Agir Contre La Corruption – Quels Moyens D’Action Pour Une Justice Plus Efficace?
Table Ronde n° 1
Antoine Kirry is of counsel based in the Paris office and a member of the firm’s Litigation Group. Mr. Kirry has substantial litigation and arbitration experience, with particular emphasis on M&A-related disputes. He has argued numerous cases in most courts in the Paris area and in many courts elsewhere in France. He has represented defendants in some of the most publicised insider trading cases brought before the French financial market regulator and the French criminal courts. He has also handled arbitrations under the auspices of the International Court of Arbitration of the International Chamber of Commerce, the Arbitration Institute of the Stockholm Chamber of Commerce and the Arbitration Court of the Russian Federation Chamber of Commerce and Industry, as well as ad hoc arbitrations in various European countries. In addition, Mr. Kirry has broad experience in advising French and international clients with respect to acquisitions and dispositions in France and has advised clients on several of the most significant transactions of the past few years, involving both publicly and privately held companies.
Mr. Kirry currently serves as the president of Association Droit & Procédure, one of the oldest associations in judicial circles in France. He is recommended for Litigation: Elite in France by Chambers Europe (2020) where sources highlight his “analytical capabilities and rhetorical talents.” He is also recommended by Chambers Global (2020). Previous editions of the guides have praised Mr. Kirry for his “complete understanding of the subject matter,” for being “decisive, with a great business sense,” and having a “business-orientated approach.” He has also been described as “fantastic, a strong communicator with a level head and creative mind.”
The Legal 500 EMEA (2022) recommends Mr. Kirry for Commercial Litigation and White Collar Crime. In previous editions of the guide, he is said to be "excellent" and sources have said that he provides “great value for the client.” In the 2020 edition, clients reported that “he is particularly rigorous and does not leave any detail to luck,” and he has “great experience and a good view of both sides of the Atlantic. His approach is truly international without missing the national context. He is a pleasure to work with in cross-border cases.” He has also been described as “fantastic” and someone who produces “top-notch work.” Who’s Who Legal France (2019) names Mr. Kirry as one of only 30 individuals recognized for their work in Commercial Litigation. He is credited by respondents for “the breadth of his experience on matters such as investigations and product liability disputes.” Mr. Kirry is further recommended in PLC Which Lawyer?, and he was listed among the French Corporate and M&A experts by European Legal Experts (2011).
In addition to being the president of Association Droit et Procédure, he is a member of Association Française des Avocats Conseils d’Entreprise, and also a member of the Swiss Arbitration Association. He was a moderator at the 2015 IBA litigation conference held in Paris, where he led the panel of the first session on “Managing the interplay between regulatory investigations and litigation.”
Mr. Kirry’s publications include “A Duty to Disclose, a Duty to Inquire: French and European Courts Address an Arbitrator’s Independence and Impartiality,” LexisPSL (September, 2021); “Une proposition d’avancée décisive dans la relation avocats-magistrats : le rapport d’audience pour tous!,” Gazette du Palais (September, 2021); “Suspecté d’abus de marché? Vous pouvez vous taire, mais vous devez coopérer,” Recueil Dalloz (February, 2021); “Révolution dans le risque pénal des fusions-absorptions,” Droit & Affaires (December, 2020); “France Makes U-Turn on Corporate Successor Criminal Liability,” Compliance & Enforcement (December, 2020); “La souveraineté économique face à l’extraterritorialité du droit,” Option Droit & Affaires (July, 2020); “Corruption: vers une nouvelle limitation de l’application extraterritoriale de la loi américaine?,” Option Droit & Affaires (June, 2020); “Convention judiciaire d'intérêt public: lignes directrices PNF/AFA - Quel encouragement à l'auto-dénonciation?,” La semaine juridique entreprises et affaires (April, 2020); “La communication judiciaire en période d’état d’urgence sanitaire,” Gazette du Palais (April, 2020); “The EPPO and International Co-Operation –– New Kid on the Block,” Compliance & Enforcement (December, 2019); “Policing Your Own Jardin – France Signals Eagerness to Take Control of Its White Collar Enforcement,” Compliance and Enforcement (July, 2019); “French Criminal Procedures— Surprising Features of a French Trial,” Bloomberg Law (July, 2019); “French Criminal Procedures—How Investigations Confound U.S. Practitioners,” Bloomberg Law (July, 2019); “French Anti-Corruption Authority Raises Alarm About M&A Transactions,” Compliance & Enforcement (May, 2019); “New French law expands protections covering trade secrets,” IBA Litigation Newsletter (May, 2019); “France boosts tax fraud prosecution,” Compliance & Enforcement (October, 2018); “Deux insuffisances du mecanisme anticorruption de la loi Sapin II,” La Semaine Juridique (May, 2018); “Deferred Prosecution Agreements — The French Experience,” Commercial Dispute Resolution (March, 2018); “First French DPAs for Corruption Offences,” Compliance & Enforcement (March, 2018); “French DPAs Lack Crucial Disgorgement Tool,” Global Investigations Review (February, 2018). Other publications include “Corruption: vers un reflux de l'extraterritorialité de la loi américaine?,” Les Echos (November, 2018); “L’avocat et son témoin,” Procédures (December, 2016); “Reform Of French Law On Insider Trading Mandated By French Constitutional Council,” Westlaw Journal White-Collar Crime (August, 2015); “Un progrès en trompe-l’oeil: le nouveau texte sur la notification des sentences rendues en France en matière d’arbitrage international,” Procédures (March, 2014); “Transactions Pénales Aux Etats-Unis: Une Certaine Logique,” Le Magazine des Affaires (2014) and “Un outil probatoire méconnu: l'utilisation de la procédure de discovery devant les tribunaux français,” Gazette du Palais (December, 2013).
Mr. Kirry has also co-authored a number of chapters in industry publications. These include the latest edition of “Financial Crime in France” part of the Practical Law Global Guide Series (July, 2022); the French chapter in the ICLG Guide to Business Crime (2019, 2020, 2022 & 2023 editions); the France chapter in the International Investigations Review (2017-2021 editions); the France chapter in GIR Know-How: Privilege, part of the Know How series published by Global Investigations Review (2017-2021 editions); a new guide to help lawyers navigate the differences between French and U.S. criminal justice systems — 10 Things U.S. Criminal Defense Lawyers Should Know About Defending a Case in France (May, 2019); “Financial & Business Crime in France: an Overview,” Financial & Business Crime Global Guide 2018/19 (November, 2018); and a guide to help navigate the differences between French and U.S. court litigation — 10 Things U.S. Litigators Should Know About Court Litigation in France (April, 2017).
Mr. Kirry received a Licence d’Histoire and a Maîtrise en Droit des Affaires in 1981 and a D.E.A. en Droit Privé in 1982 from the University of Strasbourg, and a LL.M. from Columbia Law School in 1986. He is a member of the Paris and New York Bars.