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The Practice

Establishment

The firm was set up on 1 February 2016 by Philippe CHEMOUNY, a lawyer who has been a member of the Paris Bar since March 1989.

For over 21 years, Philippe CHEMOUNY was a partner in the law practice of Cabinet Poulain & Associés, and while there, he took part in large-scale company restructurings, providing his expertise in various areas and also his experience in the fields of negotiations, conflicts and industrial disputes, which arise at the time of restructurings and changes of control.

Philippe CHEMOUNY is a lawyer who is recognised for his skill in handling collective insolvency proceedings. With a wealth of experience, he or she is regularly called upon by many company officers of distressed firms, managers who require funding, manufacturing and financial partners, for investors who want to achieve growth by inorganic means (M&As, etc.), in particular before the bar, but also by providing services to banking establishments and court-appointed administrators.

The clients of the firm are typically corporate officers, transition managers, senior administration and financial management staff of companies, HR employees, the legal affairs departments of SMEs and banks, and court-appointed administrators.

The DNA of Chemouny Associés

Chemouny Associés believes that no important strategic decision relating to the handling of difficulties encountered can be made without a comprehensive understanding of the business and commercial environment in which a struggling firm is operating. Such an understanding of an organisation’s business is critical to finding the appropriate solutions to be implemented in a specific and suitable legal framework (e.g. in circumstances involving ad hoc court-ordered assignments, mediation, job-saving schemes (Plans de Sauvegarde de l’Emploi (PSEs)), court-ordered administration proceedings, etc.).

The instigation of collective insolvency proceedings implies conducting preparatory work and management work in relation to strategic suppliers beforehand, in order to ensure proper continuation of a firm’s operations and to enable it to put in place the restructuring measures, which will allow it to return to profit.

The restructuring of a firm requires sustained and continuous work in conjunction with management, in close collaboration with court-appointed administrators, over a period, typically, of between six and 12 months. In such an extraordinary context, Chemouny Associés must at all times be ready, willing and able to take part in such a sustained effort, which is always a challenge for the managerial teams in place. It is important for the lawyer involved to have the proper perspective and share his or her expertise with auditors and court-appointed administrators. This facilitates a clearer understanding of the nature of the difficulties encountered in a calm and composed manner, for the lawyer must be capable of providing advice and support to company officers vis-à-vis the restructuring measures intended for maintaining the company’s status as a going concern. Elsewhere, in crisis management, pragmatic and effective solutions must be implemented for dealing with problems arising at the time of proceedings that may be instigated by derogation.

The practice operates primarily in corporate litigation. The practice employs litigation lawyers who are all qualified before the courts. The practice takes the utmost care in drafting its submissions. It is precisely because the courts today have ever less time to rule on cases that preparing submissions remains, above all, a crucial exercise. The submission showcases the lawyer’s approach to the points under dispute and the manner in which they should be resolved, prior to any subsequent setting aside by a higher court.

The practice also assists firms with the management of their human resources, in negotiations, and in the performance and termination of employment contracts. It has a long experience in defending firms – but also the directors of groups of companies – before employment tribunals. (Its founders’ experience of rhetorical jousting in proceedings, which are mainly oral, are a tremendous asset.)

In handling the assignments entrusted to it, the firm incessantly strives to provide the most thorough review of clients’ problems and to resolve them with all due diligence.