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IT transactions and outsourcing in Germany

Baker McKenzie

Baker McKenzie continues to position itself at the top of the German market for outsourcing and IT transactions. The team around Michel Schmidl and Holger Lutz is predominantly instructed with operative procedures as well as with outsourcing and consolidation of data centres. Another strength lies in its advice on new cross-border business models under consideration of international tax law. In this segment, Matthias Scholz is a renowned expert who primarily acts in the finance and pharmaceutical industries. The group also includes the very active senior associate Simone Bach.

Practice head(s):

Michel Schmidl; Holger Lutz

Testimonials

'The Frankfurt IT team has extensive experience in the area of large IT outsourcing. Baker was also able to score points with its knowledge with rather unusual deal structures and provided very efficient advice. '

'Björn Helwig has excellent industry knowledge of IT outsourcing and always has economic and technical issues on his radar.'

Work highlights

  • Paragon Partners: Advising Paragon Partners on the takeover of all shares in Castolin Eutectic from the MEC Group.
  • AURELIUS Equity Opportunities: Advising AURELIUS Equity Opportunities SE & Co. KGaA on the sale of its subsidiary GHOTEL hotel & living to the Cologne-based Art-Invest Real Estate Group.
  • METRO AG: Advising METRO AG on establishing a strategic partnership with the Wumei Technology Group (Wumei), a leading retail company in China. As part of the transaction, METRO is selling its entire stake in METRO China for cash to an investment vehicle from Wumei and a 20% stake in the resulting joint venture.

Bird & Bird LLP

In the outsourcing and IT transactions sphere, part of Bird & Bird LLP's strength lies in its wide-ranging network, which does not only include close cooperation with other sector groups such as technology, telecoms and commercial, but also internationally with other offices of the firm. For example, this enables the team around Fabian Niemann to seamlessly take over the German part of an outsourcing project that was originally initiated in Italy. The group is particularly active in the technology and communication, retail and consumer as well finance and services areas and advises on business process outsourcing with a specific focus on digital business models that use cloud computing, big data and internet of things. Jörg-Alexander Paul predominantly advises banks and financial services providers on IT procurement projects, IT outsourcing and business process outsourcing.

Practice head(s):

Fabian Niemann

Other key lawyers:

Jörg-Alexander Paul 

Key clients

adidas

AUDI

Bedeutender IT-Dienstleister im GKV-Bereich

Bedeutender kommunaler IT-Dienstleister

Bundesdruckerei

Bundesland

Gesetzliche Krankenkasse

Intel

Internationaler Rüstungskonzern

Kommunales Verkehrsunternehmen

Kooperation von mehreren Bundesländern

Landespolizeibehörde

SAP

Weltweit führendes IT-Unternehmen

Work highlights

  • adidas: Several larger IT projects (e.g. conversion of the payment system and negotiations with payment providers; IoT app terms for some European jurisdictions).
  • AUDI: Advice on a wide range of issues relating to connected car services, IT procurement projects, a blockchain project and data licensing projects.
  • SAP: Advice in connection with the corona warning app developed by SAP by the RKI and the federal government as well as advice on> 100 m EUR IaaS cloud contracts with Google, SAP and AWS and cloud contracts in the financial services industry.

CMS

CMS' leading outsourcing practice is one of the top addresses for technology joint ventures, business process outsourcing and the development and application of blockchain technologies, for example in the context of tokenization projects and smart contracts. Sebastian Cording and Markus Häuser head the IT team. Cording frequently advises on the implementation of ERP systems, contracts and litigation and acts both on buyer as well as on provider side. Digital business models and technology transactions as well as IT projects and development cooperations are part of Häuser's expertise.

Noerr

In the context of its digital business group, Noerr also advises on matters such as outsourcing and IT transactions. In cooperation with the digitalisation practice, the team behind Thomas Thalhofer and Torsten Kraul assists with large outsourcing and software projects, cloud projects as well as offshore transactions. The group has particular expertise in the healthcare, insurance, automotive and media sectors. Peter Bräutigam, who co-heads the commercial practice, focuses on outsourcing, IT transactions and digital projects as well as IT disputes. 

Other key lawyers:

Peter Bräutigam

Testimonials

'Thomas Thalhofer is technically strong and very committed. The cooperation is extremely pleasant. '

'Peter Groom is extremely experienced and strong in negotiations. Cooperation always unproblematic. '

Key clients

Bayer AG

Deutsche Börse AG

McDonalds

Spotify AB

BayWa AG / FarmFacts GmbH

Alibaba.com (Europe) Ltd

Microsoft Deutschland GmbH

NÜRNBERGER Lebensversicherung AG

MEWA Textil-Service AG & Co. Management OHG

Hapag Lloyd AG

ING-DiBa AG

Klöckner & Co. SE

Work highlights

  • Bayer AG: Comprehensive advice on realigning IT.

Covington & Burling LLP

Covington & Burling LLP enjoys particular recognition for its longstanding expertise in the outsourcing space. The team advises German and international companies (also in cooperation with the London office) on exchanging traditional IT infrastructure with hybrid cloud infrastructure, on software implementation projects while maintaining strict regulations as for example in the banking and finance industries, as well as on various licensing and service agreements. Moritz Hüsch and Lars Lensdorf jointly head the practice.

Practice head(s):

Moritz Hüsch; Lars Lensdorf

DLA Piper

DLA Piper's high transactional activity also includes IT transactions and generates instructions in the IT area. Hereby, the digital transformation including advice on topics such as cloud services, big data, artificial intelligence and blockchain, as well as related IT and business process outsourcing, the development and implementation of agile programming procedures as well as IT procurement take centre stage within the group's broad advice portfolio. Jan Geert Meents  (Munich) and Jan Pohle (Cologne) are the practice's key contacts; Stefan Engels and Thilo von Bodungen jointly head the broader IP and technology department.

Other key lawyers:

Jan Geert Meents; Jan Pohle

Latham & Watkins LLP

Latham & Watkins LLP's service portfolio also encompasses advice on IT outsourcing and transactions in the high-end segment. Within the broad IT group around Tim Wybitul, it is especially counsel Thies Deike who assists with IT separation, IT issues in relation to M&A and IT regulatory matters, as well as with licensing and contracts. Clients predominantly stem from the private equity sphere, while automotive and supplier industries, banks and the capital markets also play an important role. The German practice can further rely on the firm's technology transactions group.

Practice head(s):

Tim Wybitul; Thies Deike

Testimonials

'Speed and Quality.'

'Very competent. Always available. Thinking strategically. '

Key clients

Aktive Kernmandanten in den vergangenen 12 Monaten

Cerner Corporation

Deutsche Bank AG

Hyundai

BayWa AG

EQT / OMERS

Triton

Evercore

NICE Solar Energy

CDH Investments

Lanxess AG

Work highlights

  • Hyundai: Advising Hyundai on transition services and IT separation in connection with its participation in Sixt Leasing SE via a joint venture with Santander as a consortium partner.
  • Deutsche Bank AG: Advice in connection with data protection issues, outsourcing and telecommunications projects.
  • Cerner Corporation: Advising Cerner Corporation on IT issues and transition services in connection with the sale of part of its IT healthcare portfolio in Germany and Spain (previously acquired from Siemens).

Luther Rechtsanwaltsgesellschaft mbH

In the outsourcing and IT transactions area, Luther Rechtsanwaltsgesellschaft mbH's IT team around Wulff-Axel Schmidt focuses on finance technologies. Outsourcings into cloud-based applications as well as new business models, for example in relation to payment services, constitute a core aspect of its practice and is handled by Michael Rath and Christian Kuß. Alongside traditional IT outsourcings, the group also advises on BPOs as well as on project agreements for complex IT systems.

Practice head(s):

Wulff-Axel Schmidt

Other key lawyers:

Michael Rath; Christian Kuß

Osborne Clarke

Osborne Clarke's IT team behind Flemming Moos includes two Cologne-based, very sought-after outsourcing specialists: Konstantin Ewald, head of the sector group digital business, who possesses 'great prior IT knowledge' and focuses on complex IT projects, application service providing, SaaS and IT system implementation (including SAP); and Ulrich Bäumer, who assists with international IT project agreements and advises technology companies on M&A transactions. In this context and as co-head of the firm's India group, Bäumer is particularly experienced in intercontinental (and transatlantic) outsourcing and transactional projects.

Practice head(s):

Flemming Moos

Testimonials

'Osborne Clarke's pragmatic, competent and very well tailored approach, which does not try to squeeze the client into a standard scheme, distinguishes Osborne Clarke from other law firms.'

'Unique through the combination of legal expertise and in-depth IT knowledge!'

' Konstantin Ewald impresses not only with his excellent legal advice, but also with his deep understanding of the entire subject. In detail: – Great prior IT knowledge and he can immerse himself in technically complex and highly specialized processes extremely quickly. – Strong strategic skills and a high level of understanding of the respective goals and restrictions of buyers and sellers. – High level of persuasiveness in writing and verbally, especially in dialogue with the other side's lawyers. – Extremely high availability and response time when the topic is important. – Great cooperation with foreign legal teams on transatlantic transactions and perfect English skills. '

'A broad-based team with in-depth experience and good contacts, also with regard to Indian suppliers. In addition to the theory of contract law, there are also good practical experience and point to financial risks. '

'' Very good negotiation and argumentation skills as well as creativity in compromise proposals. Very good experience with partner Ulrich Bäumer and associate Sabine von Oelffen. Very thorough preparation of negotiations with the customer. '

Taylor Wessing

Taylor Wessing's TMT practice foots on different pillars which also include advice on IT law as well as outsourcing and transactions. In the latter segment, it is primarily Nicolai Wiegand and Axel Freiherr von dem Bussche who are active. Both assists with outsourcing and infrastructure projects in relation to data centres and 5G and also advise on cloud implementation and agile software projects. On the market, the team occupies a relevant role in advising the regulated industries such as healthcare, banking and insurance.

Other key lawyers:

Nicolai Wiegand

White & Case LLP

Jost Kotthoff heads White & Case LLP's practice in the technology transactions space. IT infrastructure outsourcing, application management, BPO and facility management are part of his main expertise which he compliments with longstanding experience in system integration, software licensing and licences. The practice benefits from the firm's strong international network.

Practice head(s):

Jost Kotthoff

Work highlights

  • Polish Aviation Group (PGL), owner of LOT Polish Airlines SA (LOT): Advising the owner of the Polish airline LOT on the planned takeover of the German Condor Flugdienst GmbH (Condor).
  • Arabesque Group: Advice on entering into a strategic cooperation with the DWS Group in the field of artificial intelligence (AI).
  • International industrial group: Advice on tendering global telecommunications services.

CSW Rechtsanwälte Steuerberater Wirtschaftsprüfer

Isabell Conrad, the new name partner of CSW Rechtsanwälte Steuerberater Wirtschaftsprüfer (formerly SSW Rechtsanwälte Steuerberater Wirtschaftsprüfer which saw the departure of several lawyers in June 2020) is particularly active in IT outsourcings in the banking and insurance sectors. The team also advises on restructuring, multinational outsourcings of software solutions and cloud agreements.

Practice head(s):

Isabell Conrad

GÖRG Partnerschaft von Rechtsanwälten mbB

For outsourcing and IT transactions GÖRG Partnerschaft von Rechtsanwälten mbB relies on the experience of partners such as Florian Schmitz, Axel Czarnetzki and Michael Heise. Schmitz focuses on IT outsourcing and BPO, including cloud computing, as well as managed services; Czarnetzki's mainstays are licensing agreements and IT and outsourcing contracts. Heise predominantly advises the finance industry on commercial and contractual matters related to national and international transactions and acquisitions. All three lawyers assist nationally and internationally active companies as well as federal states and the public authorities with IT tender and procurement procedures of IT services among other matters.

Practice head(s):

Florian Schmitz

Other key lawyers:

Axel Czarnetzki; Michael Heise

Greenberg Traurig Germany

In the IT outsourcing and transactional space, Greenberg Traurig Germany stands out for first-class projects related to BPOs and IT infrastructure outsourcing including assistance with outsourcing contracts. For instance, the team behind Viola Bensinger advises the Federal Transport Ministry on the implementation and operation of systems for car toll controls. Christoph Enaux focuses on cable outsourcing projects and the development of new business models for the telecoms, media and real estate industries. The team was expanded and strengthened by the arrival of three associates and further promoted three lawyers to counsel.

Practice head(s):

Viola Bensinger

Other key lawyers:

Christoph Enaux

Key clients

Bundesministerium für Verkehr und digitale Infrastruktur

Taiyo Nippon Sanso Corporation (und die Tochtergesellschaft Matheson Tri-Gas)

PayPal

SolarisBank

Stadt und Land Wohnbauten-Gesellschaft mbH

ZTE Corp. (ZTE Services Deutschland GmbH)

TAG Immobilien AG

Hanova Wohnen GmbH

Beos AG

AB Volvo

LEG Immobilien AG

Gewobag

Deutsche Wohnen

Lateral GmbH

Work highlights

  • ZTE Corp.: Advice on negotiations for the construction, operation and maintenance of cellular networks (roll-out and field services business).
  • Federal Ministry of Transport and Digital Infrastructure: Legal advice to the Federal Ministry of Transport and Digital Infrastructure (BMVI), the Federal Office for Goods Transport (BAG) and the Federal Motor Transport Authority (KBA) on negotiating the outsourcing contracts. Support for the establishment and operation of both the tax collection system and the automatic and mobile control system for the German infrastructure tax (also known as the car toll) with a total of 10 bidders, as well as handling and advising on negotiations with the contractors after the contracts were terminated in 2019 .
  • Beos AG: Advice on an IT infrastructure outsourcing project with the shareholder of Beos AG (Swiss Life) and the French IT group Atos, as well as numerous other IT outsourcing and digitization projects.

Pinsent Masons Germany LLP

At Pinsent Masons Germany LLP, it is predominantly the Munich office that advises on IT sourcing, outsourcing and business process outsourcing. On the contrary,  the Frankfurt team around Nils Rauer assists with IT transactions and complex data centre transactions among other matters. Additionally, the group advises on projects and large projects related to the procurement and operation of IT infrastructures and SAP2 cloud solutions. The client base includes companies from the chemical and insurance sectors.

Practice head(s):

Nils Rauer

SKW Schwarz Rechtsanwälte

SKW Schwarz Rechtsanwälte has wide-ranging competencies in the outsourcing and IT transactions space which contribute to its strong positioning in the technology segment. The practice's profile further sharpened with the arrival of technology transaction specialist Martin Böttger, who joined from Fieldfisher in April 2019. The team is increasingly attracting instructions for important IT transactions and for instance advised clients such as Bosch on joint ventures and strategic technology-related transactions. Here, practice head Matthias Orthwein was a key figure.

Practice head(s):

Matthias Orthwein

Other key lawyers:

Martin Böttger

Key clients

Robert Bosch

Cleversoft

Commerzbank

ETAS

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Work highlights

  • Commerzbank: Comprehensive advice on various large and strategically important IT outsourcing projects for the bank; Secondment to the legal department.
  • Robert Bosch eBike Systems: Advice on the establishment of a joint venture between Bosch eBike Systems and MAGURA Bike Parts.
  • cleversoft: Advising the cleversoft group, a specialist in electronic compliance solutions for the financial sector, on the acquisition of SecondFloor, based in Amsterdam.

Waldeck Rechtsanwälte PartmbB

Despite the recent rebranding of its former IT and outsourcing department to its digital and technology group, outsourcing continues to represent a mainstay for Waldeck Rechtsanwälte PartmbB's practice. Thomas Helmut Fischer and Jens-Holger Petri focus on advising banks and telecoms companies on outsourcing contracts as well as cloud and IT projects and IT tendering.

Practice head(s):

Jens-Holger Petri

Other key lawyers:

Thomas Helmut Fischer