TMT

Our services extend far beyond preparing and conducting due diligences, and structuring and negotiating SPAs. We see ourselves as a project manager that can handle all legal aspects for our clients before, during and after a transaction. We assist them, in particular, with developing optimised transaction structures, including the carve-out of specific business units and setting up joint ventures.

We can guide clients through all phases of a project – from preparing and conducting RfPs, drafting and negotiating project agreements and schedules to counselling during implementation. We also represent service providers and users both in and out of court in safeguarding rights and enforcing claims under outsourcing agreements and assisting with the winding up of failed projects.

Domestic and foreign clients alike turn to us to develop and optimise their distribution models, including cloud services and SaaS models. We also advise on the regulatory requirements for launching new hardware and innovative technology products on the German market.

We also represent clients in domain name disputes. We worked on landmark supreme court decisions, such as for the approval of two-letter domain names in Germany, and have been contributing significantly to relevant case law in this area. We handle the full range of internet and e-commerce issues for our clients. Not only do we develop internal guidelines for the use of social media and the Internet in the workplace, we also advise on all aspects of cloud computing. 

We ensure that our clients’ internal operations, products and websites are compliant with the relevant data protection regulations. To establish a legally sound management of customer and employee data, we develop privacy policies, consent forms and company guidelines (e.g. on the use of social media, BYOD guidance, etc.) in line with our clients’ needs. We advise on all issues related to cross-border flows of personal data, e.g. in connection with transactions, implementing centralised customer or employee databases, telematics and data flows within groups of companies. We have years of experience in dealing with the full range of privacy issues presented by IT outsourcing projects, negotiating the requisite data protection agreements for IT service providers and their customers.

We advise collecting societies on music licensing issues in Germany and Europe, as well as on cooperations with foreign partners for the exploitation of copyrights and related rights. We also assist them in preparing for relevant legislative procedures and represent them in proceedings before German courts and the European Court of Justice. Concert promoters benefit from our extensive experience in state aid, unfair competition and antitrust proceedings as well as in the granting of subsidies. We develop strategies to protect online game providers against attacks from cheat bots or malware, enforcing these in court, where necessary.

Whether a matter involves digital forms of distribution such as video-on-demand platforms or copyright and licensing issues in connection with the introduction of mobile place-shifting technologies throughout Europe, we are equally adept at providing sound advice. Our TMT specialists advise on the licensing of broadcasting rights and conduct proceedings and arbitration procedures related to the dissemination of films and sports programmes. The development and design of advertising models and cooperations is of particular importance. Finally, we optimise our clients’ advertising campaigns and make sure they are in compliance with competition and media law requirements.

We litigate matters concerning fundamental issues of press distribution under antitrust law, advise on press subsidies under state aid law and on the marketing of books via book clubs or digital channels. In press law matters, we assist companies and individuals alike, also representing them before the courts, e.g. to assert or prevent cease-and-desist claims or counter-statements.