Expertise

Straightforward and always to the point

Arbitration

Arbitration

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Arbitration

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.

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
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.

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

Your contact Person

The team

Intellectual property

Intellectual property

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Intellectual property

In an innovative and modern industrial society with growing digitalization (Industry 4.0), industrial property rights have become an indispensable tool for securing corporate success. Intellectual property (IP) such as trade mark rights, design rights, utility models and patents are becoming increasingly significant. The impending introduction of the European unitary patent and the establishment of the Unitary Patent Court will provide companies with completely new opportunities. We counsel at both national and international level with our in-depth experience and sound knowledge of specialist attorneys. We offer tailored solutions and enforce our clients’ rights in proceedings before state courts and at arbitral tribunals.

Contact Dr. Werner Keßler

Our core areas are as follows:

  • Legal advice and litigation on competition law including unfair competition
  • Litigation on trade marks and designs
  • Patent infringement litigation
  • License agreements, in particular for licensing trade marks, patents and know-how
  • Litigation on licenses, including arbitration
  • Software design agreements and licenses
  • Industry 4.0, Internet law, e-commerce
  • Data protection
  • Advertising, merchandizing and sponsoring agreements
  • Filing of national and EU trade marks and designs, subsequent registration procedures
Distribution, commercial and insurance law

Distribution, commercial and insurance law

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Distribution, commercial and insurance law

Successful sales and trade are the backbone of every company and are therefore also a core area of our legal work. We accompany both the national and international purchasing of products and services, the conceptualization, (judicial) enforcement and processing of sales systems, especially with regard to issues of indemnification for termination and prohibition of competition. Our clients benefit from our expertise in insurance law and similarly in dealing with product liability and recalls. We provide advice in the following fields in particular: automotive, foodstuffs, leisure and luxury goods, medical, security and industrial products, furniture, disposal and facility management, advertising and financial products.

Contact Dr. Alexander Hübner

Our core areas are as follows:

  • National and international commercial law, UN CISG, the drafting, negotiating and judicial enforcement of sales contracts and the law relating to warranties
  • Drafting, negotiating and terminating commercial agency contracts, enforcement and defence of indemnification claims and non-competition clauses
  • Comprehensive counselling and representation in the field of national and international distribution agreements and systems, including leasing contracts
  • Consultation on setting up and operating online shops and distribution via electronic media
  • Bidding procedures and drafting and negotiating national and international supply and procurement contracts
  • Product recalls and defence against product liability claims
  • Compilation and modification of market-specific terms and conditions (AGB)
  • Insurance law: Negotiation and judicial enforcement of insurance cover, especially in the fields of business liability insurance, transport insurance, D&O insurance
  • Foreign trade law, customs, BREXIT
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.

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

Your contact Person

The team

Antitrust, public procurement and state aid law

Antitrust, public procurement and state aid law

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Antitrust, public procurement and state aid law

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.

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
  • 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
Restructuring and insolvency law

Restructuring and insolvency law

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Restructuring and insolvency law

A company crisis does not necessarily have to end in insolvency. For this reason, we provide our clients with advice on planning and conducting reorganization, and also on initiating und conducting insolvency proceedings. Our advice to shareholders and managing directors during reorganization and prior to insolvency proceedings focuses on avoiding liability risks. In addition, we support creditors of insolvent enterprises in establishing and enforcing their claims and in defending against the avoidance of claims asserted by the administrator in insolvency under insolvency law.

Contact Dr. Timo Alte

Our core areas are as follows:

  • Advising on and conducting reorganization measures outside insolvency proceedings, in particular negotiations with banks and business partners, restructuring, closing down operating facilities and cutting back on personnel
  • Advising managing directors and members of the executive and supervisory boards during the reorganization phase
  • Advice to and representation of creditors during reorganization and insolvency proceedings, in particular asserting special rights and liability claims under insolvency law and acting as a representative at meetings of creditors
  • Defence against the avoidance of claims asserted by the administrator in insolvency under insolvency law
  • Providing advice on the acquisition of enterprises or assets from insolvency assets and advice to involvency administrators on the sale of an indebted enterprise

Your contact Person

The team

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.

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]
Inheritance law and corporate succession

Inheritance law and corporate succession

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Inheritance law and corporate succession

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.

Contact Dr. Ekkehard Hagedorn

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

Your contact Person

The team

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).

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
Family law, asset protection and the rights of individuals

Family law, asset protection and the rights of individuals

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Family law, asset protection and the rights of individuals

In addition to the comprehensive service we offer our clients in all relevant areas of business law, we also provide support on thoroughly personal matters too. This includes, above all, personal life planning, sensitive representation on this and bespoke advice on each individual case. In addition, spouses and civil partners frequently overlook the need to take precautionary measures and make provisions. We evolve concepts and structure contractual agreements in this respect. We provide our clients with support on national and international divorce matters and on all the typical issues arising from family disputes.

Contact Daniela Mailänder

Our core areas are as follows:

  • 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
  • Enduring powers of attorney
  • Compulsory enforcement of judicial and notarized documents in Germany and abroad

Your contact Person

Media, IT and telecommunications law

Media, IT and telecommunications law

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Media, IT and telecommunications law

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.

Contact Dr. Stephan Baur

Our core areas are as follows:

  • Licensing law (procurement and marketing contracts with authors)
  • IT, Internet, domain disputes
  • Software agreements (for standard and individual software)
  • Legal design of websites
  • Press and publishing law (questions of licensing, right of reply etc.)
  • Agreements for photograpers and models
  • Film contracts (film finance, promotion, production and distribution)
  • Labour law (contracts with employed and freelance creative personnel)
  • Compliance with data protection law in enterprises
  • Telecommunications law
  • Media-related antitrust law (concentration and merger control law)
European law, public commercial law

European law, public commercial law

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European law, public commercial law

We have had an office in Brussels since 1987 already and were one of the first German law firms to open our own office there. This is where our law firm can keep directly in touch with the European Commission and the European Union’s other institutions. By incorporating European law into our legal work, we are able to represent our German and international clients before the relevant authorities and to provide competent advice at first hand.

Contact Dr. Rolf M. Winkler, LL.M. (Berkeley)

Our core areas are as follows:

  • Judicial review and legal opinions in accordance with supranational law
  • Acting as representatives of enterprises in appeals proceedings, in asserting liability claims and in ombudsman proceedings against the EU institutions
  • Litigation before the General Court (European Union) (EGC), the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR)
  • Examining state, regional and EU aid (subsidies), i.e. for restructuring enterprises, for infrastructure and other services
  • The area of free movement of goods and services and freedom of establishment, including the law relating to foodstuffs, gaming, sports, waste disposal, postal services, regulated services and passenger transport
  • European corporate law and public/private partnership
  • EU market and customs law, including import VAT law, regulating dual use goods and anti-dumping law
  • EU law relating to the energy industry (electricity, gas, trade, regulation)
  • EU environmental and chemicals law (especially REACH)
  • Representing interests in the context of European legislative procedures (“legal lobbying”)
Tax law

Tax law

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Tax law

Tax law is a matter which is becoming ever more complex and which plays a significant role in almost all legal advice to a greater or lesser extent. Transactions relating to corporate law in particular always have to be considered from the perspective of tax law and have to be assessed from this angle in order to avoid pitfalls and to ensure flexibility in future restructuring. With our expertise as specialist lawyers, we resolve and structure specific tax law issues, thus complementing our competence in all areas of commercial law.

Contact Dr. Sebastian Krieg

Our core areas are as follows:

  • Tax structuring and contract drafting for corporate and real estate transactions (M&A)
  • Restructuring corporate groups whilst taking international tax law into consideration
  • Advice on on-going tax issues (in particular on procedural law and individual tax laws)
  • Tax structuring in connection with property succession (tax law relating to inheritance and gifts)
  • Representing clients in disputes with the tax authorities (including litigation before the tax courts)
  • Representing interests at the interface between civil and tax law (including consultants’ liability)
  • Law relating to fiscal offences including compiling voluntary self-disclosure notices exempting the taxpayer from punishment

Your contact Person

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.

Contact Kai Graf v. der Recke, LL.M. (Boston)

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
  • 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.)