People
Dan Benguigui
Biography
Dan is a member of the Paris Bar and a graduate of both Université Jean-Moulin-Lyon-III law school (DESS Droit et finance de l’entreprise) and EM Lyon business school.
He began his career within a criminal law firm before working as a specialized assistant to the Judge heading the 15th Chamber of the Paris Court of Appeal (banking and financial litigation). He also spent several years ‘in house’ within the Global Litigation department of BNP Paribas and led the “Criminal Proceedings and Regulatory Enforcement” team of the Group prior to joining the firm, in 2014. Dan specializes in financial litigation and enforcement work (circa 20 years of experience) with a strong focus on large scale and complex civil, white-collar crime or regulatory enforcement matters involving banking and financial services institutions (credit institutions, asset managers, depositories, investments firms, payment service providers, e-money institutions, etc.), large issuers and their top-level managers. He represents clients before all French civil and criminal courts, and assists them in the context of investigations and proceedings initiated by French and EU regulatory agencies. The bulk of Dan’s practice is to deal with threats, litigation and investigations revolving around banking and financial mis-selling allegations, market abuses, financial crime (money laundering and terrorist financing, anti-bribery and corrupt practices, sanctions and embargoes, fraud), tax-related offences, unfair commercial practices, and more generally around the professional duties and conduct rules imposed on either supervised or listed entities, as well as on their top-level management. He has also developed a significant experience and an impressive track-record in defending large institutions facing French class actions and more generally the largest collective claims brought in France to date.
Practice areas
- White-collar defense and global investigations
- Financial services litigation
- Disputes
- M and A litigation
Sectors
- Banks
Selected experience
- A global financial institution referred to trial before French Criminal Courts, on the grounds of unfair commercial practices (+2500 alleged victims).
- The largest EU bank in the first French ‘financial class action’, obtaining the dismissal of all claims, up until the French Supreme Court (+10,000 investors).
- A global payment institution facing criminal charges and multiple collective civil claims in France, in relation to the so-called FX trading fraud (+ 1,000 claimants and alleged victims).
- A global financial institution in an investigation into illicit solicitation and money-laundering of tax evasion proceeds’ offences. Negotiating the first French-style DPA (CJIP) executed in France.
- A global financial institution facing market abuse charges. Negotiating the first settlement of an investigation into potential market manipulation in France.
- Several financial groups, their directors, and senior executives, facing inspections and enforcement proceedings led by either the AMF or the ACPR into their compliance with regulatory duties and conduct rules.
- The Swedish bank, SEB, before the European Securities and Markets Authority’s Board of Appeal in the so-called ‘shadow rating’ case.
Education
- EMLYON Business School, 2005
- MA, Banking and Financial Law, Lyon III University, 2002
- MA, Business Law, Lyon III University
Admissions
- Admitted as an Avocat (France), 2014
- Admitted to practice in-house (France), 2001
Languages
- English
