Commercial

Contract negotiation and drafting

For decades, Gleiss Lutz has been a trusted advisor to leading German and international clients in drafting complex contracts and navigating challenging negotiations. We have played a key role in numerous landmark negotiations in emerging legal areas, helping to define new industry standards for autonomous driving and the fast-growing food delivery service sector in Germany, for example.

• Extensive experience in cross-border negotiations and with complex (international) contract structures
• Comprehensive expertise across sectors 
• At the forefront of future trends
• Innovative, legally sound and compliant solutions

Purchasing and distribution networks

For decades, we’ve supported our clients in building global purchasing and distribution networks. We also have extensive experience in advising on the design of contract management systems and training of managers and decision-makers in this area.

• Advice on current fundamental issues and major cross-border projects
• Development of selective distributPion systems and terms and conditions frameworks
• Introduction of new distribution channels, including online sales and e-commerce
• Distribution cooperations and negotiation of framework distribution agreements, including the resolution of disputes with commercial agents and distribution partners in an international context

The Metaverse

Cryptoasset trading is the financial backbone of the metaverse and Web3 applications and – thanks to advances in technology – can take on a variety of shapes and forms. Offering and using cross-border metaverse services and decentralised Web3 applications gives rise to a host of legal issues – posing new challenges for digital commerce.

• Pioneering role in Web3 and the metaverse
• Numerous groundbreaking publications and lectures as well as our own metaverse office
• Comprehensive legal advice, in particular on contract drafting and liability
  
  Read More

Artificial Intelligence

We help companies design legally compliant AI projects and implement them in full consideration of regulatory, liability, and data protection requirements. This includes drafting contracts that mitigate legal risks in AI use.

We also advise on the structuring of smart contracts and the liability issues around AI, including who is liable if AI violates intellectual property rights.
Read more

Product Compliance 

Product compliance is essential for companies engaged in the manufacture, import, retail sale and distribution of products or related services. It is also their licence to play. Product compliance is not just about complying with laws and standards, but also about ensuring that products meet the high expectations held by customers and society in general. That can involve numerous challenges:

• Global reach requires compliance with multiple international standards and guidelines
• Implementing product compliance in compliance structures, business processes and company culture 
• The increasing significance of fields related to product compliance, such as ESG and digitalisation

ESG and supply chain compliance 

Supply chains are the backbone of today’s global economy. As Environmental, Social, and Governance (ESG) factors gain strategic prominence, businesses face mounting pressure to uphold higher standards in terms of ecological and social sustainability. With expanding operations and global reach, this responsibility now extends deep into the supply chain – responsibility for the environment, and responsibility for human rights. The legal framework is constantly evolving and presenting companies with new challenges.

• General (international) sale of goods and contract law
• ESG-compliant supply chain structuring, EUDR
• (National) supply chain due diligence law
• Product supply chain due diligence

Regulatory Compliance

Companies face an increasingly complex and dynamic regulatory landscape – ranging from chemical substance regulations (REACH and the RoHS Directive), to sustainability and recycling requirements (Battery and Ecodesign Regulations), to digital business model rules (DSA).These closely intertwined requirements – and the accompanying sector-specific regulations – can affect the entire supply chain. Even minor legal changes can have a major impact on product marketability, making it necessary to keep a close eye on legal developments to stay responsive.

We assist companies by:

• developing flexible and customised compliance strategies,
• advising on the complex regulatory landscape and individual requirements based on the specific product, business model and market, and
• conducting sector-specific monitoring for relevant legal changes.

E-commerce and industry 4.0

We have a wealth of experience in all areas of e-commerce and internet law and a proven track record in cutting-edge fields such as industry 4.0 and autonomous driving. We assist clients in setting up their online stores, identifying the best solutions to the legal challenges presented by e-commerce.

• Drafting of key legal texts such as terms of use
• Review of processes and alignment of foreign terms and policies with German law, especially consumer protection regulations
• Focus on financial service providers and payment procedures
• Assistance with relevant data protection requirements

Litigation

Commercial disputes are rarely simple and often time-consuming, posing a challenge not only due to their size and complexity, but also as a result of the increasingly sophisticated litigation industry. The main focus should therefore be on avoiding unnecessary disputes and successfully resolving escalating conflicts by taking decisive action. 

We offer:

• Extensive experience in commercial disputes involving liability, recourse disputes and mass litigation
• High-level expertise in complex matters with unique sector-specific challenges
• Skilled and effective representation before national courts and international arbitral tribunals 

Risk and crisis management

Robust and reliable risk and crisis management forms the foundation of any successful business, and a clear and decisive response is key in a worst-case scenario. Gleiss Lutz has been a leading advisor in this field for decades and has successfully guided numerous clients through crisis situations.

• Product liability and safety law
• Preventive advice, development of strategies to mitigate risks, avoid crises and handle recalls
• Negotiation of quality assurance agreements
• Coordination of recalls, in particular liaising with insurance companies and authorities in Germany and abroad

Foreign trade law

Globalisation makes cross-border trade easier, but it also opens the door to additional risks in the international arena. With extensive experience in foreign trade and EU market regulation, Gleiss Lutz expertly guides companies through the complexities of global commerce.

• Representing companies in their dealings with public authorities and courts, in particular in investigations and cartel proceedings
• Structuring in-house distribution models and contractual relationships with suppliers/customers in accordance with foreign trade requirements
• Customs law issues and investment protection, including export control
• Cross-border transactions