firmprofile
beauty is the theme of the newest edition of roadmap, an annual schoenherr publication presenting overviews from our lawyers on recent and upcoming legal developments in our core practice areas, as well as critical insights and analyses of these developments.
artwork The concept of Beauty also plays a central role in the artwork of Leo Zogmayer, the Austrian artist whose designs, objects and photographs provide the artistic framework for roadmap15.
fiirmprofile edition Š 2015
central & eastern europe austria belgium/eu bulgaria croatia czech republic hungary moldova poland romania serbia slovakia slovenia turkey
schoenherr attorneys at law schoenherr is one of the top corporate law firms in Central and Eastern Europe. With our wide-ranging network of offices throughout CEE, we offer our clients unique coverage in the region. Our teams are tailor made, assembled from our various practice groups and across our network of offices. Such sharing of resources, local knowledge and international expertise allow us to offer the client the best possible service.
regulatory
leading lawyers
corporate/m&a
Many schoenherr lawyers are recognised leaders in their specialised areas of law. Our clients profit from the rich diversity of talents, languages and cultures that make our lawyers particularly versatile and adaptive.
eu & competition
ip, it & life sciences banking, finance & capital markets real estate compliance & white collar crime insolvency & restructuring new technologies
labour & employment
tax dispute resolution insurance
What connects art and law? Find out at www.schoenherr.eu/rm
full service banking, finance & capital markets schoenherr advises on banking, finance (including project and acquisition finance), debt restructuring and refinancing, acquisition and disposition of distressed assets and loan portfolios, claims trading, capital market transactions involving equity (including equity linked and hybrid), debt (including high yield) and regulatory capital issuances, funds, derivatives, structured finance, securitizations, and other financial services. We provide transactional and regulatory advice. In addition, we support our financial services clients in their litigation and dispute resolution needs, from high-profile disputes and major investigations to reputational risk management and compliance issues. Our lawyers act for major international and regional banks, other financial institutions (insurance companies, funds and asset managers), corporates (issuers, borrowers and sponsors), sovereigns, municipalities and quasi-sovereigns. Chambers Global, IFLR1000, Legal 500 and Germany’s JUVE have all provided
schoenherr is a full service firm, offering not only transactional advice of the highest level, but also unmatched expertise in competition, regulatory, intellectual property and other more specialised areas of law.
schoenherr’s banking and finance practice with their top-tier rankings. Services: General Banking; Finance (including Acquisition and Project Finance); Debt Restructuring and Refinancing; Acquisition and Disposition of Distressed and/or Non-Core Assets and Loan Portfolios; Claims Trading; Debt, Hybrid and Equity/ Equity Linked Capital Markets including Regulatory Capital Transactions; Derivatives, Structured Finance and Securitization; Funds and Asset Management; Regulatory and Financial Services; Banking, Financial Services and Derivatives Litigation. compliance & white collar crime In all areas of business, companies are facing mounting levels of compliance risk. Consequently, effective corporate compliance measures, corporate criminal proceedings and investigations have markedly gained in importance. In response to this, and to better service the needs of our clients, schoenherr has established a dedicated criminal compliance and white
collar crime team. The team’s substantive legal expertise in this area means it is well equipped to handle all aspects of compliance and white collar criminal matters. Services: Compliance Management Systems, Programmes, Guidelines, Workshops and Trainings, Monitoring Systems; Whistleblowing Hotlines; Anti-Bribery Law and White Collar Crime (Corruption, Fraud, Breach of Trust, Insider Trading, Money Laundering, Accounting Fraud, Insolvency Crimes, Environmental Criminal Law); Data Protection; Breach of Professional Secrecy. corporate/m&a Our core practice is advising and representing clients on transactions and complex corporate and commercial matters. Over the years, the practice group has built an outstanding record on headline and key transactions in Austria and throughout CEE/ SEE. schoenherr’s M&A teams advise on national and cross-border transactions, including private M&A, public tender offers, transactions for listed
companies, private equity and venture capital transactions, auction sales, privatisations, strategic alliances and joint ventures. Dedicated teams within the practice group focus on restructuring and insolvency, working together with the firm’s insolvency specialists to advise on distressed companies M&A. Together with the firm’s regulatory specialists, the corporate/M&A group has developed industry-specific expertise covering inter alia the following sectors: energy, financial institutions, telecoms, automotive, media and pharmaceuticals. schoenherr’s corporate/M&A practice has consistently been ranked in the highest tier by acclaimed legal directories such as Chambers Global, Chambers Europe, JUVE, IFLR1000, and Legal 500. Services: Corporate Governance; Cross-border Transactions; Joint Ventures; M&A; Privatisations; Public Takeovers; Private Equity; Venture Capital; Compliance Programmes; (Corporate) Restructurings and Distressed Companies
M&A; Sector-specific Transactions, including Financial Institutions, Energy and TMT; Corporate Litigation. dispute resolution Our dispute resolution practice group has extensive experience in the fields of commercial litigation, arbitration and other alternative methods of dispute resolution (ADR). Case-work also includes investor-state disputes. Schoenherr's excellent track-record in drafting tailor-made dispute resolution clauses and handling complex multi-jurisdictional disputes makes the firm an effective advocate of its clients' interests. Schoenherr's dispute resolution practice has been ranked in the top tiers by acclaimed legal directories such as Chambers Global, Chambers Europe, and Legal 500. Services: domestic and international commercial litigation; commercial and investor-state arbitration; mediation and other forms of alternative dispute resolution; pre-trial work and case management
eu & competition schoenherr’s EU & competition practice advises clients from across all industries in merger control, anti-trust and state aid matters on the European and national levels throughout the firm’s comprehensive network in the CEE region and its office in Brussels. In addition, the practice supports other teams when specific issues under European law arise, for instance under the Accession Agreements of the new Member States. Services: Merger Control/Multinational Filings; Antitrust Investigations; Compliance Programmes; Strategic Cooperation/Joint Venture; Distribution Agreements; Liberalisation; State Aid; EU Law. insolvency & restructuring schoenherr offers a unique combination of the know-how of a boutique insolvency firm and the comprehensive range of legal services of an international law firm. The firm’s insolvency and restructuring team covers all areas of insolvency law. It has an outstanding record in advising
both lenders and distressed borrowers on pre-insolvency reorganization and re-financing, as well as extensive experience in representing creditors in insolvency proceedings and insolvency related litigation. In addition, the insolvency and restructuring team frequently acts as legal advisor in cross-border insolvency proceedings and is permanent counsel of international banking associations in connection with close-out netting issues. schoenherr's insolvency and restructuring team is well regarded for its ability to efficiently handle complex, largescale restructurings and providing comprehensive advice, drawing, where necessary, upon experts from other practice groups, such as banking & finance and corporate m&a. schoenherr’s insolvency & restructuring practice is the only Austrian practice to receive the top (Tier 1) ranking in Chambers Global, Chambers Europe, and Legal 500. Services: Pre-Insolvency Reorganization and Refinancing; Protection of Creditors’ Rights;
Representation in Insolvency Proceedings and Insolvency-related Litigation; Close-Out Netting; Distressed M&A. insurance schoenherr’s insurance practice group advises many of Austria's and Europe's leading insurers on transactions in the insurance sector, as well as distribution structures, product design, and all related regulatory and tax matters for life, non-life, and reinsurance business. We provide detailed legal analysis of all applicable insurance laws and regulations, especially regarding life, d&o and property insurance. We also advise the Austrian Insurers' Association and provide assistance with Austrian insurance legislation. Services: Anti-corruption (Compliance Programmes, Guidelines, Monitoring Systems, etc); All Aspects of Life Insurance (including Product Design); Bancassurance; Distribution and Cooperation Agreements; General Terms and Conditions; Portfolio Transfers;
we arrived in the region nearly two decades ago and came to stay. The firm's lawyer turnover is oneof the lowest in the industry – and clients benefit from this stability and continuity. Warranty Insurance in M&A Transactions; Regulatory and Compliance; Tax, including Implementation of FATCA; Insurance M&A and Insurance Restructuring (including CrossBorder Mergers and Outsourcing); Insurance-related Litigation. ip, it & life sciences Headed by renowned Vienna partner Guido Kucsko, the schoenherr IP practice group has long-standing experience in trademark, design, patent, copyright and unfair competition matters. Its members frequently represent parties in ground-breaking court cases in national and European courts. The team is also active in brand enforcement such as combating product and software piracy, including customs seizures and domain disputes. The practice group is particularly strong in trademark and design prosecution and portfolio management. It also offers an integrated service on contentious and non-contentious IP, IT, and new technology related issues and advises on M&A and finance transactions with an IP/IT focus. Other core areas are
food and drug law, life sciences and unfair competition. Services: Anti-piracy; Biotechnology; Border Detention; Copyright; Designs; Domain Names; E-commerce; Food and Drug Law; IP Transactional Work (M&A, Finance); IT outsourcing; Licensing; Litigation; Patents; Brand Development; Prosecution (TM and Designs); Pharmaceuticals; Research and Development Agreements; Software Agreements; Trademarks. labour & employment Our labour & employment team covers 12 jurisdictions in CEE and advises on all aspects of employment law from the beginning through to the end of the employment relationship, for both contentious and non-contentious matters. It focuses on employment issues arising in the course of mergers and acquisitions, transfer of undertakings, workforce and management restructuring, domestic and crossborder transfer of employees, restructuring of businesses, downsizing and closure of production lines, white collar
crime and employment related issues, employment tribunal litigation, workforce restructuring and related negotiations with employees, their representatives and trade unions, as well as general non-contentious employment advice. Services: Restructuring and Reorganisation Planning; Transfer of Undertakings; Contentious Employment Litigation; White Collar Crime and Employmentrelated Issues; Compensation Structures (Executive and Non-executive); Employment and Management Contracts; Pension Plans; Share Ownership Plans (including Stock Options); Tailor-made in-house Client Seminars; Immigration; General non-contentious Employment Advice. new technologies Intelligent Devices, Apps, Cloud Computing, Social Media, Big Data and outsourced IT services – modern technologies rarely follow
traditional law sectors. In order to meet today the demands of tomorrow’s technologies, the newTech team combines the strength of leading experts in IP, IT, privacy, and telecommunications law. The newTech team provides true one stop shop legal services in the world of new technologies. Our combined know-how ensures an optimized understanding of our client’s needs and trans-sectoral, full coverage legal advice right from the start. Services: App-development; Cloud Computing; Data Protection & Data Security; Domain Name Protection; E-commerce; Global Anti-Piracy; Interactive Web Applications; Outsourcing; General Terms & Conditions; Global Network-Communication; Online Gaming; Social Media Platforms; Softwarelicensing; User Generated Content; Web Based Services; Webshops; Website Development. real estate The real estate practice group is highly regarded across CEE/SEE. It
established enjoys high visibility in the region’s largest and most important transactions and projects. The team advises clients on all legal aspects of their real estate businesses. The main focus of schoenherr’s real estate practice is advising investors and developers on the acquisition of real estate via asset and share deals, including tax structuring and financing; the development of real estate, from permits to building contracts to lease contracts; sale and lease back; claim management; real estate-related litigation; joint ventures and PPP projects in connection with infrastructure; energy projects (solar parks, wind parks, photovoltaic plants); structuring real estate funds; and innovative capital markets transactions and restructurings. Services: Acquisition/Sale of Real Estate and Real Estate Companies; Project Development; Construction; Due Diligence/Title Investigation; Financing Structures; Structuring of Real Estate Funds and Real Estate Stock Corporations; Lease Agreements; Sale and Lease Back;
Claim Management; Contracts for Architects, General Contractors and Builders; Plant Construction and Building Permits; Land Registry Law; Real Estate-Related Litigation; PPP Projects in Connection with Infrastructure; Energy Projects (Solar Parks, Wind Parks, Photovoltaic Plants). regulatory schoenherr’s regulatory expertise and longstanding experience is recognised as the standard bearer for regulatory-related advice. By providing a wide-ranging and consistently reliable service, the regulatory practice group, consisting of more than 20 lawyers, has successfully advised leading players in the infrastructure, energy (electricity, oil, gas), waste, pulp, paper, mining, steel, automotive, glass, food, utilities, entertainment, pharmacy and research sectors. The team also advises stakeholders and public authorities on the current legislation and implementation of EU Directives. The practice group’s expertise
guarantees comprehensive first-rate legal advice in all matters of constitutional and administrative law, particularly with respect to environmental, energy, life science, privacy and telecommunications law, as well as privatisations, public private partnerships and public procurement. Services: Environmental Law (including Environmental Impact Assessments, Construction, Plant Licensing and Clean Ups); Infrastructure; Energy (including Renewables and Emission Trading); Telecoms; E-commerce and Data Protection; Health Institutions and Pharmacies; Privatizations; Public Procurement and Public Private Partnerships; State Aid; Due Diligence. tax schoenherr’s tax practice group advises domestic and international clients on their most sophisticated and challenging tax matters. Considering the importance of tax aspects to the success of a
transaction, our tax team seamlessly works together with the other schoenherr practice groups, in particular the corporate/M&A and banking & capital markets groups. In the event of transactional advice, our tax team is involved from the outset and continues through into post-transaction tax planning. In addition, the team also renders stand – alone tax planning advice. Through detailed analysis of the client's business, it provides tailor-made tax solutions that fit the client’s particular needs. Services: Transactional Tax Advice, in particular in the M&A Area; Corporate Restructurings; International Tax Planning; Financing Transactions, Capital Markets and Structured Products; Investment Funds; Succession and Estate Planning for High Net Worth Individuals; Tax Litigation.
innovative
Quality, flexibility, innovation, and practical problem-solving in complex commercial mandates are at the core of the schoenherr philosophy. We have a track record of getting deals done with our can-do, solution-oriented approach.
schoenherr's outstanding reputation in all practice areas is evidenced by the firm's numerous prestigious awards, including: South East Europe Law Firm of the Year (Chambers Europe, 2015) Law Firm of the Year: Austria (The Lawyer, 2015) Austrian Legal Adviser of the Year (Mergermarket European M&A Awards, 2014) Austrian Client Service Law Firm of the Year (Chambers Europe, 2014) Emerging Europe Legal Adviser of the Year (Private Equity Awards, 2013)
www.schoenherr.eu