Our plural services

Commercial Contracts

In order to legally secure your company’s activity and protect your interests, Arborescence assists you in drafting and negotiating the following contracts:

• Commercial partnerships
• General terms and conditions of sale / general terms and conditions of services
• Contracts for the provision of services
• Distribution, commercial agent and franchise agreements
• License & software agreements
• Maintenance contract
• SaaS contracts
• Communication, advertising, marketing

Annual Negotiation & Distribution

• Distribution networks (franchising, selective distribution)

• Annual commercial negotiations (single agreement, call for tender)

Consumer law

• DGCCRF audit of your sales processes: General terms and conditions, right of withdrawal, compliance, advertising, unfair terms

• Marketplace, E-commerce

• Securing and supervising the user path (sales process, mailing, etc.)

• E-Marketing, supervision of online prospecting

Do you need regular legal support for your company in contractual matters?

Arborescence also offers outsourced legal management services with subscriptions. 

Examples of our latest interventions:

• Drafting and negotiation of a solar panel purchase contract

• Drafting of general conditions of service for computer maintenance (BtoB) 

• Compliance of an E-commerce delivery of cosmetics by subscription (audit of consumer law & sales tunnel, GTC, legal mentions, privacy policy)

E-commerce

• Marketplaces and digital platforms

• General and specific e-commerce terms and conditions (GTCs, GTUs, CGAs and legal notices) 

• Securing and supervising the user path (sales tunnel, mailing, etc.)

• E-Marketing, supervision of online prospecting

Personal data

• Analysis of your data flows and processing, GDPR compliance roadmap 

• Updating and drafting of GDPR documentation (register of processing, impact analysis, data processing contracts)

• Privacy policy, cookies and tracking tools

Examples of our latest interventions:

• Consultation on the right of access exercised by an employee towards his employer 

• Compliance of an e-commerce company delivering cosmetics by monthly subscription (conumer law & sales process, GTC, legal notice, privacy policy)

• Revision of the sales process of a furniture market place 

• Preparation of the necessary documentation to respond to customer access requests

At the pre-litigation stage, we initiate negotiations and draft formal notices and settlements.

Arborescence also assists you at the litigation stage, in particular in matters of:

• Breach of established commercial relations between commercial partners;

• Abusive breach of talks and pre-contractual commitments;

• Unfair competition (poaching, parasitism, etc.):

• Contractual breaches.

• Abusive clauses.

Examples of our latest interventions:

• Resolution of a dispute between doctors (partners)

• Resolution of a land dispute relating to the breach of a promise of a construction lease 

• Resolution of a dispute relating to the late delivery of a solar panel 

Renewable energy

Arborescence has developed a legal expertise dedicated to the renewable energy sector, at the borderline between commercial and public law.

Your contact lawyers:

Individual labor relations

• Hiring (fixed-term, open-ended, part-time, temporary)
• Career development (training, promotions, transfers, expatriation, etc.)
• Benefits
• Disciplinary procedures (layoff, dismissal) 
• Privacy policy, cookies and tracking tools
• Litigation (defense before the Labor Courts and the Courts of Appeal throughout France).

Collective labor relations

• Organization of working time
• Health and safety (single assessment document of professional risks, mutual insurance, provident fund)
• Company agreements (Remote work, profit-sharing, etc.)
• Professional elections 
• Relations with social partners, collective bargaining

Employment audit

• Due diligence in French or English
• Quotation of the labor risk prior to an acquisition
• Compliance audit

International labor law

• Expatriation
• Hiring of foreign employees
• Posted workers
• European labor and social security law

Advice on public contracts

Do you want to secure long-term contractual relationships and greatly reduce the risk of litigation? That’s what we’re here for. 

• for public entities, assistance in the awarding of a public contract: choice of contract, drafting of the DCE (consultation regulations, specifications, draft contract), analysis report on offers and applications,  
• for private individuals: assistance in responding to calls for tenders: technical memorandum, rereading and modification of draft contracts
• negotiation during the course of a contract: extension, penalty, additional compensation 

Public contracts litigation

• pre-contractual and contractual summary proceedings, 
• enforcement litigation: contractual appeal, appeal against termination decisions 
• transaction 

Criminal Litigation

Accusation of favouritism ? Illegal taking of interest? These offenses can concern both elected officials and company directors. Responding to them requires precise expertise in both public and criminal law, and this is precisely what Arborescence offers you.

Your contact lawyers:

• administrative law, 
• local government law, 
• electoral law, 
• environnemental law
• administrative liability law, 
• civil service law, 
• town planning law

Acquisition / disposal of companies (private equity and M&A) and fundraising

• Due diligence and legal audits in French and English,
• Drafting and negotiation of SPAs and sale or investment agreements, 
• Drafting and negotiation of put/call option agreements and shareholders’ agreement,
• drafting of corporate documentation and preparation of closings.

Current corporate and commercial law operations for various types of companies

• incorporation of companies, 
• capital increases,
• amendments to the articles of incorporation and legal secretarial services,
• transfer of business assets. 

General criminal law and press law

Arborescence defends individuals, managers and elected officials when they are personally accused or prosecuted in criminal matters.

We also assist victims of crime throughout the criminal proceedings as well as before the CIVI and SARVI (French public insurance funds for victims of criminal offenses).

We intervene in a variety of cases, both in the area of property crimes (theft, damage, cybercrime, etc.) and personal injury (harassment, defamation, insults, sexual offenses, violence, non representation of children, international kidnapping, murder, organized crime, terrorism, etc.). 

We defend our clients throughout the criminal proceedings, for example 

• drafting complaints and direct summonses;
• assisting you during hearings, police custody, searches;
• advising you throughout the investigation procedure;
• negotiate with the Public Prosecutor’s Office for alternative measures to prosecution;
• accompany you in case of European arrest warrants, extraditions;
• defend you in court.

General criminal business law

Arborescence defends companies, managers, elected officials and local authorities in cases of financial criminal law and criminal labor law.

These technical cases with complex stakes allow us to intervene in many cases. This is the case, for example, with the following issues:

• Misuse of corporate assets;
• Corruption;
• Swindling;
• Money laundering;
• Favoritism;
• Illegal taking of interest;
• Hidden work;
• Union discrimination;
• Workplace accidents;
• Involuntary manslaughter.

The firm also intervenes in the context of seizures in criminal matters, in order to obtain the recovery of funds, objects, movable or immovable property.

Our lawyers also assist companies in the context of Sapin II (French law)  compliance programs and in the event of administrative controls and investigations.

Environmental criminal law

Through criminal law, Arborescence assists associations, individuals, unions, communities and companies in issues related to climate preservation, respect for the environment, biodiversity and agriculture. 

The cases can touch on issues as varied as pollution and nuisances, food transparency, and agri-food fraud.

The cases, both in advice and in litigation, may lead our teams to intervene, for example, 

• the assistance to prosecuted activists;
• the drafting of complaints;
• the assistance with the duty of vigilance;
• the advice on compliance with environmental standards;
• the defense of individuals or businesses  in cases of investigation;
• the assistance of victims in so-called climate trials.

Examples of our latest training courses to date

• Internal awareness of your teams to the General Data Protection Regulation (GDPR) by Jenny Waszek 

• Updating sensitive clauses in commercial contracts for your legal teams by Jenny Waszek