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.
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.
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.
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.
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.
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.