We have a long and successful history of representing clients in the chemical industry. We are familiar with the particular legal issues the chemical industry is facing in its business, from siting including contamination and other environmental issues, acquisition of real estate including greenfield and brownfield facilities, the construction and permitting of facilities, the production and distribution as well as product defense and compliance with the ever-expanding array of regulatory provisions. Our clients appreciate our pragmatic and commercial approach to tackle issues.
We are in particular representing and advising European chemical companies in all aspects of multijurisdictional M&A related issues. We also have special expertise in the establishment, adjustment and dissolution of joint ventures across the value chain, inclusive tax considerations and representing in litigation.
Our experience includes in particular:
- Representing a leading Dutch chemical company in a transaction regarding business transfer and business swap with a major Japanese chemical company, including merger control issues.
- Advising a major Germany based global chemical group in various M&A deals in Japan by developing road-maps for each project including innovative transaction structures of multi-dimensional governance.
- Providing general counsel to Japanese subsidiaries of a leading German chemical company, including legal advice on the establishment of a Joint Venture with a major Japanese entity and providing legal advice regarding the demolition of a chemical plant and relevant tax issues.
- Giving legal counsel to a German chemical group in litigation with a Japanese chemical company over the evaluation of share prices upon termination of a share investment of the German entity in the Japanese entity.
- Advise a German leading Chemical company in connection with a potential non-compliant product with the aim to defend against third party claims and avoid a product recall.
General advice we can give for your business includes in particular:
- Incorporation of subsidiaries or branches in Germany and Japan
- Comprehensive advice on (multijurisdictional) joint venture and financing transactions, including due diligence as well as acquisition and project finance advice
- Providing counsel on technology transfer and licensing arrangements
- Counseling on corporate and financial restructurings, including employment law and tax issues
- Advise on the applicable regulations and representation before the relevant authorities
- Comprehensive advice on product liability matters and liability risks for chemical products, including defense against investigations by authorities, claims by customers and competitors in and out of court, implementation of product recalls, and enforcement of rights of recourse
- Patent portfolio development, licensing, patent preparation and prosecution, patent litigation, contested patent office proceedings, arbitration
- Advise on antitrust, competition and compliance issues
- Drafting and negotiating commercial contracts, such as supply, distribution and agency agreements