Attorneys at law in Berlin-Charlottenburg, since 1996

We advise our clients in the founding, legal administration, modernisation and disposal of their business ventures.

Our advice in this area is centred around choosing the correct company form taking into account liability, internal organisation, financing and refinancing, for example via sale of shares. The formulation of a company’s articles of association should enable the history, current status and also possible future shareholder options to be aligned. Examples of our work in this area include binding shares, their recovery in a crisis and the regulation of other competition between those involved.

Commercial life today forces companies to continuously adjust or realign their areas of business. Their legal framework must therefore be able to keep pace with such developments; one must regularly examine whether existing structures are appropriate to meet current demands, whether this be in terms of company succession, disposal, credit management or even a crisis situation.

Acquisitions or sales of companies are undertaken in the form of share and asset deals or according to the Act on the Transformation of Companies (Umwandlungsgesetz). After the object of purchase has been presented and the offers examined, one of the most important elements is the effective protection of the company’s know-how and competitive advantage during the often highly sensitive negotiation process. Company acquisition contracts are complex and the issues which arise are often of an existential nature. The object of the agreement in the case of company acquisition must be structured. It must be prepared and optimised for the sale process; from a purchaser’s point of view such a company has to be thoroughly scrutinised in the due diligence process. Potential pitfalls may exist even simply in exclusivity or confidentiality agreements. There follows the information memorandum, management presentation and the LOI/Term Sheet. We negotiate competently and passionately in your interests until your agreement is firmly in place.

Contact: Dr. Christian Herbst, Dr. Martin Dietrich, Dr. Anke Bauermeister, Julian Veith

Our clients range from creative individuals such as authors, designers, photographers, artists as well as cartographers and programmers to exploiters of their work such as publishing houses, advertising agencies, galleries, software companies, film producers and media companies. The crux of this area is copyright which is undergoing a constant and rapid development in the modern information society. At the same time, creators and rights owners now find themselves much more vulnerable to infringement due to the new conditions borne of the Internet.

We help our clients in the correct construction of all contractual agreements related to copyright. Our work is primarily in contractually securing the exploitation of copyright-protected works and other material. In the case of copyright infringements through reproductions, distortions and plagiarisms, we assert the rights of our clients both in and out of court. On the other side, we protect our clients from unfounded claims against them.

Authors, publishing houses and media companies are also active within the field of media law which covers areas of life with a pronounced publicity side. Success and attention in today’s media requires considerable financial outlay and carries a high level of risk of being subject to claims. We advise media companies on the planning and implementation of their business activities. This begins with financing and includes the many various legal relationships to those involved in the creative process. We represent media companies as well as affected individuals in the area of conflict between reports in all types of media (press, radio, Internet) and the protection of personal rights.

Contact: Dr. Klaus Tim Bröcker, Anna Negelein

In our globalised world, the significance of the names of companies, products or services is constantly increasing. Consumers and target audiences associate a particular trademark, a particular label with a certain level of quality and certain values. Brand identities, with which numerous products can be given a specific image and character, must be comprehensively protected through trademarks. Unlike copyright protection, trademark protection is only established by means of the correct legal process. We can advise you from beginning to end of this process: we can assist you in the development of marketing strategies, undertake trademark research, register your trademarks on a national and international level, support you in the administration, licensing and monitoring of your trademark portfolio and ultimately take action against infringers both in and out of court. On the other side, we also protect you against unfounded claims.

Patents and utility models protect your inventory activities. We advise you on the exploitation of your protection rights through licensing or transfer and represent you in the case of disputes at the specialist courts. Of further benefit to you is our fundamental understanding of technical relationships and our cooperation with renowned patent attorneys. We are familiar with the peculiarities of patent infringement proceedings and their interrelationship with opposition and nullity proceedings before the patent offices and relevant courts.

We advise on all aspects of the interdisciplinary field of IT Law. This includes the creation of bespoke contracts such as software development and licensing agreements, support and distribution agreements, outsourcing agreements, ASP agreements and industry specific terms and conditions. We advise on IT projects at all stages from the initial planning through contractual negotiations to the implementation phase. We also provide legal advice on all aspects of Internet domains including so-called web-audits. In recent times, our clients have frequently approached us for advice on matters of data protection due to the increasing regulation and awareness of issues within this area.

Contact: Dr. Klaus Tim Bröcker, Anna Negelein

Real estate offers security but also unpleasant surprises for all involved. We offer support in this field on all aspects of acquisition, planning and construction right through to marketing and rental of the property. In this role, we advise real estate owners, private and commercial real estate buyers, architects, construction companies, developers and estate agents. Due to our diverse client base, we fully understand the different interests concerned from each of the various perspectives.

As a high level of investment is usually committed to real estate and construction plans, incorrect decisions or delays can quickly lead to financial difficulties for the parties involved. An immediate response can thus be crucial in this area and any decisions should involve an expert advisor from the earliest possible stage in order to avoid far-reaching financial consequences.

This is especially relevant in respect of construction projects, be it on the basis of legal requirements governing works and services (Werkvertragsrecht) or the standard contracting terms (Verdingungsordnungen). The situation is further complicated in that the legal foundations are undergoing constant change, subjecting construction companies as well as principals and architects to extra demands in respect of producing formally correct contractual arrangements as they seek to safeguard their legitimate interests. We are happy to assist our clients in overcoming these hurdles.

It is not unusual for the estate agent’s commission demands to be met with little enthusiasm by the parties to the main agreement. However, the basis for the legality of this demand is laid early in the process after contact with the client has been made. The assertion or rejection of just or unjust commission demands is thus time and again part of our courtroom work.

The economic viability of a commercial property is ultimately based on its rental being in line with the market. The legal structure of a commercial real estate contract has the potential to crucially influence the profitability of the property for years to come. However, the pressure which can be exerted by a commercial tenant should not be underestimated, as rental costs can often represent a considerable cost factor in the tenant’s business. We also possess many years of experience advising either side in this delicate area of business.

Contact: Dr. Christian Herbst, Dr. Martin Dietrich, Julian Veith, Dr. Anke Bauermeister

We advise companies and their management on how best to cope with a business crisis. Our legal advice on restructuring and insolvency is primarily called upon by medium sized enterprises, real estate companies and self-employed professionals.

Our efforts are centred on avoiding insolvency proceedings either by restructuring a company, through debt adjustment or refinancing plans. We assume responsibility for negotiations with all participants, in particular creditors, employees and where relevant new investors. We have, for years, been negotiating on behalf of our clients with the restructuring departments of banks and other financial institutions.

If such crisis management measures yield no success, we discuss the risks but also the opportunities presented by insolvency proceedings. The latter are often underestimated in such cases. The preparation of continuation solutions is one of the services we offer as well as the drafting and implementation of insolvency plans. In suitable cases, we can advise companies on the self-administration in insolvency (debtor in possession). We are able to employ our extensive knowledge gained from working for renowned insolvency administrators. We have drawn up and implemented restructuring plans in numerous cases both in and out of court.

A crisis can also harbour special liability law and criminal law risks for management but also for the shareholders or partners of the company. The interests of the company, the shareholders and the management often diverge. Any potential risks, in particular relating to substitute equity law, right of avoidance and commercial criminal law (white-collar crimes), should be isolated and dealt with at an early stage.

Contact: Dr. Christian Herbst, Dr. Martin Dietrich

The knowledge and experience we gained in negotiations with banks as part of the restructuring of nonperforming real estate investments, led to us becoming increasingly involved in preventative measures in the financing of companies. In light of the sometimes painful experiences of our clients, we recommend alternative financing concepts alongside bank financing when strengthening the equity base.

When entering into financing negotiations, the later position of the borrower should a crisis emerge should be considered in respect of securities (e.g. drafting declaration of purpose), transferability of outstanding loan payments to third parties, diversification of the overall financing and the person of the borrower and so on.

It is our aim to enable our clients to access capital markets whilst taking into account the considerable new regulations, in particular Securities Trading Law and Prospectus Law.

In addition, we advise financial services providers and structure their dynamically developing financial instruments according to relevant regulations. Derivatives, futures, options, CFDs, forex trading and the risks and costs directly associated with these products which our clients should be made aware of are the subject of our work, in particular in respect of the European Markets in Financial Instruments Directive (MIFID).

Contact: Dr. Christian Herbst, Dr. Anke Bauermeister, Julian Veith

Biotechnology and the so-called health sciences are a further expertise of our law firm. We assume responsibility within the European Network for Regenerative Medicine for the area of regulation. The recent groundbreaking achievements in medical and biotechnological research have presented legislators with new challenges – an end to the regulations is not in sight.

Our clients are primarily inventors and as such company founders. They often come from the field of natural sciences.

Our work thus covers employee invention law and the legal framework of technology transfers from university to industry. The main issue is bringing the legally protected invention into a business venture for which financing must be secured. In order to obtain (venture) capital and public funding, a suitable business form must be created in accordance with company law.

We advise our clients on working together with the pharmaceutical industry and manufacturers of medical products. A key element, when working with major companies, is securing the inventor’s and consultant’s share of the exploitation of the results of such cooperation arrangements.

The field of life sciences enables our firm to combine its expertise in commercial and company law, as well as intellectual property, especially effectively.

Contact: Dr. Christian Herbst, Dr. Klaus Tim Bröcker

Liability and its insurability can define business to a greater extent than currently perceived by businesspeople. A functioning insurance market for the fundamental risks created by operating in a globalised market is essential.

The insurance of product and environmental liability is one specific aspect of this issue. However, the personal liability of management is coming increasingly to the fore. Such liability may to a certain extent be insured under Directors and Officers Liability Insurance (D&O).

The liability risks for the enterprise and its management govern the daily work of the corporate lawyer. Thorough knowledge of the insurability of prominent risks is crucial. We rely on our own extensive experience of the insurance industry both in Germany and abroad.

Contact: Dr. Christian Herbst

Our clients hire employees but are also employed themselves as managers and directors. We can advise you in matters of employment law and civil service law. We clarify all legal questions related to the initial employment right through to its eventual termination.

Businesspeople want their companies to work and as such seek swift, pragmatic solutions for their key resource – their workers. The large number of existing rules must remain manageable. Efficient solutions must be sought whilst recognising the restrictions inherent in existing regulations – at times quite a fine line.

We structure employment contracts and other employee agreements. Furthermore, we remain on hand to advise on any issues arising from the employer-employee relationship such as the payment of continued remuneration, payment in lieu of holiday, effectiveness of fixed-term contracts, working time regulation, non-competition provisions and confidentiality agreements. We are in a position to advise you, in connection with the termination of employment relationships, on the best solution in respect of general and special dismissal protection legislation as well as, where applicable, the involvement of a works council. We can conduct and advise on dismissal protection proceedings as well as other (status) cases.

Contact: Dr. Martin Dietrich, Julian Veith LL.M., Anna Negelein

Mediation is a guided, structured process for conflict resolution. The scope of application begins where a conflict cannot be resolved without external help. Far too often, a court is involved as external help at this stage. However, court proceedings can be costly and, above all, take a very long time. But most importantly, they do not resolve the actual conflict, but give something to one party and not to the other. The relationship between the parties – let them be companies or individuals – then usually ends forever.

The goal of mediation is to create a balance between the interests of the parties as a whole. In doing so, we find it most important to first building up an understanding of the other party’s position through mutual exchange about the background to the conflict. Specific techniques are then used to search for possible solutions, which need not be limited to the conflict itself. The mediator does not intervene in the decision-making process, but merely supports the conflict parties in finding a solution by means of a structured approach. At the end, the results are fixed in a written agreement.

Our experience with mediation has been extremely positive. Once the parties agree to mediation – which is unfortunately still the biggest hurdle today – the probability of a successful outcome is extremely high.

Contact: Dr. Martin Dietrich