Expertise

Straightforward and always to the point

Arbitration and Complex Litigation

Arbitration and Complex Litigation

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Arbitration and Complex Litigation

National and international arbitration is one of our prominent areas of expertise. Arbitration proceedings have become an important alternative to state courts for resolving disputes that deal with complex factual issues or in areas that are sensitive and confidential, especially in an international context. When acting as counsel for one of the parties, we represent the interests of our clients and accompany them during all the phases of the arbitral proceedings. Since all the partners in our arbitration team are regularly also appointed as arbitrators by parties and arbitration institutions, they are familiar with the relevant issues from the perspective of the arbitral decision-maker as well. Our team, comprising both acknowledged, aspiring experts of the younger generation and partners with many years of experience in international arbitration, has acquired an outstanding reputation which is acclaimed far beyond the borders of Germany.

Your contact Person 

Contact Dr. Gert Brandner, LL.M. (Aberdeen)

Our core areas are as follows:

  • Representing parties in all manner of complex commercial litigation in diverse branches of industry before German and international arbitral tribunals
  • Comprehensive advice with a view to appropriate litigation strategies, successful and both time and cost-effective proceedings, processing complex factual topics and assessing and minimizing risks
  • Acting as sole arbitator, as party-appointed arbitator and as the chairman of an arbitral tribunal
  • Experience in all standard national and international arbitration rules and ad-hoc proceedings
  • Advice and representation in the enforcement and setting aside of arbitral awards
  • Leading functions and lecturing assignments on arbitration law
Mergers & Acquisitions

Mergers & Acquisitions

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Mergers & Acquisitions

We advise our clients on all the legal aspects involved in the sale and purchase of enterprises and shareholdings, including international transactions. In these international transactions we cooperate with law firms abroad, all of which are among the leading law firms in their respective jurisdiction, and we do so in a manner that has been tried and tested on numerous projects. We provide support on questions of structuring prior to the transaction, when processing and conducting due diligence investigations and during the contract negotiations to follow. We assist the management team on all the issues arising during the transaction phase and thereafter. Our skilled and experienced teams guarantee speedy and efficient implementation; one of the special strengths of our advice is the particularly strong cohesion between colleagues from different specialist areas who contribute their own special expertise (incl. labour law, industrial property rights, IT law, antitrust law, public law and on financing).

Your contact Person 

Contact Dr. Peter Mailänder, M.C.J. (New York)

Our core areas are as follows:

  • Non-disclosure and exclusivity agreements, preliminary contract, Letter of Intent (LoI), Memorandum of Understanding (MoU)
  • Structuring and management of the transaction (share deal or asset deal), due diligence investigation
  • Restructuring, joint ventures, special cases such as management buy-outs/buy-ins (MBO/MBI), venture capital entry/exit and private equity investments
  • Preparation, negotiation and implementation of the agreements and resolutions necessary for the transaction
  • Contract management on signing and closing as well as support during post-closing measures (incl. antitrust approval by the authorities)
  • Sale and purchase of enterprises and assets from the insolvency administrator (distressed M&A)
  • Litigation before state courts and arbitral tribunals, e.g. in the event of post-M&A disputes, disputes between shareholders with conflicting interests or attempts by minor shareholders to block a deal
  • Providing advice on the acquisition of enterprises or assets from insolvency assets and advice to involvency administrators on the sale of an indebted enterprise
Labour law, sports law

Labour law, sports law

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Labour law, sports law

We counsel and represent national and international companies in all areas of labour law, including the adjacent fields of corporate, social and tax law. In addition, we advise executive board members, managing directors and employees on collective and individual labour law. An additional area of activity of our law firm in this connection is sports law and providing legal advice to sports clubs and to sportsmen and women. We optimize and structure contracts and articles of incorporation to suit our clients’ needs and also advise and represent them in negotiations and litigation.

Your contact Person 

Contact Dr. Jörg Richardi

Our core areas are as follows:

  • Advising and representing executive board members, managing directors and executive employees
  • Drafting individual employment contracts, management service agreements and general terms of employment
  • Adapting and modifying existing operational and corporate structures, accompanying restructuring and reorganization processes
  • Due diligence investigations, sale and acquisition of businesses and enterprises, providing advice on the transfer of businesses
  • Conducting negotiations and litigation on disputes over employment contracts and service agreements
  • Negotiations with works councils and trades unions, litigating in disputes relating to German works council constitution law
  • Conducting negotiations in proceedings for the reconciliation of interests and social plans
  • Sports employment law, in particular drafting individual employment and termination contracts for sportsmen and women
  • Conducting negotiations and litigation in proceedings before labour courts and at arbitral tribunals, especially proceedings before sports courts
  • Advising and representing sportsmen, sportswomen and clubs in the field of media and marketing law
Corporate law

Corporate law

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Corporate law

One of the core areas of our legal practice is to provide advice on all forms and facets of corporate law and to represent our clients with respect to all the issues relating to the organization of enterprises. Our clients therefore include both listed stock corporations as well as medium-sized enterprises and family-run partnerships. We analyse our clients’ entrepreneurial targets and support them in this context and we are applauded for the way we conduct litigation.

Your contact Person 

Contact Dr. Hans-Georg Kauffeld

Our core areas are as follows:

  • Choice of legal form and formation of companies, with particular emphasis on tax law aspects
  • Advising managing directors, members of executive and supervisory boards on every issue of corporate law including topics relating to corporate governance and compliance
  • Representation of members of executive and supervisory boards and managing directors in the event of claims relating to manager liability, and cooperation with D&O insurance companies
  • Advice to and representation of shareholders in the event of shareholder conflicts
  • Restructuring of existing corporate and group structures, squeeze out
  • Accompanying measures to increase capital, corporate finance
  • Preparing and accompanying annual general meetings and meetings of shareholders
  • Expertises on special corporate law issues
  • Structuring share option and other employee participation programs
  • Planning corporate succession, accompanying family-run companies during the transition to the younger generation
  • Acting as counsel in action on the avoidance of resolutions and in the judicial review of compensation or settlement offered to minority shareholders in the event of corporate restructuring [Spruchverfahren]
  • European corporate law and public/private partnership
Estate Planing and Familiy law

Estate Planing and Familiy law

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Estate Planing and Familiy law

The topic of “bequests and inheritance” is a particularly complex one since inheritance law also involves issues from the adjacent fields of corporate, tax and family law. Whenever we are engaged by clients for private property and corporate succession, our steps are planned with a view to anticipating their effects and are implemented in a practical manner. In particular, complex financial circumstances and the full or partial transfer of family businesses to the younger generation present a special challenge, given that business management, corporate strategy and often psychological aspects also have to be addressed. This is where we have the very expertise required to provide our clients with competent advice.

Your contact Persons

Contact Dr. Ekkehard Hagedorn

 

Contact Daniela Mailänder

Our core areas are as follows:

  • Private structuring of property succession by dispositions during a person’s lifetime and last wills and testaments
  • Accompanying enterprises and entrepreneurs in connection with the transition to the younger generation
  • Inheritance and gift tax law
  • Advice on and responsibility for the execution of wills
  • Foundation and non-profit law
  • Cross-border inheritance and international inheritance law
  • Advance directives
  • Judicial enforcement of inheritance claims
  • Advising on and drafting marriage and civil partnership agreements
  • Representing clients in all matters relating to divorce and the subsequent proceedings connected with a divorce
  • Regulating the maintenance of members of the family in the event of separation and divorce
  • Matrimonial property disputes
  • Personal custody rights and structuring visitation rights for minor children
  • Compulsory enforcement of judicial and notarized documents in Germany and abroad
Banking and capital market law

Banking and capital market law

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Banking and capital market law

We advise domestic and foreign financial institutions and institutional investors on all questions relating to banking law, banking supervisory law and the law of the capital markets. In the past few years alone, we have conducted 1,500 law suits, notably defending against consumers bringing claims for damages. The industry confirms that our specialist banking law team has particular expertise in advising and acting as counsel for financial institutions and issuing houses and in strategic advice when acting in bulk proceedings.

Your contact Persons

Contact Beate Bruckmaier

Our core areas are as follows:

  • Advising and representing financial institutions on the law relating to the capital markets, in particular on liability issues relating to the obligations and liability of an investment consultant (extra-judicial representation in the context of ombudsman and conciliation proceedings and conducting the litigation brought by bank customers suing for damages)
  • Comprehensively advising and representing banks and savings banks and building associations in the area of contract and credit law, payment transactions and loan security (including loans to the entrepreneur, consumer credit, revocation rights, linked transactions and comparable transactions, bank fees and charges, interest adjustment clauses)
  • Advice and representation on financial transactions, corporate and group financing (including cash pooling), real estate finance, project finance, acquisition finance
  • Provide legal opinions under Art. 194 para 1 CRR regarding effectiveness and enforceability of credit protection arrangements (particularly in international context)
  • Advice and representation at class action on capital market disputes pursuant to the Capital Investors’ Test Cases Act (KapMuG)
  • Advice on questions relating to securities trading law pursuant to the German Securities Trading Act (WpHG) (ad-hoc publicity, insider law, disclosure requirements etc.)
Competition, Procurement, State Aid Law, Compliance

Competition, Procurement, State Aid Law, Compliance

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Competition, Procurement, State Aid Law, Compliance

Advice on antitrust law has always been one of the main focal points of our legal activity. In this context we represent the interests of German and international enterprises of all sizes and in all branches of industry, for example in connection with M&A transactions, when drafting contracts or evolving and implementing compliance programs in accordance with antitrust or public procurement law. Furthermore, we provide our clients with support on public procurement and state aid law. We have significant experience in representing our clients’ legal interests before European and national cartel authorities and courts in all types of proceedings and at all court levels.

Your contact Person 

Contact Prof. Dr. Ulrich Schnelle, LL.M. (Illinois)

Our core areas are as follows:

  • Enforcement and defence of antitrust (compensation) claims under civil law
  • Merger control, including the registration of planned mergers with the national cartel authorities and the EU Commission, coordination of multiple jurisdiction filings
  • Representation at antitrust administrative fine proceedings before the German Federal Cartel Office and the EU Commission including the leniency program and settlement proceedings and legal protection at the courts of competent jurisdiction
  • Advice on antitrust distribution issues relating to collaboration with suppliers and customers, advice on horizontal cooperation (e.g. in joint ventures)
  • Antitrust advice on over-the-counter and online distribution systems
  • Conceptualization and implementation of compliance programs under antitrust and public procurement law; training for management, sales and procurement personnel
  • Control of abusive practices, in particular: rebate schemes, exclusivity agreements, questions of unfair impediments/discrimination and pricing abuse, essential facilities
  • Support for both the customer and the contractor side in public procurement procedures and concessions for services, documentary, time schedule and test management
  • Representation of the customer and the contractor side at public authorities and courts
  • State aid law, testing the conformity of state aid, especially for services of general interest
  • Compliance in antitrust law and other areas of law, especially training courses
Commercial and International Business Law

Commercial and International Business Law

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Commercial and International Business Law

We assist our clients in the – worldwide – distribution and purchase of products and services. This includes the conception, (judicial) enforcement, and processing of sales systems, especially with regard to issues of compensation for termination and restraints on competition. Our clients benefit from our expertise in insurance law as well as in dealing with product liability and recalls. We provide advice in particular in the fields of automotive, food, pharmaceuticals, leisure and luxury goods, medical devices, security and industrial products, furniture, disposal and facility management, advertising, and financial products. Our particular focus is on cross-border legal transactions, where we offer multinational solutions from a single source through our international network of law firms.

Your contact Person 

Contact Dr. Christian Aufdermauer

Our core areas are as follows:

  • National and international commercial law, CISG, drafting, negotiating, and enforcement of sales contracts and warranties/guarantees
  • Drafting, negotiating, and termination of commercial agency or authorized dealer contracts, enforcement of and defense against of compensation claims and non-competition clauses
  • Advice and representation in any aspects in the field of national and international distribution agreements and systems, including franchise and leasing contracts
  • Assistance in the set up and operation of web shops and the online distribution
  • Bidding procedures and the drafting and negotiation of national and international supply and procurement contracts
  • Product recalls and the defense against product liability claims, compliance with product safety regulations
  • Drafting and amendment of market-specific terms and conditions (T&C)
  • Insurance law: Negotiation and judicial enforcement of insurance coverage, especially in the fields of product liability insurances, transport insurances, credit insurances
  • Foreign trade law, customs, BREXIT
Restructuring and insolvency law

Restructuring and insolvency law

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Restructuring and insolvency law

We apply our extensive knowledge in all areas of commercial law to identify economic crises for our clients as early as possible and then to take the appropriate measures. In this context, we support our clients both in pre-insolvency restructuring, e.g. under the StaRUG, but also in the process of preparing and conducting insolvency proceedings. At each step of the restructuring process, we consult our internal experts as well as renowned partners in the field of insolvency administration to ensure the best possible advice in difficult situations like these.

Your contact Person 

Contact Dr. Timo Alte

Our core areas are as follows:

  • Establishment and enhancement of early crisis detection systems
  • Advising managing directors and members of the executive and supervisory boards during reorganisation phases and in insolvency situations
  • Advising on and conducting reorganisation measures outside insolvency proceedings, in particular negotiations with banks and business partners, restructuring, closing down operating facilities, and cutting back on personnel
  • Advising on and conducting measures under the StaRUG, in particular on the preparation of a restructuring plan
  • Advising on the initiation and conducting of all kinds of insolvencies
  • Advising on the crisis-proof structuring of legal relationships, the enforcing of claims in insolvency proceedings of business partners and in defending against insolvency avoidance claims
IP, IT, Media, Privacy

IP, IT, Media, Privacy

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IP, IT, Media, Privacy

Entrepreneurship and innovative talent need freedom. This applies not only to people working in the film, broadcasting, press and publishing sectors, but also to the sales and marketing experts in craft trades and industry. However, when procuring and marketing products and services via modern IT and telecommunications channels, creativity is often constrained by copyright law and the rules of law of media policy. This demands the intrinsic expertise and in-depth experience we have pooled in a specialist competence team comprising specialists and specialist attorneys.

Your contact Person 

Contact Dr. Stephan Baur

Our core areas are as follows:

  • IT, Internet, domain disputes, e-commerce
  • Industry 4.0, IoT, Smart Products
  • Software agreements (for standard and individual software)
  • Legal design of websites
  • Press and publishing law (questions of licensing, right of reply etc.)
  • Data protection, Compliance with data protection law in enterprises
  • Media-related antitrust law (concentration and merger control law)
  • Legal advice and litigation on competition law including unfair competition
  • Filing and administration of national trade marks, Union trade marks and international registrations
  • Litigation on trade marks and designs
  • Patent infringement litigation
  • License agreements, in particular for copyrights, licensing trade marks, patents and know-how
  • Litigation on licenses, including arbitration
  • Advertising, merchandizing and sponsoring agreements
Construction law, architects, real estate

Construction law, architects, real estate

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Construction law, architects, real estate

We have decades of experience in advising and representing our clients on major construction projects and industrial plant. This includes legal advice to corporations on consortium and joint venture projects abroad and counselling architects and engineers on national and international projects. Real estate law and commercial lease and rental law form additional significant components of the legal services we offer.

Your contact Person 

Contact Dr. Tobias Eisenmann

Our core areas are as follows:

  • Private construction law: contract drafting, establishing and defending against claims under construction contracts
  • Representing parties in enforcing and defending against claims under construction contracts
  • Representing enterprises, consortium members and joint-venture partners in connection with major construction projects and with the installation of industrial plant
  • Advising and representing clients in cases where evidence has to be established (proceedings for expert opinions and arbitral opinions, independent evidence proceedings at national and international level)
  • Commercial lease and rental law
  • Brewery law and the law relating to the hotel and catering trade
  • Law relating to architects and engineers: contract drafting, issues of liability and fees
  • Real estate transactions: contract drafting, legal due diligence investigations, advice and representation
  • Project development: contract drafting, advice and representation