Contracts

Galaniuk Law’s core competence lies in drafting, structuring, negotiating and auditing German American and international contracts for its clients. Galaniuk Law focuses first and foremost where it can add the most value to clients, namely on international contracts in the English language under application of German, USA (resp. State law) or English law.

The text below sets out some issues relevant to contracts and explains how the firm helps clients here.

1. International Contracts
Often a lawyer whose mother tongue is not English will write a contract in the English language. However, materials drafted this way often lead to waste due to quality issues. Clients then wonder why experienced counsel with native fluency in English was not engaged from the beginning. GL is this counsel. Not only are we fully qualified lawyers in our country focus jurisdictions (USA and Germany), but we also have deep business experience in these jurisdictions. By using us, you build quality control into the very first stages of your business deals. Clients can then focus on their core business issues thus saving clients time and money.

2. Deal Structuring
Contracts prepared by GL are characterized by a cohesive framework that gives the deal sustainable form and structure. We structure contracts under consideration of likely risks, materiality and costs, and assure the contract contemplates the allocation of such risks and costs. We also flag relevant tax and regulatory issues as deals are structured. We apply our significant experience in commercial, legal and financial matters to structure and negotiate contracts that safeguard your interests. GL distinguishes itself with its ability to understand the relevant commercial and technological intricacies of a transaction. These skills were perfected by Carlos Galaniuk’s unique experience as a finance professional, during which time he analyzed and stress-tested voluminous business plans (including detailed quantitative projections) and due diligence materials.

3. Business Drivers
We are business lawyers and understand that the need for contracts is often preceded by business drivers and strategic objectives, for example, growth or risk management. When drafting contracts, GL focuses on these objectives and conveys to clients any relevant analysis of tangible as well as soft factors. This can enhance the quality of the decision-making process, cut costs, enhance transparency and facilitate consensus amongst parties. Our interdisciplinary experience as lawyer, finance and business professional enables us to provide holistic, pragmatic and strategic counseling to assist in the successful realization of your strategic objectives and the contracts underpinning these objectives.

4. Focus on Deal Momentum
Realizing a good business deal also requires high-quality process management and continual deal momentum. GL brings discipline into the deal making phases and focuses minds on the most important issues. GL helps clients and their counterparties successfully meet deal milestones by e.g. preparing term sheets, confidentiality agreements (NDAs), letters of intent (LOIs) and/or memorandums of understanding (MOUs). Especially in strategic matters GL seeks to optimize work flow and provide efficient project management.

5. Risk Management
GL also assists businesses with respect to their risk management policies by auditing their commercial agreements to assess risk exposure. This is an especially useful step when contracts must be renegotiated. Regarding contract interpretation, GL works with the client to establish a robust and favorable position. Although GL works closely with litigation attorneys, our approach to contentious contractual matters is to first explore avenues that spare you the waste and expense of time-consuming and often unpredictable litigation.

Below is a non-exhaustive list of types of contracts we can produce and work on for you:

Non-disclosure Agreement, Sales Agreement, Works Agreement, Sales Agent Agreement, Distribution Agreement, Collaboration Agreement, Agency, Management Agreement, Marketing Agreement, Service Agreement, Franchise Agreement, License Agreement, Contract Manufacturer Agreement, Consulting Agreement, Non-competition Agreement, Employment Agreement, Commercial Lease Agreement, Rental Agreements, Joint Venture Agreements, etc.