Portrait ofDirk Loycke

Dirk Loycke

Partner
Rechtsanwalt | Co-Head of the CMS Commercial Group

CMS Hasche Sigle
Theodor-Heuss-Straße 29
70174 Stuttgart
Germany
Languages English, German

Dirk Loycke specialises in international supply, customer, distribution and cooperation agreements. He has extensive experience in international commercial law and all commercial law issues relating to purchasing, production and distribution. Dirk regularly represents his clients in court and arbitration proceedings.

The majority of his clients are from the automotive, chemical, electronics, mechanical engineering, medical devices and packaging sectors, and he advises German medium-sized companies as well as multinational groups.

Dirk started his legal career with CMS in 1996 and became a partner in 2001. In 2000, he worked as a Foreign Associate at Gardner, Carton & Douglas in Chicago.

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„Oft empfohlen“ für Vertrieb und Handel

JUVE Handbuch, 2023/2024

"highly competent with an in-depth industry understanding, very pleasant and client-focused", client

JUVE German Commercial Law Firms 2022 (GCLF)

"Recommended" for Distribution and Franchising

JUVE German Commercial Law Firms 2022 (GCLF)

Leading lawyer for contract law

Kanzleimonitor 2021, 2022

"Recommended" for Distribution and Franchising

JUVE German Commercial Law Firms 2021 (GCLF)

Recommended lawyer

Kanzleimonitor 2020, 2021

Leading lawyer for contract law

Kanzleimonitor 2020, 2021

"Recommended"

JUVE German Commercial Law Firms 2020 (GCLF)

Recommended lawyer

Kanzleimonitor 2019, 2020

Relevant experience

  • Eissmann Automotive (Tier 1 supplier, interior) | ongoing commercial law advice vis-à-vis customers and suppliers since 2002. Negotiation of framework agreement for new projects with OEM customers. Drafting and implementing new standard agreements for purchasing department (including framework, quality assurance, logistics, tooling, confidentiality); workshop for purchasing department.
  • Honeywell | advising various companies of the Honeywell group regarding contracts with customers and suppliers in automotive and other industries since 2007.
  • Nemak (Tier 1 supplier, part of Alfa group) | advising companies of the Nemak group on contracts with automotive customers and suppliers.
  • MARPOSS and other companies in mechanical engineering sector | advising various companies from the mechanical engineering sector on legal issues relating to their operative business.
  • Companies in various industries | advising and representing companies in various industries regarding product liability matters, including product recalls.
  • Companies in various industries | advising and representing companies in various industries on drafting and negotiating new distribution agreements; advising and representing companies on terminating distribution agreements and dealing with mutual claims (e.g. compensation, indemnification claims)
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Memberships & Roles

  • American Bar Association (ABA)
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Publications

  • Sales Conditions and Consumer Protection, Doing Business in Europe, 2017, Sweet & Maxwell (together with Dr. Gerald Gräfe)
  • chapter on "Handels- und Vertriebsrecht" in Beck'sches Prozessformularbuch, 2015
  • chapter on "Vertriebsrecht" in "Fachanwaltshandbuch Handels- und Gesellschaftsrecht" of Heymanns Verlag, 2008, 2011, 2015
  • chapter on "Zusammenarbeit mit anderen Unternehmen (Kooperationsverträge und Joint-Ventures)" in "Vertragsbuch Gesellschaftsrecht"; C.H. Beck Verlag, 2008, 2012
  • chapter on “Germany” in Handbook International Agency and Distribution Agreements of LexisNexis, 2012
  • "Fachanwaltshandbuch, Handels- und Gesellschaftsrecht" chapter on "Vertriebsrecht", Wolters Kluwer Verlag 2008
  • "Obtaining Evidence Abroad – Germany"; publication of American Bar Association), 2005
  • chapter on "Sales Conditions and Consumer Protection", Doing Business in Europe, CCH-Verlag, since 2002
  • Recent Judgement of the European Court of Justice regarding Compensation Claims of Commercial Agents and Possible Consequences for Distributors and Franchisees, International Journal of Franchising and Distribution Law 2001
  • E-Commerce in Europe: Risks and New EC Directives, Cyber Strategies - at the Frontier of Law & Business 2000
  • Der Ausgleichsanspruch des Vertragshändlers, Zentralorgan des Wirtschaftsverbandes der Handelsvertreter und Vertragshändler 1998
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Lectures list

  • Dirk Loycke holds numerous lectures on commercial law issues for German Chambers of Commerce (IHK) and other (international) organisations and institutions (e.g. American Bar Association, Steinbeis University, Chicago Bar Association, Union League Club Chicago).
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Education

  • Law studies at the Free University of Berlin
  • Special tax law training with Deutsches Anwaltsinstitut e.V., the training institution of the German Federal Bar, graduation in 1993
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Feed

22/10/2023
ACC Annual Meeting 2023
Meet our experts at booth #712
23/10/2022
ACC Annual Meeting
CMS - Meet our experts at booth #233 More than 70 percent of the world’s purchasing power is located outside of the United States. So for US companies, establishing or growing their business and investments with their main trade partners – whether in the UK, the European Union, China, Africa or the Middle East – is essential for their success. However, doing business in diverse markets, each with its unique legal environment and ways of practicing law, requires specialist knowledge. Our more than 5,000 lawyers worldwide provide business-focused advice, whether in a single market or across multiple jurisdictions. Our focus is on building long-term partnerships to keep our clients ahead in their chosen markets. CMS is pleased to be sponsoring the Association of Corporate Counsel (ACC) Annual Meeting from 23 - 26 October in Las Vegas (NV). Below you can find an overview of our partners attending the ACC annual meeting, representing a range of jurisdictions, practice areas and sector specialisms . To arrange a meeting, please contact events@cmslegal. com or visit us at booth #233. CMS lawyers will be participating in the following panel dis­cus­sions:UK-based Partner and Head of the CMS Energy & Climate Change Group Munir Hassan -  “Are you an Energy Lawyer? How Energy touches Every Business”CMS Belgium Partner Sophie Berg -  “In­ter­pret­ing the EU Whistleblower Directive: Key Steps to Ensure Compliance”. For more information about the ACC Annual meeting and the programme, please visit their website here. To find out more about CMS, visit the About CMS section. For further information, please see our partners attending the conference in the gallery below and an overview of all our expertise areas.
13/09/2022
Open secrets? Guarding value in the intangible economy
Some leaks can’t be fixed “Confidential information is like an ice cube... give it to the party who has no refrigerator or will not agree to keep it in one, and by the time of the trial you have just a pool of water.” This, from the so-called Spycatcher case (1987), applies well to corporate assets: fail to store them correctly and all you might have left is an expensive mess. The consequences of even a minor exposure of a trade secret can be huge. As this report reveals, the protection of trade secrets is rightly recognised by most senior executives as a priority issue. But the research also reveals gaps that leave companies unnecessarily exposed to risks. The top named threats – cybersecurity attacks and employee leaks – resonate with what we see impacting our clients. Increased home and remote working is straining security measures and employee loyalty. Added to this, an ‘innovate or die’ attitude in highly-com­pet­it­ive sectors can motivate new joiners to arrive with questionable material from their previous employer, or worse: outright theft between competitors. But while it is easy to focus on the lurking threats from weakened cyber security and disgruntled employees – and they are important – there are more routine actions a company can take to safeguard its secrets than just updating its IT systems or the employee handbook. Commonly, those who most need our help already have a trade secrets policy but have not properly implemented it in relation to the secret in question. Or the policy has not been updated to reflect the intangible assets the business now owns. Or protection was taken for granted. With trade secrets – which for many businesses are strategically more important than a public patent portfolio – it is always costlier and messier to find solutions after a theft or a leak. Identifying the trade secrets and the threats posed to them, combined with rigorous internal processes and well-drafted contracts, can help prevent such problems from happening. Harder, but just as necessary, is engaging hearts and minds in corporate culture, to know why trade secrets are important, why we are all are responsible for protecting them, and what may happen if we do not (to both the company and the individual). In our experience, the businesses with the strongest defences have not only thought strategically about their intangible assets and how best to protect them but are also prepared for the worst. The trick to avoiding an asset becoming a crisis is to be wise before the event.
07/06/2022
CMS Expert Guide to trade secrets
As a business, your most valued assets can be the things you can’t touch or see. Intangible assets such as patents, formulas, software, designs and data are now driving corporate performance. And in...
Comparable
09/05/2022
Force majeure - hardship in relation to conflict and sanctions
The invasion of Ukraine has prompted western democracies, including the European Union, UK and US, to initiate a raft of sanctions against Russian-owned companies, and prominent inpiduals closely associated...
29/03/2022
Force Majeure - Hardship in relation to Conflict and Sanctions
The invasion of Ukraine has prompted western democracies, including the European Union, UK and US, to initiate a raft of sanctions against Rus­si­an-owned companies, and prominent individuals closely associated...
Comparable
26/11/2021
Legal term for payments in Germany
1. Are there any specific legal requirements in respect to payment terms? Yes, Germany has implemented legislation based on EU Directive 2011/7/EU on combating late payments in commercial transactions...
07/09/2021
CMS Expert Guide to e-signature law in commercial contracts
Digital transformation affects all aspects of a business’s operations, including contracts, internal documentation and employment relationships. This trend has been accelerated by the COVID-19 pandemic...
09/06/2021
Open secrets? Guarding value in the intangible economy
We are delighted to share with you the report commissioned by CMS and written by The Economist Intelligence Unit. It explores the extent to which firms identify intangible assets as trade secrets and...
01/06/2021
Some leaks can't be fixed
“Confidential information is like an ice cube... give it to the party who has no refrigerator or will not agree to keep it in one, and by the time of the trial you have just a pool of water.” This...
15/01/2021
Law and regulation of force majeure in Germany
1. Is there legislation on force majeure in your law system? Force majeure events are not directly regulated under German statutory law. Under German law, such events can be subject to statutory provisions...
09/04/2020
COVID-19 and its impact on the commercial sector
Force majeure, exhibitor and organiser rights vis-à-vis cancelled live events and government intervention during the crisis. The COVID-19 pandemic and restrictions imposed by governments in Europe and...