M&A Transaction

We are perfectly familiar with the employment law aspects of M&A transactions or corporate restructuring projects, due to our professional biographies in major international law firms. Major topics include: evaluating employee related risks when buying or selling businesses; finding the “right” acquisition or divestiture structure from an employment law perspective, for example when in-scope businesses are to be become stand-alone entities or are to be integrated into existing organizations; the risk allocation in the stock or business purchase agreement, in particular with respect to termination costs for employees objecting to transfer; compliance with employee consultation requirements, so as not to jeopardize timely signing and closing of a transaction; proper information of employees, also to reduce the risk of objections to the transfer of employees; the integration of the acquired business with existing businesses and the harmonization of terms and conditions of employment.

We may act for the buyer, the seller or the target, either directly or as specialized employment counsel jointly with corporate or tax lawyers from other law firms. Our expertise and experience and our ability to seamlessly integrate into the teams of the client or the corporate or tax law firm we support, set us apart.

Executives

We are aware of the sensitivities around the hiring process, as well as around the separation process, of executives and key employees, and we will work with you towards achieving appropriate solutions to any arising problems.

Companies must attract, and incentivize, executives and key employees that best suit them. The “right” remuneration is one aspect, the employee’s identification with the corporate culture and his job another. Our experience matters when it comes to employment contracts of managing directors, board members and key performers. We prepare commercially sound terms and conditions of employment, in particular as they relate to the contract term, bonus and option schemes, post-service restrictions and employee privacy. We negotiate compromise or termination agreements when the relationship develops issues and if necessary represent you in any employment litigation. While we normally act for employers, we will occasionally advise management members as well.

From A to Z

We are glad to be your sparring partner with respect to all employment law issues you are confronted with in your company.

From the hiring process and job offers, employment contracts, bonus and benefit policies, codes of conducts, appraisal systems and performance management, statutory leaves of absence (eg sick leave, parental leave), requests for part-time employment, employee privacy, and consultation with employee representatives and works councils, to the termination of employment: We offer easy access and are happy to contribute our expertise and experience to the issues that you need to deal with.

When in Court

Defend and enhance the interests and reputation of our client, and conclude the case successfully – principles we will follow when in court. We will jointly work with you to have a thorough understanding and analysis of all facts relevant to the case. You will always receive draft pleadings in good time. This will enable you to secure further review and input from concerned parties within your organization and will allow us to make follow-up revisions to the draft pleadings. We will make sure that any effects the litigation may have internally and externally, including vis-a-vis any regulatory authorities, will have been fully considered.
Our partners regularly appear before the employment courts. We are admitted to all local employment courts, all regional employment courts of appeal and the Federal Labor Court. Where employment matters are concerned, we also represent clients before governmental agencies and administrative courts.