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Business 2017-11-23T15:44:15+00:00

OUR BUSINESS

» Administrative Law » Antitrust Law » Brokerage Law » Commercial Law » Competition Law » Compliance Consulting » Construction and Architect Law » Contract Law » Copyright Law » Corporate Law » Data Protection Law » Direct Marketing and CRM » IT Law » Labor Law » Media Law » Private International Law » Real Estate Law » Tax Law » Telecommunication Law » Trademark Law

LABOR LAW

» Employment contracts (including managing directors and executives)  » Employee compensation and shares (e.g. stock option plan), especially models for performance-related pay » Warning notices, termination notices, severance agreements » Severance payments » Restructuring and outsourcing » Transfer of operations and employee leasing » Labor protection and working time law

CONSTRUCTION AND ARCHITECT LAW

» Construction-related legal consultations (e.g. defects, acceptance, liability, bankruptcy and adjoining property rights for buyers, building owners, property developers, architects, construction companies and skilled trade businesses) » Developer law (acceptance, correction of faults, liability issues, litigation, gathering of evidence) » Architect law (architect fees, liability, support with project management) » Contract design, negotiations and processing (for architect, property developer and building contracts in line with Germany’s BGB and VOB regulations)

COMPLIANCE – CONSULTATION

As part of a compliance consultation, we conduct a compliance audit, run a screening for company internal risks, and implement a risk management system with early-warning notifications. This integration of compliance into company internal processes provides many advantages:

» Analysis of targets and status quo
» Analysis of opportunities and risk
» Reduction of time and work
» Documentation
» Less pressure and liability
» Definition of internal guidelines
» Damage and libel protection

We cooperate with a small group of external partners to support you in the following areas:

» Finance and accounting (M&A support, process optimization, documentation for 8th EU regulations, euro sox/BilMoG)
» Internal audit and controls (contract compliance, enterprise risk management, fraud/forensic services, antitrust compliance, anti-corruption compliance, data protection compliance, internal compliance guidelines)

DATA PROTECTION LAW

» FAQ for data protection officers
» Data protection law
» Data protection in companies
» Contracted data processing
» Cloud computing and data protection
» CRM data protection
» Data protection in the energy sector
» Social media and data protection
» Data protection in health care
» Data protection for colleges and universities
» International data protection
» Data protection for employees and applicants
» Online data protection
» Data protection in telecommunications
» Data protection in insurance
» Data protection in banks
» Data protection for consultants

 

DIRECT MARKETING AND CRM

We advise companies of many different industries – especially print media, press distribution, telecommunication, insurance and mail-order companies whose businesses are marked by building, conveying and maintaining long-term customer relationships or service providers of these companies. Companies that win the long-term trust of their customers generate valuable contract relationships that must be defended against competitors. Building, growing and maintaining these customer relationships touches on many different legal aspects and demands expert knowledge. Our job covers the various facets of sales, competition and trademark law as well as the fields of e-commerce, internet and data protection.

We establish and structure effective sales systems, design the complete online presence of your company, recommend suitable actions to protect both your client base and company secrets, create profitable cross-selling models, help manage successful customer relationships (CRM), and assist in optimizing the efficiency of receivables management systems.

Companies, sales partners and consumers have a mutual interest in profitable customer relationships – but conflicting ones as well. Through professional consultations and proper planning, e help our clients avoid potential conflicts. We solve unavoidable disagreements. Our clients profit from our vast knowledge and long experience in direct marketing.

CORPORATE LAW

» Selection of the appropriate company form (e.g. GbR, GmbH, KG, OHG, partnership, small and large stock corporations, GmbH & Co. KG), optimized for taxation and liability
» Company establishment, shareholdings, purchases, sales, reorganizations and mergers
» Articles of association
» Company succession and closing (business options, utilization of inheritance law)
» Corporate liability within and outside of the company
» Legal relationships of the company and owner, management liability
» Consultation and planning of incorporated companies, cross shareholdings, statutes, meetings, agendas, etc.
» Support in establishing international branch offices and subsidiaries
» Mergers and acquisitions (M&A)
» Private equity
» Foundation, constitution, accounting, appropriation of earnings, capital increase/reduction and the liquidation of stock corporations and partnerships limited by shares
» Consultations regarding ad hoc publicity and insider laws
» Announcements as required by Germany’s Securities Trading Act (WpHG)
» Coordination of corporate and external tax advisory services

COMMERCIAL LAW

» Design, negotiation and review of national and international contracts with sales partners, manufacturers and suppliers
» Design and development of sales models and structures; planning of sales systems from a legal view
» Trade and agency contracts
» Contracts for authorized dealers and franchisers
» License and know-how contracts
» Development and review of general terms and conditions, in particular, the terms of delivery
» Consultation in establishing agencies / branch offices
» Support and consultation in all matters concerning corporate law and the commercial register

REAL ESTATE LAW

» Contracts for purchasing land/lots, inheritance of real estate
» Project development
» Rental and leasing contracts
» Brokerage contracts
» Questions related to residential property
» Construction and architect contracts
» Developer contracts
» Legal relationships of real estate funds
» Real estate foreclosures and auctions
» Facility management contracts
» Real estate due diligence
» Leasehold law

INTERNATIONAL PRIVATE LAW

» Design, negotiation and review of cross-border contracts in commercial law
» Legal assessment of questions related to applicable law, especially related to bilateral and international agreements
» International agreements on jurisdiction
» UN sales law
» International litigation support in cooperation with law firms on site
» Securing of property and the assertion of enforceable claims in foreign countries

IT-LAW

» Hardware, software, database contracts
» Service-level, outsourcing and sales contracts
» Provider and maintenance contracts
» Other license and OEM contracts
» Consulting, negotiation and litigation services for all aspects of software and technology licensing
» Consulting, negotiation and litigation services for hardware or software defects
» Distance selling law
» Legal consultation for internet shops or hosting/ASP offerings
» Comprehensive coaching for software projects
» Data security and protection
» Telecommunication law
» Domain name research (availability, infringement of third-party trademarks or naming rights)
» Design of domain contracts (in particular, the sale, transfer or licensing of domains)

 

ANTITRUST LAW

» Mergers and acquisitions (M&A)
» Contract design and negotiations with suppliers and buyers
» Creation and restructuring of license and sales systems
» Questions on access rights to infrastructure facilities (e.g. cable networks)
» Negotiations with representatives of the antitrust agencies and associations
» Design of pricing, general terms and conditions
» Enforcement or defense of claims against competitors, suppliers or buyers
» Legal proceedings in antitrust cases (appeals and litigation)
» Awarding of public contracts (tender and review procedures)

TRADEMARK LAW

» Development of trademarks (product names, logos, claims, jingles, product designs, corporate designs)
» Trademark research with legal opinion
» Trademark protection (registration with DPMA for Germany and OHIM for the EU)
» Trademark protection and monitoring
» Trademark strategies (national and international)
» Management of trademark portfolios (e.g. deadline monitoring, payment of extension fees)
» Design of license contracts and demarcation agreements/license management
» Consulting in title protection (e.g. for software products, film and sound products or stage entertainment)
» Notice of title protection
» Defense and enforcement of trademark claims (e.g. omission, transfer, information, destruction, damage claims)
» Representation at the World Intellectual Property Organization (OPMI) in Geneva

BROKERAGE LAW

» Consultation in the establishment of brokerages
» Design of brokerage contracts
» Trainings and seminars in all aspects of brokerage law
» Wordings for exclusive contracts, independent commission pledges and other contract terms that stand up in a court of law
» Legal design of general terms and conditions
» Warning notices for anti-competitive behavior
» Defense against unjustified warning notices
» Enforcement of justified claims to commission
» Design of legally binding sales kits
» Defense of unjustified liability claims

MEDIA LAW

» Press law, in particular questions related to rights to free speech and privacy; post-mortem right to privacy
» Radio and television law
» Rights in written and photo journalism
» Draft and negotiations for license contracts
» Defense and enforcement of media-related legal claims (omission, elimination, information, damages, penalties, profit skimming, corrections, counterstatements, accompanying legal actions)
» Warning notices, injunctions, legal actions

TAX LAW

» Selection and transformation of the company form
» Tax planning for corporate purchases and sales
» (Anticipated) Inheritance of companies and assets; company succession
» Tax planning for family agreements (e.g. marital agreements)
» International (cross-border) tax law
» Penal code for tax offenses

TELEKOMMUNICATION LAW

» Consulting and support for interconnection contracts with Deutsche Telekom
» Invoicing and collection agreements
» Right of regulation
» Carrier-to-carrier contracts
» Design of contacts for carrier-fixed connections
» Interconnection arrangements
» Design of collocation/housing contracts
» Consultation for billing contracts
» Review and design of other types of network access
» Drafts of service-level agreements

COPYRIGHT

» Use and protection of copyright and service protection rights
» Use of intellectual property on national and international levels
» Design of license terms and other necessary contracts
» Purchase of licenses from third parties
» Negotiations with copyright holders or buyers in Germany or internationally

CONTRACT LAW

» Demarcation contracts, purchase agreements, leasing contracts, franchise contracts, license contracts, cooperation agreements, travel agreements, financing contracts, partnership agreements, commercial leases, leases, marital agreements, last wills and testaments, software manufacturing contracts, priority agreements, advertising contracts, web hosting and web design contracts, real estate contracts, brokerage contracts, etc.  » Initiation, design, processing and termination of contractual relationships 
» General terms and conditions
» Damage liabilities
» Insurance contract law

ADMINISTRATIVE LAW

» Public building law
» Tax law
» Commercial administrative law (e.g. commercial law, codes for specialized trades, economic development, restaurants, mining, energy)
» Environmental law (emissions protection, waste, natural and environmental protection)
» Public service law

COMPETITION LAW

» Strategic consultations to prevent breaches in competition law (e.g. advertising via telephone, fax, email or test messages including joint liability for the behavior of third parties)
» Precautionary review of advertising claims in writing or via telephone including email advertisements, catalogs and press statements, in particular, misleading or emotional advertising, package deals, sweepstakes, discount and free gift advertisements
» Defense and enforcement of media-related legal claims (omission, elimination, information, damages, penalties, profit skimming, corrections, counterstatements, accompanying legal actions)
» Warning notices, injunctions, legal actions
» Protection of specific business and company secrets
» Questions related to regulatory law (pricing, interconnection contracts)
» Energy law