The “Intangible” Law Firm
As independent legal professional Ernst van Bemmelen van Gent assists and can assist those faced with the following themes:
Humans start life with birth, an amazing event that affects the baby itself, mothers, fathers and care givers. Trust in the natural capacities of the mother or anxiety? Thinking in continuity of care or risk orientation? Bad luck or medical maltreatment? Ultimately legal questions that involve fundamental or human rights, contractual liabilities and the design of regulated markets. Legal questions that deserve answers for babies, mothers and care givers alike.
Societies invest heavily in health, both individually and through state arrangements. What is the best system? Commercial or collective? What treatment should be available at what age or geographical location? Should patents on medicine be upheld or waived when patients cannot afford them? Who sets norms for professional behavior? Legal questions for individual patients, patient groups, medical service providers, state hospitals and investors in health services.
Persons join forces to form organizations with which they can pursue their dreams. Who should invest what money and time? How are decisions made on dividend and appointments of employees? How can liability be managed? What tax rules apply? Legal questions that can be discussed with one of the partners or with both, and issues that can be translated to advices or the establishment of legal persons and contractual arrangements.
For many businesses intellectual property are the most crucial assets, be it copyright, patent or trademark. Success attracts “followers” who without the investment wish to make a profit. Can they be stopped? How can those assets be protected? What are the limits of such protection? Legal questions that play a role in the start-up phase or in the heat of court litigation.
Foreign Direct Investment
Companies look for opportunities abroad. Host states welcome investors who help develop local economies. What local law apply? What international treaties apply? How are disputes settled? Legal questions that require rigorous solutions.
Money is the oil of economies. All states design a regulated market in which companies may provide banking and insurance services. May you take money of customers? May you act as agent between customer and bank? What qualitative requirements apply to managers and employees? Legal questions where European Union law is the key.
Many products and services are produced and distributed in a chain of independent companies under the flag of one name: franchise. What legal obligations has each company in this chain? How much may the franchise giver determine the activities of the franchise taker? When does European competition law overrules clauses in franchise contracts? Legal questions that know an answer.
Organizations can reach the end of their natural life span, can run out of business or face dramatic changes in the market. Are the owners able to transform the organization? Can assets be sold? Who takes care of the employees? What can you do as creditor? Legal questions that concern many stakeholders and that can be answered in or outside court.
Humans die. Gracefully or untimely. Who inherits the assets and liabilities? What happens with the company of the deceased? Is someone to blame? Long term processes that could involve legal assistance.