Contracts form a foundation in business law and are found in a myriad of variations. What is common to all contracts, and crucial for any contract to be successful, is that it safeguards predictability for the parties, ensures clarity about obligations and rights and ensures an appropriate risk distribution. A properly drafted contract will help the parties achieve their goals, as well as prevent disputes.

Lin Advokater has a practical and commercial approach in our counseling. We have in-depth knowledge of standard contracts, Norwegian contract law and special regulations relevant for our disciplines. We assist in all phases from drafting, negotiations, and conclusion of agreements to follow-up and ongoing advice along the way, as well as dispute handling.

Corporate law is one of the central foundations of business law. The vast majority of businesses are run through companies. It is important to organize the business in the best possible way within the framework set by company law.

Lin Advokater advises on the choice of company form and compliance with company law rules, and prepares solutions adapted to the individual business. We have extensive experience in advising the public sector when choosing between forms of companies such as inter-municipal companies (IKS), municipal enterprises (KF), co-operatives (SA) or limited liability companies (AS).

We also assist in the purchase of businesses, mergers, capital expansions, mergers/demergers and other transactions.

Lin Advokater has strong expertise and extensive experience in the legal areas relevant to the pharmaceutical industry.

Among other things, we assist with the following:

• Preparation of contracts for various forms of cooperation between industry and health personnel, institutions, and public bodies.

• Securing rights.

• Regulatory issues.

• Regulatory requirements.

• Marketing questions, including questions concerning marketing and advertising.

• Pharmaceutical tenders.

Lin Advokater assists both employers and employees in issues related to working conditions. Our advice covers the range from entering into employment agreements, via issues related to ongoing employment and to termination of employment (redundancies, dismissal due to the employee’s lack of performance and other relevant cause for dismissal). We assist in negotiations and litigate cases before the courts in the event of a lawsuit for invalidity, claims for compensation, claims to remain in the position during the legal proceedings and petition for resignation or re-entry.

Our services also include assistance concerning the employer's fulfilment of statutory obligations in connection with drafting and enforcement of non-competition and non-solicitation clauses.

Lin Advokater has special expertise in equality and anti-discrimination law and assists both businesses and private individuals in cases concerning alleged breaches of the regulations.

Intellectual property law includes several legal disciplines, such as patent law, copyright law, trademark law and company name rights law, as well as design protection and database protection. The field also includes the protection of domain names and questions about the protection of know-how and trade secrets.

Lin's expertise also includes the rules on protection against counterfeiting and unfair competition as well as the framework for legal marketing measures.

Intellectual property rights can constitute a significant part of a company’s value; and securing and enforcing these rights is of great importance. The possibility to protect intellectual property rights encourages research and development. At the same time, third parties’ intellectual property rights may limit the freedom to operate.

Lin also offers "in-house" services. An experienced lawyer will be available to the client an agreed number of days per week / month, and work in the role of "in house" lawyer, either alone or together with the existing legal department.

This is a service increasingly in demand where companies need a lot of legal assistance for a limited period of time. This may be caused by various reasons, for instance specific projects, internal changes such as reorganizations or restructurings, the need to establish routines and documentation related to various compliance programs (anti-corruption, GDPR/data privacy, etc.), or large order intakes.

Lin offers experienced resources with broad legal expertise and many years of experience from the role of legal director and member of the management team, including in listed companies.

Public procurement legislation in Norway implements the EU Public procurement directives.

Lin Advokater assists both contracting authorities and suppliers in connection with different types of tendering procedures. We have broad experience with acquisition of works, supplies or services covered by the Public Contracts Regulation, the Utilities Contracts Regulation and the Concession Contracts Regulation.

We assist on all steps in the process, inter alia:

• Assessing whether an acquisition falls under the scope of the procurement regulation, including the inhouse and exclusive rights exemption

• Giving legal advice to the contracting authorities prior to publishing a tender contract, for instance regarding choice of procedure, evaluation methods etc.

• Giving legal advice regarding evaluation of the tenders, demand for access to information pursuant to the Open Files Act etc.

• Assist in claims for the Norwegian Complaints Board for Public Procedures (KOFA) regarding irregularities in the tendering procedure

• Litigate cases before the courts regarding interim measure (injunction) to stop the purchasing authority from signing the contract when the stand still period has expired, or claim for compensation due to irregularities in the tendering procedures.

The State aid rules in the EEA Agreement are broadly equivalent to the State aid rules in the EC Treaty and are monitored by the EFTA Surveillance Authority (ESA).

The State aid regulations are intended to prevent public authorities from giving certain companies or sectors a more favorable competitive position than companies that do not receive aid. The concept of aid is very broad. First, it includes measures that provide funds to the recipient, for example through direct grants. But also exempt from financial burdens that would otherwise be imposed, such as tax exemptions, may be considered as State aid.

State aid is basically prohibited. However, exceptions have been granted through group exemptions (GBER) and guidelines from ESA.

The substantive rules in the field of State aid consist of guidelines as to how the state (which includes local and regional authorities and certain public enterprises) shall act when engaged in economic activity. The market economy operator (MEO) test is central to the state aid rules and entails that the public sector must resemble a rational and profit-oriented private actor when establishing its own business that compete with private companies. The compatibility with the State aid rules must also be considered for instance when the public sector exploits spare capacity in a competitive market, sells goods or services, rents out public property, or are involved in public private partnership (PPPs).

Lin Advokater assists with the following:

• Assessment of whether a planned measure entails State aid and if so, whether the support is covered by a group exemption or needs to be notified and approved by ESA.

• Assistance in the design of State aid measures – both individual measures and general support schemes – to ensure that they are covered by an exemption or can be approved.

• Assistance to the aid provider of the State aid measure in case of prior notification to ESA.

• Assistance to potential recipients of support in the event of illegal state aid, including in connection with claims for repayment.

Section 10 and 11 of the Norwegian Competition Act of 5 March 2004 no 12 is drafted in line with article 101 and 102 of the TFEU and mirrors that of article 53 and article 54 of the European Economic Agreement (EEA).

Lin Advokater assists companies that wish to ensure that their activities are operated within the framework of the competition rules. The competition rules also apply to public enterprises engaged in economic activity, for example by providing goods and services in competition with private investors, in addition to conducting core activities of a non-economic nature (e.g., renovation, health services and schools).

Lin Advokater advises, among other things, on the following matters:

• Competition law assessment of acquisitions and other corporate mergers.

• Design and quality assurance of distribution agreements, licensing agreements and various forms of cooperation agreements so that they do not conflict with the competition rules.

• Assistance related to illegal cooperation, such as market sharing, price cooperation and tender cooperation.

• Cross-subsidiation, for example where the public sector engages in both economic and non-economic activity

• Assessment of exclusivity agreements, loyalty discounts, delivery denials and other types of market behavior that may constitute unlawful abuse of dominant position.