Team Commercial law
Thomas Michel, Dr. Marcus Pilla, Dr. Andreas Liegsalz, Stefan Weigl
German labour law regulates every aspect of the employment relationship. Compared with the law of countries like the UK and the US, it is considerably more restrictive and complex. Competent legal advice is therefore essential if you want to avoid costly and protracted litigation.
Glock Liphart Probst & Partner has built a highly successful track record in labour law over many years and enjoys an excellent reputation among its peers. Whether on questions of contract drafting and implementation – or as advisor of your HR department on routine matters: we provide swift and effective support for all your labour law needs.
Especially in the case of problematic employment relationships, it is advisable to develop viable strategies as early as possible. In us, you have an experienced partner and advisor, and we’ll help you to develop solutions that can be quickly implemented and that are economically sustainable.
Only by being aware of potential problems can you make the correct decisions to protect against expensive problems in the future. Our training courses provide your HR specialists with the knowhow and skills they need to navigate the complexities and pitfalls of German labour and employment law.
Given the often very short time limits under German labour law for filing complaints or for other legal steps, acting quickly is often crucial. We are very familiar with these challenges and will represent you at all levels of the German labour court system, including in appeal proceedings before the Federal Labour Court.
Corporate law and transactions
The organisation of your company and your corporate group are always evolving in response to new challenges and opportunities. We at Glock Liphart Probst & Partner are there to support you in this process.
Whether you want to establish a new company or contemplate major decisions, such as the admission of new shareholders, the acquisition of competitors that complement your group, or the participation of employees in the company: we work with you to develop custom-tailored solutions that meet your requirements.
We have many years of experience in drafting shareholders’ agreements and statutes, advising board members and managing directors, participating in general meetings and shareholders’ meetings, and providing legal support in the acquisition and sale of companies.
We have particular expertise in IP-driven as well as real estate transactions, whether they are structured as asset or share deals.
We are also very familiar with freelance companies, especially in partnership law.
If shareholder disputes cannot be resolved despite all efforts to reach an amicable solution, we will of course also represent you at court. The same also applies to questions of responsibility and liability of board members and managing directors.
Industrial property and copyright law (IP); media law
Glock Liphart Probst & Partner can look back on a tradition of more than 50 years working in the field of intellectual property and copyright law. We have also built strong relationships through many years of cooperation with leading patent law firms.
Creation, acquisition and management of intellectual property rights
If you have invested the time and effort to develop designs, trademarks, trade secrets and artistic creations (copyrights), you deserve the protection offered by intellectual property law and you will appreciate it in the event of infringement.
With our experience, we help you obtain intellectual property rights custom-tailored to your requirements, and to defend them against illegal imitators. We are of course also effective advisors in the defence against unjustified claims. For patent infringement and patent nullity proceedings, we can draw on experienced patent attorneys.
Successful representation in court
When protecting IP rights in court, quick action is often required – our lawyers are experts in the law of injunctive relief. We also litigate on your behalf in main proceedings before the specialist German courts, if required.
Exploitation of intellectual property rights – with foresight
A main focus of our advisory work is to support you in the successful exploitation of your IP rights. Our industry knowledge is a great asset, especially in publishing and media, but also in vehicle (parts) development. We have special expertise in the creation and development of design and brand portfolios, in the drafting of licence agreements, publishing agreements and distribution agreements as well as in architect’s copyright.
When it comes to the legal review of their advertising, online shopping websites and other media appearances, well-known companies from the Munich region and also from outside rely on our assessments and advice. We also advise on related matters of competition law, such as the permissibility of comparative advertising.
With the inexorable rise of digital advertising and internet distribution channels, social media are gaining ever more importance in our work. For example, drawing up guidelines for influencer marketing is just as much a part of our everyday business as answering legal questions about online marketing campaigns.
The development of case law has led to great complexity in liability law. Competent support is therefore particularly important when dealing with liability claims, both in and out of court.
Glock Liphart Probst & Partner has extensive experience both in prosecuting and defending claims, and we have successfully represented institutions and private individuals alike for decades. This applies both to the assertion of claims against the damaging party on one hand and claims against insurance companies on the other hand.
The priority is always to secure evidence and to comply with applicable requirements and deadlines. You should therefore always consult us as early as possible. Those who know the effort involved in setting claims and reconciling the conflicting interests of the parties involved appreciate our assistance as a reliable and conscientious advocate of the claims entrusted to us.
Glock Liphart Probst & Partner advises on the following areas of commercial law in particular:
- Non-compete clause
- Law of company names
- Trade practices
- Agency under commercial law
Our work is always on focused on the specific company and the sector within which it operates. In the interests of our clients, we deliberately limit ourselves to those sectors in which we have already gained extensive experience, and to related or associated sectors. These include, in particular, publishing houses and their distribution organisations, especially in the press sector; the sporting goods, shoe and textile trade; real estate sales and marketing; and finally, vehicle (parts) development and marketing.
Manufacturers of branded goods who want to develop and expand their distribution network rely on our advice on the options available to them on the German market and under German law, which can include alternatives to the classic commercial agent and authorised dealer models. We can provide important assistance in this regard.
The area of non-compete clauses is closely related to corporate law. Their enforcement – especially in the form of post-contractual non-compete clauses – can become essential for the survival of a company. Conversely, the current as well as the departing managing director or shareholder needs clarity on how they can avoid incurring contractual penalty due the violation of a non-compete clause, or they may question whether their non-compete agreement is even effective. Glock Liphart Probst & Partner can provide you with expert advice to handle these challenges as well.
The law of company names is not only part of trademark law, it also has relevance with regard to liability. We consider it an important part of our work to inform our clients about this and to advise them accordingly, if there is reason to do so.
Not every trading company will be able to spend the resources to familiarise itself with the law of trade customs in the required manner. We provide support here – by working out solutions to challenges that have arisen and finding optimal fixes for mistakes that may have been made; of course, the most effective way of avoiding trouble is always to involve us in the drafting of distribution and supply contracts.
Glock Liphart Probst & Partner has built its special expertise in insolvency avoidance over many years of work both in an advisory capacity (out of court) and in litigation. We always keep abreast of new developments in the extensive, constantly evolving case law of the Federal Supreme Court. This thorough understanding of the current legal situation and our experience in the handling of avoidance cases enables us to find practical solutions for you in disputes with the insolvency administrator. You can rely on our expertise even in cases that initially appear “hopeless”, but which are actually not at all rare in business life.
Another focus of our insolvency practice is the enforcement of creditors’ rights during insolvency proceedings, in particular the assertion of rights to separate satisfaction and segregation, which requires special expertise in insolvency law.
Our firm’s particular strength lies in working at the interface of insolvency and real estate law, such as in cases of construction or lease insolvencies. Depending on your requirements, we can quickly put together a powerful and custom-tailored team for you with experts from our other areas.
In the area of foundation law, we support our clients – for example in the context of estate planning – in particular in the formation and structuring of charitable foundations or family foundations. The establishment of a foundation can also be used as a supporting element when arranging business succession.
Foundation law is currently undergoing major changes, and a new nationwide law will come into force in Germany on 1 July 2023. The impact on existing foundations will be considerable. We will help you determine whether changes to your bylaws are necessary or expedient for legal or other reasons and support you in the implementation.
The new law allows for structures in which the foundation’s purpose can be fulfilled by drawing down the endowment. This aspect is particularly interesting for potential founders; for many clients, establishing a foundation is becoming a more attractive option again despite the persistence of low yields in the capital markets (zero interest-rate policy).
We have experience in setting up new foundations and are adept at working with the relevant supervisory authorities; we can also help you realise your goals in an existing foundation.
Arranging company succession is often a process of several years, with interpersonal relationships and emotions frequently playing an important role. The search for suitable successor candidates, which is difficult in itself, is compounded by legal challenges.
Company succession is a complex issue. It encompasses a wide range of legal and tax aspects, all of which need to be considered:
- Corporate law issues, including the restructuring of the company(ies) or of the group, with necessary amendments to or redrafting of shareholder agreements and statutes, in some cases also company conversions;
- Estate structuring within a framework of forward-looking planning or to safeguard the interests of the transferor, such as by agreeing a retention of a right of use;
- Aspects of inheritance or gift tax, as large tax expenses could threaten the existence of the company and must be avoided to the maximum extent possible; and finally
- Income tax challenges Protecting the liquidity of the company is an important priority in succession planning, in particular when succession is arranged by transfer among the living.
Ensuring the continued operation of the business and protecting the assets of the beneficiaries must be the guiding principles for company succession. The successful arrangement of a business succession therefore poses a considerable challenge.
Glock Liphart Probst & Partner supports you in all associated legal matters; experienced auditors and tax advisors, with whom we have a longstanding cooperation, are consulted as necessary and in coordination with the client.
The development of case law has led to great complexity in insurance and liability law. Competent support is therefore particularly important when dealing with liability claims, both in and out of court.
Glock Liphart Probst & Partner has extensive experience both in prosecuting and defending claims, and we have successfully represented institutions and private individuals alike for decades. In liability law, this applies both to the assertion of claims against the damaging party on one hand and claims against insurance companies on the other hand.
The priority is always to secure evidence and to comply with applicable requirements and deadlines. You should therefore always consult us as early as possible.
Those who know the effort involved in setting claims and reconciling the conflicting interests of the parties involved appreciate our assistance as a reliable and conscientious advocate of the claims entrusted to us.