Banking and finance law

Our
department

Over years, LUSSAN’s Banking and Finance Law Department has developed proven expertise in managing legal counsel and litigation involving banking and financial regulation.

Its clients include leading banking and financial institutions and investment companies.

The Banking and Finance Law Department works alongside professionals in the banking and financial sector, not only to prevent the disputes they may face, but also to defend them before the courts, amicable dispute resolution and arbitration services, and the regulatory authorities.

Our
expertise

In prelitigation
and litigation :

Banking litigation: the team defends banking and financial institutions in actions for damages brought against them by clients or third parties, particularly relating to banking, financial or insurance products;
Finance and financial markets litigation: the team works on behalf of financial sector professionals on the disputes that can arise from designing and distributing financial products;
Disciplinary actions: the team defends banking institutions or investment companies in the legal actions brought by the regulatory authorities;
White-collar crime litigation: the team also works to defend the interests of banking and financial sector professionals in criminal proceedings examining their liability or to protect their rights when they are victims of criminal conduct;
Insolvency and debt recovery: the team takes the necessary steps to preserve and recover banking institutions’ financial interests, particularly following their clients’ insolvency.

In banking
and financial regulation :

The Banking and Finance Law Department supports lending institutions and investment companies, particularly when:

Launching their banking and investment business lines (creating the structure, obtaining the required approvals and passports, dealing with the regulatory authorities, etc.);
Designing and distributing new banking or financial products;
Implementing applicable standards for internal control and action against money laundering and terrorist financing (particularly writing internal procedures, regulatory reports, etc.);
Negotiating contracts with clients, counterparties or suppliers (particularly outsourcing agreements, cash management agreements, etc.).

Our recent
cases

In litigation :

Defending credit institutions in liability suits brought by numerous investors (sometimes over 1,000) following criminal fraud;
Defending credit institutions before both the ACP and criminal courts against accusations of money laundering;
Acting for leading financial institutions in disputes involving structured EMTN issues;
Defending a credit institution in a fraud case involving real estate investments for tax exemption purposes.

In regulation :

Acting alongside a credit institution in negotiating cash management agreements with major companies following the SEPA reform;
Assisting a credit institution with dealings with the regulatory authorities when developing an investment services business line;
Devising an investment company’s internal procedures to combat money laundering and terrorist financing.