Ludmilla Balandine joined the dispute resolution practice at the Paris office of Hughes Hubbard & Reed in March 2009 after practicing in an international top-tier law firm for several years.
She focuses on complex and cross-border business litigation and has developed a particular expertise in banking and finance law, company law, and contracts.
She represents credit institutions and investment service providers in legal proceedings where their civil (sometimes in the context of class actions) or criminal liability is sought before the courts as well as before regulatory authorities. She also acts in litigation involving the liability of companies and their officers or shareholders.
Finally, Ludmilla regularly works on white collar crime matters in particular alongside the Firm’s anti-corruption and internal investigations department.
Professional Activities
Member of Association Française en Faveur de L’Institution Consulaire
Member of Association Droit & Procédure
Member of the Legal Task Force of the Women’s Foundation
Highlighted Publications
AMF – Contrôle de la documentation commerciale de certains produits financiers à destination des particuliers, (“The French Securities and Exchange Commission – Auditing commercial documentation concerning certain financial products for private individuals ”), Oct. 2018
Opposabilité du secret professionnel aux agents de l’AFA dans le cadre de leurs contrôles - La méthode Coué de l’AFA : Percée stratégique ou Stratégie percée ? ( “Enforcing professional secrecy against French Anti-Corruption Agents during their audits - The French Anti-Corruption Agency and its methods of self-persuasion: a strategic breakthrough or breakthrough strategy? ” ), article published in the special edition “Les contrôles de l’Agence Française Anticorruption : Lumière sur ses premiers contrôles et réflexions sur sa mission préventive” (« Audits by the French Anti-Corruption Agency: Focus on its first audits and reflections on its preventive mission”) of the Revue Internationale de la Compliance et de l’Ethique des Affaires, Sept. 2018, (article co-authored with Marie-Agnès Nicolas)
Revirement – Conséquences de la résolution de la vente sur le crédit-bail l’ayant financée – Cass. Mixte, 13 avril 2018, n° 16.21-345 et 16-21.947) (“Reversal of precedent - Consequences of the cancellation of the sale on the leasing that financed it – Cass. Mixte, 13 avril 2018, n° 16.21-345 et 16-21.947”), May 2018
Pas d’obligation de mise en garde du banquier prêteur de deniers en cas de recours à un intermédiaire en opérations de banque, (“No obligation to warn the lending bank when using a banking intermediary”), Feb. 2018
Secret bancaire et communication de pièces – A propos de Com. 29 novembre 2017 (n° 16-220.60) (“Banking secrecy and communication of exhibits – the ruling Com. November 29, 2017 (no. 16-220.60) ”), Dec. 2017
Produits structurés et égibilité à l’assurance-vie : une victoire pour les assureurs (“Structured products and life insurance eligibility: a victory for insurers“), Nov. 2017
Litigation
Highlighted Matters
Assisted a sports surface manufacturer in disputes involving the quality of its products
Assisted ship classification societies in connection with an action for compensation brought by the French State and the IOPC Fund following the sinking of the tanker Le Prestige off the French and Spanish coasts
Assisted a manufacturer of high-end clothing in several disputes with its foreign distributors before the commercial courts
Assistance provided to one of the main French banks in an action based on the conditions under which financing of commodity trading operations had been organized
Assisted a management company in connection with an action for payment of commissions brought by a former trading partner claiming the status of commercial agents
Assisted a European bank and European institution before the criminal courts following fraud and corruption during the financing of commercial transactions in Africa
Assistance provided to one of the managers of the French subsidiary of an international group in connection with a criminal investigation launched for misuse of corporate assets
Assistance provided to one of the main French banks in proceedings before the criminal courts on the basis of the allegedly misleading nature of financial product advertising
Assisted one of the leading French banks before the civil and criminal courts following embezzlement and misapproporiation by one of its employees (Ponzi Scheme fraud)
Assisted one of the leading French banks in an action to remove unfair terms from its conditions brought by UFC Que Choisir (the main French consumer association)
Assisted one of the leading French banks in proceedings brought by over 300 plaintiffs before the Paris courts on the basis of the institution’s alleged liability in the absence of the expected performance of a financial product (formula funds)
Assisted one of the leading French banks in connection with a discovery process in the United States
Assisted a French bank in the context of a liability action brought by over 150 individuals following investments in Solabios (photovoltaic products)
Assisted several French banks whose liability was sought for financing private individuals’ acquisition of off-plan real estate as part of a tax exemption program
Assisted a family bank in the context of a liability action for breach of the management agency entrusted to it
Assisted a Scottish banking group in a liability action for wrongful financial support brought by the directors of a company whose acquisition had been financed as part of an LBO
Assisted one of the leading French banks in proceedings before the AMF (French Securities and Exchange Regulator) for alleged breaches of regulatory obligations
Assisted a credit institution in connection with actions relating to a leveraged financial arrangement (life insurance contracts financed by interest-only loans)
Assisted one of the leading French banks in an action on the basis of the conditions for organizing the financing of oil trading
Arbitration
Highlighted Matters
Assisted one of the leading Finnish manufacturers and distributors of drinks in an arbitration conducted under ICC rules against a French wine distributor in a dispute relating to the termination of a distribution contract
Assisted an English insurer in arbitration proceedings against a French sub-contractor in a dispute relating to a defective system during construction of the Channel Tunnel