Xavier Haranger

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

He also has deep knowledge of the issue of sudden termination of established business relationships (Article L. 442-6 I 5° of the French Commercial Code). Xavier regularly assists automotive clients in this aspect of French commercial law, which gives rise to numerous disputes and pre-litigation needs, especially for foreign companies that are not familiar with the legal provision. He is the author of numerous legal articles on sudden termination, and his writings have appeared in renowned French publications such as 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.

Xavier works on global compliance issues involving, among other topics, internal investigations, the taking of evidence abroad (including blocking statute issues), and anticorruption issues.

In addition to French, Xavier is fluent in 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. 

• Advising a foreign bank in its recovery of multi-million 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.
• Advising 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.
• Advising 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.
• Examples of contract drafting/review: Drafting a complex Software contract for a multi-million Euro start-up project; Drafting a distribution agreement for a leader of the franking machine industry; Drafting a database licence agreement; Drafting of several complex escrow and settlement agreements; Reviewing numerous agreements during due diligence processes in M&A deals; Reviewing general terms and conditions of numerous foreign companies based in France; Reviewing a major distribution contract for a major food retailer; Reviewing several cooperation agreements for a major chemical group.
• Advising a former Italian employee of a French bank in connection with the US Government Investigation of Libor (SEC investigation).
• Advising a major health care company in a FCPA related internal investigation in the drug prescription field.
• Representation of 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, ship manufacturer, engine designer and fire-fighting device provider) and the defence of multi-million Euro claims from insurers.
• Advising 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 advising the French entity in its dispute against a Chinese supplier.
• Advising a leading Swiss franking machine manufacturer and its new French subsidiary in connection with two multi-jurisdictional disputes against a former distributor (including disputes before the summary judge, the enforcement judge, the civil judge).
• Representing a Japanese manufacturer in a dispute against a French distributor involving 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.
• Advising a shareholder and executive of a financial company regarding his shareholders’ agreement and the decrease in his compensation.
• Defending a real estate company that sold property in the context of warranty claims from both the lessee and the buyer.
• Pro bono matter: assisting a victim of the 13 November 2015 terrorist attacks in Paris including correspondences with the indemnification fund to try to maximize the indemnification amount.
• Pro bono matter: assisting a world class NGO regarding the export of goods for a demining program in Syria.