The following services are being offered:

• Advising consumer products and food producers in product safety and liability issues in close cooperation with technical experts
• Advising and representing manufacturers vis-á-vis the competent Austrian and european authorities
• Advising and representing producers of consumer products, automobile parts and food products in out of court settlements and in litigation regarding claims for damages
• Enforcing and warding off claims under unfair competition regulations against competitors, competition authorities and associations.

We have vast experience in advising consumer goods and food producers on all aspects of regulatory compliance and the limitation of liability. Through our network of technical experts, we are able to assist in determining the permissibility of innovative food products, foods supplements, medical devices and household items. Our legal network of established law firms in the DACH area and Europe helps clients to get a clear overview of the legal situation in Austria, Germany, Switzerland and the European Economic Area.

We are experienced litigators in unfair competition matters and successfully protected our clients against misleading and illegal marketing activities of competitors relating to food products, medical devices, and household appliances. With our experience in product safety and product liability regulations we have assisted national small and medium sized companies as well as global groups of companies in protecting their reputation and their customers’ brand loyalty.

Based on our experience in other areas we are also able to support our clients in matters relating to setting up physical presences in Austria, negotiate lease contracts and settle disputes with logistics partners.

Commercial agreements should be as clearly formulated and well-structured as possible. Long-term trade relations also require consideration of possible changes in the future. Misunderstandings should be avoided and, in the event of a dispute, the enforcement of claims should be secured nationally and/or internationally.

We offer our advisory services for all types of commercial contracts, ranging from confidentiality agreements, letters of intent, sales contracts under Austrian law applying or excluding the UN Convention on Contracts for the International Sale of Goods (CISG), general terms and conditions, commercial agency agreements, contracts for work and services to subcontracts. We have lawyers with commercial acumen and experience in avoiding litigation.

Sabadello Legal's lawyers advise companies in a variety of trade and service industries.

Our expertise includes e.g.:

• Drafting of general terms and conditions
• Advice on supply contracts, distribution and licence agreements
• Review of framework agreements for purchase contracts in long-term trading relationships
• Preparation of legal opinions on questions of warranty obligations and securities under Austrian law
• Advice on product liability and liability limitations
• Review of security instruments (e.g. bank guarantees)
• Advice on leasing contracts for the rental of technical equipment
• Advice on the acquisition or sale of non-performing loans or receivables
• Drafting of clauses for the termination of contracts and effective dispute resolution clauses

To mitigate the risk of costly claims and to manage claims on distressed construction projects, we provide specialist construction law advice on contracts, variation orders, unforeseeable ground conditions, extensions of time for completion, warranties and liabilities, evidential documents, schedules, advance payment guarantees, performance bonds and related matters. We focus on assessing the legal risks and develop strategies to deal with them so that, in the best case scenario, projects can be completed on time and on budget.

Construction contract law and disputes

Sabadello Legal's lawyers advise clients on all types of construction and engineering contracts, particularly those based on FIDIC conditions or Austrian standards. The team also has extensive experience in dispute resolution, particularly in the areas of adjudication, arbitration and mediation, and can provide expert advice and representation when litigation becomes necessary.

Public construction law and regulatory issues

In addition, our experts also advise in the area of public building law, both with regard to the building regulations (building laws) of the federal provinces and on disputes concerning zoning and regional planning regulations. Our lawyers understand the interrelationships arising from the interaction of technical standards, legal requirements and contracts and regularly lecture and publish on these topics.

Services

Our consultancy is particularly aimed at employers, owners, architects, civil engineers, contractors, subcontractors, suppliers and other parties involved in a project team at any stage of the construction process.

There are various ways to engage in entrepreneurial activities. In order to set up one’s own company or become a partner in an existing company, or to buy, sell or invest in a company, or to represent a company as a managing director, prudent contract drafting and compliance with formal requirements are required. Likewise, if one intends to leave a company as a shareholder or managing director.

The lawyers at Sabadello Legal assist their clients with clear and sound advice to help them make informed decisions in corporate matters, minimise risks and achieve commercial goals. We accompany through the entire life cycle of a company, from its foundation and expansion to its sales or discontinuation.

Our clients include owners of start-ups as well as small and medium-sized enterprises who value personal and cost-conscious advice.

In particular, we advise on:

• Formation of various types of companies, e.g. company with limited liability (GmbH), a limited partnership (KG or GmbH & Co KG) or joint stock corporation (AG)
• Transformation of a company with limited liability into a stock holding company
• Due diligence assessments for anticipated acquisitions of shares in or assets of an Austrian company
• Acquisitions of companies and management buy-outs
• Obtaining trade licenses
• Appointment and revocation of managing directors, establishing a supervisory board, grant of statutory and special power of attorneys, preparing annual general assemblies of the shareholders, drafting of shareholders’ agreements etc.
• Termination of a company with limited liability

We advise national and international companies and private individuals along the entire value chain of their activities.

Through this comprehensive approach, we always see the big and small interrelationships of several possible problem areas and are, therefore, better able to protect you from harm and assert your interests. Andreas Sabadello and his team have over a decade of experience in advising companies in the multi level marketing and network marketing industry.

In particular, we advise on:

• Review and optimisation of distribution contracts, business models and franchise agreements.
• Enforcement and defence of competition law claims against/by competitors, competition authorities and associations.
• Review and optimisation of product catalogues under consideration of European and Austrian regulations, especially in the areas of food, food supplements and consumer goods.
• Defence of companies against claims for damages including defence against product liability claims.
• Defending companies against claims made by commercial agents.
• Defence of claims against defaulting customers and in cases of fraudulent/abusive non-payment of orders.
• Supporting international clients in setting up the necessary infrastructure in Austria.
• Supporting companies in obtaining operating licences and product certifications.
• Supporting international clients in setting up business premises, flagship stores and branches and representing them in obtaining the necessary building, operating and event permits as well as in matters of employee protection.
• Defence of companies and executives in administrative criminal proceedings for alleged violations of regulatory requirements.
• Defence of companies and executives in criminal investigations and trials.

Employment law is constantly changing. Not only Austrian and European laws have to be observed, but also industry-relevant regulations such as collective agreements or ordinances have to be included. Last but not least, works agreements and employment contracts have to be updated and there is a permanent development of the law by courts and authorities.

We represent and advise employers, works councils and employees in all matters of collective and individual labor law.

Attorney Erwin Fuchs has been an enthusiastic knowledge broker for more than 15 years and lectures in-house and at events on various labor and data protection law topics or trains managers and employees on labor and data protection law compliance processes.

We are therefore very happy to support you in particular with the following services:

Labor law compliance checks - sanity checks

• Determination of the correct collective agreement
• Review of company agreements
• Review of company practices and all labor law processes
• Review of employment contracts

Advice on labor law due diligence audits and in connection with business transfers

• Determination of labor law risks in connection with the acquisition and sale of companies and operations as well as parts of operations
• Examination of the employment law consequences of transfers of businesses and parts of businesses
• Post-merger integration in labor law

Change management in labor law

• Advice on operational changes and restructuring, in particular mass dismissals and social plans
• Examination of options for unilateral amendment of employment and remuneration conditions
• Advice in connection with (deteriorating) transfers at the level of the works constitution and the individual employment contract

Group employment law

• Advice on group labor law issues, in particular secondment and assignment
• Examination of group-wide employment conditions
• Preparation of group-wide labor law processes

Posting and secondment

• Examination of personnel assignments for the applicability of the AÜG (Austrian Personnel Leasing Act)
• Advice on secondments and assignments on the part of the transferor and the employer, as well as the preparation of framework agreements between transferors and employers for the b2b transfer of personnel
• Advice on chain leasing and preparation of the necessary documents for this purpose
• Preparation of secondment and transfer agreements
• Introduction of guidelines on cross-border personnel assignments

Consulting on the distinction between real vs. free employment contract vs. contract for work and services

• Review of operational processes for the employment of (freelance) employees and work contractors
• Advice and representation in court and official proceedings to determine the correct employment status

Consulting in the area of working hours

• Determination of the working time models permissible in each industry
• Working time solutions for each individual employee group
• Consideration of the different types of emplyoees, e.g. for executive employees, sales representatives or night workers in working time laws
• Minimization of wage costs through flexible normal working time models

Consulting in the area of remuneration

• Checking the correct classification in the right collective agreement
• Establishment of a bonus model
• Introduction of incentive pay models
• Introduction of permissible overtime flat rates and all-in agreements

Consulting in the area of vacation

• Introduction of company holidays
• Changeover of the vacation year
• Principles of vacation consumption

Representation before courts and authorities

• Proceedings in context with the dismissal of employees
• Proceedings in case of employees with special protection against dismissal
• Proceedings to establish the validity of the employment relationship
• Defense against unjustified claims and assertion of justified claims, in particular in the areas of remuneration, working hours and vacation time
• Clarification of questions relating to works constitution law

Data Privacy Compliance

• Advice on all data privacy law processes, in particular in connection with applicants, employees and former employees
• Advice on and drafting of individual agreements and works agreements under data protection law
• Advice on directories of processing activities and data protection impact assessments

Advising companies, and insurance companies in particular, also requires an understanding of complex insurance methods, such as all-risk insurance for construction projects, insurance limits for natural perils, D&O insurance for professional misconduct in corporate management and the "follow-the-fortune" principle in reinsurance contracts.

Sabadello Legal’s lawyers advise on various coverage issues arising from first and third party claims involving property damage, construction, product liability and professional indemnity matters and any form of dispute resolution arising from insured incidents. In addition, we also advise our clients on claims handling procedures and duties of the insured under the Austrian Act on Insurance Contracts.

We act primarily for insurance companies, employers, contractors, sub-contractors, suppliers and consultants involved in the construction and manufacturing industry and other industries.

Dispute Resolution

Avoiding disputes starts with the careful drafting of contracts. Often, however, they cannot be avoided entirely, as, for example, a party's strategic interests may also change. Settling disputes requires sound judgement and the advice of a dispute resolution specialist. This expert should be able to expertly assess both the enforceability of conflicting interests and the legal framework.

Not every dispute has to be settled in court. There are a number of alternatives, such as arbitration, mediation and out-of-court settlements. If a dispute cannot be settled amicably, it should be pursued as vigorously as possible with the help of an experienced dispute resolution lawyer.

Sabadello Legal's dispute resolution lawyers will review the possible courses of action and develop a strategy suitable for your situation.

Arbitration

Strategically located in Vienna at one of the world's frequently chosen arbitration venues, we also have extensive experience in conducting arbitrations on an ad hoc basis or under various institutional rules in a variety of forums, including: Vienna International Arbitral Centre (VIAC), International Chamber of Commerce (ICC), SCC Arbitration Institute (SCC), International Centre for Settlement of Investment Disputes (ICSID) and lesser known institutions.

Gregor Grubhofer not only represents parties in arbitration proceedings, but is also frequently appointed as arbitrator by parties or institutions. We also assist in obtaining interim measures and enforcing arbitral awards.

Services

We represent our clients before both state courts and arbitral tribunals as well as in the enforcement of judgments. Our services include, for example

• technically and legally complex construction litigation
• enforcement and defence of competition law claims
• labour law litigation
• judicial collection in rent and eviction proceedings

We assist national and international cargo and passenger transport companies and logistics suppliers in all legal matters. Our clients include domestic and international freight forwarders, logistics companies, public transport providers as well as limousine services and taxi companies. We successfully implemented compliance and control systems for small and medium sized businesses and advise on drafting contracts under national and international regulations for the transportation of goods. Our experience covers a wide range: from the delivery of perishable goods to multimodal special transports. Further, we assist our clients in managing their fleets and in handling claims for damages as well as debt collection.

Through our experience in other areas, we are able to provide a full-service approach and also assist our clients inter alia in matters relating to

• the acquisition of real estate,
• the conclusion of lease contracts for office and parking premises,
• litigation against consignors and consignees, and
• obtaining business and transport permits.

We never leave our clients alone at any point in their real estate business. Because we do not only know the legal, but also the economic requirements of the real estate market and are, therefore, able to assist you not only as legal advisors, but as business experts at eye level.

We support companies, public corporations and private individuals with the following services:

• Advice on the purchase and sale of real estate in the following categories:
  • Office properties
  • Shopping Centres
  • Retail parks
  • Residential/investment buildings
  • Real estate within the scope of bidding procedures
• Advice and representation of purchasers in compensation and warranty processes after purchase completion
• Advice and representation of purchasers in regard to buyer-side due diligence investigations
• Advising project developers/builders on the following matters:
  • Land use and building regulations.
  • Exemptions from the applicable building regulations in the context of renovations, particularly in the provinces of Vienna, Lower Austria and Burgenland.
  • Contract law matters in relation to architects/civil engineers and general contractors.
  • Financing and refinancing of real estate transactions.
  • Obtaining the necessary approvals in the area of laws governing the right to operate industrial plants, water protection law and other public law regulations including monument protection.
  • Claim management and claims for damages against subcontractors, planners and construction supervisors.
  • For industrial plants: proceedings before the competent authorities for infringement of environmental protection regulations.
• Land Register
  • Advice and representation of owners in land register matters, court proceedings and the (re-) allotment of land parcels.
• Owners of commercial properties
  • Advising operators of retail parks and shopping centres as well as owners of office properties and in all tenancy law matters and disputes.
  • Advice to owners in the drafting of contracts, processing and warranty tracking for renovation works and other construction measures.
• Real Estate Investment Trusts and Funds (REIT):
  • Advising international REITs as well as closed-end and open real estate funds on the establishment of Austrian asset management units.
• Architects and engineers:
  • Preparation of architect, general contractor and subcontractor contracts and general planner contracts including FIDIC contracts.
  • Representation in construction processes between builders, planners and subcontractors.
• Advice for communities
  • Consultation on the applicable building regulations in complex proceedings against building owners.

We not only support our clients in court when difficulties have already arisen, but also provide training to ensure that certain problems do not arise in the first place.

We support you in administrative criminal cases and in public law. As a modern law firm, we also support you in the areas of Blockchain, FinTech and Crypto Currency.

All our advice relates in particular to the following services:

• Advising clients on compliance with anti-corruption regulations
• Advising and representing clients in cases of fraud (asserting claims and defending in investigation proceedings).
• Compliance advice with respect to competition law regulations.
• Advising and representing clients in investigations into allegations of the operation of a Ponzi scheme.
• Advising clients in internal investigations.
• Advising and representing clients in (administrative) criminal proceedings for alleged violation of public law regulations, and related issues in the field of food and environmental law.
• Advising and representing clients from innovative industries such as disruptive software companies, crypto-currency and block-chain innovators and FinTechs before all authorities and courts.