M&A processes involve a multitude of potential risks – including criminal law risks.
For both the seller and the purchaser, legal certainty under criminal law and regulatory offence law is therefore essential – preventively, but also where specific criminal offences are already at issue and are alleged to have been committed within or by the company. Since corporate fines may also affect a good-faith purchaser, who may, under certain circumstances, effectively "acquire" a potential fine together with the company (Section 30(2a) of the German Administrative Offences Act), numerous private equity funds and investors seek our advice in national and international M&A transactions. We are pleased to work, and frequently do work, together with renowned international law firms that value our criminal law expertise and engage us to conduct so-called "criminal due diligence".
Following the corporate transaction ("Post M&A"), we advise potential sellers or purchasers in the investigation of, and defence against, criminal allegations that arise subsequently. In doing so, we help our clients to deal effectively with conflict situations that are often economically and legally complex and to focus on the future.
