Loeven advises on all employment law aspects of the relationship between employers and employees.
We represent employers, board members and executive officers. Our areas of legal expertise include, among others, executive service contracts, salaried employees, temporary workers, casual workers, incentive programmes, inpatriate/expatriate employees, termination of employment and summary dismissals, employee handbooks, M&A transactions, internal investigations and dispute resolution.
Loeven advises Danish and international financial institutions, funds and foundations, other lenders, FinTech providers, crowdfunding platforms and commercial borrowers in connection with the negotiation, drafting and execution of financial contracts. Our sector team assists in establishing optimum loan structures; often in cooperation with our international business partners. We have longstanding experience of commercial borrowing, the composition of relevant security packages, FinTech, acquisition financing, (convertible) bonds, project financing, mezzanine and other forms of hybrid financing, syndicated loans, intercreditor agreements, restructuring and financial regulation, including dialogue with the Danish Financial Supervisory Authority.
Loeven advises on the work and duties of the board of directors. Corporate governance is playing a steadily more central role and is a criterion on which companies are judged. Our attorneys have personal experience as board members and therefore offer advice at eye level with our clients. Our practice areas include, among others, corporate law, general meetings, rules of procedure and management instructions, corporate governance guidelines, CSR, management liability and dispute resolution.
Loeven provides legal risk management advice to Danish and international businesses. In a highly digitalised and globalised world, a certain alignment of employees’ and business partners’ commercial conduct is needed to enable businesses to reliably comply with the ever-increasing regulation in the area. It is particularly important for a business to secure its legal risk profile in periods of rapid growth to prevent limited competitiveness, a reduction in quality, rigid internal processes and allocation of responsibilities. Our areas of legal expertise include, among others, internal investigations, drafting of compliance guidelines, data protection law, anti-corruption (UK Anti-Bribery/FCPA), whistleblower programmes as well as assistance with and arrangement of audits.
Loeven advises on all aspects of businesses’ e-commerce concepts and marketing practices. Business-to-consumer marketing is becoming an increasingly complex and regulated area, and we possess the required competencies to assist the retail industry in relation to this particular customer segment. Our areas of legal expertise include, among others, disclosure requirements related to e-commerce, drafting of general terms of delivery, right of cancellation, personal data, aspects of intellectual property law, in- and outsourcing, marketing and consumer law.
Loeven advises both Danish and foreign clients on all aspects of data protection law, including data flow analyses and legal processing of personal data, records of and policies for personal data processing, determination of technical and organisational security measures, transfer of personal data to countries outside the EU/EEA, handling of data security breaches, binding corporate rules, data processing agreements and due diligence reviews in connection with mergers and acquisitions. Loeven’s team of specialists have extensive experience in the field of data protection law, and we advise both private businesses and public authorities on their obligations under data protection law. Loeven has been engaged to act as data protection officer for large and medium-sized Danish businesses.
Loeven advises on all aspects of establishing and changing companies, businesses and funds and foundations, including choosing form of business entity, ownership and capital structure, general meetings and management issues, corporate governance, mergers, demergers, liquidation and transfer of shares. We have acquired extensive experience of assisting our clients in contract negotiations, not least in connection with the conclusion of share purchase agreements, joint ventures, strategic alliances, cooperation agreements, production and supply contracts, outsourcing and drafting of terms of delivery.
Loeven advises the real estate sector in connection with the development of property projects and purchase and sale of commercial and residential properties. We also offer advice on matters related to landlord and tenant law and construction law and on resolving disputes over such matters. Our areas of legal expertise include, among others, negotiation and conclusion of share purchase agreements, due diligence, advice on optimum financing and acquisition structures, conclusion of residential and commercial lease agreements, termination of leases and vacation of premises, assistance with optimising investment properties, property registration, liability in damages and dispute resolution.
Loeven provides highly specialised assistance on all issues of intellectual property law, including in particular design rights, copyright, patents and trademarks, and in related areas such as the Danish Trade Secrets Act and the relevant parts of marketing law and the law of portrait/personality rights. Our expert attorneys have years of experience in dealing with matters in all these areas. Our assistance typically concerns the transfer or licensing of IP rights, including for instance due diligence reviews and the preparation and negotiation of assignment and licence agreements, or handling of disputes, including infringement cases, interim injunction cases and preservation of evidence cases. Over the years, Loeven’s specialists have conducted a very significant number of cases before, among other courts of law, the Danish Maritime and Commercial High Court, the Danish High Court and the Danish Supreme Court, coupled with proceedings before arbitration tribunals, about infringement of intellectual property rights or intellectual property law contracts.
Loeven advises both Danish and foreign clients engaged in the development, licensing, distribution and sale of IT services. Moreover, Loeven provides advice to contracting authorities in connection with their procurement of IT services in compliance with the public procurement rules. Loeven’s team of specialists have a thorough knowledge of not only the legal framework of IT law, but also of the technical and business framework for IT services and IT infrastructure.
Loeven advises Danish and foreign business clients on all issues related to bankruptcy and reconstruction proceedings. Our attorneys in this practice area have extensive experience of dealing with insolvency law issues and, in particular, reconstructions. At Loeven, one of our lawyers is a certified insolvency law practitioner who sits on the panel of attorneys appointed by the Danish Debt Collection Agency, so this is another area in which we pride ourselves on offering advice at the highest professional level. Loeven represents creditors, professional, institutional and private creditors as well as employees, in all matters of insolvency law. We can help quickly when a debtor is unable to pay his creditors, and we are also available to represent businesses in distress.
Loeven advises listed companies and other market participants. We have a high level of expertise in advising companies on the procedure for admission to trading and listing, especially on Nasdaq First North Growth Market. As only the second law firm outside the United States, and the only law firm in Denmark, Loeven has been approved by the US-based OTC Markets Group to act as a sponsor for companies to be listed on the OTCQX/QB markets. The approval gives us a unique opportunity to help businesses gain access to investors in the USA, the largest capital market in the world. Loeven offers advice in a range of areas, including IPOs, share issues (primary and secondary), stock exchange rules, takeover bids and corporate governance. Our team works closely with experts from our other practice areas, mainly mergers and acquisitions (M&A) and commercial, corporate and foundation law, to ensure that our clients experience a thorough and smooth process.
Loeven handles litigation and arbitration proceedings on behalf of Danish and international businesses before Danish courts of law at all levels, including the Danish Supreme Court, and also handles cases before the European Court of Justice and international arbitration tribunals. Moreover, Loeven’s specialists are trained in their specific areas and act as arbitrators and mediators. In providing our advice, we take into account that disputes may be particularly burdensome and, consequently, are of vital commercial importance. We assist in settlement negotiations, mediation and other alternative dispute resolution, but also in organising and implementing procedural strategies and steps, for instance by issuing proceedings, drafting pleadings, representing clients in trial hearings, composing arbitration tribunals and issuing injunctions.
Loeven’s attorneys often act as trustees in bankruptcy or as appointed reconstruction administrators where a business has been subjected to reconstruction proceedings. In this connection, Loeven’s attorneys have experience of bankruptcy proceedings in practically all sectors and have extensive experience of conducting activities and solving issues associated with bankruptcy estates in several countries. Loeven also advises businesses in distress and their management teams in connection with the commencement of bankruptcy proceedings or later.
Loeven has extensive experience of advising Danish and international businesses on mergers and acquisitions (M&A) in Denmark. We work closely with investment banks and corporate finance advisory teams to ensure an optimum transaction structure for our clients. Our assistance primarily includes venture capital, private equity, joint ventures/strategic alliances, ownership transition planning and equity crowdfunding. We assist with cross-border project management, negotiation of share purchase and investment agreements as well as term sheets, establishment of data rooms, due diligence reviews, closing of transactions, incentive programmes and shareholders’ agreements, just to mention a few.
Loeven provides assistance in all areas of media law, including the widening framework of EU rules and regulations, for instance cases relating to press ethics, media responsibility concerning editorial practices, freedom of expression of the media, offences against privacy and defamation, information and source protection and the right to compile information from public authorities and courts. Loeven’s experts in the field have assisted in providing indicative/preventive advice and have also assisted in various cases before the courts of law and the Danish Press Council.
Loeven advises private equity funds and other investors on fundraising, establishment of funds/investment vehicles and specific investment structures. In our advice, we also include the latest international trends as well as terms and conditions from ILPA, IPEV Guidelines and from EVCA and BVCA. Our areas of legal expertise include, among others, investment and shareholders’ agreements, including investment management agreements, limited partnership agreements and carried interest contracts, matters relating to Alternative Investment Fund Managers (AIFM), assistance with information memorandums (IMs), assistance to general partners concerning their special circumstances, submission of legal opinions, statements by the Institutional Limited Partners Association (ILPA), preparation of incentive programmes, internal workflows and processes according to IMA, due diligence reviews, investment in and acquisition and divestment of businesses (M&A), exit deals, liquidation of funds and distribution of dividends.
Loeven advises businesses and their managements on the reconstruction of businesses in distress. We are dedicated to negotiating on behalf of the business with banks and creditors in connection with reconstruction proceedings or voluntary arrangements with creditors and compositions. The primary purpose of our advice is to ensure the company’s survival and not least, in this context, to seek to secure its jobs.
Loeven advises Danish and foreign clients on public procurement issues and public-private partnerships with the public sector in Denmark. Loeven also offers advice to a range of public authorities on procurement issues and participates throughout all stages of the tender procedure. Moreover, Loeven handles complaints filed with the Danish Complaints Board for Public Procurement. Loeven’s team of specialists have extensive experience in the field of public procurement law and have conducted several tender procedures for both private businesses and public contracting entities. Loeven also has a broad knowledge of the Danish market for public procurement and services and advises a number of specialised businesses on the sale of services and contract management in the public sector.
Loeven advises foreign business owners on how to set up business in Denmark. We work closely with the Danish Ministry of Foreign Affairs (Invest in Denmark) and, in collaboration with our clients, organise the most flexible way of setting up, covering everything from choosing form of business entity, VAT and tax conditions, employee-related matters and work and residence permits.