Pay attention when choosing your profession: our lawyers apply their motivation and expertise to keep sight of the big picture when addressing labor law issues, estate law, commercial law, insolvency law, brand law and copyright, or tax legislation. We are also happy to address special fields of law, such as medical law and complex contractual structures.
Everything within the law.
Our lawyers possess recognized expertise and a great deal of sensitivity for commercial issues. The interdisciplinary cooperation with tax advisors, auditors and business consultants that lies at the heart of the Winsulting® service philosophy results in individual, forward-looking solutions that rest on a secure legal foundation.
Where possible, we avoid the risk of legal expenses and time consuming litigation. If it nevertheless comes to the crunch, you are in the good hands of our experienced lawyers and our network. We create legal assurance for making decisions on significant investments. And rightly so!
“To be in the right = having your rights respected –
so simple is our calculation.”
Commercial law and corporate agreements
The focus of our activities in the field of commercial law lies on corporate agreements for all forms of companies under German or European law, strategically preparing, executing and facilitating shareholder meetings and meetings of other corporate bodies passing resolutions, handling lawsuits objecting to resolutions, providing legal assistance in disputes in or out of court, assisting corporate reorganizations (such as spin-offs, mergers and changes in legal form), formations, mergers, liquidations, acquisitions and corporate transactions, cooperation models and contracts, capital procurement and maintenance using financing and investment models, assisting and providing legal counsel in the case of liability suits and compliance issues, restructuring and business rescues as well as developing concepts for legal succession.
The broad field of commercial and business law is also covered by core expertise. The focus of our legal contract work and consulting activities lies in purchase and supply contracts, financing agreements, warranty agreements, leases, outsourcing agreements, transport and freight contracts, storage and logistics agreements, drafting the contracts, negotiating and concluding cooperation or joint venture agreements, liability law, including product or manufacturer’s liability, drawing up and reviewing general terms of business or other general terms,er research and development contracts, insurance law and agency law governing sales representatives and distribution.
Particularly at medium-sized companies, a reliable workforce of skilled employees is a key success factor for business success. At the same time, the associated labor law issues are generally very sensitive and frequently very complex from a legal perspective. Our lawyers specialized in labor law provide you with the requisite legal expertise but also many-years of experience in this sensitive field. In addition, the interdisciplinary familiarity with labor law and social security ensures a holistic approach that takes due account of the increasingly important social law aspects in consulting and advising on contracts.
The focus on our labor and social activities lie on structuring, reviewing and adjusting employment contracts of all kinds as well as service contracts with managers and executive directors, conducting unlawful termination cases and representing clients in court in all kinds of labor law cases up to the level of the Federal Labor Court, advising and structuring company pension plans, advising on restructuring measures (reduced hours schemes, lay-offs, outsourcing), negotiating settlements of interests and socially amenable redundancy plans, assessing social security obligations towards freelancers (avoiding “dependent self-employment”), advising on minimum wage requirements and assessing the labor law and social security aspects of foreign assignments.
Succession issues are of central significance for the survival of your company across a number of generations. Our estate law competence team will accompany you from an early stage in planning and structuring the succession of your net worth and company under both German law and international law. Our expertise in commercial law also ensures that all aspects of the company succession are covered without ignoring the entrepreneur standing behind the company. Our interdisciplinary approach creates decisive added-value for you. Close cooperation with our experts in tax and auditing at our affiliates allows us to plan and optimize the tax structures for the succession of your net worth and company ownership.
We advise our clients mainly in the fields of (corporate) successions – particularly in family-owned companies – on structures that ensure the ability of the company to keep operating in the case of a succession, tax-optimized structures for the powers of representation in the event of your death, international succession structures, tax-optimized rules for gifting your estate before you die, advising on the creation of charitable trusts and foundations either before you die or out of your estate, advising on the creation of family trusts and structuring your personal retirement provisions, in particular, structuring the powers of attorney to be issued and living wills that take true account of your needs, providing support during disputes concerning your estate after your death and acting as the executor of your estate. Our expertise in court procedure ensures that your rights will be honored even if a case goes to court.
Legal advice on insurance law.
Our special expertise – forensic particularly – in insurance law is founded among other things on the continuous legal representation of our clients, insurers in particular, that we have built up over 15 years. These include court cases conducted across the nation before the insurance chambers of the regional courts as well as appeals brought before the insurance senates of the higher regional courts as well as legal counsel given in parallel to the legal strategies pursued in the suits during appeal cases brought before the insurance senate of the Federal Court of Justice.
Main points of focus include the many hundreds of cases that have been effectively brought in the field of personal insurance (such as accident insurance, occupational disability and life assurance), D&O insurance and company liability.
Real estate law
Legal advice on real estate law.
One point of our focus lies on accompanying real estate transactions (purchase and sale) of single top-dollar properties or entire portfolios of real estate within the framework of an asset or share deal. In this context, our specialists conduct the legal due diligence and draw up and negotiate the purchase contract. Naturally we can also provide post-closing advice and support you with legal disputes both in or out of court.
Our lawyers specialized in the law of commercial leases offer you comprehensive legal counsel in all phases of the lease, either as a tenant or as the lessor. One of our core competencies lies in assisting you with structuring rental agreements, leases and other license agreements and supporting you during negotiations and terminating and dissolving contracts. Naturally we will not only take over the associated out-of-court correspondence but will also represent you at court if the need arises.
Conducting court cases, arbitration and mediation
Legal cases can have a serious impact on the business of a company and impair it for the long term. We will help you to avoid disputes in advance and analyze with you the options available to you in a legal dispute. Our expertise in the field of court procedure and litigation will help you to make a reliable decision as to whether a court case is justified in the interests of the company or not and will create transparency about the (cost) risks. For being in the right does not always mean you should assert your rights.
If a dispute becomes unavoidable, we will actively represent your interests in court or at arbitration throughout Germany. We will work out an effective strategy with you to defend your rights, which we will revise depending on the development of the case. Not only our many years of experience with court cases but also our state-of-the-art analytical tools, with which we can effectively process even extremely complicated cases, help us here. Where suitable, we also think out alternative methods of resolving disputes such as using mediation or provide assistance with obtaining finance to fund a case.
Commercial law and criminal tax law
The lawmakers and the courts have repeatedly tightened commercial law and the law on tax crimes in recent years. The potential for making a voluntary disclosure has been restricted.
In our experience, a professional defense for alleged tax crimes or white-collar crime necessitates a common strategy made in collaboration with the tax representatives familiar with the substantive aspects of the case. For this reason, we work closely with our tax advisors and auditors as well as with the tax departments of our clients. Swapping notes with the specialists allows us to analyze the matter and the potential criminal consequences. We therefore view our core task to lie in responding on behalf of our clients to the associated queries in a well-thought-out, comprehensive and unambiguous manner.
Our spectrum of advisory services in the field of medical law extends to drawing up and terminating cooperation contracts, both for medical practices as well as clinics and providing the associated consulting services, also for the sale or acquisition of medical practices and pharmacies, as well as advising on the professional code governing the healthcare professions and the laws governing hospitals.
One particular point of focus lies in advising on new welfare structures such as the various forms of cooperation between healthcare professionals, medical healthcare centers (MVZ) and other forms of healthcare (sector-independent and integrated healthcare). As in the past, the contractual framework of such cooperations lies at the center of our advisory approach as this requires specialist knowledge and familiarity with the peculiarities of the healthcare sector to resolve the complex issues facing our clients. Thanks to our interdisciplinary alignment we also understand how to integrate issues related to medical law, such as liability law, fair trade law, social security law and labor law, at a very high quality level.