Employment Law for Board Members and Managing Directors.

For many years, one of our specialties has been representing corporate officers in their personal matters as management board members or managing directors. Since we also have been advising companies on these matters for a long time, we are able to realistically assess the strengths and weaknesses of the other side. When drafting and terminating contracts, experts are needed who not only master the employment law aspects but also the relevant corporate law issues.

Successful representation requires profound expertise, e.g. with respect to compensation models, company pensions, change-of-control clauses, liability issues and all questions relating to separation and contract termination. Besides, sensitivity, discretion, negotiating skills, assertiveness and, last but not least, extensive experience in representing corporate officers both in and out of court, are also an essential requirement for success. These are precisely our strengths.

Drafting Contracts, Conflict Resolution and Representation in Court

Drafting contracts strategically and in a forward-looking manner can be of decisive importance for the client’s negotiating position in a future conflict. It is also important to adopt the right course of action prior to an impending dispute. In this way, we are often able to attain the best solution for our clients: a beneficial out-of-court solution which avoids the need for litigation.

There are cases, however, where litigation is inevitable, and sometimes has to be continued until a final judgement is rendered, regardless of whether we act for the client as a plaintiff or as a defendant. We have many years of experience in successfully handling highly complex litigation throughout all court instances in matters involving management board members as well as managing directors, and are highly familiar with the special requirements associated with those cases.

We also have particular experience in the following areas:

• drafting service contracts
• providing advice in connection with separations
• terminating contracts and severance arrangements
• compensation arrangements, bonuses, profit shares, incentives and stock options
• officers’ liability, defence against damage claims, D&O insurance

• change-of-control
• company pensions
• non-compete clauses
• corporate share holdings
• private equity issues, e.g. carried interest schemes
• coaching in conflict situations and for negotiations