Rimon

Stephanie De Giovanni

Partner

Litigation and Alternative Dispute Resolution, Europe, Regulatory, Compliance & Corporate Governance, International Trade and Customs Law
Paris
stephanie.degiovanni@rimonelectalaw.fr
00 33 6 62 33 67 24

Office:

Paris
Stephanie De Giovanni
Français Français English English

Areas of Focus:

EDUCATION

Université Paris Sud (Paris XI)

DESS / Master 2 in Business Law in partnership with HEC

The Washington College of Law - American University, Washington DC

LLM in International Business Law

Paris X

Bi-Deug and DEJA in Common Law Studies and French Business Law

Versailles School of The Bar

Certificate to practice law as a French Attorney (CAPA)

PREVIOUS EXPERIENCE

  • Simon Associés (Partner, Head of Compliance)
  • CMS Francis Lefebre Avocats (Counsel)

    ADMISSIONS

  • Paris
  • State of New York

    Languages

  • English
  • French
  • Spanish

*Attorney is a member of a French separate legal entity, Rimôn Electa Law S.E.L.A.S. and not Rimôn P.C. 

Stephanie De Giovanni is an accomplished international and litigation attorney with over 20 years of experience practicing commercial law and complex commercial litigation. Ms. De Giovanni has a background in international distribution law and spent her early career focused on commercial agency and the setting-up of distribution networks. For the duration of her legal career, she has dealt with termination issues and the disputes arising therefrom.

Over time, Ms. De Giovanni’s practice gradually evolved towards product liability and compliance and she now specializes in the following areas:

  • International litigation, arbitration, and settlement negotiations with a strong focus on termination of contracts and relationships.
  • Distribution law, international contracts, and product liability.
  • Compliance, including anti-corruption, export rules, international sanctions, regulatory constraints and ethical sourcing.

Ms. De Giovanni has deep experience advising clients on compliance issues, including anti-corruption, Sapin II law programs, regulatory issues, international sanctions as well as environmental, social, and governance (ESG) issues.  She works with clients to assist them in developing effective and ethical compliance processes for their organizations. Ms. De Giovanni represents clients in a range of industries, including manufacturing, food, life sciences, automotive, aeronautics ,finance, technology and luxury goods. She advises Boards of Directors on their compliance challenges and conducts workshops to train clients on compliance issues including Anticorruption Sapin II law.

Ms. De Giovanni is a recognized trainer with the training Institute Francis Lefebvre Formation where she offers training on compliance issues and international contracts.

She advises clients daily in the following areas:

  • Set-up or restructuring of cross-border distribution networks, subcontracting, agency and supply relationships.
  • International contracts and cross-border litigation including international private law aspects (conflicts of laws and jurisdictions).
  • Sudden or abusive termination of business relationships both as an advisor and litigator.
  • Complex commercial litigation and settlement negotiations.
  • Compliance policies, including anti-corruption audits, risk mapping, ethical charters, due diligence, and providing assistance in French Anticorruption Agency investigations.
  • Prevention mechanisms to avoid improper corporate practices.
  • Financial sanctions and embargos, including international trade restrictions.
  • Product liability matters, including regulatory issues, judicial or amicable expertise proceedings, recall or withdrawal situations, and settlement negotiations.

Ms. De Giovanni is consistently ranked in compliance in the Leaders League and has been ranked in the Legal 500 in the Life Sciences category in 2017 and the following years.

SELECTED EXPERIENCE

  • Representation of clients on the setting-up and/or restructuring of international distribution and supply relationships, notably in the life sciences, food, aeronautics, luxury and automotive sectors.
  • Representation of a client in an international litigation regarding trade secrecy and French discovery proceedings (in futurum measures).
  • Advising a major US group in the context of an asset sale of a business unit (through a sale of an ongoing business concern scheme).
  • Accompanying clients in their international expansion in Europe, the US or worldwide, notably in the Luxury sector through franchise and brand licensing agreements.
  • Advising on regulatory issues arising from French economic and distribution laws notably in the life-science and construction industries.
  • Assisting financial institutions in their regulatory and compliance issues nationally and in foreign jurisdictions through the appointment and management of the foreign consultants and attorneys working for them.
  • Negotiation of international contracts including agency agreements, exclusive distribution contracts, commissionaire, supply & subcontracting agreements, toll manufacturing agreements, R&D contracts, NDA and cooperation agreements.
  • Representation and assistance of clients in arbitration proceedings (including ICC arbitration) relating to termination and compliance claims, acting for a Greek Bank, a Swiss Tour operator, an ICC arbitration linked to an IT business in Africa.
  • Advising and representing clients in the context of CMAP mediations.
  • Successful representation before French courts of a commercial agent having several territories in the Middle East against its French principal in the context of the commercial agency contract termination.
  • Advising clients in the set up of compliance programs to ensure conformity with anti-bribery frameworks including the Sapin II Law.
  • Adaptation of US FCPA anti-corruption programs into French law.
  • Setting up of international anti-corruption programs complying with the standards of various anti-corruption laws such as the US FCPA, the UK Bribery Act or other demanding legal frameworks.
  • Conducting anti-bribery and compliance Due Diligence in M&A transactions.
  • Preparing for AFA investigations and setting up prevention mechanisms.
  • Drafting Ethical Charters, advising on ethical sourcing issues and ESG criteria.
  • Advising and educating the Board of Directors of international groups or business units on anticorruption laws, compliance policies, and ESG criteria.
  • Advising clients in the field of financial sanctions and embargos and providing training sessions on compliance issues.
  • Advising a technology client on its human rights exposure, anticorruption and AML risks.
  • Conducting audits and compliance risk assessments in connection with the acquisition of targeted entities, including in relation to real estate and maritime activities.
  • Conducting numerous risk assessments in connection with allegedly defective electrical products & providing recommendations on the appropriate course of action to ensure regulatory compliance.
  • Conducting risk assessments in connection with allegedly defective safety equipment (following the General Product Safety Directive method and other sectorial methods), and providing advice on appropriate compliance protocols and potential recall options.
  • Conducting a risk assessment on behalf of the producer involving allegedly defective fixed equipment located in medical facilities.
  • Advising on the impact that the sanitary crisis can have on businesses involved in construction activities, and suggesting actions to be implemented to avoid risk.
  • Conducting various risk assessments and defining remedial plans for medical device producers and other clients involved in the life sciences industry.
  • Advising on sanitary crisis issues in connection with the application of defense of force majeure.
  • Conducting various risk assessments in relation to environmental concerns identified by environmental experts in connection with the acquisition of targeted entities.

PUBLICATIONS

  • Author of the French chapter of the International Encyclopedia of Agency and Distribution Agreements (IEADA) published by the International Bar Association.
  • Co-author of the French chapter of the CMS Guide to Arbitration, Fourth Edition
  • Author of Numerous articles and speakers at events on anti-bribery, including two forums on anti-corruption held in 2013 and 2016 with the OECD Anti-corruption Department.
  • Speaker at a conference on the extraterritorial reach of compliance laws and the CLOUD Act held at Simon Associés in 2019.
  • Co-author and Editor of the Compliance Newsletter of Simon Associés in 2020

EDUCATION

Université Paris Sud (Paris XI)

DESS / Master 2 in Business Law in partnership with HEC

The Washington College of Law - American University, Washington DC

LLM in International Business Law

Paris X

Bi-Deug and DEJA in Common Law Studies and French Business Law

Versailles School of The Bar

Certificate to practice law as a French Attorney (CAPA)

PREVIOUS EXPERIENCE

  • Simon Associés (Partner, Head of Compliance)
  • CMS Francis Lefebre Avocats (Counsel)

    ADMISSIONS

  • Paris
  • State of New York

    Languages

  • English
  • French
  • Spanish

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