Billand & Messié law firm represents and assists its clients at all stages of litigation before all civil and commercial jurisdictions with respect to disputes related to various aspects of business law.
Business litigation
Strategy and procedures
Our lawyers assist their clients, whether as claimant or defendant, in the implementation of the following procedures:
- Order for payment procedure before the Commercial Court in the event of unpaid claims
- Proceedings for interim measures before the Commercial Court in case of urgency or obviousness as to promptly obtain a provisional judgment
- Main proceedings before the Commercial Court to obtain a final judgment ruling the entirety of the dispute
- Appeal to the Court of Appeal to contest the judgment rendered by the Commercial Court
Before initiating a proceeding and when possible, we discuss with our clients the opportunity of concluding amicable settlement agreements – satisfactory to them and protecting their interests – in order to end the dispute and save cost and time.
When legal action is inevitable, we establish a comprehensive litigation strategy and ensure that our clients understand and validate this strategy. We also endeavor to keep the client informed in real time of the progress of the procedure.
Our fees depend in part on the result obtained.
Corporate litigation
The law firm regularly defends its clients, founders, investors, minority shareholders or managers, in the following disputes:
- Management liability: abuse of corporate property, excessive compensation, management error, conflicts relating to regulated agreements, non-calling of general meetings, etc.
- Shareholders litigation: valuation of minority interests, undue use of minority powers, deadlock situations, disputes relating to general meetings, distribution of profits , etc.
- Mergers and acquisitions disputes: breakdown of negotiations, breaches of SPA warranties and representations, disputes relating to price adjustments, etc.
- Post investments disputes: litigations relating to warrant exercise, equity dilution, etc.
Our lawyers’ mastery of French civil and commercial procedures makes it possible to propose the most suited strategy to defending the interests of our clients.
Contract law and contractual liability
Billand & Messié provides advice before disputes arise, helping to assess risks relating to contractual performance and renegotiate current agreements.
The firm also represents clients involved in disputes regarding breach of agreements, agreement termination, breakdown of negotiations and distribution networks.
The firm handles commercial lease disputes and numerous tort cases, including tortious interference with agreements, unfair competition, and defamation.
Restructuring & Insolvency
We assist our French and foreign clients in all special and distressed situations, including groups of companies, debtors, shareholders, creditors, and investment funds. Our practice covers the main areas of insolvency-related matters, including:
- Pre-insolvency proceedings, including mediation and conciliation
- Formal insolvency proceedings: safeguard, accelerated (financial) safeguard, reorganization and liquidation proceedings
- Distressed M&A: buy-side and sell-side, including conciliation, prepack transactions and sale plans
- Preparation and negotiation of restructuring plans, including safeguard and continuation plans
- Representation of management and shareholders in liability claims: lender liability, mismanagement claims, and fraudulent conveyance
- Assistance to creditors, banks, contracting parties, third parties: declarations of claims, contestation of declared claims, actions in liability, assignment of contracts within the context of judicial assignment plans
Banking and financial law
Billand & Messié assists its clients in all litigation related to financial law notably related to:
- Repayment of credits
- Banks collateral and debt restructuring (senior, junior, bondholders, high yield)
- Market abuse: insider trading, price manipulation, misleading information, etc.
Recent cases
Billand & Messié Advised a French start-up operating in the blockchain industry
in the context of a 5 million euros fundraising through the issuance of warrants giving right to shares and utility tokens.
Billand & Messié advised a European leader in the production of renewable energy
with the implementation of a joint venture for the development and operation of a wind farm.
Billand & Messié assisted a German group in the context of a litigation
before the Commercial Court of Paris with respect to the non-execution of supply and maintenance agreements.
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