Herbst Kinsky Rechtsanwalte GmbH > Linz, Austria > Firm Profile

Herbst Kinsky Rechtsanwalte GmbH
Hopfengasse 23
4020
Austria

Austria > Administrative law and public sector Tier 3

Herbst Kinsky Rechtsanwalte GmbH comfortably operates across state aid, public banking, public procurement, and trade law. Recent work highlights include the representation of a client in administrative criminal proceedings under the Medicines and Medicinal Products Import Act. Leading the department, Christoph Herbst is renowned for his expertise in public commercial law, while Valerie Mayer is a key contact for foreign direct investment (FDI) matters, which are another specialism of the firm.

Practice head(s):

Christoph Herbst

Other key lawyers:

Stephan Lenzhofer; Valerie Mayer

Testimonials

‘They cover all essential areas of law professionally and work in a practical and reliable manner, providing prompt and profound feedback.’

Key clients

ORF Beitragsservice GmbH

Illwerke vkw AG

Kammer für Arbeiter und Angestellte für Wien

Everfield UK Ltd

Austrian Pharmacy

Niederösterreichische Landesgesundheitsagentur

mRaP GmbH (Hello Cash)

Maguar Capital Partners

Valsoft Corporation Inc.

Star Capital Partnership LLP

Invision AG

Work highlights

  • Advised ORF-Beitrags Service GmbH on the conversion of the financing of public broadcasting from a programme fee to a household levy.
  • Advised the Vienna Chamber of Labour on an amendment proposal for certain legal provisions of the Electricity Industry and Organisation Act 2010 regarding electricity price increases for end customers.
  • Advised Niederösterreichische Landesagentur on public law and public procurement law regarding the total contractor for the St. Pölten University Hospital.

Austria > Banking and finance Tier 3

Herbst Kinsky Rechtsanwalte GmbH is capable of advising on the full gamut of structured finance, refinancing, and restructuring with a noteworthy focus on acquisition finance, cryptocurrency matters, and financings backed by export credit agencies. A reputed expert for supervisory regulations, Christoph Herbst heads the department alongside Christoph Wildmoser, who is sought out by both lenders and borrowers for syndicated lending transactions and offers niche expertise in aviation and rail finance.

Practice head(s):

Christoph Wildmoser; Christoph Herbst

Other key lawyers:

Wolfgang Schwackhöfer

Testimonials

‘They are very responsive and professional in their work.’

‘Smooth and excellent advice. ‘

‘Christoph Wildmoser is very solution-oriented and can draw on in-depth knowledge when providing advice.’

‘Particularly noteworthy is the prompt and fast service with great accuracy,’

‘Wolfgang Schwackhäfer is very reliable, open, and friendly. He knows the market, provides quick and high-quality answers, and thinks for himself. In short: perfect.’

Key clients

Banco Santander

Credit Agricole Corporate and Investment Bank

JP Morgan Chase

Commerzbank AG

Deutsche Bank AG

Blackrock

Maguar Capital

EMZ Partners

Austrian Growth Capital Fund

SENOVO CAPITAL FUND III and PROJECT A VENTURES III

Westbahn GmbH

Work highlights

  • Advised Banco Santander, Credit Agricole Corporate and Investment Bank, and JP Morgan Chase as lenders on all Austrian law matters in connection with a $220m credit agreement and a $72m green credit agreement for the conversion and modernisation of two hydropower plants in Mexico.
  • Advised Commerzbank, Swiss Capital European Private Debt Funds, and Glas SAS on all Austrian law matters in respect of the accession of a further borrower to a €40m financing provided for the acquisition of Heizkurier Group by Nord Holding.    
  • Herbst Kinsky advised Valantic Group on the amendment of an existing financing by introducing an additional €235m facility and the accession of additional borrowers.

Austria > Commercial, corporate and M&A Tier 3

Geared to support clients with both private and public M&A deals, Herbst Kinsky Rechtsanwalte GmbH demonstrates strength in private equity transactions, with noteworthy experience in the transport and technology segments. Key contacts in the team include Philipp Kinsky, who exemplifies the firm’s vast knowledge of the startup sector and is described by clients as an ‘outstanding and compassionate lawyer’, and Christoph Wildmoser, who excels in M&A and corporate finance matters.

Other key lawyers:

Phillip Dubsky; Philipp Kinsky; Florian Steinhart; Christoph Wildmoser

Testimonials

‘Great service, highly knowledgeable.’

‘Working with Philipp Kinsky is an exceptional experience that sets a new standard for what it means to have a truly outstanding and compassionate lawyer on your side. Philipp stands out not just because of his deep legal knowledge and expertise, but also because of his remarkable dedication to his clients. What makes him different from competitors is his ability to combine strategic thinking with a genuine empathy for the people he represents.

‘Competent, responsive, focused and pragmatic.’

‘Very solution-oriented approach.’

‘High availability, good know-how of technology sector.’

‘Their experience in corporate governance, venture debt and fundraising is apparent.’

 ‘The firm has cultivated an environment where different viewpoints are respected and integrated into their work, leading to more well-rounded solutions.’

‘Herbst Kinsky truly stands out due to its exceptional combination of expertise, client-focused service, and forward-thinking innovations. What makes this practice unique is its deep commitment to understanding and prioritizing client needs. The team goes beyond simply providing legal advice; they become partners in your journey, offering strategic guidance tailored to your specific situation.’

Key clients

Statkraft Ventures

Zouk Capital

Refurbed

Maguar Capital Management

Valsoft

Everfield UK Ltd.

Insort

Leder & Schuh

BP plc

Hydrogrid

Work highlights

  • Advised Maguar Capital Partners on entering into a strategic partnership with TimeTac, a leading provider of software solutions for digital time recording based in Graz.

Austria > Capital markets Tier 4

Praised by clients for ‘above-average commitment and know-how’, Herbst Kinsky Rechtsanwalte GmbH‘s areas of expertise include public offerings and takeovers, private placements of public listed companies and employee stock option programs for public listed companies. Leading the team, Philipp Kinsky combines vast knowledge of capital markets law with strength in corporate law and M&A.

Practice head(s):

Philipp Kinsky

Other key lawyers:

Christoph Renner; Johannes Frank

Testimonials

‘The attorneys at Herbst Kinsky always impress with their above-average commitment and know-how. Especially in time-critical matters, their willingness to really do their best for their clients is evident.’

‘Johannes Frank and Christoph Renner impress with their high level of empathy and professional competence, and go the extra mile for their clients.’

‘Young motivated team with extensive understanding across a variety of topics.’

‘Philipp Kinsky hat a long-term experience and works with a practical approach and great deal-making expertise.’

‘They are unique because they are not just legally perfectly competent, but also have a strong sense for economic topics.’

‘Philipp Kinsky is an impressive lawyer.’

Key clients

Uniqa Österreich Versicherungen AG

Wolftank Adisa

Biogena Group Invest AG

Round2

C&P Immobilien AG

NEOH Invest AG

dagobertinvest

Marinomed Biotech

Rendity

XISTA

Work highlights

  • Advises UNIQA Versicherungs AG as shareholder of the listed STRABAG SE in connection with capital cut measures of STRABAG for the intended dilution of RASPERIA’s shareholding below 25%.
  • Advised Biogena on its own issue of a bond in the amount of up to €6m.
  • Advised xista science ventures II regarding the foundation and structuring of an EuVECA-Fund which will invest primarily in start-up companies within Austria and the EU.

Austria > Data privacy and data protection Tier 4

Herbst Kinsky Rechtsanwalte GmbH provides clients with ‘insightful, tailored solutions’ to their data protection challenges, helping them draft data protection policies and ensure compliance with GDPR and other regulatory frameworks. Heading the team is Sonja Hebenstreit, whose data protection practice sits alongside her IP work, assists clients with the implementation of GDPR and the management of customer data in relation to the development of new apps and other customer portals.

Practice head(s):

Sonja Hebenstreit

Testimonials

‘Herbst Kinsky’s Data Privacy and Data Protection team is characterised by its comprehensive legal advice in data protection matters, including representation before data protection authorities and courts.’

‘Very innovative team in data protection law, up to date, very practical.’

‘A young and very high spirited team! Herbst Kinsky offer insightful, tailored solutions that directly address the unique needs of each client. Potential clients should know that this team excels in handling complex cases with a high level of precision and creativity.’

‘Sonja Hebenstreit doesn’t just address the legal issues at hand; she anticipates potential challenges and opportunities, offering solutions that are not only effective but also innovative. Sonja doesn’t work in isolation; she actively engages with his team and clients, ensuring that every perspective is considered.’

Key clients

Genera Printer GmbH

4U Hospitality GmbH

Schaumann & Partners

Biogena GmbH & Co KG

DoN SG BRANDS GmbH

invIOs/Apeiron Group

42 Vienna | education for digital excellence GmbH

Carployee GmbH

Next Research GmbH

CIRSE Cardiovascular and Interventional Radiological Society of Europe

Work highlights

  • Advised Biogena on the introduction of its customer app and the design of its own central customer loyalty programme.
  • Advised VAPIANO Austria in relation to the implementation of a customer loyalty programme.
  • Appointed as CIRSE’s data protection officer and supported the association in implementing and maintaining data protection compliance.

Austria > Dispute resolution: commercial litigation Tier 4

Herbst Kinsky Rechtsanwalte GmbH is well known for regulatory expertise and a track record of litigation in the public sector and advises on contractual, corporate, and product liability disputes. Exemplifying the team’s broad capabilities, practice head Stephan Lenzhofer combines vast knowledge of public and civil law with focus areas such as contentious insurance matters and class actions.

Practice head(s):

Stephan Lenzhofer

Other key lawyers:

Christoph Herbst

Testimonials

Excellent knowledge. Excellent standing. Very short response times. Very meticulous.’

‘What makes this firm unique is the perfect blend of expertise, efficiency, and personalised attention. The team stands out with deep knowledge across various legal areas and a strong strategic focus.’

‘They have exceptional dedication, responsiveness, and attention to detail. They go beyond standard legal advice, offering tailored solutions that align perfectly with client goals. Their ability to anticipate challenges and proactively address them is impressive.’

Key clients

ORF-Beitrags Service GmBH

Deloitte

Work highlights

  • Represented three former members of the supervisory board of a nationalised bank in complex proceedings regarding the alleged breach of the duty of care.
  • Represented OBS in proceedings regarding VAT on fees for public financing of state broadcasting.
  • Represented Deloitte against claims of the former Minister of Finance of Austria, Karl-Heinz Grasser,  with respect to provisions of alleged wrong advice.

Austria > EU and competition Tier 4

Herbst Kinsky Rechtsanwalte GmbH is often called upon by clients facing Phase II merger control proceedings, and is also well versed in navigating Austrian FDI requirements. Leading the practice is a three-person team made up of Sonja Hebenstreit and Christoph Herbst (the latter is also a member of the Austrian Constitutional Court), both of whom handle antitrust matters, and Valerie Mayer, who takes the lead on merger and FDI control issues.

Practice head(s):

Sonja Hebenstreit; Christoph Herbst; Valerie Mayer

Key clients

Terreal Holding S.A.S.

Creaton South East Europe Kft/Creaton Polska sp. z.o.o./Creaton Steildach GmbH

Illwerke vkw AG

TX Logistik AG/Ferrovie delle Stato Italiane

Leder & Schuh AG

Viessmann Group GmbH & Co KG

Invision AG

Star Capital Partnership LLP

Everfield UK Ltd.

Valsoft Corporation Inc.

Work highlights

  • Represented Terreal Holding S.A.S. in a Phase II merger control proceeding before the Vienna Higher Regional Court during the course of the acquisition of a significant part of the Terreal group.
  • Advised Creaton South East Europe Kft, Creaton Polska sp. z.o.o., Creaton Steildach GmbH Hungary, Poland and Austria in a Phase II merger proceeding before the Vienna Higher Regional Court in relation to its acquisition by Swisspor Holding AG.
  • Advised illwerke vkw AG on antitrust-related issues connected to a long-term exclusive energy supply agreement with a major German energy supplier.

Austria > Intellectual property Tier 4

Herbst Kinsky Rechtsanwalte GmbH oversees the trade mark and copyright portfolios of both domestic and international clients, with particular expertise in acting for clients in the IT, biotech and life sciences sectors. Sonja Hebenstreit heads the group, handling trade mark registration applications before the Austrian Patent Office, EUIPO and WIPO. Irmgard Nemec handles trade mark clearance searches and assists clients in negotiating licence agreements.

Practice head(s):

Sonja Hebenstreit

Other key lawyers:

Testimonials

‘The Herbst Kinsky team is practical and manages to present even difficult topics clearly and comprehensibly.’

‘Sonja Hebenstreit is a good and experienced lawyer who always offers excellent solutions based on her extensive experience.’

‘Sonja Hebenstreit and her team have been providing outstanding legal services to us over many years. They understand the business, the needs of the customers, and are able to develop pragmatic solutions which are precise, to the point and without fuss.’

‘Sonja Hebenstreit is not only a true expert in her area of expertise, she is also an absolutely pleasant person to work with. Due to her charming demeanour she manages to negotiate the best results and even our counterparts still love her afterwards. To have her on your team is a real asset and often a game changer.’

Key clients

Speedinvest GmbH

Alpha Republic GmbH

Inmox GmbH

Austrian Association for Pneumology

Vitus Vitality GmbH/Biogena group

Booster Pilates AG

CIRSE

Tower 10

Vienna Textile Lab

Ygion biomedical GmbH

Work highlights

  • Advised Speedinvest on an ongoing basis in trade mark matters, including registration proceedings at the WIPO, EUIPO and Austrian Patent Office, in opposition proceedings and in drafting and negotiating coexistence agreements.
  • Advised Alpha Republic GmbH on trade mark and copyright matters tied to the launch of new products and related designs.
  • Advised Biogena on issues relating to the marketing of its food supplements and the implementation of new distribution and marketing concepts.

Austria > Employment Tier 5

Herbst Kinsky Rechtsanwalte GmbH is proficient in employment law advice related to outsourcing transactions, M&A, and the privatisation of public enterprises and covers transfers of undertakings, employee data protection as well as disputes between employers and works councils. Co-head Anna Diensthuber specialises in immigration matters, administrative penalty proceedings, and virtual employee stock option programs steers the team alongside Johanna Pincolits, who joined the team in June 2024 from Schima Mayer Starlinger Rechtsanwälte GmbH and is a name to note for employment contracts and employee terminations.

Practice head(s):

Anna Diensthuber; Johanna Pinczolits

Testimonials

 ‘The team is passionate and diverse in terms of people, mindset, and areas of law. The impression of this law firm is modern and approachable, which is essential these days, as it helps clients feel understood.’

‘Very customer orientated, very good at explaining the background of the law.’

‘Johanna Pinczolits is very patient in explaining and engaged in finding the best solution for the client.’

Key clients

Böllhoff Elasmo Systems GmbH

CAE Flight Services Austria GmbH

Everfield

Medison Pharma GmbH

Siemens Energy Austria GmbH

Statkraft Ventures AS

Valsoft Corporation Inc.

Taurob GmbH

Mangrove VI Investments S.à.r.l

G.ST Antivirals GmbH

Work highlights

  • Advised CAE Flight Services Austria GmbH on the establishment of a new flight-training centre, including advice on working time models.
  • Advised Everfield on several acquisitions, including the preparation of a framework agreement for labour leasing.
Photo Name Position Profile
Alexander Lotz photo Dr Alexander Lotz Counsel
Christoph Wildmoser photo Dr Christoph Wildmoser Partner