Vivien & Associés

Managing Partner: Nicolas Vivien
Number of lawyers: 40 (including 14 partners)
Languages: English, French, German, Italian, Spanish

Firm Overview:
Vivien & Associés is a leading independent French law firm founded in 1999 by lawyers originating from the corporate M&A, tax and labour practices of international law firms. The intention was to establish a firm of quality service, characterised by responsiveness and independence which aimed at meeting the requirements of a sophisticated international clientele without imposing the inconvenience and sparseness of larger firms.

The firm has retained a hands-on, partner-led approach in its manner of assisting clients today. It provides clients with top-quality, competitive service by proposing small, solution-oriented teams tailored to meet clients’ specific needs.

Most of the attorneys combine first-tier French legal training with a degree in business management (HEC, ESSEC, Sciences Po). Many attorneys also hold a law degree from another country (LLM-type). The firm’s lawyers are thus well attuned to the business environment and at ease with multi-jurisdictional matters.

The firm has an extensive network of law partners across the world. This international network is composed of independent, specialist law firms, each a leader in their respective fields and jurisdictions. It has selected them carefully and has developed strong, non-exclusive working relationships over the years. They share the firm’s commitment to providing efficient and pragmatic solutions.

Main Areas of Practice:

Vivien & Associés offers comprehensive legal services and representation across a broad range of key practice areas:

• Mergers & Acquisitions
• General Corporate, Restructuring & Corporate Governance
• Market Regulation & Stock Exchange Transactions
• Tax
• Litigation & Dispute Resolution
• Commercial contracts
• Employment relations and labour law
• Banking and financial regulation law, compliance
• Restructuring & Insolvency

The firm’s M&A and corporate practice covers all transactional needs: drafting and negotiating of sale and purchase agreements, representations and warranties; audits; price adjustments; joint ventures and strategic partnerships; shareholders’ arrangements; put and calls; mergers, contributions, spin-offs and carve-outs; equity and debt issuance; employee incentive mechanisms; governance and directors’ liability issues; shareholders’ disputes, etc.

The firm’s tax department offers a full-service tax practice, notably with respect to structuring transactions; carrying out or fending off tax audits; coping with issues such as tax consolidation; thin capitalisation; holding companies; management packages and incentives; mergers and group reorganisations; inbound and outbound profit flows; VAT; wealth tax management; trusts; real estate investments; etc. It also represents clients in their relationship with the French tax authorities and before the French courts.

The employment department advises on all aspects of employment law: drafting of employment contracts and recruitment, complex collective bargaining issues, employees’ representation, health and safety, profit-sharing and incentives, mass redundancy schemes, individual dismissals, settlement agreements, outsourcing, subcontracting and secondment and employment due diligence. It also represents clients before labour and other courts in relation to all types of employment disputes and claims.

The litigation department represents and assists clients at all stages of pre-litigation and litigation before French civil and commercial courts, including for summary proceedings, applications for interim relief and petitions for expedited hearings, fully fledged commercial and financial litigation, white-collar liability, etc. The team also represents clients in arbitration and alternative dispute resolution settings and may assist distressed companies or investors in pre-insolvency and insolvency proceedings.

The firm’s bankruptcy, restructuring and reorganization team acts both in formal bankruptcy settings, as well as out-of-court restructurings and workouts. The team advises corporate debtors, secured or unsecured creditors of troubled businesses, as well as investors, sponsors or other parties in complex and distressed situations. It provides practical, business-oriented advice and solutions.