Miguel Mariscal‘s vision for founding Mariscal & Abogados was to offer exceptional legal advice to companies, particularly those with an international presence in Spain. To achieve this goal, he gathered a team of exceptionally skilled lawyers fluent in Spanish, English, French, and German to deliver customized and personalized services that would ensure the satisfaction of their clients.
Mariscal & Abogados remains dedicated to pushing forward in the same direction, continually striving to anticipate the evolving needs of its clients and to offer tailored solutions that meet their specific requirements. Our team of lawyers is poised to provide swift, efficient, and top-notch service, reflecting our unwavering commitment to excellence.
At Mariscal & Abogados, we believe that building strong relationships of trust and closeness with our clients is the key to providing solutions that meet their unique needs. Our team works tirelessly to gain a deep understanding of our client’s businesses so that we can offer tailored, high-quality legal services that exceed their expectations. Your satisfaction is our top priority.
Mariscal & Abogados has extensive experience handling commercial transactions of all types, especially those that involve an international component.
Precisely in this type of international business, we provide added value to our clients by expertly addressing the complexities of cross-border transactions between companies of different nationalities and potentially dealing with foreign authorities and legal systems.
We focus on the key features of these agreements: product description, exclusivity rights, market specifications, fee structure, liability, and indemnification, non-compete covenants, or dispute resolution, among others.
We establish the specific terms and conditions to franchise your business in Spain: trademark use, exclusivity clauses, territory specifications, training and support, royalties, liability and indemnification, and dispute resolution, among others.
We focus on the terms and conditions for the sale and purchase of goods, among others: description of the goods or services, price and payment terms, delivery schedule, warranty and returns, intellectual property, termination, and dispute resolution.
We establish the main aspects for the provisions of specific services or the performance of distinct tasks: payment terms, confidentiality and data protection, liability and indemnification, and dispute resolution, among others.
We define the crucial elements of licensing agreements, among others: definition of the intellectual property, scope of the license, payment terms, duration, termination, confidentiality and non-disclosure, and dispute resolution.
We determine the essential features of this type of agreement, among others: definition of the technology, transfer of ownership, licensing, royalty payments, confidentiality and non-disclosure, termination, and dispute resolution.
We set the terms and conditions to set out the responsibilities and obligations of each party concerning product safety and quality: product description, warranty, liability, indemnification, and dispute resolution.
Our scope of services for business law includes, among others:
Mariscal Abogados relies on a team of lawyers specialized in the labour field. Our international training allows us to support national and foreign companies that require labour and employment advice in Spain.
As a multidisciplinary firm, our labour and employment advice is comprehensive, as we collaborate with the rest of the firm to provide a complete service adapted to the language required by the client.
Our services include:
Our services in employment contracts are comprehensive: guidance to companies regarding the development and customisation of employment contracts according to their specific requirements, operations, and structure; contractual clauses review, adapting them to the current regulations in Spain (for example, data protection clauses in line with the new GDPR). We also advise and prepare everything related to dismissals and the termination of contracts.
We carry out projects to optimise the structure of companies’ workforces, using the different contractual modalities available on the market and ensuring compliance with labour regulations, especially concerning temporary contracts.
We conduct labour audit procedures (Due Diligence) from the perspectives of both the buyer and the seller. Our analysis focuses on the company’s compliance with labour law and aims to identify potential labour breaches that could affect the transaction.
The labour law audit considers general Spanish labour law regulations and those specific to its type and activity. We conduct the audit collaboratively, involving all relevant teams, ensuring the final report presents coherent conclusions. These conclusions are essential for negotiating an appropriate price for the transaction. The areas under study include, but are not limited to:
After presenting the report, we will offer our advice for resolving any potential labour contingencies identified, should the purchasing party be interested.
We also provide our services to companies that do not intend to undergo any transactions affecting their structure but wish to conduct a legal labour analysis. This review aims to proactively prevent non-compliance issues that could result in sanctions by the Spanish labour authorities.
Our services encompass a wide range of activities, from analysing the nature of the employment or commercial relationship between the employee, administrator, or senior manager and the company, to drafting appropriate contracts and assessing the Social Security Scheme, if necessary.
Apart from contract drafting, we advise on any special clauses the company might want to include, such as non-competition agreements, golden parachute clauses, exclusivity, confidentiality, and more.
In this context, our work also involves studying the enforceability of existing clauses and the potential risks of non-compliance by top managers, administrators, or managers. We offer guidance to the company concerning employment termination, providing support in negotiation and drafting agreements for the conclusion or suspension of prior employment relationships when required.
Our collective bargaining services range from negotiating collective agreements and contracts to advising on retirement processes or redeployment in the case of large-scale redundancies.
Our services include negotiations with employee representatives and trade unions and consultations with collective bargaining advisory committees.
We participate in all phases of employment regulation proceedings, preparing the necessary documentation, acting as mediators in negotiations with advisory committees and employees and communicating with the relevant labour authorities.
We handle cases of temporary employment regulation (Expediente Temporal de Regulación de Empleo or ERTE) due to force majeure (as with COVID-19) and for objective reasons.
Our team has extensive experience in the preliminary administrative conciliation process and before the Spanish Social Courts.
We assist in all types of proceedings, including:
In addition to the above, we advise in all areas of labour law that are mandatory in the Spanish legal system. These services include, among others:
Our firm has extensive experience representing companies in litigation and arbitration, providing tailored solutions for each case. We advise national and international companies across all industries and represent them in all relevant judicial and extrajudicial proceedings.
We cover a wide range of disputes, including:
Our services include:
We have extensive expertise in real estate M&A, investment and development, urban planning, real estate finance, and taxation, as well as litigation, environmental, and planning matters.
Our real estate services include:
