Herbst Kinsky Rechtsanwalte GmbH > Vienna, Austria > Firm Profile

Herbst Kinsky Rechtsanwalte GmbH
DR KARL LUEGER-PLATZ 5
1010 VIENNA
Austria

Austria > Administrative law and public sector Tier 3

With a base of clients in the energy, healthcare, financial services and construction sectors, Herbst Kinsky Rechtsanwalte GmbH is especially recommended for its strength in public procurement matters, while advice on foreign direct investment proceedings is another notable proficiency of the team under the lead of Christoph Herbst. Valerie Mayer is well regarded for her work in the field of public commercial law, with her focus areas including investment and merger control matters.

Practice head(s):

Christoph Herbst

Other key lawyers:

Valerie Mayer; Stefan Lenzhofer

Testimonials

‘Herbst Kinsky has an outstanding reputation in the Austrian and the international regulatory law sector, in particular with regard to public procurement and investment control law. The team includes the hands-on individual Valerie Mayer, who provides successful support on public procurement and FDI-projects.’

‘Valerie Mayer is emphatic, efficient, assertive and focussed on the client’s needs. I highly recommend her.’

‘The team has an excellent reputation in the field of antitrust and competition law for many years. Valerie Mayer, has strongly strengthened the areas of merger and investment control. Since then, the firm has become an integral part of the antitrust and FDI community – both in Austria and on an international level.’

‘Valerie Mayer takes care of all antitrust and FDI proceedings for us and handles them in an efficient, committed, and extremely straightforward manner. She has a high level of professional competence in these areas.’

‘Extremely competent and still easy accessible.’

‘Stefan Lenzhofer: competent, diligent, careful and fast in response.’

‘Valerie Mayer is an excellent lawyer with profound knowledge in FDI and public procurement law topics. She is very responsive, easy to work with and very detail-oriented. I would definitely recommend her and would work with her again at any time. ’

‘Excellent specialist knowledge in constitutional, administrative, labour and social law.’

Key clients

Niederösterreichische Landesgesundheitsagentur

Province of Lower Austria

Illwerke vkw AG

TREIS Asia PT

3 i plc/Mait Group

GIS – Gebühren Info Service GmbH

STAR Capital Partnership LLP

IPS International Project & Safety Services Group

reebuild GmbH

Vienna University of Economics and Business

Work highlights

  • Advised Treis Asia Pte Ltd. as the majority shareholders of Cycleenergy Holding GmbH on an internal restructuring regarding the transfer of shares to non-EU-based special purpose vehicles.
  • Advised GIS, a subsidiary of Austrian broadcasting company ORF, in various proceedings relating to the VAT charge on ORF television licence fees.
  • Advised Illwerke vkw AG on the statutory right to amend agreements on prices for electricity in customer contracts under section 80 Austrian Energy Industry Organization Act.

Austria > Banking and finance Tier 3

Herbst Kinsky Rechtsanwalte GmbH provides comprehensive advice on market entries, asset and acquisition financing, and refinancings. Christoph Wildmoser, who leads the team alongside Christoph Herbst and Wolfgang Schwackhöfer, is also capable of advising on aviation financings. Herbst’s practice extends to the full range of banking and capital markets law, including regulatory matters as well as litigation, while Schwackhöfer primarily advises banking clients on their entry into the Austrian market.

Practice head(s):

Christoph Herbst; Wolfgang Schwackhöfer; Christoph Wildmoser

Testimonials

‘The work of Wolfgang Schwackhoefer and his team is always on point, timely, responsive and based on a high level of professionalism. It is simply fun to work with Wolfgang.’

Key clients

Egeria Capital Beheer B.V.

Banco Santander

Berenberg

DPE Deutsche Private Equity

Invision

Interbridge Europe u. Raisin Bank

Mondu GmbH + Raisin Bank

UniCredit Bank Austria

TFBank AB

Apera Asset Managemnet

Work highlights

  • Advised DPE Deutsche Private Equity in connection with the DPE Continuation Fund I and the related amendment of existing financing through a €780m continuation fund.
  • Advised Invision AG on the financing of the acquisition of the Austrian eduPRO Group from Luxempart German Investments S.A..
  • Advised Egeria, a family-owned pan-European investment company, on a €112m financing for the acquisition of Isoplus group.

Austria > Commercial, corporate and M&A Tier 3

Offering a ‘perfect balance of expertise, speed and pragmatism’, Herbst Kinsky Rechtsanwalte GmbH Kinsky remains a household name in the venture capital and start-up field. The team is jointly steered by Phillip Dubsky, the ‘highly skilled’ Philipp Kinsky, Florian Steinhart, and Christoph Wildmoser. Dubsky has a focus on advising tech companies on M&A and private equity transactions, whereas Wildmoser mainly advises private equity investors and corporates and contributes to the firm’s cross-border offering, which was further strengthened with the arrival of Johanna Höltl from DLA Piper in January 2023.

Practice head(s):

Phillip Dubsky;Philipp Kinsky; Florian Steinhart; Christoph Wildmoser

Other key lawyers:

Testimonials

‘Extremly experienced, dedicated, commited. Deliver always on time.’

‘What makes the team unique is the perfect balance of expertise, speed and pragmatism.’

‘The team has a very strong combination of skills, dedication and a personal touch to make clients feel comfortable when choosing them. ’

Philipp Kinsky is a highly skilled, dedicated and pleasant individual and stands out in terms of the quality of interactions and outputs. ’

‘They always make time to explain things in detail. They are super informed about every aspect of the matter.’

‘The firm offers quick access to the relevant matter expert. Each expert is excellent in their area,  highly customer-oriented, focussed on understanding the customer’s problem and offering feasible solutions in short time.’

‘Good industry knowledge and pragmatic approach.’

‘Alexander Lotz did a great job in pushing a difficult deal over the line.’

Key clients

UNIQA Insurance group

EMZ Partners

Intel Capital Corp

Province of Lower Austria

Nestlé SA

Storylution

Woom

Neoh Invest AG

basic AG

Work highlights

  • Advised UNIQA Insurance Group as shareholder of listed STRABAG SE on a new syndicate with Haselsteiner Group and a mandatory tender offer.
  • Advised Nestlé SA on the acquisition of pro medico Handels GmbH, a distribution company active in the trade of food supplements manufactured by Nestlé, by an Austrian group company of Nestlé SA.
  • Herbst Kinsky advised NÖ Landes-Beteiligungs GmbH on the increase of its shareholding in Flughafen Wien AG, the operator of Vienna airport.

Austria > Capital markets Tier 4

Herbst Kinsky Rechtsanwalte GmbH is capable of handling public takeovers, public offerings through crowd investing platforms, and alternative financial offerings, and the team also regularly advises on bond issuances, public offerings and shareholding matters. Practice head Philipp Kinsky is described as ‘one of the most experienced and best lawyers in Austria when it comes to start-ups’. Johannes Frank has been promoted to partner in January 2023 and is a key contact for alternative investment fund-related work.

Practice head(s):

Philipp Kinsky

Other key lawyers:

Phillip Dubsky; Johannes Frank

Testimonials

‘For me, Herbst Kinsky is one of the leading law firms in the field of start-up and venture capital both in Austria, but also beyond its borders.’

‘Philipp Kinsky is definitely one of the most experienced and best lawyers in Austria when it comes to start-ups – both in the field of fund investments and direct investments. Due to his extensive experience he is able to assess difficult situations very well, and to get the best out of them for his clients without loss of face for any of the parties involved.’

‘The entrepreneurial approach is unique.’

‘Dr. Philipp Kinsky: The best lawyer in Austria – personally and professionally – with perfect entrepreneurial thinking skills.’

Key clients

Uniqa Insurance Group

Biogena GmbH & Co KG

Illwerke vkw AG

dagobertinvest AG

handcheque GmbH

Marinomed Biotech AG

Neoh AG Group

NÖ Landes-Beteiligungs GmbH

United Benefits Holding

Wolftank – Adisa Holding AG

Work highlights

  • Advised UNIQA Insurance Group as shareholder of STRABAG SE on the new syndicate with Haselsteiner Group and the mandatory tender offer.
  • Advised Biogena on the issuance of a €10m bond, including cross-border transactions with Switzerland and Germany, and a capital market prospectus.
  • Advised dagobertinvest AG in connection with capital increase under the ESCP Regulation on European Crowdfunding Service Providers, with a total volume of €2m.

Austria > Data privacy and data protection Tier 4

Bringing together ‘in-depth know-how with broad experience,’ Herbst Kinsky Rechtsanwalte GmbH assists clients in ensuring they are GDPR-compliant, while also representing them before the Austrian data protection authority and national courts. The team additionally handles the data protection aspects of M&A deals and due diligence processes. The ‘outstanding’ Sonja Hebenstreit spearheads the firm’s data protection work with particular expertise in the life sciences sector, handling the spectrum of data protection matters in addition to licensing and unfair competition work.

Practice head(s):

Sonja Hebenstreit

Testimonials

‘We enjoy working with Herbst Kinsky a lot – they combine in-depth know-how with broad experience, and their advice is straight to the point and pragmatic. Very experienced people with a lot of know-how.’

‘The outstanding Sonja Hebenstreit and her excellent team always provide great advice. They understand the needs of the client and support us in a very precise but pragmatic way. They are proactive and reliable, and also a good sparring partner when discussing new solutions.’

‘The team is very human and explains things straightforwardly.’

‘They always make time to explain things in detail. They are super informed about every aspect that is going on.’

‘Their ability to navigate complex legal issues and provide clear, insightful guidance has been invaluable to us.’

‘The team has a quick grasp and prepares the respective topic in a practical way.’

‘Sonja Hebenstreit is clear in her language and does not get bogged down in legal quibbles that are irrelevant in practice.’

Key clients

Probando GmbH

Boritea GmbH

Cirse Society

Next Research GmbH

Profem

FIMA/FITINN

Timebite Solutions GmbH

Carployee GmbH

invIOs/Apeiron Group

VR Motion Learning GmbH

Work highlights

  • Advised Probando on commercial and data protection matters, most recently regarding its new service, Probando Pay.
  • Advised CIRSE Society and Next Research Group regarding GDPR compliance and the establishment and negotiation of respective contracts and documents, with a particular focus on clinical research.
  • Acted for FIMA/FITINN Group regarding GDPR compliance and represented the group companies in several proceedings before the Austrian data protection authority.

Austria > Dispute resolution: commercial litigation Tier 4

Led by the ‘outstanding’ Stephan Lenzhofer, Herbst Kinsky Rechtsanwalte GmbH‘s ‘competent and reliable’ dispute practice is reputed for the depth of its expertise in matters related to public law, and regularly acts for banks, insurance, and pharmaceutical companies as well as manufacturers. Lenzhofer combines knowledge of both public and private law, with focus areas including banking, capital markets and insurance law.

Practice head(s):

Stephan Lenzhofer

Other key lawyers:

Christoph Herbst

Testimonials

‘They explain things straight forwardly.’

‘They always make time to explain things in detail. They are very informed about every relevant aspect of a matter.’

‘Competent, fast responding, diligent.’

‘Stephan Lenzhofer: very kind, competent, diligent, fast responding and outstanding person.’

‘Professional excellence linked with a good sense for economic and practical requirements.’

‘Very commercially minded; great response time; the team is always one step ahead; profound know-how; the firm delivers on point.’

‘Stephan Lenzhofer is very empathetic but also sharp. He has an excellent understanding for the needs of his client and the opponent.’

‘A competent and reliable team.’

Key clients

GIS Gebühren Info Service GmbH

Optimist Inc.

Mahmoud Charr

Deloitte Tax Wirtschaftsprüfungs GmbH

ESIM Chemicals GmbH

 

Work highlights

  • Represented GIS in a class action brought against GIS and ORF regarding an allegation of unauthorised collection of 10% VAT.
  • Advised Optimist Inc. on claims arising from the construction of the James Bond Museum in a major Austrian ski resort.
  • Represented three former members of the supervisory board of Kommunalkredit Austria AG, who had been appointed by the former shareholder Dexia, in complex proceedings regarding the alleged breach of the duty of care before and during the financial crisis.

Austria > Employment Tier 4

Led by Christoph Ludvik, Herbst Kinsky Rechtsanwalte GmbH‘s ‘outstanding and highly recommendable’ team offers experience in an array of employment matters, including issues related to the implementation of whistleblowing systems and labour law topics in the context of M&A transactions. A particularly active disputes practice is another feature of the team, which regularly represents its clients in court proceedings and in collective labour law disputes with work councils and trade unions.

Practice head(s):

Christoph Ludvik

Testimonials

‘Economic approach in legal consulting.’

‘engaged and on-time delivery.’

‘Outstanding and highly recommendable team.’

‘Christoph Ludvik is a proven expert for employment law, diligent, and fast responding.’

 

Key clients

Vivatis Holding

cargo-partner gmbh

CAE Inc.

GIS Gebühren Info Service GmbH

GG Casting Solutions

Isovolta AG

Österreichischer Genossenschaftsverband

accilium GmbH

Constantia Services GmbH

AIG Europe S.A.

Work highlights

  • Advised ISOVOLTA AG on restructuring issues, crisis management, and social plan negotiations.
  • Advised VIVATIS on restructuring issues, the digitalization of work processes, employee data protection, working time queries and collective bargaining agreements.

Austria > EU and competition Tier 4

Herbst Kinsky Rechtsanwalte GmbH‘s competition team is instructed by both domestic and international clients on merger and FDI control hearings, taking on Phase I and II proceedings before Austria’s competition authorities. The team is led by a three-person team consisting of Christoph Herbst, who is a judge on Austria’s Constitutional Court, Sonja Hebenstreit, who advises on antitrust matters in addition to merger and investment control issues, and Valerie Mayer, who frequently appears before cartel regulators and courts in merger proceedings.

Practice head(s):

Sonja Hebenstreit; Christoph Herbst; Valerie Mayer

Testimonials

‘High engagement, smart argumentation, extraordinary reliability.’

‘The team is very dedicated to its clients and well-connected to colleagues abroad.’

‘Valerie Meyer is a talented young lawyer. It is easy to work with her and she is highly committed to the matter at hand.’

‘We have worked with the Herbst Kinsky team on various transactions in Austria and for most of them the team was fully in charge of the whole merger control process. Their work was very professional, efficient and the collaboration was very easy.’

‘Valerie Mayer is an excellent lawyer, always very attentive and hard-working. The daily collaboration with her is pleasant, she is detail-oriented and has a very good knowledge of the merger control mechanisms in Austria, which helped us greatly in closing transactions.’

‘Valerie Mayer is our key contact and practice group leader of Herbst Kinsky’s EU and antitrust law practice.  The team is terrifically organized, trained and supervised by Valerie. She has built up a strong practice for EU and competition law.’

‘Valerie is an absolute pleasure to work with. Her legal skills are extraordinary, which ensures her advice is always well-argued and comprehensible. Valerie ensures that her advice is pragmatic and hands on, taking into account the peculiarities of the specific matter.’

Key clients

illwerke vkw AG

Terreal Holding S.A.S.

T-Mobile Austria GmbH

Nestlé S.A.

Viessmann Group GmbH

Heise Medien GmbH & Co KG

Norsk Hydro ASA

Treis Asia Pte Ltd.

Invision AG

Star Capital Partnership LLP

Work highlights

  • Advised Terreal Holding S.A.S. in merger proceedings before the Austrian Cartel Court in the course of the acquisition of all of its shares by Wienerberger AG.
  • Assisted an Austrian energy producer with antitrust-related issues in connection with a long-term exclusive energy supply agreement with a major German energy provider.
  • Represented Norsk Hydro ASA in Austrian merger proceedings before the Austrian Federal Competition Authority and the Austrian Federal Cartel Prosecutor regarding the intended acquisition of all shares in Eduard Hueck GmbH & Co. KG and EH Extrusion Verwaltungs GmbH.

Austria > Intellectual property Tier 4

Trade mark, copyright, unfair competition and advertising mandates all fall under the umbrella of Herbst Kinsky Rechtsanwalte GmbH‘s IP practice, which specialises in advising start-ups. With its strong industry focus on the pharmaceutical, biotech and IT sectors, the team works closely with the M&A team to handle IP-heavy transactions, while also taking on cancellation and opposition proceedings. Leading the team is Sonja Hebenstreit, whose ‘amazing expertise’ spans licensing and IT issues. Hebenstreit is noted for her extensive experience in advising life sciences clients.

Practice head(s):

Sonja Hebenstreit

Testimonials

‘Prompt, efficient and qualified turn-arounds of enquiries made, international orientation.’

‘Sonja Hebenstreit is my key contact, always able to compose a team suitable for the task at hand.’

‘We enjoy working with Herbst Kinsky a lot – they combine in-depth know how with broad experience, and their advice is straight to the point and pragmatic. Very experienced people with a lot of know-how.’

‘Outstanding team head Sonja Hebenstreit and her excellent team always provide great advice in intellectual property matters. They understand the needs of the client and support us in a very precise but pragmatic way.’

‘The Herbst Kinsky team combines outstanding expertise with a pragmatic approach and quick turnaround times. Sonja Hebenstreit is extremely experienced and easy to work with. The collaboration with her and her team is always a pleasure.’

‘Sonja Hebenstreit is a very experienced IP lawyer with amazing expertise and at the same time easy to work with. She concentrates on the right issues and is very effective. A particular stand-out is her expertise in patent and know-how licensing matters.’

‘We love to work with Herbst Kinsky because they provide advice straight to the point. They have a lot of experience and expertise in basically all IP matters.’

‘Sonja Hebenstreit provides great expertise and experience in IP matters, especially in a life sciences context. She is also an extremely reliable person and very pleasant to work with.’

Key clients

Alpha Republic GmbH

Biogena group

Speedinvest

Cirse Society

BRA Trading & Service GmbH

Funline International

MARKS & US LAWYERS, MARCAS Y PATENTES S.L.P

OncoOne

Helu.io

Tower 10

Dotbite

Vienna Textile Lab

B.A.C.K. Grafik und Multimedia GmbH

Work highlights

  • Advised Alpha Republic GmbH on various unfair competition, trade mark and copyright matters.
  • Assisted Vienna Textile Lab with patent and know-how licensing matters.
  • Acted for the Cirse Group regarding its trade mark portfolio, including trade mark registration and opposition proceedings.

Herbst Kinsky, founded in 2005, has become one of Austria’s leading law firms. In less than a decade, we have earned a reputation for providing the highest quality legal advice and representation to our clients. We specialize in matters that require extensive experience, a high level of sophistication and individual attention by our partners. Our firm with more than 28 lawyers consistently ranks at or near the top of the market in each of our core practice areas.

In 2005, our founding partners combined their talents to create a new type of law firm, built on an ethic of hard work, commitment and quality that has nurtured the firm’s dynamic growth. Yet we are not, and do not strive to become, the largest Austrian firm measured by number of lawyers. We operate at a ratio of partners to associates far above that of our major competitors, and matters undertaken by our firm receive the direct personal attention of partners having expertise and sophistication with respect to these issues.

What motivates us on every single day is the curiosity and openness we espouse with regard to new developments in the field of law and business, and our enjoyment of working to provide legal satisfaction. Our success is the result of the quality of our lawyers. From its beginning, our firm has strived to develop the most broadly and deeply trained collection of attorneys. We accomplish this by hiring only exceptional law students who participate in our unique training system: rather than limiting our associates to specialize early on, we make every effort to ensure that each of our team members works on a broad range of transactions. We believe that the experience our attorneys have makes them well-rounded counselors to our clients. The result are attorneys with diverse areas of knowledge and extraordinary professional judgment.

Department Name Email Telephone
Public Law Christoph Herbst christoph.herbst@herbstkinsky.at +4319042180-0
Commercial, Corporate Law and M&A; Capital Markets Law Philipp Kinsky philipp.kinsky@herbstkinsky.at +4319042180-0
Commercial, Corporate Law and M&A, Banking and Finance Wolfgang Schwackhöfer wolfgang.schwackhoefer@herbstkinsky.at +4319042180-0
Commercial, Corporate Law and M&A; Capital Markets Law Phillip Dubsky phillip.dubsky@herbstkinsky.at +4319042180-0
Commercial, Corporate Law and M&A, Banking and Finance Christoph Wildmoser christoph.wildmoser@herbstkinsky.at +4319042180-0
IP; Data Privacy and Data Protection Sonja Hebenstreit sonja.hebenstreit@herbstkinsky.at +4319042180-0
Commercial, Corporate Law and M&A Florian Steinhart florian.steinhart@herbstkinsky.at +4319042180-0
Commercial, Corporate Law and M&A; Capital Markets Law Johannes Frank johannes.frank@herbstkinsky.at +4319042180-0
Dispute Resolution; Administrative and Public Law Stephan Lenzhofer stephan.lenzhofer@herbstkinsky.at +4319042180-0
Commercial, Corporate Law and M&A, Banking and Finance Carl Walderdorff carl.walderdorff@herbstkinsky.at +4319042180-0
German
English
French
Italian
Spanish
Multi Law

Herbst Kinsky, founded in 2005, has become one of Austria’s leading law firms. In less than a decade, we have earned a reputation for providing the highest quality legal advice and representation to our clients. We specialize in matters that require extensive experience, a high level of sophistication and individual attention by our partners. Our firm with more than 30 lawyers consistently ranks at or near the top of the market in each of our core practice areas.

Our founding partners combined their talents to create a new type of law firm, built on an ethic of hard work, commitment and quality that has nurtured the firm’s dynamic growth. Yet we are not, and do not strive to become, the largest Austrian firm measured by number of lawyers. We operate at a ratio of partners to associates far above that of our major competitors, and matters

undertaken by our firm receive the direct personal attention of partners having expertise and sophistication with respect to these issues. What motivates us on every single day is the curiosity and openness we espouse with regard to new developments in the field of law and business, andour enjoyment of working to provide legal satisfaction. Our success is the result of the quality of our lawyers. From its beginning, our firm has strived to develop the most broadly and deeply trained collection of attorneys. We accomplish this by hiring only exceptional law students who participate in our

unique training system: rather than limiting our associates to specialize early on, we make every effort to ensure that each of our team members works on a broad range of transactions. We believe that the experience our attorneys have makes them well-rounded counsellors to our clients. The result are attorneys with diverse areas of knowledge and extraordinary professional judgment.

Main Areas of Practice
  • Banking and
  • Capital Market Law, Financing.
  • Commercial.
  • Corporate,
  • M&A and Private Equity.
  • Data Protection Law.
  • Employment and Social Security Law.
  • Insurance Law.
  • Intellectual Property & Unfair Competition.
  • IT & Technology.
  • Life Sciences.
  • Litigation & Arbitration.
  • Merger Control, Anti-Trust and Investment Control.
  • Public Commercial Law.
  • Real Estate.
  • Restructuring and Insolvency.
  • Sports.
  • Sustainability.
  • Tax.
  • Venture Capital & Start-Up.
Department Name Email Telephone
Life Sciences, Healthcare; IP; IT; Data Dr. Sonja Hebenstreit sonja.hebenstreit@herbstkinsky.at +4319042180
Corporate/M&A; Banking&Finance; Dispute Resolution Dr. Wolfgang Schwackhöfer wolfgang.schwackhoefer@herbstkinsky.at +4319042180
Public Commercial Law; Corporate; Dispute Resolution Dr. Christoph Herbst christoph.herbst@herbstkinsky.at +4319042180
M&A/VV/Startup; Capital Markets Dr.Philipp Kinsky philipp.kinsky@herbstkinsky.at +4319042180131
M&A; Banking&Finace; VC Dr. Christoph Wildmoser christoph.wildmoser@herbstkinsky.at +4319042180