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Cerha Hempel

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

Dr Clemens Hasenauer

Tel:
Work +43/1/514 35-321
Email:
Web:
www.chsh.com
Cerha Hempel

Work Department

Corporate Transactions.

Position

Managing Partner
Head of Department Corporate Transactions
Areas of practice:
M&A, Banking & Finance, Capital Markets, Takeover Law, Corporate, Restructurings

Career

Admitted, (Attorney at Law), Austria
Admitted
, (Solicitor),  England and Wales
Admitted,
(Attorney at Law), New York
Positions:

  • Lecturer in Mergers & Acquisitions at the Master of Business Law (MBL) Corporate Law program at the Vienna University of Economics and Business (Wirtschaftsuniversität Wien)
  • Lecturer at the Master of Laws (LL.M.) program for Contract Law and Contract Drafting at the Danube University Krems
  • Member of the board of examiners for the judicial office examination in Vienna
  • Lecturer at the Austrian Lawyers Academy (Anwaltsakademie)
Managing Partner and Head of Department Corporate Transactions.
Clemens specialises in mergers and acquisitions, takeover law, banking and
finance, reorganisations and restructurings. His broad experience includes numerous complex public and private M&A transactions, and he is particularly renowned for structuring large international joint ventures and public takeovers. In past years Clemens regularly advised on Austria’s most prominent sales processes.

Languages

German, English.

Member

Council of the Vienna Bar; The Law Society; American Bar Association; New York State Bar Association; International Bar Association; UIA (International Association of Lawyers)

Education

Vienna University of Economics and Business, WU Executive Academy (MBA, 2017); New York University School of Law (LL.M. 1997), Fulbright Scholar; University of Vienna (Mag.iur. 1994, Dr.iur. 1996); Faculté de droit, Paris V - Université Paris Descartes (1992/93)


Austria

Capital markets

Within: Capital markets

Working in close co-operation with its banking and corporate finance teams, Cerha Hempel routinely assists Austrian real estate holding companies with capital market transactions but also acts for several other Austrian-listed companies, banks and investment firms. In recent highlights, Thomas Zivny and Volker Glas advised Buwog on its €300m rights offering, while Glas also handled S Immo's issuance of two fixed-coupon bonds totalling €150m, and assisted Voestalpine with the set-up of a base prospectus for a €1bn bond issuance programme and an inaugural issuance of €500m 1.375% senior notes. The group, which also includes Edith Hlawati, Clemens Hasenauer and 'go-to lawyer for regulatory matters' Peter Knobl, also handles delistings.

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Commercial, corporate and M&A

Within: Leading individuals

Clemens Hasenauer - Cerha Hempel

Within: Commercial, corporate and M&A

The 'responsive, professional and well-connected' team at Cerha Hempel 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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Projects and energy

Within: Projects and energy

Cerha Hempel frequently draws on the expertise of its finance, corporate, M&A, public procurement and real estate teams to advise on energy, infrastructure and electronic tolling projects. Georg Konrad and Johannes Aehrenthal are assisting Vienna International Airport with various infrastructure projects, and Clemens Hasenauer provides regular advice to the Central European Gas Hub on various regulatory and energy law matters. Thomas Trettnak is another key member of the team.

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Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • THE NATIONAL REGULATION ON THE SECURITY OF "NIS" IN AUSTRIA SHOULD BE OF INTEREST TO YOU

    Good things come to those who wait? Finally, the main implementing regulation for the Austrian Law on Network and Information System Security ( Netz- und Informationssystemsicherheitsgesetz , " NISG ") was published last week. It serves primarily to define which companies are actually affected by the NISG. Now it is getting serious for the operators of " essential services ". What does that mean?
    - Dorda
  • "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