Litigation

Think strategically. Act tactically. Operate efficiently. Enforce the law.

Litigation

Our range of advisory services

  1. Corporate Litigation
  2. Litigation in the field of capital markets law
  3. Commercial Litigation
  4. Arbitration
  5. Litigation in the field of antitrust law
  6. Antitrust complaint & objection proceedings

For further information about our Litigation practice Dr Alexander Retsch is at your disposal at any time.

 

Corporate Litigation

Our corporate litigation practice focuses on (imminent) disputes under corporate law. In addition to classic litigation, we also advise in the preliminary stages of disputes in connection with dispute prevention and dispute resolution. The preparation of a (arbitration) court dispute and the subsequent legal enforcement / execution are as much part of our portfolio as the enforcement and defense of measures in interim legal protection proceedings. In doing so, we advise not only companies, but also their board members and shareholders.

Our particular focus in corporate litigation includes shareholder disputes, the assertion and defense of directors' and officers' liability claims, as well as rescission, release, and award proceedings under stock corporation law. The careful analysis of opportunities and risks in the context of corporate decisions in the pursuit of claims is also an essential part of our consulting practice.

Due to our M&A expertise, we are also ideally equipped to handle transaction-related disputes and not only regularly litigate complex post M&A cases before state courts and arbitral tribunals, but also act as arbitrators.

Selected matters on which we advised

  • Regular advice to listed stock corporations or their board members in connection with (threatened) board liability disputes (in particular also preparation of business judgment opinions)
  • Advising a DAX company in connection with a post-M&A dispute
  • Legal advice and litigation for a major nationwide operating holding company Advising a bank organized as a joint stock company in the context of a dispute with shareholders on the valuation of shares
  • Advising and litigating for a major charitable foundation in the contentious dispute of a joint venture
  • Legal advice and court representation of a special service provider and project Advising and representing in court a special service provider and project sponsor in the field of gas exploration in the context of a dispute of a consortium
  • Conducting arbitration proceedings in connection with indemnification claims arising from a company purchase agreement
  • Arbitration, in particular in the context of post M&A disputes
  • Advice and (extra-)judicial representation of shareholders and managing directors in shareholder disputes

Litigation in the field of capital markets law

The focus of our capital markets litigation is the (preparation of) defense against claims for damages under capital markets law, including assistance in capital investor test cases (KapMuG proceedings). These are often litigation-financed mass proceedings with cross-border implications.

We have many years of experience in complex and extensive investor disputes. In addition to the classic disputes regarding omitted or incorrect ad hoc announcements, prospectus liability and incorrect regular reporting, our range of advice also includes ESG litigation, e.g. due to ESG activism or "greenwashing", as well as disputes in connection with short selling attacks. In high-profile cases, we also provide litigation PR support.

In addition, GLADE MICHEL WIRTZ also represents and advises clients in connection with BaFin fine proceedings. The subject of our mandate is primarily the defense against allegations of a violation of the Market Abuse Regulation (in connection with ad hoc publicity, managers' transactions or the keeping of insider lists). In addition, we are active in all other (imminent) disputes in the context of capital market law, for example also in connection with prospectus law, voting rights announcements and public takeovers.

Selected matters on which we advised

  • Mercedes-Benz Group AG on the defense against investor claims in connection with diesel exhaust emissions as well as in the context of KapMuG proceedings
  • Advising a capital management company on the out-of-court enforcement of claims for damages under capital markets law
  • Mercedes-Benz Group AG on the defense of investor claims in connection with the resignation of Prof. Dr. Schrempp as Chairman of the Board of Management
  • IVG AG in the defense of investor claims in connection with various real estate funds
  • Regular representation of DAX companies in connection with BaFin fine proceedings
  • Regular advice to listed stock corporations in connection with impending investor disputes (in particular also expert opinion and forensic processing of the facts)
 

Commercial Litigation

GLADE MICHEL WIRTZ regularly represents parties in court and arbitration disputes, the core of complex civil law issues.

The legal disputes involved are as diverse as the business world itself. In addition to the actual representation in court, ranging from the enforcement and defense of claims in preliminary legal protection to the implementation of enforcement measures, we also offer comprehensive advice in the preliminary stages of a civil law dispute. This includes both the achievement of an agreeable solution as well as the (second) assessment of the prospects of success of a legal dispute or an appeal to be filed.

Selected matters on which we advised

  • Legal representation of a leading European drugstore chain in a dispute with a company for organically produced foodstuffs
  • Legal representation of a nationwide project developer in a dispute concerning the operation of a central accommodation facility for refugees
  • Out-of-court enforcement of claims against a legal protection insurer in connection with BaFin proceedings for breach of disclosure obligations

Arbitration

In many disputes, arbitration proceedings offer a genuine alternative to a dispute before the state courts. This is the case, in particular, if the dispute between the parties is to be kept strictly confidential.

In many disputes, arbitration proceedings represent a genuine alternative to litigation before state courts. This is particularly the case if the dispute between the parties is to be treated in strict confidence.

In addition, arbitration proceedings can lead to a quick final decision, because appeals against an arbitral award are limited.

The firm regularly represents parties in the run-up to or in arbitration proceedings. In addition, we also act as arbitrators and have participated in a large number of arbitral awards, in particular in post-M&A disputes conducted before arbitral tribunals.

 

Litigation in the field of antitrust law

GLADE MICHEL WIRTZ represents its clients in civil antitrust disputes.

This includes out-of-court and in-court representation in asserting and defending antitrust damage claims as well as in the context of enforcing rights against market-dominant companies, e.g., due to supply or access claims or in enforcing standard-essential patents.

In the area of defense and assertion of antitrust damage claims, we are active, for example, in the antitrust cases "Railway Technology", "Beer", "Flour", "Sausage", "Drugstore Articles", "Sanitary Articles", "Heavy Plates", "Aluminum Forging", "Building Equipment Suppliers", "Stainless Steel" (all Federal Cartel Office), "Plastic Packaging", "Air Cargo" or "Gas Insulated Switchgear" (European Commission).

In addition to defending and asserting e.g. supply or access claims, mandates in the context of market-dominating positions also concern the accompaniment of license negotiations as well as arbitration or civil court proceedings for the enforcement of standard-essential patents. Our clients in this area include Thales, LG Electronics, ASUS Computer, Canon, Epson, Gilead, Medion, Samsung Electronics and Xerox.

 

Antitrust complaint & objection proceedings

In administrative and appeal proceedings, GLADE MICHEL WIRTZ is active before the German and European courts in connection with the challenge of decisions of the European Commission and the German Federal Cartel Office. The subject matter of the proceedings are, for example, cartel fine decisions, merger control clearance or prohibition decisions as well as other administrative decisions such as cease-and-desist orders.

For our client HDI-Gerling (Talanx AG), for example, we were the only firm to obtain an acquittal before the Federal Supreme Court in the industrial insurance cartel proceedings brought by the Federal Cartel Office against some of the largest German insurance companies.

The verdict opened up a legal loophole in the area of liability for fines in the case of universal succession (leading decision "Insurance Merger"). The legislator addressed this in the 8th GWB amendment.

Selected matters on which we advised

  • Silver Plastics: Challenge of a fine decision by the European Commission before the European Court of Justice
  • Deutsche Telekom before the Düsseldorf Higher Regional Court and the Federal Court of Justice against the merger of Unitymedia and Kabel BW
  • Challenge of the European Commission's clearance decision on the acquisition of Unitymedia by Vodafone before the European Court on behalf of Deutsche Telekom
  • IDW (Institut der Wirtschaftsprüfer in Deutschland e.V.) before the Düsseldorf Higher Regional Court on the challenge to the Federal Cartel Office's decision on "Versicherungsstelle Wiesbaden"
  • HDI-Gerling before the Düsseldorf Higher Regional Court and the Federal Court of Justice on the "insurer merger" lead decision
  • Major mineral oil group before the Düsseldorf Higher Regional Court on Tank & Rast freeway service station supply