EXPERTISE

Contracts and commercial disputes

We advise national and international companies on all contentious issues of contract and commercial law. In addition to national German law, we are well versed in the intricacies of the UN Sales Convention (CISG) as well as other common commercial rules and regulations, such as Incoterms. Our services include, in particular:

• Assertion of and defence against contractual claims for damages
• Conduct of and guidance during litigation in connection with supply agreements

Corporate law disputes

We advise companies, shareholders as well as executive bodies and their members on contentious issues under corporate law. We assist in the assertion of shareholders’ and partners’ rights and advise on complex shareholder disputes. Our services cover:

• Conduct of and guidance of proceedings between shareholders
• Initiation of measures of interim relief and the defence against any such measures
• Shareholder actions for an annulment of decisions taken in a general meeting
• Judicial review proceedings to determine the adequacy of compensation offered to minority shareholders (Spruchverfahren)
• Representation of executive bodies and their members in cases of dismissal or liability

Post M&A disputes

Disputes arising from M&A transactions form a particular focus area of our expertise. Often these are arbitration proceedings after an acquisition. We therefore regularly address the following topics:

• Breach of disclosure duties
• Breach of warranties or guarantee commitments
• Price adjustment clauses
• Indemnity clauses
• Assistance during upstream expert proceedings

Management and professional liability cases, including aspects under insurance law

We are experienced in the handling of cases involving D&O liability as well as the liability of advisory professions, including the associated insurance-related questions. Our service spectrum primarily covers the following areas:

• Liability of directors and officers
• Professional liability of chartered accountants, tax advisers and lawyers
• Settlement of loss and liability cases under insurance law
• Disputes regarding insurance coverage relating to D&O and other types of third-party financial loss insurance
• Insolvency-related disputes

Banking and capital market law disputes and test cases

Our banking and capital market law expertise covers in particular:

• Representation of banks and companies in capital investment liability cases
• Management of class actions and test cases (for example under the German Capital Markets Test Case Act (KapMuG))
• Investor claims under capital market law