Commercial litigation

Commercial litigation concerns a dispute which has not been able to find an amicable outcome by means of mediation or a transaction between two or more commercial companies and which constitutes an abundant source of litigation with multiple stakes.

The commercial nature of the dispute is identified when it concerns at least two traders within the framework of their professional activity. The Commercial Code defines the trader as the person who carries out commercial acts and makes it his usual profession (article L.121-1 of the Commercial Code). A trader can therefore be a natural person, but also a commercial company such as a public limited company (SA), a limited liability company (SARL) or even a simplified joint stock company (SAS).

Commercial disputes cover a very large number of situations such as an act of commerce concluded between a trader and a non-trader (sales contract, surety), or a conflict between partners of a company whose object is commercial. Taking into account this plural nature, HIRO Lawyers assist you and represent you both in claim and in defense before commercial courts in the context of all commercial disputes. Well-versed in the exercise of practice, they will be able to define the strategy most suited to the situation presented, whether for example:

  • Mediation designed to reconcile the interests of the parties and thus avoid the pitfalls of legal proceedings

  • An order for payment: This non-adversarial procedure is used in both civil and commercial matters and allows the rapid obtaining of an enforceable title in the absence of any dispute from the debtor

  • A summary provision: This procedure allows, in the context of a non-seriously contestable debt, to request payment by provision of a debt to the president of the competent court,

  • A subpoena: Such a procedure should be initiated in the event that the debt is likely to be the subject of a dispute by the debtor

In addition, HIRO Avocats also assist you within the framework of support for pre-litigation measures such as the analysis of the architecture of all your contracts, the drafting of framework contracts, general conditions of sale. and / or purchase, amendments and appendices intended to ensure compliance of your current acts with the legislation in force.

Strong of different experiences received during their respective professional careers, HIRO Lawyers are able to advise and assist you in the drafting and negotiation of the fundamental elements of your contract such as the definition and guarantee clauses, duration, termination, liability, or those relating to financial penalties.

The choice of the social structure (EURL, SARL, SA, SAS, SASU, SNC), as well as within the framework of the rules relating to the governance and the functioning of your company (in particular with regard to the responsibility of the directors and implementation of the decision-making process) are also at the heart of Cabinet practices.

This practice allows him to advise his clients in the drafting of current acts of social life (statutes of a company, minutes of ordinary and extraordinary general meetings, Reports of the Chairman, minutes of the board of directors and the keeping and updating the registers of general meetings and boards of directors)… The HIRO firm takes care of your annual legal obligations, as well as all the acts and formalities involved in the life of the company.

Examples of cases handled by the law firm

  • Infringement action for Ready-To-Wear companies in the luxury goods sector and the food industry,

  • Support for companies in the audiovisual production sector with regard to risks and potential infringements of image rights or privacy in the context of script writing,

  • Support of an internationally renowned cook in the context of a claim relating to a fraudulent trademark filing,
  • Unfair and parasitic competition action for companies specializing in the advertising sector,

  • Support and monitoring of start-ups as part of the compliance with the general conditions of use of their website and their confidentiality policy and implementation of Cookies.
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