Banking and capital markets law
Our team of banking law experts advises renowned credit institutions and financial service providers on day-to-day banking law issues and contractual matters as well as on complex legal issues, in particular credit and financing matters and collateral law. In addition, we advise contractually bound intermediaries and their liability umbrella in all capital market-specific legal matters.
Based on the high level of forensic experience of our legal and specialist attorneys, we successfully represent our clients in numerous court proceedings throughout Germany.
We also support start-ups and scale-ups in the field of payment services. Our synergies from corporate, trademark and IT law enable us to provide holistic “full-service” advice.
Another focus is regulatory law, where our clients include financial services providers and factoring companies from the healthcare industry.
- Redesign of the contractual documents of an investment bank for a Lombard loan for private and corporate customers
- Legal advice and support for the management of a liability umbrella during a key audit by the German Federal Financial Supervisory Authority (BaFin)
- Legal representation of a credit institution in loan law proceedings
- Legal advice to a securities institution on the design of a website for financial analysis
- Legal support of debt rescheduling processes for real estate loans
- Foundation of a factoring company
- Advice and employee training of a financial service provider on money laundering issues
- Conception and support of various award procedures of a municipal public utility company for the construction of new administrative buildings etc.
- Legal support of several architectural competitions with subsequent negotiation procedures, e.g. for a new fire station, a city hall, schools, etc.
- Advising a global supplier of products and services (annual turnover in excess of EUR 10 billion) on various procurement procedures
- Drafting of contracts and advice on public procurement law for a district in the context of a municipal cooperation with joint ventures in public transport as well as direct award of the transport services
- Monitoring of construction award procedures of municipal waste management companies in funded climate protection projects for the construction of biowaste treatment plants with biogas generation
- Representation of a company in the field of veterinary diagnostics and food safety in several proceedings before the review bodies
- Accompaniment of a large number of award procedures for planning services for schools, day-care centers and administrative buildings etc. for several major German cities and municipalities
Public commercial law
Our clients from the public sector are subject to a strict legal system in their (economic) activities. In addition to state aid law, for example, municipal law, budget law or fee law set limits. At the same time, there are far-reaching opportunities, e.g. in investor models, restructuring and public-private partnerships. In subsidy projects, both private companies and the public sector are obliged to comply. We advise our clients comprehensively on the legally compliant structuring of their activities and are in close contact with supervisory and regulatory authorities as well as funding bodies.
- Advice on state aid, price and fee law in the context of public-private partnerships in the waste management sector
- Accompaniment of the Europe-wide selection of a strategic partner for the public-private operating company for a terminal for combined transport in a funded project
- Advice on state aid law to a municipality on a guarantee to its municipal utility company for broadband expansion
- Municipal law advice to a county in the context of a municipal cooperation with joint ventures in public transport
- Advising an aluminum manufacturer in a funding pilot project to compensate for power fluctuations
- Legal advice to municipal waste management companies in funded climate protection projects for the construction of biowaste treatment plants with biogas production
- Conception of the cooperation of a municipal transport company for a bicycle rental system
Technology law issues and technology sector advice have been among our main areas of expertise for many years. We advise companies in the information technology, telecommunications, media and healthcare sectors. A whole portfolio of start-up companies in various stages of development access our expertise. This includes advice on relevant regulatory issues (see below Regulatory), on the drafting of complex contractual structures (see below Commercial and Contract Law) and on IP law (see below IP and Competition Law). We are familiar with typical IT cooperation models. Advice on data protection law and open source compliance complement our services.
- Advising the provider on the introduction of a WLAN solution in the rolling stock and ancillary infrastructure of the largest European transportation company
- Advice on/design of complex cloud/software-as-a-service projects
- Providing advice on agile software developments on the developer and user side
- Advising a consortium on the development of LTE-based navigation technology
- Providing advice to bidders in public procurement procedures for IT solutions
- “Debundling” of a German telecommunications market in proceedings at the BNetzA and advice on the establishment of a national broadcasting network operator
- Guidance on ITK KRITIS precaution
- In-bound advice to a Scandinavian radio technology provider incl. its frequency regulatory compliance
- Advising on the procurement and operation of IT crypto solutions for companies, incl. all stages from design to acceptance and commissioning / SLA design / operations monitoring / data protection design
We provide small and mid-cap M&A advice, whether as share or asset deals. We act on both the seller’s and the buyer’s side. Also, we are mandated by individual shareholders or by the target company concerned. Time and again due to our operational proximity to many companies we advise on management buy-outs. In addition, we accompany start-ups in their financing rounds as well as borrowers to obtain acquisition finance.
- Advising an asset manager from Singapore on the establishment of a Luxembourg pan-European PE fund for Asian capital.
- Providing advice to the management team on the acquisition of the German subsidiary of a listed Swedish telecommunications group in the context of a management buy-out
- Advice to a Canadian process service provider on the acquisition of a German software company
- Advising a private group from Namibia on the acquisition of a majority stake in a German renewable energy project developer
- Providing advice to the founding shareholders on the seed financing of a start-up in the smart home sector
- Advice to the seed investor on his invest into a start-up in the field of digital advertising
- Advising a start-up in the cosmetics sector on a financing round and the issuance of a convertible loan
- Providing advice to a medium-sized company from the metals processing sector on the acquisition of a business division of a competitor
- Advice to the sole founder on the sale of a textile wholesale company
- Advising a group of founders on the sale of their hospitality business
We advise companies from start-ups to listed companies and their owners on all aspects of corporate law. This includes the drafting of articles of association, partnership agreements, shareholders’ agreements, investor rights agreements, joint ventures as well as the preparation and holding of general meetings, group restructurings and the litigation of corporate disputes.
- Drafting of a cross-border joint venture for commodity trading (CIS -EU)
- Advising on the establishment of a joint venture between a German IT start-up and its partners from India
- Repeated preparation of general meetings for a listed company from the IT sector
- Restructuring of a financial services group focused on the healthcare industry
- Setting up German subsidiaries for clients from the USA and Scandinavia from the IT sector
- Dispute between managing director and shareholder of a healthcare company
- Conducting a shareholder dispute of a minority shareholder of a trading company
- Advising on a shareholder dispute of a majority shareholder
- Representation of a (non-listed) public limited company in legal actions against resolutions of the shareholder meeting
Commercial and Contract Law
We provide general advice on contract drafting for a large number of clients. In some cases, we act as an outsourced legal department. For example, we draft contracts and terms and conditions with customers, suppliers or distribution partner with regard to the sale of goods or the provision of services. We support our clients in setting up distribution systems, coherent general terms and conditions and drafting complex commission and pricing provisions. Often, our advice is provided at the interfaces towards technology (see above) or intellectual property and competition law (see below).
Contracts for the establishment of a distribution system for a telephone manufacturer
Customer contracts for a US telecommunications company for the German market
General terms and conditions for various sectors: IT services, TC hardware and software, fashion, cosmetics, commodity trading
Agency agreements for various sectors: fashion, watch and jewelry business, commodity trading
Distribution and reseller contracts (VAR) for TC hardware and SW supplies
Software license agreements for companies in the utilities sector
Complex agency agreements in the energy efficiency sector
Power purchase agreements and related service contracts
Financing and security contracts, incl. assignments of receivables
Many of our clients are active in regulated markets. We provide comprehensive regulatory advice to companies in the information technology, telecommunications, media, healthcare, railway, finance and insurance sectors. We are in close contact with the regulatory and supervisory authorities and find ways to achieve regulatory compliance – as quickly as possible and as compliant as necessary. If required, we conduct proceedings before the competent courts and adjudicative bodies of the regulatory authorities.
Ending the FM monopoly and creating competition in the FM broadcasting signal market with several proceedings before the Bundesnetzagentur (BNetzA)
Certification proceedings before the Bundesamt für Sicherheit in der Informationstechnik (BSI) and other security authorities
Advising “secret-protected” companies in the Federal Republic of Germany
Price verification procedures with public contracting authorities
Allocation and licensing procedures before the media authorities of the Länder and the Kommission für Zulassung und Aufsicht (ZAK)
Supervisory proceedings by the media authorities of the Länder
Information and other administrative proceedings before the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Approval procedures at the BNetzA for permission of a technology trial
Advising asset managers and institutional investors on banking and insurance supervisory law
IP and Competition Law
We pursue intellectual property rights of our clients. These include not only trade-marks, design rights and copyrights, but also patent and utility model rights. We file trade-mark applications worldwide, we advise and represent clients in appeal, infringement and cancellation proceedings. Conversely, we defend against third party claims. Another focus is on the drafting of contracts with a specific emphasis on IP-rights such as development, license or cooperation agreements. Furthermore, we advise companies on employee invention law.
Successful appeal proceedings at the European Trademark Office on behalf of one of the largest German jewellery companies.
Title protection and trademark protection agreements for nationally known podcast
Drafting IT development and IT license agreements on behalf of software companies
Enforcement of corporate trademark infringements for a software development agency
Establishment and monitoring of a trademark portfolio for an internationally active advertising company
Drafting of patent- and knowhow-licenses
Prosecution of trademark infringements or defense against allegations of infringement of image rights in e-commerce
Enforcement of claims against unauthorized exploitation of trade secrets in the chemical industry
Defense of a telecommunications company against alleged infringement of open source software rights
In addition to providing ongoing legal support to HR-departments of SMEs, we advise employers and executives on all questions of labour law. The focus is on collective and individual law issues, such as collective company agreements, employment contracts as well as employment law disputes.
- Representing a Dutch group on job cuts in a German plant.
- Advising a software company on a restructuring and associated job cuts
- Representing a fashion company on the enforcement and execution of claims for damages against an employee who had left the company
- Assisting a medium-sized health-care company on the dismissal of all managing directors
- Drafting of a collective agreement for a comprehensive bonus scheme for various wage groups of a medium-sized company
- Advising on employment law issues in the context of the sale of a company in the IT security sector
- Providing guidance to various companies in the area of employee data protection
- Structuring of operational changes through the implementation of guidelines on behalf of various companies