LABOR LAW

To tackle an ever-changing subject-matter that is experiencing significant shifts, our Department has a team of experts that can handle both everyday issues and extremely complex matters.

We assist you as best we can in better interpreting, handling, using, and understanding Labor Law, with a solution-oriented approach that combines innovation and intellectual rigor. To us, even such a very shifting subject-matter can be dealt with appropriately. NMCG is confident in its ability to support you, reassure you, and find an original angle to devise the most appropriate solution.

The team assists you in:

• Individual relationships: employment contract, negotiation, delegation of power, disciplinary procedures, absenteeism, severance strategy, management of unfit employees, ...
• Collective relationships: establishing and managing staff representation bodies, collective negotiation strategy, company saving plans, relationships with the labor inspectorate, Economic and Social Units, ...
• Collective disputes: managing and dealing with strikes, lock-outs, obstruction and interference with the right to work and the freedom of movement, mediation, arbitration, in both the private and public sectors (in particular within companies with a public service mission)
• Reorganization and restructuring: Employment Protection Plans, voluntary departure plans (“PDV”), assistance, drafting, monitoring; due diligence prior to an acquisition, compliance audit
• Social Security checks and adjustments: prevention, support, monitoring, opposition, corrective measures
• In the field of Criminal Labor Law: occupational accidents, corporate executives’ liability, report by the labor inspectorate, obstruction, sequestration, assault, etc.
• In the field of social protection: supplemental health/contingency schemes, social security disputes, disability-related disputes.
• The Employment Department also provides training to a variety of decision-makers (HR Directors, General Counsel, Managers, etc.)

M&A - FinancE

Businesses are constantly evolving. 

Whether they wish to grow and restructure or face reorganization or safeguard proceedings, they always need to strengthen their current position while preparing for the future.
The M&A/Finance team advises its clients in the long term, to provide each company with precise guidance.
The Department also assists and supports its clients in choosing the relevant contractual tools and drafting the related documentation.

NMCG counsels its clients on:

• Creation, day-to-day management, development, transformation, and sale of companies
• Mergers, spin-offs, and amalgamations
• Drafting and negotiating the entire contractual and financing documentation
• Helping distressed companies on a preventive basis but also in the context of protection, reorganization, and court-ordered liquidation procedures
• Management package, stock subscription warrants (BSA), share warrants for entrepreneurs (BSPCE), grants of free shares, etc.

BUSINESS - CONTRACT LAW

Our team advises its clients on drafting the business documentation they need for their businesses.

Our lawyers assist clients in drafting contracts, terms and conditions of sale, terms and conditions of purchase, and other standard agreements.

NMCG also advises its clients in competition law (concentration, abuse of dominant position, unfair competition, cartels, etc.), in particular when it comes to establishing distribution networks (franchise, concession, etc.).

Restructuring

Le retournement d’entreprise est une activité des plus essentielles, car l’entreprise doit toujours se réinventer.

L’équipe Restructuring accompagne ses clients pour leur prodiguer un conseil adapté et s’entoure des compétences nécessaires à un retournement réussi.

NMCG intervient notamment lors de :

• La présence de difficultés au sein de l’entreprise notamment à titre préventif,
• mais également au sein de procédures de sauvegarde, redressement et liquidation judiciaire,
• ou encore lors de la reprise de fonds de commerce ou d’actifs à la barre.

HEALTH LAW

The Health Practice provides its clients with a cross-sector multijurisdictional approach.

Public health issues are inherently sensitive and require the utmost discretion. These matters will be handled by mobilizing our comprehensive technical expertise and our in-depth understanding of crisis communication.
Whether in out-of-court matters or in actual litigation, the team offers holistic dispute-resolution strategies to its professional clients, in close collaboration with the Firm’s other departments, where necessary.

The Health Practice advises on:

• Medical Law
  The Health Practice defends its clients in medical liability matters, but also in disputes before the professional and regulatory authorities. Healthcare providers and health center professionals may also receive specific training.
  
  
• Defective product liability
  The Health Practice offers its clients a crisis-management strategy in case of “mass” disputes, supporting them in the context of traditional procedures and defective health product proceedings (medication, medical equipment, etc.).
  E.g. health product class action, proceeding before the criminal courts, etc.
  
  
• Personal injury compensation
  The Health Practice advises its professional and individual clients on personal injury claims, i.e. road accidents, railroad accidents, hospital-acquired infections, non-occupational accidents, accidental injuries, etc.
  
  
• Disability Law
  The Firm helps companies to establish their policies in the field of disability law. It also assists individuals in matters involving disability issues before administrative courts and the disability-related dispute Court.

REAL ESTATE LAW

The Real Estate Department of NMCG helps its clients to make strategic decisions on land assets.

It provides counsel to its clients at every stage of a real estate deal and offers tailor-made solutions consistent with the changes and complexity of the real estate market. The department also works alongside its clients when it comes to selling, acquiring, and operating real estate assets, but also when existing assets must be financed (individual or corporate property, real estate title, etc.).

The Real Estate Department advises on:

• Non-trading real estate companies “SCI” (incorporation, drafting of share transfer agreements).
• Lease disputes (eviction procedure, commercial lease renewal, procedure to fix the renewed rent)
• Joint-Ownership Law (Joint-Owners’ Union procedures, legal actions to challenge the decisions of the joint-owners’ meeting, recovery of deposits from the forecast budget, appointment of an administrator to represent the Joint-Owner’s Union, management company’s liability).
• Construction Law (proceedings for the relevant court to appoint an expert, monitoring of the expert’s assignment, payment proceedings, legal assistance with construction matters)
• Seizure of property (assistance with the procedure to acquire property sold at auction)

Training:

• The Real Estate Department can provide hands-on or theoretical training as part of specialized seminars, whether on-site or at the Firm.

TAXATION LAW

The Taxation Law Team assists its clients with corporate and financial transactions, seamlessly working with the Firm’s other teams.

It delivers hands-on and pragmatic advice and assists its clients on a daily basis to optimize the tax consequences of their day-to-day management operations.

Purchase, sale, and restructuring taxes:

• Due diligence, structuring
• Optimization of cashflows (tax consolidation, VAT, international taxation)
• Private capital tax planning, transfer of companies or private wealth, profit sharing

Financial taxes:

• Assistance with financing projects or structured finance
• Monetization of government debts

Tax procedures:

• Assistance with tax audits and administrative or court disputes
• Negotiation of comprehensive solutions with the tax authorities
• Assistance in obtaining approvals
• Assistance with out-of-court procedures (CCFDC)

Every department routinely offers its clients training delivered in topic-specific seminars, whether on-site or at the Firm. NMCG is also closely related to the academic arena, where its lawyers often teach in specialized masters of law.
Openness, Entrepreneurship, Responsibility, and Dedication are values common to all members of the Firm, as exemplified by NMCG’s spirit and conduct of business on a daily basis.

PUBLIC  / REGULATORY LAW

It is now necessary to deal with an ever-more complex regulatory framework to develop your business.

This is not new in France. In fact, it is all the truer as EU legislation has a tendency to spread dramatically, in particular when it comes to highly regulated business areas such as electronic communications, personal data, (renewable) energy, television, transportation, health, etc.
To secure the sustainability of your business it is therefore indispensable to better understand the regulatory framework in which you operate.
Spearheaded in collaboration with Romain Perray, the department assists a variety of clients, including legal entities governed by public law, their agents or even public companies, in all their relationships with government authorities or bodies with a public-interest mission, in particular to develop their projects.

The team advises on:

• Public contracts: public procurement, delegation of public services, partnership contracts, administrative perpetual leases and complex contractual deals.
• Regulated sectors: relationships with regulatory authorities, in particular with the CNIL (information technology), the ARCEP (telephony), the CSA (audiovisual), or the CRE (energy).
• Public health: issuance of authorizations and relationships with the Regional Health Agencies.
• Civil service: public agent management policies, permanent or contractual civil servants, transfer of business, etc.

INTELLECTUAL PROPERTY

In a business world where innovation is the key to success, it is essential to focus on Intellectual Property issues.

NMCG advises its clients on the protection of copyright, and issues relating to the use of the Internet. It is also proficient in negotiating, validating and drafting contracts (music publishing, literary, record and audiovisual, applied arts, Internet, production of live shows, right of publicity).

The Department’s expertise covers the following:

• Copyright and neighboring rights
• Press Law
• Labor Law focused on music publishing and audiovisual sectors (“d’usage”)
• New technologies Law
• Contract Law
• Trademark Law

The team advises a range of clients, including authors, publishers, artists, independent music, audiovisual, animation producers, distributors, online music sales, online content sharing companies.

CRIMINAL LAW

With its Criminal Law Department, NMCG can assist its clients on all aspects of criminal law.

The Department advises its clients and represents them before criminal courts, throughout Metropolitan France and the French overseas territories.

NMCG handles General Criminal Law cases:

• Minor offenses;
• General offenses.

Special Criminal Law:

• Major and minor criminal offenses against individuals and properties.

Employment-related Criminal Law:

• Occupational accidents;
• Corporate officers' liability;
• Labor Inspectorate reports, etc.

Corporate Criminal Liability:

• Misappropriation of corporate assets;
• Breach of trust;
• Increase in contributions in kind;
• Extortion;
• Blackmail;
• Fraud.

ArbitraTION

NMCG routinely handles arbitration matters.

The Firm’s Lawyers both act as legal advisers and represent their clients before ad hoc Arbitral Tribunals or Arbitration Institutions in specific or ancillary arbitration proceedings (pre- or post-arbitration proceedings, obtainment of interim or provisional measures, application before the supervision judge (juge d’appui), application to set aside or to enforce an arbitration award).

In addition to advising and representing their clients in courts, the Firm’s lawyers may also be appointed and act as arbitrators in both ad hoc arbitration proceedings and institutional arbitrations, under the supervision of recognized arbitration centers.

Nouvelles Technologies et économie numérique 

Sécuriser juridiquement vos activités en ligne tout en prenant en compte les contraintes particulières de son secteur

Conscient de l'évolution du monde numérique, des nouveaux outils à la disposition des entrepreneurs pour se développer, NMCG Avocats Associés a décidé de créer un département Nouvelles Technologies. 

Les NFT, les utility token, les crypto-actifs et ses déclinaisons (STO, IPO, ...), le métavers, sont des problématiques plus ou moins réglementées mais dont la multiplication est inéluctable. 

NMCG Avocats Associés déjà en charge de nombreux dossiers de ce type et demandes multiples de la part de ses clients, se tient à votre disposition au travers de ce département pour étudier et réfléchir avec vous l'implication juridique liée.