Compliance
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Following the global financial crisis, companies in all industries worldwide have been subject to increasingly strict regulatory requirements. Even a single violation of legal regulations or official requirements may lead to significant consequences that can even threaten the company’s existence. Not infrequently, this results in lengthy preliminary proceedings, criminal sanctions, exclusion from public procurement procedures or government benefits, as well as hardly reparable damage to reputation.
With the help of a compliance management system, hazards can be identified and avoided at an early stage, risks and misconduct can be reacted to appropriately and measures to reduce damage can be taken. However, the implementation of a compliance management system not only serves to avoid or minimize sanctions, but also provides your company – nationally and internationally – with considerable competitive advantages.
We will advise you in the conceptual set-up and implementation of your compliance program. Our compliance expertise is driven by entrepreneurial thinking and is focused on developing the optimal compliance strategy for your company.
Who to contact:
Irmtraud Wendland
Rechtsanwältin, Counsel
Trade law
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Our constantly changing economic system and the digitization of trade require legally compliant and prompt decisions under the consideration of trade law.
We can support you, especially in the following areas:
- Supply contracts
- Framework agreements
- Confidentiality agreements
- Agency agreements
- Logistics contracts
- Advice in connection with defective deliveries
Who to contact:
Axel Walter
Rechtsanwalt, LL.M. (Melbourne), Partner
Intellectual Property / Competition law
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To be competitive is a pre-condition for your business success. Your protection from freeloaders and unjustified claims requires sound advice and energetic representation of your interests. Risky litigation in matters relating to competition, copyright and trademark law can frequently be avoided through skilful negotiations. In order to secure your rights we act competently even on short notice, especially in the following areas:
- Advice on planned advertising measures
- Protection of copyright
- Darfting and examination of licence contracts
- Conduct of trademark searches
- Registration and monitoring of trademarks in Germany and abroad
- Representation in cases of complaints and objections from public authorities
- Representation in trademark infringement proceedings
- Issue of warnings and prosecution of competition law infringements in court
- Representation in competition law litigation and interim injunction proceedings
- Advice on the exploitation of protected intellectual property rights
- Defence against attacks from competitors
- Out-of-court dispute settlement
Who to contact:
Marc Baldus
Rechtsanwalt, Partner
Insurance law
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Due to many years of consulting and representation of insurance companies of different industries, our lawyers are proven specialists in insurance law.
This does not only include the familiar handling of the special provisions in the Insurance Contracts Act. Insurance products as a purely contractual construct are substantially designed by the general terms and conditions of the insurance company. Their interpretation also depends on the specifics of the respective insurance industry. Our lawyers continuously come into contact with the relevant case law through their daily practice and continuous training. In this way, we ensure appropriate consideration of the individual needs of our clients in almost all areas of insurance law.
Our activities include in particular the following areas:
- Liability insurance (personal and public liability, asset and professional liability, product and environmental liability, motor liability)
- Law of private personal insurance (law of life, health, accident and disability insurance)
- Property insurance law (building, household, burglary and technical insurance, recourse of the property insurer)
- D&O (Directors & Officers Insurance),
- Fidelity insurance
- Insurance Contract Law
Who to contact:
Dr. Jennifer Meyer-Jüres
Rechtsanwältin, Fachanwältin für Medizinrecht, Partner
Traffic law
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Your mobility is our concern. The increasing volume of traffic gives rise to accidents. The loss of a driving licence can threat your economic existence. Even if “only” penalty points are involved, it can be very important to avoid entries in the central register of traffic infringements.
We proceed with sensitivity and use the right tactics to help you in the following areas:
- Enforcement of your own compensation claims against the opposing third party liability insurer or your own fully-comprehensive insurer, both extrajudicial and judicial
- Defence against unjustified claims for compensation
- Advice and representation in infringements of traffic regulations and criminal proceedings (including cases of excess alcohol and speeding offences)
- Traffic accidents in Germany and abroad
- Third party liability motor insurance questions
- Loss/recovery of the driving licence
- Avoidance of driving bans
- Criminal proceedings
Who to contact:
Marc Baldus
Rechtsanwalt, Partner
Mariolina Münzel
Rechtsanwältin, Associate
Patrick Fock
Rechtsanwalt, Associate
Manuel Reuber
Rechtsanwalt, Associate
Kristina Grimm
Rechtsanwältin, Associate
Nikolas Grimm
Rechtsanwalt, Associate
Tax law
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Tax advice plays an important role in the comprehensive advice we provide to our clients, in particular with regard to company sales and acquisitions, company successions and reorganizations, complex real estate and financial transactions as well as inheritance law. As a result, only the coordination of the clients’ economic requirements with their tax interests can guarantee the optimum result.
In close cooperation with the auditors and tax consultants, we advise our clients in all matters relating to domestic, cross-border and international tax law.
Our advisory services include in particular:
- Tax advice on restructuring, company reorganization and corporate acquisitions
- Tax-optimised succession planning for companies and private individuals
- Inheritance and gift tax law
- Tax support for national and international real estate transactions
- Representation in proceedings in fiscal courts
- Representation in criminal prosecutions of tax offenders
Who to contact:
Irmtraud Wendland
Rechtsanwältin, Counsel
Jürgen Michels
Rechtsanwalt, Steuerberater, Associate
Tenancy and commercial lease law
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Due to the extensive unwritten case law, for the contracting parties the law of tenancy is difficult to access. Faulty regulations in rental and lease contracts usually have far-reaching economic consequences. For many years we are advising large real estate management companies as well as hotel companies and can assist you in this area with expertise.
Focus of our activities are:
- Preparation and examination of commercial and residential leases and supplements to commercial and residential leases
- Enforcement of or defence against claims in connection with rental and lease agreements
- Due-diligence audits
- Advice in connection with the termination of rental and lease agreements
- Execution of the terminated rental and lease agreement
- Residential property law (WEG-Recht)
Who to contact:
Marc Baldus
Rechtsanwalt, Partner
Medical law
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We advise nationwide hospital providers, medical care centres (MVZ), providers of medicines and physicians of various disciplines on strategic and conceptual issues. In particular through the interdisciplinary cooperation with the corporate and labour law departments as well as OFM Oebel Fröhlich Michels GmbH, we offer our clients comprehensive advice in all matters relating to the healthcare sector.
In the law on medical malpractice, we represent our clients both in the enforcement and in the defense of claims for damages and claims for pain and suffering because of possible treatment errors. In addition, we develop personally agreed patient decrees and precautionary powers that are tailored to the individual needs of our clients.
The main focus of our range of services in the area of medical law is as follows:
- Hospital law
- Medical malpractice law
- Contract and corporate law of the healthcare professions
- Law governing doctors’ contracts
- New forms of health care
- Medical profession law
- Precautionary powers and Patient Decrees
Who to contact:
Dr. Jennifer Meyer-Jüres
Rechtsanwältin, Fachanwältin für Medizinrecht, Partner
International contract and commercial law
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The European Single Market, globalization and global economic integration are an integral part of daily business life. Many cases that initially appear to be governed solely by German law have to be assessed according to international law and require cross-border cooperation with foreign lawyers.
Our international orientation and comprehensive experience as well as the membership for decades of the international lawyers network CONSULEGIS, which is represented worldwide, are a guarantor for successful advice even beyond the borders of Germany.
We assist our clients in the preparation, conclusion and implementation of domestic and international contracts in accordance with their particular business needs, when necessary also in English. We would like to mention just the following areas as examples:
- Sale and purchase agreements
- Agency agreements
- Joint venture contracts
- Project agreements
- Transportation contracts
- License agreements
Who to contact:
Axel Walter
Rechtsanwalt, LL.M. (Melbourne), Partner
Irmtraud Wendland
Rechtsanwältin, Counsel
Kristina Grimm
Rechtsanwältin, Associate
Nikolas Grimm
Rechtsanwalt, Associate
Insolvency law
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Insolvency raises many questions not only for the company concerned but also for its business partners. In this case it is of crucial importance to know the rights and to assert them as soon as possible. Our insolvency law activity includes in particular targeted creditors’ advice. In cooperation with ROTONDA Inkasso GmbH we are focused on realizing the open claims of our clients even under difficult conditions.
In addition, we also advise companies that have come into an economic crisis. If insolvency is foreseeable, there is a need for immediate action in order to be able to recognize and to reduce the liability risks of the persons involved. We develop strategies for avoiding liability, especially for managing directors and board members. In addition, we develop concepts for the future commercial development, a possible restructuring and, if possible, the continuation of the company. In doing so, we support our clients through holistic advice in close cooperation with auditors and tax consultants.
In summary, our activities in insolvency law focus on the following areas:
- Creditors advice
- Advising the management on liability issues
- Advising companies in times of crisis
- Development of restructuring concepts
Who to contact:
Dr. Jennifer Meyer-Jüres
Rechtsanwältin, Fachanwältin für Medizinrecht, Partner
Real Estate Utilization / Foreclosure Sale / Partition by public auction
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The utilization of real estate property constitutes often the last remaining possibility for creditors to enforce and recover debts from defaulting or bad debtors. Partition by public auction can considerably contribute to a settlement in disputes regarding family and inheritance issues. The respective proceedings are determined by numerous legal regulations.
Our activities mainly focus on the following services:
- Legal drafting concerning the establishment of real estate securities
- Initiation and structuring of out-of-court marketing activities and property securisation measurements
- Execution of direct sales of encumbered real estate property
- Registration of judgement liens
- Preparation, introduction and monitoring of proceedings regarding forced administration and foreclosure sales
- Representation of creditors and potential bidders in foreclosure auctions
- Registration and enforcement of debts in hearings regarding the allocation of the auction proceeds
Who to contact:
Marc Baldus
Rechtsanwalt, Partner
Real estate law
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The settlement and legal structuring of real estate transactions – by way of asset or share deal – is complex and can arise considerable risks for the people involved in the project. Just as important as the fair negotiation of the contractual conditions is the knowledge of the actual processes and the potential stumbling blocks of a real estate transaction. For years, we have been accompanying large real estate companies and property companies in the sale and purchase of commercial real estate, in particular hotels and shopping centres, and are thus familiar with all the facets of a real estate transaction.
Focus of our activity is:
- Structuring and processing of real estate transactions
- Corporate law advice for real estate transactions, including the preparation of legal opinions
- Due diligence audits
- Assistance in setting up the data room
- Prospectus liability
Who to contact:
Marc Baldus
Rechtsanwalt, Partner
Axel Walter
Rechtsanwalt, LL.M. (Melbourne), Partner
Irmtraud Wendland
Rechtsanwältin, Counsel
Corporate law / M&A
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The business and economic life is dominated by high complexity, rapid change as well as cross-border transactions and structures. Takeovers, reorganization and shareholders’ meetings represent a considerable challenge for companies. Our advisory services in this field include in particular the following major subjects:
- Establishment of companies
- Restructuring programmes
- Reorganization (mergers, company splits, spin-offs, change of legal form)
- Takeovers and fusions of companies
- Mergers and acquisitions of companies (M&A)
- Sale and purchase of shareholdings
- Due-diligence audits in connection with company acquisitions
- Company succession
- Winding-up of partnerships, disputes between shareholders
- Preparation of shareholders’ meetings, board meetings and supervisory board meetings
- Review and drafting of contracts for managing directors and board members
- Liability of managing directors and board members
Who to contact:
Axel Walter
Rechtsanwalt, LL.M. (Melbourne), Partner
Irmtraud Wendland
Rechtsanwältin, Counsel
Accounts receivable management
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The dunning process of a company binds employees and thus capital. In Order to give you the opportunity to concentrate on your essential tasks, we take care of the professional receivables management for you. We offer the following services:
- Out-of-court receivables collection including claims statements
- Conclusion of out-of-court instalment payment agreements and their monitoring
- Obtaining debtor information; address inquiry
- Court orders and judicial debt collection
- Enforcement measures including correspondence with bailiffs
- International enforcement
- Long-term enforcement
Who to contact
Dr. Jennifer Meyer-Jüres
Rechtsanwältin, Fachanwältin für Medizinrecht, Partner
Patrick Fock
Rechtsanwalt, Associate
Inheritance law
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The coming years will be marked by a generational change in a large number of companies. A wrong strategic decision can lead to considerable financial losses, even to a business crisis threatening the existence of the company.
Our lawyers specialized in this field concentrate mainly on asset succession and structuring the succession in family-owned companies, including advice in tax matters. Our key areas in the field of inheritance law are:
- Advice on the structuring of wills and inheritance contracts
- Donations, especially with regard to tax implications
- Advice in the event of a succession
- Execution of a will
- Liquidation of communities of heirs through partition
- Pursuit of claims to a compulsory portion and the augmentation of this compulsory portion
- Inheritance certificate procedures
- Inheritance tax law
Who to contact:
Irmtraud Wendland
Rechtsanwältin, Counsel
Jürgen Michels
Rechtsanwalt, Steuerberater, Associate
Brewery and public-houses law
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For decades, the Beer Supply Agreement has occupied all instances of the constantly evolving case law. Complex economic parameters and the embedding of the supply provisions in various sample contracts require interdisciplinary orientation and industry knowledge.
We have the necessary expertise and experience to advise and represent breweries, beverage wholesalers and gastronomy businesses.
The main areas of practise regarding brewery and public-houses law are:
- Extrajudicial and judicial representation in contractual disputes regarding gastronomy businesses and events
- Review, negotiation and drafting of beer and beverage supply agreements
- Advice on all legal issues in connection with gastronomy businesses
- Consultation on the optimization of industry-related corporate structures
Who to contact:
Marc Baldus
Rechtsanwalt, Partner
Axel Walter
Rechtsanwalt, LL.M. (Melbourne), Partner
Banking and capital markets law
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In banking and capital markets law, we especially represent credit institutions in connection with the granting of real estate loans. In the case of non-performing loans, we enforce the rights of our clients, utilizing any collateral. In addition, we service fund companies and advise them also in possible liability issues.
The focus’ of our activities in banking and capital markets law are:
- Lending law including security rights (guarantees, land charges, etc.)
- Assistance with non-performing loans
- Prepayment penalty
- Consultancy regarding liability of banks, in particular liability for kickback payments
- Liability of fund investors and fund initiators
- Prospectus liability
Who to contact:
Dr. Jennifer Meyer-Jüres
Rechtsanwältin, Fachanwältin für Medizinrecht, Partner
Axel Walter
Rechtsanwalt, LL.M. (Melbourne), Partner
Automobile law
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“The Germans favorite child” remains the subject of countless legal disputes. Framework conditions change with increasing speed. Diesel engines and driving bans, electric mobility and autonomous driving pose new challenges for the industry. For many years we are representing manufacturers and car dealers.
Our key areas of practice are:
- Warranty and guarantee claims in connection with the purchase of a car
- Brochure and product liability
- Defense against unjustified return requests
- Legal issues related to motor vehicle repairs
- Leasing and financing law
- Distribution and trademark law
Who to contact
Marc Baldus
Rechtsanwalt, Partner
Mariolina Münzel
Rechtsanwältin, Associate
Patrick Fock
Rechtsanwalt, Associate
Manuel Reuber
Rechtsanwalt, Associate
Kristina Grimm
Rechtsanwältin, Associate
Nikolas Grimm
Rechtsanwalt, Associate
Labour law
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Advice on matters of labour law is of cardinal importance for a company’s commercial success. We advise and represent companies, board members, managing directors and management employees in all fields of individual and collective labour law. We are also familiar with the consequences in terms of labour law of complex corporate mergers and acquisitions. Further more we advice and represent employees beginning with the signing of an employment contract up to its termination, especially in protection against dismissal. The core areas of our activities are as follows:
- Individual labour law, including protection against dismissal
- Collective labour law, including Works Constitution Act (Betriebsverfassungsgesetz) and Co-Determination Act (Mitbestimmungsgesetz)
- Counselling in sales of business and conversions
- Outsourcing and transfer companies
- Handling human resources matters in M&A transactions, especially Due-diligence audits
- Transfer of business operations and liquidation
- Formulation of employment agreements, termination agreements and winding-up agreements
- Legal representation in all labour courts, the state labour courts (Landesarbeitsgerichte) and the Federal Labour Court (Bundesarbeitsgericht)
- Negotiation of redundancy schemes and reconciliation of interest agreements
- Representation in proceedings before boards of conciliation
- Negotiation of company agreements on salaries and conditions and bargaining agreements
Who to contact:
Olaf Junge
Rechtsanwalt, Counsel
Mariolina Münzel
Rechtsanwältin, Associate
Patrick Fock
Rechtsanwalt, Associate