CORPORATE LAW

Law Concerning Partnerships and Corporations

  • Preparation, modification and review of articles of association and shareholders’ agreements
  • Formation by way of cash subscriptions and non-cash contributions
  • Preparation and assistance in shareholders’ meetings and general meetings
  • Disputes among shareholders
  • Proceedings regarding defective resolutions
  • Structuring of inter-company agreements
  • Capital replacements
  • Liability of managing directors and board members

Acquisition of Business Enterprises

  • Legal Due Diligence
  • Structuring and negotiation of company acquisition agreements (asset and share deals)
  • Assistance and control in relation to the transaction process
  • Cooperation with tax consultants and auditors

CAPITAL MARKETS

Open-ended and Closed-end Funds

  • Legal conception and structuring of retail funds, investment funds and funds for institutional investors
  • Preparation of sales prospectuses, investment memorandums and supplements to prospectuses
  • Structuring of the articles of association and service contracts / Contractual terms and conditions
  • Legal assistance in relation to the proceedings for the approval of prospectuses in connection with public offers
  • Ongoing legal advice in relation to the management of funds
  • Preparation and assistance in relation to investor communication and the adoption of resolutions / Shareholders’ meetings
  • Defence of claims by investors and claims under prospectus liability
  • Cooperation with tax consultants

Banking, Securities and Insurance Supervision Law

  • Legal advice in relation to issues regarding the requirement of a permission for banking business and financial services
  • Requirements regarding the minimum capital of banks and financial services providers
  • Investment of the restricted assets of insurance companies and pension funds

SUCCESSION IN PROPERTY RIGHTS

Law of Succession

  • Structuring of last wills and testaments and contracts of inheritance
  • Anticipated succession
  • Rights to a compulsory portion
  • Contracts for the benefit of a third party in the event of death
  • Powers of attorney regarding legal guardianship and healthcare

Foundations

  • Advising in the establishment of family foundations and non-profit foundations
  • Structuring of the act of foundation and the articles
  • Assistance in official approval proceedings
  • Current advice of founders and executive bodies of foundations within the scope of the foundation’s activities and settlement

Corporate Succession

  • Structuring of succession clauses in articles of association
  • Entrepreneurial wills and testaments
  • Adjustment and coordination of private succession arrangements with succession clauses in articles of association
  • Advising in the change of the legal form of business enterprises
  • Cooperation with tax consultants

Divisions of Estates and Execution of Wills

  • Preparation of schedules regarding the division of estates
  • Division of estates among joint heirs
  • Assistance in succession-related disputes
  • Execution of wills (by way of division or administration)

STRUCTURING OF CONTRACTS FOR CORPORATIONS

National and International Contracts for the Sale and Delivery of Goods

  • Structuring of national and international contracts for the sale and delivery of goods under German law and the UN Sales Convention
  • Structuring of security agreements

Software Contracts

  • Structuring of contracts for the creation and maintenance of software (software solutions, web shops)
  • Structuring of software licence agreements

Distribution Contracts

  • Structuring of commercial agent and distributor agreements
  • Enforcement and defence of, inter alia, claims for commission or compensation

General terms and conditions of business (TCs)

  • Structuring and review of terms and conditions for purchases and sales
  • Structuring of quality assurance agreements
  • Structuring of confidentiality agreements

Contractual Trust Agreements

  • Structuring of trust agreements for the purpose of securing pension claims

LABOUR LAW

  • Structuring of employment contracts and cancellation contracts for business enterprises
  • Structuring of bonus agreements
  • Structuring of service contracts for managing directors and board members
  • Transfer of businesses
  • Employment Due Diligence
  • Defence of actions against unfair dismissal

COMPETITION LAW

  • Advising and defending in court in relation to warning letters under competition law and motions for cease-and-desist orders
  • Course of action in relation to plagiarism and product piracy
  • Prevention of violations under competition law
  • Advising in relation to the public image and the advertising communication; assisting in the structuring, optimization, implementation and defense of advertising campaigns and individual advertising activities
  • Supplementary performance protection under competition law as well as defending and reviewing in connection with the German Pricing Regulation (PAngV), food law (LFBG) and the German Therapeutics Advertising Act (HWG)
  • Advising in connection with e-commerce/distance selling (legal notice, instructions on the right of revocation etc.)
  • Protection of know-how and business secrets

TRADEMARK AND DESIGN LAW

  • Advising in relation to the development of trademark strategies and their implementation or enforcement
  • Registration, enforcement and defense of trademarks in Germany and abroad
  • Opposition and cancellation proceedings before the German and European Trademark Office
  • Conducting infringement proceedings before civil courts, in particular, by way of interlocutory relief
  • Domain law
  • Copyright protection
  • Design law (registration procedures, enforcement and defense against third parties, procedures before civil courts)

INSOLVENCY LAW

  • Insolvency-proof structuring of contracts
  • Advising creditors and debtors in a crisis and in the case of insolvency
  • Enforcement of rights of separation and segregation in the case of insolvency
  • Defence of revocatory actions and liability claims of the insolvency administrator

PRIVATE CLIENTS

  • Advising in, and conducting, lawsuits for entrepreneurs in estaste matters

LITIGATION

  • Corporate Litigation
  • Commercial Litigation
  • Capital Markets Litigation
  • Defense of claims by investors and claims under prospectus liability
  • Defence of revocatory actions and liability claims of the insolvency administrator
  • Disputes between shareholders
  • Actions against unfair dismissal
  • Probate proceedings and proceedings for the issue of a certificate of inheritance

ALTERNATIVE DISPUTE RESOLUTION

Arbitration Proceedings

  • Structuring of arbitration clauses in contracts
  • Representation in national and international arbitral proceedings under common arbitration rules (DIS, ICC), including cancellation and enforcement proceedings under the German Code of Civil Procedure
  • Exercising the functions of an arbitrator

Mediation

  • Structuring of mediation clauses in contracts
  • Reviewing the suitability of extra-judicial dispute resolutions
  • Representation in commercial mediation proceedings and other extra-judicial dispute resolutions
  • Exercising the functions of a mediator