Ludovic Malgrain | White & Case LLP International Law Firm, Global Law Practice
Ludovic Malgrain
Ludovic Malgrain

Ludovic Malgrain

Partner, Paris

T +33 1 55 04 15 25

T +33 1 55 04 15 15

E lmalgrain@whitecase.com

White-collar criminal lawyer Ludovic Malgrain acts as litigator and adviser for banks, corporates, and individuals including legal representatives and managers. He is “praised for his empathy with clients” and is an “expert in corporate risk management”.

The Legal 500

Overview

Corporations and individuals benefit from the extensive experience of white-collar criminal lawyer Ludovic Malgrain.

Representing clients in criminal courts throughout France, his track record includes a number of high-profile cases, such as the collapse of the gangway of the Queen Mary II passenger ship, the Air France Concorde crash and the Helvet Immo case.

Ludovic also advises major industry players and financial institutions, such as banks and investment funds, on their regulation and compliance-related obligations. Drawing on 15 years of hands-on experience, he helps clients to satisfy legal requirements relating to bribery and corruption by adopting appropriate internal procedures, to implement compliant work safety programmes, and to limit their criminal exposure.

Ludovic shares his experience at the Paris Bar School, where he lectures on international and European cooperation in criminal affairs. He also delivers training and seminars for clients, on the prevention of corporate criminal liability for individuals and organisations, as well as the prevention of fraud and the delegation of powers.

Bars and Courts

  • Paris Bar

Education

  • Harvard Law School, Program of Instruction for Lawyers
  • Postgraduate Degree, Business Law, University of Paris II
  • Master in Judicial Career, University of Paris II
  • Master in Business Law and Tax, University of Paris II

Languages

  • French
  • English

Experience

Fraud in the nuclear industry - ongoing

Assisting the French subsidiary of an international group in the context of a fraud under criminal investigation by employees (falsification of documentation) in the nuclear industry. Coordination of the strategy (labor issues, commercial litigation) and liaising with the public regulator of the sector (Autorité de Sûreté Nationale (ASN)).

Corruption and tax fraud charges, 2014 – 2015

Ludovic assisted the Sales Director of a listed French technology company who was subject to allegations of corruption towards foreign public officers, as well as tax fraud as money laundering.

Delegation of powers, 2014 – 2015

Ludovic advised the General Counsel of a listed company on criminal exposure of the Management and on the set-up of a scheme relating to delegation of powers in France and abroad.

EC service provider in criminal suit (Eurostat scandal), 2013 – 2014

Ludovic advised a service provider to the European Commission in a criminal law suit initiated following denunciation by the European Anti-Fraud Office (OLAF) to the French Public Prosecutor.

Concorde crash criminal proceedings, 2013 – 2014

Ludovic acted for the chief engineer of an aeronautical construction company in criminal proceedings relating to the crash of Air France's Concorde.

Helvet Immo case, 2013 - ongoing

Ludovic is assisting a major French bank faced with criminal and civil charges of commercial malpractice (duty of information, duty to warn, duty of advice, unfair term, legality of escalator clause) in the context of a class action, brought by consumer associations and hundreds of individuals, relating to a portfolio of real estate loans which were granted to individuals in a foreign currency. Proceedings are under criminal investigations and pending before the civil and commercial courts. As well as legal advice on regulatory issues connected with the charges.

Class action on consumer code violations, 2013 – 2014

Ludovic advised a bank in respect of class actions in the civil and commercial courts. The bank faced a lawsuit initiated by over 500 of its clients for the alleged violation of the Consumer Code through its mortgage loan offer.

Fund mis-selling claim, 2013 – 2014

Ludovic represented a bank charged with mis-selling, following its distribution of promotional brochures relating to mutual funds.

State extradition proceedings, 2013 – 2014

Ludovic represents a foreign state in connection with extradition proceedings.

Third-party financial fraud, 2013 – 2014

Ludovic advised several French and foreign companies on frauds committed by third parties using irregular international wire transfers. Criminal proceedings were coordinated in France and abroad.

Allegations of insider trading before the French Financial Markets Authority, 2013 – 2014

Before the sanctions committee of the French Financial Markets Authority (AMF), Ludovic advised a manager facing insider-trading charges.

Individual defence before the French Financial Markets Authority (AMF), 2013 – 2014

Ludovic advised the legal representative of a company in proceedings before the French Financial Markets Authority (AMF) sanctions committee on charges relating to communication to the market.

€1 billion financial product fraud (Apollonia case), 2013 – 2014

Ludovic advised a bank regarding a €1 billion fraud relating to the sale of tax-break products.

Speaking Engagements

"The protection of lenders and banks’ duty of information and advice", 19 February 2015: Sciences Po Paris,
Paris

"Deferred Prosecution Agreement/Non-Prosecution Agreement", 15 April 2014: Roundtable on the consequences for French companies of entering agreements with the US authorities, Option Droit & Affaires,
Paris, France

"International and European cooperation in criminal affairs", Paris Bar School (EFB), recurring lecture

Publications

  • Co-authored the France chapter of The European, Middle Eastern and African Investigations Review 2016 - Global Investigations Review (GIR)
  • Wireless transfer fraud : outplaying cybercrime (Ordres de virement frauduleux : déjouer la cybercriminalité), Huffington Post and Semaine Juridique (JCP), October 2014
  • Corporate Crime, Fraud and Investigations Multi-Jurisdictional Guide 2012/13, Practical Law Company, August 2012
  • A practical cross-border insight into business crime: France Chapter — The International Comparative Legal Guide to Business Crime 2012, Global Legal Group, 2012
  • The right to remain silent before the Financial Markets Authority, Les Echos, November 2011, (Le droit de se taire devant l'AMF)
  • In-house counsel and white collar lawyer: a dual role required to manage criminal liability, AFJE – Juriste d'Entreprise Magazine, November 2011, (Juriste d'entreprise et pénaliste: une complicité requise pour gérer le risque pénal)

Awards & Recognition

The Legal 500 EMEA

Ludovic is "praised for his empathy with clients" and is recognised as "an expert in corporate risk management."