White-collar criminal law

Boken regularly pleads before criminal courts to represent and defend companies and their directors whether as defendants or victims.

Boken handles numerous prominent cases, particularly in connection with financial, stock market and taxation matters as well as criminal labour law. The firm advises major banking institutions along with leading and company directors.

A brilliant team” consisting of lawyers who are “tenacious,
diligent and highly effective in managing sensitive cases.
Legal 500

Recent cases

  • Defending a North American group and its director against accusations of private corruption intended to facilitate winning public contracts.
  • Defending a banking executive accused by the British, American and French authorities in the so-called “Libor” affair.
  • Defending an investment fund partner in connection with criminal proceedings due to questionable tax schemes.
  • Defending former directors in dispute with a French company in the United States and France and as litigants in a judicial inquiry into charges of fraud and bribing of witnesses.

Mediation and Arbitration

In courts as well as institutional and ad hoc arbitration bodies, Boken handles numerous commercial disputes and has developed recognised expertise relative to contractual and tortious liability.

Particularly involved in disputes relative to unfair competition, post-acquisition and execution of shareholders’ agreements, Boken is also consulted when it comes to preventing litigation risks.

Boken distinguishes itself thanks to its great professionalism and
its legal advocacy skills. The firm manages numerous suits
involving substantial financial and strategic stakes.
Legal 500

Recent cases

  • Defence of the interests of an investment fund claiming civil liability of an auditing firm acting as an acquisition adviser.
  • Defence of a telecommunications group that filed a liability suit against two North American groups following a partnership breakup.
  • Defending the interests of a holding company disposing of a mass-market retail group in a series of litigations against the purchaser.
  • Defending companies providing consultancy services on cost optimisation against representatives of the legal profession in relation to the scope of law.

Insurance and reinsurance

Offering its clients the expertise required by highly technical cases involving substantial financial stakes, Boken has developed a litigation practice widely recognized in connection with insurance and reinsurance law, covering both damages and liability.

It also advises clients on drafting contracts and various aspects of regulation in the sector.

Boken represents large French and international insurance companies (…).
This activity is run by Franck Poindessault, who is rigorous
and very attentive to his clients.
Legal 500

Recent cases

  • Defending the interests of a European insurer in connection with a substantial company directors’ and officers’ liability insurance claim with implications for international litigation.
  •     Defending the interests of a French insurer in a dispute related to the insurer’s obligations concerning the distribution of insurance products.
  • Providing assistance to a major player in connection with financial risks in developing their cover (D&O, fraud, K&R, W&I).
  • Lending assistance to a mutualist group in revising their contracts and adapting to changes in industry-wide agreements.

Banking and securities markets

Thanks to its recognised expertise in banking litigation, Boken advises several financial institutions in litigation relating to civil, regulatory and criminal liability of bankers and investment services providers.

With their thorough knowledge of banking and securities market rules and regulations, the firm’s attorneys represent and assist investors and investment service providers vis-à-vis the Financial Markets Authority (AMF) and the French Prudential Supervision and Resolution Authority (ACPR).

Reknown “for its in-depth knowledge of the banking sector”, the firm “advises major French and foreign groups and a significant number of banking and financial clients.
Legal 500

Recent cases

  • Managing proceedings on behalf of a retail bank where the bank is victim and accuser (breach of trust, cavalry, Tracfin reporting, etc.); defending a branch manager indicted for money laundering, defending a banking institution victimized by a credit fraud network.
  • Civil liability of a bank in connection with marketing a financial product; advisory services concerning prevention of consumer credit litigation.
  • Defending a banking institution before the AMF relative to irregularities in sales of financial products.
  • Defending before the ACPR a bank charged with failure of internal controls following heavy losses in proprietary trading on the securities market.

Public business law

Boken handles public-law cases for both claimants and defendants in connection with proceedings relative to legality, contracts or taxation disputes. In those same fields, the firm provides advisory services, particularly as concerns prevention of disputes.

Boken has strong expertise in three areas: tax law, public-sector contracts (public procurement, public service concessions and delegations, public-private partnerships) and economic regulation law. Boken also advises local authorities, particularly in connection with legal and financial audits.

Recent cases

  • Defending the interests of a landowner during the establishment of a priority development zone in a large conurbation.
  • Defending the interests of an industrial company appealing on the grounds of abuse of authority against a regulatory circular hindering its rights to reimbursement of unjustified social security contributions.
  • Defending a project management consortium in a dispute against a public-sector principal.
  • Defending the interests of a public foundation in an appeal on the grounds of abuse of authority against decisions made by a national public-sector institution.

Labour law

Boken defends businesses and company directors in industrial court proceedings. The firm also advises its institutional clients on managing individual and collective labour relations.

The firm has developed recognized expertise in the field of criminal labour law (obstruction, workplace injuries and manslaughter, violation of safety rules, etc.).

Recent cases

  • Defending a consulting company in industrial court proceedings and criminal charges following a violation of non-competition obligations.
  • Lending assistance to a transportation company in organising its employees’ working time and revising internal regulations and contracts.
  • Defending a construction company facing charges in a criminal court for violation of safety rules laid down by the Labour Code (training, use of work equipment).
  • Advising a senior company manager in connection with secondment to Asia.

Intellectual property law

Boken advises companies operating in the audio-visual and artistic sector, news organisations and industrial companies with respect to management and protection of copyright, image rights, trademarks and patents.

The firm also manages its clients’ litigations relative to counterfeit and press law, as well as relative to civil and criminal proceedings.

Recent cases

  • Negotiating contracts concerning transfer of copyrights and of image rights for an audio-visual work.
  • Defending a real estate development company in civil infringement proceedings linked with an architectural project in Morocco.
  • Bringing into compliance the terms and conditions of use for an Internet collaborative platform in view of intellectual property law.
  • Defending a foreign leather goods company whose goods were counterfeited in France.