The Corporate Law/M&A practice of SKW Schwarz bundles our expertise in various sectors of law that are often closely linked to and overlap each other. Thus, our clients receive comprehensive advice on all aspects of their business activities.
SKW Schwarz advises businesses of any size, no matter if they are organized as a corporate entity or as a partnership, including in particular mid-market, often family-operated companies in all matters of corporate law, from their creation until their sale or IPO.
We support our clients not only in their individual ‘one-time’ transactions (such as the acquisition or sale of a company, restructurings, participations, mergers, split-ups, spin-offs, carve-outs, creation of joint ventures or other strategic alliances, modification of legal form etc.), but also in the context of day-to-day business matters (continuous advice in corporate law, organisation of shareholders’ meetings, legal support for executive officers, managing directors and shareholders etc.).
The assistance by SKW Schwarz includes also our clients’ representation in litigation proceedings, whether before the public courts or at arbitration, for example as regards a shareholder dispute.
Obviously, we accompany our clients not only in Germany, but with the backup of our international law firm networks also in most other global jurisdictions. We offer particular expertise for French-German transactions and investments, in the context of which we deploy our long standing experience with the French jurisdiction and, last but not least, our knowledge of the French mentality and language.
Our clients come from various industry sectors; we are considered as a market leader for media & entertainment, information technologies, e-commerce, press, publishing and communication, games, but we are providing our services also to other industries, such as retail, consumer goods, commodities, fashion and luxury goods, banks and financing institutes, automotive, hotels and tourism, real estate, insurance, furniture, renewable energies, life sciences, biotech etc.
Mergers & Acquisitions
Mergers and acquisitions are an indispensable strategy tool for all groups of companies and mid-size corporations following a strategic approach, with the aim to improve its position within a competitive market.
SKW Schwarz has long standing experience in the mergers and acquisitions business, whether in Germany or within an international context. We focus on mid-market transactions. We provide our support to the transaction, from its start up to its final implementation:
- structuring and financing;
- negotiation and drafting of confidentiality agreement and letter of intent;
- legal due diligence for the identification and comprehensive assessment of opportunities and risks of the transaction;
- negotiation, drafting and implementation of the contractual documentation;
- support in the context of a bidding process, be it for the seller (structuring and process backup, seller due diligence), be it for the potential acquirer / bidder (structuring and set up of the offer);
- coordination of the specialists for related legal sectors, as required for a specific transaction, for example employment, intellectual property, unfair competition and antitrust, real estate or tax.
Our international connections to independent law firms in other jurisdictions enable our clients to quickly and cost-efficiently implement also complex cross-border transactions. The individual selection of the foreign law firm is made exclusively with regard to its quality and the specific interest and needs of each individual client.
The long-term business success of a company depends on a sustainable and forward-looking way of doing business that ensures that competitors or authorities do not find weak points. Increasingly, this includes protection against antitrust charges from authorities or competitors.
SKW Schwarz advises companies about merger control and other plans which might trigger charges that the company restricts, distorts or prevents competition. We analyze merger and cooperation plans concerning any antitrust issues and support companies in their daily business. Establishing a distribution network, extending the market position or intensifying business contacts are only some issues which might touch upon antitrust law. Overlooking any risks may result in considerable fines, damage payments or other, sometimes serious consequences.
We conduct complaint proceedings before the EU Commission and represent our clients in monetary fine and subsidy procedures before authorities and in court.
Private Equity / Venture Capital
SKW Schwarz advises private equity and venture capital funds from the fund structuring to the subsequent investment in majority-interest (buy-outs) or venture capital participations up to the exit strategy. Moreover, we often represent the management or the company itself in financing rounds. We prepare and structure the transaction, conduct the vendor/target due diligence, draft the contractual documentation and carry out the project management.
Growth financing is a key aspect of our work. For example, we support the founding shareholders of a company during the first, private financing rounds and help them to ensure that they participate in the growing value of the company and, at the same time, limit their risks. We advise the management and the existing investors in further financing rounds with new investors/shareholders. We also know how to support business angels and private investors at the early financing stages or at other private investments in start-up companies.