ATTORNEY-AT-LAW

Patric Urbaneck

Excellent advice in corporate and media law

Patric Urbaneck

Efficiency.
I am fluent in legal jargon but I think I don't need to prove that. I will provide you with practical, understandable and feasible solutions instead.

Costs.
I am using transparent remuneration agreements and can offer flat-rates for some fields of out-of-court advice.

A heart for start-ups.
Every beginning is hard. Therefore I am offering fee discounts for out-of-court advice in the first 18 months following establishment of your business.

Fields of advice
How can I help you?

I am specialized in advising small, mid-sized and large companies in the below areas of law. If you are running a business in or planning to expand your activities to Germany, you will need professional advice in German law. My clients value my pragmatic hands-on approach. 

I am also supporting law firms from other jurisdictions without German specialists in cross-border M&A projects, e.g. in drafting and/or reviewing agreements and deeds under German law.

If you need ongoing legal advice in German law you can also contract me as your „external legal department“ or German legal desk for fixed monthly fees. Just ask me for a quote. 

My expertise

#1

civil-, commercial & corporate law
e-commerce law & collection

„This is just a standard agreement. You can sign it as is!“ Many people may have heard sentences like this in their business. Experience shows that a contracting party most likely does not present a balanced draft. In many cases agreements are composed by legal advisors. Potential contractual partners who are not legally advised are faced with an information and negotiation deficit. I can support you from simple contract reviews to participating or representing you in contract negotiations. If you want to take the advantage of the first markup, I can prepare your commercial agreements. 

Civil law issues in business environments are sometimes very complex. In many cases, seemingly simple contracts require knowledge of international and special areas of law as well as insolvency or cartel law. Especially in the business-to-business sector, long contractual terms are usual. Therefore, drafts of agreemtns should not be signed without a critical look at the details. 

It’s not what you say, it’s how you say it! This also applies to debt collection. Effective collection requires a sure instinct – not only in terms of wording. Aspects of insolvency law must also be taken into account so that payments are protected from subsequent access by an insolvency administrator in the event of your debtor’s later insolvency.

If a company transaction fails or is delayed due to an annoying formal error, you may get in trouble – although this could have been avoided. It is often not clear to non-experts when a contract or a resolution is subject to a formal requirement. I will support you in the preparation of all corporate law documents and, if requested, attend notary appointments as your proxy. 

I advise small and mid-sized enterprises on corporate transactions and transformations. I also support foreign legal advisors regarding German law aspects in cross-border M&A projects.

Numerous laws and regulations at national and European level set out special information and notification requirements that you must comply with, not only in B2C situations. Violations may result in expensive warning letters from competitors, industry or consumer associations. I offer advice on all matters regarding the setup and operation of your web shop or your offerings on third-party platforms (e.g. Amazon Marketplace, eBay).

Handels- und Gesellschaftsrecht
Datenschutzrecht
#2

Data privacy & cyber security

Data are the oil of the 21st century. Data protection has lost its niche status and now plays a major role in all industries. More and more enterprises do not only want to be „compliant“ themselves, but also take care that their business partners comply with data privacy laws. The society is also sensitized to data protection violations. High fines may be bearable for certain companies, but the reputational damage often weighs more heavily and sustainably. 

No matter if you (only) need a data privacy policy or a comprehensive audit: I can offer many services at fixed fees. Experience has shown that the path to data protection compliance is less complicated than you might think.

I support colleagues of small and mid-sized law firms in corporate transactions, especially in the area of data privacy compliance: from a data privacy due diligence to drafting data privacy clauses in transaction and stand-alone data privacy agreements.

#3

press law & crisis communication

The tone in social media becomes rougher. Many companies have already been target of harsh criticism on rating platforms like Google or Amazon. Several influencers have made similar experiences. Honest criticism is important if it is objective and fair. In all other cases, I will help you to defend yourself and restore your good reputation. If you wish to defend yourself against statements that are libelous, defamatory and/or offensive, or if you wish to obtain a counterstatement (Gegendarstellung), rapid action is required due to the short deadlines set by law and case law. 

In press law, knowledge of the relevant case law is essential, as this area of law is shaped less by laws than by hundreds of decisions of the regional and higher regional courts, the Federal Court of Justice (BGH), the Federal Constitutional Court (BVerfG) and the European Court of Human Rights (ECHR). During my legal clerkship inter alia at the press chamber of a regional court, I am familiar with the practical approach in cases involving the right of expression and press law, which in part differs greatly from the handling of usual civil cases. 

I also represent publishers, online portals and publishing houses in the defence of unjustified warning letters and counterstatement applications

In urgent „threat situations“, experience has shown that action must be taken on all available channels – legally and factually. I work together with experts from other consulting sectors to avert damage to reputation when crisis communication is necessary. 

Presserecht
Social Media Recht
#4

broadcasting law & social media law
artist-/influencer-/agency advice

Broadcasting law does no longer just address broadcasting and TV stations. The provisions of the German Interstate Broadcasting Treaty (RStV), the German Telemedia Act and the German Interstate Treaty on the Protection of Minors in the Media (JMStV) apply to influencers and operators of commercial social media services. Incorrect implementation of legal regulations or the lack of knowledge that one’s own social media activities are subject to media law provisions can result in warning letters or official proceedings and fines. 

I advise broadcasters, artists, influencers and agencies in all areas of broadcasting, youth protection and media law and in drafting and negotiating management contracts. Furthermore, I represent you in civil law disputes as well as in proceedings before authorities and courts.

#5

IT law / copyright, design- & trade mark law

In no other legal area the knowledge of the subject is at least as important as the legal framework.  I cover the entire spectrum of IT law topics: from the creation of apps to the review, drafting and negotiating of license and IT outsourcing agreements.

IT law contracts are often broad and complex. Technical requirements and objectives must be translated into legal language that is as clear and transparent as possible, which requires expertise in „both worlds“: IT and the law. 

In the areas of copyright and design law I support you in clarifying the protectability, the registration (in the case of copyrights into the register of anonymous and pseudonymous works), drafting license agreements as well as enforcing or defending against alleged infringements of intellectual property rights. Many warning notices are unjustified and cease-and-desist declarations prepared by the other sides‘ lawyers are often too broad. Even if an infringement must be admitted, it is worthwhile to examine the wording of the warning notice and amend the cease-and-desist declaration.

When registering a German, European or international trademark, it is often recommended to consult a lawyer, for example, if a likelihood of confusion with existing trademarks seems possible beforehand. The task to create a list of goods and services that is as broad as possible but as narrow as needed to avoid conflicts with other trade marks may be challenging. If needed, I also support you in all disputes in trademark law before courts and authorities.

Urheberrecht
Wettbewerbsrecht
#6

competition law

Competition should be fair. If your competitors use illegitimate actions to hunt customers it is only reasonable to remind them to stick to the rules. On the other hand many competitors overreach and send warning letters without merits. Not every innnovative form of advertising is defamatory even it deals with competitors‘ names. Between that there is a large gery area. I will navigate you safely through the competition case law. 

#7

Compliance & white-collar crime

Identifying and avoiding legal risks within the company is no easy task given the density of regulations in German, European and international law. The implementation of an IDW, TÜV or ISO standard alone is not enough to avert fines in the event of legal violations. I can help you ensure that your compliance system meets the requirements of the law.

If violations do happen, an optimal defense is necessary. I have specialized in the defense against allegations of cybercrime and white-collar crime.

Cybercrime
#8

Restructuring & insolvency law

Did you know that Elon Musk suffered numerous defeats before becoming successful with companies like PayPal, SpaceX and Tesla? Entrepreneurial failure often relies on many factors that founders and CEOs sometimes cannot influence. 

 

Nevertheless, it is legally important to react early to the threat of insolvency. This is the only way to avoid your own civil and criminal liability. The earlier you admit a business crisis and call on professional help, the more willing creditors are to support a restructuring if it has a realistic chance of success.

In addition to debtors, I also advise creditors towards (potentially) insolvent debtors. Unfortunately, creditors are often unaware of the legal disadvantages that can result from a too benevolent behavior towards defaulting customers.

#7

Et cetera...

Don’t trust an attorney who claims being able to give advice in every legal area. On the other side it’s impossible to put a legal issue into seven categories. Contact me without obligation. If I can’t help you, I will most certainly be able to recommend a qualified colleague or law firm.

Und-und-und
About me
Results and clients

Prior to staring my own law firm I have worked as a research assistant in a mid-sized law firm in Hamburg and as an employed attorney in the international law firms McDermott Will & Emery and Freshfields Bruckhaus Deringer for numerous years.

During my legal clerkship I have also worked in two specialized chambers at the Hamburg regional court (Landgericht) for press law as well as for copyright law. I have spent another station in my clerkship at the Medienanstalt Hamburg/Schleswig-Holstein (public regulatory body for broadcasting and telemedia).

With my experience I can offer you legal advice at the highest level. I stand for hands-on mentality and pragmatic solutions. My clients also appreciate my technical background and industry knowledge.

I am a member of the following associations:

  • Deutscher AnwaltVerein e.V. (German attorney association)
  • Düsseldorfer Anwalt-Verein e.V. (Düsseldorf attorney association)
  • Chaos Computer Club e.V.
  • Deutscher Juristentag e.V.

Recent results:

  • Advising a medium-sized publicity agency on data protection law
  • Ongoing advice to an influencer on media law (more than 3m followers on Instagram and more than 1.5m followers on YouTube)
  • Ongoing advice to an international paper distributing company (yearly revenue >850m EUR)
  • Advising a leading, international automotive company on data protection law*
  • Advising a worldwide social-media network on telemedia and youth protection law*
  • Advising an international food company on the acquisition of a German start-up distributing food supplements and lifestyle products via web shops and retail stores*
  • Advising an international insurance company on the acquisition of an online insurance and financial comparison-platform*
  • Advising a consumer goods company on the acquisition of the suncare business from a major international healthcare group with a transaction volume of 550m USD*
  • Advising an international healthcare company on several data protection matters*
  • Advising a German privat TV broadcaster on several media law and data protection matters*
  • Advising an international industry gas group on the divestment of European assets prior to an international merger (transaction volume of 5bn EUR)*
  • Advising an industry and investment holding company on setting up a joint-venture vehicle to merge two major German retail chains and acquire a European real estate portfolio*
* Cases marked with an asterisk were handled in my role as an employed attorney at law before I have started my own law firm.

Contact

Patric Urbaneck, attorney-at-law
Kaiserswerther Straße 135
40474 Düsseldorf, GERMANY

Phone: +49.211/417 477-10
Fax: +49.211/417 477-19
e-mail: info@kanzlei-urbaneck.de

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