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Eisenberger & Herzog

VIENNA TWIN TOWER, WIENERBERGSTRASSE 11, 1100 VIENNA, AUSTRIA
Tel:
Work +43 1 606 36 47
Web:
www.ehlaw.at
Graz, Vienna

MMag Josef Schmidt

Tel:
Work +43 1 606 36 47 306
Email:
Web:
www.ehlaw.at/en/profile/josef-schmidt/
Eisenberger & Herzog

Work Department

Banking & Finance and Corporate/M&A

Position

Josef Schmidt is a partner in our Vienna office and a member of our banking & finance and corporate and M&A practice groups. He specializes in capital markets transactions, M&A, and restructuring.

Career

Before he went to London to work as a lawyer for the prestigious Wall Street law firm Davis Polk & Wardwell LLP, Josef had already spent several years as an associate at Eisenberger & Herzog. He eventually rejoined our firm in September 2017 as a partner.

Languages

German and English

Member

Austrian Bar Association

Education

University of Vienna (Mag iur), Vienna University of Economics and Business (Mag. Rer. Soc. Oec.), Harvard Law School (LLM)


Austria

Banking and finance

Within: Banking and finance

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.

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Capital markets

Within: Capital markets

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.

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Commercial, corporate and M&A

Within: Commercial, corporate and M&A

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.

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Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • 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
  • Stop! Wait! Move! – No longer Stamp Duty for Residential Homes

    On 12 October 2017, right in a last minute attempt to win undecided voters for one of the political parties, the leaving members of parliament enacted a new tax law. While fundamental changes to the Austrian Tenancy Law had been vividly discussed between the socialist and the conservative parties in recent years, the new law on the abolition of stamp duty falls completely short of what could have been achieved.
    - Dorda
  • European Court of Human Rights: Employers have limited rights to monitor employee communications at

    A landmark decision was issued yesterday (Judgement Bărbulescu v. Romania), a source of debate in the media , in which the European Court of Human Rights clarified the restrictions on monitoring employees in the workplace.