Espriu advises founders, management teams, and boards of directors of emerging growth and middle market companies on essentially all legal matters, including formation, corporate governance, securities law, employment and executive compensation, corporate finance, commercial transactions, intellectual property and mergers & acquisitions.
As general counsel, we bring our resources to bear on the issues our clients confront in managing their growth and success.
At Espriu we advise on a wide spectrum of corporate and transactional projects for both local and international clients, who we assist throughout the project.
We provide timely and precise advice to suppliers and customers on a broad range of commercial contracts across all business and industry sectors.
We represent our clients in connection with a vast range of commercial contracts, including real estate leasing, manufacturing agreements, product distribution, agency and professional service engagements, online advertising and media deals.
Our significant experience includes supply and distribution arrangements, joint ventures, sales and marketing, manufacturing, outsourcing, maintenance, and support arrangements.
See also our expertise on Commercial litigation.
The M&A practice of Espriu is focused on advising growth and middle market companies in connection with buy-side and sell-side transactions, including mergers, stock and asset purchases, spin-offs and other change of control and acquisition transactions.
We have substantial experience not only with the structural aspects of M&A transactions, but the collateral issues that arise in connection with those deals, including tax and intellectual property. Accordingly, we are in position to deliver an integrated group of services to help you structure successful transactions, whichever side of the transaction you are on.
We have extensive experience representing merging parties and related stakeholders in M&A activity across a wide range of industries.
The advice that Espriu provides to its clients covers the whole range of M&A deals, including:
Acquisitions and divestments of shareholdings
Mergers and demergers, both domestic and cross-border
Transfers and contributions of businesses, and business divisions
Share capital increases
Joint ventures (whether by contractual or corporate arrangements)
We help e-commerce clients pay the necessary attention to a strong IP protection; establish policies and procedures to protect their IP; and aggressively pursue those who would try to misappropriate it.
Espriu help clients lead by:
Assisting with on-line contracting issues;
Advising on transaction security, customer privacy and consumer protection issues;
Advising on relationship and linking agreements;
Ensuring the clients comply with regulatory issues governing e-commerce;
Espriu tax advisors have specialized in corporate and commercial taxation. We can provide comprehensive and clear guidance on a wide range of matters, from long-term tax strategies to creating tax-optimized approaches for a given transaction. We advise on a broad range of commercial agreements across all industries, as well as corporate mergers, acquisitions, and capital raisings.
Our tax team includes members with expertise in tax administration, court procedure, substantive tax law and tax policy. Our tax litigators are highly experienced practitioners with broad litigation experience gained from appearing before all levels of Spanish courts.
We advise clients at every stage of the tax dispute resolution process, from audits through to administrative appeals and court challenges, and we regularly enjoy great success in resolving tax disputes with Spanish tax authorities.
At Espriu we would be in position to assist you with a wide range of tax related issues including:
Tax risk management, tax audits, and dealings with the tax authorities prior to the commencement of any litigation (including the presentation and discussion tax rulings and other decisions);
Transfer pricing (risk analysis and determination of policies, negotiation of rulings/APAS, drafting of master and country files, advice on contentious matters prior to and in the course of any litigation, and so forth);
Indirect taxation: VAT, registration taxes, stamp duties, mortgage and registration taxes;
Stock options and other employee incentive schemes.
Our IP practice is concentrated on protecting and commercializing our clients’ intellectual property rights and assets. We provide our clients with counseling, strategic advice, and specific protection for intellectual property in the fields of trademark, copyright, and trade secrets.
The IP advice provide by Espriu would seek to anticipate our clients' challenges while responding to their threats, crafting IP protection and enforcement strategies that help our clients maximize the value of their critical intangible assets.
We have substantial experience with inbound and outbound technology and media rights licensing, and protect our clients’ intellectual property interests in a wide variety of business transactions, such as mergers and acquisitions, joint development and strategic alliance arrangements.
We guide our clients in connection with management of their brand assets, including trademarks, service marks and brand identity.
The advice on intellectual property matters that Espriu provides includes the following:
Drafting of contractual agreements required for the exploitation of intellectual property rights of all kinds;
Drafting of legal opinions on any aspect of intellectual and property;
See also our expertise on IP Litigation.
Employment relationships are among the most regulated in Spain, and ensuring compliance with the many laws and regulations impacting the workplace can be quite challenging. At Espriu we would help you navigate through this complex legal environment, delivering practical advice and counsel to enable you to make smart decisions and minimize risks.
Our broad-based experience with employment matters makes our service offer an exceptional resource to assist our clients in dealing with employment questions, conflicts, and issues that arise throughout the employment life cycle, from hiring through termination. Whether you need to address a medical leave issue before it becomes a major problem, respond to a harassment complaint, or implement proactive measures to prevent future wage-payment mistakes, we will work closely with your management and HR teams to plan a successful strategy, implement best practices, and avoid costly landmines.
Espriu acts on behalf clients in connection with a wide range of disputes and litigation matters, including complex commercial and contract cases and other business disputes.
Our approach is defined by efficient client service combined with sophisticated, intelligent and pragmatic advice. While we are resolute advocates for our clients' commercial interests, we also acknowledge that the best track to a solution may sometimes be through alternative dispute resolution or an ingenious settlement.
Espriu’s Commercial Litigation comprises the provision of advice and representation, whether by way of negotiation, civil proceedings, or arbitration, in all matters relating to the breach of or disputes regarding commercial contracts; purchase and sale of assets, equipment or other lease agreements; banking and financing litigation including secured/unsecured enforcement and recovery, multi-party creditor disputes, asset recovery and tracing, and disputes regarding various security, financing or trade instruments such as guarantees, bonds and letters of credit; disputes respecting various forms of business organizations such as shareholder agreements, joint ventures, partnerships, distribution, agency and other such agreements; and other such matters.
On behalf of our clients we have appeared before the Courts at all levels, as well as banking and insurance regulatory bodies.
Espriu has effectively advised and represented a large diversity of clients, whether by way of negotiation, judicial proceedings or arbitration, in all matters relating to contentious proceedings involving rights respecting trade-marks, official marks, copyright, moral rights, industrial designs, brand names, trade secrets and data protection.
We advise on all types of disputes, whether occurring before the contract enters into force (challenge of tender procedures) or relating to the performance of the contract. We work closely with our clients to develop the most effective strategy taking into account our client's objectives and budgetary constraints.
With experience in procurement litigious matters before all levels of the courts, Espriu acts on complex issues for both the public and private sectors.
We have successfully handled a multitude of litigation cases relating to the awarding or execution of public tenders.
At Espriu we would provide you with reliable and prompt advice in complex public procurement projects in the Spanish market (either on local, autonomous or national basis) for both the public sector and private sector. We understand the different procedures, approaches and strategies required to deal with public law issues.
From the bidding process through to the contracting stage and final execution, Espriu offers full legal assistance. We are familiar with the scrutiny and accountability of the public sector in all aspects of their business activity. In that sense, we are used to work in close cooperation with the client’s project team, conversing on a daily basis to support their needs.
Contracts between public entities and the private sector represent a significant part of the economy and Espriu has the necessary expertise to help clients achieve their goals when dealing with the public administration.
We offer advice on all types of public contracts, ranging from public procurement (public works, services, supplies) to public-private partnerships (PPP).
The type of work we have advised on includes:
See also our expertise on Procurement Litigation.
At Espriu we work with a wide range of enterprising private clients and families creating simple solutions tailored to our private clients' personal situations and goals from individuals and families to business owners. Our service is driven by care, attention, discretion and responsiveness.
We can assist in the following areas:
We advise on all areas of residential conveyancing and handle all types of property transactions, ensuring everything goes as expected by our clients. We have the expertise to help you whether it’s buying, selling, subdividing, developing, or investing in property.
We advise on all aspects of Spanish immigration and nationality for high net worth individuals. We have particular expertise in assisting individuals who wish to obtain "investor" visas, family members of migrants and Spanish citizens, entrepreneurs, business visitors, domestic workers and those who wish to exercise their EU freedom of movement.
We advise on all aspects of Spanish taxation for individuals and their asset-holding structures. We specialize in providing complex Spanish tax advice to individuals whose affairs have a non-Spanish element, including non-Spanish residents and non-Spanish domiciled individuals.