The firm's method

Intervention examples

How the firm approaches concrete situations, from diagnosis to resolution. These anonymised and illustrative examples present our method rather than named client files.

M&A

Sale of an SME with a controlled representations and warranties package

A managing director wished to sell his services company and was concerned that an overly broad warranty could expose his personal assets after the sale.

Issue at stake : Securing the price while capping the representations and warranties and limiting their duration.

Intervention :

• Preparation of the data room and review of risks before the sale.
• Negotiation of the SPA: warranty cap, threshold, duration and security.
• Coordination with the tax team on the structuring of the disposal.

Outcome : The sale was completed with a framed warranty and an escrow mechanism, reducing the seller's exposure after closing.

Mergers and acquisitions lawyer

Debt recovery

Recovery of a cross-border claim against a debtor in the EU

A company held an undisputed commercial claim against a client established in another Member State.

Issue at stake : Obtaining an enforceable title abroad quickly, without lengthy proceedings.

Intervention :

• Verification of the evidence and of the debtor's solvency.
• Use of the European order for payment.
• Follow-up of enforcement in the debtor's State.

Outcome : A cross-border enforceable title was obtained, opening the way to enforcement without fresh proceedings on the merits.

European order for payment

Employment law

Securing a dismissal procedure on the employer's side

An employer was contemplating a dismissal on personal grounds and was concerned about the risk of it being reclassified as an unfair dismissal.

Issue at stake : Complying with the formalities and time limits to limit the risk of compensation.

Intervention :

• Analysis of the grounds and of their genuine and serious character.
• Framing of the prior interview and drafting of the letter of grounds.
• Strict compliance with the applicable time limits.

Outcome : The procedure was conducted in the proper form, reducing the risk of litigation and securing the employer's decision.

Employment law lawyer

Companies & tax

Structuring of a SOPARFI holding for a growing group

An entrepreneur held several participations in his own name and wished to rationalise the holding structure and prepare for a fundraising.

Issue at stake : Optimising the holding of participations and preparing for the entry of investors.

Intervention :

• Incorporation of a SOPARFI and contribution of the participations.
• Drafting of the articles and of a shareholders' agreement suited to the fundraising.
• Coordination with the tax team on the applicable regime.

Outcome : The group was reorganised around a holding company, easing governance and the preparation for opening up the capital.

SOPARFI / holding lawyer

Immigration

Relocation of a qualified executive via the EU Blue Card

A company was recruiting a highly qualified profile who was a third-country national and needed to secure his relocation.

Issue at stake : Obtaining the residence and work authorisation within time frames compatible with taking up the post.

Intervention :

• Verification of the conditions (degree, remuneration threshold).
• Compilation and filing of the EU Blue Card application.
• Support for the employer and the employee through to issuance.

Outcome : The application was filed in order, allowing the executive to relocate and take up his post within the planned timetable.

EU Blue Card

Litigation

Defence in the abrupt termination of an established commercial relationship

A supplier was facing the sudden cessation of orders from a long-standing partner, without notice.

Issue at stake : Establishing the wrongful character of the termination and obtaining compensation.

Intervention :

• Analysis of the seniority and economic dependence of the relationship.
• Formal notice and attempt at an amicable resolution.
• Preparation of the contentious action failing an agreement.

Outcome : The amicable then contentious strategy made it possible to open negotiations on compensation for the loss.

Commercial litigation

Anonymised, illustrative examples presenting the firm's method. Every matter is unique and handled by a lawyer admitted to the Luxembourg Bar; these examples are neither legal advice nor a guarantee of results.

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