Karen Leclerc

Partner

Karen is a partner at Kalliopé. She manages the Restructuring and companies in distress team, and co-manages the Contract drafting and negotiation and Litigation – Arbitration – Mediation team. She is also a member of the Compliance – CSR team.

For the past 20 years, she has been assisting French and international clients, including public institutions, large groups, SMEs and start-ups, in both advisory and litigation work.

Karen advises and represents her clients in the management of their business law disputes, in French and OHADA law, with a predominance for accounting-related disputes (conflicts between partners, post-acquisition disputes, actions to cover liabilities, etc.).

She acts before civil and commercial courts in France and in French-speaking countries in Africa (OHADA).

She also acts as coordinator with external legal advisors abroad in the context of international cases that require it.

Karen has trained in inter-company mediation with the CMAP and effectively assists her clients in mediation, in particular, or any other alternative dispute resolution method.

She has also developed a strong expertise in restructuring and regularly assists her clients, debtors in difficulty, creditors, French or foreign shareholders, administrators or court-appointed representatives, in the context of ad hoc mandates, conciliation, safeguard, recovery or judicial liquidation procedures, as well as in the context of litigation that may arise.

As part of her work in the Contract drafting and negotiation team, Karen assists clients in matters of personal data protection, in order to ensure compliance and to draft contractual clauses adapted to the increasingly strict regulatory framework in this area.

Karen operates in all business sectors and has particular expertise in the industrial, IT and new technology and energy sectors.

Expertises

Litigation – Arbitration – Mediation

Contract drafting and negotiation

Restructuring and companies in distress

Compliance – CSR

Legal experience

Personal data protection

  • assistance with compliance
  • setting up and reviewing agreements with service providers and subcontractors
  • assistance with CNIL declarations

Business law litigation

  • shareholder disputes
  • post-acquisition disputes
  • distribution and international contracts
  • enforcement procedures

Alternative dispute resolution methods

  • drafting of mediation clauses
  • development of the negotiation strategy
  • choice of mediator or conciliator
  • assistance with negotiation meetings
  • drafting of the protocol
  • monitoring of implementation and enforcement

Restructuring and collective proceedings

  • ad hoc mandate procedures
  • conciliation, safeguard, receivership or judicial liquidation
  • appointment as controller
  • litigation of collective proceedings (recourse against judgments and orders, liability actions – nullity of suspicious period, extension of proceedings, abusive support etc. – professional or asset sanctions against the executive, recourse in connection with debt verification etc.)

Sector experience

  • Banking – insurance
  • Renewable energies

Membership bar

Paris

Languages

French, English

Professional background

  • Since 2016 Partner, Kalliopé, Paris
  • 2011-2016 Partner, Heenan Blaikie (now Heenan Paris) AARPI, Paris
  • 2003-2010 Lawyer, Norton Rose Fulbright, Paris
  • 2002-2003 Lawyer, Koerner Law Firm, New Orleans, Louisiana, USA
  • 2002 Lawyer, Bignon Lebray Delsol, Paris
  • 1999-2000 Management controller & internal auditor, France Telecom, CNET, Issy Les Moulineaux

Academic background

  • 2016 CMAP inter-company mediation training
  • 2002 CAPA
  • 2000 Institut d’Administration des Entreprises (IAE Paris Sorbonne),
  • MBA Master in Business Administration
  • 1999 Paris I Panthéon-Sorbonne University, DEA Business Law
  • 1999 University of Louvain-la-Neuve, Belgium, DES Economic law

Memberships

  • IFPPC member – French Institute of Collective Proceedings Practitioners
  • Member of Women in Restructuring
  • Member of the French Association of Data Protection Officers (AFCDP)

Commitment

Karen is a member of several associations working in the field of environmental protection and biodiversity, as well as in favour of cancer research, especially for children.

References

  • Assistance and representation of a company in the telecommunications sector in the context of a complex dispute brought against two former employees who had established a competing company, using unfair means (denigration of customers, copying of servers etc.).
  • Assistance and representation of an IT company in the context of termination of established commercial relationships relating to the development and exploitation of software.
  • Assistance and representation of a leading French group in the luxury sector in several insurance strategic disputes, in relation to a cyberattack claim.
  • Assistance and representation of a Belgian company in the agri-food sector, in its capacity as the so-called “de facto director” in the context of a liability action initiated by a judicial liquidator in connection with the negotiations initiated before the judicial liquidation of a French group, for the purchase of said group (acquisition having failed).
  • Assistance and representation of a leading mass retail group in a dispute related to the dismissal of managers.
  • Assistance and representation of a French industrial group in the aeronautics and industrial maintenance sectors in connection with the implementation of a liability guarantee clause with regard to provisions for “losses at completion” of a long-term contract concluded before the sale.
  • Assistance and representation of the subsidiary of a leading oil group in a dispute relating to its activity as a wind energy developer, opposing it to the subsidiary of another leading oil group, in the context of the execution and termination of a partnership contract.
  • Assistance and representation of a company in the telecommunications sector, in the context of a conflict between partners paralysing its activity (mediation).
  • Assistance and representation of a company in the banking sector in the context of a pre-litigation with the assignee and co-shareholder of two subsidiaries, in Benin and Togo, relating to the non-performance of the recapitalisation commitment entered into by the latter. This case is subject to French and OHADA law.
  • Assistance and representation of a Cameroonian public institution in connection with an action brought against French and Cameroonian financial institutions concerning failures in their account-keeping obligations.
  • Assistance and representation of a Togolese banking sector group in connection with actions to recover a debt of €35 million and the correlative implementation of securities, held by its Chadian subsidiary on a group of companies and individuals. This case has the particularity of being conducted under French law and OHADA law.
  • Assistance and representation of a French industrial group in the aeronautics and industrial maintenance sectors in the implementation of a warranty insurance policy taken out in the context of the acquisition of a leading industrial group, in relation to the level of losses known by the assignor compared to the losses announced to the assignee, in respect of a complex aeronautical engineering agreement.
  • Assistance of a peer in the context of a conflict between partners of a leading law firm.
  • Assistance to a shareholder, a company active in the financial brokerage sector, in its withdrawal from a de facto company.

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