Capstan Avocats

Managing Partner: Pascal Lagoutte
Number of partners: 62
Number of lawyers: up to 200
Languages: English, French

Firm Overview:
Capstan is the recognised go-to firm for matters pertaining to employment law in France. Be it for counsel, litigation, or related to human resources management, the firm’s 200 lawyers assist numerous leading companies. Capstan Avocats provides day-to-day support for numerous companies on the CAC 40 and SBF 120, as well as start-ups and several thousand companies from all occupational sectors, of any size and in all regions. The firm also has an in-depth knowledge of the local economic and social fabric and the competent jurisdictions, thanks to its 11 offices in France. Moreover, Capstan Avocats advises its French clients across the world through Ius Laboris, a leading legal service provider in labour and employment law and pensions law. In 2012, the firm initiated Capstan TV, the first web TV dedicated to labour law. In 2015, the firm has initiated Start with Capstan, a special offer dedicated to growing companies. In 2017, the firm has initiated 'Capstan News' an app dedicated to the labour law news in France.

Main Areas of Practice: 

Collective Bargaining & Labour Relations:
Capstan Avocats advises companies for setting up and managing staff representation bodies (works councils, European works councils, Central Works Councils and works committees, Health, Safety and Working Conditions Committees, staff representatives, etc.) and litigations arising thereof.

Individual Working Relations:
Capstan Avocats advises companies on all issues relating to the individual management of their human resources, taking into account the legal and contractual environment, developments in case law, the constraints on the activity, the company's strategy, its challenges and its social policy.

Social Management of Mergers & Acquisitions:
Capstan Avocats has in-depth knowledge of all legal issues relating to human resources and advises in-house teams, from the design of strategic plans to their implementation and monitoring of their consequences when they are faced to the modification of legal structures (mergers, acquisitions, sales, outsourcing, etc.), or operational structures.

Social Audits, Social Performance Evaluation & Corporate Social Responsibility:
Capstan Avocats supports companies during compliance audits, reducing the cost of acquisition or in a Corporate Social Responsibility (CSR) procedure. For acquisition operations, the firm is able to carry out social audits (due diligence) and an evaluation of social liabilities, and to draw up appropriate contract clauses.

Restructurings & Social Plans:
Capstan Avocats is involved in the preparation and management of restructuring and downsizing plans. Capstan's lawyers also support companies in any individual or collective litigation, either in summary procedures or procedures on the merits of the case, related to these projects.

Pay, Employee Savings & Employee Share Ownership:
Capstan Avocats advises companies in defining the most appropriate structure for individual and collective pay, as well as in formalising immediate and deferred pay policies. The firm designs national and international incentive, employee savings and employee share ownership programmes with companies. Capstan Avocats in partnership with the firm Ayache, Salama & Partners has created Capital Ingénium (www.capitalingenium.com), an offering dedicated exclusively to employee share ownership programmes and employee saving schemes.

Social Security:
Capstan Avocats advises its clients in the application of social security legislation, as well as the control of social welfare agencies. The firm advises companies on the implementation of corrective actions following a compliance or acquisition check or audit.

Pensions & Insurance Benefit Schemes:
Capstan advises companies in the design and setting up of additional insurance benefit and supplementary pension schemes. Capstan is involved in all stages of the life-cycle of a complementary social security scheme, in connection with insurers and scheme managers.

Individual & Collective Disputes:
Capstan's lawyers act in all jurisdictions (court of the first instance, the High Court, industrial tribunals, Courts dealing with Social Security cases, administrative jurisdictions, criminal jurisdictions etc.), in all individual and collective disputes initiated against or upon the initiative of the company or its directors.

Criminal Law Related to Employment:
Prevention work is provided by setting up adequate delegation of authority to ensure both the effectiveness of the prevention policy and better protection of the CEO. Capstan Avocats also assist companies, their directors and their employees in the preparation and monitoring of criminal proceedings instigated against them.

International Mobility:
The firm advises its clients when they set up in France or for the hiring of foreign employees. As a member of Ius Laboris, Capstan Avocats manages transnational situations, which involves taking account of all specific issues and local requirements.

Health & Safety, Psychosocial Risks:
Capstan Avocats supports companies in the design of their health and safety policy and in the implementation and monitoring of appropriate solutions. The firm is involved in disputes relating to health and safety before all competent jurisdictions.

Data Privacy Law:
Capstan Avocats provides legal advice on a whole range of data protection issues, including:
■ Data audits based on the processing activities of the client
■ Providing help and advice with data protection compliance on a worldwide basis (including the GDPR in Europe)
■ Setting up appropriate documentation and policies to ensure compliance
■ Advising on data security
■ Helping clients deal with data breaches
■ Helping manage the relationship with data protection authorities
■ Providing help and advice on any topic where the rights of the company may conflict with the privacy rights of employees (including as the screening of employees before and during employment, the use of social media, the monitoring of electronic communications, camera surveillance, the recording of phone conversations and whistleblowing)

Capstan News:
An app dedicated to the labour law news in France.
Available on both Appstore and GooglePlay.

Start with Capstan:
The firm has initiated a specific support offering: Start with Capstan. Through Start with Capstan, the firm enables growing companies to benefit from concrete and flexible HR solutions to develop their business.