Key Competencies

LABOR LAW

I advise workers, professionals, senior staff, managers, and executives, as well as corporations of varying sizes on all labor law related matters.
I do not see myself as a lawyer working exclusively for either employer or employee.
This is an act of choice because it helps me to get and keep a better understanding for the opposing points of view and positions of the other side in order to be able to negotiate sustainable and balanced solutions.
I represent clients in and outside of court in all labor law related matters, such as

• termination agreements
• dismissals
• disciplinary warning letters
• compensation and part-time disputes
• maternity /parental leave
• works agreements
• restructuring (alterations, outsourcing, partial closures and downsizing)
• non-competition clauses
• compensation for non-competition clauses

 

BANKING AND SECURITIES LAW

Important part of my activity is representing damaged investors and borrowers.
A damage may have induced by means of investment fraud, prospectus liability or negligent consultation
In disputes about loan agreements by credit institutions I do not represent the banks but the customers.
Many times these matters are about the termination of loan agreements, prepayment penalties, processing fees, faulty notifications regarding revocation. My focus on advice lies on:

• revocation of loan agreements
• examination and revision of liens
• securities law (real estate funds, media funds, ship funds, corporate funds etc.)
• revocation and reversal of life insurances,
• termination of building loan contracts

Due to the fact that the world has been struck by multiple financial and banking crises again and again in the past years, many untrustworthy and even criminal elements have decided to participate in the market, which in turn has created a higher demand for expert legal counsel and representation in banking and securities law.

It ranges from cases of negligent wrong advice to malicious investment fraud and violations against the Banking Act. Albeit the Legislative Branch is presently quite active with regard to enhancing consumers’ rights, still all requirements and formalities concerning procedure must be observed. Each case brought to court requires proper presentation and substantiated facts and argument. The “amateur” will most likely fail to succeed with this task.

 

INHERITANCE LAW

What happens to the estate of a person after death is regulated by inheritance law. It is constitutionally protected and either based on the expressed will of the deceased and/or on the law. Succession by will is the result, of the deceased took precautions by means of will and testament or contract of inheritance and designated one or more heirs. The law of succession comes into effect only subsidiary, whenever the deceased took no action or provided only an invalid declarations.

Inheritance law is largely divided in two:

The first part comprises of the planning of the estate while still being alive. This includes the determination, what will happen with the wealth and assets. It can also specify further arrangements, e.g. testamentary burdens, custody powers, care of the property of children.

WARNING!
Concerning these matters you are best advised to consult a notary rather than an attorney!
Why? Legal fees of an attorney are substantially higher than those of a notary as these two professions are under different fee regimes. An example:
Counsel and drafting of a will and testament by an attorney concerning an estate worth 200.000 EUR generates fees of about 3.200 to 4.000 EUR whereas notarization (counsel included) of the will and testament would only cost about 630 EUR.

However, assistance of an attorney is best advised after death (devolution of an inheritance).

A great number of legal consequences is directly connected to this, affecting the survivors, i.e. all persons directly or indirectly involved by the death. Various matters need to be dealt with, depending on being one sole heir or part of a community of co-heirs, such as taking possession of the estate, administration or winding-up of a community of heirs. Also, there is often need for counsel concerning the right to compulsory shares

I predominantly focus on

• representation in court (e.g. winding-up of communities of heirs, enforcement of compulsory shares or legacies)
• measures to secure the estate
• counsel on the administration and winding-up of communities of heirs
• strategies to avoid compulsory shares

WARNING!
Please keep in mind that in case of death (devolution of an inheritance) very short expiration periods exist and immediate action may sometimes be required!

DEBT COLLECTING / FORECLOSURE / EXECUTION

A growing number of businesses have to deal with enormous outstanding debts. Bad debts that cannot be collected can prove fatal for many small and medium businesses.

We offer

• standardized debt collecting with final notice, court order, title, and finally foreclosure or execution.
• defense against unjustified claims
• handling of “special” cases, e.g. debtors with unknown whereabouts or insufficient financial capabilities etc.

 

COMMERCIAL AND CORPORATE LAW

In this legal area any trading or mercantile operation has to observe a great number of laws, regulations und rules. We offer our services, counsel, and if necessary representation in court. This means in particular:

Corporate Law

• founding of companies, especially
• limited liability companies
• small stock corporations
• registered cooperatives
• partnerships
• counselling executives, management board and supervisory board
• preparation and execution of shareholders’ and general meetings
• collection and designation of shares
• succession
• transfer of shares
• increase and decrease of share capital
• transformations and restructuring
• liquidations
• drafting and examination of contracts
• executive contracts
• management board contracts
• articles of association
• corporate contracts

Business and Mercantile Law

• merchant law
• commercial businesses
• commercial agents
• commercial contracts
• counsel and representation of your company concerning all contractual matters
• drafting, examination, enhancement and revision of standard business terms
• commercial real estate contracts
• contracts to produce a work, service contracts and all other contracts between you and your business partners