DSM Avocats à la Cour

Luxembourg Office

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Managing Partner: Mario DI STEFANO
Number of lawyers: DSM has 20 lawyers, including 5 partners
Languages:English, French, German, Italian, Luxembourgish

Firm Overview:
DSM was founded in 2004 and is located in the heart of one of the world’s main financial centers. The firm is regularly called upon to assist in domestic, cross-border and multi-jurisdictional matters. DSM’s lawyers are recognised experts in numerous legal practice areas including corporate, real estate, finance and maritime law, as well as in dispute resolution. The firm is a member of several independent, international legal networks and provides national and international clientele multidisciplinary, multilingual services

Main Areas of Practice 
Corporate / Mergers & Acquisitions:

The corporate and M&A team assists clients in all aspects of their transactions including due diligence; incorporation of special purpose vehicles in the context of investment and business activity structuring; the transfer or assignment of real estate; the creation of charges and all types of guarantees; leasehold agreements and rights (bail emphythéotique, droit de superficie); and, corporate financing, including drafting of the necessary legal opinions. Corporate and M&A is always tied to tax issues and DSM’s Corporate and M&A department works with its Tax Law department to devise the best solutions for our clients.

Real Estate & Construction:
DSM advises on the entire lifespan of a real estate project including obtaining administrative permits for general and specific development plans and environmental permits; dealing with urban planning issues, corporate structuring; real estate sales and the sale of shares; financing; contracts for transfers, rentals, guarantees and surface area (contrat de superficie); and, advising in civil and administrative disputes over issues such as construction, coownership and guarantees.

Banking& Financial Law:
DSM’s banking and financial Law team advises on financial transactions involving Luxembourg and foreign entities or in respect of Luxembourg-based assets. The firm advises banks and professionals of the financial sector (PSF), representing lenders as well as borrowers, collateral providers and pledgees. The firm also advises on financing and the taking of security, not only on all structuring, tax and ancillary aspects of both traditional corporate finance but also more complex financing arrangements and hybrid financial instruments. The firm further advises financial institutions and other professionals in the financial sector on all aspects of client contractual relations and documentation, professional liability, criminal financial law liability, corporate governance and personal data protection. In cooperation with DSM’s litigation team, the firm advises on litigation, dispute resolution, and arbitration in finance-related matters both in Luxembourg and internationally. It also assists bankers and financial professionals in financial criminal proceedings.

The digital team advises on complex international transactions as well as local intellectual property (IP) and technology, media and telecommunication (TMT) transactions. This includes advising on, drafting and negotiating technology contracts such as hardware and software supply contracts, licenses, general terms of use, as well as design, building and operating, turnkey, O&M, systems integration and offshore outsourcing contracts. The team also provides legal advice and support for issues on IT rights, data protection, licenses and exploitation of intellectual property rights, counterfeiting, consumer law and litigation in Luxembourg, including the use of Luxembourg investment vehicles enabling the protection of technology and intellectual property assets. The team further assists clients with clouds, telecoms, biotechnology, health, and provides assistance to all operators confronted with obligatory rules associated with new technologies.

Investment Funds & Investment Management:
DSM’s investment funds and investment management team advises clients in setting up and administering their Luxembourg fund structures and investment vehicles. It assists corporate and private clients in choosing the most appropriate investment fund structures and determining their key characteristics. This includes advising on Alternative Investment Funds (AIF) including Specialised Investment Funds (SIF) or Reserved Alternative Investment Funds (RAIF) to implement various investment strategies real estate, private equity, hedge funds); ensuring compliance of a fund’s legal documentation with new laws and regulations; assisting funds and investment vehicles in the acquisition, management and divestment of assets; coordinating with the financial sector supervisory authority (Commission de Surveillance du Secteur Financier or CSSF); and, advising on AIFMD, SFTR and MifiD II issues, as well as data protection matters (GDPR).

Dispute Resolution:
The DSM team handles national and international matters. Alternative Dispute Resolution (ADR) techniques geared towards cost-effective and timely dispute resolution are part of the firm’s practice, which has advised on cases submitted to international arbitration, including to the International Chamber of Commerce (ICC) and mediation.

EU & Competition Law:
DSM advises on all aspects of European Union and competition law (cartels, leniency applications, abuse of a dominant position, joint ventures, distribution and licensing issues, damage claims, EU merger control and state aid). The firm litigates before the European adjudicatory bodies located in Luxembourg, be it for international companies or private individuals, Court of Justice of the European Union, the General Court of the EU, the European Commission and the Luxembourg Competition Council.