Practice Areas

Clerkin Lynch provides a range of legal services, specialising in Financial and Commercial law.

Banking and Financial Services

We act in all types of secured and unsecured lending transactions including development finance, acquisition finance and property finance. We also have experience of acting for Irish companies in cross border financings and international transactions.

In addition to transactional work, we advise banks and corporations on the complex regulatory issues that often arise in financial and banking transactions and the potential litigation problems that can arise from breach of such regulations.

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Commercial Contracts

We advise on all types of commercial contracts including agency agreements, distribution agreements, confidentiality agreements, licensing agreements and manufacturing and supply agreements. We advise clients in a broad range of industries including pharmaceutical, fast moving consumer goods (FMCG), food and beverage and multi-media design.

We make it our primary goal to understand our clientÍs business so that we can ensure that they are adequately protected in all of their contractual arrangements. We offer pragmatic and result focussed advice to our clients which is sensitive to their business needs and the outcomes they require.

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Commercial Litigation

We provide our clients with pre-dispute advisory services and manage all stages of the formal litigation process. Our goal in advising clients on contentious matters is to achieve an outcome which is cost effective and meets their business needs. We also advise on legal actions arising under the Companies Acts, with a particular emphasis on shareholder and boardroom disputes.

Our aim is to help our clients avoid disputes wherever possible. In this regard, we are aware of the benefits afforded by all forms of alternative dispute resolution such as mediation and concilliation. We encourage clients to use these methods wherever appropriate.

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Construction

We act in contentious and non-contentious construction matters on behalf of all parties to construction projects including employers, main contractors, sub-contractors and professional advisors such as Architects, Engineers and Designers.

In addition to providing construction law advice on design liability, contract interpretation and loss and expense claims, we also provide project finance advice in connection with the funding of such construction projects.

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Employment

We advise clients on all issues relating to employment relations. We assist our clients in designing and implementing employment and human resources policies that are consistent with best market practice.

The range of employment issues on which we advise clients includes: drafting employment contracts, assisting in compiling employee handbooks, terminating employment contracts and all legal considerations arising from the recruitment process. We provide regular updates on any changes to the employment legislative framework.

We also advise clients on employer/employee dispute resolution processes and prepare cases for our clients before the Employment Appeals Tribunal, the Courts, Rights Commissioners and other dispute resolution fora.

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Technology Law

We advise technology companies on all aspects of their business. Our work includes preparing and reviewing software licensing agreements, advising on intellectual property law as it pertains to the technology industry, drafting and reviewing ïend user agreementsÍ and drafting and reviewing ïclick-wrapÍ contracts.

We also provide full advisory services to our clients on all regulatory issues relating to their businesses, including data protection and e-commerce legislation. We provide our clients with a valuable insight into the complex way in which traditional contract law principles interact with the technology industry.

A key component of our technology law practice is the emphasis we place on advising multi-media and graphic design companies in relation to intellectual property issues such as copyrights, trademarks, licences and end-user rights.

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Company Law

We advise our clients on all aspects of the Companies Acts, 1963-2006 and how these Acts impact on the way in which they conduct their businesses. In particular we advise on directorÍs duties, minority shareholders rights, insolvency, investorÍs rights, venture capital, internal governance and company secretarial requirements.

We advise clients on the implications of the Company Law Enforcement Act, 1999 and the powers of the Office of the Director of Corporate Law Enforcement (ODCE).

In addition to our company law practice, we also advise on white collar crime issues and deal with all regulators such the Competition Authority, the Financial Regulator, the Revenue Commissioners and the Criminal Assets Bureau. At all times we aim to protect the good name and standing of our clients.

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Start Up Companies

We assist young entrepreneurs in setting up and establishing their businesses. Our initial services include incorporating companies, providing preliminary advice on legal issues relevant to their industry, providing advice on financing from Banks and investors, reviewing all commercial contracts entered into by the business in its start up phase and advising on any regulatory requirements relevant to the industry.

We provide ongoing legal support to start up companies as they progress beyond the initial start up phase and use our expertise in this area to assist them in identifying potential legal and contractual pit falls which may arise as their businesses expand.

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Healthcare

We provide advice to pharmaceutical companies and healthcare providers on a range of issues from patents to accreditation and sales and distribution. We have a particular focus on advising physiotherapists and general medical practitioners who are establishing or have recently established a private practice. We advise our clients on all elements of their business including regulatory issues, employment law issues and all contractual arrangements into which they have entered.

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