Legal advice for plant and mechanical engineering

Collective Bargaining Law and Restructurings​​

Your order situation fluctuates. The economic framework conditions are becoming tighter. And the collective agreements of the metal and electrical industry leave you little room for maneuver. But right now you need clear solutions – not additional obstacles. We know the challenges: personnel adjustments are necessary, but collective bargaining exclusion of termination and negotiations with employee representatives make them complex. This is where we come in. With precise advice, we show you how to act in a legally secure manner – without unnecessary risks or delays. You are facing difficult decisions. We provide the clarity you need to implement them confidently.

Contact us – and shape your restructuring with foresight.

Our focus areas

• Personnel adjustments for personnel cost reduction and optimization, especially in the case of production relocations or a decline in demand
• Possible reactions to slumps in orders, in particular short-time work and working time flexibility
• Support for negotiations with works councils and the trade union (in particular reconciliation of interests, social plan or restructuring collective agreements)
• Use of external personnel to bridge order fluctuations
• Labor law due diligence when purchasing M+E companies in Germany

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Foreign Trade Law, Customs & Export Control

Your machines and systems are in demand worldwide. But with every export, the legal hurdles grow: foreign trade law, customs regulations, export controls – especially for high-tech products and sensitive technologies. Here you need clarity, not uncertainty. We accompany you through the complex set of rules. Whether investment reviews, approval procedures or dealing with export restrictions: We ensure that your international business runs in a legally secure manner. Without risks. Without delays. You have ambitious goals in the global market. We pave the way – with precise advice and pragmatic solutions.

Contact us – and trade internationally with the necessary legal certainty.

Our focus areas

• Export control, foreign trade law and sanction regulations, including dual-use classification, technology transfer and approval procedures
• Review of customs health checks or export control checks
• Support for investment controls: from the review according to AWG/ AWV to certificates of non-objection, also for foreign investors
• Excise duty, customs tariff issues, special customs procedures as well as preferences and rules of origin
• Advice on trade policy measures such as anti-dumping, tariff quotas, suspensions and import restrictions
• Advice in the context of e-commerce, international contract drafting, risk management, compliance and IT customs systems
• Legal representation before authorities and courts
• Offering of tailor-made training courses and knowledge transfer for companies and employees

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Capital Market and Financing

High capital requirements, long project cycles and complex plant structures challenge your mechanical engineering. At the same time, access to debt capital is often limited – especially when you need to develop new technologies, open up markets or avert crises. This is where we come in. With innovative financing solutions that are tailored to your challenges. Whether alternative sources of capital, structured financing or strategic partnerships: We create the basis for you to remain capable of acting – today and tomorrow. You need room for investments. We pave the way.

Contact us – and let us jointly strengthen your Financing Strategy.

Our focus areas

• Advice on equity and debt financing
• Financing of acquisitions and investments
• Structuring of international loan agreements for plant manufacturers with bank pools
• Advice on investments in start-up and VC area for Industry 4.0 technologies
• Structuring of international cash pools and project financings

Disputes & Litigation

Your projects are becoming more complex. The markets more unpredictable. And suddenly you are in a dispute – with suppliers, partners or customers. This is exactly where we come in. We know the industry. We know the procedures. And we know how to not only resolve conflicts in plant and mechanical engineering, but also avoid them from the outset. With a specialized working group that combines many years of procedural experience and in-depth industry knowledge. Whether contractual disputes, delivery delays or quality issues: We analyze, act and secure your interests – so that you can concentrate on what really counts. You are facing a conflict. We pave the way to a solution.

Contact us – and let us jointly develop the best strategy.

Our focus areas

• Extrajudicial support for plant manufacturers and suppliers in developing conflicts (in particular support with “process-safe documentation and securing of evidence”)
• Mechanical engineering litigation before national instances as well as national and international arbitration proceedings, especially in the areas of:
  • Plant delivery and acceptance (including warranty claims)
  • Product liability
  • Distribution law
  • IT/IP (e.g. technology and patent disputes)
  • Corporate
  • Post-M&A
• Judicial defense against antitrust fine orders before German or European instances, antitrust damages as well as antitrust disputes arising from compliance violations
• Mass proceedings (Mass Litigation)​

Company-internal Understanding to Avoid Organizational Fault and Fines​

Compliance is more than an obligation – it is your protection. Even targeted measures and adapted processes can prevent organizational fault and significantly reduce fines. But real compliance thinks further: It combines legal advice with the needs of your company – interdisciplinary, precise and tailored to your structure. We consider your company holistically: with its strengths, but also with possible weaknesses. Because this is the only way your management can fully meet its responsibilities. Our experts show you how to not only meet legal requirements, but also integrate them into your organization – in terms of content, structure and operation. From compliance structure consulting to guidelines and training to whistleblower systems and system audits: We provide you with the tools to minimize risks and protect your executives. You are facing complex requirements. We give you the clarity to master them.

Contact us – and make compliance your strength.

Our focus areas

• Advice on the implementation of a compliance structure and organization, compliance guidelines/organizational guidelines (“Readinesscheck”)
• “Legal opinions” on the taking of measures by bodies and management/Compliance statements (“Management Protection”)
• Compliance-oriented “Due Diligence” upon taking office by bodies/company acquisition
• Training measures/further education (executive training, employee qualification, e-learning systems)
• Operational services (advice on the introduction of whistleblower– or ombudsman offices, advice on dealing with information, Legal Internal Investigations)
• System reviews (statements, simulation with IT tool IDEA)
• Emergency number

Corporate and M&A

Your market is changing. Digitalization, Industry 4.0 and new tech competitors are putting you under pressure. At the same time, opportunities are opening up – for established mechanical engineers as well as for innovative newcomers. Do you want to strengthen your position, reposition yourself or enter into strategic partnerships? We support you in all corporate restructurings and transactions – nationally and internationally. Whether restructuring, M&A processes or joint ventures: We pave the way for your next steps. You are facing decisions. We provide clarity – and implement them with you.

Contact us so that we can tackle your strategic projects together.

Our focus areas

• National and international restructurings
• Buy- and sell-side support for international and national M&A transactions (due diligence, contract drafting)
• Advice on national and international joint ventures
• Support for investments in the start-up and venture capital segment for Industry 4.0 and digitalization technologies​

IT Law

Your production is becoming smarter. Your machines communicate. Artificial intelligence optimizes your processes. But with every digital step, the legal requirements also grow. We support you in IT projects in the context of Industry 4.0 and Smart Manufacturing – from contract drafting to compliance. So that you can drive innovation without overlooking legal risks. You are shaping the future of your industry. We ensure that your actions are on a secure foundation.

Contact us – and make your digital transformation legally secure.

Our focus areas

• Advice on IT procurement (software and hardware transfer agreements, software-as-a-service, service level agreements, escrow– and deposit agreements), IT outsourcing projects (IT and business process-outsourcing as well as project contracts for complex IT systems)
• Industry 4.0 and IoT: License agreements for machine software, data protection compliance for networked systems, digital business models
• Data protection (including cloud-based system controls and the use of machine data by other market participants)
• Smart Factory networking as well as management consulting on IT security and IT compliance (e.g. compliance with KRITIS requirements for critical infrastructures)​

Industrial Property Rights and Copyright​

Your innovations are your capital. But without clear property rights, they remain vulnerable – especially in a global market like mechanical and plant engineering. We secure your industrial property rights, copyrights and trade secrets. And enforce them. Whether against product piracy, unfair competition or unclear contractual relationships with suppliers: We develop forward-looking intellectual property strategies that strengthen your position. Also internationally. Because whoever builds today must be protected tomorrow. Are you facing competition law issues? We clarify advertising appearances, review statements and defend against unfair behavior. So that your know-how stays where it belongs: with you. You have a goal. We pave the way.

Contact us – and protect your innovations with foresight.

Our focus areas

• Development and implementation of intellectual property strategies for industrial property rights, copyrights, know-how and trade secrets, registration of property rights and (global) property rights portfolio management
• Drafting, negotiation and review of R&D agreements, license agreements, non-disclosure agreements and agreements on technology transfer, merchandising or sponsoring, NDAs, drafting of IP clauses for employment, managing director or company agreements
• National and international enforcement and defense of property rights
• Combating product piracy and counterfeit products, including the initiation of seizures, close cooperation with customs authorities
• Design of advertising appearances, eCommerce and action against anti-competitive behavior by competitors​

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Supply Chain

Your supply chains in mechanical and plant engineering are globally networked – and are becoming increasingly complex due to individual customer requirements. Each additional variant increases the risk: from contractual loopholes to payment defaults to legal pitfalls. This is where we come in. With precise contracts that minimize your economic risks and legally secure your options for action. Whether plant delivery contracts, service agreements or supplier contracts – we create the framework conditions so that you can concentrate on your core business.

Our focus areas

• ​​Consortium transactions
• Plant transactions – Drafting of all relevant delivery– and service contracts for mechanical and plant engineering (plant deliverycontracts, contracts for work and services, warranty contracts, service and maintenancecontracts, spare parts contracts, training contracts, etc.)
• Distribution law – Conception of distribution systems nationally and internationally as well as advice on after-sales systems
• Industry 4.0 – Advice on the drafting of all relevant sales and service contracts for networked systems
• International projecttransactions – Advice on complex plant projects​

Antitrust Law

Your project business is international. Your cooperations are technically demanding. And your after-sales business is a central success factor. But with every opportunity, the antitrust challenges also grow – whether in joint ventures, in direct sales or in dealing with dealers. We know the pitfalls. And we know how to avoid them. With our antitrust expertise, we secure your business: from risk analysis to enforceable solutions. This protects you from heavy fines and keeps you in control – even in regulatorily difficult terrain. You need clarity on antitrust issues. We deliver it.

Contact us – and tackle your projects with legal certainty.

Our focus areas

• Development of tailor-made, efficient and needs-based compliance measures and industry-specific training in antitrust law for the mechanical and plant engineering
• Implementation and coordination of national and international merger control proceedings
• Representation in fine and administrative proceedings before antitrust authorities, internal investigations and support during antitrust raids
• Advice on all aspects of distribution antitrust law, including project business, dual distribution and spare parts distribution, on IP antitrust law and on other antitrust risks in the supply chain
• Antitrust-compliant structuring of all types of cooperations (e.g., competitors, R&D, purchasing, sustainability)​

Product Liability

A product liability case can hit your company hard – financially and reputationally. But you don’t have to wait until it’s too late. We act before the crisis begins. Our specialized lawyers combine all relevant aspects: from contract and tort law to product liability law, as well as dealing with regulatory authorities, insurance issues, and criminal law risks. However, we take a proactive approach. Even during the market launch of new systems, we are by your side – whether in establishing quality management systems or implementing recall processes. You want to minimize risks before they arise. We ensure you are prepared.

Contact us – and make product liability a predictable factor.

Our focus areas

• Support in carrying out system recalls and representation before regulatory authorities
• Consulting prior to placing systems on the market, especially regarding compliance with regulatory requirements (Product Compliance), establishment of recall management systems
• Review of technical documentation and CE marking procedures
• In-house training in product liability, machine safety, and the legally compliant design of supplier systems​

Restructuring and Insolvency

Your supply chains are closely interconnected. A stumble at one point can jeopardize the entire project. Especially in plant and mechanical engineering, we know: time is critical, and delays are often not an option. When crisis strikes, we act – quickly and purposefully. With our full-service approach, we guide you through restructuring until a turnaround is achieved. We leverage our strong network of banks, M&A advisors, and restructuring experts to create solutions that stabilize your business. Are you facing operational changes? We secure your projects – and pave the way for a fresh start.

Contact us so we can tackle your challenges together.

Our focus areas

• Support for mechanical and plant engineering companies during emerging crises (including corporate law, (re-)financing, plant supply contracts, protection of assets (Know-How), labor law, and insolvency law structuring options in the form of protective shield proceedings, etc.)
• Advising companies on their own judicial restructuring (insolvency proceedings, protective shield proceedings)
• Advising companies on insolvency cases of customers or suppliers, as well as related optimization of supply contracts and plant contracts
• Distressed M&A: Acquisition of companies before (in the context of restructurings) and out of insolvency
• Consulting on short-time work, workforce reduction, and restructuring measures, especially negotiation of reconciliation of interests and social plan​

Commercial Criminal Law & Prevention

Your industry knows no boundaries. But that’s precisely what makes it vulnerable: A jungle of national and international regulations, where even small errors or neglected duties can lead to fines, penalties, or investigations. And these often come without warning – whether through sudden searches, spontaneous audits, or unexpected requests for information. Whether you are directly affected or only indirectly: Every decision counts now. The right strategy determines how you get out of the situation – or avoid it from the outset. You need clarity in the legal jungle. We provide it – with preventive advice that identifies risks before they become a problem. And with decisive action when things are already critical. You are under pressure. We relieve you – with foresight and experience.

Contact us so we can strengthen your legal security from the start.

Our focus areas

• Individual– and corporate defense in fine and criminal proceedings
• Consulting and support for official measures, e.g., searches/adhesion applications in criminal proceedings for asserting claims
• Consulting on filing criminal complaints, especially in cases of breach of trust/embezzlement/theft, data protection violations and cyberattacks
• Strategic considerations before critical tax audits
• Corrections and voluntary disclosure in tax, fiscal, and customs matters
• Derivation of follow-up measures from previous commercial and tax criminal proceedings
• Clarification of facts in the context of forensic (internal and external) investigations and due diligence (supported by mass data analysis with IDEA​)