Risk Mitigation

Almost any form of effective risk management has a legal side to it.

The range of assets that can be at risk is wide, but the following are particularly relevant:

  • Financial assets
  • Property rights and other absolute rights in real estate, goods and intellectual property as well as shares in companies
  • entrepreneurial units (Unternehmensgesamtheiten)
  • Claims
  • Permits by government authorities
  • Trade secrets
  • Know-how and mere business opportunities
  • Reputation and good will

Risks can arise from a variety of circumstances:

  • liability for willful misconduct or negligence
  • (in certain cases) liability independent of one’s own conduct
  • industrial espionage, fraud and theft, product piracy
  • changes in law
  • incorrect and incomplete contracts and insufficient (“thin”) documentation and evidence on the relevant business matters, in particular on the course of negotiations and the flow of information
  • deadlines and their expiry

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