Business litigation lawyers in Paris
Defending what matters to you.
A dispute between an agency and an influencer, unpaid royalties from a label, an audiovisual co-production going wrong, a failing SaaS platform, an online disparagement campaign, infringement of a trademark or a creative work, a shareholder conflict within a startup.
INFLUXIO defends creators, artists, agencies, producers, software publishers and executives from Paris and Brussels, as claimant and as defendant, from expedited summary proceedings through to enforcement of the judgment, before the Paris Economic Activities Court, the Judicial Court and the Paris Court of Appeal.




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What is the role of a Business litigation lawyer in Paris ?
A business litigation lawyer turns a commercial dispute into an enforceable judgment. They bring summary proceedings, if necessary on an expedited short-notice basis, to obtain the removal of content, the cessation of a manifestly unlawful disturbance or an interim payment (Articles 834, 835 and 873 of the French Code of Civil Procedure), pursue the case on the merits before the Economic Activities Court or the Judicial Court within the 5-year limitation period (Article 2224 of the Civil Code and Article L.110-4 of the Commercial Code), subject to the 3-month period specific to defamation, then enforce the decision through a judicial officer. The earlier the firm is instructed, the stronger the evidence and the sounder the choice of procedure.
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Practical examples
Fast removal of a disparaging online publication
A company was the target of an orchestrated disparagement campaign on social media. After securing evidence by bailiff report, INFLUXIO obtained in interim proceedings, under article 835 of the French Code of Civil Procedure, the removal of the content under penalty payment as well as a provision, then identification of the anonymous author under article 145 of the same code.
Condemnation for counterfeiting after seizure
A competitor was reproducing a client's creations. A counterfeiting seizure made it possible to establish the scale of the acts before the action on the merits. The court ordered cessation and awarded 120,000 euros in damages for the loss suffered.
Client reviews
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Mia-Line C.
“We particularly appreciated the firm's professionalism, responsiveness and ability to defend our interests with conviction, while remaining measured and factual.”
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“I contacted this firm when launching my influencer marketing agency. Very satisfied with the quality of the work, the responsiveness and the quality of the exchanges.”
Alex E.
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What is a business litigation lawyer ?
Business litigation covers all economic disputes brought, or capable of being brought, before a civil or commercial court. In the sectors we defend, these disputes take specific forms.
An influencer marketing agency claims payment for a campaign from a brand, a creator challenges the exclusivity imposed by their agent, an artist asks their label for royalty accounting and payment, an audiovisual producer is at odds with a co-producer or a broadcaster over the exploitation of a programme, a SaaS publisher and its client disagree over a rejected acceptance test or data reversibility, a company suffers organised disparagement from a competitor or a former partner, a trademark or a creative work is infringed.
The business litigation lawyer is the professional who brings these disputes before the Economic Activities Court, the Judicial Court and the Court of Appeal, or who resolves them through negotiation where that route is the most effective.
They differ from the advisory lawyer, who acts upstream to prevent conflict, and from the general practitioner, in that they master the rules of jurisdiction, time limits and evidence specific to each procedure.
At INFLUXIO, they also know the business models and contractual practices of influencer marketing, music, audiovisual and digital, which changes how a file is read from the very first meeting.
What is the role of a business litigation lawyer ?
The business litigation lawyer, or trial lawyer, represents and defends clients once a dispute can no longer be avoided. Their role covers the whole chain of the case.
They assess whether to act, build the evidence, notably through a judicial officer report on online content, choose the appropriate procedure, summary proceedings, ex parte application, action on the merits or appeal, draft the submissions, argue at the hearing, then enforce the decision obtained.
They act both as claimant, to assert your rights, and as defendant, to resist a claim brought against you, whether it comes from a former partner, a competitor, a platform or a public authority. In influencer cases, they defend both the agency enforcing an exclusivity and the creator seeking to exit an unbalanced contract. In music cases, they represent both the label and the artist.
This dual practice gives concrete knowledge of the opposing arguments, which weighs in assessing prospects of success and in conducting a negotiation. By assessing those prospects clearly, securing the evidence and choosing the right procedural route, the business litigation lawyer allows the client to make an informed decision: to act, to defend or to settle.
A strategy defined upstream is often worth more than a brilliant but late plea.
Creator, agency and producer disputes: understanding what is at stake in proceedings.
A dispute arises from a contractual breach, an unpaid invoice, an infringement of a right or a disagreement between shareholders. In the creative industries and technology, the break happens at identifiable moments.
An influencer leaves their agency during an exclusivity period, a brand refuses to pay for a delivered campaign, a label stops accounting for royalties, a co-producer exploits a programme without its partner's consent, a platform suspends an account or demonetises a channel, an IT provider delivers software that does not work, a competitor publishes fake reviews or a disparaging video.
Every procedure follows rules of jurisdiction, time limits and evidence that determine its outcome.
Jurisdiction depends on the status of the parties and the subject matter: an artist or creator acting as an individual is not a trader, literary and artistic property falls exclusively within the Judicial Court (Article L.331-1 of the French Intellectual Property Code) and defamation is subject to the formalities and 3-month limitation period of the Act of 29 July 1881 (Article 65). Our firm helps you understand these rules, assess your prospects and choose between negotiation, summary proceedings and an action on the merits.
Business litigation and strategy: what does it mean for your interests ?
Business litigation is not an end in itself, but a lever serving an objective. Stopping an infringement, obtaining compensation, recovering a debt, regaining a catalogue or an account, protecting a reputation or a trademark.
Well-run proceedings, or a settlement negotiated at the right moment, strengthen your position and deter future infringements, which matters particularly in sectors where the players know one another and where reputation is built online. That is why we always reason in terms of outcome and cost, not procedure for the sake of procedure.
Summary proceedings obtained within days against a disparaging video may be enough to restore a creator's situation, where an 18-month action on the merits would add nothing. Conversely, only an action on the merits allows a court to rule on the termination of an artist contract or the liability of a co-producer.
The choice is made case by case, with a costed risk-benefit analysis before any commitment.
Business litigation: digital evidence and cross-border disputes.
Evidence has become digital. Screenshots, posts on Instagram, TikTok or YouTube, online reviews, private messages, audience statistics, streaming platform statements and electronic exchanges all require rigorous official reports to be admissible. Infringements spread within hours across services established abroad, often in Ireland for the main platforms, and their author is frequently anonymous.
The cross-border dimension complicates jurisdiction, applicable law and enforcement of decisions. These challenges make command of procedure and evidence more decisive than ever for a business litigation lawyer. Our presence in Paris and Brussels allows us to bring these cases before French and Belgian courts and to coordinate proceedings on a European scale.
Business litigation is won first through strategy and evidence, before it is won at the hearing.
Our expertise.
A poorly launched dispute can compromise perfectly sound rights. Our firm, based in Paris and Brussels, assists you at every stage of the procedure, analysis, evidence, action and enforcement, with concrete knowledge of the sectors in which you operate.
Defending creators, agencies, producers and executives.
Influencer, content creator, artist, label, influencer marketing or communications agency, audiovisual producer, SaaS publisher, startup founder or company director, we represent you as claimant and as defendant, before the civil and commercial courts, with the same demand for precise submissions and clear strategy.
We act on both sides of these relationships, which gives us a realistic reading of the strengths and weaknesses of every case.
Procedural strategy and building digital evidence.
Before acting, we secure the evidence.
Judicial officer reports on posts, stories, videos and online reviews, preservation of content and accounts, collection of royalty statements and exploitation data, then, where needed, an investigative measure ordered before any trial under Article 145 of the Code of Civil Procedure to identify the author of anonymous content or obtain documents held by the opposing party.
We then choose the most effective procedural route: summary proceedings, ex parte application, action on the merits or negotiation.
Enforcement in France, in Belgium and against platforms.
Obtaining a decision is not enough; it must be enforced. We implement enforcement measures, penalty payments, attachment of receivables, protective seizure, and we follow up removal orders with platforms and hosting providers, including where they are established abroad. Our Brussels presence allows us to support enforcement in a French-Belgian and European framework.
Business litigation: the profiles we defend.
Historically serving players in influencer marketing, music, audiovisual, new technologies and the attention economy, INFLUXIO conducts business litigation with knowledge of the business models, contractual practices and breaking points specific to each profession. Our submissions and procedural strategy are calibrated for these clients, as claimant and as defendant.
Influencers, content creators, YouTubers and streamers.
Exiting an agency or agent contract, challenging an exclusivity or non-compete clause, unpaid remuneration from a brand or agency, reclassification of a collaboration, disputes with a brand over performance or reuse of a campaign, content takedowns, suspension or restriction of an Instagram, TikTok, YouTube or Twitch account, demonetisation, Content ID claims, identity theft, online reputation attacks, DGCCRF inspections or injunctions.
We represent creators and YouTubers before the civil and commercial courts, with systematic coordination with press litigation where the harm continues online.
Commercial influence contracts must be in writing on pain of nullity and must contain mandatory particulars (Article 8 of Act no. 2023-451 of 9 June 2023), which weighs in any dispute between a creator and their agency or brand.
Influencer marketing agencies, talent agents and communications agencies.
Unpaid brand invoices, abrupt termination of an established relationship with a brand, wrongful termination or departure of a talent during an exclusivity period, poaching of creators, disputes over commissions, disputes with platforms and media buyers, joint liability with the creator towards third parties, campaigns challenged by a brand or by a public authority.
We defend agencies in their relations with talent and with brands, before the Paris Economic Activities Court for disputes between companies and before the Judicial Court where the creator is an individual.
Artists, musicians, producers, labels and publishers.
Disputed royalty statements, accounting obligations, termination of an artist or phonographic production contract, restitution or blocking of masters, disputes with a digital distributor over streaming revenue, music publishing or rights assignment disputes, disputes between co-producers or with a beatmaker, disagreements with a manager, disputes with collecting societies (SACEM, SPPF, SCPP, ADAMI, SPEDIDAM), sample or composition infringement.
Our music law and artists' rights practice brings these disputes before the Judicial Court, which has jurisdiction over literary and artistic property, and before arbitral tribunals where the contract so provides.
We maintain the distinction between the master, covered by the producer's neighbouring rights (Article L.213-1 of the Intellectual Property Code), and the work, covered by copyright, and we check the validity of every performer authorisation, which must be in writing (Article L.212-3 of the same code).
Audiovisual producers, production companies and on-screen talent.
Production and co-production disputes, challenges to rights assignments or revenue sharing, disagreements with broadcasters, video-on-demand platforms and distributors, claims by authors and performers, image rights of participants in a programme, of a contributor or of a person filmed without authorisation, exploitation of images beyond the consent given.
The audiovisual production contract carries a presumption of assignment of exclusive exploitation rights to the producer, unless otherwise agreed (Article L.132-24 of the Intellectual Property Code), and authorisation to exploit a person's image must be express, specific and limited.
Our audiovisual law team runs these cases relying on infringement seizure (Article L.332-1 of the same code) and on pre-trial investigative measures, in summary proceedings and on the merits.
Startups, SaaS publishers and technology players.
SaaS and cloud disputes, non-compliant IT services, refusal of acceptance, scope creep, data reversibility, supplier disagreements, disputes relating to artificial intelligence and personal data, shareholder disputes before or after a funding round, cybersecurity disputes, Web3 and crypto-asset disputes, suspension of a service by a platform.
Our digital DNA allows us to put technical evidence before the court and to obtain protective measures suited to the pace of the sector, including through expedited short-notice summary proceedings.
Executives, founders and shareholders.
Shareholder conflicts, enforcement of a shareholders' agreement, removal of a director, calling on a warranty of assets and liabilities after a sale, abrupt termination of an established commercial relationship, post-funding disputes, attacks on an executive's reputation.
We defend executives, founders and companies before the Economic Activities Court and the Judicial Court, from summary proceedings to enforcement, aligning litigation strategy with governance and valuation issues.
Running your dispute on every front: civil and commercial.
Our practice covers every area where the defence of your interests is at stake, from the commercial courts to the civil courts, with particular attention to disputes specific to creators, media and technology.
Commercial and contract litigation.
Unpaid invoices from brands or clients, breach of a service, production or distribution contract, abrupt termination of an established commercial relationship between an agency and a brand or between a label and a distributor, shareholder conflicts.
We defend your interests before the Economic Activities Court and the Judicial Court, from the formal notice to enforcement.
Intellectual property and infringement litigation.
Trademarks, copyright, neighbouring rights of performers and producers, designs, software.
We bring and defend infringement and unfair competition or free-riding actions, notably where a sample, a format, a visual, a stage name or a brand identity has been reproduced, relying on infringement seizure to establish proof of the acts and on the statutory criteria for assessing damage (Article L.331-1-3 of the Intellectual Property Code).
Digital, press and online reputation litigation.
Defamation, disparagement, fake reviews, invasion of privacy and breach of image rights, identity theft, delisting, cyberharassment of a creator or an executive.
We act to have unlawful content removed, to identify its authors and to obtain compensation, in summary proceedings and on the merits, favouring the civil route whenever it is available. See our analysis on how to remove a fake Google review.
Summary proceedings and urgent measures.
Where urgency requires it, summary proceedings allow rapid cessation of a manifestly unlawful disturbance or an interim payment, under Article 835 of the Code of Civil Procedure before the President of the Judicial Court or Article 873 of the same code before the President of the Economic Activities Court, without waiting for judgment on the merits.
In cases of extreme urgency, expedited short-notice proceedings allow a hearing within days (Article 485 of the same code).
Amicable resolution and enforcement of decisions.
Not every dispute is meant to end at a hearing. Negotiation, mediation and settlement agreements often allow a faster and more controlled outcome, notably to organise the exit from an agency or artist contract, the return of a catalogue or the sharing of a programme's revenue. Once the decision is handed down, we ensure it is effectively enforced.
Economic Activities Court, civil court or mediation: which route for your business dispute.
Jurisdiction
- Economic Activities Court
- Disputes between traders, commercial acts, commercial companies.
- Civil court
- Civil disputes, mixed contracts, civil tort liability, leases and personal data (IP disputes fall under specialised civil courts, including the Paris Civil Court with exclusive jurisdiction over patents and EU titles).
- Conventional mediation
- Any dispute where the parties accept an amicable resolution.
Indicative cost (first instance)
- Economic Activities Court
- Moderate court fees, variable legal fees.
- Civil court
- Legal fees + procedural costs, possible judicial expertise.
- Conventional mediation
- Mediator's fees (often shared) + legal counsel.
Confidentiality
- Economic Activities Court
- Public hearings, published decisions.
- Civil court
- Public hearings, published decisions.
- Conventional mediation
- Strictly confidential (Art. 21-3, Law of 8 Feb. 1995).
Enforceability
- Economic Activities Court
- Enforceable judgment, standard enforcement measures.
- Civil court
- Enforceable judgment, standard enforcement measures.
- Conventional mediation
- Agreement requires court endorsement to be enforceable.
| Criterion | Economic Activities Court | Civil court | Conventional mediation |
|---|---|---|---|
| Jurisdiction | Disputes between traders, commercial acts, commercial companies. | Civil disputes, mixed contracts, civil tort liability, leases and personal data (IP disputes fall under specialised civil courts, including the Paris Civil Court with exclusive jurisdiction over patents and EU titles). | Any dispute where the parties accept an amicable resolution. |
| Indicative cost (first instance) | Moderate court fees, variable legal fees. | Legal fees + procedural costs, possible judicial expertise. | Mediator's fees (often shared) + legal counsel. |
| Confidentiality | Public hearings, published decisions. | Public hearings, published decisions. | Strictly confidential (Art. 21-3, Law of 8 Feb. 1995). |
| Enforceability | Enforceable judgment, standard enforcement measures. | Enforceable judgment, standard enforcement measures. | Agreement requires court endorsement to be enforceable. |
Commercial litigation lawyer: disputes between companies.
Commercial litigation covers disputes arising between traders, between companies or in connection with a commercial act. Since 1 January 2025, in Paris they fall within the Economic Activities Court, which succeeded the Commercial Court under the pilot scheme provided for by Act no. 2023-1059 of 20 November 2023. These are the most frequent cases we handle for the influencer marketing and communications agencies, labels and distributors, production companies and technology companies we defend.
Unpaid invoices and debt recovery.
An influencer campaign delivered and unpaid, a production service invoiced and unpaid, royalties or commissions withheld, an instalment plan not honoured.
The formal notice (Article 1344 of the Civil Code) starts default interest running, an injunction to pay or a référé-provision secures a title quickly where the claim is not seriously contestable (Article 835 of the Code of Civil Procedure before the Judicial Court, Article 873 before the Economic Activities Court), protective seizure safeguards recovery where it is at risk (Article L.511-1 of the Code of Civil Enforcement Procedures), and enforcement measures secure effective payment.
Between professionals, the flat-rate recovery indemnity of 40 euros and late payment penalties are due as of right, without reminder (Article L.441-10 of the Commercial Code).
Abrupt termination of an established commercial relationship.
Ending an ongoing commercial relationship without sufficient written notice, even partially, engages the liability of the party responsible (Article L.442-1, II, of the Commercial Code). The provision now also covers a substantial reduction in order volumes liable to upset the balance of the relationship.
A brand that suddenly stops entrusting its campaigns to an agency, a distributor that interrupts a multi-year collaboration with a label, a platform that ends a commercial partnership without notice, are all situations where this provision applies.
Loss is calculated on the margin lost during the notice period that should have been given, and liability cannot be engaged for insufficient duration once an 18-month notice period has been observed. This litigation falls within specialised courts and often combines with unfair competition or disparagement.
Termination without notice remains possible where the other party fails to perform its obligations, which makes documenting those failures essential before any termination.
Disputes with platforms, distributors and marketplaces.
Suspension or restriction of a professional account, demonetisation of a channel, removal of content following an abusive notice, delisting of a shop, termination of a digital distribution contract, withholding of streaming revenue.
Where the opposing party is a platform, we rely on Regulation (EU) 2019/1150, known as Platform to Business, breach of which engages the liability of the intermediation service (Article L.442-1, III, of the Commercial Code), on the internal complaint and out-of-court dispute settlement procedures provided for by Regulation (EU) 2022/2065 on digital services, then, if necessary, on summary or expedited merits proceedings before the President of the Judicial Court (Article 6-3 of Act no. 2004-575 of 21 June 2004). Knowingly reporting content as unlawful when it is not is a criminal offence (Article 6, VII, of the same Act).
Contract litigation lawyer: enforcing the contract.
Contract litigation arises from a failure to perform an undertaking. Agency or creator representation contracts, influencer services contracts, artist contracts, production or distribution contracts, co-production contracts, development or SaaS subscription contracts.
Since the reform of the law of obligations, the creditor has a range of remedies to be chosen methodically: withholding performance, specific performance, price reduction, termination, damages (Article 1217 of the Civil Code). The choice is made calmly, before sending any formal notice, because it shapes the rest of the case.
Non-performance, termination and contractual liability.
Termination may result from a termination clause, from unilateral notification at the creditor's risk after formal notice (Article 1226 of the Civil Code) or from a court decision. In an artist or influencer contract, judicial termination is often the only safe route out of an exclusivity, since unilateral termination exposes the party giving notice to having to prove the seriousness of the breach.
Compensation covers the loss foreseeable at the date of conclusion, absent gross or fraudulent fault (Article 1231-3 of the same code). We secure the chronology of formal notices and notifications, which is often decisive at the hearing.
Penalty clauses, exclusivity, limitation of liability and jurisdiction clauses.
The penalty clause, common in agency and influencer contracts, may be reduced or increased by the court where its amount is manifestly excessive or derisory (Article 1231-5 of the Civil Code). The limitation of liability clause, common in SaaS contracts, is deemed unwritten where it deprives the debtor's essential obligation of its substance (Article 1170 of the same code). Exclusivity and non-compete clauses imposed on a creator or an artist are assessed by reference to their duration, scope and consideration.
As for the jurisdiction or arbitration clause, it determines the competent court and must be checked before any writ is issued, as must the formal requirements specific to commercial influence contracts, where the absence of a written contract or of mandatory particulars renders it void (Article 8 of Act no. 2023-451 of 9 June 2023).
Digital contracts, SaaS and technology services.
Service levels not met, scope creep, refusal of acceptance, data reversibility at the end of the contract, software licence, bespoke development or artificial intelligence disputes, outages or data loss.
These cases require technical evidence to be put before the court, where needed through an official report, private expert analysis or court-appointed expert analysis (Articles 232 et seq. of the Code of Civil Procedure). This is at the heart of our digital law practice.
Civil or commercial litigation: which court for your dispute ?
Identifying the competent court is the first question in a case, and an error on this point costs months. The Economic Activities Court hears disputes between traders and between commercial companies, which covers most disagreements between agencies, brands, labels, distributors, producers and software publishers.
The Judicial Court hears civil disputes, infringements of personality rights, image rights and defamation, actions relating to literary and artistic property and to trademarks, which fall within its exclusive jurisdiction, and disputes involving a non-trader, which is the case of an artist or content creator operating as an individual.
Where the dispute is mixed, opposing a trader and a non-trader, the non-trader claimant may choose between these 2 courts. The liability invoked is also structuring.
It is contractual where a contract binds the parties, tortious where the damage results from a wrongful act independent of any contract, such as disparagement, unfair competition or free-riding (Article 1240 of the Civil Code), while defamatory statements fall exclusively under the Act of 29 July 1881. We settle these questions from the first exchange, before taking any step, and we check at the same time the applicable limitation period, generally 5 years (Article 2224 of the Civil Code and Article L.110-4 of the Commercial Code), reduced to 3 months in press matters.
Litigation lawyer in Paris: appearing before every court.
Based in Paris, INFLUXIO defends its clients before all the Paris courts. The Paris Judicial Court, whose specialised intellectual property chambers and press chamber hear most disputes involving creators, artists and producers, the Paris Economic Activities Court, which succeeded the Commercial Court on 1 January 2025 under Act no. 2023-1059 of 20 November 2023, and the Paris Court of Appeal.
Whether you are looking for a litigation lawyer in Paris for a dispute with an agency, a label, a producer, a brand or a platform, a lawyer for an unpaid invoice, a contract breach or an infringement case, or a trial lawyer for urgent summary proceedings or an action on the merits, our submissions and pleadings are calibrated for the practice of each court.
Our firm also practises in Brussels, which allows us to coordinate French and Belgian proceedings in cross-border disputes, frequent where the opposing party is a platform, a distributor or a partner established in another Member State, and where jurisdiction, applicable law and enforcement of decisions must be anticipated from the outset.
Summary proceedings or action on the merits: choosing the right procedure.
The choice of procedural route is one of the most structuring decisions in business litigation. Summary proceedings and actions on the merits do not pursue the same aims, follow the same timescales or produce the same effects. We make this choice according to urgency, the degree to which the right is contested and the outcome sought.
Removing a disparaging video or restoring a suspended account calls for summary proceedings; ruling on the termination of an artist contract or the liability of a co-producer calls for the merits.
Summary proceedings: deciding quickly, on a provisional basis.
Summary proceedings are the tool of urgency. The judge may order, even where there is a serious dispute, the protective or restorative measures required to prevent imminent damage or to stop a manifestly unlawful disturbance, and may grant an interim payment where the obligation is not seriously contestable.
- Legal basis: Articles 834 and 835 of the Code of Civil Procedure before the President of the Judicial Court, Article 873 of the same code before the President of the Economic Activities Court.
- Time to hearing: generally from a few days to a few weeks depending on the court and the urgency invoked. Expedited short-notice proceedings allow a writ to be issued for an early date, including on public holidays, where the case requires speed (Article 485 CPC).
- Scope: decision enforceable as of right on a provisional basis (Article 514 CPC), without res judicata on the substance (Article 488 CPC).
- Appeal: within 15 days (Article 490 CPC).
- Typical uses in our sectors: removal of unlawful content or a fake review, cessation of unfair competition or disparagement, interim payment on campaign invoices or royalties that are not seriously contestable, protective measure over a catalogue or masters, restoration of access or of an account, disclosure of royalty statements.
Action on the merits: settling the right definitively.
An action on the merits seeks a final decision on the right in dispute, carrying res judicata. It is required where the dispute is serious or where the measure sought exceeds the powers of the summary proceedings judge, as is the case for terminating a contract, awarding final damages or establishing infringement.
- Legal basis: ordinary rules of civil or commercial jurisdiction according to the nature of the dispute, exclusive jurisdiction of the Judicial Court for literary and artistic property (Article L.331-1 of the Intellectual Property Code) and for trademarks (Article L.716-5 of the same code).
- Timescale: at first instance, generally in the order of 12 to 24 months before the Judicial Court, faster before the Economic Activities Court, longer where a court-appointed expert is involved (Articles 232 et seq. CPC).
- Scope: decision carrying res judicata (Article 1355 of the Civil Code), enforceable as of right on a provisional basis at first instance (Article 514 CPC).
- Appeal: within 1 month in contentious matters (Article 538 CPC), then appeal to the Court of Cassation within 2 months (Article 612 CPC).
- Limitation periods to anticipate: 5 years for ordinary personal or movable property actions, from the day the right holder knew or should have known the facts (Article 2224 of the Civil Code), 3 full months from publication for defamation and insult (Article 65 of the Act of 29 July 1881), and sometimes shorter contractual periods in certain production or distribution contracts.
The 4 pillars of business litigation.
From analysis to enforcement, every business litigation file at INFLUXIO follows a proven method built on 4 inseparable pillars, applied to disputes involving creators, agencies, labels, producers and technology companies.
01. Strategy.
Review of the file and the contracts, assessment of whether to act, choice of court and procedural route, cost-benefit calculation before any commitment.
02. Evidence.
Judicial officer report on online content and accounts, preservation of posts and royalty statements, technical expert analysis, pre-trial investigative measure and infringement seizure.
03. Procedure.
Summary proceedings, ex parte application, action on the merits, written submissions, oral argument and appeals, including cassation.
04. Enforcement.
Penalty payments, enforcement measures, follow-up of removal orders with platforms and effective recovery of what has been awarded.
New challenges in business litigation.
Digital evidence has become central. To be admissible, a capture of a page, a story, a video or an online review must be the subject of an official report meeting precise technical requirements, failing which its probative value may be set aside.
Identifying anonymous authors of unlawful content relies on an application or summary proceedings under Article 145 of the Code of Civil Procedure, supplemented by the obligation on access and hosting providers to hold and retain the data needed to identify authors of content (Article 6, V, of Act no. 2004-575 of 21 June 2004). The platform framework has changed.
Regulation (EU) 2022/2065 on digital services requires platforms to operate notice, statement-of-reasons and internal complaint procedures for removal or suspension decisions, which we use before or alongside court action for creators and companies whose account or content has been removed. Regulation (EU) 2019/1150 protects business users of marketplaces and intermediation services.
Act no. 2023-451 of 9 June 2023 regulates commercial influence and requires a written contract on pain of nullity, giving disputes between creators, agents and brands a new statutory footing. Economic justice has also been reformed.
Since 1 January 2025, on a pilot basis for 4 years, the Paris Commercial Court has become the Economic Activities Court and concentrates amicable and insolvency proceedings, whatever the status of the debtor (Article 26 of Act no. 2023-1059 of 20 November 2023). Finally, artificial intelligence is entering cases both as a subject of dispute, through unauthorised use of voices, images or content for training or generation, and as a preparation tool, without ever dispensing with the lawyer's control and responsibility.
At INFLUXIO, every business litigation file begins with an audit of whether to act and of the evidence available. We assess your prospects, cost the risk and build a bespoke strategy. Our presence in Paris and Brussels allows us to act before the French courts and in cross-border disputes alike.
Why entrust your litigation to INFLUXIO.
Choosing a business litigation firm means weighing speed, depth of analysis and enforcement capability. 3 markers set INFLUXIO's approach apart.
Hands-on practice in influence, music, audiovisual and technology, in Paris and Brussels.
We draft daily the agency, influencer, artist, production and distribution contracts that we later litigate, which allows us to read a dispute through the eyes of the person who built it. We know the platforms, their internal procedures and their contacts, as well as the collecting societies and the practices of each sector.
Our dual presence allows us to plead before the Paris courts and to support Belgian and cross-border proceedings, anticipating from the outset questions of jurisdiction, applicable law and enforcement of decisions within the European Union (Regulation (EU) no. 1215/2012, known as Brussels I bis).
A method built on 4 pillars: strategy, evidence, procedure, enforcement.
Every file is handled with the same discipline. Opportunity audit, securing of evidence, reasoned choice of procedural route, then effective enforcement. No action is started without a costed risk-benefit analysis, and the amicable route is proposed whenever it serves your interests better than a trial.
A reply within 24 hours and a transparent fee agreement.
Every enquiry receives an initial analysis within 24 working hours. Financial terms, fixed fee, hourly fee, additional success fee, are set out in writing in a fee agreement signed before any work begins, in accordance with Article 10 of Act no. 71-1130 of 31 December 1971, which prohibits any fee based solely on the outcome and permits an additional success fee.
Useful glossary of business litigation terms.
- Formal notice
- formal demand addressed to the debtor to perform (Article 1344 of the Civil Code), starting point for default interest on monetary obligations (Article 1231-6 of the same code) and a frequent precondition to any court action, including claims for royalties, campaign invoices or the return of a catalogue.
- Summary proceedings (référé)
- urgent procedure allowing a provisional measure to be obtained quickly, cessation of a manifestly unlawful disturbance, interim payment, protective measure, before judgment on the merits, under Articles 834 and 835 of the Code of Civil Procedure before the Judicial Court and Article 873 before the Economic Activities Court.
- Expedited short-notice proceedings
- summary proceedings authorised by the judge where the case requires speed, with a writ returnable at an early date and time, including on public holidays (Article 485 of the Code of Civil Procedure), used for the urgent removal of content or the restoration of an account.
- Action on the merits
- ordinary procedure before the competent court seeking a final decision on the right in dispute, as opposed to summary proceedings which decide only provisionally.
- Pre-trial investigative measure (in futurum)
- measure ordered by the judge under Article 145 of the Code of Civil Procedure, before any trial, to preserve or establish evidence of facts on which the outcome of a dispute may depend, notably to identify the author of anonymous content or obtain royalty statements held by a third party.
- Infringement seizure
- evidential measure specific to intellectual property, authorised by ex parte order of the Judicial Court, allowing the acts alleged to constitute infringement to be physically recorded (Article L.332-1 of the Intellectual Property Code for copyright and neighbouring rights, L.521-4 for designs, L.615-5 for patents and L.716-4-7 for trademarks).
- Royalty accounting
- obligation on the exploiter of a work or a recording, publisher, producer or distributor, to account for exploitation and sums due to the author or artist, in accordance with the contract and, for publishing, at least once a year (Article L.132-13 of the Intellectual Property Code); failure to do so supports a claim for disclosure under penalty payment and, where appropriate, termination of the contract.
- Commercial influence contract
- contract between a creator carrying on commercial influence activity, as defined by Article 1 of Act no. 2023-451 of 9 June 2023, and an influencer agent or a brand, which must be in writing and contain specified particulars, on pain of nullity (Article 8 of the same Act).
- Image rights
- the right of any person to object to the capture, storage and use of their image without authorisation, attached to respect for private life (Article 9 of the Civil Code), breach of which may be sanctioned in summary proceedings; authorisation to exploit an image must be express, specific and limited in purpose, duration and media.
- Defamation and disparagement
- defamation is the allegation or imputation of a fact harming the honour or reputation of a person (Article 29 of the Act of 29 July 1881), subject to the formalities and 3-month limitation period of that Act; disparagement targets the products or services of a business and falls under ordinary civil liability (Article 1240 of the Civil Code), with a 5-year limitation period.
- Notice and complaint to a platform
- procedures provided for by Regulation (EU) 2022/2065 on digital services allowing unlawful content to be notified, a reasoned decision from the platform to be obtained and a suspension or removal to be challenged through an internal complaint and then out-of-court settlement, without prejudice to court action.
- Court-appointed expert analysis
- investigative measure by which the judge instructs an independent technician to advise on a question of fact beyond the judge's own knowledge (Articles 232 et seq. of the Code of Civil Procedure), frequent in IT and SaaS disputes.
- Penalty payment (astreinte)
- ancillary order to pay a sum per day of delay or per breach recorded, designed to compel a party to perform quickly the measure ordered by the judge (Articles L.131-1 et seq. of the Code of Civil Enforcement Procedures), notably the removal of content or the disclosure of royalty statements.
- Enforcement measures
- the set of procedures, attachment of receivables, seizure and sale of assets, protective seizure, allowing forced enforcement of a court decision or an enforceable title.
- Article 700 CPC
- provision allowing the court to order the losing party to reimburse part of the irrecoverable costs, notably lawyers' fees, incurred by the winning party.
- Enforceable title
- instrument allowing recourse to forced enforcement, judgment, order, notarial deed, settlement or mediation agreement countersigned by lawyers and bearing the enforcement formula, listed in Article L.111-3 of the Code of Civil Enforcement Procedures.
- Settlement agreement
- written contract by which the parties end an existing dispute or prevent a future one through mutual concessions (Article 2044 of the Civil Code), the usual tool for organising the exit from an agency, artist or co-production contract.
- Economic Activities Court (TAE)
- court created by Act no. 2023-1059 of 20 November 2023, piloted at the Paris Commercial Court since 1 January 2025 for 4 years, with jurisdiction over disputes between traders and commercial companies and concentrating amicable and insolvency proceedings whatever the status of the debtor.
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FAQ
Frequently asked questions.
As soon as the dispute is identified and before any irreversible step, for example before terminating an agency or artist contract, suspending a service, publicly responding to disparagement or letting a deadline pass.
Early advice allows evidence to be secured, notably through official reports on online content, the right procedural route to be chosen and the jurisdiction or limitation errors that cost months to be avoided. The 3-month period applicable to defamation makes this responsiveness decisive in press matters.
They assess whether to act, build the evidence, choose the appropriate procedure, summary proceedings, ex parte application or action on the merits, draft the submissions, plead before the Economic Activities Court, the Judicial Court or the Court of Appeal, then enforce the decision.
At INFLUXIO, this role is exercised for creators, agencies, artists, labels, producers, software publishers and executives, as claimant and as defendant.
Summary proceedings are a fast procedure allowing the President of the Judicial Court (Articles 834 and 835 of the Code of Civil Procedure) or the President of the Economic Activities Court (Article 873 of the same code) to order a provisional measure: cessation of a manifestly unlawful disturbance, prevention of imminent damage, an interim payment or a protective measure.
The order is enforceable as of right on a provisional basis but does not definitively settle the right. In cases of extreme urgency, an expedited short-notice writ allows a hearing within days.
Fees are set out in a written agreement signed before any work begins (Article 10 of Act no. 71-1130 of 31 December 1971), as a fixed fee per stage, an hourly fee or a combination of the 2, with an additional success fee where appropriate.
The cost depends on the procedure chosen, summary proceedings for content removal being significantly less expensive than an action on the merits with expert analysis. We cost the risk-benefit ratio before any commitment and send a quote within 24 hours.
The contracts and their amendments, written exchanges with the opposing party, including private messages on social networks, invoices and payment records, royalty or campaign statements, captures of the disputed content with their addresses and dates, audience statistics and, for a company, the commercial register extract and articles of association.
Keep the content in its original form and the account used to access it, without deleting it or replying to it, so that an official report can be drawn up.
No. A precise formal notice, a negotiation conducted at the right moment, mediation or a settlement agreement (Article 2044 of the Civil Code) often allow a faster and more controlled outcome, for example to organise the exit from an agency or artist contract, the return of a catalogue or the sharing of a programme's revenue.
A trial remains necessary where the opposing party refuses any discussion, where urgency requires summary proceedings or where only a court decision can settle the right.
The usual sequence comprises a judicial officer report, a notice to the platform under the procedures of Regulation (EU) 2022/2065 on digital services, a formal notice to the author where identified, then summary proceedings before the President of the Judicial Court or of the Economic Activities Court to obtain removal under penalty payment.
Where the author is anonymous, an application under Article 145 of the Code of Civil Procedure allows identification data to be obtained from the platform or the host. We favour the civil route, which is faster and easier to control than criminal proceedings.
Summary proceedings conclude within a few days to a few weeks, an action on the merits at first instance in roughly 12 to 24 months before the Judicial Court, faster before the Economic Activities Court, longer where a court-appointed expert is involved. An appeal generally adds 12 to 24 months.
Since first-instance decisions are enforceable as of right on a provisional basis, a favourable decision can be enforced without waiting for the outcome of the appeal, unless the court decides otherwise.
In part. The court may order the losing party to pay a sum for irrecoverable costs, including lawyers' fees, under Article 700 of the Code of Civil Procedure, taking account of fairness and the economic situation of the party ordered to pay. This sum rarely covers all the fees incurred, which is factored into the risk-benefit analysis carried out before acting.
Yes. SaaS and IT service disputes, refusal of acceptance, data reversibility, disputes relating to artificial intelligence and personal data, conflicts between shareholders and founders, post-funding disputes, cybersecurity, crypto-assets and Web3. We put technical evidence before the court, where needed through an official report, private or court-appointed expert analysis, and we seek protective measures suited to the pace of the sector, serving the startups we advise.
Yes, this is one of the core areas of our practice. We act for creators and for agencies in disputes over agency and exclusivity contracts, unpaid remuneration, challenged campaigns, account suspensions, Content ID claims, online reputation attacks and DGCCRF inspections.
Since commercial influence contracts must be in writing on pain of nullity (Article 8 of Act no. 2023-451 of 9 June 2023), the first step is to examine the validity and scope of the contract relied on.
Yes. Royalty claims and accounting obligations, termination of artist, production, publishing or distribution contracts, restitution of masters, disputes between co-producers or with a manager, disputes with collecting societies, sample or composition infringement.
These disputes fall in principle within the Judicial Court, which has exclusive jurisdiction over literary and artistic property (Article L.331-1 of the Intellectual Property Code), or arbitration where the contract so provides. See our music law practice.
Keep the notifications received, use the internal complaint procedure provided for by Regulation (EU) 2022/2065 on digital services, which requires the platform to give reasons for its decision, then, if the account is not restored, apply to the summary proceedings judge to stop a manifestly unlawful disturbance or obtain protective measures, and engage the platform's liability where the suspension breaches Regulation (EU) 2019/1150 for professional accounts.
We regularly file these claims with the main platforms established in Ireland.
Through a formal notice to disclose the royalty statements and pay the sums due, then, failing that, through an action for forced disclosure of accounts under penalty payment and for payment, together where appropriate with a claim to terminate the contract at the exploiter's fault and to have the rights returned.
An interim payment can be obtained in summary proceedings where the claim is not seriously contestable. A prior audit of the contract and of the statements already received determines the strategy.
It depends on the contract, its validity and the other party's breaches. Unilateral termination is only possible at one's own risk, after formal notice, and requires proof of the seriousness of the breach (Article 1226 of the Civil Code); judicial termination offers greater security.
The nullity of an unwritten or incomplete commercial influence contract, the duration and consideration of an exclusivity, or a label's failure to account for royalties are frequently relied on. We examine these points before any notification, because a badly handled termination exposes the party to a penalty clause or to damages.
Have the publications formally recorded, characterise the statements, disparagement of products or services falling under Article 1240 of the Civil Code and defamation under the Act of 29 July 1881 with its 3-month period, notify the content to the platform, serve formal notice on the author and, failing removal, apply to the summary proceedings judge.
We seek removal under penalty payment, identification of anonymous authors and compensation for the loss suffered, favouring the civil route. See our analysis on removing a fake Google review.
Commercial litigation opposes traders or commercial companies, or concerns a commercial act, and in Paris falls within the Economic Activities Court.
Civil litigation concerns disputes involving a non-trader, notably an artist or creator acting as an individual, infringements of personality rights, image rights, defamation and, by exclusive jurisdiction, literary and artistic property and trademarks, and falls within the Judicial Court. A non-trader suing a trader may choose between these 2 courts.
In principle the Economic Activities Court of the place where the defendant is established, or that of the place of delivery or performance in contractual matters, subject to a valid jurisdiction or arbitration clause between professionals.
Literary and artistic property and trademark disputes, including between companies, fall exclusively within the specialised Judicial Court, and disputes with a platform established in another Member State require international jurisdiction to be checked under Regulation (EU) no. 1215/2012.
Serve a formal notice, which starts default interest running (Article 1344 of the Civil Code) and, between professionals, the flat-rate recovery indemnity and late payment penalties, then choose the appropriate route: an injunction to pay for a documented claim, a référé-provision where the claim is not seriously contestable, protective seizure where recovery is at risk, or an action on the merits where the claim is seriously disputed.
The title obtained is then enforced by a judicial officer.
Yes. The firm is admitted to the Paris and Brussels bars. We plead before the Paris courts and support Belgian proceedings, which allows us to anticipate jurisdiction, applicable law and enforcement of decisions within the European Union, questions that arise frequently where the opposing party is a platform, a distributor or a partner established in another Member State.
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In short
INFLUXIO is a law firm specialized in business litigation lawyers in paris, based in Paris and Brussels. Influencer and agency disputes, label and artist claims, audiovisual production, startups and SaaS publishers, online reputation and infringement. Summary proceedings, merits, enforcement. Reply within 24h. More than 800 clients have already trusted INFLUXIO.
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Admitted to the Paris Bar and co-founding partner of INFLUXIO, Maître Raphaël MOLINA specialises in intellectual property, digital law and online reputation litigation. Each year he handles several hundred proceedings for content removal, delisting, fake reviews and hacked-account recovery, before civil and criminal courts. He contributed to drafting the French influencer law of June 9, 2023 and regularly speaks in the media and in professional training on digital legal issues.
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