A&O Shearman's powerful dispute resolution practice acts in domestic and cross-border banking and finance disputes, including civil disputes concerning cum-cum transactions as well as disputes related to EU sanctions. The team is led by Wolf Bussian and represents a number of banks, asset managers, insurance companies and funds both in and out of court. In addition to disputes relating to complex financial products and tax-motivated investments and transactions, the team is also well versed in contentious M&A issues and internal investigations pertaining to compliance violations. Here, Jan Erik Windthorst is the key contact, while counsel Anja Schelling has particular expertise in mass proceedings and class actions.
Financial services: litigation in Germany
A&O Shearman
Praxisleiter:
Wolf Bussian
Weitere Kernanwälte:
Jan Erik Windthorst; Anja Schelling; Marc Zimmerling
Kernmandanten
Deutsche Bank AG
Aloys Wobben Foundation (AWS)
Highlight-Mandate
- Defending a commercial bank against claims arising from the tax revaluation of securities loans (cum-cum transactions).
- Representing an international auditing firm in damages claim proceedings arising from the conduct of annual and consolidated financial statement audits at a globally active payment services company.
Hengeler Mueller
Hengeler Mueller is regularly instructed by international banks, finance and investment houses to assist with complex, often cross-border financial disputes. The team acts in damages claims on defendant side, tax liability matters related to cum-ex transactions and capital market disputes. Maximilian Bülau is the key contact in these areas as well as in contract and corporate disputes, while Carsten van de Sande specialises in banking and financial services litigation as well as in post-M&A disputes and contentious technology issues.
Weitere Kernanwälte:
Maximilian Bülau; Carsten van de Sande
Linklaters
Linklaters‘ practice, which is a renowned address for disputes in the financial services sector, is present across the entire spectrum of national and cross-border financial disputes. Headed by Julia Grothaus since February 2024, the team is regularly called upon by credit institutions, investment banks and service providers to especially assist with banking and capital market disputes, including the defense against damages claims and cum-ex disputes; Christian Schmitt is the key contact for these areas.
Praxisleiter:
Julia Grothaus
Weitere Kernanwälte:
Christian Schmitt
Referenzen
‘Very focused, concentrate on the really difficult and important issues. Comprehensive advice. Pragmatic, business and solution-oriented.’
‘Christian Schmitt combines legal expertise with knowledge and experience of processes as well as economic conditions in the financial sector. This makes him a valuable advisor for complex issues.’
‘Linklaters’ advice is targeted and solution-oriented. In addition to excellent legal expertise on issues relevant to a financial services provider, the practice has very good expertise in the processes of financial service providers.’
Gleiss Lutz
Gleiss Lutz primarily represents banks and financial services providers, including private equity firms, hedge funds, family offices and asset managers, in complex financial disputes. The team is led by Stefan Rützel and also has extensive expertise in civil claim enforcement as well as in processing and liability matters arising from cum-ex and cum-cum structures.
Praxisleiter:
Stefan Rützel
Kantenwein Zimmermann Spatscheck & Partner
Kantenwein Zimmermann Spatscheck & Partner advises both national and international financial institutions and banks on a range of financial services and capital market disputes, including bank insolvency proceedings and claim enforcement and defense. Practice head Marcus van Bevern, who is experienced in banking and capital markets law, is the key contact.
Praxisleiter:
Marcus van Bevern
Highlight-Mandate
- Advice and representation of a corporation regarding deposit insurance of time deposits in bank insolvencies and insolvency proceedings, with a dispute value in the double-digit millions.
- Advice and representation of a Japanese automotive supplier in a recourse/indemnification claim against a German group company arising from a claim by a third party for alleged infringement of license rights (dispute value $35 million).
- Advice and representation of minority shareholders following negligent detriment by the majority shareholder; representation in appeal proceedings against a squeeze-out resolution and subsequent award proceedings (dispute value approx. €55 million).
Wendelstein Rechtsanwälte PartGmbB
In addition to advising financial and credit institutions on complex, often cross-border banking, capital market and tax disputes, Wendelstein Rechtsanwälte PartGmbB is also instructed by institutional investors and companies to assist with post-M&A disputes and corporate disputes. Karl Thomas Koenen, who also specialises in securities matters, is particularly well versed in these areas. Cum-cum and cum-ex matters are another focal point for the practice and Moritz Meister in particular. Frank Fischer concentrates on financial services and corporate litigation and further handles disputes between shareholders and related to insolvency.
Praxisleiter:
Frank Fischer; Karl Thomas Koenen; Moritz Meister
Referenzen
‘Wendelstein’s litigation department has established itself among the leading litigation departments in Germany and operates on an equal footing with teams from leading international law firms. In my opinion, the team has earned a special reputation in complex disputes in the financial services sector, particularly at the interface between criminal and civil law.’
‘Frank Fischer – legally excellent, quick to react, strong communicator, assertive and reliable, strategically excellent, very well connected at home and abroad, with a deep understanding of other legal systems.’
‘Moritz Meister: strategically brilliant, readily available, very pragmatic.’
Highlight-Mandate
- Representation of a German bank in the enforcement of claims related to securities lending transactions and cum-cum transactions.
- Advising and representing a foreign investment fund and its subsidiaries on multinational post-M&A disputes.
- Advice and representation of an asset management company in the defense against alleged liability claims due to allegedly inadequate asset management.
White & Case LLP
White & Case LLP is routinely instructed by banks and listed companies to assist with capital market disputes. Alongside practice head Markus Langen, who has extensive experience in the financial services sector and across the entire spectrum of liability disputes related to financial market crises, Sonja Hoffmann advises both national and multinational clients on complex national and cross-border commercial disputes with a particular focus on financial services. Christian Wirth specialises in the banking and financial services sector as well as the insurance industry.
Praxisleiter:
Markus Langen
Weitere Kernanwälte:
Sonja Hoffmann; Christian Wirth