Legal skills

Any business, large or small, faces problems in business law, competition and the distribution of its products or services :

• How do I put my contractual relations with my partners, my clients, my business finders and intermediaries or my distributors on a formal footing?
• How do I draw up the corresponding contracts, and what contractual architecture should I choose? Once that is decided, how do I draw up clauses which protect my interests and fit with my activity?
• Do I have to accept or refuse an exclusive arrangement, a non-competition commitment or a partnership? How can I formalise it so that it is valid, enforceable and consistent with the rules on competition?
• Have I chosen the right contractual architecture to distribute my products or services?
• How do I terminate a partnership, a contract or a commercial relationship without laying myself excessively open to the risk of legal action or dispute?
• Etc.

Derriennic Associates can provide you with pragmatic contractual and legal answers to all these questions in a way that fits with your activity. The point is that a business relationship and a distribution circuit which are carefully designed from the contractual and legal standpoint will help your business to operate effectively and at a profit, while reducing your risks. Derriennic Associates has been working with its clients for over thirty years on setting up distribution strategies and contractual architectures to fit their needs, whether they be:

• Franchise networks,
• Concession or distribution contracts,
• Commercial agent or commission agent contracts,
• Intermediary, consultant or broker contracts,
• Framework partnership or sales contracts,
• General conditions for the sale of products or services,
• General conditions for the purchase of products or services,
• Mandate or leased management,
• Etc.

We work every day for major CAC 40 companies and for SMEs/microenterprises across a range of sectors including :

• Traditional commerce and online commerce,
• Industry,
• IT,
• Publishing,
• Defence and security,
• Insurance,
• Banking and Finance,
• Energy,
• Construction and real estate,
• Etc.

The fact that Derriennic Associates is a member and administrator of a European economic interest group (EEIG Cyrus Ross International), composed of legal practices in various countries, enables us to put in place transnational distribution networks and contracts. Derriennic Associates is therefore able to respond to international issues which may arise for its clients in the conduct of their business and the marketing of their products or services. As well as drawing up agreements and contracts in English, Derriennic Associates can also draft them in a number of other languages, including German, Dutch, Spanish, Italian, Portuguese, Hungarian, Czech, Finnish, Swedish, Norwegian, Danish and Bulgarian. The structure of relationships among economic players can be a source of tension and give rise to litigation with significant issues at stake, which is why we offer our clients our knowledge and expertise regarding business litigation, competition and distribution. A team of experienced lawyers up to date with all economic players, legal regulations, procedural rules and with substantial expertise in corporate law litigation are at your service. We represent our clients in every aspect of business litigation, competition and distribution, such as:

• • Litigation between purchaser/vendor of products or services;
  • Liability in the case of poor performance of a contract or breach of contract, as well as breakdown of negotiations or established commercial relationships;
  • Defects in a product sold or a service provided;
  • Professional liability of key players in the business world (chartered accountant, counsellor, development departments, engineering offices, businesses, etc.);
  • Unfair competition suits (customer poaching, staff poaching, denigration) or commercial parasitism;
  • Litigation between the payer and sales agent, proxy, business finder, broker or any other intermediary;
  • Litigation regarding contract implementation or termination, especially regarding franchise agreements, contract commissioning, concession contracts, distribution agreements, integration agreements, sales agreements, etc.;
  • Litigation relating to exclusivity clauses, non-competition undertakings, etc.;

Anti-competitive behaviour. In order to bring our clients clear added value in the areas of business litigation, competition and distribution:

• We work with them to determine a litigation strategy right from the start, in terms of both the procedural side and the substance;
• We give pragmatic advice on the possibility of being convicted;
• We do not rule out the possibility of finding an amicable settlement to the dispute or any other alternative procedure such as mediation, conciliation or arbitration;
• We regularly inform our clients on the process of legal proceedings;
• We provide detailed work on the file and attachments entrusted to us;
• We use our expertise in litigation and our experience before courts of law to present judges with compelling files and persuasive analysis;
• We position ourselves in such a way as to be an active player in a trial and not merely undergo it.

On this basis, we work in synergy with insurance companies specialising in the field (AXA, CHUBB, etc.), and we enjoy close connections with many players in business litigation, including court bailiffs, technical experts and financial experts. We are also familiar with the various French courts, and at the same time have a network of partner offices abroad, enabling us to take on litigation with an international dimension.