Commercial law and commercial criminal law

The lawyers of HUEMMERICH legal partnership have built up their wealth of experience with a specialization in banking and capital market law. This is based on representations of clients in legal actions relating to investor protection of lenders and debtors, and representation of “New-Economy”-companies while implementing products, which are subject to regulatory supervision by banks and security papers as well as individual supervision.

We check offers of franchisors from a legal perspective and arrange contacts with specialized experts to undertake the economic analysis. In addition, we provide a legal review of existing franchise contracts and a regular counseling including court representation.

We implement design measures and thereby give advise about measures pertaining to corporate law, goals and alternatives.

In consultancy relating to issues of corporate law, tax-based questions also play a significant role so that we regularly work with competent tax professionals. Additionally we also offer our clients cooperation with their own tax consultant.

During conflicts between shareholders, a separation of disputing parties is often unavoidable so that an agreement about acceptable conditions can be reached in disputes. It is essential that the consultant knows and employs all instruments of corporate law as well as tactical economic instruments. Partners of HUEMMERICH legal have longstanding experience in this field. We regularly aim at early settlements of such disputes since they tend to be time consuming and costly the longer they last. We nevertheless represent our clients with the necessary persistency if litigation is unavoidable.

Distribution networks, which are marked by commercial agent systems, particularly correspond to medium-sized companies.

We are experienced at advising parties involved in such systems from different sectors. We assist our clients from selection and design of distribution systems up to process development. For existing contracts, we consult our clients on issues such as commission schemes, notice periods, causes, territorial protection, and subsequent protection against competition and equalization claims.

Our focus lies on software acquisition and sales as well as standard and customized software. Furthermore, we give you advice in all questions of “e-business” and thereby we regularly advice on questions related to Internet law, distribution law and competition law. In addition, questions related to the Remote-Purchase law and data privacy law play a role in this field.

However, if the business model or the takeover of business operations of a competitor violates antitrust laws, the legal damage will become very large.

For medium-sized enterprises, it is essential to know whether take advantage of market opportunities within the limits and when the antitrust law would enter into force. We preferentially provide advice in preparation of cooperation agreements and implementation of bonus systems. Moreover, we represent clients in connection with merger control procedures.

In particular, it is necessary to analyze the usefulness and advisability of group structures based on legal questions. For example, group structures make it necessary to consider questions concerning jurisdiction and responsibility for financial risks, the question of hidden contribution and post-formation or examination of the liability due to collateralization. Furthermore, accounting policy of the group becomes particular important. In connection with these areas of consultation, the professionals of HUEMMERICH legal are at your disposal.

It is essential to have a brand strategy as well as an application strategy for the brand in order to create this added value or to protect the existing one.

We advise your company as well as individuals on strategic issues and assist our clients from the trademark application up to its licensing. We are able to monitor and defend the brand by carrying out registrations at the German Patent and Trademark Office as well as the European Trademark Office and the organizations of the Madrid Agreement and Madrid Protocol.   

A privatization project needs regular consultation based on a multitude of legal fields in order to find comprehensive solutions for its problems.

Thanks to our specialization, we can take these requirements into account. In addition, a network of appropriate consultants is available to increase the required team. In the past years HUEMMERICH legal has already developed innovative privatization models for individual projects, especially for problems relating to service and labor law.

We represent small and medium-sized service providers for telecommunication, which are partly integrated into large telecommunication groups.

We offer our clients drafting and review of standard contracts, and business conditions with telecommunications customers. In this context, consumer protection provisions of special laws with regard to the telecommunication sector are the main examination subjects. We work together with contact persons of the regulatory authority while drafting contracts. This has proved its worth in the past.

This development is favored by the half-income method (a taxation concept of German tax lawmakers), on the one hand, and by company successions in family businesses on the other hand.

We regularly advise either purchasers or sellers in designing and negotiating these transactions. Depending on the requirements of the advisory tasks, we call in consultants from our network with which we have made good experiences. We guarantee that the process is supervised with technical competence, experience and sensitivity at any stage of the transaction.

The integrated consulting includes the adaptation of business structures and legal forms to changing economic, legal and fiscal conditions. Each selected business structure needs to be reviewed on an ongoing basis. This is particularly the case where a company succession starts or the admission of new shareholders is desired. The timely adaptation of business structures to reality and their requirements guarantee, on the one hand, that a company has a tax-optimized organizational structure and on the other hand, that disputes between stakeholders can be avoided. 

It was and is subjected to a particular dynamism. At present, the progressive digitalization and efforts for international unification causes these rapid developments. Significant modifications of the copyright law took place in 2004 and in 2007 (the so-called “second basket”). These modifications had their basis mainly in the European Copyright Directive 2001/29/EC but still cause the necessity of the advisors attention in cross border related cases.

We inspect intellectual creations of our clients for legal eligibility and utilization. We advise clients on contract design and guarantee their copyrights and, if necessary in legal proceedings. Lastly, we consult during the preparation phase and implementation of recycling concepts.

We advise our clients on selecting a suitable sales concept and adaptation of existing structures.

Besides that, we consult manufacturers, sales organizations and the parties involved on direct sales and secondary distribution.

Our consultancy ranges from draft contract regarding contract negotiations to the litigation. The international experiences of our professionals allow us to provide advice regarding cross-border structures.

One reason is the elimination of legislations on discounts and the Rebate Act and lastly, the German Unfair Competition Act (UWG), which creates scope for companies to implement advertising materials. Moreover, sales and advertising via Internet provide new possibilities but also risks. Mere negligence as well as anti-competitive violation is a reason to admonish competitors and if competitors claim their right, it will lead to high costs for pre court settlements or litigation. The same applies to legal damages: they can be disastrous. In order to limit the risks, it is recommended to have consultation regarding competition law even for simple advertising activities. We are happy to do this for you and of course, we also represent you in court if required.  

In this case, provisions of special laws, for example the German Unfair Competition Act (UWG) or the German Companies Act (GmbHG), also play a role besides the rules of the criminal code.

Because of this closer connection with business laws, it is significant that the competence of the criminal defense lawyer is not sufficient to optimally represent the interests of the defendants. He has to be an expert in the field of the respective special right. If the accusation of disloyalty is made by the management board of a stock corporation to the director of a limited company, the criminal defense lawyer should know the applicable standards referred to stock corporation law, procurement law, LLC law and insolvency regulation in order to guarantee an effective legal defense. At the same time, the criminal defense lawyer needs to have sensitivity for the necessities of the defendant.

We consult, as far as possible, in terms of criminal liability and put a special emphasis on advising company bodies of corporations, in the case, of imminent insolvency. Furthermore, we are at your disposal to defend you in preliminary proceedings as well as legal proceedings. In preliminary proceedings, we ensure short response times in order to avoid mistakes, which can be made by the defendant at an early stage of the proceedings.