Maximilian Nerb

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.

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.

Within the IP office at FPS, we have set up a dedicated task force focused on combating product piracy. The illegal reproduction and sale of branded goods causes significant revenue losses for brand manufacturers, damages the overall economy and puts jobs at risk. 

Our FPS product piracy task force is proactive in taking action against pirated goods as well as parallel imports and works closely with the relevant authorities such as the public prosecutor’s office, customs forces and the police. We prepare arrests, recover any profits made through piracy and coordinate seizures. Our consulting services include general market observation, especially online, and targeted investigations into individual infringers. We seize counterfeit goods, conduct searches of infringing companies and secure evidence. In the litigation process, we assert claims for injunctive relief, information, damages and destruction.

Artificial intelligence (AI) has become increasingly important in recent years and is influencing more and more areas of life and the economy. This also gives rise to new legal issues that have to be dealt with by lawyers, courts and legislators, including the protection of AI-generated works, the issue of copyright attribution and any liability issues involving AI-generated content. Adequate legislation is needed to protect intellectual property related to AI, while fostering innovation and creativity. The legal team at FPS provides comprehensive advisory services to help companies deal with the challenges and opportunities presented by AI in the field of intellectual property.

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.