The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Eisenberger & Herzog

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

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.

  • Other offices
  • 

  • Graz
  • 

  • Klagenfurt
  • 

  • Number of lawyers: 71
  • at this office: 50
  • Languages
  • English
  • French
  • German

Above material supplied by Eisenberger & Herzog.

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