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Practice Area Definitions: France

Banking & Finance

A broad-based definition of banking transactions, which include both borrower and lender clients. The following topics are included:
- Acquisition finance: transactions involving arranging finance for acquisitions acting for either the lender or the borrower;
- General bank lending: syndicated lending, structured finance, leveraged finance, NPLs
- Refinancing: The refinancing and restructuring of existing loans and debtor in possession financing is also included.

Financial Services Regulation

Includes work on regulatory matters in the financial services, including the implementation of new directives and national legislation, regulatory aspects of fintech and other general regulatory advice.

Capital Markets

Capital Markets: Debt involves advice on the issuing of debt securities on a stock exchange, including stand alone bond issues, MTN programmes, convertible and exchangeable bond offerings and high yield bonds.

Capital Markets: Derivatives includes the regulatory and transactional legal advice regarding derivatives products. These include exchange-traded derivatives, OTC derivatives, securitised derivatives and interest rate derivatives.

Capital Markets: Equity includes advice on IPOs, share buybacks, follow-on offerings, right offerings, capital increases, accelerated bookbuilds and block trades.
Capital Markets: Structured Finance Structured finance, which encompasses CDOs (both cash and synthetic), repackagings, and hybrid synthetic and structured note products.

Competition/European Law

This section encompasses contentious and non-contentious matters arising under EU, domestic and international competition law, including cartels, abuse of a dominant market position and merger control. Unless a more specific subsection exists, areas such as antitrust, state aid and public procurement are also considered here.

Construction

Construction covers contractual advisor work within the construction industry for both the suppliers (eg developers, contractors, engineers and architects), and those clients employing these types of companies eg corporates or state authorities on their building plans. Our construction sections cover both litigious and non-litigious matters.

Corporate Compliance & Investigations

This section ranks firms and individuals that advise corporate clients on corporate governance, anti-corruption, anti-bribery, anti-money laundering, fraud, market abuse, insider trading, roles and responsibilities of management and executives, etc. The law firms involvement can be training, implementing compliance programs and preventative measures, internal investigations and external investigations (at pre-trial stage). Compliance programs and investigations that relate to other specific sections in the guide (such as Banking & Finance: Financial Services Regulation or Competition/European Law) should be kept to those sections.


Corporate M&A

This broad category covers both public company and private equity (including venture capital) matters. The chapter includes company acquisitions, dispositions and capitalisations, entity selection and formation, operating and partnership agreements, securities and governance matters. Also covers those transactions designed to help restructuring within companies and their subsidiaries by change of ownership. However in jurisdictions where another more specialised section covers any of the work mentioned above, that work should be submitted in that section, and not in Corporate / M&A (e.g. Equity capital markets work in Capital Markets, venture capital in Private Equity, financing work in Banking & Finance, transactions involving real estate assets in Real Estate)

Priority is placed on primary representatives, those acting for buyers and sellers.

Distribution/Commercial Contracts

This section covers practices that assist clients with agreements relating to the establishment and development of commercial activities between non-public sector entities. It primarily looks at co-operation agreements to carry out commercial activities, including ongoing supply, agency, distribution, franchising or manufacturing agreements relating to trading activities and commercial strategies. Such agreements can be either domestic or cross-border in nature.  


Employment

Covers both contentious and non-contentious employment matters relating to day-to-day business issues as well as mergers and takeovers. Includes employment litigation related to sex, race, age discrimination. Issues relating to employee immigration, transfer of employees, working hours and pensions are also considered in this section, unless a more specific section exists within the jurisdiction.

Environment

Environment work includes regulatory compliance, litigation and enforcement actions relating to air, water, wetlands, waste and endangered species. Matters relating to the environmental impact of construction and development projects, consumer products, environmentally detrimental incidents and pollution are also considered here.

Environmental, Social and Governance

This section consists of the leading firms and lawyers who advise clients on their responsibilities and obligations with respect to the environment, society and their own corporate governance. Prominent areas of activity within this section include carbon neutrality and climate change litigation, sustainable finance, supply chain analysis and responses to socio-cultural developments such as allegations of sexual abuse and of discrimination on the basis of race, gender or sexual orientation. The section considers the ability to act across the whole scope of these activities, including analysing existing policies and structures for potential risk exposures, and responding to ESG crises affecting clients.  

Foreign Investment

The Foreign Investment section covers all work related to foreign direct investment regulations and reviews. Lawyers would advise clients before the French ministry of Economy and other relevant authorities and assist with FDI screening regimes and clearances for inbound investments. 

Insurance

Insurance includes both contentious and non-contentious insurance and reinsurance matters. On the contentious side, we feature coverage claims litigation, broker`s negligence and both `facultative` and `treaty` reinsurance disputes. There is also an element of professional negligence issues arising from insurance disputes. On the non-contentious side, we include all regulatory issues.

Intellectual Property

Intellectual Property covers advisory work and disputes related to patent, copyright and trademarks. Litigation concerning trade secrets also features.
Priority for ranking is given to those firms and individuals who attract clients specifically for their expertise in this area.

International Trade/WTO

The International Trade/WTO section covers classic trade cases such as anti-dumping, countervailing duties, export control and other customs/tariff classifications and regulatory work. The practice area also includes issues such as WTO and other treaty-based trade and investment disputes, bilateral and multilateral trade negotiations, and market access issues.

Investment Funds

This section ranks those firms and individuals advising in the world of investment funds. It covers work on behalf of sponsors and institutional investors, including fund formation, fund raising, investments, asset management regulatory matters, hybrid funds, fund-of-funds and spin-outs.  It does not include transactional work, disputes or the acquisition of assets (which should be included in Corporate/Disputes/Real Estate).  In jurisdictions where there is also a Private Equity section, work relating to fund formation and structuring should be included in the Investment Funds section.

Litigation

In general, our broad definition of Litigation covers the full course of a dispute such as pre-trial negotiations, preparation for trial, trial, appeals and enforcement proceedings. Litigation in France covers mainly commercial disputes. White-collar crime cases and arbitration mandates should be included in the respective sections (WCC and International Arbitration).

Litigation: Elite and Litigation: Highly Regarded

The Litigation Elite section will rank firms handling the most complex and sophisticated work, whereas the Highly Regarded section will focus on more mid market firms. Firms can submit to either sections and the research team will decide which is the most appropriate for a ranking, the research for Elite and Highly Regarded will take place at the same time.

Private Equity

This section focuses on the transactional aspect of private equity funds work. It takes into account LBO, M&A and recapitalisation matters at both the high-end and mid-market level.
 In France, Venture capital work should be included on the submissions for the Venture Capital subsection.

Private Equity: Buyouts (Acting for Management)
This section focuses on the representation of management and executives in private equity transactions and the negotiation, structuring and implementation of management packages.

Projects & Energy

This chapter focuses on the development, acquisition and divestitures of large projects within the infrastructure and energy markets. Clients in this sector include sponsors, lenders, project originators and multilateral agencies and development banks. This section includes the development of refineries, pipelines, LNG and petrochemical terminals, power plants and wind power, waste-to-energy and hydropower technology. It also covers exploration, licensing, operation agreements and regulatory compliance across conventional, renewable and nuclear energy, as well as mining and minerals. It also features private and state-sponsored infrastructure projects, including motorway, toll road and bridge developments, rail and light rail systems and water treatment plants. It also includes the development of social infrastructure projects, such as hospitals, schools, housing and prisons.
Projects & Energy: Energy: Regulatory
Subsection focusing on the regulatory aspects of energy law. This includes regulatory advice on permitting and licensing as well as representation in contentious regulatory cases.

Public Law

The work usually involves advising authorities and companies from regulated industries on constitutional, administrative, subsidy and state aid issues, as well as  advice to private clients on concessions, PPP and public procurement.

Public International Law

Public International Law covers inter-state disputes such as those before the International Court of Justice, the International Tribunal of the Law of the Sea and the International Criminal Court. Firms and individuals recognised in this section will have expertise on a wide range of state-to-state disputes, international humanitarian law as well as sovereign immunity, sanctions and boundary rights.  

Real Estate

Ranks firms and individuals focusing on real estate law. Strong focus on transactions involving significant Real Estate assets and portfolios such as office buildings, residential developments and retail units. Also include matters relating to leasing and real estate finance. Where there isn’t a more specific construction ranking available, construction and development work also falls under real estate. Some examples of structuring and transactional advice provided to REITs, transactions involving real estate holding companies and regulatory advice can also be included among the examples of work for this section.

Real Estate: Finance

Real estate finance is the financing of the purchase of real estate assets, or the financing of the construction of buildings. Real estate Lawyers do not need to act exclusively for lenders but should have a healthy lender client base which gives them the volume of work in this field. Some of these lawyers will also handle aspects of complex debt capital markets - such as securitisation - but the decision to include them in a real estate table will be based on their understanding of the underlying asset.

Restructuring/Insolvency

This table ranks firms and individuals advising on cases of insolvency, bankruptcy and the restructuring of distressed assets. Restructuring work should be limited to situations of financial distress and work aimed at avoiding liquidation or insolvency. This can include administration, receivership, distressed M&A and pre-pack sales.  General corporate restructuring should be submitted in Corporate / M&A. The restructuring of financial arrangements or instruments should be submitted in Banking & Finance.

Sport

This section ranks those who have a demonstrable commitment to the sports sector, primarily focusing on commercial, regulatory and contentious matters within the field. Clients in this sector include athletes, federations, sports associations and clubs, managers and governing bodies, as well as broadcasters, sponsors and agencies. This section includes, but is not limited to, media rights, arbitration, transfers and contract issues, disciplinary actions, anti-doping, governance and regulatory issues.

Tax

This section focuses on corporate tax, any tax work for private clients should be submitted to the HNWI guide.  The work includes the taxation of transactions, disputes and regulatory matters such as double tax treaties, transfer pricing, VAT, customs duties and the taxation of employee benefits.

TMT: Data Protection

Data Protection covers regulatory advice on data protection and privacy compliance, cases of data security breaches, representation of clients in investigations, enforcement actions or litigation relating to data protection and privacy. Work of an international nature can include advising clients with multinational operations on data security issues relating to cross-border transfers of data, such as in large-scale outsourcing transactions involving a number of countries, and on global or multi-jurisdictional privacy compliance programmes.

TMT: Information Technology

This section includes outsourcing between corporates and suppliers of IT services, IT procurement and regulatory matters in the sector. This section also considers M&A activity in the sector but places priority on those firms and individuals that demonstrate a specialised knowledge in the requirements of the sector. IT-related data protection is also included in this section unless there is a separate Data Protection ranking.

TMT: Media

Media includes contentious and non-contentious advertising and marketing matters as well as activity relating to the Film & TV, music, publishing and theatre industries. This includes production, financing and distribution aspects.

TMT: Telecommunications

Telecommunications includes transactional and litigation advice to telecoms companies and wireless operators, and the regulatory issues that such companies face. Other matters include interconnection and resales laws, multimedia agreements and licensing activity.

Transportation: Aviation

This section covers a broad range of work carried out by lawyers for clients in the aviation and related industries. Matters include transactional and regulatory advice, as well as insurance and non-insurance related disputes, including commercial and non-commercial aviation accidents.

Transportation: Aviation Finance

Aviation Finance: This table focuses on firms and individuals acting for clients such as leasing companies, banks, airlines and other financial institutions. This section covers financing, including ECA’s, EETC’s and government-supported financings. It includes bankruptcy, operating leases, including JOLCOs, as well as financing of commercial aircrafts, corporate jets and helicopters.    

Transportation: Shipping

Shipping includes wet-shipping and dry-shipping cases: - Wet-shipping: Refers to incidents and issues arising while at sea. Includes accidents, collisions, salvage and environmental liabilities. - Dry-shipping: Refers to matters arising while not at sea. Includes contractual arrangements for construction, financing and registration of vessels, customs and licensing, and documentation relating to charter-parties and bills of lading. Also includes contentious matters such as ownership rights, contractual breaches, insurance and reinsurance, ship arrests and the commissioning/decommissioning of vessels. For a firm or an individual to achieve a ranking in this section, they must be seen to have core shipping expertise and be considered by clients as a go-to for specific shipping knowledge.


Shipping: Finance

This section focuses on all finance mandates specific to the shipping sector, such as financing agreements for building or acquiring vessels, refinancing of debt related to the industry, transfer of loan portfolios relating to the industry, creation of mortgages, and sale and leaseback transactions.

White-Collar Crime

This section covers in-court criminal proceedings that have to do with corruption and financial crimes mainly. Matters include tax offences, money laundering, fraud, professional negligence, bribery, corruption and environmental crime. WCC covers work on behalf of corporate clients as well as private clients.

Employment Share Schemes & Incentives

This section focuses on employee benefits, including share ownership schemes, the implementation of compensation plans, as well as related taxation issues. It also includes lawyers who handle disputes following the implementation of shareholding plans.

Planning

Our Planning section covers work including: planning applications for the development, construction or change of use of a building or buildings; advising on local urban law (Plan Local d’Urbanisme); strategies relating to development projects and urban regeneration schemes; advising on evolutions of planning regulations and planning litigations International Arbitration This section features advice on the resolution of international disputes through arbitration.  

International Arbitration : Most in Demand Arbitrators

This section ranks those individuals who act as arbitrators on international pan-European cases and who are widely recognised as the go-to arbitrators for such cases.

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