Comment prévenir et
gérer les risques de litiges aux États-Unis
Guide pratique pour
les entreprises françaises
This book provides an overview of the knowledge needed to properly assess, mitigate, and manage the litigation risks faced by French companies setting up and operating in the United States. Companies that sell products or services in the United States, enter into contracts or conduct other activities in this market are often unaware that the risks to which they are exposed are much greater than in France or other European countries.
Failure to understand and mitigate these risks exposes you to costly litigation, where the rules of the game are radically different from those in force in France. Concepts and procedures such as jury trials, punitive damages, court-ordered disclosure of exhibits, and depositions make resolving a dispute in this jurisdiction an expensive and even terrifying ordeal. A single significant lawsuit can impact the French company's operations and finances, divert it from other business opportunities, and erode its profits. Many of these hazards can be avoided if they are well understood.
This book is the result of a collaboration between two lawyers, the American Kent Schmidt and the French Sylvie Gallage-Alwis, both of whom have several decades of experience in litigation. By comparing and contrasting the two legal systems, they explain here how French companies operating in the United States can manage a wide range of risks related to commercial disputes. The book takes a pragmatic approach, based on lessons learned from the authors' experience and knowledge. It is aimed at a wide audience: entrepreneurs, CEOs, financial directors, export managers, in-house lawyers, lawyers, chartered accountants and consultants accompanying their French clients on the American market.
About the Authors
Sylvie Gallage-Alwis
Sylvie Gallage-Alwis is a Founding Partner of Signature Litigation’s Paris office. She specialises in product liability, toxic tort, ESG, and group litigation disputes. With almost 20 years’ experience, Sylvie represents manufacturers doing business in France in complex product-related disputes, including product liability, industrial risk, product safety, toxic tort, mass litigation/class actions, regulatory compliance, and environment/climate change matters. In The Legal 500 EMEA 2026, Sylvie is ranked as a ‘Leading Individual’ for her commercial litigation expertise, and she “stands out for her unparalleled expertise in product liability defence in France, as well as for her exceptional interpersonal skills.” She is also described as a “true expert in her field.” The 2025 Guide highlights her as “the North Star of product liability and compliance issues.” Past Guides have also identified her as a “leading toxic tort / mass litigation lawyer.” She is one of the only two lawyers ranked in the product liability category for France. Chambers France 2026 recognises Sylvie as “one of the best in her field” for Product Liability & Industrial Risk. Sylvie is a member of the Board of Directors of the International Association of Defense Counsel (IADC) and is currently the only European member on its Board. Sylvie is also an active member of the International Consumer Product Health and Safety Organization (ICPHSO).
Kent J. Schmidt
Kent Schmidt specializes in international litigation and is based in California. He is a partner at Dorsey & Whitney LLP, where he has practiced since 1998. His practice focuses on litigation defense and advising companies worldwide on navigating the risks of U.S. litigation. His typical client engagements include all types of litigation in the United States, with a particular focus on unfair trade practices, trade secret disputes, consumer class actions, product liability cases, financial asset and shareholder disputes, commercial contracts, Prop 65 (environmental) claims, and employment litigation. He is the author of the English edition of this book: U.S. Business Litigation Risks: A Comprehensive Business Handbook for Business Owners and the Attorneys Who Advise Them (Globe Law and Business) and co-author of the Italian, French adaptations as well as the forthcoming Brazilian adaptation. Kent also hosts SharkCast, a podcast in which he interviews guests on these topics. Kent is a member of Legalmondo, International Bar Association, International Association of Defense Counsel. He lives and works in Southern California.
