Comment: One of the leading firms in corporate litigation which is currently occupied with capital market disputes and D&O liability. Hengeler has built up a fair amount of expertise in complex capital market suits thanks to its involvement in a number of cases in recent years, e.g. in accompanying Morgan Stanley Real Estate. HM can put its specialist knowledge of the Capital Markets Test Case Act to good use in the particularly comprehensive Porsche instruction. Hengeler’s work for this client shifted up a gear recently, with the firm also representing the European Company in matters pertaining to the VW diesel scandal. The team built up around Frankfurt partner Meier, which is currently working with an unusually high amount of leverage for the firm, was primarily active in these kinds of cases. Alongside such highlights, Hengeler is able to build on a broad corporate practice, similar to Freshfields, which now and then also gives rise to litigious matters. This concerns not only D&O liability but also traditional capital market topics. For instance, Hengeler assisted in legal challenges and challenges against board resolutions for Metro against the AGM decision in favor of the planned division of the corporation.
Strengths: Strong stock corporation law and capital markets practice with contacts to blue-chip clients.
Recommended: Dr. Markus Meier, Dr. Carsten van de Sande, Dr. Philipp Hanfland, Dr. Andreas Austmann, Dr. Viola Sailer-Coceani, Dr. Stefan Richter, John Flüh, Prof. Dr. Michael Hoffmann-Becking.
Practice: Frequently hired by supervisory or management boards via the corporate practice; also other shareholders with significant share packages (PE houses); family branches. Highly renowned practice for ?commercial litigation and liability. (Corporate: 52 partners, 101 associates; dispute resolution: core team: 10 partners, 3 counsel)
Clients: ?? Sarasin Bank on dealing with the aftermath of dividend stripping (“cum-ex”) trades, incl. defense against investor insurance compensation claims in arbitration proceedings in accordance with Dutch law; Deutsche Bank in claims concerning takeover bid for Postbank and in litigation under the Capital Markets Test Case Act with regard to prospectus liability on the part of Deutsche Telekom; Porsche SE incl. in defense against attempted VW takeover, in proceedings concerning VW diesel scandal and in legal challenges against AGM resolutions; Morgan Stanley Real Estate in proceedings under the Capital Markets Test Case Act on prospectus liability concerning “P2 Value”; Nordcapital Treuhand on defense against investor claims with regard to investment prospectus for a closed-end ship fund.
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