Comment: This highly recommended practice for litigation and arbitration is one of the most prominent advisors to the banks for internal investigations into controversial tax transactions such as dividend stripping (“cum-ex”) and tax avoidance (“cum-cum”) trades. Bussian is viewed as one of the leading experts here. A&O is better positioned to take on these kinds of matters than most competitors: through the firm’s ?tax knowledge, the litigation practice is able to draw a great deal of strength from its internal network. Among other things, the contacts of advisor liability specialist Zimmerling to D&O insurers are giving rise to advisory instructions with an eye to potential civil law disputes and liability matters. The growth in instructions was also reflected by the appointment of banking specialist Windthorst to partner. The arbitration process places its focus on complex international disputes in the energy sector, where Busse is involved in more and more investment protection proceedings. The team grew once again at associate level, however partner Dr. Benedikt Burger moved to Bird & Bird after just two years.
Strengths: Banking and finance disputes. Interdisciplinary specialty in the insurance sector.
Development potential: Despite the impressive size of its team, the arbitration practice mainly has Busse to thank for its market presence. Structures that depend less on the practice leader could help establish other partners in the long term.
Recommended: Dr. Daniel Busse (“outstanding writs, brilliant expertise”, competitor), Dr. Marc Zimmerling (esp. professional liability), Dr. Wolf Bussian (“skilled tactician in banking proceedings and internal investigations”, competitor), Jan-Erik Windthorst (“legally creative, highly professional”, “a master of proceedings”, competitors).
Practice: Focus on banking disputes, claims concerning ?debt issues and structured finance, disputes arising from acquisitions and insolvencies. Defense against actions for damages related to ?antitrust, ?patents, ?public procurement and ?compliance advice. In arbitration, esp. post-M&A, increasingly investment protection, litigation predominates. (9 partners, 5 counsel, 37 associates)
Clients: ?? National Bank of Canada as shareholder in Maple Bank insolvency; Lebanese owner of an international shipyard group in ICSID proceedings against Greece concerning dispute surrounding shipyard; Brazilian subsidiary of a Japanese financial group in proceedings restricted to documentary evidence against German company on account of warranty claims; global financial institution on in-house investigation in Germany; listed aviation and armaments group in an in-house investigation in connection with major project in the Middle East.
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