Welcome

Expertises

The awareness of public interlocutors and the knowledge of their ecosystem are being used for the benefit of the clients to assist them in advice and litigation before the French administrative jurisdiction.

We assist and represent clients in the context of public contracts awarded by the French State, local authorities and public establishments and/or in relation with public authorities in the context of activities subject to specific regulations.

Our areas of expertise cover:

·Public law

·Public contract law

·Regulatory matters

On the strength of our experience on global and international projects, we are able to add to the expertise in public law complementary expertise and the European constraints and international regulations related to the public sector. We also collaborate in partnership with French and international law firms if necessary.

Public Contracts

We advise French public authorities and private companies on the tendering and execution of public contracts:

·Public procurements

·Concessions

·Public Private Partnerships (PPPs)

·Administrative emphyteutic leases

·Public domain occupancy contracts

·Complex contractual solutions involving infrastructure and public asset financing transactions

We assist and represent clients at the stage of the tendering, negotiating, drafting contractual documentation and awarding public contracts, as well as during the execution and at the termination of the contracts with a contentious approach (pre-contractual/contractual summary proceedings, recourse for cancellation and litigation on the validity and execution of contracts, judicial expertise).

Experiences

• Advising of consortiums during the tendering, negotiation and drafting of contract documents up to the final offer and award of PPP contracts concerning several major projects launched by the Ministry of Defense (maritime transport, defense sports infrastructure, etc.)

• Advising banking and financial institutions in the tendering and negotiation of temporary occupancy contracts, delegated project management contracts and agreements for the provision and financing of public infrastructures (rail transport, ports, etc.).

• Advising the French State in the context of a public procurement contract under competitive dialogue procedure for the implementation and restructuring of the IT system of the National Archives (Ministry of Culture and Communication) and contractual schemes for the construction and operation of real estate facilities located abroad (Ministry of Foreign Affairs).

• Advising local authorities and concessionary companies in disputes relating to the performance and termination of concession contracts on the grounds of fault or general public interest (summary proceedings, compensation claims, settlements).

• Advising unsuccessful bidders and/or winners of public procurement contracts for hospitals in the context of disputes over the award (pre-contractual/contractual summary proceedings and disputes over the validity of the contract) and the performance of contracts (settlement, judicial expertise, interim measures and compensation claims).

Experiences

• Advising French and foreign pharmaceutical companies for marketing of drugs, medical devices and cosmetic products, acquisitions of companies and the establishment of pharmaceutical establishments in France.

• Advising professional organizations and/or foundations or associations recognized as being in the public interest with regard to regulations (granting of authorisation, modification of the legal framework, transposition into French national law, negotiations with the public authorities, litigation and pre-litigation, etc.) relating in particular to medical biology regulations, biomedical and veterinary researches.

• Advising French and foreign companies in the context of negotiations and litigation in connection with the marketing in France of specific consumer products (litigation and negotiation with the French relevant authority, the “DGCCRF”).

• Advising foreign companies during their creation and establishment on French and European territory in the context of their manufacturing, distribution, operation, import and export of health products and during the overhaul of their pan-European distribution network.

Defense

• Advising consortiums and/or banking institutions in competitive dialogue procedure for the award of Public Private Partnership contract concerning several major projects launched by the Ministry of Defense (shipping transportation, military sports infrastructures, etc.).

• Participation in a definition study by the French Directorate General for Armaments (DGA) on defense telecommunications infrastructures: drafting of the section on possible contractual solutions, including the Public Private Partnership contract, and participation in hearings with the DGA. Habilitation “Confidentiel Défense France”.

• Litigation in the context of the Ministry of Defense's tender for a public procurement for the provision and implementation of Internet telephony Protocol for the Navy's Voice-Data Network.

Health

• Advising pharmaceutical companies on the placing on the market of drugs, medical devices and cosmetic products, acquisitions of companies and the establishment of pharmaceutical establishments in France.

• Advising professional organizations and/or foundations or associations recognized as being of public interest in matters of regulations relating to medical biology regulations, biomedical and veterinary researches.

• Advising public and private health establishments (PSPH) in the context of litigation in connection with the reform of the activity-based pricing system (T2A).

Undertakings

A response to the need close to the clients' reality

Ecosystem

The answer to the client requires a perfect knowledge of the ecosystem of the public sector, business and industry for an approach dedicated to specific sectors of activity. 

 Transparency

A particular concern for transparency on the expectations, time and delays spent allows us to meet the needs to the reality and constraints of the client.

Proximity

High importance is given to the availability, exchange and proximity to clients in order to anticipate the needs.

About us

Anoly Saypharath founded her own law firm in 2017 after having practiced in public law for 15 years in international leading law firms. Admitted to the Paris Bar Association in 2000, she started her career at PricewaterhouseCoopers, then SG Archibald/Arthur Andersen International, before joining Salans becomes Dentons, and Mayer Brown in Paris.

Driven by her entrepreneurial mindset, she is particularly dedicated to her clients, which include French and foreign private companies and public sector authorities. The areas of activity cover public law, public procurement law, project finance and regulatory activities, particularly in the defense and health sectors. She has been involved in major projects launched by the French Ministry of Defense (shipping, security systems and telecommunications, infrastructure).

Anoly Saypharath is graduated from the University of Paris I Panthéon-Sorbonne with a post-graduate degree (DEA) in public economic law, a master’s degree in public law and a double law degree in public law and public administration.

She also contributes to the work of the Law Practice Commission within the French National Council of Bars (CNB). She was a member of the CEFOPPP (French Expertise Center for the Observatory of Public-Private Partnerships) and the IGD (Institute of Concessions and Public Management) for several years and contributed to the parliamentary work during the reform on Public-Private Partnership contracts.

She is regularly published in renowned reviews specialised in the defense sector (Revue Polytechnique - La Jaune et la Rouge) and the pharmaceutical industry (Revue Générale de Droit Médical): see Publications.

Suivez Anoly Saypharath