It is of course best for a business to see to it on a day-to-day basis that all necessary measures are taken and that all necessary agreements are entered into to ensure that the business has the best possible legal position with respect to, among other things, the requirements applicable under labour and employment law and in respect of intellectual property rights and the legal protection of trade secrets.
It is, however, one of Norrbom Vinding’s core competencies to assist businesses that, for one reason or another, wish to stop and take a look at whether everything has been carried out in the best possible way. In other words, we assist businesses wishing to carry out a “Due Diligence” in these areas. There may be many reasons for wanting to do a “Due Diligence”. New management may, for instance, have a wish to take a closer look at the business, or the business may need to be prepared for, or may already be involved in, M&A activities.
A “Due Diligence” should of course be adapted to the specific circumstances of the situation, but we typically assist businesses by examining one or more of these questions:
- Whether the terms and conditions in employees’ individual contracts are in compliance with the applicable statutory requirements and whether they are generally “up-to-date”
- Whether remuneration terms and incentive schemes are structured in the most efficient manner
- Whether non-compete, non-solicitation and/or other terms and conditions are handled in the most efficient manner
- Ownership of relevant intellectual property rights and possible deficiencies in terms of registered rights
- The businesses’ legal position in terms of relevant licensing agreements, research and development agreements and other relevant types of agreements
We also assist in designing and implementing measures that prove relevant on the basis of a “Due Diligence”. For example, it may be relevant to draft and implement amendments to terms and conditions of employment or to outline and implement certain HR policies (for instance relating to the extent to which non-compete or non-solicitation clauses are to be used), or policies intended to ensure that intellectual property rights are, among other things, identified, registered, exploited and enforced.