Bernd U. Graf
PEOPLE

Bernd U. Graf

Of Counsel
graf.bernd@dorsey.com

Overview

BERND HELPS INTERNATIONAL COMPANIES DOING BUSINESS IN GERMANY AND THROUGHOUT EUROPE PURSUE STRATEGIC ACQUISITIONS, DIVESTITURES, DISTRIBUTION ARRANGEMENTS AND OTHER BUSINESS TRANSACTIONS, WHILE NAVIGATING CORPORATE, DATA PROTECTION, EMPLOYMENT, COMPETITION AND TRADE LAWS.

His experience includes numerous transactions for multinational, medium-sized and small companies in a variety of industries, including technology, life sciences, media and services companies. He also has significant experience in the formation of companies and other regulatory matters before EU and German authorities.

Bernd is Of Counsel in Dorsey’s International Practice Group.

Education & Admissions

University of Augsburg, Germany (J.D. Equivalent, 1987), Valedictorian, in a class of 200

University of Georgia School of Law (LL.M., 1988)

Admissions

  • Germany

Languages

  • German, French, Spanish

Experience

Representative Work

  • Advise on acquisitions and divestitures of German businesses and participation interests in a wide variety of sectors, including technology, manufacturing, travel services, transport/logistics services and creative content
  • Provide M&A-related counseling for multinational, U.S. and German companies, including due diligence, local closing and post-closing integration work in Germany and the EU, German merger control and transfer of undertakings rules (automatic employee transfers in asset deals)
  • Advise on key international business arrangements in a variety of industries, including European clinical trial agreements for medical devices, field test (beta test) agreements for new technologies, distribution agreements, software and other license agreements, materials transfer agreements, patent assignments, and security interest agreements
  • Advise multinational, U.S. and European companies on matters related to their workforce, including employment policies, incentive plans, management agreements, consulting agreements, agency agreements, employee inventions policies, employee assessment programs, IT systems use policies and temporary foreign assignment of staff
  • Assist in the efficient resolution of disputes in Europe, including copyright infringement disputes, license, sales and maintenance contracts issues, agency and distributor termination issues and management and employee termination disputes
  • Assist in company/branch formation and labor law implementation of new German establishments of U.S. businesses
  • Design and implement EU/German data protection compliance solutions, for example, for local human resources operations of U.S. businesses

News & Resources

Articles

New Registration Requirements for Packaging of Products Destined for the German Market
Amended German Investment Controls: Increased Scrutiny and Delays for German Target M&A Deals with Non-EU Buyers
German Copyright Law Sets Limitations on Exclusive Licenses
German Copyright Law Sets Limitations on Exclusive Licenses
International Transactions May Escape German Merger Control Even if Statutory Control Thresholds Are Exceeded - New FCO German Guidelines
Jurisdiction Over B2C e-Commerce Contracts
ECJ Case C 40/08 Asturcom – EU Unfair Terms Law Confirmed as a Matter of Public Policy
"New German Investment Controls," Private Equity Focus
EU Incentives for Risk Investments in SMEs
"German Corporate Tax Changes: New Limitation of Interest Deductions, Exclusion of Loss Carry Forwards, Tax on Relocation of Functions," Private Equity Focus
Co-author, "Freedom of Speech and Assembly Versus Trade and Transit Rights: Roadblocks to EU and MERCOSUR Integration" Kluwer Law International Legal Issues of Economic Integration, Issue 3
Co-author, "Elisa María Mostaza Claro v Centro Móvil Milenium: EU Consumer Law as a Defence against Arbitral Awards, ECJ Case C-168/05," Kluwer Law International ASA Bulletin, Issue 1
Co-author, "Due Diligence - Ein Handbuch für die Praxis," Vienna
Co-author, "The New EC Environmental Framework For Packaging," Export Today

Select Presentations

  • Teaching Assistant in Constitutional, International and EC Law, University of Augsburg, 1988-1990

Industries & Practices

  • Antitrust & Competition Law
  • Cybersecurity, Privacy & Social Media
  • Europe
  • Healthcare
  • International Trade
  • Israel
  • Labor & Employment
  • Mergers & Acquisitions
  • Technology
  • Technology Commerce

Professional & Civic

Professional Achievements

  • Member, Fulbright Alumni Association
  • Member, German-American Lawyers Association

Accolades

  • Fulbright Scholar, 1987-1988
  • German Academic Exchange Service Scholar, 1987-1988
  • German-French Exchange Service Scholar, 1985
Bernd U. Graf