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New business models, faster innovation cycles, and cost pressures require cross-company collaboration increasingly often. Networking and collaboration offer enormous opportunities for the future. Antitrust law is increasingly affecting not only large corporations, but also medium-sized and public sector companies.
In the light of the events of recent years, many companies are diversifying their financing structure. In addition to syndicated loans, certificates of debt loans (Schuldscheindarlehen) and corporate bonds in particular are becoming some of the most important methods of debt financing. At the same time, banks are facing ever-increasing challenges as a result of more strigent regulatory requirements as to the contractual structure of corporate finance. Our banking law team covers all forms of financing relevant to medium-sized companies and implements projects reliably, even within tight deadlines.
We provide tailored advice to clients on all phases of both private and public construction projects in all project phases with foresight and taking economic aspects into account.
Multidisciplinary and comprehensive solutions are required for capital market transactions and when advising listed companies. Projects often need to be reliably implemented under tight time constraints. One of our main advantages is our corporate expertise and, in particular, our knowledge of the law pertaining to stock corporations and to the reorganization of companies; we link these with our experience in capital market law to provide integrated solutions. We have the know-how to effectively identify key legal risks and to develop practical solutions. When drawing up prospectuses for securities, one of our strengths lies in identifying specifically relevant information for the prospectus and formulating this information clearly and accurately.
Sales and procurement for producers, suppliers and retailers require ever more complex contractual arrangements, which need to take into account both the adjacent and overlapping areas of law such as German and European unfair competition law, as well as the increasing globalization of markets. We protect and optimize the sales activities of our clients by exploiting the possibilities of legal constructions in their favour, and by taking the industry and product line, as well as possible points of contention, into account. The specific requirements and economic considerations of our clients are our main priority. By drafting an optimal contract, we secure economic benefits for our clients and avoid risks and disputes. We are the trusted advisors for a number of well-known companies in this field, and we have a high degree of specialization and vast experience in cross-border contracts as well.
Legal, tax, and business-management issues are closely interwoven within the corporate structure. A favourable provision with respect to taxation may not always be in the best interests of a client from a corporatelaw perspective. Our multi-disciplinary consulting approach thus provides a crucial advantage. Together with our clients, we develop creative solutions, thereby combining both the highest levels of legal acumen and accuracy with our longstanding legal experience of corporate structures and our knowledge and understanding of the needs of medium-sized companies.
Worlds sometimes collide when it comes to the purchase and sale of enterprises: Anglo-American financial investors or strategic buyers from India with those of owner-managed family businesses in the German“Mittelstand”, for instance. A high degree of sensitivity and an appreciation of the respective markets and industries involved – as well as the specific requirements of each party – are key to asserting the client’s interests during contract negotiations.
Every day, companies face the growing challenge of protecting the personal data of their employees, customers and business partners. We support our clients and their data protection commissioner in developing, implementing and maintaining the necessary statutory data protection regulations.
The fast-changing nature of business life today is reflected in employment law, which continually presents new challenges to enterprises. In order to address these challenges successfully, we provide comprehensive advice in both individual and collective employment law as well as in the closely related area of social insurance law. One focal point of our services lies in working closely with the management of companies to implement transfers and mergers of companies, transitions and closures of plants, outsourcing projects and personnel changes. In negotiating with works councils and unions, as well as in arbitration proceedings, we rely on our sound judgment, and remain focused on the goal.
The move to alternative energy sources poses complex questions for municipalities, public sector companies, private utilities, manufacturers and operators of power plants, project developers as well as companies as end users. To enable them to make the most of the opportunities available in wind, solar or biomass energy and to reduce risks, we pool our expertise in all the areas of corporate, energy, antitrust, public procurement, municipal, as well as public construction and environmental law. Often, there are also financial issues to deal with. We support and advise our clients on all aspects of energy law.
Different geopolitical and economic interests, as well as increased global tensions between individual states and communities of interest have given rise to stricter national, European and international regulations. This is particularly evident in foreign trade law, an area that has developed considerable momentum in recent years and is becoming increasingly important for globally active companies. We advise companies and entrepreneurs on all issues relating to foreign trade law. Based on our multidisciplinary approach, we develop holistic, practice-oriented solutions.
Setting up a foundation is important and worthwhile considering in a wide range of situations. Two such examples may be the entrepreneur wishing to preserve his life‘s work for future generations, or the individual who intends to commit a portion of his assets for the realization of charitable causes.
Sales and procurement for producers, suppliers and retailers require ever more complex contractual arrangements, which need to take into account both the adjacent and overlapping areas of law such as German and European unfair competition law, as well as the increasing globalization of markets. We protect and optimize the sales activities of our clients by exploiting the possibilities of legal constructions in their favour, and by taking the industry and product line, as well as possible points of contention, into account. The specific requirements and economic considerations of our clients are our main priority. By drafting an optimal contract, we achieve economic benefits for our clients and avoid risks and disputes. We are regularly entrusted to advise a number of well-known companies in this field, and we also boast a high degree of specialization and vast experience in cross-border contracts.
Enormous economic pressure and a constant stream of new or revised laws and regulations are two of the major challenges facing the health sector, and for which our clients need to find answers: for example, by means of co-operations in the form of medical care centers, mergers or takeovers of hospitals. The structuring approaches required are very complex. The case is not simply one of finding the optimal legal solution according to foundation, association, corporate and promotional law, and municipal or church law. Tax and business-management aspects such as the organization of the structure and processes are equally important.
Information technology plays an essential role in any business and is an indispensable prerequisite for participation in modern business operations. As such, advising our clients on all legal matters in the development, implementation, and use of hardware, software, and complete IT systems is one of our core competencies. This also covers IT compliance, IT security as well as protection against and dealing with cyberattacks.
Our insolvency administrators stand for a continuation- and future-oriented insolvency administration that protects the interests of creditors as well as employees and all other parties involved in the best possible way. In addition to the entire know-how of a large commercial law firm, we also use our international network. Our interdisciplinary set-up offers an important success factor through the interplay of business administration and law.
The protection of trademarks, designs, and inventions is becoming increasingly important. Awareness of their value as intangible assets is growing – yet at the same time, piracy is on the increase as a consequence of open borders and growing technical possibilities. Against this background, we support our clients with integrated solutions that cover all necessary aspects both nationally and internationally. Companies are facing increasingly fierce competition, while the possibilities of advertising are becoming more diverse, and provisions of competition law are enacted more and more on a European-wide level. You need attorneys, who are able to suggest viable alternatives instead of identifying legal risks only.
The law provides rules on intestate succession to govern the transfer upon death of all kinds of assets. The law makes no distinction based on whether the estate comprises a single-party dwelling, a multi-party dwelling, a savings account, a portfolio of securities, a company, etc. Nor does the law of succession depend on whether the decedent was on good terms with each of the entitled heirs, or whether they had no contact whatsoever. If a company forms the estate, the law does not ask whether the heirs are in fact capable of running the company in future.
We develop the right strategy for the enforcement or defence of claims by litigation. Should it not be possible to avoid court proceedings, we support the preparation of such a procedure, assess its prospects of success, and provide concrete recommendations for action. Preparation for and avoidance of court proceedings begin in the design of contracts, such as in jurisdiction agreements, arbitration clauses, and in the choice of law or allocation of the burden of proof.
We advise corporate clients on the advantages and disadvantages of issuing a warning or product recall for defective products. We aim to avoid both liability for the payment of compensation as well as, in particular, any criminal liability of those officers and employees responsible. We carefully consider the manner in which measures to be taken will be perceived by the outside in order to limit any injury to our clients’ reputation.
As a result of the increasing number of laws, the role that public law plays in the economy is becoming increasingly important, whether in the legal planning development of a town’s district, or inter-regional infrastructure projects such as the building of roads or power lines; in the reviewing of environmental risks in the construction of industrial plants, or when applying for subsidies and state aid for small and medium-sized enterprises. We advise companies and public-sector authorities in all areas of public law, from strategy development and negotiation through to judicial enforcement of the interests of our clients.
There are numerous pitfalls to be avoided by public authorities when procuring goods and services under public procurement law. Likewise, for a tenderer, even the smallest error can have serious consequences, such as the non-consideration of his offer. Our experts provide reliable guidelines for contracting authorities and candidates for public procurement in all sectors.
Questions relating to real estate are becoming more and more complex, requiring in-depth specialization. It is therefore increasingly difficult for investors and owners to both assess and actively manage the opportunities and risks of an investment. Our experts in real estate law know the demands of the sector and understand the market. Many clients appreciate that they can find specialists in all interfaces with other areas of law with profound understandings of real estate.
An economic crisis situation involves numerous demands and can carry considerable liability risks for all parties involved. The wide range of complex issues requires intensive advice, particularly in the areas of insolvency law, corporate law, directors' and officers' liability and D&O insurance, banking law & financing as well as employment law. With our interdisciplinary team of lawyers, tax advisors and auditors, we can identify the critical points, help to minimise risks and develop solutions. The spectrum of our advice covers all relevant areas relating to restructuring and insolvency situations.
The purpose of the EU state aid provisions is to prevent restrictions of competition resulting from financial benefits granted by Member States to certain undertakings. EU state aid law considerations have formed an important element of our legal advice for more than a decade - long before the introduction of the various aid packages designed to tackle the effects of the Coronavirus pandemic, which has also led to a greater awareness of this area of law. Our experts have extensive experience that allows them to evaluate any state aid law risks and develop practical solutions in order to avoid claims to repayment and damages.
The national as well as international transport of goods is associated with numerous civil law issues, be it that the transport takes place by road, rail, air or sea or combined. In addition, transport law is characterized by special liability law, which differs significantly from general liability law. Furthermore, transport and forwarding law is characterized by numerous international agreements (e.g. CMS) and industry-specific peculiarities (e.g. ADSp).
Menold Bezler advises on all aspects of waste management, especially promoting closed substances cycle waste management, tender of waste disposal services, implementation of waste disposal facilities, closure and after-care as well as municipal rates and generating energy from waste.