Firm Profile > Eisenberger & Herzog > Vienna, Austria

Eisenberger & Herzog

Administrative law and public sector Tier 2

Infrastructure projects, renewable energy, and banking and finance regulatory law are areas of focus for the team at Eisenberger & Herzog. Practice head Georg Eisenberger is known for his strength in environmental law and world heritage issues; he recently advised XXXLutz on the environmental impact assessment approval requirements pertaining to the construction of a furniture store, and acted for construction company Strabag on a mining project. Tatjana Dworak represented Windparkbetreiber Kärnten in administrative proceedings relating to more than 15 wind farms in Carinthia. Ulrike Sehrschön regularly advises clients from the infrastructure, energy and healthcare sectors on regulatory issues. Other key clients include Styria Media Group, Salinen Austria and the city of Graz.

Banking and finance Tier 2

Eisenberger & Herzog focuses on debt restructurings alongside loan portfolio and international acquisition finance transactions, while Ulrike Sehrschön is the main contact for banking regulatory matters. Josef Schmidt, who rejoined the firm's Vienna office in September 2017 from Davis Polk & Wardwell LLP, and Peter Winkler advised Pecik-Group on an acquisition facility agreement required for its subsidiary's acquisition of shares in S Immo from Erste Group Bank. Acting as local counsel, Marcus Benes advised Uralsib Bank on loan proposals for Cetracore Energy, and assisted Vapiano with the conclusion of a secured facilities agreement with UniCredit Bank Austria. Michael Lehotzki left the firm in August 2017 to work in-house.

Commercial, corporate and M&A Tier 2

With transactional work at its core, Eisenberger & Herzog has particular expertise in the financial services, energy, telecoms, infrastructure and real estate sectors. The team acted as local counsel for a group of creditors of Steinhoff Holdings' subsidiary Hemisphere Properties on its sale of Kika-Leiner's property assets in Austria and several other CEE countries to Signa. Other work includes joint ventures and finance-related matters. Alric Ofenheimer and Peter Winkler jointly head the team, which includes Josef Schmidt, who returned to the firm's Vienna office in September 2017 from Davis Polk & Wardwell LLP, Hermann Schneeweiss, who joined from Binder Grösswang in March 2018, and Marco Steiner.

EU and competition Tier 2

The team at Eisenberger & Herzog advises on a wide range of competition and EU law, including merger control proceedings, dawn raids, and cartel and abuse of dominance cases, and counts a number of leading Austrian companies among its clients. Practice head Dieter Thalhammer represented a manufacturing company in merger control proceedings regarding the sale of its production facilities in Austria, and acted as Austrian counsel to an automotive company in private enforcement proceedings relating to the trucks cartel. In addition, Judith Feldner advised a multinational electronics company on the merger control aspects of an investment relating to the autonomous vehicles market. Andreas Zellhofer is also a key member of the practice.

Insolvency and corporate recovery Tier 2

Cross-border financial and corporate restructuring transactions, loan enforcement and the representation of creditors in Austrian insolvency proceedings are staples of Eisenberger & Herzog’s insolvency and corporate recovery practice, while the restructuring of listed bonds is becoming an area of increased activity. Clients also benefit from the practice’s ability to rely on the firm’s corporate, M&A, capital markets, restructuring and finance teams. Practice co-head Michael Strenitz advised QuadraCir – formerly Asamer Holding – as co-lead counsel on debt restructuring, asset sale and liquidation matters, while other co-head Marcus Benes acted for Scholz Holding on the restructuring of a retail bond. Peter Winkler is another key contact.

Projects and energy Tier 2

At Eisenberger & Herzog, the team works in close conjunction with its regulatory, M&A and finance practices leading to particular expertise at this cross-section. Key contact for energy and infrastructure transactional work Marco Steiner advised an Austrian municipality on matters concerning the operation and sale of a biomass power plant to a regional company, and Tatjana Dworak, who heads the public law team in Klagenfurt, represented several wind farm operators in Carinthia in administrative proceedings. Public procurement team head Ulrike Sehrschön is another key contact.

Public procurement Tier 2

Eisenberger & Herzog is well versed in acting for public contracting entities and bidders in various stages of national and EU-wide tenders, including review proceedings with a focus on infrastructure and energy sector work. Ulrike Sehrschön and Wilhelm Offenbeck are the practice co-heads.

Employment Tier 3

Eisenberger & Herzog specialises in advising on matters at the interface between employment and HR, with expertise in management contracts and disputes. Key clients include ProSieben Sat.1 and Austrian Airlines; practice head Jana Eichmeyer is advising the former on the employment law aspects of a merger-related restructuring, and the latter on issues stemming from the partial shutdown of a subsidiary company.

Real estate Tier 3

Eisenberger & Herzog's strength lies in dealing with matters at the intersection with corporate and M&A, leading to regular transactional mandates. Alric Ofenheimer and Clemens Lanschuetzer acted for Immofinanz on the sale of its shopping centre portfolio in Russia to the Russian Fort Group, and together with Michael Strenitz, Lanschuetzer assisted a group of creditors of Steinhoff's subsidiary Hemisphere Properties with the sale of Kika-Leiner property assets in Austria and several CEE countries.

Capital markets Tier 4

With particular expertise in advising regulated industry clients, Eisenberger & Herzog acts for banking, insurance, transport and telecoms sector players on a wide range of capital markets transactions, while also providing compliance and regulatory advice. Team head Peter Winkler advises Fiba Beteiligungs- und Anlage, the controlling shareholder of Best Water Technology (BWT), on BWT's intention to delist from the Austrian stock exchange by merging with a non-listed subsidiary, and advised the target company Conwert Immobilien on Vonovia's voluntary takeover offer. In September 2017, Josef Schmidt joined from Davis Polk & Wardwell LLP.

Intellectual property Tier 4

As well as focusing on the IP elements of transactions, Eisenberger & Herzog deals extensively with trade mark matters and work that straddles IP and unfair competition law. Department head Andreas Zellhofer acted for long-term client Microsoft regarding software licensing and service agreements. The recommended Helmut Liebel advised new client Samsung on its investment in Austrian high-tech company TTTech, with the due diligence exercise aimed particularly at all IP-related licensing and co-operation agreements, as well as TTTech’s IP portfolio generally.

TMT Tier 4

Eisenberger & Herzog has IT work at its core but also handles data protection matters. Together with its public procurement practice, Andreas Zellhofer's team advised Big Bundesimmobiliengesellschaft on the outsourcing of its data centre by way of a public tender. The team also handles various local counsel instructions for Microsoft and most recently advised the client on cloud computing services provided to Austrian customers alongside software licensing and service agreements. Julia Kusznier joined Schindler Attorneys as counsel in February 2018.

The firm: With more than 70 lawyers at its offices in Vienna, Graz and Klagenfurt, Eisenberger & Herzog (E&H) ranks amongst Austria’s largest law firms. The firm is driven by a team of partners with an international background and practice. Thus, E&H is guided by a spirit of innovation, dedication and creativity. Throughout the lifetime of each project, partners assist their clients personally, ensuring quality, flexibility and efficiency.

With a well-established network of partner law firms all over Europe and strong ties with first-tier business law firms in the US and Asia, E&H has become one of the leading Austrian referral firms and premier addresses for international clients.

Areas of practice:
Banking and finance: E&H has established a unique position in the market by its interdisciplinary approach combining the firm’s top-tier corporate/M&A, restructuring and finance practice groups. The firm advises domestic and international banks, financial institutions, funds and other actors in the finance sector, as well as foreign governments.

Capital markets: E&H has a strong practice in debt and equity capital markets transactions. The firm advises on complex bond transactions, regulatory securities law matters and stock exchange listings. Work includes structuring, documentation and rendering legal opinions.

Central and Eastern Europe: providing expert advice on complex cross-border transactions, the CEE region is one of the most important strongholds of E&H’s practice. E&H has gained an excellent reputation in the market for its expertise in this area.

Corporate/M&A: E&H has a strong track record of advising on all aspects in relation to corporate and M&A and is widely recognised for the high-profile transactions entrusted to the firm. Apart from private and public mergers and acquisitions, the firm handles strategic partnerships, joint ventures, auction sales and takeovers of listed companies.

Competition: recognised as one of the leading Austrian law firms in this area, E&H represents clients in numerous cartel and abuse of dominance proceedings pending before the European and Austrian authorities. The firm also regularly advises clients in merger control proceedings at the European and national level. In addition, E&H has particular experience in internal investigations and compliance matters.

Dispute resolution: a well-trained team of experts handles litigations, arbitrations and settlements, ensuring that claims are adequately enforced in and out of court. Further, E&H serves as arbitrator in arbitration cases.

IP/IT: E&H supports clients active in a broad range of industries in effectively protecting their intellectual property, including trade marks, copyright works, software and know-how. The firm also has a specific focus on IT law and new media, and advises clients on complex projects at the interface of competition and IP/IT law.

Procurement law: due to its sector specific knowledge and grasp of clients’ businesses, E&H is a specialist in complex procurement law matters that require creative and innovative integrated solutions. The firm regularly advises clients on tender proceedings, including representation before review bodies, and covers all legal aspects of procurement transactions.

Public law and environment: E&H has a long-standing and well-known public law team with extensive knowledge and experience in all areas of public law, including environmental and planning law, pharmaceutical, energy and data protection law.

Real estate: E&H has a strong track record advising on all legal aspects in relation to real estate transactions and projects. E&H regularly advises on large portfolio transactions, real estate development projects and all types of real estate contracts.

Restructuring and insolvency: unlike any other law firm in Austria, E&H has a track record of successfully advising on restructurings, both as company’s counsel as well as lenders’ counsel. This is the immediate consequence of the firm’s strong position in the areas of corporate/M&A and finance.

Employment: E&H has particular expertise in advising clients in all areas of employment law, including HR matters, compliance and competition law. E&H is also strong in employment-related litigation.

White-Collar Defence: E&H represents clients in criminal investigations and proceedings, any connected civil claims, and (in cooperation with external media consultants) provides media relations support. Furthermore, E&H offers support during raids and prevention measures, such as staff trainings, codes of conduct and crisis communications strategies.

Department Name Email Telephone
Banking and finance Peter EJ Winkler
Banking and finance Marcus Benes
Banking and finance Josef Schmidt
Capital markets Peter EJ Winkler
Capital markets Nidal Karaman
Central and Eastern Europe Michael Strenitz
Corporate/M&A Alric A Ofenheimer
Corporate/M&A Marco Steiner
Corporate/M&A Peter EJ Winkler
Corporate/M&A Nidal Karaman
Corporate/M&A Clemens Lanschützer
Corporate/M&A Josef Schmidt
Competition and antitrust Dieter Thalhammer
Competition and antitrust Andreas Zellhofer
Competition and antitrust Judith Feldner
Dispute resolution Jana Eichmeyer
Employment Jana Eichmeyer
IT, IP and media Andreas Zellhofer
IT, IP and media Wilhelm Offenbeck
IT, IP and media Helmut Liebel
Public law and environment Georg Eisenberger
Public law and environment Ulrike Sehrschön
Public law and environment Tatjana Dworak
Real estate Alric A Ofenheimer
Real estate Michael Strenitz
Real estate Clemens Lanschützer
Restructuring and insolvency Alric A Ofenheimer
Restructuring and insolvency Marcus Benes
Photo Name Position Profile
Dr Marcus Benes  photo Dr Marcus Benes
Mag Dr Tatjana Dworak  photo Mag Dr Tatjana Dworak
Dr Jana Eichmeyer  photo Dr Jana Eichmeyer
Prof Georg Eisenberger  photo Prof Georg Eisenberger
Mag Judith Feldner  photo Mag Judith Feldner
Mag Dr Nidal Karaman  photo Mag Dr Nidal Karaman
Mag Dr Clemens Lanschützer  photo Mag Dr Clemens Lanschützer
Dr Helmut Liebel  photo Dr Helmut Liebel
Dr Alric Ofenheimer  photo Dr Alric Ofenheimer
Mag Wilhelm Offenbeck  photo Mag Wilhelm Offenbeck
MMag Josef Schmidt  photo MMag Josef Schmidt
Mag Ulrike Sehrschön  photo Mag Ulrike Sehrschön
Mag Mario Spanyi  photo Mag Mario Spanyi
Mag Marco Steiner  photo Mag Marco Steiner
Mag Michael Strenitz  photo Mag Michael Strenitz
Dr Dieter Thalhammer  photo Dr Dieter Thalhammer
Dr Peter Winkler  photo Dr Peter Winkler
Dr Andreas Zellhofer  photo Dr Andreas Zellhofer
Number of lawyers : 71
at this office : 50
Other offices : Graz
Other offices : Klagenfurt