Main practice areasAdministrative and Constitutional lawWe manage your projects having in mind both legal and practical matters – legal questions relating to construction and investment planning proceedings in the public sector, environmental law, including eco-auditing and environmental tolerance. We assist you in applying for permission and represent you before administrative courts. Time is often of particularly important in such cases. Our practice in this area includes among others law on protection against air pollution, law relating to waste, law on protection of monuments, industrial law, law relating to medicine production and gene technology law. Antitrust lawWhile the law on competition is supposed to provide a considerable degree of “fairness” for competing enterprises, the antitrust law serves the purpose of providing for competition being possible at all. The sixth amendment to the German Act against Restraints of Competition, which entered into force in 1999, has altered the German antitrust law considerably, including structural reforms, e.g. those concerning merger procedures, as well as the harmonisation with EU norms, e.g. those concerning allocation procedure. In the area of enterprise mergers, our law office supervises merger procedures under both German and European law. Considerations on antitrust law also play a substantial role in areas other than the supervision of mergers, such as trade or licensing agreements, franchising or similar agreements between competitors and equal partners, since the legal effectiveness of contracts decisively depends on the norms relating to antitrust law. It has been so even before the much publicized EU administrative fines were levied. Banking lawWe prepare banking and financing transactions, advising and supporting our clients and especially assisting them in problematic areas. We offer our services in the area of deposits and credit operations under the collateral security law, focusing on guarantees and guarantees law, leasing and factoring in all combinations possible. For banks, we check General Terms and Conditions of Trade, running account conditions, as well as security transactions, stock exchange business, issuing and investment transactions. From the founding of our law office, we have been advising our clients on capital investment law and we have been representing investors in cases against capital investment companies on all economic levels worldwide. Commercial lawCommercial law is the basis of the so called “business law”. We are experts in all areas of commercial law. One example are trade agreements: in times of rapidly changing forms of trade, the role of the law relating to sales representatives and out-of-office employment is continuously gaining importance. We represent well-known national and international commercial companies and advise them on drafting for example purchase, licensing and leasing contracts in the area of commercial law. We also prepare General Conditions of Purchase and Sale. Since most of our clients are entrepreneurs, one of our areas of specialisation is drafting nationally and internationally applicable sale representative and franchise contracts focusing on our clients’ product. Alternative forms of trade are not alien to us, on the contrary, they challenge our creativity. Contracting lawContracting law comprises all rules and regulations that prescribe the state, its authorities and institutions how to proceed when purchasing goods and services. Contracting law provides the formal framework for the tender procedure, which is equally bounding for both the public contractor as well as for the bidding company. Should one participant of the tender infringe legal formal requirements, he might incur serious consequences. Violations on the side of a public mandator might lead to the cancellation of the tender or lately even set forth grounds for damage claims on the side of the bidder. Violations on the side of the bidding company often result in the submitted offer not being taken into consideration at all. Our law office assists both public mandators and bidding companies taking part in the tender procedure. Apart from carrying out the complete tender procedure, we also assist public mandators, only partly if they so wish, in choosing the appropriate procedure, drafting the contract terms, formulating the text of an announcement and evaluating an offer. As far as the bidding companies are concerned, we draft offers for them in compliance with formal requirements, supervise the tender proceedings, secure submitted bids and examine recourse claims. Furthermore, we represent the participants of a tender at the re-examination. Contract lawWe are well versed in all intricacies of civil and contract law. We are accustomed to handling economic matters of our clients and converting them into contractual phrasing tailored to the needs and interests of our clients. Of course, we continue to represent our clients’ interests when the contract ends after court proceedings. We push through our clients’ claims by means of enforcement or we defend them against insolvency administrators. In doing this we do not content ourselves with routine measures. We are happy to offer our clients expert knowledge in the field of enforcement and insolvency regulations so that they can carry through their demands. Construktion lawWe advise and represent our clients in drafting construction contracts for mandators, construction companies and project managers in both private and public sector. This means assistance at all stages of project development, in the form of arbitration or conciliation procedure. Employment lawWe advise, assist and represent our clients, companies and entrepreneurs, in all matters, including their everyday activities concerning employment law. When an employment or service relationship terminates, we handle the separation process. Of course, we also advise companies and private persons in cases of dismissal and help to clarify legal claims and matter-of-fact possibilities, depending on the scope of interests (e.g. continuation of employment or redundancy payment). - For further general information on employment law please read here
- Please contact Uwe Lehr.
Energy lawThe amendment to the Energy Industry Act has „liberalised” the energy market. The old-established regional energy suppliers are aware of the challenge of increasing competition. New service suppliers are constantly entering the energy market. They are courting clients from all sides, offering them freedoms which they have never dreamt of before. We assist enterprises of the energy industry in strategic mergers, cooperation and when they are founding new divisions. We check, carry out and prevent energy transmission plans. We convert your business intentions into safe contracts and we revise existing contracts and bring them into line with legal requirements. We assist non-tariff customers in their business communication with energy suppliers, including contract negotiation, contract layout, changes to a contract, fulfilment of a contract and termination of a contract. Our activities further include solving problems connected with electricity distribution under the Renewable Energy Act and the Combined Heat and Power Act. - Further information on energy law upon request
- Please contact Michael Horak, Graduate engineer (electrical engineering), LL.M.
Family lawWe guarantee our clients competent representation in divorce proceedings and in matters arising from divorce (alimony, right to the custody, care and control of a child, division of pensions and other divisions under property law). Another area of our activities constitutes marriage counselling preceding separation and divorce as well as drafting matrimonial property agreements, separation agreements and agreements on consequences of a divorce. Our specialist will assist you individually at any moment throughout the whole path to divorce, from your first information meeting until the court makes the divorce orders. Fiscal lawHardly is there another area of law undergoing such dramatical changes as fiscal law, which influences all economic activities and which each of us has to become acquainted with some day or another. Our law office advises and assists you in all legal questions relating to fiscal law, cooperating closely with tax advisors’ offices and auditing companies. Insurance lawDue to our experience with our clients, we are familiar with almost all forms of insurances. Advice and assistance regarding forms and procedures of insurance law go for us without saying. IT lawIT law is one of our major practice areas. Development, production, operation and maintenance of software and hardware require regular examination and adaptation of respective contracts and General Terms and Conditions of Trade, since the jurisdiction is constantly changing. We have profound and state-of-the-art knowledge of IT, covering among others general purchase and operating conditions, licensing contracts for software production and drafting licensing or system contracts. Having expert knowledge and experience in this area and being familiar with its special technical terminology, we are proud to offer our clients advice and assistance tailored to their needs. Land and real estate lawWe are convinced that legal advice and assistance are indispensable when purchasing/selling, renting/leasing real estate or when financing, planning and executing building projects are concerned. Landlord and tenant lawWe are happy to find solutions for your legal questions relating to landlord and tenant law. In this area, we advise and draft comprehensively. Our special focus in this field is on revising and individually drafting contracts for property used for business purposes. We also solve problems arising from termination of tenancy. Law of associationsThe law of associations constitutes a particularly important practice area of our law office. Our activities in this area range from founding and counselling companies (e.g. when transforming, acquiring or selling a company) to the law of succession including succession agreements. We counsel all forms of associations, that is civil-law partnership, limited partnership, open commercial company, private limited company, public limited company, society and co-operative society. This includes assistance in restructuring, drafting direct control contracts, changing articles of association, mergers and exclusions. Our assistance is refined by comprehensive forensic experiences in the area of company law disputes, both in cases of executives/executive boards against companies they represent as well as disputes between shareholders. In order to optimise your company’s business performance in the administrative area where the law of associations and tax law intersect, we co-operate with a network that includes tax advisors and auditors. Furthermore, we co-operate with notary offices. Law of successionAnother practice area of our law office consists in advising and assisting companies and private persons in matters concerning their personal property. Passing on property to the next generation needs to be planned prudently and in advance, and various economic, legal and fiscal aspects as well as personal circumstances must be taken into consideration. We draft all necessary agreements and contractual declarations, for instance testaments, matrimonial property agreements, contracts of inheritance, regulations concerning the law of associations, donation agreements and agreements on all forms of anticipated succession. In view of increasing state net product from cases of succession, we consider all aspects concerning law of associations and fiscal law. In the area of private law we suggest different solutions in accordance with law of succession as a result of changed family conditions (other than matrimonial partnership for life, remarriage, etc.) which are not or no longer in keeping with the legislative model of an ideal family. Law on competition and advertisementAt the centre of the Act against Unfair Competition, there is advice on marketing and sale of products, on services as well as in the case of implementation of ideas. A good advertisement should put to light a certain product, service or company advertised. The better the advertisement, the more critical is the question relating to fairness. In order to minimise risks relating to law on competition and to achieve the desired advertising goal, we advise companies even before they employ a marketing mix measure. This allows a company to avoid expensive cautions or court proceedings and to strengthen its defence positions and targets. Not only do we offer advice during the preparation stage of an event, we also assist its implementation from the legal point of view, which enables us to react quickly to legal actions from third parties. We take direct legal action against our clients’ competitors. Furthermore, our activities in the area of law on competition are versatile due to various industries, our priority always being our clients’ legal or economic interests. We are well acquainted with developments in the area of e.g. pharmaceuticals and foodstuffs as well as those relating to pharmaceutical and medical products. We closely follow European developments and make immediate use of acquired knowledge while advising you. Law relating to food production and distribution and to medical preperations / pharmaceuticals ans foodstuffsWe investigate the marketability of your new foodstuffs and their ingredients, including delimitation from pharmaceuticals. We are looking forward to advising you on legal questions concerning pharmaceuticals law, and on the question if particular packages and enclosed instructions for use are permitted by the law on competition. Furthermore, we assist administrative proceedings concerning foodstuffs and pharmaceuticals law. - For further information on foodstuff / pharmaceutical law please read here
Please contact Michael Horak, Graduate engineer (electrical engineering), LL.M.
M&AAll departments of our law office can assist your transactions. This is the best possible way to solve individual cases, which often require expert assistance. Online lawYou should pay particular attention to legal guidelines concerning your internet presence, in relation to your competitors, providers and users. When created in compliance with legal guidelines from areas such as copyright law, law of trademarks, telecommunications law and penal law, your web appearance will be as professional from the legal point of view as your company is in reality. Our law office works for commercial users, providers and clients who want to implement their ideas connected with this field. We are familiar with terms such as e-commerce, e-cash, cyber law, nic, TLD, metatags, PGP, etc. Patents, trademarks and licensesWe are experts on all forms of intellectual property protection. Our services in this field range from assistance during the application procedure, protection of patents, utility models and trademarks, to domain names, semiconductors and plant species. Experience in many areas, e.g. IT, electrical engineering industry and pharmaceutical industry distinguish our law firm from others. We guide our clients in their strategic planning. We represent them in the German Patent and Trademark Office, in European offices and international bodies, in order to obtain the best possible protection of intellectual property, always carrying in mind our clients’ interests. We administer the existing property rights, by defending them both in court and against competitors. The administration of property rights includes exploitation of a property right as a marketing measure under the law of competition, avoiding the infringement of the rights of third parties, as well as direct reactions against product and property right piracy. It is self-evident that we manage your property rights completely. For instance, we also examine if all requirements necessary for obtaining, expanding or delineating a trademark are fulfilled. We draft all necessary contracts, including licensing contracts, delineation settlements, agreements on secrecy as well as exploitation and sale contracts, etc. Additional qualifications, e.g. as graduate engineer, provide for competent advice and representation which include technical matters as well. Penal lawIn the area of penal law, our law office is concerned predominantly with penal law concerning business offences. We handle for instance counterfeit merchandise, defamation, slander, punishable advertising, exploitation of documents, tax evasion, fraud, malpractice and corruption offences. We focus in particular on offences connected with company crises, especially with insolvency offences. Lastly, we offer advice in cases of investigation inside a company connected with penal accusations. Telecommunications, media and copyright lawAs far as media and copyright are concerned we do not only offer assistance in drafting contracts, we also advise you in matters regarding specific media, namely press and publishing law. Moreover, we draft contracts between artists, production companies and distributors and assist the process of marketing media products. We also assist our clients in cases of misrepresentation, defamation, and so on. Since our lawyers are highly experienced in the area of traditional copyright law we have easily entered the domain of new media, regulated by telecommunications law and computer law. In this way, we have been able to cover the whole area of legal questions relating to copyright from the very beginning. Due to the liberalisation of the former monopoly, the current telecommunications law can be divided into various sub-areas. This concerns legal questions under antitrust law as well as aspects of legal protection of industrial property or consumer protection. After all, we are dealing with questions connected with the regulatory body for mail and telecommunications. The number of regulations, especially in the administrative area, has been continuously increasing since the Telecommunications Act and its subordinate legislation entered into force. |
