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CHSH Cerha Hempel Spiegelfeld Hlawati

PARKRING 2, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 51 43 50
Fax:
Fax +43 1 514 35 35
Email:
Web:
www.chsh.com

Mag Heinrich Foglar-Deinhardstein

Tel:
Work +43 1 514 35 541
Email:
Web:
www.chsh.com
CHSH Cerha Hempel Spiegelfeld Hlawati

Work Department

Corporate & Commercial

Position

Partner
Areas of practice:
Corporate Law, Insolvency & Restructuring, Mergers & Acquisitions, Corporate Reorganisations, Cross Border-Mergers, D&O Liability, Squeeze-outs, Foundations, Law of Succession, Brazilian Clients

Career

Admitted 2009, (Attorney at Law), Austria

Heinrich Foglar-Deinhhardstein is a key partner in the firm’s Corporate practice. He was appointed partner in 2013 and focuses on corporate reorganisations, cross-border transactions and on private clients and Trust Law.

He is actively involved in solving various forms of disputes and reorganisations within trusts and private clients and is frequently working for Austrian family businesses, private foundations and family trusts in particular with view to their matters under Austrian corporate law, takeover law and law of succession.

Languages

German, English

Member

UNION Viennese Society of Attorneys-at-Law; Young Industry (platform within the Federation of the Austrian Industry for young economic operators from industry and related sectors); International Bar Association; ReTurn (independent authority center for restructuring, reorganizations and turnarounds); Turnaround Management Association; Austrian Corporate Law Society - Advisory Board; Austrian-Brazilian Association of Commerce - Associação de Comércio Austro-Brasileira

Education

King's College London (LL.M. 2005), University of Vienna (Mag. iur. 2002)


Austria

Commercial, corporate and M&A

Within: Commercial, corporate and M&A

The 'responsive, professional and well-connected' team at CHSH Cerha Hempel Spiegelfeld Hlawati has a strong profile for cross-border M&A, reorganisations and restructurings and has handled an increasing amount of corporate work for family offices. 'Quick, polite and creative' co-head Clemens Hasenauer advised General Electric on the sale of its distributed power business to Advent International, and assisted Fosun Industrial with the takeover of the textile group Wolford, and 'excellent negotiator' and 'very experienced, hardworking and extremely smart' co-head Albert Birkner, who 'always thinks two steps ahead, preventing potential problems', advised disposal and recycling company Saubermacher on setting up the joint venture Pink Robin with French company Veolia Environnement. Heinrich Foglar-Deinhardstein heads the Brazilian desk. Counsel Sarah Wared joined Wolf Theiss Rechtsanwalte GmbH & CoKG as a partner in September 2018, while Lorenz Pracht was promoted to the partnership in January 2019.

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Insolvency and corporate recovery

Within: Insolvency and corporate recovery

In cooperation with the firm’s corporate, finance and litigation departments, the ‘very responsive’ team at CHSH Cerha Hempel Spiegelfeld Hlawati provides ‘to-the-point and hands-on’ advice to creditors and shareholders on insolvency law, including pre-insolvency debt collection and insolvency proceedings. Other areas of expertise include corporate structure and debt reorganisations, as well as distressed M&A. The ‘always friendly and speedy’ department head Thomas Trettnak ‘is a pleasure to work with’; he and Heinrich Foglar-Deinhardstein advised CNH over the course of the insolvency proceedings of goods supplier Fahrzeug- u. Maschinenbau-Prototypen.

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Legal Developments in Austria

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  • "BLACK FRIDAY" - NOW FREELY USABLE FOR PROMOTIONS IN AUSTRIA

    Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for " BLACK FRIDAY " was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive " Black Friday-Cooperation Program " was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark " BLACK FRIDAY " is not protected in Austria .
    - Dorda
  • AUSTRIA: ANONYMISATION ACCEPTED AS VALID DATA DELETION METHOD

    On 5th December 2018, the Austrian data protection authority ( Datenschutzbehörde , "DSB") issued a decision (DSB-D123.270/0009-DSB/2018) on data subject's right to data deletion according to Art 17 GDPR. In a nutshell, the DSB accepted consistent anonymisation as a valid alternative to physical and technical deletion. Beside the clear statement that anonymous data is not subject to the GDPR, the DSB provided detailed information on (technical) requirements of anonymisation methods:
    - Dorda
  • Consent or pay – a valid scheme under the GDPR?

    Media companies throughout Europe struggle with a difficult economic environment: Shrinking sales figures for print products, the digitalisation and consumer demand force publishers to offer their content also on the internet. However, generating money for online publications is not quite easy as – at least in Austria – online subscription against renumeration has not been well accepted by customers. This partially has its root in the lack of suitable micropayment means in the past and users thus getting acquainted to online information being offered for free. Thus, publishers have instead focused on financing their platforms by online marketing activities such as placement of banners. Nowadays such digital advertisement is usually targeted to the specific user. For this purpose, cookies are stored on the user's computer upon his first visit of the website, which then collect data about his location, technical equipment used and online behaviour. This finally allows to display specific, user targeted advertisements. However, such cookies may cause issues with applicable consent requirements under the telecommunication and data protection regulations:
    - Dorda
  • fwp expands know-how thanks to new junior partner

    Vienna, March 2019. Fellner Wratzfeld & Partner GmbH (fwp) adds valuable competence and expertise to the team by welcoming Pavel Bachleda in its midst as a new attorney-at-law and junior partner.
  • fwp helps find a new mega arena location

    fwp helps find a new mega arena location
  • AUSTRIAN DATA PROTECTION AUTHORITY ISSUED THE "BLACK LIST"

    Processing operations subject to the requirement of a data protection impact assessment.
    - Dorda
  • Rien ne va plus!

     
    - Dorda
  • DORDA advises on the acquisition of Austrian office properties Denk Drei

    Stefan Artner , Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH ( ARE , a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development . The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.
    - Dorda
  • Austrian "White List"

    Exceptions from the OBLIGATION TO CARRY OUT A data protection impact assessment
    - Dorda
  • Stop! Wait! Move! – No longer Stamp Duty for Residential Homes

    On 12 October 2017, right in a last minute attempt to win undecided voters for one of the political parties, the leaving members of parliament enacted a new tax law. While fundamental changes to the Austrian Tenancy Law had been vividly discussed between the socialist and the conservative parties in recent years, the new law on the abolition of stamp duty falls completely short of what could have been achieved.
    - Dorda