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Eisenberger & Herzog

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

Austria

Administrative law and public sector
Administrative law and public sector - ranked: tier 2

Eisenberger & Herzog

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.

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Banking and finance
Banking and finance - ranked: tier 2

Eisenberger & Herzog

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.

Leading individuals

Marcus Benes - Eisenberger & Herzog

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Capital markets
Capital markets - ranked: tier 4

Eisenberger & Herzog

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
Commercial, corporate and M&A - ranked: tier 2

Eisenberger & Herzog

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.

Leading individuals

Peter Winkler - Eisenberger & Herzog

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EU and competition
EU and competition - ranked: tier 2

Eisenberger & Herzog

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.

Leading individuals

Dieter Thalhammer - Eisenberger & Herzog

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Employment
Employment - ranked: tier 3

Eisenberger & Herzog

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.

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Insolvency and corporate recovery
Insolvency and corporate recovery - ranked: tier 2

Eisenberger & Herzog

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.

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Intellectual property
Intellectual property - ranked: tier 4

Eisenberger & Herzog

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.

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Projects and energy
Projects and energy - ranked: tier 2

Eisenberger & Herzog

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.

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Public procurement
Public procurement - ranked: tier 2

Eisenberger & Herzog

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.

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Real estate
Real estate - ranked: tier 3

Eisenberger & Herzog

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.

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TMT
TMT - ranked: tier 4

Eisenberger & Herzog

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.

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Further information on Eisenberger & Herzog

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Austria

Offices in Graz and Vienna

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