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Areas of Expertise

Banking & Finance
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Commercial
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Competition & EU
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Consumer Products
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Corporate
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Dispute Resolution
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Energy
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Hotels & Leisure
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Infrastructure & Project Finance
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Insolvency
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Insurance & Funds
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Intellectual Property
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Labor, Employment & Pensions
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Lifesciences
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Maritime
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Private Equity
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Public Law
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Real Estate & Construction
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Tax
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Technology, Media and Telecoms (TMT)
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Germany

Commercial


 or keyword 

Commercial law has a central position in our wide spectrum of advisory services. Not only because our team of 50 highly specialised lawyers makes up one of the largest teams in Germany, but also because this area is closely linked with numerous other legal fields, and therefore requires special knowledge. In the field of commercial law we advise our clients in the key areas of their operative business - sales, procurement and production.

In the area sales and distribution systems we have been providing advice to manufacturers, suppliers and trading companies in all issues of domestic and international distribution and commercial law for many years. In particular, we provide advice on distribution agreements, frame agreements, supply agreements and general terms and conditions. We have profound knowledge in the area of development and restructuring of distribution and franchise systems as well as all related and overlapping legal areas, for example in the area of national and European competition law requiring increasingly more complex drafting of purchase and sales contracts, in the area of industrial property rights that protect ideas and entrepreneurial concepts or in the area of product liability law.  Our comprehensive expertise earned us the Distribution Law Firm of the Year award which was presented by juve in 2006.

Specifically in the area of procurement, international teams and detailed knowledge of the jurisdictions concerned match the increasing globalisation of markets. Of late, there are signs of a trend in both mid-sized companies and international groups to centrally organise departments, notably, purchasing. For this reason, we are advising numerous clients on complexly drafted frame purchase agreements and quality assurance agreements.

In the area of production, we advise on all relevant subject areas including product and manufacturer's liability. We develop individual strategies for each client, in line with their requirements and provide them with optimal protection from the current trend towards increasing compensation demands in the international market. In addition to our project-related advice, we offer our clients the service of introducing and implementing compliance systems. Our scope of services also includes training and hands-on seminars on operational and distribution procedures as well as on numerous legal issues. 
   
Our focuses include:

Distribution

  • Supply agreements
  • Authorised dealer and commercial agency agreements, selective distribution
  • Franchise agreements
  • Other distribution forms including
  • E-commerce and licensing
  • Logistics agreements
  • Equipment financing, including
    Export financing (letters of credit, HERMES bank guarantees)
  • General terms and conditions of sale and delivery 

Procurement

  • Purchasing agreements
  • Agreements on procurement of capital goods
  • Service and maintenance agreements
  • Agreements on assembly and repair work
  • Warranty agreements
  • Purchase cooperation models
  • General terms and conditions of purchase
  • Quality assurance agreements
  • OEM agreements

Production

  • Industrial plant agreements
  • Research and development agreements
  • Contract manufacturing agreements
  • Tool lease and transfer agreements
  • Toll manufacturing agreements, outsourcing agreements
  • Product and manufacturer's liability
  • CE certifications and other product requirements relating to safety law
CMS European M&A Study 2010

 
The CMS European M&A Study is a rigorous analysis of over 750 European M&A deals that CMS has worked on in 2007, 2008 and 2009...

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