedure that is best adapted to your interests, taking into account your legal, financial and strategic issues. We consider that it is possible to change the balance of a case by intervening prior to a procedure when a problem is sensed in advance. We consider pre-litigation as an essential phase of disputes which should never be ignored.
It is a useful investment for our clients in the vast majority of cases. The same goes for the search for proof and details to demonstrate the loss.
Litigation usually managed by our team specifically include:
- Commercial
- Contractual
- Disputes between shareholders or partners
- Post-acquisition litigation
- International litigation: jurisdictional competence and applicable law
- Infringement and other intellectual and industrial property disputes
- Unfair competition and parasitism
- Image copyrigh
- Industrial risk
- Commercial lease
- Labor law
- Social Security Law
We have recognized practical experience in international disputes creating issues of private international law and we assist you before state and arbitration courts as well as through alternative methods of settling disputes such as mediation.
Structured finance
Our team operates mainly in the following areas:
- Negotiation of credit and facility agreements (either on the bank’s or on the lender’s side)
- Security interests
- Management of international structured finance operations
Private Equity, M&A, Corporate law and regulatory
Our team operates mainly in the following areas:
- Fund raising operations (investments in equity or in bonds (plain vanilla or structured securities), negotiation of investment agreements, shareholders’ agreement, management packages (BSPCE, BSA, free shares…))
- Mergers & Acquisitions, LBO (negotiation of domestic or transnational merger treaties, SPA, seller’s warranties, senior or mezzanine debt, etc.)
- Preparatory contracts (letter of intent, MOU, non disclosure agreements, etc. )
- Vendor or buyer due diligence (corporate, IP, commercial and labor)
- Group restructuration (mergers, partial contributions of assets, demergers)
- Structuring of family ownership, family agreements Business transfers
- Corporate follow-up of companies and groups (annual meeting, operations on equity, cash pooling, intergroup relations)
- AMF regulatory matters (AMF accreditation of regulated portfolio management companies):
IP / IT
Our team operates specifically in relation to the following IP/IT issues :
Industrial and Intellectual Property and Image Copyright
We work at the protection and valuation stage as well as the defense of intellectual and industrial property rights (trademark rights, author’s rights and drawings and design rights, patent rights). This includes inter alia :
- Research into prior rights, filing, renewals and rights management,
- Contracts for the acquisition or disposal of rights, operating and maintenance contracts (e.g. licences, coexistence, co-productions, publishing, distribution/broadcasting agreements), etc.
- Industrial and/or Intellectual property audits,
- Procedures relating to the defense of rights before the French and European offices,
- Industrial and intellectual property litigation (in particular, ex parte procedures, attachments, infringement actions, unfair competition, parasitical practices and/or torts grounded procedures, recovery actions, nullity actions, domain names disputes).
Our team also assists with questions associated with personality rights, image copyright and protection of privacy, fashion models as well as in disputes with the press and defamation. We have specialist experience relating to specific issues in the music, design, luxury, live performance and entertainment sectors.
IT, Internet and new technologies
We have been specialists in IT and new technology issues since 1994. Our involvement started with the arrival of Internet issues in Europe and since then we have been working on classical and most recent issues in a constructive and pragmatic way.
We advise among the most innovative businesses notably in connection within the sectors of media, IT, games, medical, green energy, automobile and aeronautical whose issues necessitate specific understanding of the economic and technical environment. The interaction between the law and technological innovation is a major permanent concern.
The drafting and negotiation of contracts (e.g. research and development, licenses, IT developments, availability of software solutions, systems integration, facilities management, maintenance and other associated services, distribution, knowledge communication), issues relating to personal data, domain names, setting up websites, mobile applications, as well as other areas of IT and innovation law are many of the areas in which we have forged a solid reputation.
Our team regularly intervenes in litigation associated with these skill areas which may necessitate working as a team with engineers and technicians.
We also act as an outsourced data protection officer for our clients.
Advertising, marketing and consumer law
Relying on our extensive experience of this sector, we are able to advise you and offer practical solutions.
We enable you to objectify and quantify your risks and to take the appropriate decision so that they can be managed optimally with regard to communication restrictions.
We have the organization enabling usual time restrictions to be dealt with in this matter, regarding both relationships with rights holders, suppliers, advertisers, as well as the backing and management of multi-country campaigns, events and promotions which may require didactic and centralized follow-up tools to be put in place.
We are involved in the professional think tanks, having dealt with new issues in the sector induced by technology, regulatory or dispute developments specific to this area of activity (e.g. regulated sectors, comparative advertising, image copyright, unfair commercial practices, personal data, applicable law, etc.).
We also have practical experience which enabled us to build constructive relationships specifically with the ARPP, the DGCCRF [Authority in charge with controlling compliance with Competition Consumer and Fraud protection laws], the CNIL [French Data Protection Authority] and the Public Prosecutor.
Employment and social security law
Our assistance covers all aspects of the relationship between employees and their companies :
- Pre-employment analysis,
- Concluding and amending employment contracts,
- Compensation: salaries and employee savings plans,
- Breaches of employment contracts,
- Elections and functioning of employee representative bodies,
- Restructuring,
- Social audits,
- Length and organisation of working time,
- Collective bargaining, Individual and collective disputes,
- Urssaf control, Social Security and complementary social protection,
- Secondments, expatriation and impatriation.
Real Estate Property Law
Notre équipe intervient principalement dans les domaines suivants :
Our team works mainly in the following areas:
We support our clients (developers and local authorities) with all issues relating to town planning law, both in terms of obtaining planning permission and any legal action which may then arise.
Commercial leases
Alongside institutional lessors of shops and owners of shopping centres, we also support a number of national and international brands at their implantation stage and throughout the life of the commercial lease (termination clauses, triennial reviews, renewals, evictions, disputes relating to costs, etc.).
Residential and professional leases
We support our clients, who are mainly landlords, in any disputes they may have with their tenants (termination clauses, renewals, tenant evictions at the end of leases, etc.).
Construction Law
We provide an advisory and litigation service to prepare works contracts, but also in the context of disputes which may arise between contracting authorities and people involved in the construction process (mobilising building defects liability insurance policies, different liabilities, etc.).
Sales Law
We support our clients in disputes relating to Sales Law and in particular in the context of enforcement actions for forced sales, guarantees against hidden defects, share payments of capital allowances, etc. We also assist real estate agencies in collecting commissions owed to them.
Condominium Law
We assist our clients in with actions under Condominium Law. Examples of this include challenging decisions by general assemblies, recovering expenses, pursuing actions in order to refurbish common areas, etc.
Expropriation and Pre-emptive Rights
We support our clients (expropriating and expropriated authorities) in the context of monitoring the expropriation or pre-emption proceedings to which they are parties, particularly at the stage of establishing the expropriation compensation.
Foreclosures
We support our clients (creditors or tender candidates) in monitoring the foreclosure process of a property.
Contact
Actualités
- DMS AVOCATS - DMS AVOCAT - Lawyers in PARIS Courts
- 139 boulevard Haussmann - 75008 Paris
- +33 1 53 81 50 40