Business Litigation
Anticipating risks, defending interests and securing economic stakes
The firm assists executives, investors and companies in the management and resolution of business disputes, at every stage of the dispute, with a view to controlling litigation risk and protecting the economic interests at stake.
The firm's work favours a rigorous and pragmatic approach, taking into account the financial, operational and reputational stakes, both in court proceedings and in the search for negotiated settlements.
Civil and Commercial Litigation
The firm's work covers civil and commercial litigation affecting companies, executives and investors in connection with their contractual and corporate relationships.
The firm acts in contractual disputes, in particular relating to non-performance, termination of commercial relationships, warranties and liability, and in corporate disputes relating to conflicts between shareholders, governance, the removal of managers or the challenge of corporate decisions.
Examples of services:
Contractual litigation:
- Claims for breach of contract or specific performance
- Disputes over non-conforming deliveries or late performance
- Disputes over the termination of established commercial relationships
- Actions en résolution ou résiliation de contrats
- Recouvrement de créances
Corporate litigation:
- Shareholder disputes (governance, dividends, share transfers)
- Directors' liability and removal
- Contestation de décisions d'assemblées générales
- Actions en abus de majorité ou de minorité
Business Criminal Law
The firm advises and defends companies and their executives and shareholders facing criminal law issues arising in the course of business, involving significant legal, economic and reputational stakes.
We assist the firm's clients at every stage of criminal proceedings, both in defence and as civil party (partie civile), from the pre-litigation phase and investigations through to the judicial investigation and trial stages before the criminal courts.
The firm acts in defining and implementing an appropriate criminal law strategy, taking into account procedural constraints and the coordination of any related civil and commercial proceedings.
Examples of services:
Criminal defence of executives:
- Responsabilité pour abus de biens sociaux
- Responsabilité pour insuffisance d'actifs ou banqueroute et actions en interdiction de gérer
- Responsabilité personnelle du dirigeant poursuivi aux côtés de sa société
Economic and financial offences:
- Défense ou constitution de partie civile en matière d'escroquerie
- Procédures relatives à des faits de corruption et de trafic d'influence
- Contentieux des pratiques commerciales trompeuses
The firm's commercial litigation practice is ranked “Pratique de qualité” (quality practice) by Décideurs, in the Litigation & Arbitration – Commercial litigation up to €100m ranking.
Recent matters
A selection of recent matters, presented anonymously, to give a concrete idea of the situations the firm handles and of how it approaches them.
Group of companies
Control of the management
Coordinated removal of the manager across several entities
Notices of meeting, majorities and timetable synchronised from one company to the next, anticipating the risk of removal without just cause (juste motif) and the damages claim of the ousted manager.
Unpaid debt
Enforcement and pre-action measure of inquiry
Debt recovery against a civil company (société civile) and its manager
Enforcement measures taken on the basis of the enforceable title held, followed by summary proceedings (référé) under Article 145 of the French Code of Civil Procedure to obtain the asset information needed before bringing proceedings on the merits.
International structure
Malta, Italy, France
Security registered over an asset held by a foreign company
A former spouse had registered a judicial mortgage over a property held by a foreign entity. Determination of the law applicable to the company, separation of estates and avenues for challenging the registration.
Distribution mandate
Exit and non-compete
Exit from a financial advisory and insurance mandate
Non-association and non-compete clauses, the court's power to reduce the penalty clause, sequencing of the departure to limit the agent's exposure.
Anonymised matters, published without any information enabling the parties to be identified. The situations described are specific to each case and do not imply any particular outcome.
A business dispute that is getting bogged down?
Disagreement between shareholders, unpaid debt, a company whose cash position is tightening: options close quickly and some foreclosure periods are counted in weeks. Set out your situation; the firm will tell you within twenty-four business hours whether it can act, within what timeframe and on what terms.
Gloria Avocats, your trusted legal partner
By email or by telephone, the firm will answer all your questions.
