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CMS

NEUE MAINZER STRASSE 2 - 4, 60311 FRANKFURT AM MAIN, GERMANY
Tel:
Work +49 69 71 70 10
Fax:
Fax +49 69 71 70 140 410
Email:
Web:
www.cms-hs.com
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Germany

Antitrust
Antitrust - ranked: tier 4

CMS

At CMS, there is an emphasis on advice on merger antitrust law matters, with the firm having distinct expertise in proceedings before German and European antitrust authorities. Christian Haellmigk recently advised Allianz Real Estate on the acquisition of the office project development Kap West from OFB Projektentwicklung, and he also assisted N.V. Nederlandse Gasunie and Gasunie Deutschland with the acquisition of 16.5% of shares in the EUGAL pipeline project. Tim Reher’s highpoints included representing Raiffeisen Waren in fine proceedings before the Federal Cartel Office and the assertion of claims for damages for Mast Jägermeister and August Storck relating to the sugar cartel. Practice head Markus Schöner is particularly well-versed in distribution antitrust law and counts Porsche among his key clients.

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Compliance
Compliance - ranked: tier 3

CMS

With its large and diversified team, CMS is well positioned in the market and can offer specialist advice on antitrust, tax and labour law issues. In addition to general compliance advice, practice head Harald Potinecke focuses on the introduction and implementation of compliance management programmes, including the organisation and implementation of worldwide ombudsperson and reporting systems. He assisted a foreign construction company with the implementation of such a programme and also advised on the development, implementation and execution of a comprehensive training programme. Petra Schaffner and Joachim Kaetzler are also experienced contacts. Counsel Laura Görtz joined the group from Noerr.

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Employment
Employment - ranked: tier 1

CMS

CMS has an impressive client portfolio including several well-known national and international financial services providers alongside IT and energy companies. The team around Oliver Simon and Martina Hidalgo, which also includes the renowned Björn Gaul and Gerlind Wisskirchen, covers the full spectrum of employment law. It assisted Savills Investment Management with redundancy measures and negotiations with the works council to reach a reconciliation of interests combined with a social compensation plan, and, in cross-departmental co-operation, the practice advised Commerzbank on terminating a joint venture with BNP Paribas including the transfer of operations and staff adjustment measures. In other work, it advised a bank on the restructuring of its remuneration systems and also regularly assists Volkswagen and Audi with dieselgate-related compliance advice. In early 2018, Andreas Hofelich was made partner. Bernd Roock and Reiner Kurschat retired in late 2017.

Leading individuals

Björn Gaul - CMS

Gerlind Wisskirchen - CMS

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Tax
Tax - ranked: tier 4

CMS

The tax law practice of CMS is a popular choice for property acquisitions, tax audits, tax structuring and transactions. It also has expertise in estate planning and advising family businesses. The firm records a high level of instructions, particularly in the energy sector. A number of these instructions are managed by practice head Heino Büsching. He assists with the sale of the Deutsche Bucht offshore wind farm and advises energy groups on tax matters related to the restructuring of subsidiaries and the tax structuring of projects. Thomas Gerdel is involved in tax compliance auditing of various large corporations. Thomas Link is also recommended. Jörg Schrade, previously an associate at Milbank, joined the Munich office as a partner in October 2018.

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Trade and distribution
Trade and distribution - ranked: tier 1

CMS

CMS’ strength lies in commercial agent and authorised dealer matters as well as in advising on framework supply agreements and selective distribution systems. The group is also experienced in distribution antitrust law and is well versed in assisting with matters touching upon IP and trade mark law. Gerald Gräfe recently advised a German car manufacturer on the development of an area-wide charging infrastructure; the instruction included advice on entering into distribution agreements, the drafting of a framework purchase agreement for components as well as negotiations with more than 50 suppliers. Another highlight in the automotive sector was assisting Chinese car manufacturer Geely with the digital distribution of vehicles; practice head Robert Budde led advice on this matter. The group also represents Italian brand eyewear manufacturer and long-term client Safilo and its German sales subsidiary against claims arising from the termination of the license agreement with Gucci.

Leading individuals

Robert Budde - CMS

Next generation lawyers

Gerald Gräfe - CMS

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Germany: Banking and finance

Financial services: regulatory
Financial services: regulatory - ranked: tier 4

CMS

CMS covers a wide range of regulatory matters, leading to regular instructions from banks and financial services providers on group structuring and foundation issues, licensing and Brexit matters alongside administrative procedures before BaFin. The team has considerable clout in the restructuring arena as recently demonstrated by advising VTB Group; the team assisted with regulatory issues including negotiations with, among others, BaFin and Deutsche Bundesbank pertaining to the merger of its European operations. Andrea München, who led the advice, made partner in January 2018 and jointly heads the practice with Joachim Kaetzler.

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Investment funds
Investment funds - ranked: tier 3

CMS

CMS has fund structuring and transactional matters and work for investors at its core, advising on various asset classes including renewable energy, real estate and private equity. In the structuring space, investment tax expert Tillman Kempf advised GEG German Estate Group on the creation of two open-end special AIFs for institutional investors, and acted for an asset holder on transferring and investing the proceeds from the sale of his own company into an open-end investment company domiciled in Luxembourg. Team head Daniel Voigt assisted Universal-Investment with the structuring and creation of two SICAV-RAIFs as parallel funds. In the investment sphere, the team assisted a German automotive supplier and its pension fund with their joint investment made from a Luxembourg fund into a fund set up for the company, while acting for IVG Immobilien on the sale of Triuva to Patrizia Immobilien, which included various investment law matters, constitutes a transactional highlight. In regulatory work, an electronics group received advice on matters arising from restructuring parts of its German and foreign pension assets. Financial supervision expert Andrea München made associated partner in early 2018; she is qualified in Germany and Luxembourg and is the key contact for Luxembourg law issues.

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Lending and borrowing
Lending and borrowing - ranked: tier 3

CMS

While CMS’ team has traditionally been focusing on work for borrowers, it continues to expand its capabilities acting for lenders, leading to a diversified client portfolio consisting of banks, German and international companies and sponsors. Its strengths lie in dealing with acquisition finance, most notably in the infrastructure and renewable energy sectors, and corporate finance alongside refinancing and restructuring matters, while real estate finance constitutes an increasingly significant portion of the practice’s workload; in this segment, the team has recently been advising several funds and private equity firms. Co-team heads Markus Pfaff and Marc Seibold advised Evcap on the financing of the acquisition of City Carré Magdeburg, and GSAF Holdco EUR on the financing of the acquisition of a number of student residences in various major German cities. In corporate finance, the practice assisted Dr. Ing. h.c. F. Porsche with the issuance of a €280m promissory note loan, and advised listed corporation ElringKlinger on a €200m promissory note loan. Hirschvogel instructed the team to assist with a syndicated financing totalling €400m, while Hamburg-based Marc Riede advised construction company Hochtief on a syndicated revolving credit facility valued at €1.7bn. Highlights in the acquisition finance space included advice to strategic investor Bottega InvestCo on the financing of the acquisition of Getronics for €200m, and Afinum Siebte Beteiligungsgesellschaft on the financing of the acquisition of a majority stake in Garz & Fricke.

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Project finance
Project finance - ranked: tier 3

CMS

In project finance, the team at CMS frequently handles renewable energy sector work, most notably in the onshore and offshore industries. As a recent example, Holger Kraft, Kerstin Block and Marc Riede advised British Wind Energy (BEW) on the financing of the offshore wind farm project Deutsche Bucht in the Nord Sea with a financing volume of €1bn made available by a consortium of ten commercial banks.

Leading individuals

Marc Riede - CMS

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Germany: Capital markets

Debt capital markets
Debt capital markets - ranked: tier 4

CMS

At CMS, the DCM practice regularly handles corporate bonds, registered bonds, promissory notes as well as commercial paper programmes and EMTN programmes. Team head Oliver Dreher advised a banking consortium as joint lead manager on the placement of a benchmark bond by hsh finanzfonds AöR amounting to over €750m, and, together with ECM expert Philipp Melzer, he assisted Telefónica Germany with the placement of promissory notes and registered bonds. In other work, Dreher advised the underwriting banks Bayerische Landesbank, Commerzbank and Deutsche Bank as joint lead managers on Sixt’s placement of bonds worth €250m with domestic and foreign investors, and acted for a consortium led by Commerzbank on the renewal and increase of Continental’s commercial paper programme with a new maximum value of €1.5bn. Dr. Ing. h.c. F. Porsche received advice on the issuance of promissory notes worth €280m.

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Equity capital markets
Equity capital markets - ranked: tier 5

CMS

The ECM team at CMS frequently acts for issuers and shareholders on capital increases and IPOs and routinely works in conjunction with its colleagues from the corporate department. At this interface, Philipp Melzer advised the investment vehicle Mayfair on Vapiano’s initial public offering, and, together with Andreas Zanner, he assisted Munich-based provider of cloud-based telephone systems NFON with its IPO, which generated proceeds of €80.5m following the placement of more than 4.1 million shares with investors at €12 per share. Capital Stage received advice on the payment of scrip dividend. With the corporate practice in the lead, the team also assisted the shareholders of 7-industries with the IPO of Sensirion on the SIX Swiss Exchange.

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Germany: Compliance

Internal investigations
Internal investigations - ranked: tier 4

CMS

CMS combines a broad practice with many years of expertise, and creates suitable teams depending on the instruction to assist corporations and DAX 30 companies with uncovering and clarifying infringements. The group was instructed by Atlas Elektronik, a subsidiary of thyssenkrupp Marine Systems, to conduct internal investigations in connection with various acts of corruption. Counsel Patrick Müller-Sartori assisted a chemical company with the detection of compliance violations and subsequent proceedings. Joachim Kaetzler is an expert in the financial services sector, recently advising and representing a stock corporation in a matter pertaining to tax evasion allegations. The team also focuses on data protection matters; for example, it advised on the preparation of contractual data protection regulations and guidelines. Counsel Laura Görtz joined the team, which is headed by Harald Potinecke, from Noerr.

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Germany: Corporate and M&A

Corporate
Corporate - ranked: tier 2

CMS

CMS’ clients receive ‘service-oriented’ advice on corporate law. The strategic expansion of the client portfolio, which formerly included mostly medium-sized companies, has resulted in a number of panel appointments, including that of E.ON. Numerous listed companies rely on the group and in recent work the group handled a compliance matter for a large company, one of many that the group is increasingly involved in. In addition to group law and supporting shareholders’ meetings, advice on company design is another core strength, with a recent focus on conversion matters. For example, the group advised VTB Bank on the formation of an SE by merging an Austrian AG with a German AG and a newly founded French company. Hilke Herchen, Maximilian Grub and Ernst-Markus Schuberth lead the team, which has members in all eight German offices. Renewable energy expert Carolin Armbruster, Igor Stenzel, who advises several Polish companies, and Tilman Weichert, who is frequently commissioned by listed companies, were promoted to the partnership at the start of 2018. Malte Bruhns has ‘a high economic understanding’, and is recommended alongside Martin Kuhn.

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M&A: large deals (€500m+)
M&A: large deals (€500m+) - ranked: tier 4

CMS

In addition to German SMEs, CMS also acts for large, often international companies; it recently advised HP on the $1.05bn acquisition of Samsung Electronics’ global printing division. Another highlight was advising IVG on the sale of its stake in Triuva Kapitalverwaltungsgesellschaft to Patrizia Immobilien. Maximilian Grub, Hilke Herchen and Ernst-Markus Schuberth lead the 65-partner group, which saw the promotion of three new partners in January 2018: Carolin Armbruster, Igor Stenzel and Tilman Weichert. Malte Bruhns has ‘a high advisory competence and business understanding’, and is recommended alongside Thomas Meyding and Christian Lenthe.

Leading individuals

Thomas Meyding - CMS

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M&A: mid-sized deals (sub-€500m)
M&A: mid-sized deals (sub-€500m) - ranked: tier 3

CMS

CMS advises both German companies on acquisitions abroad and international clients on inbound transactions, with a particularly good network in Southeastern Europe. In recent work it is assisting Sunrise Communications with the CHF500m sale of Swiss Towers; August Storck with the acquisition of a wafer producer; and Nanogate with the acquisition of HTI High Tech Industries’ plastics division. The group also advised new client Xing on the acquisitions of InterNations and application management system operator Prescreen. Maximilian Grub, Hilke Herchen and Ernst-Markus Schuberth lead the team, which also includes Karsten Heider, Henrik Drinkuth, Oliver Wolfgramm and Thomas Meyding. Carolin Armbruster, Igor Stenzel and Tilman Weichert were promoted to the partnership at the beginning of 2018.

Leading individuals

Thomas Meyding - CMS

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Germany: Dispute resolution

Arbitration (including international arbitration)
Arbitration (including international arbitration) - ranked: tier 2

CMS

CMS has an experienced arbitration team that is particularly visible in investment arbitration proceedings and which regularly handles a large number of transnational and high-volume disputes. Klaus Sachs is recognised by competitors as ‘an excellent arbitrator’ and was most recently appointed as such in ICSID cases concerning high-value matters. Dorothee Ruckteschler heads the firm’s international arbitration practice and has particular expertise in corporate and energy litigation, as well as being a frequent arbitrator. Recently, she was appointed as presiding arbitrator in disputes between a Turkish company and several American corporations. The team further expanded its Asia focus with Nicolas Wiegand’s move to Hong Kong. Tilman Niedermaier and Benjamin Lissner joined the team.

Leading individuals

Dorothee Ruckteschler - CMS

Klaus Sachs - CMS

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Commercial litigation
Commercial litigation - ranked: tier 2

CMS

CMS’ dispute resolution team has extensive expertise in the areas of post-M&A and corporate law, but also in D&O liability and conflicts in the energy sector. The firm has a good international network and the practice has seen an increase in sanction-related proceedings, often involving Iran. Recently, Claus Thiery represented a private equity firm in a post-M&A aviation dispute. His representation of Prof. Dr. Roland Berger was recently expanded to include an additional mediation procedure. Matthias Schlingmann, an expert in the energy sector, defended an operator of solar parks in a number of parallel proceedings. Tilman Niedermaier made partner and is regarded as ‘promising’ by competitors.

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Product liability
Product liability - ranked: tier 3

CMS

CMS is experienced in handling recall actions, the defence against claims for damages and the enforcement of coverage claims against liability insurers, among other matters. Tobias Bomsdorf and his team have moved to the Frankfurt office, where they handle liability cases in the areas of industrial claims and product liability. His recent work includes representing an automotive supplier in a dispute relating to liability claims arising from the extraordinary termination of a supply agreement due to the delivery of defective products. Bomsdorf also acted in the defence of claims for an international manufacturer of electronic components in connection with serial damage.

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Germany: Industry focus

Energy
Energy - ranked: tier 2

CMS

Regulatory - ranked: tier 1

CMS

CMS’ energy law practice focuses on regulatory and energy antitrust law. Under the lead of Jochen Lamb, the firm advised Bayerngas on the establishment of a joint venture with Stadtwerke München, the municipal utilities department of Munich and the British energy supply company Centrica for the exploration and production of crude oil and natural gas in Europe. Planning law expert Fritz Von Hammerstein assisted TenneT TSO with several network expansion projects in Northern Germany and represented the client at the Federal Administrative Court in various appeal proceedings by third parties concerning zoning approval for the 380kV transmission line from Ganderkesee to St. Hülfe. The team is also highly visible in the renewable energy sector: Holger Kraft advised EnBW Albatros on project contracts for the development of the offshore wind farm EnBW Albatros; assisted the city of Zurich’s power station with the acquisition of the onshore wind projects Autremencourt and Vihiersois from Hamburg-based Nordex; and acted for asset manager Luxcara on the acquisition of the Norwegian onshore wind project Egersund.

Leading individuals

Fritz von Hammerstein - CMS

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Healthcare and life sciences
Healthcare and life sciences - ranked: tier 2

CMS

In the healthcare sector, CMS is particularly well versed in regulatory and competition law matters, but also has experience in transactions and distribution law. Jörn Witt provided comprehensive advice to logistics company Apologistics on the regulatory framework for the marketing of pharmaceutical products, while practice head Jens Wagner acted for DePuy International in a matter concerning the voluntary recall of Adept hip implants. Nikolas Gregor advised GE Healthcare on distribution agreements, research and development contracts and compliance regulations. In other work, Wagner and Roland Wiring advised Boehringer Ingelheim on competition and drug advertising law matters relating to prescription drugs. Other clients include Merck & Co., Nordmark Arzneimittel and Lilly Deutschland.

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Telecoms
Telecoms - ranked: tier 2

CMS

Transactions - ranked: tier 1

CMS

Practice head Jens Neitzel leads the team at CMS, which saw an increase in instructions concerning transactions in the telecoms sector, with headline work in this area including its advice to Sunrise Communications on the sale of Swiss Towers. The firm also remains highly active in the regulatory field, including successfully representing Unitymedia in an action at the Higher Court and Regional Higher Court of Cologne concerning whether the client is allowed to install and provide other Unitymedia clients with a second WLAN network on routers left to clients without the clients’ permission. The firm also acted for Vodafone Kabel Deutschland in an action against Telekom Deutschland pertaining to a dispute regarding fraudulent price reduction for the joint use of cable systems. Other key matters revolved around local loop fees, VDSL 2 vectoring and fibre-optic expansion. Breko-Servicegesellschaft, EWE TEL and e.discom Telekommunikation are among its other clients.

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Germany: Information technology

Data protection
Data protection - ranked: tier 2

CMS

CMS provides ‘very competent’ advice on data protection matters and, frequently in collaboration with its international offices, handles GDPR issues for various large and mid-sized domestic, international and globally-operating companies concerning their daily business. The firm not only advises on personal data but also the processing of other non-personal data. Christian Runte is assisting a leading technology and chip manufacturer with data protection requirements in the context of development projects for autonomous driving and data protection issues concerning a cooperation with a German automotive manufacturer and an Israeli manufacturer for driver assistance systems for automomous driving, as well as with the assessment of internal data protection management in a holding in a digital card manufacturer for cars. The group also handles data protection matters for Airbnb, including representing the client in proceedings against the State of Berlin regarding the disclosure of host data according to the Berlin regulation prohibiting the use of living space for any other purpose. Other clients include Deliveroo, Zalando and eBay. Malte Grützmacher is ‘very congenial’.

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Information technology (including contracts)
Information technology (including contracts) - ranked: tier 1

CMS

As a well known ‘adviser for complex IT projects’, CMS is ‘absolutely top both due to its manpower as well as its technical expertise’. The large team covers a range of topics: from digital transformation and digital business models, including fintech, autonomous driving, industry 4.0 and eHealth, to eCommerce, IT transactions and disputes and compliance. The firm advised a German machine and plant manufacturer on the construction of an IoT platform for the furniture industry; is assisting a financial company with the implementation of a digital insurance project; and is acting for an international pharmaceutical and consumer goods manufacturer in connection with the assessment of a new eHealth product relating to electronic patient files across Europe. Clients include various companies, blockchain service providers, investors, start-ups and associations in the areas of intial coin offerings (ICOs), blockchain and smart contracts. Malte Grützmacher, who is particularly recommended for advice on digitalisation, is, according to peers, a ‘person, with whom it is fun to argue at a high level’ and who therefore offers ‘an exciting challenge on the opposing side’. He is advising Bayer on the IT law aspects of various projects and on software licensing contracts, including the negotiation of a high-volume cloud contract with Microsoft. Sebastian Cording and Markus Häuser head the practice; the former regularly advises Deliveroo on IT law and the latter conducted an assessment for Hewlett-Packard concerning which developments are to be expected in European liability law with regard to the manufacture and distribution of IoT devices. Christian Runte is also noted and Michael Kraus was promoted to equity partner at the start of 2018.

Leading individuals

Malte Grützmacher - CMS

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Outsourcing
Outsourcing - ranked: tier 1

CMS

CMS’ broad IT practice includes advising on large, complex outsourcings, which are increasingly fuelled by innovation- and IT-driven transactions and usually have an offshore component. Markus Häuser is assiting key client Accenture with several complex outsourcing projects, including with Siemens, among others. He also handled an F&A outsourcing project with strong near and offshore components (Poland, India) for a consulting and IT service provider; the client was an internationally operating company in the steel industry and the mandate included high shares of robotic process automation. Axel Funk assisted an international service provider for the servicing of complex financial portfolios with outsourcing the majority of its services to an external service provider. Entserv is also a client. Malte Grützmacher is another key name.

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Germany: Insurance

Advice to insurers
Advice to insurers - ranked: tier 3

CMS

CMS has a focus on insurance supervisory and transactional work, acting for national and international insurance companies and insurance brokers, but the team also receives regular instructions on product design matters. Team head Winfried Schnepp assisted FinanceApp with the development of a combined personal liability and household contents insurance to be distributed via digital channels. The team regularly assists Octium Life and Lombard International Assurance with the design of insurance products, which frequently includes tax law issues, and advised lbatros Versicherungsdienste on insurance contract and insurance brokerage law issues.

Leading individuals

Winfried Schnepp - CMS

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Insurance litigation
Insurance litigation - ranked: tier 2

CMS

In addition to representing clients in large-scale liability and damage claims, handling D&O proceedings, most notably in a banking and insolvency setting, has become another central pillar of CMS’ insurance practice but it has also been increasingly active in the InsurTech sector: team head Winfried Schnepp assisted the Swiss insurance agency FinanceApp with the development of a combined private liability and household insurance to be distributed via digital channels. Clients, including Lombard International Assurance and Octium Life, also benefit from the firm’s expertise in tax law,

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Germany: Intellectual property

Patent litigation
Patent litigation - ranked: tier 3

CMS

CMS was able to expand its work in the medical technology field due to the increased internationalisation of this area. Other core strengths include the firm’s broader life sciences practice, which notably includes biotechnology, medical technology, and work in the automotive sector. In other work, Markus Deck advised Stanley Black & Decker on patent and design law, as well as competition and license contract issues. He also has considerable experience in the technology space, including semiconductor technology. Matthias Eck has expertise in mechanical engieeringm, and Thomas Hirse, Klaus Ikas and Gerd Schoenen are other key figures in the team.

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Trade marks and unfair competition
Trade marks and unfair competition - ranked: tier 1

CMS

CMS has longstanding experience in contentious matters and in the development and management of portfolios. With eight offices across Germany, the practice, which is led by Thomas Manderla in Düsseldorf and Jörn Witt in Hamburg, stands out for its large geographical presence, but also for its expertise at the intersection with drug advertisement law. The trade mark practice has an excellent reputation in particular, not least due to the presence of Gordian Hasselblatt. Recent highlights include Cologne-based Heike Blank’s representation of BayerVital in a multitude of competition and drug advertising law disputes and Nikolas Gregor acting for Unilever in opposition proceedings against the registration of the trade mark Nivea-Blau by Beiersdorf. A key mandate in the healthcare sector was acting for Eli Lilly in several matters in the fight against piracy, including border seizures, as well as ongoing advice on trade mark and competition law. Heralt Hug advises the Gewandhaus in Leipzig on labelling law questions and trade mark portfolio management. Other clients include August Storck, L’Oréal Deutschland and Leifheit.

Leading individuals

Gordian Hasselblatt - CMS

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Germany: Media

Entertainment
Entertainment - ranked: tier 1

CMS

Digital Content - ranked: tier 1

CMS

Within its media law practice, CMS particularly stands out for its deep expertise surrounding digital content. The team advises on media regulation, data protection, copyright and remuneration and gaming. The practice also increasingly handles contentious cases. In a highlight matter, it is representing Eyeo in landmark proceedings regarding the legal admissibility of ad blockers in eight parallel proceedings, in which the firm has already achieved some successes; the counterparties include RTL Interactive, ProSiebenSat.1.Digital and Spiegel Online. Ole Jani is assisting seven ARD institutions (including NDR, WDR and BR), the Alliance of German Film and TV Producers, Allianz der deutschen Film- und Fernsehproduzenten, and the Federal Assocation of Directors, Bundesverband Regie, in an arbitration concerning the establishment of joint remuneration rules concerning the payment of feature film directors. The team also advises the World ESports Association on media and sports law matters. Other clients include Porsche, Getty and Netlantic. Sebastian Cording heads the practice and the very active Pietro Graf Fringuelli is particularly well versed in the area of eSports.

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Press and publishing
Press and publishing - ranked: tier 2

CMS

CMS’ press law and freedom of speech practice provides comprehensive advice to publishers, broadcasting corporations and online providers on crisis communication, the protection of privacy, and copyright and competition matters. Michael Fricke is the key name. It acts for longstanding client Gruner + Jahr in disputes concerning the right to free speech and copyright and press law matters. The team also represents the Norddeutsche Rundfunk (Northern German Broadcasting Company) in various matters relating to freedom of speech and copyright, including disputes with commercial enterprises, celebrities and politicians. Fricke advises multiple parties impacted by press coverage, such as food producers, management boards and DAX-listed companies in disputes with the media. Clients include newspaper Morgenpost, various ARD institutions, Porsche, the Hessische Rundfunk (Hessian Broadcasting Service) and Eyeo.

Leading individuals

Michael Fricke - CMS

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Germany: Private equity

Transactions
Transactions - ranked: tier 3

CMS

CMS’ private equity practice is particularly strong in the mid-cap segment, but is also increasingly active in large-cap deals, mainly on the seller’s side. For example, it advised IVG on the sale of its stake in Triuva Kapitalverwaltungsgesellschaft to investment manager Patrizia, and assisted Alpha Industrial Holding with the sale of a logistics property portfolio to Frasers Property Investments with a volume of €600m. In the mid-cap segment, the company acts for numerous private equity houses and strategic investors including Mayfair Equity Partners and Bottega InvestCo. Together with the banking and finance team, the group advised the latter on the €220m acquisition of the Getronics group of companies from Aurelius. In other work, Tobias Schneider assisted Seafort Advisors with the acquisition of a majority stake in J&S Automotive Technology from Brockhaus Private Equity III and on the sale of 75% of shares held in Avedo to Ströer. In addition to Schneider, Oliver Wolfgramm is the central contact.

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Venture capital
Venture capital - ranked: tier 1

CMS

CMS covers the entire range of venture capital advice and has particular expertise in the life sciences and software sectors. Markus Häuser advised WapoVentures and Sponsoo on their respective ICOs and the sales of tokens, while Stefan-Ulrich Müller assisted Immatics Biotechnologies with a series F financing round and advised the Munich-based start-up VisionHealth on seed financing and crowdfunding issues. Jörg Zätzsch acted for Berlin-based start-up uberall on a series B financing round. In addition to ICOs and financing rounds, the group also handled some exits: it assisted the shareholders of medical technology company invendo medical with the sale of the Nasdaq-listed Ambu, and advised LSP Life Sciences Partner on the sale of Luxendo – a spin-off of European Molecular Biology Laboratory (EMBL) – to Bruker. Corporate venture capital advice includes acting for Chinese electric car start-up Jiangxi Aiways Entity on a joint venture with sports car manufacturer Roland Gumpert, while work in the venture capital debt space includes advising eGym on the granting of European Investment Bank loans amounting to over €25m.

Leading individuals

Jörg Zätsch - CMS

Stefan-Ulrich Müller - CMS

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Germany: Public sector

PPP
PPP - ranked: tier 2

CMS

Sebastian Orthmann heads the practice group at CMS, which focuses on PPP projects and related contentious matters in the public transport, air transport, road construction and port sectors. Christiane Kappes advised Femern Bælt on the planning approval procedure for the Fehmarn-Lolland fixed link. In Frankfurt, Jakob Steiff assisted the city of Bingen am Rhein with public procurement, building and architectural law matters related to a transport connection. Fritz von Hammerstein, Hermann Müller and Christian Scherer-Leydecker are other key figures.

Leading individuals

Christian Scherer-Leydecker - CMS

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Planning and environment
Planning and environment - ranked: tier 2

CMS

The environment and planning group at CMS has nine partners and is headed by Cologne-based Christian Scherer-Leydecker and Stuttgart-based Ursula Steinkemper. The range of services includes assistance with planning approval procedures, construction and environmental law matters as well as transactions. Hamburg-based Christiane Kappes acted for Femern Baelt in the planning approval procedure for the Fehmarn Belt Fixed Link project. Another highlight, led by administrative law partner Fritz von Hammerstein, was assisting long-term client TenneT TSO with several network expansion projects in northern Germany, and successfully representing the client before the federal administrative court in several third-party appeal proceedings regarding the plan approval decision for the 380kV line Ganderkesee - St Hülfe. Together with Matthias Kuß, von Hammerstein also advised 50Hertz Transmission on environmental and planning law matters related to grid expansion projects. BDEW Bundesverband der Energie- und Wasserwirtschaft, Frontier Economics and consortium NeuConnect are also among its clients.

Leading individuals

Fritz von Hammerstein - CMS

Next generation lawyers

Christiane Kappes - CMS

Ursula Steinkemper - CMS

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Public procurement
Public procurement - ranked: tier 2

CMS

Under the leadership of Christian Scherer-Leydecker and Ursula Steinkemper, the procurement team at CMS advises both contracting authorities and bidders from a variety of industries including infrastructure, healthcare, construction, defence and IT. Recent highlights include advising the city of Frankfurt am Main on the selection of investors for the construction and operation of a multipurpose hall as well as on the successful preparation and implementation of a concession award for the city’s advertising rights; Jakob Steiff led both instructions, while Volkmar Wagner assisted Deutsche Lufthansa with procurement law matters. Another highlight was acting for GE Healthcare Buchler on procurement law and the contentious aspects of a procurement procedure for several health insurance funds in Brandenburg concerning contrast media. Munich-based Stefan Höß specialises in construction and IT procurement and Berlin-based Matthias Kuß advises on matters concerning construction procurement and real estate law. Hermann Müller and Thorsten Schätzlein are also part of the practice group.

Next generation lawyers

Jakob Steiff - CMS

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State aid
State aid - ranked: tier 3

CMS

Heinz-Joachim Freud in Frankfurt and Michael Bauer in Brussels are the two core figures in CMS’ state aid practice. Recent highlights include advising a ministry and a banking association of an Eastern European member state on the government-sponsored merger of economic sector parts. The group is also representing a major German city before the EU Commission in a procedure to design an infrastructure project in cooperation with a leading German sports association.

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Germany: Real estate and construction

Construction (including construction litigation)
Construction (including construction litigation) - ranked: tier 1

CMS

Having impressive international reach, CMS’ construction law practice focuses on large projects in the plant engineering, infrastructure and structural engineering sectors. The team advised Allianz on all construction law matters pertaining to the development of its new headquarters in Stuttgart, and assisted EnBW Albatros with the development of an eponymous offshore wind farm. Martin Krause advised Immofinanz Friesenquartier on the development of Cologne’s Friesian Quarter (Friesenquartier), while Andreas Roquette acted for the city of Freiburg in proceedings concerning the construction of its town hall and related cost overruns and construction delays. Sebastian Orthmann heads the team, which also includes Nicolai Ritter.

Leading individuals

Martin Krause - CMS

Next generation lawyers

Nicolai Ritter - CMS

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Real estate
Real estate - ranked: tier 2

CMS

CMS covers the full remit of real estate law including transactions, project developments, finance and asset management. Team head Sebastian Orthmann recently advised Universal Investment Luxembourg on the acquisition of a portfolio consisting of 90 properties for €697m as part of a share deal with German and Luxembourg structures. In another highlight, Volker Zerr assisted Allianz with the acquisition of the office project The Icon Vienna from Signa by way of a forward deal. On the financing side, Marc Seibold assisted Correo Munich Real Estate with the financing of the acquisition of the Correo Quarter in Munich by Deutsche Pfandbriefbank and Landesbank Hessen-Thüringen Girozentrale. Heinrich Schirmer is another key figure.

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Germany: Restructuring and insolvency

Insolvency
Insolvency - ranked: tier 4

CMS

CMS’ areas of activity in relation to insolvency administration cases include regular insolvency proceedings, special insolvencies, but also forced administrations. The work portfolio includes the regular insolvency proceeding of the insolvent Maple Bank and Maple Financial Europe, led by Michael Frege, Joachim Kühne and Charlotte Louise Schildt; in the latter case, secondary proceedings took place at the Toronto branch, with cross-border liquidation in Canada and the USA. In addition, Niklas Lütcke was appointed insolvency administrator of video technology company Clipkit. In addition to insolvency administration, the firm also has expertise in property administration cases. Alexandra Schluck-Amend heads the restructuring and insolvency practice.

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Restructuring
Restructuring - ranked: tier 3

CMS

CMS covers both insolvency administration and restructuring advice. The ten restructuring partners represent, among others, creditors in the enforcement of claims; insolvency administrators in the enforcement of liability claims; investors in distressed M&A proceedings; and companies in financial difficulty in the restructuring of business units. In recent work, Rolf Leithaus advised the German Airports Association on the insolvency proceedings of Air Berlin, including the assertion of creditors’ claims as a member of the provisional creditors’ committee. The group also acted for an investor in the insolvency of a company in the furniture industry. Insolvency administrator Malte Köster sought advice on the insolvency of Lüneburger Eisenwerk. Alexandra Schluck-Amend heads the practice.

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Germany: Transport

Maritime and shipping
Maritime and shipping - ranked: tier 1

CMS

Ship financing - ranked: tier 1

CMS

The seven-partner team at CMS advises shipowners, container lines, banks, shipyards, marine insurers, trading houses and logistics companies on the full range of maritime business law, including financing and restructuring matters. It also represents clients in court and in out-of-court disputes as well as in national and international arbitration proceedings. In 2017, the firm was frequently instructed to handle transactions in particular; it advised the shareholders of Kreuzfahrtberater on the sale of its online travel agency business to Cruise.co.uk. The central contacts are Jost Kienzle, who counts Hamburg Süd and Hapag-Lloyd among his core clients; Jan Wölper, who has proven expertise in ship purchase and sales as well as charter law; and practice head Christoph Zarth, who is experienced in plant construction and the offshore wind industry.

Leading individuals

Jan Wölper - CMS

Jost Kienzle - CMS

Next generation lawyers

Christoph Zarth - CMS

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Further information on CMS

Please choose from this list to view details of what we say about CMS in other jurisdictions.

United Arab Emirates

Offices in Dubai

Albania

Offices in Tirana

Angola

Austria

Offices in Vienna

Belgium

Offices in Brussels, Antwerp, Brussels, Brussels, and Brussels

Bosnia and Herzegovina

Offices in Sarajevo

Bulgaria

Offices in Sofia and Sofia

China

Offices in Beijing, Beijing, and Shanghai

Croatia

Offices in Zagreb

Czech Republic

Offices in Prague

Germany

Offices in Hamburg, Frankfurt, Stuttgart, Berlin, Leipzig, Dusseldorf, Cologne, Munich, and Munich

Algeria

Offices in Algiers

Spain

Offices in Madrid, Malaga, Seville, Madrid, and Barcelona

France

Offices in Paris, Strasbourg, and Lyon

Hong Kong

Offices in Hong Kong and Hong Kong

Hungary

Offices in Budapest

Latin America: International firms

Italy

Offices in Rome and Milan

Lebanon

Offices in Beirut

London

Offices in London EC4N and London EC3A

Luxembourg

Offices in Luxembourg

Macedonia

Offices in Skopje

Morocco

Offices in Casablanca

Montenegro

Offices in Podgorica

Netherlands

Offices in Utrecht and Amsterdam

North West

Offices in Manchester

Oman

Offices in Muscat

Poland

Offices in Warsaw and Poznan

Portugal

Offices in Lisbon

Romania

Offices in Bucharest

Russia

Offices in Moscow

Scotland

Offices in Edinburgh, Glasgow, and Aberdeen

South East

Offices in Reading

Singapore

Offices in Singapore, Singapore, and Singapore

Slovakia

Offices in Bratislava

Slovenia

Offices in Ljubljana

South West

Offices in Bristol

Switzerland

Offices in Zurich, Geneva, and Geneva

Turkey

Offices in Istanbul and ElmadaÄŸ/ÅžiÅŸli

Ukraine

Offices in Kiev and Kiev

Yorkshire and the Humber

Offices in Sheffield S2 and Sheffield S2

Serbia

Offices in Belgrade

Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

Legal Developments in Germany

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to