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Schoenherr (Schönherr Rechtsanwälte)

SCHOTTENRING 19, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 53 43 70
Email:
Web:
www.schoenherr.eu
Belgrade, Bratislava, Brussels, Bucharest, Budapest, Chisinau and 8 more

The firm: Schoenherr is a leading full-service law firm providing local and international companies stellar advice that is straight to the point. With 14 offices and four country desks Schoenherr has a firm footprint in Central and Eastern Europe.* The firm’s lawyers are recognised leaders in their specialised areas and have a track record of getting deals done with a can-do, solution-oriented approach. Quality, flexibility, innovation and practical problem-solving in complex commercial mandates are at the core of Schoenherr’s philosophy.

*Schoenherr has offices, country desks and permanent cooperation partners in Albania, Austria, Belgium, Bosnia & Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, North Macedonia, Moldova, Montenegro, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey and Ukraine. Schoenherr is in compliance with the respective local legal standards and conduct rules in all countries where it is active; therefore, the local firm name may vary from jurisdiction to jurisdiction.

Areas of practice: Banking and finance: the firm advises on general banking, including investment fund matters, and project, asset and structured finance including cross-border (equipment and facility) leases.

Capital markets: the firm has an IPO Practice and advises on cross-border equity and debt offerings, advising issuers, underwriters and transaction counsel.

Compliance and criminal defence: the firm handles all aspects, including preventive measures, corporate criminal proceedings and investigations. This includes tailor-made compliance programmes.

Corporate investigations and crisis management: the firm advises on matters related to investigations of corporate crimes, violations of anti-trust rules, confidential information leaks, tax evasion and breach of legal duties.

Corporate/M&A: the firmis involved in mandates regarding setting

up companies, corporations and partnerships, group restructurings (mergers, de-mergers, spin-offs), private and public mergers, and acquisitions.

Dispute resolution: the firm has a broad practice and advises on large-scale corporate and business litigation and arbitration under ICC, UNCITRAL and the Vienna rules.

EU and competition: the firm is involved in competition and regulatory law at both EC and national levels including compliance, merger control, assisting corporations in cartel, state aid investigations and proceedings.

Healthcare and life sciences: the firm acts for and advises all stakeholders active in the health care, life sciences, biotech and pharma industries.

Insolvency and restructuring: the firm focuses on advising lenders and distressed borrowers on pre-insolvency reorganisation and refinancings. The team works closely with the firm’s transactional teams on distressed M&A.

Insurance: the firm advises Europe’s leading insurers on transactions in the insurance sector, as well as on distribution structures, product design and all related regulatory and tax matters for life, non-life and reinsurance business.

IP and Unfair Commercial Practices: the firm handles trade marks, patents and copyrights, including litigation and in particular unfair competition matters.

Labour and employment: the firm handles employment issues arising in the course of M&A, transfer of undertakings, workforce and management restructuring, as well as company representation in employment litigation.

Real estate and construction: the firm advises on the acquisition of real estate via asset and share deals, including tax structuring and financing; real estate development; sale and lease back; claim management; litigation; joint ventures;  PPP projects; and structuring real estate funds.

Regulatory: the firm advises on inter alia plant licensing, environmental matters, data protection, telecoms and energy law.

Start-up and venture capital services: the firm covers all aspects that become relevant during the life cycle of a start-up, advising investors and founders in Austria and CEE.

Tax: the firm provides advice on tax-related matters on a broad range of issues, including: transactional tax advice; corporate restructurings; international tax planning; financing transactions, capital markets and structured products; investment funds; succession and estate planning for HNWI's; and tax litigation.

Technology and digitalisation: the firm’s team meets the demands of tomorrow’s technologies by combining the strength of leading experts in IP, IT, privacy and telecommunications law.

  • Other offices
  • Belgrade
  • Bratislava
  • Brussels
  • Bucharest
  • Budapest
  • Chisinau
  • Istanbul
  • Ljubljana
  • Podgorica
  • Prague
  • Sofia
  • Warsaw
  • Zagreb
  • desks in Albania
  • Bosnia-Herzegovina
  • North Macedonia
  • Number of lawyers: 300+
  • Languages
  • English
  • French
  • German
  • Spanish
  • Afrikaans
  • Arabic
  • Hungarian
  • Italian
  • Macedonian
  • Polish
  • Portuguese
  • Russian
  • Turkish
  • Ukrainian
  • Croatian
  • Slovenian
  • Czech
  • Romanian
  • Bosnian
  • Bulgarian
  • Serbian
  • Norwegian
  • Slovakian

Above material supplied by Schoenherr (Schönherr Rechtsanwälte).

Legal Developments by:
Schoenherr (Schönherr Rechtsanwälte)

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • THE NATIONAL REGULATION ON THE SECURITY OF "NIS" IN AUSTRIA SHOULD BE OF INTEREST TO YOU

    Good things come to those who wait? Finally, the main implementing regulation for the Austrian Law on Network and Information System Security ( Netz- und Informationssystemsicherheitsgesetz , " NISG ") was published last week. It serves primarily to define which companies are actually affected by the NISG. Now it is getting serious for the operators of " essential services ". What does that mean?
    - Dorda
  • "BLACK FRIDAY" - NOW FREELY USABLE FOR PROMOTIONS IN AUSTRIA

    Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for " BLACK FRIDAY " was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive " Black Friday-Cooperation Program " was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark " BLACK FRIDAY " is not protected in Austria .
    - Dorda
  • AUSTRIA: ANONYMISATION ACCEPTED AS VALID DATA DELETION METHOD

    On 5th December 2018, the Austrian data protection authority ( Datenschutzbehörde , "DSB") issued a decision (DSB-D123.270/0009-DSB/2018) on data subject's right to data deletion according to Art 17 GDPR. In a nutshell, the DSB accepted consistent anonymisation as a valid alternative to physical and technical deletion. Beside the clear statement that anonymous data is not subject to the GDPR, the DSB provided detailed information on (technical) requirements of anonymisation methods:
    - Dorda
  • Consent or pay – a valid scheme under the GDPR?

    Media companies throughout Europe struggle with a difficult economic environment: Shrinking sales figures for print products, the digitalisation and consumer demand force publishers to offer their content also on the internet. However, generating money for online publications is not quite easy as – at least in Austria – online subscription against renumeration has not been well accepted by customers. This partially has its root in the lack of suitable micropayment means in the past and users thus getting acquainted to online information being offered for free. Thus, publishers have instead focused on financing their platforms by online marketing activities such as placement of banners. Nowadays such digital advertisement is usually targeted to the specific user. For this purpose, cookies are stored on the user's computer upon his first visit of the website, which then collect data about his location, technical equipment used and online behaviour. This finally allows to display specific, user targeted advertisements. However, such cookies may cause issues with applicable consent requirements under the telecommunication and data protection regulations:
    - Dorda
  • fwp expands know-how thanks to new junior partner

    Vienna, March 2019. Fellner Wratzfeld & Partner GmbH (fwp) adds valuable competence and expertise to the team by welcoming Pavel Bachleda in its midst as a new attorney-at-law and junior partner.
  • fwp helps find a new mega arena location

    fwp helps find a new mega arena location
  • AUSTRIAN DATA PROTECTION AUTHORITY ISSUED THE "BLACK LIST"

    Processing operations subject to the requirement of a data protection impact assessment.
    - Dorda
  • Rien ne va plus!

     
    - Dorda
  • DORDA advises on the acquisition of Austrian office properties Denk Drei

    Stefan Artner , Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH ( ARE , a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development . The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.
    - Dorda
  • Austrian "White List"

    Exceptions from the OBLIGATION TO CARRY OUT A data protection impact assessment
    - Dorda