Rimon

Stephanie De Giovanni

Partner

Corporate and Business Transactions, Litigation, Europe, Regulatory, Compliance & Corporate Governance
Paris

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

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 has been ranked by Legal 500 in the Healthcare and Life Sciences categories consistently since 2017.

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.

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