Corporate law

Most corporations are subject to constant, fast and ongoing development processes. These developments combined with other factors such as strategic realignments or financial needs often require changes in the company´s corporate structure.

We provide the following services in the field of corporate law:

  • Legal advice pertaining to the foundation of companies and affiliate companies
  • Drafting of corporate agreements (articles of association, by-laws, etc.)
  • Legal consulting regarding sale and transfer of companies (share deals, corporate restructuring, etc.)

IT Procurement Law

Government contracts are usually awarded in strictly formalized procedures. A formal error in the bid may result in the bidder not being considered for the award. As a rule, it is not possible to make subsequent improvements to the bid. Plus, if there are errors or ambiguities in the tender documents, or in the procedure, the bidder must take action against them within a few days, after which a bidder may no longer remedy any deficiencies. Conversely, public authorities must take care not to make any errors in the tender documents or in the award procedure, as this may lead to the entire procedure being annulled. A legally relevant error can result not only from violations of formal requirements, but also from circumstances that can lead to one or more bidders being disadvantaged. Annotations to public procurement law are provided in our book “Procurement of IT Performances and Services“, Heidelberg, 2nd ed. 2022.

We consult and support both the government side and the supplier side with the following services:

– Consultancy for bidders in the preparation of any bid and for the public sector in the preparation of award documents

– Advice and support in the award procedure, e.g. in the raising and responding to a formal complaint

– Examination of the prospects of success pertaining to any review proceedings and representation in such review proceedings

Government contracts in the IT sector are often awarded on the basis of the EVB-IT. We consult the public sector as well as the bidder side in the use of these documents as well. Please find more details here.

Employment law, Mobile business, Teleworking

Not at all do the legal requirements of corporations stop short of employment law. Due to the increasing use of the Internet, smartphones and notebooks, the legal obligations on the protection of the employees´personal data and the employer´s business data need to be carefully drafted and strictly adhered to by everyone involved. Flexibility regarding place of work is more than just words when it comes to mobile business and teleworking.

We provide the following services pertaining to employment law:

  • Guidelines on the protection of personal data agreements
  • Use of telecommunication means and devices on and off premises
  • Use of the Internet, private E-Mails, smartphones and tablet computers, BYOD
  • Mobile business and teleworking
  • Provision of employment contracts
  • Evaluation of and check-up on potential risks regarding the supply of temporary workers
  • Out of court negotiation
  • Litigation

Product liability law

It is no secret that corporations face a number of risks that may cause severe bodily injuries as well as substantial damages to the property an financial losses to their customers such as for example lost profit. Moreover, corporations distributing embedded systems are exposed to significant product liability risks and/or considerable financial losses, in particular in the event of worldwide recall actions.

Therefore, it is indispensable for corporations and their executive staff to take care of their potential liability risks. First, it is necessary to negotiate the necessary liability restrictions. Second, an adequate business liability insurance is mandatory as some courts have decided that the corporation´s executive staff may be held personally liable in the event they have negleted their duty to provide for adequate business liability insurance. Third, it is advisable that each corporation trains its key personnel on the field of product liability law to avoid unnecessary exposure to liability risks due to mistakes on the field of IT contract law.

We provide the following services pertaining to liability law and business liability insurance:

  • Legal assistance in negotiations of master agreements with regard to special terms on warranties and liabilities
  • Examination and identification of possible gaps and loopholes in your company’s business liability insurance
  • Negotiation of business liability contracts
  • Out of court negotiation
  • Litigation