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For businesses

Legal certainty for companies — nationally and internationally.

Companies rarely need an expert opinion; they need a basis for decision: What is the starting position, what options exist, what do they cost, and what risk remains? We work accordingly — analytically, concisely and with an eye to the economic effect.

General information. The legal assessment depends on the circumstances of each case.

  • Circumstances

    Clarify the context

  • Evidence

    Preserve documents

  • Deadlines

    Explain any urgency

  • Approach

    Discuss the next steps

Topics in detail

Three areas for sound business decisions

Each page explains typical questions, shows hypothetical examples and describes which documents help and how a review proceeds.

Overview

Four areas in which companies instruct us

In practice the occasions fall into four groups. First, drafting: contracts, general terms and conditions and security interests — that is, the foundation on which every later dispute is decided. Second, compliance and internal processes, especially where payment approvals, powers of attorney and responsibilities are regulated. Third, payment fraud — by now a standard risk, not an exceptional case. Fourth, disputes: with customers, suppliers, shareholders or corporate officers.

These areas are interlinked. A case of CEO fraud is at once a compliance issue, because it exposes approval processes, a civil-law issue, because claims and insurance cover must be examined, and a criminal-law issue, because a complaint can open investigative powers. We therefore do not treat such cases sequentially, but in parallel — with a fixed contact person who keeps the overview.

Where there is a foreign element, a further layer is added. As soon as a contractual partner, a payment route or an asset lies outside Germany, jurisdiction, applicable law and enforceability decide the outcome, often more strongly than the substantive legal position. We examine these points at the outset and not only once a judgment exists that cannot be enforced.

Discussion of a company mandate
Contract drafting, compliance and disputes are handled together, so that a complaint, payment tracing and claim enforcement do not run against one another.

Practice areas and specialisms

How we assist companies

Which of these services will hold in your case emerges from the facts. We agree possible measures with you in advance, including the expected costs.

  • Commercial contracts

    In a dispute, contracts decide more than the statute. We draft and review them from the typical conflict case, not from the ideal course of events.

    • Supply, services and framework contracts
    • General terms and conditions and their effective incorporation
    • Choice of law, place of jurisdiction and arbitration clauses
    • Security interests, retention of title and payment terms
    Find out more
  • Compliance & internal processes

    Most losses arise not from missing rules, but from rules that can be circumvented in everyday practice. We look at where that is possible.

    • Approval and four-eyes processes in payment traffic
    • Powers of attorney, responsibilities and representation rules
    • Documentation and retention duties
    • Duties to act of the managing directors in a crisis
  • CEO fraud & payment fraud

    Alleged instructions from management, manipulated invoices, changed bank details. The loss arises in minutes; recovery is time-critical.

    • Immediate measures: recall via bank and payment-service provider
    • Evidence preservation including e-mail headers
    • Review of insurance cover and recourse options
    • Criminal complaint and accompaniment of the investigation
    Find out more
  • Corporate and officer disputes

    Disputes in the internal relationship bind attention and damage the business. A clear strategy is more important here than a quick step.

    • Shareholder disputes and defects in resolutions
    • Directors’ liability and claims against management
    • Exclusion, compensation and share valuation
    • Disputes with foreign shareholders
    Find out more

Overview

When a call is worthwhile

The following scenarios describe typical starting positions, not concrete mandates. They show at which point a review may be required.

  1. 01

    A payment has gone to the wrong bank account

    Here, hours count. Recall and information procedures are bound by deadlines, and assets are frequently forwarded within days. The earlier the bank, payment-service provider and insurer are involved, the more options remain — an outcome, however, cannot be promised.

  2. 02

    A larger customer is no longer paying

    Before the demand letter comes the examination of whether the claim is documented and the other side is solvent. If insolvency is emerging, urgency may be required, among other reasons because of possible avoidance risks in the case of payments made later.

  3. 03

    A framework contract is about to be signed

    The most favourable time for legal review is before the signature. Particularly relevant are liability provisions, terms and termination rights, as well as place of jurisdiction and choice of law where contractual partners are abroad.

  4. 04

    A shareholder is blocking decisions

    Depending on the articles and the shareholding ratio, different routes may come into consideration, from a challenge of a resolution through to exclusion proceedings. The sequence of steps significantly affects the negotiating position.

Contact

Describe your matter

An enquiry does not establish a client relationship or responsibility for monitoring deadlines. If a deadline is approaching, do not rely on this form alone.

  • General information. The legal assessment depends on the circumstances of each case.

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