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Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG


Austria

Banking and finance
Banking and finance - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Frequently working in conjunction with the firm’s corporate department, Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG puts significant emphasis on acquisition finance, having recently advised asset management company Amundi on the acquisition of Pioneer Investments from UniCredit, while also handling regulatory and contentious work. Key individuals include Georg Diwok and Dieter Buchberger.

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Capital markets
Capital markets - ranked: tier 2

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG is ‘competent and efficient’ and has substantial expertise in public takeover law, capital markets litigation and compliance while also being noted for its ‘on-the-ground U.S. securities law capabilities’. ‘Proactive and solution-oriented’ senior associate Stefan Arnold advised Commerzbank and Bankhaus Neelmeyer, as exchange trustees, on Vonovia’s public takeover bid for conwert Immobilien Invest, while ‘very experienced’ team head Eva-Maria Ségur-Cabanac, who is praised for her ‘risk minimising approach’, continues to assist J.P. Morgan with takeover structurings, the restructuring of listed companies and capital markets transactions.

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG receives a steady flow of transactional mandates such as advising Ennoconn on the acquisition of a core shareholding in the Austrian software company S&T, and assisting Belgian manufacturer of agricultural sprayers Beyne with the acquisition of Vogel & Noot’s premium part segment after its bankruptcy. ‘Very responsive and strategic negotiatorGerhard Hermann heads the team, which also includes ‘rising starWendelin Ettmayer.

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EU and competition
EU and competition - ranked: tier 2

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG covers the full spectrum of competition law, including cartel litigation, merger control and state aid work. Team head Andreas Traugott defended the escalator and elevator manufacturer Schindler against private enforcement claims before the European Court of Justice, and represented the chemicals company Sika in merger control proceedings pertaining to its acquisition of the waterproofing system manufacturer Bitbau Dörr.

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Employment
Employment - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG provides ‘high quality customer-oriented’ advice on corporate restructurings and compliance matters including work time, immigration and collective bargaining agreements. ‘Knowledgeable’ team head Philipp Maier advised IT company Unisys on the restructuring of its Austrian business, which included works council agreements, remuneration and employment termination issues. Senior counsel Simone Liebmann-Slatin is recommended.

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Intellectual property
Intellectual property - ranked: tier 5

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG has a sweet spot for trade mark work, routinely advising on trade mark renewals, registrations and portfolio management matters as well as representing clients in trade mark enforcement proceedings. Senior associates Lukas Feiler and Martina Grama co-head the team.

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Projects and energy
Projects and energy - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Much of Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG’s work pertains to energy disputes and transactions alongside regulatory and competition law matters. The ‘experienced and diplomaticAndreas Traugott, who heads the ‘flexible’ team, advised a gas and electricity supplier on a number of Austrian and EU energy law issues. Stefan Riegler joined Wolf Theiss.

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Real estate
Real estate - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG utilises its strong retail sector know-how to advise tenants alongside investors and developers on various real estate matters including lease agreements, but also has deep urban development expertise. ‘Experienced, pragmatic and focused’ team head Stephan Größ advised Michael Kors on lease agreements and assisted Kerbler with the sale of Seeparkcampus West in Seestadt Aspern to ERSTE Immobilien.

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TMT
TMT - ranked: tier 4

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Significant areas of Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG’s expertise include advising on cloud computing, data protection and software licensing matters. Associate and team head Lukas Feiler, who is noted for his ‘very strong technical knowledge’, represented a manufacturer in the healthcare sector in global data processing agreement negotiations with a cloud service provider, while also assisting the client with data protection matters.

Next generation lawyers

Lukas Feiler - Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

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Tax
Tax - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

With a focus on cross-border work, Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG handles transaction tax, reorganisations, VAT and customs law alongside transfer pricing and tax litigation. Team head Christoph Urtz provided advice to Nokia on the post-M&A integration of Alcatel-Lucent, and assisted Porsche Immobilien with tax issues arising from real estate transactions. In other work, he advised Austrian skydiver Felix Baumgartner on advertising tax.

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Austria: Dispute resolution

Arbitration and mediation
Dispute resolution: arbitration and mediation - ranked: tier 2

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG is a regular fixture in arbitration proceedings pertaining to investor-state and post-M&A disputes as well as energy and banking sector conflicts. Filip Boras represented the Austrian investor Georg Gavrilovic and the eponymous Croatian meat processing group in an ICSID proceeding against the Republic of Croatia pertaining to ownership rights. Alexander Petsche heads the team, while former co-head Stefan Riegler joined Wolf Theiss in November 2017.

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Commercial litigation
Dispute resolution: commercial litigation - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG frequently acts in commercial, corporate and antitrust litigation. As an example for the latter, the team represented Schindler Elevator in several antitrust proceedings, in which various private and public entities brought forward damages claims for antitrust violations. Alexander Petsche heads the group; Stefan Riegler joined Wolf Theiss.

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White-collar crime (including fraud)
Dispute resolution: white-collar crime (including fraud) - ranked: tier 2

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG has ‘excellent business acumen’ and a strong profile for representing corporations, board members and directors in criminal investigations and proceedings; handling SEC disclosures, self-reporting and compliance matters constitute other key elements of the practice. Team head Georg Krakow is ‘very knowledgeable’ and ‘gives excellent advice’.

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Further information on Baker McKenzie LLP

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Asia Pacific: Regional international arbitration

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Legal Developments by:
Baker McKenzie LLP

  • The New Turkish Code of Obligations: Important Changes for Leases of Residential & Business Premises

    For decades, the primary Turkish laws governing leases of residential and business premises have been the Law on Leasing Real Property dated May 27, 1955 (the “Lease Law”) and the Turkish Code of Obligations No. 818 dated April 22, 1926 (the “Obligations Code”). Both of these laws, however, will be repealed and replaced with the new Turkish Code of Obligations No. 6098 dated January 11, 2011 (the “New Obligations Code”), which will enter into force on July 7, 2012.
    - Esin Attorney Partnership

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • 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
  • European Court of Human Rights: Employers have limited rights to monitor employee communications at

    A landmark decision was issued yesterday (Judgement Bărbulescu v. Romania), a source of debate in the media , in which the European Court of Human Rights clarified the restrictions on monitoring employees in the workplace.
  • Potential Hurdle for Acquisitions in Hungary by Non-EU and Non-EEA Investors

    The Hungarian Ministry of the Interior recently submitted a legislative proposal to the Hungarian Government to amend the Act on Hungarian National Security Services (the " Proposal "). The Proposal suggests an amendment pursuant to which investors from non-EU and non-EEA countries who wish to invest in Hungary would have to obtain prior permission from the minister responsible for national security (the " Minister .
  • EU: High-Level Expert Group on Sustainable Finance delivers early recommendations

    On 13 July 2017, the High-Level Expert Group (" HLEG ") on Sustainable Finance published its interim report (" Interim Report ") setting out concrete steps to create a financial system that supports sustainable investments. This Legal Insight is part of our dedicated newsletter series on the European Capital Markets Union (" CMU "). Background The growing awareness of environmental challenges and sustainability risks as well as the adoption of the UN 2030 Agenda and the conclusion of the Paris Climate Agreement by the EU in 2015 call for an EU strategy on sustainable finance. Establishing an EU strategy on sustainable finance is a priority action of the CMU. In December 2016, the HLEG was established to advise on the development of such an EU strategy . The recently published HLEG Interim Report was recently presented in a public hearing on sustainable finance on 18 July 2017. At the same time, the HLEG presented an online questionnaire on the Interim Report aimed at obtaining targeted feedback until 20 September 2017, which would be reflected in the final report of the HLEG scheduled for publication by the end of 2017.
  • Serbian Competition Authority Steps Up Antritrust Enforcement

    The Serbian Commission for Protection of Competition (the " Commissio n") recently intensified its antitrust activities before the new Administrative Act came into effect. In one week alone the Commission initiated four antitrust cases and conducted two dawn raids. 1. What/who will be on the Commission's radar?
  • First Annual Privacy Shield Review to take place in September 2017

    One of the core principles of the EU-US Privacy Shield (" Privacy Shield ") is its Joint Review mechanism, which obliges the European Commission, the US Department of Commerce and the Federal Trade Commission to jointly review the functioning of the Privacy Shield on an annual basis, together with its national security and law enforcement aspects. The very first Joint Review is scheduled for September 2017. This first review is considered especially important, as it will be the first opportunity for US and EU regulators to closely analyse the operation of the Privacy Shield, address possible concerns about its functioning, and seek to ensure that the Privacy Shield continues to be a valid legal basis for transfers of personal data from the EU to the US.
  • The role of the supervisory board in investor relations

    1.Abstract
    - Dorda
  • Constitutional Court's Recent Judgments on Rent in Austria

    The Constitutional Court has recently provided two judgments on 28 June 2017 on the rent control legislation in Austria ruling that the current system for flats complies with Austrian Constitutional Law and the European Convention on Human Rights. The Constitutional Court visibly failed to take the opportunity to initiate a change to the current legislation. Further appeals to the Constitutional Court are likely and worthwhile with the Austrian parties currently involved in their campaigns for the general election in October 2017.
    - Dorda
  • Buy-to-Let Schemes in Austria

    Buy-to-let schemes reached the Austrian market several years ago and have gained increased popularity in the scenic alpine regions of Tyrol, Vorarlberg or Salzburg. Investors acquire condominium ownership in newly constructed hotel facilities and rent out the properties to hotel operators at – ideally – attractive rates. While buy-to-let-schemes can be very lucrative investments, they also raise complex legal and tax questions. With the economic and financial crisis falling into oblivion, investors, however, have become more and more willing to sail these waters.
    - Dorda
  • Hungary: Are Interim Measures Hard to Enforce?

    The Hungarian Parliament recently passed new legislation on arbitration ( Act LX of 2017 on Arbitration , the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018.