Xavier Haranger

For clients in the banking sector, Xavier contributes his experience in complex international debt collection matters in France to all stages of recovery, including the research of foreign assets, assessment of the situation, freezing of assets, recognition and enforcement of rulings, and associated litigation.

Xavier also handles civil and commercial contractual disputes (termination, negotiation, breach of contracts) and liability disputes (unfair competition for instance) and the related French procedural issues (for instance, gathering and securing documented evidence and enforcing  rulings).

He also has deep knowledge on issues surrounding the sudden termination of established business relationships (Article L. 442-6 I 5° of the French Commercial Code). Xavier regularly assists automotive clients on this aspect of French commercial law, which gives rise to numerous disputes and prelitigation needs, especially for foreign companies that are not familiar with this legal provision. He is the author of numerous legal articles on sudden termination, which have been published in Revue Lamy de la Concurrence, Revue Lamy Droit des Affaires, La Gazette du Palais, and Recueil Dalloz.

Furthermore, Xavier’s experience includes drafting and negotiating complex national and international commercial contracts for various industries. He regularly advises foreign companies that wish to enter into contracts (or general terms and conditions) governed by French law, and also helps companies assess whether an agreement governed by foreign law could be enforced in France or the influence of insolvency proceedings on such an agreement. He also reviews contracts and disputes in due diligence processes.

Xavier works on global (French and international) compliance issues involving, among other topics, internal investigations (assessing the facts by reviewing documents and conducting interviews and assessing related legal consequences/risk for the company), international investigations (e.g., DOJ’s investigations in FCPA-related matters), the recent French law statute on anticorruption (loi Sapin II) and obligations toward companies, and the taking of evidence abroad (including how to take evidence abroad while complying with the French blocking statute).

He is also developing new business strategies and solutions (such as the judicial or ad hoc mediation to prevent litigation or resolve matters outside of court or arbitration).

Xavier is fluent in French, English, and German. His law studies focused on law and globalization, and he trained specifically in French and German law as an undergraduate. Previously, Xavier was an associate in the litigation practice of another international law firm in Paris.

• Advised a foreign bank in its recovery of multimillion-euro debts from different wealthy foreign individuals who have assets in France at all stages of the recovery: research of foreign assets in France, filing of requests to freeze said assets, defending the company against related claims, recognition and enforcement of the favorable foreign decisions in France, and advice regarding the effect of foreign bankruptcy proceedings in France.
• Advised two subsidiaries of a major industrial group (automotive) in connection with its €3,000,000 dispute against a supplier related to an alleged wrongful termination of an established business relationship.
• Advised a major industrial group (aeronautics) in connection with its €700,000 dispute against a supplier related to an alleged wrongful termination of an established business relationship.
• Drafted a complex software contract for a multimillion-euro startup project; a distribution agreement for a leader of the franking machine industry; a database licence agreement; and several complex escrow and settlement agreements.
• Reviewed numerous agreements during due diligence processes in M&A deals; general terms and conditions of numerous foreign companies based in France; a major distribution contract for a major food retailer; and several cooperation agreements for a major chemical group.
• Advised a former Italian employee of a major French bank in connection with the US government (SEC) investigation of LIBOR. Conducted interviews, reviewed documents, and assessed legal risk for the employee relating to his involvement in the potential fraud.
• Advised a major healthcare company in an FCPA-related internal investigation in the drug prescription field. Conducted interviews, reviewed documents, and assessed the legal risk for the company.
• Represented the supplier of the fire-fighting device of a cruise ship following a fire on board in connection with complex expert proceedings (involving insurers, the ship owner, the ship manufacturer, the engine designer, and the fire-fighting device provider) and the defense of multimillion-euro claims from insurers.
• Advised a major group in the toys industry in connection with its €3.7 million dispute against the French customs following an investigation by the EU Commission, and advised the French entity in its dispute against a Chinese supplier.
• Advised a leading Swiss franking machine manufacturer and its new French subsidiary in connection with two multijurisdictional disputes against a former distributor (including disputes before the summary judge, enforcement judge, and civil judge).
• Represented a Japanese manufacturer in a dispute against a French distributor relating to the termination of the distribution agreement for breach, the freezing of the distributor's assets, the filing of a request for arbitration in Tokyo, and negotiations with the opposing counsel.
• Advised a shareholder and executive of a financial company regarding his shareholders’ agreement and the decrease in his compensation.
• Defended a real estate company that sold property in the context of warranty claims from both the lessee and the buyer.
• Represented a French drug manufacturer against a supplier relating to unpaid invoices and the ownership of IP rights and know-how (including the review of highly sensitive pharmaceutical regulatory issues).
• Assisted a victim of the November 13, 2015, terrorist attacks in Paris including correspondences with the indemnification fund to try to maximize the indemnification amount (pro bono).
• Assisted a world-class nongovernmental organization regarding the export of goods for a demining program in Syria (pro bono).