Dominique Mondoloni

Partner

Paris
Willkie Farr & Gallagher LLP
21-23 rue de la Ville l'Evêque
75008 Paris
T +33 1 53 43 4568
F +33 1 40 06 9606
dmondoloniwillkie.com

Dominique Mondoloni is a partner in the Litigation Department. He handles general commercial litigation and arbitration, including merger and acquisition-related disputes, and white-collar criminal investigations. Dominique's practice includes conducting complex, worldwide internal corporate investigations, as well as counseling companies on the design and implementation of corporate compliance programs. Dominique regularly counsels companies regarding the Organization for Economic Co-operation and Development's Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and Foreign Corrupt Practices Act compliance.

Litigation
Dominique has nearly 20 years experience as a trial lawyer, representing French and foreign clients before the Courts of France in a variety of civil and commercial disputes. Dominique has significant experience handling merger and acquisition related disputes and regularly acts for private equity firms in relation to price adjustment proceedings and claims for enforcement of contractual representations and warranties.

Arbitration
Dominique regularly acts as Counsel to French and foreign companies in ad hoc and institutional arbitration proceedings and regularly advises clients in proceedings before national courts to enforce or set aside arbitration awards.

Dominique is regularly appointed as arbitrator in ad hoc and institutional arbitrations.

White Collar Criminal Investigations and Defense
Dominique acts as Counsel to plaintiffs in white collar criminal investigations conducted in France and as defense counsel to companies and their directors and employees in connecting with white collar criminal investigations.

Dominique has handled a large number of investigations for US and French companies in connection with allegations of foreign corrupt practices.

Dominique regularly assists clients in responding to request by foreign governments and compliance and enforcement of mutual legal assistance treaties.

Dominique is also a reputed media lawyer and has authored the Chapter on France in the International Libel and Privacy Handbook published by Bloomberg Press.

Chambers Europe (2015) and Chambers Global (2015) rank Dominique among the leading individuals practicing in the area of Dispute Resolution: Litigation in France.

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Highlights

Dominique Mondoloni is a partner in the Litigation Department. He handles general commercial litigation and arbitration, including merger and acquisition-related disputes, and white-collar criminal investigations. Dominique's practice includes conducting complex, worldwide internal corporate investigations, as well as counseling companies on the design and implementation of corporate compliance programs. Dominique regularly counsels companies regarding the Organization for Economic Co-operation and Development's Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and Foreign Corrupt Practices Act compliance.

Selected Significant Matters

Litigation

  • Successfully advised a French listed media group in a 1 billion euro dispute in the Commercial Court over its 20% in a French pay-for-view television company.
  • Advised the French International Development Agency and successfully argued before the French Courts that funds provided to Foreign States under bilateral international aid agreements are subject to sovereign immunity.
  • Represented a US based chemical company in a dispute before the Commercial Court with a French chemical company over the enforcement of a supply agreement concerning essential raw materials.
  • Currently represents a French private equity firm in a dispute before the Commercial Court and Court of Appeals concerning the purchase of a publishing company from a French listed media group, the validity of which was challenged by a third party alleging violations of EU Merger Control Regulations.
  • Continues to assist the trustee of a UK Pension Plan in an unprecedented 2 billion euro dispute before the Commercial Court concerning the enforcement, against the French sister company of a UK debtor in bankruptcy, of the decision of the UK Regulator to impose a financial contribution on the French sister company pursuant to the UK Pension Act.

Arbitration

  • Obtained victory for Founding Family of a leading French chain of retail stores in an arbitration that enforced the Family’s right to sell its €500 million minority stake pursuant to option agreements entered into with the majority shareholder.
  • Represented with success a US based real estate company in an arbitration against a French real estate company in connection with the purchase a 350 Million euro worth portfolio of assets detained across France.
  • Successfully represented a French telecommunications company in an ICC arbitration with a Moroccan telecommunications company over a claim for breach of contract.
  • Currently represents a French private equity firm in a arbitration against the purchaser of a recycling business in the context of claims made under the representations and warranties section of the sale and purchase agreement.
  • Currently represents a Danish company as respondent in a arbitration relating to claims made under the representations and warranties section of the sale and purchase agreement.
  • Acted as arbitrator in a arbitration between two French real estate development companies in connection with the enforcement of a buy or sell clause contained in a joint-venture agreement.
  • Currently acts as arbitrator in a dispute between the former CEO of a French National Soccer League Team and its shareholders in connection with the enforcement of the former CEO’s termination rights.

White Collar Criminal Investigations and Defense

  • Assisting a French telecommunications company, in a joint SEC and Department of Justice investigation concerning allegations of corruption. Dominique assisted the client in conducting its internal investigation and coordinated discussions between the French authorities and the US SEC and DOJ. He also represents and assists the client as defense counsel in the investigation being conducted in France concerning the same allegations of corruption.
  • Assists a number of US companies in connection with internal investigations conducted into the activities of their French and francophone African subsidiaries in relation to allegations of corrupt practices.
  • Assisting a transportation company in a criminal investigation being conducted after an accident that caused the death of 7 persons.
  • Acting as Counsel for plaintiff in a criminal claim against the former CEO of a French company for misappropriation of corporate funds.
  • Currently representing a French listed company as Counsel for the plaintiff in a criminal claim against the former CEO of the company for breach of his fiduciary duties.

Selected Professional and Business Activities

Dominique is admitted to the Paris Bar as Avocat and is a former member of the Paris Bar Council.