FPS advises companies of all sizes on matters relating to their internal constitution, the division of labour between the executive bodies, the drafting of rules of procedure and any other checks and balances that a well-managed company must have. This extends to the rules of corporate governance – taking into account corresponding standards in the home countries of the group’s parent companies where necessary – and to the adherence to conduct obligations prescribed by corporate and public law (compliance).

Our advisory services include drawing up internal company constitutions, drafting and implementing rules of procedure for the management, executive board, supervisory board or advisory board and implementing the German Corporate Governance Code.

Even in matters concerning corporate law, conflicts are not always avoidable. Accordingly, it goes without saying that we are also on hand to assist our clients when disputes arise involving shareholders, the management and members of the executive or supervisory board. The priority here is on out-of-court dispute resolution. If this is unsuccessful, we also represent our clients in mediation, court and arbitration proceedings. Finally, we also specialise in pursuing and defending claims arising from business purchase agreements as well as enforcing non-compete clauses.

Due to the tightening of legislation and case law following the financial crisis, the personal liability of managing directors as well as members of executive and supervisory boards has taken on practical significance. Accordingly, we advise our clients on liability matters involving executive bodies in internal and external relationships as well as in the area of D&O insurance. Our clients benefit from our many years of experience in the field of liability law for the liberal professions and from our trusting working relationships with insurers.

Our work particularly includes drafting and negotiating executive board and managing director contracts, advising members of supervisory bodies, advising on co-determination issues and representing clients in and out of court in liability matters.

FPS supports companies with all aspects of corporate housekeeping, from foundation and compliance to transactions. Our experienced team of experts assists with due diligence, contract negotiations and transaction structuring. We minimise legal risks, ensure compliance and facilitate successful transactions. With individual solutions and extensive industry knowledge, we provide an excellent service to help our clients achieve their business goals.

Representing clients in infringement proceedings has always been a key area of expertise at FPS. For decades, notable rights holders have entrusted the judicial assertion of their rights to the experienced FPS lawyers. FPS is often involved in the investigation of infringement cases as well as the inspection and preservation of evidence in advance. We also support our clients in border seizure cases. Representation is provided in all areas of IP law before the relevant courts and agencies.

Media law regulates the use, distribution and production of media content such as radio, television, print media and online media. Press law is a part of this and deals with framework conditions of the press, including freedom of the press, editorial independence, personal rights, media liability and the right of reply. FPS advises media companies on legal matters relating to freedom of expression, including advice on media content and legal representation in proceedings involving the right of reply, injunctive relief and compensation for damages. We possess industry knowledge and offer advice on typical media contracts, cross-media collaborations and freelance authors. We also support Internet platforms in the areas of copyright, consumer protection and data protection. In the event of online legal violations, we successfully cooperate with law enforcement agencies.

FPS advises in all areas of IT contract law. Whether clients need support in drafting and negotiating IT project contracts, designing and running outsourcing projects or making use of cloud services – we are on hand to help with our experts. In addition to many years of experience in advising a wide range of industries and companies of all sizes, our team has a real technical affinity and a special degree of creativity. This gives us a good technical understanding of our clients’ concerns and business models and enables us to find the best solution for them. Our services include drafting and negotiating IT project contracts (agile, classic, managed services, new business models), outsourcing contracts, service descriptions, service level agreements and pricing plans, and helping clients to prepare for due diligence processes, vendor conferences and on-site visits. We also oversee project and system integration measures as well as hardware and software maintenance and draft licensing, escrow and distribution agreements.

In many cases, carefully drawn-up project contracts protect the parties from disputes. Due to the content and complexity of IT projects, however, disputes cannot be completely ruled out. We help our clients to get troubled projects back on track by finding sensible solutions. If necessary, we also support them when asserting their rights (judicially) or defending against claims.

Digitalisation unlocks new opportunities for companies and creates space for future-oriented and scalable business models. Data has become the most valuable currency in the digital world. Data protection law – or now data law – is a separate advisory field at FPS rather than a mere annex to other areas of law. FPS helps companies to devise future-proof and legally compliant data usage concepts so that they can achieve their goals when using new technologies: innovation and data protection – when understood correctly – needn’t contradict one another. The GDPR with its drastic fines has significantly increased the risks for companies. FPS establishes what a company is permitted to do with the data and ensures compliance with data protection requirements in a pragmatic way by setting up a data protection management system, which, among other things, includes records of processing activities, data protection policies, data protection information, deletion and authorisation concepts, data protection impact assessments, processes for dealing with information and deletion requests from data subjects and much more besides. And if penalty proceedings are initiated, we defend our clients’ rights against the supervisory authorities. We also provide external data protection officers for our clients – for data protection from one single source.

Our lawyers assist companies and management teams as well as creditors and insolvency administrators in all proceedings relating to insolvency law. This particularly applies to representation in avoidance proceedings, but also in all matters concerning the liability of different parties involved in insolvency proceedings.

We advise and support our clients in criminal tax matters, tax audits and out-of-court proceedings and represent them in proceedings before the fiscal courts.