ANTICIPATION CREATION RESOLUTION
"Our job as lawyers is to design and implement an intelligent and complete solution, taking into account all aspects of the case".
Both combative and committed but also showing pragmatism when the situation requires it, Lutran & Associés' lawyers identify the possibilities offered by each case to make the best choice and implement it with consistency and determination, both to help a client to defuse an arising dispute or to fight on his side in an open conflict.
Lutran & Associés was founded in 2016 by Mr. David Lutran, a registered lawyer at the Paris Bar since 2004 who was trained within the litigation departments (business and criminal litigation) of international renown law firms.
The firm is mostly involved in business law, real estate and criminal law, for the benefit of clients from France and abroad (large companies, small and medium enterprises (SME), associations and individuals) who practice their activities in the following sectors: energy, car manufacturing, luxury, pharmacy and biotech, housing and social housing, consulting, banking, food supplies import-export, sports, art.
Lutran & Associés is specialized in resolving its clients’ disputes (from both a litigation and an amicable perspective – David Lutran being also a mediator), handling them in French, English and Spanish.
This firm assists its clients in contractual matters for the negotiation, the drafting and the reading of contracts (especially commercial contracts).
To ensure optimal efficiency and mitigation of cost in the proposed solutions, Lutran & Associés prioritizes teamwork in case processing to enable each actor to fully provide its added value.
Lutran & Associés benefits from a wide network of partners (lawyers or else, in France and abroad) to work with. Thus, the firm is able to provide its clients with a wide range of legal services and gather multidisciplinary teams according to the specific needs of each case.
Highly qualified in litigation matters as well as to manage sensitive conflictual situations for which it is important to immediately understand the specific logic and issues, Lutran & Associés demonstrates agility and creativity to deal with its clients’ issues.
Lutran & Associés helps its clients at all stages of the litigation process, from the mitigation of risks and the management of crisis situation to the enforcement, in France and abroad, of judicial and arbitral decisions.
MEDIATION AND ADR (Alternative Dispute Resolution modes)
Lutran & Associés’ team practices ADR (mediation, interest-based negotiation, collaborative law, conciliation and participative procedure) to help its clients to resolve their issues, since ADR constitute, when the case affords it, a suitable option to reach a complete and tailored resolution of the dispute for a less important cost.
David Lutran acts as a mediator, at the parties’ request or when directly appointed by either a Mediation Center or a Court. He is accredited as Mediator (“Médiateur agréé”) by the Mediation and Arbitration Center of Paris (“CMAP”), registered by the National Center for Mediation of French Lawyers (“CNMA”) and referenced among the mediators of the International Chamber of Commerce (“ICC”). He has also been trained to the practice of collaborative law.
As mediator, he took part into business law-oriented mediations (disputes between partners – which may also involve patrimonial and family matters, termination of commercial relationships between clients and suppliers; loan agreements, company management), sometimes involving very complex aspects of technical, financial and human natures.
COMMERCIAL LAW AND LITIGATION
Commercial law and business litigation are the core activities of Lutran & Associés: sudden termination of business relationships, contractual liability, relations between suppliers and distributors, commercial agency, hidden defects, transport operations, counterfeits, debt recovery…
Examples of representative files:
- Defense of the interests of a foreign company specialized in the sales of pharmaceutical products, due to the termination of a contract (commercial agency) on the supplier’s initiative;
- Defense of the interests of a company specialized in biotechnologies, in a dispute with its transporter due to the loss of products (genetically modified animals) in a transport operation;
- Defense of the interests of a pharmaceutical laboratory, in a dispute addressing the execution of a finance contract within the context of a consortium agreement for drug development;
- Defense of the interests of a car manufacturer within the context of many disputes with clients and dealers, related to hidden defects affecting some of the vehicles.
DISPUTES INVOLVING EXECUTIVE OFFICERS AND PARTNERS
Lutran & Associés handles disputes opposing a company to its executive officer(s) (or its former executive officer(s)) or opposing the partners of a structure within files which are often highly sensitive and include critical confidentiality issues.
Mixing various considerations (related to persons, financial issues, uncertainty about the sustainability of a company in the event of its paralysis caused by the dispute, danger in terms of reputation), those particular files must be perceived not only through a legal point of view for their resolution in the best interest of the client, whether he is an executive officer or a partner, or a company having trouble with its current or former executive officer.
The experience acquired by the firm trough these types of cases affords it to address tailored solutions in line with the business world (including family business), taking into consideration its specific customs and traditions.
Examples of representative files:
- Defense of the interests of a company in a dispute caused by the revocation of its executive officer, which gave rise to several parallel proceedings addressing the abusive aspect of such revocation, the losses caused by his management faults as well as the commission of several criminal offenses (misuse of company assets, violation of the law on work safety…), the whole within the context of difficult negotiations for the purpose of the takeover of the so-called company that was put under judicial administration;
- Defense of the interests of an energy company in a dispute with one of its executive officers due to his conduct within a parallel structure he was running and which Executive board was composed of the main actors of the sector;
- Defense of the interests of several members of a sport association in a dispute related to its governance with the so-called members of the leading team, and which was subject to a conciliation process before the French Olympic and Sportive National Committee (“Comité National Olympique et Sportif Français”);
- Defense of the interests of a renowned law firm within the context of a dispute opposing its partners against the original structure’s partners.
REAL ESTATE LAW AND LITIGATION
Lutran & Associés often deals with various aspect of real estate matters and disputes (landlord-tenant relationships, relations within the co-ownership, various nuisances, repossession of property, leases negotiation and drafting, rental management…).
Lutran & Associés provides tailored and documented answers to all legal and rental management questions for its clients (regime of charges, conditions for the recovery of an abandoned property, obligations of the landlord and the tenant, common areas of the building, relations between the actors interested in the building and its management ...).
The firm represents and assists its clients before all courts at all stages of the case, including appraisal operations on a particular point affecting the building, and relies on the skills of other actors in the real estate business (court bailiffs, notaries, accountants, real estate experts, real estate agents, etc.) to optimally manage their files.
Examples of representative files:
- Defense of the interests of landlords (institutional and private) in disputes with their tenants (recovery of unpaid debts, evictions, execution of court decisions), including emergency procedures (“house squats”);
- Defense of the interests of an institutional landlord in a dispute with an association for the defense of tenants concerning the regularization of their rental expenses;
- Defense of the interests of an institutional landlord in a dispute with the former property manager of his housing stock (several hundred housings).
CRIMINAL LAW AND WHITE-COLLAR CRIME
Lutran & Associés handles its client’s issues in all areas of criminal law (personal injury and damage to property ...) and white-collar crime – whether they are accused of the commission of a crime/offense, victims or simple witnesses.
The firm defends its clients at all stages of the proceedings, from the investigation to the trial.
Besides defending its clients involved in criminal matters, Lutran & Associés also takes into account the subjacent criminal aspects of non-criminal cases in order to establish a complete and effective litigation strategy.
Examples of representative files:
- Defense of the interests of an industrial group in a criminal proceeding initiated abroad after an airplane accident (homicide, violation of air regulation, defamation);
- Defense of the interests of a chemical manufacturer in the criminal part of a case related to the violation of environmental regulation (pollution of an industrial site and releases of waste in nature);
- Defense of the interests of an insurance company which was the victim of the actions committed by one of its employees (concealment, theft and breach of trust);
- Defense of interests of a business owner in a case related to his activity (false testimonies, false accusation, false declarations to the judicial authorities and corruption/subornation of witnesses).
Lutran & Associés handles medical liability cases in the interest of individuals who have suffered accidents during their stay in care facilities of all kinds (hospitals, clinics ...).
Lutran & Associés defends the interests of its clients at all stages of proceedings (amicable or contentious phase, including during the appraisal phase), both to compensate the victims and/or their beneficiaries from the damage they suffered and to punish the people and/or institutions responsible for the damage (in view of obtaining civil, disciplinary and/or criminal sanctions against them).
Examples of representative files:
- Defense of the beneficiaries of a deceased person after an undetected stroke during his stay in a hospital and assistance provided to the family during the medical expertise and the subsequent negotiations for the compensation of its injury;
- Defense of the interests of a student who nearly died because of the errors committed during a surgical operation and the subsequent contraction of a nosocomial disease.
Founding partner, David Lutran is admitted to the Paris Bar since 2004. Beginning his career in the French diplomacy at the United Nations in New York, he successively worked in the litigation departments of several renown law firms (Vovan & Associates, Gide Loyrette Nouel and Linklaters) before co-founding the firm Rivedroit in 2009, where he was a partner for 7 years before founding Lutran & Associés in 2016. Dedicated to litigation, he also exercises as mediator and is accredited by the Center for Mediation and Arbitration of Paris (CMAP). David works in French, English and Spanish.
Associate at the firm, Célina Guichenduc is a member of the Paris Bar since 2019. She trained in the practice of business law in various Paris law firms and legal departments of large companies (EDF, Thales). She graduated with a Master 2 in International Business Law from Panthéon-Assas University and completed part of her studies at the Faculty of Law of Sao Paulo in Brazil. Célina works in French, English, Spanish and Portuguese.
Paralegal and office manager at the firm, Candice Nebot exercised within a real estate brokerage firm in Montreal (Canada), where she became acquainted with the issues of the sector, in particular regarding the relations between landlords and tenants from both an amicable and a litigation perspective. She then worked within the human resources department of BNP Paribas. Candice works in French and in English.
Currently in the process of obtaining a Master 1 in Business Law at Evry Val d'Essonne University; Dimitri Toko has a solid background in business law and will act as a trainee lawyer in the firm. He has a first experience in a bailiff's study during which he has confronted the issues of the law of civil enforcement procedures. Dimitri works in French and in English.
DAVID LUTRAN INTERVENED IN THE FOLLOWING CONFERENCES AND TRAININGS:
Speaker at the Conference “The legal and judicial protection of foreign investments” on the topic “the existence of a ADRs friendly legal framework: a way to attract foreign investments”
International Association of Lawyers (Union Internationale des Avocats – UIA) Algiers (Algeria), February 7 and 8, 2020
Organization and moderation of a roundtable entitled “The acceleration of the development of international business mediation after the Singapore Convention”
27th World Forum of Mediation Centers (in association with the International Association of Lawyers (UIA), Milan (Italy), January 17 and 18, 2020
Participation at the signing ceremony of UN Singapore convention on mediation
Singapore, August 7, 2019
Conference “Mediation as an Instrument of Modern Justice”, speeches given at the roundtables on “Judicial Mediation – successes and challenges” and “Mediation clauses”
International Association of Lawyers (Union Internationale des Avocats – UIA), Beirut (Lebanon), April 24 and 25, 2019
Paris Institute of Political Sciences (“Sciences Po”), Paris, March 25, 2019
Conference given to the students of the Professional master’s degree on Law and Labor relationships (DPRT)
University Paris II Pantheon-Assas on ADR and their use in Labor relationships, Paris, March 19, 2019
Member of the jury of the “International francophone contest of mediation”
Center for Mediation and Arbitration of Paris (CMAP), March 2017, 2018 and 2019
Hearing before the Working Group on Mediation created
French Ministry of European and Foreign Affairs, Paris (France), March 12, 2019
26th World Form on Mediation Centers organized by the International Association of Lawyers (Union Internationale des Avocats – UIA), intervention on the round-table dedicated to “economical and marketing concepts applied to mediation”
Zurich (Switzerland), March 8 and 9, 2019
Interest-based negotiation workshop
Professional master’s degree on ADR, University of Caen-Normandy, Caen (France), February 8, 2019
Organization, in cooperation with the South America Open Commission of the Paris Bar Association (“Ordre des Avocats de Paris”) of a symposium on the following topic: ”Market, legislation and trends in mediation and alternative dispute resolution methods in France and Latin America” and direction of the second roundtable dedicated to the feedbacks from companies executives, mediators and lawyers in the area
Paris (France), December 6, 2018
Co-organization of a symposium on the following theme: “the future of mediation in the OHADA space” and participation to the first roundtable entitled ”mediation: a win-win model of justice” (conflict, ADR, areas where mediation is used, mediator, progress of the mediation process, its advantages, specificities of international mediation)
Kinshasa (Democratic Republic of Congo, October 26, 2018
Workshop on the compensation for personal injury, Professional master’s degree “Justice, trials and proceedings – private litigation” (“Justice, procès et procedures, parcours contentieux privé”)
University of Caen-Normandy, Caen, October 19, 2018
Organization, with the Brazilian Chamber of Commerce in France, of a symposium on the following theme: “Mediation and other alternative methods of dispute resolution in the business relationships between France and Brazil” and moderator of the first roundtable
May 29, 2018, Paris
“The collaborative process”, presentation to the Group DJ-Lawyers (composed of legal directors of big companies and major business law firms partners)
Gide Loyrette Nouel, March 30, 2018
"The benefits of mediation for startup companies"
HEC Challenge+ Program, HEC Business Scholl, March 14, 2018
"Mediation: an example of a win-win justice? Process sequencing, mediation techniques, cultural and international aspects"
April 26 and September 22, 2017, February 1st, 2018
(presentations given to various audiences: lawyers, legal and business executives, students from the Sciences Po Paris law school)
Member of the jury of the “International francophone contest of mediation” organized by the Center for Mediation and Arbitration of Paris (CMAP)
March 2017 and 2018
"Latin America: regional (Mercosur, Andean Community) and local (public prosecutor of the autonomous city of Buenos Aires) judicial institution"
Paris Bar Association / Latin America Commission, September, 24th, 2015
"International contracts practice: legal risks and cultural aspects inherent to the implementation of a project abroad"
Rivedroit, March, 25th 2015
"How to secure an international commercial contract"
EFE, December,15th and 16th, 2014
"International commercial contracts: current events and practice in 2012"
EFE, December 12th, 2012
"Recognition and enforcement of foreign arbitral awards and decisions: France–Latin America cross-looks"
Paris Bar Association / Latin America Commission, February 28th, 2012
"The sudden termination of established commercial relationships"
"Mayo firm wins six-year legal battle against pharmaceutical giants"
David Lutran is quoted in the article of The Connaught Telegraph, published on August 10, 2018.
"What new traffic regulations for the autonomous car?"
David Lutran was quoted in Erick Haehnsen's article published in La Tribune, September 26th, 2014.
"Caught in the middle of Swiss and French criminal laws"
Le Temps (Zurich), January 29th, 2014.
"To go back to the roots of business law; how to temper its over-penalization"
Agefi Hebdo, November 29th – December 5th, 2007.
"The international jurisdiction of the French criminal judge"
Petites Affiches, n°54, March 15th, 2007.
"Is the opportunity of Class actions carried out by shareholders open?"
Letter n°4 of the criminal and commercial litigation department, Gide Loyrette Nouel, Sept.-Oct. 2006.
David Lutran is a member of several professional associations.
- Association of practicing lawyers in Alternative Dispute Resolution Modes (“Association des Avocats Praticiens des Modes Alternatifs de Règlement des Conflits” - AVOMARC): President and co-founder
- Droit & Démocratie: member of the board
- Ecole Alsacienne Alumni Association (AAEEA): member of the board
- Institute for High Studies on Justice (“Institut des Hautes Etudes pour la Justice”)
- Association des Avocats Conseils d’Entreprises (ACE)
- Latin-America Commission of the Paris Bar council
He has also been a teacher in contract and tort law in the University Paris 1, Panthéon-Sorbonne (2005-2006) and a member of the Prospective Commission of the Paris Bar council (2004-2006).