Complex Disputes

Whether performance bonds or down payment bonds, we know the pitfalls in the enforcement and defence of bank guarantee claims in connection with international contracts and help companies and banks succeed in and out of court. Our experts also advise on interim relief proceedings and assist our clients when complex guarantee issues need to be resolved quickly.

Our lawyers specialise in resolving complex financial disputes and provide integrated advice that comprises litigation as well as arbitration. We understand the unique challenges of the financial sector and provide tailor-made solutions to legal challenges, in particular in the event that claims are made in collective proceedings, including proceedings under the German Capital Markets Model Case Act (KapMuG), in connection with faulty investment advice or brokerage, faulty asset management, errors in prospectuses, credit and credit security law through to complex disputes in connection with swap and derivatives transactions. In addition, we also advise on measures of compulsory execution.

Our lawyers have in-depth knowledge of competition law and contribute their expertise in damages proceedings, whether in court or before an arbitration tribunal. We work closely with our clients to assess the impact of antitrust violations and develop legal strategies aimed at effectively limiting the damage. With a clear focus on transparency, efficiency and results-orientation, we defend our clients’ interests, drawing on a network of experienced experts.

We provide individual strategies to protect our clients’ business interests, regardless of whether they are involved in contractual disputes or dealing with product liability or competition issues. Our lawyers have mastered the art of negotiation and rely on arbitration as an effective way to achieve optimal results. Understanding our clients’ products and services and how they operate is the key to success. Of course, we can also advise our clients preventively on how to avoid disputes and, in the event of a crisis, help them find communications consultants (“litigation PR”).

Compliance is crucial in today’s business environment. Adherence to the law and to internal company policies is not only indispensable for smooth business operations: it is also a central issue when it comes to handling disputes. We focus on identifying and minimising the legal risks that may arise from non-compliance. In addition, our expertise also extends to helping companies investigate and enforce claims against their executive bodies where there may have been a breach of duties of care. In such cases, we work closely with our colleagues specialising in white-collar criminal law.

We assist our clients throughout the process, from initial risk assessment to the development of compliance strategies to representation in disputes, in and out of court. Our goal is to safeguard the company’s integrity while simultaneously protecting our clients’ rights and interests.

Whether there has been a breach of contract or delay in construction or other matter, we protect and defend the interests of construction firms, contractors and subcontractors. Our lawyers provide effective solutions in court as well as in arbitration proceedings. To this end, they draw on their many years of experience as party representatives and arbitrators (for example, in large construction, infrastructure and offshore wind park projects) and work closely with our real estate lawyers.

In the field of arbitration, we can help you select the appropriate dispute mechanisms – for example, multi-level escalation clauses or use of dispute boards – for each contractual constellation already in the contract initiation phase.

We have special expertise in corporate and post-M&A disputes. For example, we advise a large number of clients on actions for annulment or avoidance of shareholder resolutions or resolutions of the general meeting. In addition, we also represent clients in legal proceedings to determine the compensation payable to minority shareholders and provide advice on disputes between joint venture partners, shareholder disputes, directors’ liability issues and disputes arising in connection with mergers and acquisitions.

A significant portion of our work concerns legal disputes in the energy industry. Working with our colleagues from Luther’s Energy practice group, we advise our clients on all legal disputes, regardless of whether they relate to renewable or traditional energy sources or regulatory issues. As advisors to numerous leading German and foreign energy suppliers, we know exactly what matters and can be relied upon to stand by our clients’ side when disputes arise. 

Climate change has led to an increase in civil litigation, with companies acting both as claimants and as defendants. Our law firm specialises in representing companies in complex disputes that arise from risks related to climate change, from violation of environmental legislation or emission problems. We understand the specific challenges faced by companies in such disputes and provide tailor-made solutions to defend and protect their interests.

At a time when environmental and climate issues become increasingly more important from a legal perspective, we offer our clients comprehensive expertise and representation with regard to all aspects of civil climate change disputes.

In the area of mass litigation, we effectively manage large group actions, class actions and also large numbers of individual actions, offering legal solutions that are convincing in terms of both content and procedure. Having already represented banks, fund management companies and DAX companies, we are experienced in structuring mass proceedings with up to 25,000 individual actions efficiently and in a strategically successful manner. Furthermore, with offices in multiple locations, we are in a position to quickly appear in court and represent our clients’ interests.

One of our core competencies in the area of complex disputes is representing clients in investment arbitration proceedings. We have been active in this field for more than 15 years now, advising both countries and investors, and know perfectly well how to handle even highly political proceedings (such as the arbitration against the Federal Republic of Germany due to the nuclear phase-out).