Dr. Matthias Schmidt

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Dr. Matthias Schmidt, Partner

Dr. Matthias Schmidt acts as head of Practice Group Dispute Resolution. He looks back on many years of experience as litigator in state courts and arbitration tribunals. Matthias Schmidt is advising national and international clients in all matters regarding filing, assertion and defence of claims.

Dr. Matthias Schmidt in particular conducts commercial litigation. This includes court proceedings regarding damage claims, product liability claims as well as all court disputes and arbitrations proceedings arising from contracts between or with companies.

The practice of Dr Matthias Schmidt also comprises corporate litigation. He advises and represents shareholders and the companies in (shareholder) disputes. Moreover, Dr. Matthias Schmidt conducts court and out-of-court negotiations following mergers & acquisitions (post M&A litigation).

He advises managers, managing directors and supervisory board members in connection with liability issues, including claims against insurance companies connected therewith.

In addition to the handling of legal disputes his area of activity also includes the prevention of conflicts and the out-of-court dispute resolution.

Finally, Dr Matthias Schmidt has longstanding specific expertise in advising health insurance organizations, especially in disputes with the German Social Insurance Authority (Bundesversicherungsamt) and the enforcing of claims for compensation which were transferred to the health insurance according to para. 116 SGB X.

Curriculum Vitae

  • Since January 2007 FRANZ RECHTSANWÄLTE
  • 2003 - 2006 VELTEN FRANZ JAKOBY
  • 2006 Secondment at Farrer & Co. in London
  • 2001 - 2003 Hölters & Elsing (currently Orrick, Herrington & Sutcliffe LLP)
  • 1999 - 2000 Makiol, Schwerdtfeger & Partner
  • 1999 Admission to the German Bar
  • 1991 Banking officer

Law studies at Münster and Düsseldorf (Dr. iur. 2001)

Dr Matthias Schmidt is member of the following organizations:

  • DIS 40 of the German Institution of Arbitration e.V. (DIS)
  • International Association of Young Lawyers (AIJA)
  • German Bar Association
  • Joint Committee on Commercial and Corporate Law in the German Bar Association

Languages: German and English

Selected Mandates

  • Representing the vendor of a group of companies of the automotive supplying industry in arbitration proceedings which the purchaser in an amount of EUR 140 million - claims based on breach of guarantees and violation of disclosure obligations
  • Representing the vendor of a company in arbitration proceedings in an amount of EUR 2,5 million; claim for damages based on a breach of representations and warranties
  • Representing a member of a supervisory board in court proceedings - defence against liability claims
  • Representing an interim managing director in court proceedings - defence against liability claims
  • Representing a retired shareholder in court proceedings – judicial assertion and enforcement of the corporate claim for compensation
  • Representing companies in court proceedings – defence against shareholder’s actions for rescission and cancellation of contested shareholders‘ resolutions
  • Representing the vendor of a company in arbitration proceedings against the co-vendor
  • Legal assertion and enforcement of a damage claim of a potential buyer in connection with an M&A transaction
  • Legal assertion and enforcement of the claim for payment of a leading manufacturer
  • Defence of the former parent company against claims raised by an insolvency administrator of its former subsidiary
  • Legal assertion and enforcement of a claim for compensation
  • Representing a Swiss manufacturer in German court proceedings - defence against product liability claims
  • Representing a French company in court proceedings – defence against claims raised by an insolvency administrator (rescission under insolvency law, claims based on corporate law)

Selected Publications 

  • “Anti-trust law applying for Statutory Health Insurance – Risk for Legal Certainty” in: Die Krankenversicherung (Erich Schmidt Verlag), 
    booklet 11+12/2012, page 316 et seq. 
    (in cooperation with Axel Staudt, Dr. Malte Welters)
  • “Legal recourse for revocatory actions under insolvency law against social insurance agencies” in: Die Krankenversicherung (Erich Schmidt Verlag), booklet 07+08/2011, page 230 et seq. 
    (in cooperation with Dr. Stefan Sundermann)
  • “Misuse of insurance card: civil procedure or section 50 Social Security Code X (SGB X)” in: Die Krankenversicherung (Erich Schmidt Verlag), booklet 05/2011, page 149 et seqq. (in cooperation with Dr. Stefan Sundermann)
  • “The special status proceeding pursuant to Sections 96 para. 2, 97 subseq. Companies Act (AktG) - a pitfall in company law?” in: DB 2009, page 551 et seqq. (in cooperation with Dr. André Kowalski)
  • “Managing Director of a GmbH” (written course), Euroforum, 7th edition 2008
  • “Does an Increase in Stock or Share Capital Jeopardize Claims to Dividend-Related Profit Sharing?” in: Der Betrieb 2005, p. 1518 et seqq. [jointly with Dr. Sascha Grosjean]
  • “Reorganization and Capitalization of a Stock Corporation - Fiduciary Duty of Shareholders and the Duty of Cooperation” [jointly with Dr. Christian Franz] in: Venture Capital Magazin 2004
  • “Consumer Protection and Laws of Guarantee - Applicability of German and European Provisions of Consumer Credit Law and the Act Against Door-to-Door-Dealings”, Düsseldorfer Rechtswissenschaftliche Schriften - Band 23, NOMOS-Verlag Baden-Baden 2003

“Individual Information Rights of Corporate Executive Board Members” (jointly with Dr. Siegfried H. Elsing) in: Betriebsberater 2002, booklet 34, page 1705 et seqq.