For many industries, Germany is a highly attractive place to do business. Its location at the heart of Europe, combined with a traditional openness for foreign investment, and Germany’s ever-innovating creative class make our country a prime business hub of the twenty-first century. Accompanying international clients doing business in Germany is what we do on a daily basis. Many independent law firms around the world have chosen us to act as local German counsel in cross-border matters.
The need for commercial advisory services often arises early on – even before market entry. Examples include distribution and supply contracts, minimizing liability hazards, and dealing with commercial leases. Often instructed by lead counsel based at group headquarters abroad, we will make every effort to streamline local contracts and processes to corporate culture and cross-jurisdictional needs. Representative matters include advising a French food retailer on distribution models when entering the German market, or advising a U.S. manufacturer of medical devices on a large number of market entry-related issues. Many more examples of representative matters are available from our web site. Aside from non-contentious work, we also have many years of experience in handling commercial disputes involving Germany, including as co-counsel to foreign or international firms.
Our dedicated practice in construction (including infrastructure, real estate and financing) allows project developers, investors, contractors, suppliers and all other industry stakeholders to rely on our deep sector-specificknowledge and on our peer-recognised, strong legal skillset when it comes to managing the legal aspects of major projects and investments. We prepare and negotiate construction and infrastructure contracts ranging from the German standard VOB/B to FIDIC and bespoke contracts, from collaterals to professional services and supply contracts. We regularly handle claims management assignments as well as adjudication, DAB, and, if unavoidable, construction arbitration and litigation cases, in which we are particularly versed. As a representative matter, we have advised and represented the Federal Republic of Germany in a large number of domestic and international construction matters. Many more representative matters are available from our web site. Partner Dr. Rouven F. Bodenheimer has co-authored several current FIDIC contracts.
BODENHEIMER HERZBERG know how deals develop in Germany because this is what we do. Having accompanied a significant number of successful German M&A transactions, we know the pitfalls on both, sellers’ and buyers’ sides. Clients benefit from our insights, both, as deals unfold, and in any post-closing disputes. We also routinely handle restructurations, post M&A integration, and corporate housekeeping matters. Beyond equity-driven deals, complex projects often require complex and stage-specific financing solutions. From loans to guarantees to mezzanine transactions to employee stock option plans to innovative fundraising devices such as ICOs, BODENHEIMER HERZBERG blend international project finance skills with a deep
knowledge of the German regulatory environment. Clients and lead counsel in other jurisdictions profit from our pragmatic, result-oriented approach. Examples of our M&A and other deals are available from our web site. Additionally, we permanently handle a large number of post M&A arbitrations, both as party’s counsel and as arbitrators, with the amounts in dispute often sitting in the two- or three-digit million EUR range.
IP / IT
Intellectual property rights constitute many companies’ most valuable assets, and information technology is an indispensable tool for any business – not just tech companies. These areas are particularly relevant for foreign businesses setting foot on the German market. On market entry, issues typically arising early on are linked to securing trademark and design protection, bringing marketing practices in line with local legislation, and dealing with interfacing issues between distribution agreements and anti-trust legislation, in particular on account of the Vertical Restraints Regulation.
BODENHEIMER HERZBERG stand by the side of clients and lead counsel abroad seeking to perfect IP protection in Germany and ensuring compliance with unfair competition and anti-trust laws. Our team has the relevant technical understanding to ensure novel technologies will get the legal protection they deserve. We have advised a large number of app developers and other digital entertainment companies on making their products compliant with the German regulatory environment.
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