Understanding the business context of a dispute is key to its resolution.
Our lawyers at Zeiler Floyd Zadkovich support companies in the food and beverage, consumer goods and retail sectors to adapt to change and innovate for future success.
Clients choose us for our commitment to achieving the best outcome in every case. Clients can expect the highest standards of international advocacy combined with full partner involvement. At the same time, our structure allows us to remain largely conflict-free and flexible.
Our experience spans all major industry sectors – we apply our commercial understanding of a dispute to find creative solutions.
We provide strategic legal and business advice for many facets of the retail ecosystem.
We fully understand the scope of challenges and opportunities presented to retailers, consumer product companies, and brand owners. Our clients rely on us to provide legal guidance that meets their strategic objectives.
Our advice ranges from addressing service contracts, supplier contracts, distribution channels and problems, contracting retail markets, supply chain issues, transportation delays and damages, adapting to changing norms from physical locations to e-commerce and financial difficulties.
A key example of our work in the consumer goods category is with furniture and home supplies. We have many clients in the furniture industry providing a suite of services to them, including arbitration, litigation and employment disputes.
Our business-focused approach is part of the very fabric of our firm and enables us to provide quick, decisive and practical advice.
Back to topWe advise businesses in the luxury goods and fashion sectors, including accessories, apparel, auctions and more.
Our thorough understanding of the industry means we can support our clients on many issues impacting their business at every stage of the product and brand life-cycle, from design and manufacturing to distribution and retailing.
This is what sets us apart – our knowledge of this particular market. Our skill-set and service offering covers the full range of legal issues that are experienced in the luxury goods sector.
Back to topWe provide our clients with leading legal expertise and a genuine understanding of the framework, the dynamics and the opportunities prevalent in the food and beverages business.
Our firm works with business across the food and beverage industry, ranging from startups to multinational corporations. We represent food as well as beverage manufacturers, distributors and retailers, restaurants and ‘fast food’ outlets, and grocery and convenience stores.
We have advised recently on many various key projects and cases in this area showcasing our focused approach.
Back to topWe are experts on all employment related matters in the retail and consumer goods sector. New forms of communication through social media and dramatic changes to employment relationships for gig workers highlight the need for businesses to innovate.
We support clients on the full range of issues including: understanding the government relief schemes available to them; facilitating workforce changes; drafting and adjustment of home-office arrangements; commercial contracts; supply chain; and real estate.
The retail industry is arguably the sector most affected by the digital revolution. The legal, technical and commercial implications continue to rapidly evolve and impact every organisation.
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Representation of a large Austrian multinational in various shareholder disputes regarding the nullity of corporate resolutions (EUR 85 million, Austrian courts including Austrian Supreme Court).
Representation of shareholders of a large Austrian industrial conglomerate against a global conglomerate in disputes relating to several share purchase agreements (EUR 700 million, Austrian state courts).
Assisting a leading North American sportswear manufacturer regarding employment related aspects of their retail stores in Austria.
Assisting the client, a Japanese manufacturer of data carriers, in employment matters such as its bonus scheme or redundancies.
Assisting a German manufacturer of luxury goods in its day-to-day employment law matters, such as working time or redundancies, in its Austrian boutiques.
Assisting the client, a U.S. multinational confectionery, food, holding and beverage company, regarding employment law questions and company pension schemes.
Assisting a global tea and coffee company with regard to all employment and pensions related aspects of an asset deal (TUPE); assisting the client in drafting an asset purchase agreement; adjustments to contracts as well as meeting information and consultation requirements; drafting of information letters to employees and works council.
Representation of a large Austrian multinational in five interrelated arbitration proceedings regarding the validity of various strategic corporate decisions (EUR 40 million, ad hoc arbitration).
Supporting a French luxury goods company with regard to transfer of a key employee from Austria to France.
Employment law support of a British auction house with regard to its Austrian subsidiary.
Assisting a British luxury fashion company with their day-to-day employment matters.
Ongoing support of a leading Austrian company in the electronics engineering and manufacturing services sector regarding various employment matters, including the drafting of employment and shop agreements, employee data protection and terminations of employment relationships.
Supporting a German franchise company in the self-serving bakery sector with regard to the recall and appointment of the managing directors of its Austria subsidiary.
Assisting a Croatian consumer goods company with regard to their Austrian employment relationships and the appointment and registration of the managing directors.
Representation of a 10%-shareholder against another 10%-shareholder in a corporate litigation on whether the contribution of 80% of the shareholding in a world-leading sport equipment manufacturer to an Austrian Private Foundation was valid (EUR 800 million, Austrian courts).
Representation of a large Austrian multinational in the proceedings on constitutionality of the Austrian Squeeze out Act (EUR 10 million, Austrian Constitutional Court).
Advising an Austrian glass producer with regard to employment and industrial relation law matters including claims under the collective bargaining agreement, employee data protection and the implementation of home office schemes.
Supporting a leading German multinational home improvement supplies retailing company in all employment related matters, including assistance in drawing-up a data-protection law compliant HR system and its implementation, in line with the respective requirements under Austrian employment law, for about 3,500 employees in Austria.
Assisting the company in defending their current working time schemes against claims of numerous employees and the works council for introduction of a 4-day working week, based on the newly introduced collective bargaining agreement.
Representing the company in court proceedings against one of its former employees claiming re-instatement of her employment based on allegedly socially unfair notice of termination and discriminatory treatment in connection with employment termination (Austrian courts).
Supporting a multinational Italian/American car manufacturer and seller (one of our long-standing clients) in all operative day-to-day employment law, industrial relations and pension issues. Providing support, from Austrian employment law perspective, in possible restructuring measures, including potential reduction in force, mergers and shut-downs of certain operations in Austria. Representing the client against employee’s alleged sexual harassment claims.
Advising a U.S. manufacturer of golf equipment with setting up an Austrian branch.
Assisting a British sports car manufacturer with regard to an employment relationship in Austria.
Assisting a Japanese sewing machine producer in a restructuring process.
Representation of a Korean luxury car dealer in a court proceedings against an Austrian supplier (Austrian courts).
Representation of a Central Asian beverages producer in arbitral proceedings against a Central European manufacturer regarding damages for defective deliveries (EUR 1 million, VIAC).
Representation of a global franchise company in a court proceedings against local franchisees (Austrian courts).
Representation of a large Austrian multinational in a damage claim against a minority shareholder (EUR 20 million, Austrian courts).
Representation of a global leader in packaging and paper in a post M&A dispute regarding the purchase of an Asian company ( EUR 70 million, ICC/Singapore).
Representation of a Western European financial entity in Austrian annulment proceedings regarding an ICC award against several European entities (EUR 10 million, Austrian courts – including the Supreme Court).
Assisting a world’s premier manufacturer of musical instruments and professional audio equipment with regard to claims of employees resulting of the applicability of a bonus program and the subsequent changes to the employer’s very bonus program for the future.
Representation of a lage Austrian multinational in the proceedings against contractual claims brought by a former manager (EUR 30 million, Austrian state courts and an ad hoc arbitral tribunal).
Representation of an European industry holding company in arbitral proceedings against an Asian industrial group regarding indemnity and warranty claims following an M&A transaction in the paint and coatings industry (EUR 7 million, ICC).
Representation of a market-leading, global consumer goods manufacturer and retailer against a Central European supplier regarding damages for breach of contract (EUR 5 million, ICC).
Representation of a German manufacturer of modern technological products in court proceedings against an Austrian employee with regard to the cross-border applicability of the protection against termination under Austrian Labour Constitution Act and German law (Austrian courts, including the Austrian Supreme Court).
Representation of a large Austrian multinational in the squeeze-out of a minority shareholder (EUR 10 million, Austrian courts).
Representation of a German lamp and illuminate manufacturer in court proceedings against an Austrian employee regarding the cross-border applicability of the protection against termination under Austrian Labour Constitution Act (Austrian courts including Austrian Supreme Court).
Calum and Luke had a lot of fun in NY doing this session in front of key clients last week. Our colleagues’ heckling notwithstanding. Essentially, we skip through 6 recent English cases from the first half of 2023. Some we’ve done before and some are new. Traversing plenty of territory in the shipping, commodities and insurance space. This pod will give you a good flavour of what’s been going on in the courts.
And yes, that’s our wacky art wall in the NYC office and not a virtual background…
Case by Case – episode 63: Aussie gurls v California gurls
Katie Perry vs Katy Perry
Delighted to be joined by Dr Romina Santos Reyftmann on the pod this week. Romina is our Pro Bono Coordinator at Zeiler Floyd Zadkovich. We recorded this episode, “Last Friday Night” – well kind of.
In this week’s episode, Luke and Calum discuss English Commercial Court case Anron Bunkering DMCC v Glencore Energy UK Ltd [2023] EWHC 295 (Comm). Commodity sales contract dispute between buyer and seller. Seller paid significant sums but not the full price. Buyer received those sums and discharged much, but not all, of the cargo.
Zeiler & Zenz, “Consumer Arbitration in Europe”, in Austrian Yearbook on International Arbitration 2019
Zeiler, “Der OGH und § 617 ZPO, mit Liebscher”, ecolex 2014, 425
Beisteiner (author), “Supreme Court decides on the term ‘consumer’ with respect to arbitration”, International Law Office – Legal Newsletter, 16.12.2010
