• Good to see what has allready been achieved. Better to know what still needs to be done.
  • Precision, perfect timing and an eyefor what matters.
  • Doing the right thing at the right time.That's what seperates the best from the rest.
  • Achieving your goalswith a reliable partnerby your side.

Chemicals

Our size allows our lawyers and tax advisors to focus on and develop their expertise in specific areas and industries. This is why you can count on your concerns always being handled by a lawyer or tax advisor who specialises in the relevant field.

Sound legal and tax advice is founded not only on know how and experience in the aspects of particular projects but also a familiarity with clients' business environments. An understanding of industries and their segments is therefore more than just useful - it is critical to our delivery of market-leading case management.

Our Practice Areas

Employment Law

The chemical industry is one of the largest employers in Germany which, due to the international nature of the industry, is simultaneously exposed to particular cost pressures.  This is the area of tension in which our employment lawyers work.

  • Employment law matters involving international aspects (posted workers, foreign employment law)
  • Working time models
  • Company restructuring, social plans and reconciliation of interests
  • Law regarding collective bargaining agreements
  • Employment law issues during a transaction

Foreign Trade and Expansion

The amount of international trading in the chemical industry has been rising for years and the number of internationally active chemical companies in Germany is particularly high.  This means dealing with complex legal and cross-cultural issues.  Through our strong presence in Asia, we can provide advice regarding the special dynamics of the chemical industry in a growing Asian market with the expansion of production capacities and distribution structures within this region.

  • Export control and issues arising from foreign trade and payments law
  • Assisting with the choice of location and how to structure foreign investments
  • Negotiating with foreign partners and authorities
  • Contractual matters abroad - checking and drafting new or amending existing standard agreements relating to sales, purchases and distribution
  • Representation in international litigation and arbitration proceedings.

Banking, Finance & Capital Markets

Due to its elaborate production methods, the chemical industry is particularly capital-intensive.  At the same time, however, many chemical companies are experiencing cash-flow problems.  Our experts advise in all matters relating to financing.

  • Legal advice on and preparation of corporate actions.
  • Equity and debt financing
  • Distressed assets
  • Project financing
  • IPOs and delisting

Corporate Governance/Compliance

Compliance issues are still important in practice, not least due to the continuing "scandals" amongst German conglomerates.   We deal with the intersection between the legal duties of a company's management and the organisation of a company on a daily basis.

  • Advising executive bodies and members of executive bodies, board training
  • Setting-up compliance structures, advising on how to manage contracts, data protection law advice and employee training
  • Allocating compliance officers or ombudsman, setting-up whistleblower hotlines, advice on how to prevent corruption
  • Legal management of investments and provision of corporate services

Corporate Law/M&A

The chemical industry faces fundamental change.  Business activities and models are being re-evaluated and scrutinised, reorganisations are on the agenda. Due to our wealth of experience we can quickly deal with issues relating to investment decisions in the chemical industry and provide you with an accurate assessment of your domestic and foreign investments.

  • Incorporation of companies or cooperations in Germany or abroad
  • National and international reorganisation of groups and companies, inter-company agreements
  • Domestic and foreign sale and purchase of companies in the chemical industry, including due diligence checks, organising tendering procedures and negotiating transactions
  • Restructuring and recapitalisation 
  • Representation in litigation and arbitration proceedings.

Protection of Industrial Property

The chemical industry is one of the most research-driven industries. Technology is often used in the form of cooperations and licences.  In order to safeguard know-how, it is necessary to ensure the close monitoring and enforcement of industrial property and copyrights.

  • Enforcing patents and trademarks both domestically and abroad
  • (Worldwide) trademark portfolio management including developing a strategic approach and analysing patent and trademark portfolios
  • Registering, administering and defending industrial property rights (e.g. averting and enforcing claims for injunctive relief, discovery and damages)
  • Drafting and negotiating agreements for patent, know-how and trademark licences, technology transfers, merchandising, sponsoring
  • Fighting piracy, including initiating seizures
  • Guiding and supervising actions against execution and objections as well as actions for cancellation or annulment both in Germany and abroad, including developing litigation strategies for infringed protected rights
  • Representation before foreign and domestic courts and in arbitration proceedings.

Commercial, Distribution and Antitrust Law, Product Liability

The complex trading relationships within the chemical industry call for comprehensive legal regulations.

Bad crisis management when dealing with product liability claims can be expensive and in the "worst case" can result in criminal proceedings being brought against the person responsible.  We help our clients with the timely prevention of such risks.

  • Drafting development, supply and quality assurance agreements
  • Checking and drafting general terms and conditions (e.g. general terms and conditions for purchases, deliveries or services)
  • Drafting agency agreements and other distribution agreements, e.g. commission agreements or commercial broker agreements
  • Unfair competition law and antitrust law, in particular advising and drafting commercial and industry-specific agreements, as well as advising in the areas of advertising and potential abuse of market power
  • Product liability: defence against claims in and out of court, enforcement of rights of recourse, advice regarding the implementation of product recalls and the liability risks for chemical products

Real Estate Law and Plant Engineering

The construction of a chemical plant is subject to a manifold of legal requirements.  Permits for the construction and operating of a plant must be submitted to different authorities in diverse permission proceedings. It is particularly important within the scope of EPC agreements to include a description of the services to be provided together with the distribution of risk and to avoid overlapping.  The early consideration of all aspects in the planning is decisive for the success of the project. 

  • Immission control permission procedures for the construction of chemical production plants
  • EPC agreements, liability and warranty
  • Drafting agreements for architects and engineers, fee regulations
  • Business lease and management agreements, commercial lease agreements

Environmental Law

The construction and operating of a chemical plant has to comply with numerous environmental requirements, which are spread amongst diverse laws, regulations and administrative provisions. New regulations are constantly being added.  We have expertise in various environmental law areas.

  • Chemical law, REACH, GHS
  • Building regulations and planning law, industrial accidents law
  • Waste management, soil conservation law
  • Water law
  • Nature conservation law, law on the protection of species, environmental risk assessment
  • Immission control law, emission trading (applications for allocation, remedy, sanction proceedings)
  • Summary offences law, environmental damages act, environmental liability act
  • Representation before authorities both in and out of court as well as litigation

Tax Law

Constant changes to tax legislation demand prudent and cautious planning, combined with a meticulous analysis of existing tax structures.  We help our clients navigate the tax jungle by providing competent advice which combines a profound understanding of the business requirements of the chemical industry with the expertise of a specialist practitioner.

  • Advising on national taxation issues and on topics relating to inbound and outbound taxation
  • Industry-specific tax law issues, tax optimization within the scope of environmental regulations
  • Developing tax structures during a transaction
  • Advice relating to transfer pricing systems, drafting transfer pricing documents
  • Tax audits and disputes with authorities

Contact

Thomas Weidlich, LL.M. (Hull), Partner
Phone +49 221 9937 16280
thomas.weidlich@luther-lawfirm.com