Expert opinions — Employment and service contract law — Construction and real estate law — Expert opinions — Professional law — Compliance — Data protection law — Inheritance law — Expert opinions
Commercial Law — Expert Opinions — Higher Education Law — Antitrust Law — Expert Opinions — Distribution Law — Expert Opinions — Competition Law — Spanish Business Law — Expert Opinions
Tax and white-collar crime law — Expert opinions — Product liability — Expert opinions — Corporate and group law, restructuring law — Commercial tenancy law — Expert opinions
Expert opinions — Inheritance law and business succession — Expert opinions — International legal transactions — Expert opinions — Higher education law — Restructuring, reorganization, insolvency — Expert opinions

The sustained and long-standing specialization of our consultants in their respective areas of expertise ensures the highest level of competence — we advise at the highest level in every area of ​​law. 

An overview of all expertises

The use of General Terms and Conditions (GTC) offers significant ease in everyday commercial legal transactions. This holds true when the GTC are drafted with legal certainty and effectively incorporated into the contractual relationship. It is crucial to understand and comply with the differing national and international legal requirements.

Moreover, the goal is also to fully leverage the design possibilities and tailor the GTC to the individual company and its unique needs. Thoughtful drafting of GTC can potentially limit liability risks and establish contractual mechanisms that safeguard the company’s claims and strengthens its rights.

Despite the various possibilities to deviate from statutory provisions to one's advantage through GTC, German GTC law– strongly influenced by European legal standards – imposes strict requirements on their validity. Crossing the legally permissible boundaries risks rendering the relevant provisions ineffective. herein such cases, even the smallest details can be decisive.

Furthermore, it is not a given that GTC will actually be validly incorporated into contractual relationships. To avoid uncertainties or legal disputes from the outset, employees handling GTC within the company – typically purchasing and sales—should be appropriately trained on the legal requirements and challenges involved.

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General Terms and Conditions Law

Singen
Villingen-Schwenningen

Labor law is one of the most dynamic areas of law. This is particularly due to European legal requirements and the decisions of the European Court of Justice, which often turn German labor law upside down. We assist our clients’ HR leaders in staying up to date with labor law – whether it’s drafting employment contracts, advising on day-to-day personnel matters, negotiating with unions and works councils, or managing corporate restructuring and termination of employment.

Our focus is on consulting, but representing our clients' interests before labor and social courts is also part of our work. Thanks to our often long-standing relationships, we understand our clients' operational processes and specific characteristics, enabling us to act in a highly targeted and effective manner.

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Employment and Service Contract Law

European directives and regulations, alongside national laws create the framework conditions for the development, approval, sales and marketing and promotion of pharmaceuticals and medical devices.

A precise knowledge and careful assessment of these regulations are essential.

The European Union has completed the revision of medical device legislation, and the Commission has now introduced a draft for the comprehensive overhaul of EU pharmaceutical law through the parliamentary process.

Long-term planning should align with these emerging regulatory frameworks.

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Pharmaceutical and medical device law

Construction projects are complex undertakingswhere even the slightest oversight in contract drafting can lead to contentious disputes between the parties. Typically, several parties are involved in a construction project, making legal advice for the client, contractor, or architect essential in advance to minimize the potential for conflict in contractual relationships. This also includes advising on public law issues with the building authority or resolving disputes with neighboring property owners. Both the planning and construction phases present specific challenges, and we offer professional support throughout. Many construction projects evolve or change, making disputes over payment almost inevitable.

In this process, we provide proactive advice and strive to reach amicable solutions, including interim solutions if necessary. Naturally, we will also conduct legal proceedings if an out-of-court settlement is not possible or advisable.

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Construction and Architectural Law

Chamber regulated advisory professions such as tax advisors, auditors and lawyers remain subject to a dense web of professional rules in Germany. This high level of regulation presents numerous pitfalls. As a result, it is increasingly important for tax advisors, auditors and lawyers to take proactive steps to protect themselves against potential liability claims and professional disciplinary proceedings. This regulatory density harbors pitfalls. Therefore, it is becoming increasingly important for tax consultants, auditors or attorneys to secure themselves against possible liability cases and sanctions under professional law (e.g. by the respective self-governing bodies).

We advise and represent professionals (including tax advisors, auditors and lawyers) in matters such as:

  • Practice transfers
  • Choosing the appropriate legal structure
  • Mandate and remuneration agreements, including appropriate limitation of liability clauses
  • Defense measures in liability cases and representation in professional law procedures
  • Issues on professional liability insurance

 

Besides, of course we also advise the clients in questions regarding liability and other conflict matters vis-à-vis the professional.


Some of our experts bring years of experience within chamber organization and are recognized through their relevant publications in this field.

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Professional law and occupational liability

Germany’S SME sector (small and medium-sized enterprises) has long been shaped by the concept of the “honorable merchant”. Principles such as sustainable business management and responsible corporate governance have played a key role in the global success of these companies.


To ensure sound corporate governance, companies and public institutions have established management structures designed to ensure compliance with applicable laws, regulations, directives and internal standards. The implementation and ongoing development of these structures within Compliance Management Systems (CMS) are now an integral part of corporate management. They help organizations to better identify and control business risks – particularly those involving criminal liability or civil penalties. This applies across all industry sectors, including the highly sensitive area of healthcare.


A CMS must be tailored to the specific needs of the company – serving as a compass to navigate complex and sanction-afflicted regulatory environments. fit the company as a compass guides through complex and sanctioned regulations.

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Compliance

In the age of “big data” and ngoing digital transformation, data - and the ability to leverage new technologies effectively – plays an increasingly critical role. At the same time, companies face growing demands to ensure the security and transparency of their data processing activities. As a result, data protection law continues to gain importance – driven not only be regulatory scrutiny and enforcement, but also by heightened public awareness and the sensitivity of customers and employees.  To gain long-term competitive advantages, companies must implement the legal requirements under data protection law - particularly (the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and relevant industry-specific regulations) as well as IT security standards. 

We combine legal expertise with technical understanding and advise you across all areas of data protection, in particular:

  • GDPR-compliant design of data processing activities, including in the development of digital products, business models as well as in IT projects of all kinds,
  • Establishment and implementation of internal data protection structures and governance,
  • Drafting and updating data protection documents such as privacy policies and data processing agreements,
  • Data protection in HR and employment law,
  • Handling of sensitive data in the healthcare sector,
  • Data protection compliance strategies,
  • Intra-group data transfers and transfer to non-EU countries
  • Website design, cookie banners, and the use of tracking technologies,
  • Risk management in case of data breaches,
  • Representation before data protection supervisory authorities.

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Data protection and IT

Questions of inheritance law and asset succession are not only legally complex, but also deeply personal and an exciting challenge. They require sensitivity, experience, and a thorough understanding of each client’s individual and financial circumstances.

Drafting wills or lifetime transfer agreements is legally intricate and demands a tailored approach. This is especially true when companies or real estate form part of the legacy – where an on-site assessment is often essential to develop appropriate, practical solutions.

We advise and support clients on all conceivable aspects of inheritance tax law and the succession of assets, - particularly in the planning oft he estate distribution and business succession.

This includes the creation of wills and testamentary contracts as well as the production of living gift and handover contracts. It goes without saying that we not only keep an eye on inheritance regulations, but also develop a tax-optimized solution for you.

Our services include therefore inter-alia: - Drafting wills and testamentary contracts - Preparing lifetime gift and transfer agreements - Developing tax-optimized solutions tailored to your specific goals and family situation

In the event of inheritance disputes, our lawyers actively support you in asserting or defending claims – whether against co-heirs or individuals entitled to a compulsory portion – always with the aim of finding economically sensible and preferably out-of court solutions. We draw on decades of experience in estate administration and executorship. When necessary, we of course represent your interests before courts and public authorities.

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Inheritance & Business Succession

Comprehensive legal counsel of a corporate law firm also includes proactive planning and protection against family disputes, as well as guidance on the appropriate allocation of assets between spouses and children. Divorce, in particular, can quickly become financially threatening. That is why, our range of services also includes comprehensive advice and representation in family and personal law matters. We also provide in-depth counsel on all aspects of asset protection.

  • Drafting prenuptial and postnuptial agreements, including tax considerations
  • Advising on separation and divorce
  • Guidance on maintenance (support) and martial property regimes
  • Asset division and separation agreements
  • Protecting family assets from creditors and government claims (asset protection)
  • Aligning prenuptial agreements with partnership agreements, wills and inheritance contracts
  • Advice on guardianship law and powers of attorney

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Family law and wealth protection

Choosing the right legal form for a business involves many considerations. Liability, financing, taxation, governance, responsibility, and transferability are only some of the factors that influence this choice. These factors are not static — changes in the business owners, the companies themselves, other stakeholders, or the legal and economic environment may require adjustments. Much like clothing must be adapted to changes in season, style, or fit, a company’s legal structure must be reviewed and adjusted when internal or external conditions evolve.

This applies equally to the organization of corporate groups. Adjustments may be minor, or they may involve a change in the legal form or legal entity through a reorganization such as a conversion, merger, or division.  

Our goal is always to achieve a resilient corporate structure suited to each client’s needs — and, in the event of conflict, to ensure the effective enforcement of the chosen arrangements and rights.

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Corporate & Group Law, Corporate Reorganization Law

Intellectual property rights (IP) are a key asset in today’s business world. Notably, IP covers:

  • Trademark law,
  • Utility model and design law
  • Patent law and data exclusivity for pharmaceuticals
  • Unfair competition and advertising law for pharmaceuticals and medical devices

 

The field of intellectual property law is gaining in relevance. This begins with trademark protection for company, business, and product names. Protection against imitators—whether through legal action or by obtaining intellectual property rights—is also important in this context. This starts with drafting and concluding license agreements. Furthermore, we represent and advise you on the purchase and sale of intellectual property rights—including in the context of corporate transactions. In patent law, we cooperate with patent law firms.

We advise and represent companies in all aspects of IP protection and enforcement—before state courts and arbitration panels alike.

Your IP is our consulting project!

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Intellectual Property Law

National and international commercial contracts between companies have always been a core area of ​​expertise for our firm. Comprehensive regulations covering all key aspects now encompass not only the subject matter of the contract, price, liability, and delivery terms, but also topics such as financing, ESG (European Social Security), purchase price protection, and product liability. Price clauses are currently a key focus for contracting parties.

International trade often raises questions regarding applicable law or the application of the UN Convention on Contracts for the International Sale of Goods (CISG). The law governing standard business terms and conditions (GTC) also frequently needs to be considered. 
We advise companies on all these matters and represent them in disputes before ordinary courts and arbitration tribunals. Your contract project is our consulting project!

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Commercial law

Alma mater, academic freedom, university governance, institutional and faculty bylaws, research collaborations, appointment agreements, endowed professorships, affiliated institutes—these are only a few of the many facets of higher education law. Whether centuries-old public institutions or newly founded private universities, the intersections between public and private law—particularly state and federal higher education law, civil service and employment law, corporate law, and funding regulations—require deep legal insight and sector-specific expertise.

We advise universities both as institutions of science, research, and teaching, and as active participants in the commercial sphere.

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University law

We advise domestic and foreign investors, family offices, project developers, owner-occupiers as well as commercial landlords and tenants on the purchase or sale, leasing or letting of real estate and buildings.

The goal of our consulting services is to optimally leverage the economic potential of properties throughout the investment period. A key element of our legal advice is the appropriate drafting of contracts, whether to minimize potential environmental or liability risks, explore usage options, or consider possible exit strategies. Contract drafting is always carried out in close consultation with the relevant technical and tax advisors and authorities.

Therefore, we are available to you from the very beginning, starting with the structuring and execution of the acquisition or sale of a property, including sale-and-leaseback arrangements or the establishment of partial and residential ownership communities, and with long-term rental or leasing .

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Real estate and commercial tenancy law

The internationalization of trade and economic relations is shaping the markets. Contracts with foreign business partners are now commonplace, even for medium-sized businesses.  

Many German business owners ask themselves: Should I enter into a contract governed by foreign law? Should I agree to litigate disputes arising from a contract with an international element in a foreign court? What liability do I have for my products abroad? Is it worthwhile to sue a defaulting debtor on another continent ? 

Conversely , foreign entrepreneurs many questions about the legal system in Germany. We offer comprehensive support and assistance to both domestic and international companies with all these questions – if needed, together with partners from our network  or through affiliated law firms worldwidewho share our requirements. 

Whether inbound or outbound cases: we support you worldwide and with cross-border transactions – in more than 50 countries in recent years. If required, we assemble teams with the expertise that the specific case demands.  

Members of our SCHRADE team speak English, French, and Spanish , as well as other languages: Team. The partners in our network are all German-speaking.

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International legal transactions

The use of information technologies now permeates every aspect of business in the era of Industry 4.0. To provide optimal support on complex matters and emerging technologies such as artificial intelligence (IA), our lawyers combine legal expertise with comprehensive technical knowledge. We advise clients on all aspects of IT law, including the drafting and negotiation of IT contracts (e.g., projects, outsourcing, cloud computing, software transfer and licensing, SaaS, maintenance), public IT procurement (EVB-IT contracts), and all areas of e-commerce and internet law. Through our interdisciplinary approach, we are well-versed in related issues of copyright, data protection, and employment law, and we involve specialists from other legal fields as needed—for example, in M&A transactions where IT constitutes a key or sole component of the transaction value. In the event of disputes, whether in IT projects or licensing conflicts, we represent our clients before German courts and arbitral tribunals.

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IT law

In the case of corporate mergers—such as the acquisition of shares, control, or assets—notification of the planned merger may be required under certain circumstances to a national competition authority or the European Commission. Transactions subject to such notification may only be completed after approval by the relevant authority; otherwise, significant fines may apply. We are pleased to manage the merger control process on your behalf and assist in drafting agreements that comply with antitrust law.

In practice, companies must also observe prohibitions on anti-competitive agreements or coordinated practices, as well as the abuse of a dominant market position or superior market power. Violations of these rules are likewise subject to fines.

We provide comprehensive advice and representation in national and European competition law matters.

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Antitrust law

Under the economic order set out in the German Basic Law, the state regulates, steers, and performs. Anyone – whether an entrepreneur or a private individual – who seeks to shape economic activity cannot avoid interacting with public administration. The administration, in turn, frequently relies on private-law structures, such as limited liability companies (GmbHs), to carry out its functions (e.g., in the energy sector, healthcare, and similar fields).

In the management and establishment of public-sector participation companies, as well as in the implementation of investment projects, corporate law and municipal law necessarily intersect. Conducting procurement procedures, overseeing construction projects, and granting state aid all require a precise alignment of public-law and civil-law requirements – both in the interest of the administration and of the companies involved. A particular focus of our advisory practice lies in drafting articles of association for publicly owned enterprises and structuring contractual relationships between investors, municipalities, and public-sector companies.

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Public Commercial law

Freiburg
Villingen-Schwenningen

The technical and legal requirements for products in both commercial and private use continue to grow. At the same time, globalization means that manufacturers increasingly supply markets outside the EU – each with its own product standards and potentially significant liability risks. As a result, the potential sources of error in the planning, manufacturing, and distribution of products have steadily increased. Confrontation with claims arising after a product defect appears is often only the final link in a long chain extending from development to market launch.

We can advise clients in the following areas:

  • Purchasing and supply agreements, including quality assurance arrangements
  • Research and development agreements
  • Compliance with product safety regulations (e.g., medical devices)
  • Crisis response – including product recalls – vis-à-vis contractual partners and regulatory authorities
  • Pre-litigation advice in product liability matters (including coordination with product liability insurers
  • Litigation in product liability cases
  • In-house training programs

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Product liability and product safety

In a corporate crisis, it's an "ALL OR NOTHING". Focused on the economic objective, swift decisions must be made, based on sound legal principles and the necessary pragmatism.
The most successful restructuring is usually the quietest. Where this is no longer possible, court-ordered insolvency or restructuring proceedings (self-administration, STaRUG) offer both opportunities and risks.
Business partners in crisis can destabilize the business. Stabilizing these partners requires a trusting partnership, without losing sight of insolvency-related risks (e.g., clawback actions).

Investing in a company in crisis can save the business and strengthen the investor’s economic position. But it is also a journey into unfamiliar territory – whether carried out through a distressed M&A transaction (asset deal) or within the framework of an insolvency plan.

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Corporate Restructuring, bankruptcy

Villingen-Schwenningen

In a globalized economy, entrepreneurs constantly encounter different legal systems. Spain is a particularly attractive market for German companies: Germany accounts for more than 10% of both Spain’s imports and exports. As a result, German businesses engaged in commercial activities in Spain regularly face questions of Spanish commercial law – whether in connection with acquiring or forming companies, appointing corporate representatives, negotiating commercial or employment contracts, purchasing real estate, or simply enforcing claims.

At our Spanish Desk , we advise both German and Spanish-speaking clients, each in their own language, within both legal systems. Furthermore, we support our clients in their projects in the Spanish-speaking countries of Central and South America. It's good to know that your lawyer understands you and your language.

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Spanish commercial law

Villingen-Schwenningen

Tax and white-collar crime proceedings place a considerable burden on all parties involved and can have far-reaching consequences. In addition to criminal sanctions, there are significant tax implications, but corporate and personal matters may also be affected in the future.

A successful defense requires expertise in both substantive and procedural law. We will support you and provide immediate assistance during searches, investigations, and disputes with tax authorities, public prosecutors, or tax offices. Our primary goal is to avoid high-profile court proceedings.
Due to our many years of experience and proven expertise, we are frequently consulted and recommended by fellow professionals, tax advisors, and auditors. We represent both individuals and companies.

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Tax criminal law / Business criminal law

Advising on the purchase and sale of companies (M&A) requires not only specific legal knowledge but also, in particular, the ability to carry out a company valuation and to identify and present the economic strengths and weaknesses of the target company.

This often involves coordinating tax advisors, auditors, and colleagues from other practice areas, each contributing their respective specialist knowledge.

A key factor in successful M&A advice is providing the client with a clear and comprehensible assessment of whether the transaction should proceed under the given conditions.

The foundation for this is an accurate and comprehensive presentation of the legal framework, outlining all available legal courses of action.

Ultimately, what matters most is a thorough evaluation of the situation, taking into account the client’s particular interests.

This demands courage and a strong sense of responsibility on the part of the attorney—and the client’s trust.

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M&A

The complexities of public procurement law pose a challenge for both contracting authorities and applicants/bidders.
Contracting authorities must conduct procurement processes as efficiently as possible while adhering to procurement law and arriving at an optimal solution based on the defined requirements, suitability criteria, and award criteria. Applicants/bidders must maintain their chances of being awarded the contract by submitting a bid that meets the requirements and is optimally aligned with the award criteria, and, if necessary, by submitting a preliminary application.

Where procurement errors occur—especially once EU threshold values are exceeded—there is a risk of review proceedings being initiated. Below-threshold procurements may likewise prompt applications for interim relief. Applicants and bidders must also observe their obligation to file timely complaints. 

Recipients of public funding are often bound by procurement rules through the terms of the grant notification. Violations of procurement law can result in the claw-back of funding. 

We are here to support you.

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Public Procurement Law

Authorized dealers, sales representatives, selective distribution, franchising, and much more: In today's globalized and interconnected world, there are numerous ways to make a product or service available to customers or end consumers. Different laws may apply depending on the distribution channel; in international supply chains, the complexity can quickly multiply. Furthermore, issues of modern distribution law often extend beyond purely commercial law. In particular, European distribution antitrust law now overlays the contractual relationships between companies and their distributors.
We advise on all aspects of European and German distribution law, and in cross-border cases, our clients can also rely on our SCHRADE network  .

Our clients in the field of distribution law come from, among others, the automotive , consumer goods, mechanical and plant engineering and construction industries.

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“Intellectual Property is the oil of the 21st century” (Mark Getty)

Software code or an invention that provides a solution to a problem are intangible by nature—they are “intellectual creations.” While often easy to copy or imitate, these assets can carry significant value and secure a company’s competitive position.

To prevent intellectual property from being freely used by anyone, some types (e.g., trademarks, patents, designs, documents for the originator's dossier in drug approval) must be protected. Know-how, on the other hand, must be secured through appropriate confidentiality measures. Therefore, in addition to registering and exploiting intellectual property, developing a suitable IP strategy is essential to protect innovations and expand competitive advantages.

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Competition law

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Contact

Do you have a concern and want to get in touch with us? Write us an email and we will be happy to contact you immediately. 

Georgenstrasse 23
10117 Berlin

Telephone: 030/235024-0
Fax: 030/235024-99

Email: berlin@schrade-partner.de

Heinrich-von-Stephan-Straße 15
79100 Freiburg

Telephone: 0761/389469-0
Fax: 0761/389469-99
E-Mail: freiburg@schrade-partner.de

Maggistraße 5
78224 Singen

Telephone: 07731/59145-500
Fax: 07731/59145-510
E-Mail: Singen@schrade-partner.de

Schickhardtstraße 57
70199 Stuttgart

Telephone: 0761/389469-98
Fax: 0761/389469-99
Email: stuttgart@schrade-partner.de

Max-Planck-Straße 11
78052 Villingen-Schwenningen

Telephone: 07721/20626-0
Fax: 07721/20626-100
E-Mail: Villingen@schrade-partner.de