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Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

SCHOTTENRING 25, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 242 50
Fax:
Fax +43 1 242 50 600
Email:
Web:
www.bakermckenzie.com

Austria

Banking and finance
Banking and finance - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

A large portion of Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG's banking and finance work pertains to acquisition, real estate and project finance alongside refinancing and regulatory matters. In recent work, the firm advised Amundi on financing the acquisition of Pioneer Investments from UniCredit and team head Georg Diwok assisted Premium Immobilien and its affiliates with the financing of the residential project Erdberger Lände in Vienna.

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Capital markets
Capital markets - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG's 'innovative' team is best known for its expertise in public takeover and US securities law, working in close co-operation with its teams in Frankfurt, London and the US, while also assisting clients with compliance and contentious matters. 'Very knowledgeable' counsel Stefan Arnold assisted the exchange trustees Commerzbank and Bankhaus Neelmeyer on Vonovia's public takeover bid, including an exchange offer, for Conwert Immobilien Invest, and team head Eva-Maria Ségur-Cabanac advised the placement agents BNP Paribas and Erste Group Bank on immigon portfolioabbau's sale of shares in RBI by way of a block trade.

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 4

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

At Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG, the 'professional and well-prepared' team provides 'tailor-made' advice on corporate matters at the intersection with finance and capital markets law, including M&A and private equity transactions as well as investments, and also assists clients, including several financial services, TMT and life sciences sector players, with restructurings and litigation. The firm advised THQ Nordic on the acquisition of Koch Media Group. Gerhard Hermann heads the team, which also acts for Allegion and Österreichische Post.

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Dispute resolution: arbitration and mediation
Dispute resolution: arbitration and mediation - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG has a strong regional focus on SEE and is well versed in handling post-M&A, investor-state and banking disputes. Filip Boras, who jointly heads the team with Alexander Petsche after former team head Stefan Riegler moved to Wolf Theiss Rechtsanwalte GmbH & CoKG in November 2017, acts for the Austrian investor Georg Gavrilovic and the eponymous Croatian meat processing group in an ICSID proceeding against the Republic of Croatia pertaining to the Austria-Croatia bilateral investment treaty.

Next Generation Partners

Filip Boras - Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

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Dispute resolution: 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 is experienced in post-M&A disputes and litigation arising from financial distress, restructuring and insolvency proceedings, while also handling various banking disputes. Team head Alexander Petsche and Filip Boras represented MBI & Partners U.K. and the affiliated JJW Hotel & Resorts in 16 proceedings before Austrian courts pertaining to a failed luxury hotel project and the sale of a premium shopping centre in Vienna.

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

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

'Utilising its profound knowledge to provide creative solutions', the 'focused and determined' team at Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG assists companies and individuals with the implementation of compliance systems, internal investigations and criminal defence proceedings. Co-head Georg Diwok represented the infrastructure division of FCC Group, FCC Construcción, and one of its executives in criminal defence proceedings pertaining to allegations of fraud, false accounting and negligent bankruptcy. Co-head Alexander Petsche frequently provides compliance-related assistance.

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EU and competition
EU and competition - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG handles cartel litigation, merger control, abuse of dominant position, distribution and licensing, and state aid matters, with a particular focus on competition litigation and regulated industries. Practice head Andreas Traugott is defending elevator and escalator firm Schindler and debit card provider Six Austria against private enforcement claims; he also acted for a number of clients, including Sappi, Haushahn Aufzüge and Motorola Solutions, in relation to merger control proceedings.

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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 focuses on the employment aspects of corporate restructurings, including mass dismissals, transfer of undertakings, post-merger integration and negotiations with the works council and unions. The team's clients are mainly national businesses, although it also advises large corporations based in Austria and the Austrian subsidiaries of international companies. Practice head Philipp Maier is advising Amazon on matters such as working time and remuneration models, works council and trade union issues, and collective agreements, and assisting a manufacturing company with the implementation of a worldwide employee data administration system and the international deployment of staff. Senior counsel Sabine Liebmann-Slatin and senior associate Elisabeth Wasinger are also noted. Other clients include BRF and BMC Software.

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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 covers the full spectrum of contentious and non-contentious IP law, spanning across design rights, patents, copyright and trade secrets, frequently acting for domestic and multinational clients in the IT, consumer and luxury goods industries. The firm is also adept at handling big trade mark portfolios and unfair competition matters in the cosmetics, household goods, pharmaceutical and clothing sectors. Team heads Lukas Feiler and Martina Grama advised Swedish game developer THQ Nordic on its acquisition of Koch Media, specifically on questions concerning the existence and validity of trade marks.

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Projects and energy
Projects and energy - ranked: tier 3

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG's strength lies in advising financial institutions and energy companies on regulatory, energy and competition law matters including disputes. The group is led by competition practice head Andreas Traugott and works in close co-operation with the firm's Berlin office.

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Real estate
Real estate - ranked: tier 4

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG's 'balanced and client-oriented' team specialises in retail sector work alongside urban development and tourism-related matters and assists tenants, investors and developers with transactions and lease agreements. Highlights included advising Are Development on the development, structuring and sale of the urban development project Wildgarten in Vienna, and acting for Kerbler on the sale of its Omega Building in Vienna's Seestadt Aspern to Erste Immobilien Kag. Stephan Größ is now with EY Law Pelzmann Gall GrößRechtsanwälte GmbH.

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TMT
TMT - ranked: tier 4

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG provides 'pragmatic solutions' and is particularly active in the contentious sphere, acting for clients in IT and telecoms-related proceedings while also providing advice on data protection issues including GDPR and matters pertaining to computer hardware and software, social media, search engines and cloud computing. 'Very knowledgeable' senior associate Lukas Feiler heads the team, which includes senior associate Martina Grama.

Next Generation Partners

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

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Tax
Tax - ranked: tier 4

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

At Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG, Christoph Urtz's team is well equipped to guide clients, such as RSM Austria Steuerberatung and Fal-Con Steuerberatungsgesellschaft, through various tax law matters including corporate and transactional tax, transfer pricing, VAT and wealth management issues. Fiscal criminal law matters are routinely handled in co-operation with its criminal law practice.

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Further information on Baker McKenzie LLP

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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
  • 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