Litigation and Arbitration
Genesis Avocats has a wide-ranging experience in litigation, particularly in the following domains :
- Associate disputes and liability guarantees
- Business relations
- Business criminal law
LEGAL 500 referencing (Editions 2014 and 2015)
Dispute resolution: commercial litigation and business law (Category 5)
« Genesis Avocats’ expertise is of very high quality. Litigation activities are directed by Philippe Feitussi, a shrewd strategist with impressive control and ingenuity, never short of ideas for solving the next problem. The firm deals with technical and financing litigations, often linked to property and environmental law issues. It is also counsel for an African State ».
Genesis Avocats handles in particular transactions and cases related to :
- Mergers/acquisitions and equity capital market operations
- Project funding and venture capital
- Commercial, joint-venture agreements
- Restructuring and reversals
The team treats complex cases by developing original and pertinent strategies.
Over the past years, our team has successfully completed major restructuring and merger/acquisition operations, particularly in the industrial, commercial and real estate domains, where our lawyers have leading edge expertise.
On average, Genesis Avocats structures assets worth over 400 million euros each year.
Genesis Avocats has developed a recognized commercial law practice, mainly in the following domains :
- Negotiation, drafting and implementation of commercial contracts
- Commercial leases
- Sale of business capital
- Commercial agents
- General conditions of sale/purchase
- Business difficulties
- Commercial papers
Public business law
Public and private contracts – Complex contracts – Public procurement - International public law – Community law
Genesis Avocats provides advisory and litigation services for public and private enterprises.
- Public (markets, DSP, PPP, CPI, BEA, concessions, AOT) and private contracts (contracting, grouping agreements) and management techniques (direct management, delegated management, SEM, SPL, SEMOP)
- Assistance with the choice of an adapted contract and drafting specifications, definition of assistance procedures and procurement procedures (lines of business: transport, waste, water, construction, ports…)
- Audit procedures and contracts
- Assistance with the redefinition of enforcement conditions (company default, amendment, termination) or control (CRC...)
- Pre-contractual and contractual procedures, preventive summary applications, expertise procedures, interim payments, suspension: our firm has developed a high degree of expertise and a track record of pertinent evaluation
- Administrative liability litigation
- Competition law and criminal procurement law, assistance and representation before national (Competition authority, Court of Appeal of Paris) and European courts Commission, TPI, CJCE)
- Assistance and representation before regulatory authorities
Development and urban planning
Genesis Avocats assists public and private operators with advisory and litigation matters in all areas of urban planning and urban development :
- Building permit and other obligatory administrative authorisations auditing (authorisation laws related to water, clearing, ERP and IGH regulations, etc…)
- Assistance with land division terms and conditions
- Legal set-up and security of planning and property development operations (optimisation of building rights and choice of adapted implementation)
- Security of urban planning documents procedures (PLU – local town planning …) and assistance with drafting these documents
- Advice with land acquisitions (expropriation, pre-emption, amicable acquisition) and legal representation (compensation or price fixing)
- Shareholdings and taxation of urban planning and development
- Choice of adapted funding for public infrastructures
- Assistance with the procurement, negotiation and drafting of development concessions and complex contracts
- Commercial urban planning (audit of commercial sector building permits and commercial exploitation authorisations, assistance before the CNAC, litigation)
- Land Management issues
- Litigation strategy adapted to the clients’ needs ( emergency procedures management, procedural timetable optimization) and administrative disputes settlement agreement
- Urban planning criminal law
- Strategic advice and large-scale property projects management
- Specific litigation (wind turbines, coast, mountain…)
Décideurs (2015 listing of the best legal firms) ranked GENESIS AVOCATS in the « Key » category for « Urban planning, Development, Land issues » and in the « High reputation » category in « Commercial urban planning ».
« GENESIS AVOCATS possesses leading expertise in the domain of urban planning and development » (The Legal 500, Paris 2015-2016)
Genesis Avocats provides advice and assistance with construction law litigation for the public and private sectors.
In particular, the firm has developed specific expertise in the following domains :
- Drafting and negotiation of property development contracts, works contracts, sale of property in future state of completion
- Advice and assistance to contracting authorities and to public and private operators for procurement procedures and works contract management before and after reception
- Representation before legal and administrative jurisdictions
- Preventive actions
- Constructor liability law and litigation
- Construction insurance law and litigation
- Neighbourhood disturbance litigation
LEGAL 500 recommends GENESIS AVOCATS for its expertise in construction law.
Genesis Avocats provides advisory and litigation services in various sectors of activity: offices, housing, commercial activities and shopping centres, leisure parks, industrial and logistic activity, residence services, hotels, healthcare facilities, solar and wind turbine farms.
- Real estate transactions
- Audit of property acquisition or real estate portfolios
- Financing and structuring of property operations
- Real estate taxation
- Civil and commercial leases
- Regulations of real estate professions
- Specific regulations (IGH ERP…)
- Office approval and charges
Genesis Avocats offers advice and litigation services in environmental law.
The firm has developed particular expertise in the following domains :
- Advice and assistance for contractors and operators in public consultation procedures, exchange of ideas and public inquiry
- Audit of impact studies related to classified installation projects (ICPE), wind turbines, and projects subject to building or development permits
- Polluted site and soil issues (liability, legal expertise, contractual clauses…)
- Law and litigation of classified installations (ICPE)
- Law and litigation of quarries, mining concessions
- Water law, including “water authorisation law”
- Authorisations related to nature protection (in particular for protected species)
- Forestry law, including clearing authorisations
- Sustainable energy law and litigations, including wind turbines
- Drafting environmental clauses in contracts
- Litigation and advice for financial guarantees
GENESIS AVOCATS is ranked by Décideurs (2015 listing of the best law firms) in the « Key » category for « Environmental law ».
Banking law and finance
The lawyers at Genesis Avocats advise and litigate in the domain of banking law for banking organizations and investment funds.
The firm helps clients to define and implement structured financing strategies for merger/acquisition, LBO, but also recovery and liability procedures before civil and commercial jurisdictions.
Genesis Avocats has a proven track record in enforcement procedures.
The firm regularly implements precautionary (seizure of receivables, bank accounts, associated rights, judicial mortgages) and enforcement measures (attachment on bank accounts, seizure sales, security, forced sales).
It represents its clients in litigations involving these measures before civil and commercial jurisdictions.
Foreclosure is another area in which the extensive expertise of Genesis Avocats excels.
Genesis Avocats has developed a wide-ranging experience in healthcare law, and in particular in :
- Pharmaceutical industry contracts
- Civil, administrative and criminal liability of professionals in the sector
- Regulation of health products and medical, sanitary, social and medico-social structures
- Clinical trial regulations
- Fundraising, venture capital / joint-venture
- Commercial relations between health industries
- Industrial, intellectual and numerical property rights
- Ethical procedures
Genesis Avocats has developed recognized practices in tax law.
The firm advises in matters of inheritance, corporate and VAT taxation.