We help companies and entrepreneurs with transactions, the acquisition or the sale of companies, as well as with the entry of investors from abroad into the German market. We help with both share deals and asset deals starting from the first meetings, with the due diligence and negotiation phase including the signing and the closing of the transaction. If necessary, we also provide advice with respect to the structuring and the implementation of the acquisition financing.

In particular, we help project principals with respect to the choice of the preferred company form as well as the structuring and the implementation of the respective project including the financing up to the exit if intended.

Besides of a deep economic understanding, negotiation and communication skills are of particular importance. Decisive for the success is, in particular, the ability to exactly identify the interests of the decision-makers and, based thereon, to work out the most suitable strategy.

To the extent necessary, we also represent clients in post-M&A disputes before courts and arbitral tribunals. This special know-how is of high benefit for our clients also with respect to the negotiation of transactions and financing agreements.

The success of a company, the feasibility of an acquisition, a business model or a project depend on its financing. Whether it is a corporate, real estate, or project financing, we help our clients to identify, structure and implement the most suitable, legally preferred financing strategy. This applies to any line of financing, whether the financing via equity, debt, or mezzanine capital is the preferred approach, including the preferred mix of different lines of financing.

We advise also with respect to the legally preferred ways to collect funds, whether via banks, via institutional investors, by launching a fund, or by way of an IPO or crowdinvesting. Often, we help with structured financing as well as cross-border financing.

We also help with the legal part of the refinancing of an existing corporate financing. If an investment or a financing becomes distressed, we help to find the legally best way to restructure the financing or the company.

Last but not least, we advise our clients in order to raise public subsidies and to maintain the terms and conditions of such public subsidies.

A company facing economic difficulties requires at an early stage legal help to manage the crisis. Starting with the evaluation of the risk, we offer custom-made and comprehensive legal advice prior to and during the crisis of a company.

For purposes of the financial restructuring of a company, we negotiate with the creditors prior to an insolvency proceeding, and help to implement an insolvency plan including self-administration of the company. We also help with respect to insolvency protection proceedings. Our help comprises inter alia the defense against liability claims, the financial restructuring including the restructuring of bonds, and the liquidation of companies. Furthermore, we help with respect to liability cases of managing directors, board members and shareholders. According to our approach to a comprehensive management of the crisis, we provide proactive solutions with respect to other fields of law, as for instance with respect to corporate, labor, tenancy, subsidy law and other legal questions.

Not least our particular experience with the measures required in the crisis of a company, qualifies us to help in case of an (imminent) insolvency of the business partner of our client. In doing so, we help from the legal and the strategic side with respect to the negotiation and enforcement of claims including the realization of collaterals.

Furthermore, we help investors to purchase companies facing a crisis or being subject to an insolvency proceeding (distressed M&A). We also help investors to purchase portfolios of non-performing loans (NPL).

We help companies and entrepreneurs during the entire cycle of a company, starting from its formation resp. the market entry, the growth of the company, a restructuring of the company with the aim to optimize the market position as well as with the corporate succession. We help managing directors resp. the board of directors, the shareholders and members of a supervisory or advisors board, in particular, in legal matters with respect to the growth and the financing of the company.

In particular, we help project principals with respect to the choice of the preferred company form as well as the legal structuring and the implementation of the respective project including the financing up to the exit if intended.

We also help companies facing financial difficulties with respect to their restructuring, being by way of a scheme or arrangement or by way of an insolvency plan.

Besides of a deep economic understanding, negotiation and communication skills are of particular importance. Decisive for the success is, in particular, the ability to exactly identify the interests of the decision-makers and, based thereon, to work out the most suitable strategy.

We also represent clients in lawsuits, in particular, in corporate litigation matters including cases of liability of the managing directors. This special know-how is of high benefit for our clients with respect to the legal advice outside of disputes.

Companies owned by individuals or families are typically so successful due to the fact that they are also operated by the owners. In order to make sure that the business of those companies will be ongoing, it is crucial that the succession in the company is prepared and structured in due and early time. Depending on whether a family member, a senior employee of the company or an external purchaser are supposed to take over the company, different challenges apply. To consult with an experienced advisor is crucial to avoid that those challenges become pitfalls.

We advise, structure, and help with the implementation of estate and corporate successions, whether

•   by way of last wills,

•   by way of an anticipated succession, or 

•   by contributing the assets into a (family) trust.

To start planning at an early stage and gaining advice by experienced lawyers is decisive for a  succession without frictions: Estate and corporate successions are often sophisticated, for which reason our clients appreciate not only our legal knowledge, but also our abilities and enthusiasm to proactively elaborate the most suitable solution.

Whether it is about developing, acquiring, managing, or selling a property: We help to optimize the legal framework as well as with the negotiation and consummation of agreements and transactions.

Our focus is not limited to regular residential or commercial properties and includes also hotels, shopping centers and logistics properties. We also have extensive experience in infrastructure and turnkey projects as well as in various other special structures. Our extensive litigation experience allows us to identify pitfalls early in the project development phase and to work out counter-strategies that actually work.

We structure and advise with the acquisition or sale of a property as well as with the transfer of real estate portfolios. Furthermore, we help to legally structure and implement the acquisition or project financing of real estate transactions, including the equity, debt, or the financing by way of mezzanine capital or a mix of different lines of financing, respectively.

If conflicts are unavoidable, we litigate the disputes before court. Construction litigation matters and related evidentiary proceedings are part of the services we offer as well as complex property-related disputes.

We advise life science companies including pharma and biotech companies. We help with respect to mergers & acquisitions including the legal part of the financing, in particular, project financing starting from the early stage until the phase III study.

We also help with respect to intellectual property law including trademark and license law, competition law, public business law including the market approval of pharmaceuticals, novel food, and medical products as well as their distribution including the advertising law.

We routinely assist in all relevant matters related to trade, logistics and transport law. Domestic and cross-border sale, logistics and transportation agreements are governed by special rules and regulation, in particular, in case of multimodal transportation.

We draft and negotiate purchase agreements governed by international rules and regulation, as for instance the UN Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts and the ICC INCOTERMS®, as well as transportation agreements according to German law and international treaties, inter alia according to CMR (regarding the cross-border transport on the road) and the Montreal Convention (regarding the cross-border air transport).

Labor law is essential for any company. We help with respect to labor law matters, including employment agreements, notices of termination, or lawsuits against notices of termination etc. Furthermore, we help with respect to co-determination matters and collective bargaining agreement matters.

There is special regulation according to public law and collective bargaining agreements in several industries, in particular with respect to transportation, infrastructure or energy supply companies. Whether in case of shift work or the communication with the authorities: We understand the needs of a business in the respective industry and provide advice accordingly.

For purposes to assert a claim or to defend a client against the assertion of a claim, it is first of all crucial to assess the probability of success, on which basis the targets and the preferred strategy for the specific case will be identified. We represent companies, managing directors or members of the board of directors, shareholders, and members of the supervisory or advisory board, in lawsuits before courts and before arbitral tribunals in Germany and abroad, in preliminary injunction cases, and, depending on the strategy of the specific case, with respect to its settlement.

In particular, liability cases require very experienced attorneys, since they typically contain a very high level of complexity with respect to the facts and circumstances. A good litigation attorney is able to identify the core facts, and to present to the court the facts in a concise and the legal consequences in a convincing way. An excellent litigation attorney, furthermore, is able to proactively affect the case according to the strategy, inter alia by extending a legal complaint, raising countercomplaints etc.

Furthermore, we also cover all preventive, preparative, accompanying and downstream services, in particular: 

•   Negotiation and drafting of settlement agreements

•   Preservation of evidence

•   Choice of suitable expert witnesses

•   Enforcement proceedings

•   Alternative dispute resolution (ADS)

Profound knowledge in the procedural law is in a number of cases not enough to bring the case to success. Therefore, we also provide elaborated and established special knowledge. Whether corporate, financial, transport, distribution, investment protection, or intellectual property law, transactions or real estate: Decisive is the substantive law and the facts governed by such law. For this reason, our knowledge about litigation is linked to the knowledge about the substantial law and the specific industry which leads to optimal results.