identify potential and existing legal defects
Due Diligence
We conduct comprehensive and independent appraisal and corporate due diligence in order to proceed with the investigation or audit of a potential investment or security. This process consists in reviewing all legal and financial records, ongoing lawsuits, assets, real estate, human resources, business relationships, contracts, joint-ventures, acquisitions plus any other corporate/commercial/tax compliance requirement deemed material and relevant.
We are prepared to perform hard or soft due diligence processes that may include activities such as:
- prepare and review key contractual documents,
- review ongoing legal disputes
- register intellectual and industrial property rights
- review the validity of certificates and licenses
- review agreements with suppliers and key business partners
- review of labour contracts and other documents relating to employees
- objective analysis of the economic situation of the target company / companies and their main financial indicators
- analysis of financial statements
- analysis of revenues and expenses, including the structure of receivables and liabilities and an overview of relevant transactions with related parties
- analysis and comments on the decisions of the Tax Authority
- analysis of corporate income tax, including transactions with related parties, and identify any potential risks arising from these transactions
- review transactions underlying VAT
- Consumer market analysis
- Operating redundancies and ease of eliminating them
- Constructing and executing a disclosure schedule
- Scrutinizing projections, normally the target’s projections, about future performance
We are ready to adjust our services according to your specific needs and the exact field of business and/or client’s demands.
Employment Law
We can provide support to employers with strategic advice, local and multi-jurisdictional, on their most important asset, their people. Our expertise covers the full range of sensitive personnel issues from dismissal to protecting confidentiality, employment tribunals to team moves.
We help our client deal with a wide range of employment law-related matters and HR support issues, from the drafting of a company’s health and safety contracts, to guidance for avoiding disputes in relation to redundancy, reorganization and relocation. Among the wide range of services labour related that we can offer we mention:
- general employment related matters
- negotiating and implementing governmental facilities for employees restructuring
- advising on wages and bonuses payment
- overtime and senior positions (executive) powers
- maternity/ paternity and disabled people rights
- advice on prohibitions to terminate employment
- consultancy in the early process of dismissal of employees and careful advice to avoid claims of unfair dismissal
- look over your employment-related documents to make sure they contain all the necessary legal terminology that will hold up in court or an employment tribunal in the event of a dispute and drawing up a formal employment contract template
- drawing up consistent policies for carrying out disciplinary proceedings by setting out clearly what constitutes gross misconducts and minor misconducts
- drawing up a procedure that protects the client’s business interest in case of grievances
- drawing up settlement agreements that covers all the key sections such as notice period, payments due to the employee, a tax indemnity and confidentiality clause, and an employee warranties section drawing up confidentiality, uncompete agreements etc.
Intellectual Property Law
We provide advice on all aspects of intellectual property law, such as:
- Protection of ideas:
- Advising on non-disclosure agreements,
- registration of rights such as brands, trademarks or designs, how to protect your unregistered rights
- preparing licenses, assignments and distribution agreements of your IP rights and developing IP exploitation business models
- preventing the infringement of your rights or resolving ownership disputes, whether by negotiation or through formal proceedings
- Brand and Trademark Protection
- verifying that your preferred trademark is not already registered or impinging on another
- ensuring that the correct coverage is requested; advice on whether you should pursue litigation
- draft cease-and-desist letters on your behalf and negotiate settlements for infringements of your trademark, protection of copyright, trademarks, patents and confidential information
- drawing up agreements that ensure the protection of your company’s confidential information and the trade secrets that you need to keep from prying eyes
- we will address mainly any queries you have in relation to confidential information and trade secrets, and provide all the necessary documentation to keep your information safe.
- Brand Protection
Trademark protection comes under the remit of brand protection. We can advise on domain name recovery and disputes, among other brand protection-related services.
We will work with you to decide how to choose the best trademark and give you the advice you need to start protecting your brand from the outset. And if you have an existing business brand you would like to protect, our expert brand protection lawyers will help with that, too.
- Trademark protection:
We will make searches on the IPO database to verify that your preferred trademark is not already registered or impinging on another; ensure that the correct coverage is requested; give advice on whether you should pursue litigation; draft cease-and-desist letters on your behalf; and negotiate settlements for infringements of your trademark.
We can also arrange for trademark watching services where required, so that any infringements are swiftly discovered.
- Domain name recovery:
We can provide assistance in recovering your domain name; offer advice on all strands of domain name law; defend your case if you are the accused; and negotiate in domain name disputes.
- Copyright and Database Rights
Preserve your work from unlawful copying, selling, theft or misuse, or have us bring action against those who carried out any of these actions.
- Confidential Information and Trade Secrets
We can help draw up agreements that ensure the protection of your company’s confidential information and the trade secrets that you need to keep from prying eyes. Working closely with your company, we will draw up confidentiality agreements and review employee contracts to make sure that the required confidentiality clauses are included.
We will also work to prevent future misuse of your company’s secrets, should a breach of privacy occur. This may take the form of bringing an injunction, or pursuing the accused through the courts.
We manage disclosures of information where necessary in order that confidentiality is not lost, and write confidentiality clauses into commercial contracts.
Trade secrets are of enormous commercial value and should be kept safe. In some ways this law is better at protection even than patent law, as the period of time it covers is indefinite. However, it does mean that business owners should take reasonable care to keep their trade secrets safe.
Our consultants can advise on, and draft documentation that relates to the law covering confidential information and trade secrets. We will answer any queries you have in relation to confidential information and trade secrets, and provide all the necessary documentation to keep your information safe.
- Other services
We will give advice on the protection of trademarks, patents and also litigation. Whether litigation is required, injunctions, or simply general advice on confidential information and trade secrets, we will gladly assist.
Litigation
We can provide assistance, representation and consultancy in respect with:
- corporate
- commercial
- civil
- real estate
- labour
- intellectual property
- tax disputes
- merger control
- legal research
When it comes to litigation law, our guidance and advice is intended to prevent future problems. In the event of a claim or dispute being raised, we give support and representation where needed. Therefore we can help you with:
- pursue your legal claim
- defend a legal claim brought against you
- obtain litigation and legal dispute funding to enable you to pursue your legal claim
We do not believe in aggravating a difficult situation, so we work as quickly, efficiently and discreetly as possible to help our clients settle their employment disputes, without the need for litigation. Nevertheless, we can assist our clients in a settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement.
General Data Protection Regulation
We are ahead of the curve on the single biggest compliance issue of the decade, with our GDPR advisory that can include various services such as:
GDPR Toolkit
Consisting of a set of templates handed on just to be implemented within your company, that will fit any type of business and structure, comprising:
- Data Security & Information Governance Manual
- GDPR Guidance Notes
- Data Protection Privacy Notice (for use in client care letters for cases started after 25 May 2018)
- Website Privacy Notice (for use on your website)
- Register of Personally Owned Devices
- Information data Audit/processing template incorporating guidance
- Template Data Processing Agreement
- Paragraph for Inclusion in Experts and other Instructions
The Manual includes the following policies & procedures:
- Data Protection
- Information Management & Security
- Transfer of Data to Third Parties
- Cybercrime and Fraud Prevention
- E-mail
- Acceptable Use of IT Facilities
- Use of Personally-Owned Devices
- Credit Cards
- Archiving, Retention & Destruction
- End of Employment
In-House GDPR Training
We offer a comprehensive half day course which covers the steps required to understand the gap between your present systems and those necessary in order to achieve effective compliance with GDPR. The course will also provide practical advice on common errors made by firms and how to avoid them, together with tips on best practice.
We shall not provide you with superfluous material nor introduce any unnecessary steps on the path to becoming GDPR compliant.
Data Protection Officer
Many firms will be required to appoint a Data Protection Officer (DPO) and others may appreciate the reassurance of voluntarily appointing one. If you wish to appoint us as your external DPO then we can offer this ongoing service. This would include us formally registering ourselves with the Information Commissioner’s Office as your DPO.
This service includes:
- Initial visit to assist with completing an information audit and provision of staff training;
- Regular data protection & security update briefings;
- Help with discussing any actual or potential data security breaches and how to handle them;
- Assistance with deciding whether a breach should be reported to the ICO and assistance with reporting that breach;
- Assistance with the preparation of any necessary Data Protection Impact Assessments;
- Annual staff update training;
- Annual review of policies, procedures, the Article 30 record of data processing and the risk assessment;
- Initial full day on-site information audit and review to assess your current data protection compliance and readiness for GDPR;
- Review of third party data processor contracts;
- Preparation of a detailed report, with recommendations, outlining the steps necessary to achieve GDPR compliance (gap analysis);
- Provision of GDPR compliant template policies and procedures;
- 3/6 months follow up advice and assistance (and amendment of documents to reflect and post implementation changes to approach / guidance by the provisions in force);
- Creation of the Article 30 record of processing activity;
- Creation of a detailed data risk assessment;
- Provision of a fully GDPR compliant Information Security and Data Protection Manual and associated document templates (including data protection notices and consents) tailored to your firm’s requirements;
- If you wish to appoint us as your external DPO then we can offer this ongoing service.
This would include us formally registering ourselves with the Information Commissioner’s Office as your DPO.
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LexTax Management & Advisory | Enlightened Consultancy
12 Horbotei Entrance, District 3, Bucharest, Romania, Postal Code 030465
Phone: +40 728 122 431 | Email: office@lextax.ro
TAx ID: 41463487
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