Practice areas

Commercial law

The firm advises and defends its clients in the commercial law and similar fields on the following issues:

  • negotiating, drafting or termination of commercial or similar contracts;
  • negotiating, drafting, termination or neutralising restrictive trade clauses;
  • unfair competition practices;
  • brand protection;
  • intellectual property protection;
  • credit collection;
  • etc.

The firm has demonstrated experience and industry savvy in matters pertaining to:

  • negotiating, drafting or terminating commercial contracts, including litigation, in relation to commercial or technology transfer and sharing agreements, with particular regard to intellectual property, know-how and client base protection;
  • negotiating, drafting or terminating and litigation of restrictive trade clauses between companies, shareholders, etc.;
  • devising safeguarding measures for commercial contracts, for example: by negotiating the restructuring of a group of contracts; or by designing special contracts or clauses in close collaboration with the client; or by assisting client project or commercial managers with difficulties encountered during the implementation phase of the contract, which could result in damaging consequences such as late fee penalties or breach of contract.

Sample cases

  • Commercial contracts:

    • assisting with negotiations, drafting or termination of contracts, for example in the following fields:
      • services involving integrating computer systems, specific development operations, editing of professional software, etc.;
      • commercial or financial partnerships, seeking investors, sponsors, etc.,
      • architectural services;
    • designing and drafting model multi-service contracts for service providing companies;
    • etc.
  • Public contracts:

    • advising the main contractor of an information technology public procurement contract with a teaching hospital: making the hospital cancel the late fee penalties initially imposed (advice and assistance with pre-litigation issues);
    • advising the main contractor of a public procurement contract to provide goods and services to decentralised administrative authorities: obtaining compensation for the absence of an order from the main contractor in spite of the presence of a minimum amount as provided for by the contract (advice and assistance with pre-litigation issues);
    • etc.
  • Competition between companies:

    • withdrawing an appeal to sentence a investment consulting firm following claims of unfair competition practices, which resulted with the other party being asked to pay damages to the client of an amount in excess of the initial charges that was cancelled in appeal (the firm not being in charge of the firm);
    • negotiating the withdrawal of a restrictive trade clause included in a technology and commercial sharing and transfer agreement between two computer companies operating in the electronic signatures and certificates field;
    • advising and assisting a luxury products manufacturer seeking to stop the sale of certain products on the Internet by some distributors. The case was resolved by drafting rules of good conduct to be observed by both parties;
    • advising a service providing company in connection with an operation to recruit a team working for a competitor, under fair conditions;
    • advising a former majority shareholder of an industrial company in order to develop an activity competing with the sold company, under fair terms;
    • etc.
  • Banking litigation:

    • obtaining the sentencing of a high profile international bank to respect a bank warranty granted to an international service firm;
    • negotiating to obtain the debt restructuring of an industrial holding firm;
    • various classic banking litigation relating to credit;
    • etc.
  • Intellectual property protection:

    • engaging proceedings to oppose and cancel the manufacture and distribution of computer materials brand before the I.N.P.I. (French IP regulatory authorities) and the Office of Harmonization for the Internal Market (O.H.I.M.);
    • negotiating the termination of a sharing agreement for the distribution of intellectual property and exploitation rights of a software and specific development between two information technology companies;
    • defending a luxury products manufacturer in connection with counterfeiting in the watch making and multimedia sectors;
    • etc.

These examples are only a sample of the cases handled.

ALYANAKIAN AVOCATS - 3 avenue MOZART - 75 016 PARIS - FRANCE | Tel : +33 (0)1 45 25 45 78 | Fax : +33 (0)1 45 25 63 90