We deliver solutions.
Whether platform economy, compliance in the supply chain or competition and trade barriers in e-commerce: the interaction between purchasing, production, sales and logistics is becoming increasingly complex. As industry experts, we’re in the big picture.
We advise you on structuring your contracts and during dispute resolution right along the purchasing, production and logistics value chain, as well as on distribution matters – be these classic distribution channels, online distribution or platform solutions. You profit from our advisors’ specialized legal expertise and our industry knowledge, above all in the areas trade, automotive, healthcare, IT and technology, insurances, aerospace & defense. Together, we develop optimized structures, such as purchasing cooperations or distribution systems, and draft and negotiate all kinds of contracts from general terms and conditions to individual large-scale projects. And should things not always go as you planned, for example with product labelling and liability issues, we’re there to solve your problems.
Our experts provide comprehensive support, especially in the following areas:
Cartel-law compliant structuring of purchasing cooperations
Legally secure and commercially optimized tendering and bidding procedures
Structuring of general terms and conditions of purchase, including payment terms
Negotiation and structuring of individual sourcing transactions such as
- OEM contracts
- Procurement and component supplier contracts
- Manufacturing agreements, job order production agreements and license agreements
- R&D contracts
- Introduction of a goods management system
- Assertion and enforcement of claims against suppliers, e.g. due to defects or default
- Measures interrupting the statute of limitation
From innovation to implementation, from know-how protection to liability – our specialized lawyers know the complex legal requirements for producing industrial and consumer goods. Our advice includes:
- Joint ventures, the awarding of subcontracts and outsourcing
- Production according to Industry 4.0: networked production, connection to logistics, predictive maintenance, use of robotics technology
- Operation of industrial plants and associated permit and environmental issues
- Labor law issues in connection with production
- Research and development, protection of intellectual property and know-how
- Occupational safety, product safety and liability
- Acquisition and sale of plants and businesses
- Assistance in the resolution of disputes regarding production disruptions or defects
Our logistics experts understand the business of freight forwarders, warehouse keepers, transport insurers and brokers as well as the requirements of complex supply chains. Just-in-time logistics, cross-docking and delivery drones are more than just legal concepts to us. Our advice includes:
- Logistics outsourcing
- Examination, drafting and negotiation of logistic contracts, e.g. for warehousing and transportation
- Advice on the German Freight Forwarders General Terms and Conditions [Allgemeine deutsche Spediteurbedingungen, ADSp]
- Assertion of liability claims in the logistics chain
Our team advises national and international companies on the structuring and adjustment of their distribution systems and contracts. Especially when it comes to developing distribution structures, a multitude of requirements have to be observed, in particular in the areas antitrust law, civil and trade law, as well as the relevant requirements of EU law. Our advice on distribution law includes:
- (Re)structuring and implementation of national and international distribution systems, in particular agreements on conditions and bonuses, selective and sole distribution systems as well as shop-in-shop concepts
- Direct distribution via online and offline trade, teleshopping
- Distribution cartel advice
- Sales agency and authorized dealership law and other forms of distribution agents
- Termination and winding-up of distribution contracts
- Dispute resolution in the area of distribution law, in particular the enforcement and defense of settlement claims
In addition, we have expertise in the field of e-commerce, the trading of goods and services over the internet. Our team is familiar with the countless special rules which complicate the digital movement of goods. Our advice includes:
- Structuring of B2C and B2B platforms
- Advice on your internet presence, where applicable including your online shop, in consideration of the regulations governing e-commerce (in particular duties to inform and rights of revocation), data protection and the law on general terms and conditions
- Cross-border e-commerce, especially geo-blocking
- Social & mobile commerce
- E-payment systems and payment procedures
- Customer loyalty programs
- Online advertising and marketing, including newsletters and “online tracking”
Legal 500 Germany, 2020Oppenhoff has excellent market knowledge.
While many areas are still discussing and trying out how software-based compliance tools can be used sensibly, software in the area of sanctions compliance has already been indispensable for years. With the imposition of far-reaching financial sanctions by the EU in the context of the Russian war of aggression on Ukraine, its importance has increased again significantly since 2022. In the almost endless selection of available software solutions for sanctions screenings, there is something for (almost) every company. However, the use of these solutions also entails legal risks and challenges for the business process, which we would like to highlight here.
Algorithms and AI have become indispensable in the corporate world. Digital compliance is also becoming increasingly important. We understand this term to mean software-based compliance tools that support or potentially take over the "analogue" compliance work. In a multi-part series of articles, we highlight the advantages, risks and legal guard rails in the use of these compliance programs. In the first part, we offer you an introduction and overview of the exciting topic of "digital compliance". In the following articles, we will take a closer look at important individual aspects such as data protection and labor law issues.
Private Equity / Mergers & Acquisitions / Banking and Capital Markets Law, Financing / Employment Law / Real Estate Law / Antitrust Law and Merger Control / Commercial / Intellectual Property Law / IT Law and Data Protection / Tax Law24.05.2023 News
Oppenhoff has provided comprehensive legal advice to the Munich-based private equity investor Family Trust Investor on its investment in Hyla Germany GmbH. Hyla Germany GmbH is the exclusive distribution partner in Germany and Austria of Hyla D.O.O., a manufacturer of high-quality air and room cleaning equipment under the "Hyla" brand.