Expertise


Contract Law and Contract Review

A good contract is the foundation for asserting rights and for protection from unjustified claims. A contract drafted with care can limit possible liabilities and helps to avoid unnecessary costs.

 

We have many years of experience with contracts from almost all fields of law. We assist our clients by negotiating, drafting, reviewing and enforcing their agreements. Proper negotiations as well as professional drafting and review help to avoid problems and lengthy proceedings later on.

 

Good contractual terms should not be underestimated! Our experienced attorneys know the numerous risks associated with contracts.

 

Principal areas of expertise:

  • Negotiation, drafting and review of contracts of all types
  • Drafting and review of contracts in English
  • Drafting, review and updating of general terms and conditions (T&C)
  • Revising of contracts and T&C as well as legal advice in connection with the new consumer rights (Austrian transposition of the Directive on Consumer Rights)
  • Drafting and review of letters of intent and of legal tenders
  • Deeds of association, company agreements
  • Share purchase agreements (SPA) and asset purchase agreements (APA)
  • Due diligence reports

Portfolio (Selection):

  • Purchase agreements
  • Donation contracts
  • Loan agreements, leasing agreements (including the field of aviation) and other financing agreements
  • Deeds of association, deeds of partnership
  • Joint venture agreements
  • Commercial agency agreements
  • Service agreements
  • IP contracts such as license agreements, software agreements, know-how agreements
  • Real estate agreements
  • Employment contracts, service agreements for managing directors
  • Rental, tenancy, loan and custody contracts


Competition Law and Marketing

Legal advice in the fields of marketing, advertising and product design is one of our passions. Our clients know and appreciate our quick and competent support in all areas of unfair competition law.

 

It is a pleasure for us to answer questions with respect to the designing of marketing materials. Our clients trust in our advice in case they have doubts whether an advertising claim or slogan is permissible, when creating sweepstakes or contests, with regard to the use of test results, poll ratings or statistics.

 

Our experienced lawyers of course also assist in case “countermeasures” are required against unfair commercial practices of competitors. Quick reactions to unfair methods help to avoid considerable material and possible immaterial damages. In case a client becomes a victim of unfair commercial practices in a public manner, we help to obtain judicial relief and public rectification.

 

Data Protection law also plays an increasingly important role. Correct use of personal data is extremely important in order to avoid legal actions of competitors and associated high costs or administrative penalties. Against the background of evermore rigorous legislation, in particular at European level, enterprises require routinely assessment of their compliance with data protection provisions.

 

Principal areas of expertise:

  • Assessing advertising measures
  • Legal advice on internet and domain law (e.g. observance of information duties, E-Commerce and conclusion of contracts over the internet, data protection, copyright in website content, general terms and conditions, assessing websites with respect to possible liability risks)
  • Advice in connection with inadmissible taking-over of pieces of workmanship (e.g. theft of trade secrets, exploitation of product developments)
  • Litigation, filing of complaints and applications for preliminary injunctions
  • Assessing notification duties and consent requirements with respect to the use of personal data and the operation of data applications, drafting declarations of consent as required under Austrian data protection and telecommunications law
  • Legal advice with respect to national or international transfers of personal data, outsourcing of personal data
  • Advice and representation in commercial and corporate criminal law


Labour Law and Data Protection

Legal advice in the fields of labour law, data protection and privacy rights is one of our passions.

 

It is a pleasure for us to answer questions with respect to the designing of marketing materials. Our clients trust in our advice in case they have doubts whether an advertising claim or slogan is permissible, when creating sweepstakes or contests, with regard to the use of test results, poll ratings or statistics.

 

Our experienced lawyers of course also assist in case “countermeasures” are required against unfair commercial practices of competitors. Quick reactions to unfair methods help to avoid considerable material and possible immaterial damages. In case a client becomes a victim of unfair commercial practices in a public manner, we help to obtain judicial relief and public rectification.

 

Data Protection law also plays an increasingly important role. Correct use of personal data is extremely important in order to avoid legal actions of competitors and associated high costs or administrative penalties. Against the background of evermore rigorous legislation, in particular at European level, enterprises require routinely assessment of their compliance with data protection provisions.

 

Principal areas of expertise:

  • Assessing advertising measures
  • Legal advice on internet and domain law (e.g. observance of information duties, E-Commerce and conclusion of contracts over the internet, data protection, copyright in website content, general terms and conditions, assessing websites with respect to possible liability risks)
  • Advice in connection with inadmissible taking-over of pieces of workmanship (e.g. theft of trade secrets, exploitation of product developments)
  • Litigation, filing of complaints and applications for preliminary injunctions
  • Assessing notification duties and consent requirements with respect to the use of personal data and the operation of data applications, drafting declarations of consent as required under Austrian data protection and telecommunications law
  • Legal advice with respect to national or international transfers of personal data, outsourcing of personal data
  • Advice and representation in commercial and corporate criminal law


Trademarks, Design, Patent and Copyright Law

By advising at an early stage we can help you to avoid adverse conflicts and unnecessary costs. We will be pleased to give advice on your project from the first idea, its realization, the protection of the results, to the potentially necessary enforcement of your protected rights.

 

Global networking, constant availability of and easy access to information, as well as new technologies as easier means to imitating products, endanger creative work and company know-how. We are constant companions of our clients in their trademark, design, patent and copyright law matters. We advise and represent trademark owners, inventors, creators and designers from various industrial sectors – from the first idea and development through the publication to a potential commercialization. PENDL MAIR consists of a team of lawyers, who are highly qualified in all areas of Intellectual Property Law. Our IP attorneys have established their reputation in this field well beyond the Austrian borders.

 

By advising at an early stage we can help our clients to protect their intellectual property rights efficiently and effectively in order to avoid adverse conflicts and unnecessary costs.

 

Principal areas of expertise:

  • Applications for national trademarks and designs, international trademarks and designs as well as of Union Trademarks (formerly „Community Trademarks”) and Community Designs
  • Development of international trademark protection strategies
  • Drafting and answering of cease and desist letters
  • Legal advice and representation in trademark, design, patent and copyright disputes, civil and criminal enforcement of intellectual property rights
  • Opposition proceedings before the Austrian Patent Office or before the Office for Harmonization in the Internal Market (OHIM) in connection with Union Trademarks and Community Designs
  • Cancellation proceedings before the Office for Harmonization in the Internal Market (OHIM) in connection with Union Trademarks and Community Designs, including appeals to the Luxembourg courts
  • Trademark clearance searches
  • Trademark administration with our own trademark administration software, including the monitoring of deadlines with a separate login for clients
  • Licensing agreements, coexistence agreements, prior rights agreements, know-how contracts, research and development agreements, agreements concerning exploitation rights
  • Protection of trade secrets
  • Advice with respect to and representation against collecting societies


IT, Social Media and Conventional Media

Our law firm has a strong focus on IT and Media Law. Our experienced lawyers have been advising renowned multinational company groups, major Austrian companies as well as small and medium enterprises in these fields of law for years. Recognizing the train of time, our legal advice is of course not limited to classical “conventional media”. In line with their increasing importance, social media form a substantial part of our services.

 

Principal areas of expertise:

  • General Media Law (Austrian Media Act), in particular with respect to online publications
  • Compliance with imprint and disclosure provisions
  • Legal advice in e-commerce matters
  • Media Criminal Law, complaints and applications under Austrian media law, rectifications
  • Drafting and reviewing of publishing contracts
  • Enforcement and protection of general personal rights
  • Media related Data Protection Law
  • Internet and Domain Law
  • Copyright compliance
  • Legal advice regarding the conclusion of contracts over the internet, general terms and conditions for websites and online shops
  • Cookies und Links
  • Legal support in connection with website launches
  • Audiovisual Media Services Law


Aviation Law

PENDL MAIR is one of the selected law offices with outstanding competence in Austrian and international Aviation Law. Among other matters, we advise our clients with respect to leasing structures, accompany international transactions, review respective contracts or take care of the registration procedure for aircrafts. Our office is a member of the international lawyers’ association L2B Aviation and has an excellent international network. We are proud that we have frequently achieved top positions in international rankings in recent years.

 

Principal areas of expertise:

  • Acquisition and sale of aircrafts and their parts
  • Leasing and financing
  • Registration of aircrafts
  • Tort law and warranty issues
  • Litigation and enforcement
  • Representation before public agencies
  • Advice in connection with the operation of an aviation company