Rimon

Stephanie De Giovanni

Partner

Litigation and Alternative Dispute Resolution, Europe, Regulatory, Compliance & Corporate Governance, International Trade and Customs Law
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

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

Stéphanie De Giovanni is an accomplished lawyer in the fields of international trade law and cross-border litigation, with over 25 years’ practice in international law and complex commercial disputes. Admitted to the Paris and New York bars, Ms. De Giovanni has extensive experience in the fields of distribution law and compliance. She assists her clients with their international expansion projects or their desire to establish a presence in France by setting up an appropriate distribution network.

Since the beginning of her career, she has worked on commercial agency issues, intermediation and the setting up of export distribution networks. In addition, she regularly deals with issues relating to contract termination and related litigation. She regularly examines the conflict between the public policy rules governing distribution and the imperative principles of compliance.

Stephanie focuses her practice on the following areas of law:

  • Distribution law and drafting secure international contracts.
  • Representing clients in cross-border litigation, arbitration and negotiation of settlement agreements (particularly in connection with termination of contracts or commercial relations).
  • Product liability and unfair competition.
  • Compliance, including the fight against corruption, export regulations, international sanctions and embargoes, as well as regulatory requirements and rules relating to business ethics.

Ms. De Giovanni has deep experience in advising clients on compliance issues, including the fight against corruption (particularly in the context of France’s “Sapin II” legislation), regulatory issues, international sanctions, as well as corporate social responsibility (“CSR”) and ESG (Environment, Social and Governance) assessment. She assists clients in developing appropriate and effective compliance procedures for deployment within their groups and organizations.

Ms. De Giovanni represents clients in a wide range of sectors, including food, life sciences, automotive, aeronautics, manufacturing, advanced and innovative technologies and luxury goods. In particular, she advises Boards of Directors on their compliance and duty of care challenges. She regularly conducts workshops to train clients on compliance issues and extraterritorial anti-corruption laws.

Stéphanie De Giovanni advises clients daily in the following areas:

  • Setting up or restructuring cross-border distribution networks, subcontracting, commercial agency, intermediation and sourcing relationships.
  • International contracts and cross-border disputes, including international private law aspects (conflicts of law and jurisdiction).
  • Sudden or abusive termination of established commercial relationships, both as advisor and litigator or pre-litigator.
  • Complex commercial disputes and negotiation of settlement protocols.
  • Compliance policies, including anti-corruption audits, implementation or updating of risk mapping, drafting and adaptation of ethics charters, due diligence and assistance with investigations carried out by the French Anti-Corruption Agency.
  • Preventive measures to avoid unfair, deceptive, abusive and/or unfair competition practices (disparagement, confusion, disorganization, parasitism) and representation in litigation or pre-litigation.
  • Financial sanctions and embargoes, including international trade restrictions.
  • Product liability issues, including regulatory questions, legal proceedings or representation in out-of-court expert appraisals, product recall or withdrawal situations, and negotiation of settlement agreements.

Ms. De Giovanni is a recognized trainer with the training Institute Lefebvre Dalloz Formation, where she regularly offers training on international contracts and compliance issues. Each year, she writes the French chapter of the Kluwer / IBA publication of the International Encyclopedia of Agency and Distribution Contracts.

Ms. De Giovanni is recognized for her drafting of robust compliance programs and is consistently ranked in the Leaders League for compliance. She has also been listed in the Legal 500 in the Life Sciences category. In 2023, she was appointed as French Foreign Trade Advisor by the French Prime Minister.

She also has an extensive network of foreign correspondents around the world, with whom she collaborates closely. Within the Rimôn network, she regularly works with her American colleagues and those from other Rimôn countries on complex international issues.

SELECTED EXPERIENCE

  • Representing clients in setting up or restructuring distribution networks and/or terminating international distribution and supply contractual relationships, particularly in the life sciences, food, aeronautics, luxury goods and automotive sectors.
  • Drafting and negotiation of international contracts, including commercial agency, exclusive distribution, franchise, commissionaire, supply and subcontracting agreements, manufacturing and toll-manufacturing contracts, R&D and storage contracts, as well as non-disclosure and cooperation agreements.
  • Representation and assistance of clients before arbitration bodies (including arbitration before the ICC and CMAP) in disputes arising from the termination of commercial relations or compliance issues.
  • Representation of a Greek bank in an ICC arbitration related to defective products issues.
  • Representation before the ICC of a hotel group in the context of an expropriation.
  • Representation of a commercial agent before the CMAP in a dispute involving breach of contract and compliance issues.
  • Advice and representation of clients in CMAP mediations.
  • Representation before the French courts of a French principal against its commercial agent in the Middle East, in the context of the termination of the commercial agency contract.
  • Advising European and international clients on European financial sanctions and embargoes (in particular sanctions against Russia).
  • Organization of training sessions on compliance issues, in particular for “most exposed personnel” as defined by the Sapin II legislation, as well as for the Legal Departments and Compliance Officers in charge of these issues.
  • Applying for and obtaining export licenses for Russia from the French Treasury (Direction Générale du Trésor)
  • Representation of a client in an international dispute concerning business trade and French evidentiary measures (mesures d’instruction in futurum).
  • Advice to clients operating in regulated sectors on European and French standards, laws and regulatory requirements (in particular the food sector, the life sciences and healthcare sector, automotive battery regulations, etc.).
  • Risk assessment and advice to an international group for the transfer of intra-group data to the USA.
  • Risk assessment and assistance to clients in pre-litigation concerning alleged acts of unfair competition and/or alleged breach of non-competition clauses.
  • Advising clients in negotiations and pre-litigation relating to contractual breaches, unbalanced contracts and/or in the event of sudden termination of established commercial relations.
  • Representation of clients in conciliations before the Paris Commercial Court.
  • Advice to US companies on export regulations applicable within the European Union for technological products
  • Implementation of pre-litigation strategies on an international level with the assistance of our foreign correspondents.
  • Advising a major US group on the sale of a business unit’s assets as part of a larger international business sale.
  • Supporting clients in their international expansion projects (particularly in Europe, the United States, the Middle East and other countries), especially in the luxury goods sector through franchising and brand licensing agreements.
  • Advice on regulatory issues arising from economic and distribution law, particularly in the life sciences, automotive and construction sectors.
  • Assisting financial institutions and clients in sensitive sectors with regulatory and compliance issues, both nationally and internationally, by appointing and coordinating foreign consultants (business intelligence firms, etc.) and lawyers working on their behalf.
  • Advising clients on the implementation of compliance programs to ensure their compliance with anti-corruption legislative frameworks, including in particular the Sapin II law.
  • Adaptation of US FCPA-compliant anti-bribery programs to French legislation.
  • Implementation of international anti-bribery programs that comply with the standards of various anti-bribery laws, such as the US FCPA, the UK Bribery Act or other binding legal frameworks.
  • Anti-corruption and compliance due diligence for M&A transactions.
  • Preparing investigations from the French Anticorruption Agency and setting up prevention mechanisms.
  • Drafting of ethical charters, advice on ethical sourcing and ESG criteria.
  • Advice and training for the Board of Directors of international groups or business units on anti-corruption laws, compliance policies and ESG criteria.
  • Advice to a customer who has developed an application on its exposure to human rights, anti-corruption and AML/CFT risks.
  • Compliance audits and risk assessments in connection with the acquisition of targeted entities, particularly in the real estate and shipping sectors.
  • Numerous risk assessments of allegedly faulty electrical products, and recommendations to ensure compliance with the relevant regulations.
  • Procedures for risk assessments of allegedly defective safety equipment, and advice on appropriate compliance protocols and potential recall options.
  • Risk assessment for a manufacturer of medical equipment.
  • Representation of clients in numerous amicable or legal expert appraisals of plants and/or seeds.
  • Advice on the impact of the health crisis on companies in the construction sector, and proposals for actions to be taken to avoid risks.
  • Carrying out various risk assessments and defining corrective plans for medical device producers and other clients in the life sciences industry.
  • Advice on invoking force majeure as a defence in the context of health crises.
  • Carrying out various risk assessments of environmental issues 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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