Corporate advice & contracts

Horten has many attorneys with substantial experience in board work in small, medium-sized and large enterprises; both Danish and foreign-owned.

Our attorneys ensure that the board's decisions and work take place in compliance with the often complicated regulation applicable to the individual company. At the same time, we contribute with commercial and strategic insight as well as business knowledge obtained through wide experience from clients in similar or related businesses. 

Due to globalisation, an increasing number of contracts are concluded between enterprises in different countries. This makes special demands on enterprises and their advisers; both with respect to negotiation of contracts between enterprises with different business cultures and with respect to contract drafting.

For a number of years, Horten has been one of the most internationally focused law firms in Denmark, which experience has added significant value to our clients in connection with negotiation of agreements in an international environment.

International contract drafting also requires expertise. In this connection, special attention must be given to international practice and mandatory statutory provisions as well as the question as to which country's laws are to govern the parties' contract and which country's courts or arbitration tribunals are to settle a potential dispute.

Horten's lawyers have many years' experience assisting Danish and foreign companies in connection with drafting or adjustment of contracts and standard terms to be applied in and outside Denmark. We have a strong international network of specialised attorneys and knowledge of contractual rules and special rules in a large number of countries across the world. This means that we are capable of quickly identifying the problems and challenges facing foreign enterprises in relation to Danish law.

Horten has advised on the very first Danish whistleblower schemes and has built up solid experience preparing and implementing whistleblower schemes in many different types of companies - also public companies. We have specialist competencies within all core legal areas of whistleblower schemes, and our experience ensures that such schemes are implemented without problems - and in accordance with the latest recommendations of the Danish Data Protection Agency. We also have experience as an independent "investigator" in already established whistleblower schemes.

Our clients are large and medium-sized enterprises; both Danish and foreign-owned. Several of these are listed companies covered by the Corporate Governance rules, but we also have in-depth experience advising non-listed companies on the possibilities of implementing whistleblower schemes. Our clients also include municipalities and public companies that consider whistleblower schemes a part of the workplace of tomorrow.

We assist with:

• Identification of needs and clarification of form and content, e.g.
  • Is the scheme to have an internal or external investigator?
  • Who may be included in a report?
  • Who can report?
  • Who will handle incoming reports?
• Preparation of a whistleblower scheme adapted to the individual company or public authority
• Personal data considerations
• Notifications to the Data Protection Agency
• Implementation and internal procedures
• Handling of reports
• The duty as external "investigator" in whistleblower schemes

Contacts
Søren Hornbæk Svendsen

Horten has wide experience in distribution agreements, franchise and agency agreements. We have worked with many types of contracts ensuring the best possible contractual basis for the company's cooperation.

We advise on the potential legal options and pitfalls of distribution agreements, franchise and agency agreements and, consequently, identify the necessary reservations and content in the different types of agreements. This, of course, also applies internationally. Due to our international experience and large international network, we are familiar with the conditions and rules that may differ significantly from the Danish conditions and rules, and we help optimize our clients' position in case of a dispute with the Danish or foreign cooperation partner: According to which country's laws is the cooperation agreement to be construed? Before which court may the parties bring legal action? And is it possible to enforce a judgment against the other party?

Our clients include national and international suppliers, principals, distributors, agents, franchisors and franchisees.