Litigation

We advise and support our clients in handling disputes of any kind and scope. We have many years of experience and expertise in this field. One focus of our law firm’s activities is extrajudicial representation of our clients. Our litigation experts in this field closely collaborate with our other Practice Groups, e.g. “Commercial”, “Mergers & Acquisitions”, “Competition” and “French Desk”, enabling us to conduct proceedings quickly and efficiently.

We represent our clients both out of court and before litigation and arbitration courts. Moreover, we also act as arbitrators in legal disputes. We conduct legal disputes in English or French when necessary. Two of our lawyers are even licensed to represent before French governmental courts.

The support we offer our clients begins well before the start of legal proceedings in order to avoid risks and increase chances. At this early stage, we advise on the main strategic courses of action and develop the right strategy with our client. Together, we prepare the legal dispute and gather the relevant facts. After analyzing the case from all angles, we then provide our client with a candid risk assessment and a realistic likelihood of success.

We do our very best always to find a commercially worthwhile and down-to-earth solution on behalf of our clients. Our first approach is to offer constructive solutions for reaching an out-of-court settlement. If litigation becomes unavoidable, however, we then represent our clients’ interests forcefully. We assert our clients’ claims and fend off claims against our clients. 

Our areas of work include:

General litigation

  • Reviewing the facts of the case
  • Legal analysis of the facts of the case
  • Assessing success prospects
  • Risk analysis (costs and risks of litigation)
  • Advice on strategy
  • Out-of-court conflict settlement
  • Developing contractual dispute settlement regulations
  • Representing legal disputes before first instance courts
  • Conducting appeal proceedings
  • Judgment enforcement and execution
  • Securing our clients’ rights through interim legal protection proceedings (attachment proceedings and temporary injunction)
  • Proceedings for the preservation of evidence

 

Labor law disputes

Arbitration procedures

  • Representing in arbitration proceedings
  • Drafting arbitration clauses
  • Enforcing arbitral awards
  • Serving as official arbitrator
  • Assisting clients in selecting an arbitrator 

Contract litigation

  • Contractual enforcement claims, e.g. purchase price payment, compensation payments
  • Claim enforcement and rebuttal due to violations of contracts, e.g. rebuttal and assertion of claims for damages as well as claims under guarantee, warranty claims and injunctive reliefs 
  • Legally secure drafting and review of contracts in terms of legal enforceability and risk minimization
  • Formulating venue and choice-of-law clauses

Corporate litigation

  • Legal disputes resulting from company acquisitions or sales, especially due to violations of guarantee and warranty regulations 
  • D&O liability law suits: rebuttal of damage claims against managing directors / the management / members of the supervisory board
  • Employment contract disputes with managers
  • Dismissal of company boards
  • Claim assertion against the D&O insurer
  • Annulment actions against resolutions of shareholders’ meetings 
  • Disputes in connection with the resignation and exclusion of shareholders (redemption of shares, enforcement of settlement claims, disputes in connection with the assessment of shares, claims against exclusion of a shareholder)
  • Internal shareholder disputes
  • Shareholder rights enforcement

 Commercial law disputes

  • Disputes in connection with commercial representative law
  • Commercial transaction disputes
  • Assertion or rebuttal of warranty rights from commercial transactions
  • Sales law disputes

Insolvency law disputes

  • Conducting creditor lawsuits and insolvency proceedings
  • Claim registration
  • Enforcement of preferential rights and rights of recovery 

Product liability

  • Rebuttal and assertion of product liability claims