WE SUPPORT YOU IN ALL MATTERS RELATING TO BANKING LAW

We support banks, savings banks, financial service providers and fintechs, investment companies and credit insurers in all matters relating to banking and capital market law as well as credit insurance law. This includes legal advice on project and real estate financing, loan collateralisation law, the law governing payments and supervisory law.

We can rely on a comprehensive experience in conducting lawsuits and represent credit institutions and financial service providers before courts all over Germany. We are involved in mass proceedings concerning closed-end funds including prospectus liability, structured bonds, model case proceedings under KapMuG (Act on Model Case Proceedings under Capital Market Regulations), failed real estate investments and revocations.

Our additional practice areas include the consulting of banks in the event of crisis of the borrower, during his restructuring or insolvency as well as in respect of the realisation of collaterals. Furthermore, we support banks and companies on insolvency issues, in particular to avoid claims for rescission but also at the enforcement of collateral rights vis a vis the insolvency administrator. We represent clients in committees of creditors and act as official receivers.

We can advise companies extensively on the structuring of their contractual relationships with banks and support them in negotiations with their banks against the backdrop of our experience in banking law. If companies are facing a crisis, we are available with our experience in coping with crises.

In close co-operation with our offices in Shanghai and Vietnam we support banks and companies in the field of export financing and credit insurance.

TEAM BANKING: Thomas Schikorra, Dr. Einar Recknagel, Nils Bräuninger LL.M., Bastian Siemsglüß LL.M., Justyna Lidia Niwinski, Dr. Barbara Plambeck, Hartmut Garz

EXTENSIVE CONSULTING IN ALL MATTERS RELATING TO CONSTRUCTION AND REAL ESTATE LAW

We offer our clients extensive consulting on all matters relating to construction and real estate law, in particular with a view to the realisation of real estate projects of all kinds.

We advise private and public clients but also building contractors from many different sectors in respect of large scale projects, new building projects and restructuring measures on all issues arising.

We also advise architects, engineers and project developers. We co-operate, more particularly, closely with liability underwriters of architects and engineers in view of supporting and representing their clients.

Our counselling encompasses the acquisition of real property, project management, planning and building execution to selling or letting of the completed real property.

We advise on the conclusion of real property purchase and sale agreements, with support for obtaining development rights and accompanying the building permit procedures. We assist our clients also in all matters relating to public procurement law and represent both public principals and bidders in the verification procedure under public procurement law before the court responsible for public procurement actions of the federal states and the federal government as well as the public procurement divisions of the higher regional courts.

We draft contracts of all kinds, for instance for concrete building projects but also standard terms and conditions. We advise our clients in every phase of the building process.

We support builder-owners in securing a contractual implementation of their project, in warding off unjustified claims and in enforcing warranty claims.

Building companies and consortiums of builders acting as general contractors are advised by us when entering into the building contract, to secure and enforce their claims for compensation of work as well as the avoidance of unjustified warranty claims.

TEAM CONSTRUCTION AND REAL ESTATE: Norbert Wendt, Thomas Peters

MANY SKILLS, HOLISTIC LEGAL COUNSELLING

In our CORPORATE Practice we pool different competencies. Apart from Commercial and Company Law, IT Law is the focus of our activities. Within the framework of our holistic counselling we work, however, also for our clients in the field of Labour Law, Data Privacy Law, Industrial Property Rights, commercial tenancy law as well as insolvency law.

We have been connected to most of our clients through a trusted client relationship over many years. We are dedicated to finding a solution to your concerns on the highest legal level and driven by results – above all by taking your economic interests into due account. We ensure this through clear contacts, manageable team sizes and flat hierarchies.

TEAM CORPORATE: Corinna Rindfleisch, Dr. Mark-Alexander Huth, Dr. Jörg-Michael Scheil, Johannes Thies, Bastian Grätz, Dr. Detlev Geerds, Milena Strathmann, Axel Neelmeier, Prof. Dr. Ralf Imhof

LABOUR LAW

Against the backdrop of the business law focus of our practice, we advise companies, managing directors and senior executives also on labour law issues. We support our clients in particular in respect of:

  • Employment contracts
  • Managing director service contracts
  • Disciplinary warning letters
  • Dismissals / dismissals with the option of altered conditions of employment
  • Proceedings concerning protection against unlawful dismissals
CHINA DESK

As far as the legal counselling of Chinese companies in Germany is concerned, SNB has been one of the first German law firms to operate in this field since the mid 1980s. Many Chinese investors and internationally operating Chinese companies contact us if they need legal advice in Germany.

Our sound knowledge of the particularities of the Chinese culture and negotiation tactics turns us, moreover, sought-after advisers for German mid-sized companies with business activities in China and/or business relationships with Chinese companies, also and in particular for more complex transactions under company law or co-operations.

We offer our Chinese clients, apart from the entire range of advisory services from our German practices (in particular in the field of commercial and company law, contract drafting as well as IT law and industrial property rights), mainly investment advice in the field of company acquisitions, greenfield investments and company locations. Consulting on the drafting of real estate, lease and employment contracts as well as the representation of Chinese clients in extra-judicial and judicial disputes round off our range of advisory services.

German clients with business activities in China and/or with Chinese companies are advised by us primarily on the selling of companies, the negotiation of joint venture contracts, co-operation, distribution and framework agreements as well as the protection of industrial property rights in Germany and abroad. As far as necessary in individual cases, we can rely on our international network of lawyers and tax consultants (IGAL) as well as many other contacts of our network also in other European and Asian countries with a view to quick and effective help.

TEAM CORPORATE: Dr. Mark-Alexander Huth, Johannes Thies, Axel Neelmeier, Dr. Pingliang Ge

DATA PRIVACY LAW

The handling of personal data is relevant for almost every company, in particular with a view to customer and employee data. In the wake of the entry into force of the European General Data Protection Regulation (GDPR) there is a need for adjustment in every company. In this connection data privacy cannot, however, be considered in isolation but is related to information technology.

WE ADVISE YOU:

  • on all legal data privacy issues
  • on customer and employee data protection
  • on the drafting of data privacy policies
  • on contract data processing agreements
  • in the event of incidents such as data leaks with voluntary disclosure obligation
  • on controls by the data privacy authorities as well as in fines proceedings

TEAM CORPORATE: Corinna Rindfleisch, Bastian Grätz, Prof. Dr. Ralf Imhof

COMPANY LAW/M&A

A special focus within our practice lies on company law. Our partner and specialist lawyer for commercial and company law, Dr. Mark-Alexander Huth, advises our mid-sized (national and international) clients extensively on all aspects of company law (eg in respect of formations, capital measures, the drafting of articles of association and shareholder agreements, restructuring / transformation measures, disputes amongst shareholders, etc).

As part of our competency in company law, we advise our clients also regularly on different (international) company transactions. We act both for purchasers and also for sellers. Depending on the focus of the transaction, we put together a persuasive team of experts and accompany you through all phases of the transaction.

We advise and accompany investments in target companies of many different legal forms, as a minority and as a majority investment, joint venture or private equity investment.

We have special experience in transactions involving Asian (in particular Chinese) investors. These transactions are characterised by a more extensive need for co-ordination and communication as well as complex decision-making and authorisation processes. You can leverage our many years of Asian experience

TEAM COMPANY LAW/M&A: Dr. Mark-Alexander Huth, Dr. Jörg-Michael Scheil, Dr. Olaf Schulz-Gardyan, Dr. Detlev Geerds, Johannes Thies, Axel Neelmeier

COMMERCIAL AND CIVIL LAW

We advise our clients on all aspects of commercial law, in particular concerning (international) contract drafting as well as distribution law. For our clients we draft and negotiate, for instance, the following contracts:

  • Framework contracts – sales and purchasing including IT procurement
  • Standard terms and conditions (sales/purchasing)
  • Distribution contracts
  • Co-operation agreements including IP (eg joint development of new products with a customer)
  • Quality assurance agreements
  • Logistics contracts, settlement of transport claims
  • Lease contracts, leasing

Moreover, we advise our clients regularly on different topics of distribution law (eg post-contractual sales agent indemnification payment claims), logistics issues (eg pallet exchange, warehousing contracts), product liability law as well as compliance aspects (and / or code of conduct).

YOUR PARTNER ON ALL ISSUES RELATING TO ENERGY LAW

Our team, which consists of highly specialised lawyers, advises and represents above all energy providers and utilities. Our clients include, more particularly, grid operators on all levels and other infrastructure companies as well as distributors. We support our clients on all issues relating to energy law in their business operations. Our clients benefit from our in-depth industry knowledge acquired over many years of activities.

DETAILS CONCERNING OUR MAIN FIELDS OF ACTIVITY:

GRID OPERATION

  • Competition for power and gas licences
  • Transfer of utility plants after a change in licence
  • Connection, purchase and remuneration obligations under the Renewable Energy Act and the Combined Heat and Power Generation Act
  • Biogas feed-in
  • Connection obligations under the Energy Industry Act
  • Grid access
  • Grid Charges Regulation
  • Individual grid charges
  • Abuse proceedings
  • Land and route usage
  • Licence fees

DISTRIBUTION

  • Price adjustment clauses
  • Debt collection
  • Disputes under competition law

For special issues we can also put together larger project teams with other practices and locations. On this basis we can also support energy providers and utilities in the following areas:

  • Procurement law
  • Real property law
  • Building law
  • Commercial and company law
  • Industrial property rights
  • IT law
  • Banking and capital market law
  • Investments in China and Vietnam

 

TEAM ENERGY: Dr. Olaf Schulz-Gardyan, Martin Stangl, Andreas Bremer, Carina Marie Clos,

OUR PORTFOLIO IN INDUSTRIAL PROPERTY RIGHTS

INDUSTRIAL PROPERTY RIGHTS usually constitute a combination of different legal areas in respect of which our expert knowledge focuses in particular on competition law, trademark law and copyright law. Copyright law is directly related to IT law and refers in addition to software also to many other types of works – the key element being the safest possible granting of rights to use.

In our advisory services on competition law we focus on the defence of advertising measures in respect of which our clients occasionally “sail close to the wind”.

EXAMPLES FROM OUR IP PRACTICE INCLUDE:

  • Licence agreements, in particular concerning trademarks and copyrightable works
  • Contracts for the acquisition of rights
  • Trademark registrations and other trademark related measures, including support in disputes and drafting
  • Differentiation agreements
  • Advice on the safe legal handling of IP rights in the company, eg participation in IP strategies and the corresponding handouts
  • Advance review of planned advertising measures
  • Court representation in competition law matters, including interlocutory injunctions

TEAM IP: Dr. Jörg-Michael Scheil, Corinna Rindfleisch, Bastian Grätz, Prof. Dr. Ralf Imhof

IN THE ERA OF DIGITALISATION

INFORMATION TECHNOLOGY no longer has anything to do with “New Economy”. Information technology and all associated aspects of information security and DATA PRIVACY are at present amongst the fundamental topics which every company has to deal with. We advise primarily suppliers – but also users – of information technology at the drafting and negotiation of contracts and accompany complex IT projects – if necessary also their winding up after disturbances in the project. IT law and, more particularly, contract drafting, is subject to a permanent change, such as the comprehensive transition from software purchasing and maintenance to cloud solutions and software as a service. We are committed to contributing a basic understanding for the technical and organisational bases of information technology.

The handling of personal data is relevant for almost any company, in particular with a view to customer and employee data. In the wake of the entry into force of the European General Data Protection Regulation (GDPR) there is a need for adjustment in every company. In this connection data privacy cannot, however, be considered in isolation but is related to information and system security within the company.

In our daily practice we deal with:

  • Drafting and negotiation of IT contracts and standard terms and conditions
    • Accompaniment of complex IT projects from the LOI to the rough concept and development and subsequent licensing
    • Advice at the design of new business concepts and licence models, eg for community solutions
    • Representation in disputes, eg after the failure of projects
    • Adjustment of company processes to the new data privacy law

TEAM IT: Corinna Rindfleisch, Dr. Jörg-Michael Scheil, Prof. Dr. Ralf Imhof, Bastian Grätz

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