Comment: A leading practice for corporate litigation which has recently benefited on a number of occasions from being called into companies in crisis situations by the executive or supervisory board to act as advisor, having had no prior involvement in the matter at hand. This is precisely what happened several years ago at Deutsche Bank and the firm’s advisory capacity has grown extensively ever since; the firm is currently looking into the liability of former executives on behalf of Sal. Oppenheim. Linklaters was instructed alongside Hengeler in the settlement with Schickedanz. The firm is also heavily involved in dealing with the aftermath of dividend stripping (“cum-ex”) cases, where advice on compliance and D&O liability often goes hand in hand. The fact that Linklaters is also in demand in the tricky sphere of stock corporation law was recently evidenced in advice concerning the critical Ströer AGM. In this regard, it is edging closer and closer to competitors Freshfields and Hengeler, who however are more established in stock corporation disputes.
Strengths: Close cooperation between the litigators and corporate lawyers as well as good integration with specialist fields (e.g. banking); strong stock corporation law practice and excellent contacts to courts.
Recommended: Dr. Hans-Ulrich Wilsing, Dr. Rupert Bellinghausen, Dr. Ralph Wollburg, Staffan Illert.
Practice: D&O liability claims for supervisory or executive boards, esp. ?compliance and internal investigations, no litigation on behalf of former executives; also disputes between shareholders; ?commercial litigation and liability, ?corporate, ?M&A; disputes related to stock corporation law (legal challenges, approval proceedings and shareholder disputes). Clients are predominantly listed companies, some DAX companies. (Corporate: 25 partners, 6 counsel, 97 associates, 3 of counsel; dispute resolution: 7 partners, 26 associates)
Clients: ?? Public knowledge: Deutsche Bank in 2016 AGM and subsequent lawsuits, e.g. concerning special audit; Ströer on critical AGM and subsequent lawsuits; Vodafone/Kabel Deutschland Holding on AGM and special audit; Sal. Oppenheim against former executives concerning real estate transactions at Arcandor and in settlement with M. Schickedanz and various existing shareholders; McKesson in stock corporation lawsuit concerning equity capital as well as objection proceedings, legal challenges and approval proceedings.
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