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Economic and Commercial Law

What your lawyer can do for you

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You wish to launch and/or develop a business project?

Over the past 25 years, we have met hundreds of project leaders and entrepreneurs. This is what gives great strength to our advice.

  • First of all, we want to make sure we understand your project and your business, this includes your day-to-day work environment.
  • We help you choose the best framework for your business to be secure (therefore downstream): franchise, trademark license, distributorship, etc. or by simply writing solid and customized General Terms & Conditions for your business.
  • We also work with your suppliers (therefore upstream): we assist you with the decision-making process, we draft for you various contracts (confidentiality, non-competition agreements, partnerships, consortium agreements, etc.).
  • We are also able to manage very complex contracts, such as leasing agreements, financing contracts, and we also manage projects that take place abroad. We have a great deal of expertise in the area of contracts and are able to approach a situation from all angles.
  • We draw up and/or secure all these contracts for you. We can also help you negotiate such contracts and agreements with your business partners. We have at heart your interests and the economic balances at hand.
  • Working hand in hand with other teams within our firm and their respective areas of specialization, we can meet all expectations and address all legal issues related to the development of your project (employment contracts, partnership agreements, taxes, acquisitions, drafting of your IT terms and conditions, terms and conditions of use, etc.).

You have a special problem to deal with, on a one-off or recurring basis? Debt collection, a supplier or partner who is causing you problems, competitors or former employees who behave badly, etc.

We have extensive experience in litigation, which we have been practicing for more than 25 years. We always think about the strategy to be implemented in times when a company is in difficulty. Such bad behaviors can even turn the life of a company upside down. It must be dealt with as effectively as possible.

We know how to:

  • Make a diagnosis very quickly on the stakes at hand, in light of the problem you are encountering.
  • Implement a strategy that is fully adapted to the issue at hand: whether it involves restraining orders, preliminary injunctions for the recovery of a debt or the preservation of evidence for more sensitive cases, emergency measures or the choice of a longer-term strategy, etc. In short, we know how to use all the legal and judicial arsenal at our disposal to strike swiftly and hard at those who harm your interests in one way or another.
  • Advise you in an effective manner when your company is being sued = choosing together the right angle of defense, helping you in the search and selection of evidence, building a simple but effective case.
  • We are also convinced that, sometimes, the best solution is to try to find a negotiated agreement. To that end, one of the firm’s partners is specifically trained in collaborative law and mediation for companies.
Your team

The team is multidisciplinary, and we combine our skills
and experience because we have our clients’ best interests at heart.

Jean-Baptiste
GUEDON

Lawyer

02 41 25 72 68 contact

Faculté de Droit d’Angers

Master 2 Contentieux privé

Faculté de Droit de Caen Normandie

 

Ecole des Avocats de Poitiers

 

Prestation de serment en 2020

Bertrand
BRECHETEAU

Partner

+33 (0)2 41 25 72 68 contact

Master’s degree in Private Law

University of Paris II – Panthéon Assas

Admitted to the bar in 1993

Specialist in Commercial,

Business and Competition Law

Lydie
CAPILLON

Legal Assistant

+33 (0)2 41 25 72 68 contact

Séverine
HEURTEBISE

Legal Practitioner

+33 (0)2 41 25 72 68 contact

Master in Health and Ethics Law

Gwennaëlle
RICHARD

Lawyer

+33 (0)2 41 25 72 68 contact

Master in Private Law

in Fundamental Criminal Law

(University of Montpellier)

Doctor of Law (PhD) Private Law

(University of Saint-Denis de la Réunion)

Admitted to the bar in 2017

Audrey
POULIGNY

Lawyer

+33 (2) 41 25 72 68 contact

Certificate in Common Law and Comparative Law Former

Legal Translator (English-French)

Admitted to the bar in 2009

You have questions. We are here to help you.

I want to put my product/service on the market and/or online (my e-business); organize a distribution network for my product/service on a large scale, in the form of a network. How does franchising, licensing, or becoming a distributor work?

We know how to listen to you with simplicity and speak to you with the same simplicity.
There are many solutions to present your goods and/or services to the market, different types of contracts depending on whether you want to do BtoB or BtoC marketing; sometimes it’s as simple as drafting solid general terms and conditions of sale, sometimes it’s more sophisticated.

You should feel that you are listened to, that is really important. You should feel that your voice is heard that we understand your concerns and that we implement what you really want, to the extent possible in light of the context of your case.

I drafter my general terms and conditions myself, by going on the internet and looking at what others are doing, but I'm not sure it's right? And I don't know where and when to get these general terms and conditions of sale or services signed?

We are familiar with our clients’ various business environments, be it industry, digital, automotive, e-commerce, and commerce in general. Drafting general terms and conditions of sale or services seems simple but, in fact, there are quite a few subtleties that should not be overlooked because each activity is much more different than we think. Besides, they are absolutely useless if they are not used properly.

I have a problem with a supplier who did not deliver the right product, or his/her computer system does not work well, he/she has put me in great difficulty with my business, what can I do? With a product in equipment leasing and it does not work properly, with a customer who does not pay.

For all such cases, it is first necessary to define a strategy by carefully examining the equation, the strengths and weaknesses of the case, and the solvency of the parties. And then we choose how to go about it.  It often starts with a formal notice (a demand letter) that allows us to gauge the level of opposition we are dealing with; and then we file an action to achieve the desired result.
We often see these types of scenarios and not only do we have the knowledge of the Law but we also have extensive experience with real-life cases. We’ve dealt with hundreds of them, as you can see here. The strategy is always chosen to achieve the quickest result at the lowest cost.

I need to draft contracts that are complicated because there are people involved in all directions, can you take care of that for me?

We want to make sure we understand what you do, and even if it’s complicated, we always manage to do it.

The law is very creative and there is no problem without a solution: we know how to use all the tools at our disposal, to meet your needs as closely as possible, so that your project can get off the ground. We love innovation and we are bold. Trusts, leasing agreements, floor-plan etc., all these complex contracts can be original and creative tools.

I want to work with a commercial agent, how do I do that?

It is important to ask the right questions: which geographical sector, which commissions depending on whether the sale is made directly by the commercial agent or simply on his/her sector, what are the consequences on his/her contract when online sales are used?  Be aware of the applicable status, in particular the commercial agent’s right to a clientele compensatory payment, etc. We will draw up the contract according to your wishes and in compliance with the mandatory rules applicable in this area.

I want to make sure my insurance policy is adequate for my business; can you help me?

Yes, it is very important for your safety. You need to match your client’s legal arsenal to your insurance coverage to make sure they complement each other well. We can work with your insurance company in order to achieve this goal.

My client/supplier has just abruptly broken off an established business relationship, what can I do?

We have to move fast. Secure evidence of such abrupt termination.  The Law provides very effective tools (L442-1 of the French Commercial Code).

My former employees, my competitors in general, are clearly competing unfairly with me because they use shocking information or processes, I want to react.

You are right.  If competition is free, it needs to be fair. If not, action must be taken.

Here again, we have developed a great deal of expertise, particularly in searching for evidence of the wrongdoings conducted by your ill-intentioned competitor. In addition, our knowledge of how companies and markets operate enables us to define prejudices that are often difficult to assess.