Mergers & Acquisition
There are many law firms in Germany specializing in issues related to the protection of technologies. There are also law firms that list M&A transactions as one of their areas of specialization. And, there are law firms knowledgeable about the business models of the technology sector.
Heymann & Partner is one of the few law firms in the German market offering top-level legal advice in all three areas.
It is for this reason that clients retain us when the value of the target company depends largely on exploiting its technology assets, or when the target’s business operations rely heavily on the ability to exploit its intellectual property rights. Both situations arise primarily in connection with the acquisition or sale of companies operating in the (high) technology, or the so-called M&E (Media & Entertainment), sectors. Our IP team and our M&A specialists collaborate closely to quickly and reliably identify the technology law-related issues which are of critical importance to purchasers of such companies, to perform intellectual property-related due diligence reviews, and to deal with all issues that might give rise to contention during the warranty negotiations. When we represent the seller, we are able to anticipate those IP-related issues that are critical to the buyer, correct any IP-related weaknesses of the company to be sold before the transaction takes place, and ensure that the data room is optimally equipped and suited for the current state of the transaction. During the negotiation phase, we help the seller understand the limits of the warranty protection the purchaser may reasonably demand under applicable intellectual property laws, and which demands are excessive and out of line with market standards.
We have a proven track record in all types of M&A transactions including stock and asset purchases, acquisitions of distressed assets, public tender offers for listed companies, mergers, demergers and spin-offs of business units, acquisitions of minority interests, and joint ventures. As most of our M&A clients are foreign companies, one of our key services is providing advice on cross border transactions. We are able to rely on well-established, tested relationships with top-level law firms in all relevant jurisdictions. As one of the few independent high-end transaction law firms in Germany, we are not tied to any particular foreign partners and are always free to select the law firm that is best qualified for the specific transaction.