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Production and Product Liability


Tailored strategies for optimum risk protection

We offer wide-ranging advice on legal matters relating to production and product liability, extending from product and manufacturer's liability through cooperation agreements (including contract manufacturing agreements) to product alerts and recalls.

We create a tailored strategy for each client covering all relevant production matters. We advise on partnering with other companies to develop and manufacture new products, while safeguarding against increasing product liability risks in international trade. In the event of major product liability claims, our clients benefit from ongoing support. We also seek to achieve the best possible legal position at the outset through intelligent claim management systems. Our clients can rely on our experts’ many years of in-court experience, whether representing an injuring party, injured party or certification company.

Our Production service portfolio

  • Research and development agreements
  • Industrial plant agreements
  • Contract manufacturing agreements
  • Tool leasing/lending agreements
  • Toll manufacturing agreements, outsourcing agreements
  • CE certification and other safety-relevant product requirements

Our Product Liability service portfolio

  • Obligations to provide instructions and warnings, recalls
  • Countering claims for compensation
  • Enforcing claims by companies that have suffered damage due to defective products
  • Enforcing claims against liability underwriters
  • Helping liability insurers and their policyholders to defend and settle third-party compensation claims
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War­ranties in Sup­ply Con­tracts
CMS Com­mer­cial Guide: Dis­tri­bu­tion and Agency Agree­ments
While many as­pects of the dis­tri­bu­tion re­la­tion­ship will be sim­il­ar when dis­trib­ut­ing with­in the EU, there are im­port­ant and po­ten­tially costly dif­fer­ences to bear in mind. There are vari­ous meth­ods for a man­u­fac­turer or whole­saler to get their products to mar­ket. Two of the most com­mon meth­ods are agency and dis­tri­bu­tion agree­ments. Busi­ness people of­ten use the terms ‘agent’ and ‘dis­trib­ut­or’ in­ter­change­ably. However, there are im­port­ant leg­al and prac­tic­al dis­tinc­tions between the two.   This guide at­tempts to in­form you about the gen­er­al con­text of the laws af­fect­ing dis­tri­bu­tion and agency agree­ments as well as to provide de­tail in re­la­tion to com­monly en­countered prob­lems.


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06 April 2020
Ger­many of­fers short-term tax re­lief for com­pan­ies dur­ing crisis
Ac­cord­ing to the BMF let­ter, tax­pay­ers veri­fi­ably, dir­ectly and not in­sig­ni­fic­antly af­fected by the fall out of the coronavir­us can ap­ply for a de­fer­ral of taxes (Steuer­s­tundung) already due or due by...
15 November 2019
Brexit and data pro­tec­tion: what to do next (when you don’t know what’s...
Whilst the threat of a no-deal Brexit has been aver­ted for now, the fu­ture is by no means cer­tain. We have high­lighted some of the key is­sues for UK-based or­gan­isa­tions, and the EEA or­gan­isa­tions that...
05 November 2019
Whis­tleblow­ing Dir­ect­ive ad­op­ted by the EU Coun­cil
On 7 Oc­to­ber 2019, the EU Coun­cil ap­proved the word­ing of the "Dir­ect­ive of the European Par­lia­ment and of the Coun­cil on the pro­tec­tion of per­sons who re­port breaches of Uni­on law", also known as the...
03 October 2019
In­ter­im meas­ures in Main­land Chinese courts in aid of Hong Kong-seated...
On 1 Oc­to­ber 2019, the Ar­range­ment Con­cern­ing Mu­tu­al As­sist­ance in Court-ordered In­ter­im Meas­ures in Aid of Ar­bit­ral Pro­ceed­ings (the “Ar­range­ment”), con­cluded between China’s Su­preme People’s...