With 350 trillion in debt worldwide, public and private, in 2022, a level never reached in human history, the rhetoric of guilt, which has surrounded the troubled debtor since time immemorial, is beginning to reach its limits.

“To be held”, “to be obliged”, “subjection of the debtor”, contemporary legal semantics further illustrates the moral constraint that creditors, first and foremost the banking system, seeks to exert on debtors.

However, the banking system has been both the main actor and the main beneficiary of the spectacular financialization of the economy over the past fifty years. In reality, it pursues its own interests to the detriment of the real economy, with regard to which it often behaves like a predator.

Our philosophy is to begin by taking our debt restructuring and asset protection clients out of any notion of individual culpability and providing them with expertise in identifying their creditors’ vulnerabilities, as well as protecting their assets.

Remaining combative and proactive – in a matter that tends to encourage repentance and withdrawal – seems essential to us.

Each case is unique and it would be vain and pointless to claim to list here, in abstracto, all the possible combinations.

As in all subjects, there are limits. But these limits are not those that we naturally think of.

While the contract is the product of an agreement of wills, the tort is an intentional wrongful act to which the law attaches an obligation to repair.

Civil offenses and criminal offenses are not to be confused: in order for wrongful behavior to be the subject of criminal sanctions, it is still necessary to provide for a specific incrimination (such as theft, drug trafficking, etc.), in accordance to the centuries-old principle of the legality of offenses and penalties.

The vast majority of obligations arising from the current legal world are of a contractual nature, and not tortious, and in particular those concerning relations with banks.

In many countries, the insolvency organization does not fall within the sphere of criminal law when the source of the debtor’s obligation is contractual in nature.

This is the case, for example, in France, article L.314-7 of the Penal Code only applies in tort, quasi-tort, and maintenance matters, and even then under certain conditions.

As a result, contrary to what banking establishments often strive to make believe, banking disputes most often fall within the purely civil arena (as opposed to the criminal arena).

The logic of the legislators is based on an observation of common sense: the banks and the companies which contract with the debtor have at their disposal a whole set of guarantees which they can use, and the public authorities are not intended to assist them in the recovery of their debts.

To our knowledge, no serious economic study has been conducted on the opportunity cost of debt collection and the impact of this cost on the behavior of banks.

Legal advisers who content themselves with delivering a strictly legal analysis – and unfortunately they are legion – are likely to seriously mislead their clients.

What is a theoretical analysis of the merits of a legal action worth if, in practice, it will take ten years, will cost a significant amount compared to the amount of the debt sought and can never be effectively executed? This theoretical analysis will be worth little or nothing, and will mislead those who seek advice.

A legal analysis only makes sense if it is coupled with an economic analysis of the clients’ stakes.

Experience shows that, in civil matters (as opposed to criminal matters), the levers available to debtors vis-à-vis their creditors are only limited by the imagination of the person who accompanies and advises them.

The rule of law has become both extraordinarily complex and constrained at the borders of the jurisdiction from which it emanates, financial globalization has become a reality that transcends any jurisdiction.

The combination of these two phenomena offers well-advised debtors a multitude of levers to protect their assets while allowing them to remain on strictly civilian ground.

We invite you to contact us today to determine your needs and the solutions we can provide.

The large international firms with several thousand lawyers are certainly suitable for handling the cases of multinational companies but are not intended, if only because of the prohibitive cost of their superstructure, to handle the cases of a large number of economic agents.

Strictly local legal advisers, for their part, are not intended to handle complex multi-jurisdictional cases and cannot select and supervise foreign legal advisers.

The individual or the company confronted with a complex multi-jurisdictional issue finds itself in a form of impasse:

• he or she is not competent to determine to which local legal adviser to turn first since this requires having resolved the issue of the most suitable jurisdiction and the applicable law, eminently complex questions in private international law;
• however, he or she must find legal counsel and, for lack of anything better, risks being directed to a local legal counsel who will seek to “tie” the case to his jurisdiction, potentially generating a conflict of interest and risking engaging the case on a dead end and very expensive road;
• the local legal adviser often has neither the desire nor the skills to negotiate the fees of the other local legal advisers he brings in on the case;

Individuals or companies faced with this type of case involving several jurisdictions often end up being doubly frustrated:

• both by the impasse in which the case finds itself at the legal level;
• and also by the high and uncontrolled costs of this type of organization.

Our services are aimed at individuals and companies looking for a global legal adviser, with a real international culture, able to advise them on the most suitable and competitive legal strategy by selecting and supervising local legal advisers.

Experience shows that this way of proceeding is incomparably more effective and less costly than that of going prima facie, without any visibility, to a local legal adviser.

It would never occur to anyone to have a building built by first contacting the heating engineer, however competent, rather than an architect.

We intend to fill this gap and become the architect of your legal strategy.

International commercial litigation is a complex area of law that involves disputes between parties located in different countries. These disputes can arise from a variety of reasons such as breach of contract, intellectual property infringement, or fraud.

The complexity of international commercial litigations stems from several factors. First, there is the issue of jurisdiction. Determining which court has jurisdiction over a dispute can be complicated, as parties may be located in different countries, and the laws of each country may differ.

Another challenge is enforcing judgments across different jurisdictions. Even if a party wins a case in one country, enforcing that judgment in another country can be difficult, as the laws of each country may differ.

Language and cultural differences can also add to the complexity of international commercial litigations. Different legal systems may have different interpretations of key legal concepts, making it difficult for parties to understand the implications of their actions.

A clear vision of the strategy to be put in place must exist before approaching a particular local council.

Our expertise consists in identifying the levers available to the company whose interests we are defending, setting up a global strategy and implementing it at the local level after ensuring the cost to be borne by our clients.

Lawsuit deterrence is a legal strategy aimed at discouraging potential plaintiffs from filing a lawsuit against an individual or entity. The idea behind this strategy is to make the cost of litigation so high or the likelihood of success so low that potential plaintiffs are discouraged from pursuing legal action.

Multi-jurisdictional divorces can be incredibly complex due to the numerous legal systems, different languages, and cultural differences involved. These divorces can involve assets in different countries, spouses from different nationalities, and various legal issues such as child custody, property division, and spousal support.

One of the main challenges is determining which country has jurisdiction over the divorce proceedings. This can be particularly complicated when spouses have different nationalities or have lived in multiple countries during their marriage. Additionally, different countries may have different laws regarding property division, alimony, and child custody, which can lead to conflicting rulings.

Another challenge is the logistics of gathering and presenting evidence from multiple countries. This can include financial records, property titles, and other documents, which may need to be translated and authenticated in each jurisdiction. This can be particularly challenging when countries have different legal systems and procedures for obtaining evidence.

Child custody issues can be particularly complex in multi-jurisdictional divorces. Determining which country has jurisdiction over custody matters can be challenging, and there may be cultural and language barriers to be overcome. Additionally, international child abduction is a serious concern, and precautions must be taken to ensure that children are not taken out of the country without proper authorization.

Asset division can also be a significant issue in multi-jurisdictional divorces. Different countries may have different laws regarding marital property, and it can be difficult to determine which assets are subject to division. Additionally, some assets may be held in trusts or offshore accounts, which can complicate matters further.

In the context of international divorces, without a strategic plan developed from the outset by a global legal advisor, the case generally results in failure and at an exorbitant cost, for several reasons: 

– a local counsel, that is to say attached to a particular jurisdiction, will very often be unable to understand the “global picture” of the case and will unfortunately often seek to “attach” the case to its own jurisdiction, without taking into account the true interest of the client (private international law, of great complexity, particularly in the choice of applicable law and competent jurisdiction, lends itself particularly to this type conflicts of interest); 

– a local counsel will not take any risks in drawing up an action plan if it is likely to affect his or her relations with the judges he or she interacts with on a daily basis; 

– once the case is on the wrong track, especially on the judicial level, it is almost impossible to go back, the objectives initially set become distant and the costs become disproportionate, generating frustration and a feeling of failure. 

Only a global legal adviser experienced in the exercise of these matters is in a position – before any legal proceedings and after having himself consulted, if necessary, local counsels – to understand all the legal issues, to provide advice on the various procedural options, to set a roadmap and to accurately anticipate the costs associated with the implementation of the objectives set.

Being successful in multi-jurisdictional divorces requires not only a deep knowledge of the laws and regulations governing international divorce cases but also:

• Absolute discretion and confidentiality;
• Multilingual skills;
• Cross-cultural awareness: a good understanding of different cultures can help the client navigate the complexities of the case and avoid misunderstandings;
• Strong negotiation skills: a skilled negotiator can help the client reach a favorable settlement and avoid a lengthy court battle;
• Attention to detail: attention to detail is essential in international divorce cases where there are often complex financial and legal issues to be resolved;
• Responsiveness: being readily available to answer questions and provide updates can help reduce the client’s stress levels during a difficult time;
• Empathy: understanding the emotional toll of these difficult situations can provide valuable support and guidance;
• Strategic thinking;
• Creative problem-solving;
• Assertiveness: being willing to fight for the client’s interests is critical for ensuring a favorable outcome;
• Resourcefulness: knowing how to access and utilize relevant resources is essential in achieving a positive outcome.

International successions can be highly complex and challenging, as they involve a range of legal and cultural issues. When assets are located in different countries, there may be questions of jurisdiction and conflicts of laws. If the deceased person held assets in multiple jurisdictions, the laws of each country may apply, making it difficult to determine the appropriate legal framework.

In addition, international successions often involve family members who are located in different countries, potentially creating difficulties in communication and coordination. Cultural differences may also come into play, particularly with regard to inheritance laws and customs.

Furthermore, the tax implications of an international succession can be significant, as each country may have its own rules and regulations regarding inheritance taxes and other related taxes. Failure to properly navigate these tax laws could result in significant financial losses for the heirs.

Another major challenge in international successions is the complexity of the probate process. Each country may have its own unique probate procedures, which can be difficult to navigate without the assistance of a qualified legal professional.

In the context of international successions, without a strategic plan developed from the outset by a global legal advisor, the case generally results in failure and at an exorbitant cost, for several reasons: 

– a local counsel, that is to say attached to a particular jurisdiction, will very often be unable to understand the “global picture” of the case and will unfortunately often seek to “attach” the case to its own jurisdiction, without taking into account the true interest of the client (private international law, of great complexity, particularly in the choice of applicable law and competent jurisdiction, lends itself particularly to this type conflicts of interest); 

– a local counsel will not take any risks in drawing up an action plan if it is likely to affect his or her relations with the judges he or she interacts with on a daily basis; 

– once the case is on the wrong track, especially on the judicial level, it is almost impossible to go back, the objectives initially set become distant and the costs become disproportionate, generating frustration and a feeling of failure. 

Only a global legal adviser experienced in the exercise of these matters is in a position – before any legal proceedings and after having himself consulted, if necessary, local counsels – to understand all the legal issues, to provide advice on the various procedural options, to set a roadmap and to accurately anticipate the costs associated with the implementation of the objectives set.

Being successful in multi-jurisdictional successions requires not only a deep knowledge of the laws and regulations governing inheritance law and cross-borders succession matters but also:

• Absolute discretion and confidentiality;
• Multilingual skills;
• Cross-cultural awareness: a good understanding of different cultures can help the client navigate the complexities of the case and avoid misunderstandings;
• Strong negotiation skills: a skilled negotiator can help the client reach a favorable settlement and avoid a lengthy court battle;
• Attention to detail: attention to detail is essential in international successions cases where there are often complex financial and legal issues to be resolved;
• Responsiveness: being readily available to answer questions and provide updates can help reduce the client’s stress levels during a difficult time;
• Empathy: understanding the emotional toll of these difficult situations can provide valuable support and guidance;
• Strategic thinking;
• Creative problem-solving;
• Assertiveness: being willing to fight for the client’s interests is critical for ensuring a favorable outcome;
• Resourcefulness: knowing how to access and utilize relevant resources is essential in achieving a positive outcome.

The process of evidence collection and analysis is a crucial aspect of legal strategy, particularly in complex situations involving multi-jurisdictional disputes or opaque legal environments. Our firm has developed specific expertise in this area, with a focus on implementing effective strategies for gaining access to evidence and understanding the opponent’s strengths and weaknesses.

This includes navigating the challenges posed by jurisdictions known for their opacity, such as those with strict privacy laws or limited access to public records. We work closely with our clients to identify the most relevant sources of evidence, including financial records, electronic communications, and witness testimony, and use our knowledge of local laws and customs to gather this information as efficiently as possible.

In addition to collecting evidence, we place a strong emphasis on analysis, with the goal of gaining a deeper understanding of our clients’ opponents and developing effective strategies for achieving their objectives. This includes identifying vulnerabilities, interests, priorities, and overall strategy, and using this information to inform our own legal approach.