Xavier Haranger
Xavier Haranger is part of a litigation team that provides advice to clients facing business and corporate disputes, corporate investigations and criminal allegations, and international arbitration. Xavier also regularly handles national and international contract law issues.
For clients in the banking sector, Xavier contributes his experience in complex international debt collection matters in France at all stages of recovery, including research on foreign assets, assessment of the situation, freezing of assets, recognition and enforcement of rulings, and associated litigation.
Xavier is also regularly involved in civil and commercial contractual disputes (termination, negotiation, breach of contracts) and liability disputes (e.g., unfair competition), and the related French procedural issues (including gathering and securing documented evidence and enforcing rulings).
Xavier has a deep knowledge of the issue of sudden termination of established business relationships (Article L. 442-1 II—former Article L. 442-6 I 5°—of the French Commercial Code). He regularly assists automotive clients on 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 or the influence of insolvency proceedings on the agreement. Naturally, 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 (to assess the facts, by reviewing documents and conducting interviews, and the related legal consequences/risk for the company), international investigations (for instance, US Department of Justice (DOJ) investigations into Foreign Corrupt Practices Act (FCPA) related matters), the recent French law statute on anti-corruption (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).
Xavier also develops new business strategies and solutions, such as for judicial or ad hoc mediation to prevent litigation or resolve matters outside of court or arbitration).
Moreover, Xavier developed a practice in contractual COVID-related issues. In particular, he focused on force majeure aspects of the pandemic and how it impacted ongoing agreements (see selected representations below). He was also part of the Morgan Lewis COVID-19 task force for Europe.
Xavier also leads the pro bono practice for the Paris office.
Previously, Xavier was an associate in the litigation practice of another international law firm in Paris. He is fluent in English and German.
