Osborne Clarke > Berlin, Germany > Firm Profile

Osborne Clarke
MÜNZSTR 21
10178 BERLIN
Germany

Information technology > Data protection Tier 1

Osborne Clarke's highly regarded IT practice is flanked by a data protection group that is best known for its data protection support to digital transformation projects and  thereby represents a key asset for the firm. Based in Hamburg, one of the practice's strengths is clearly its coordinator Flemming Moos, whose expertise continuously attracts clients from different sectors and jurisdictions; he predominantly focuses on the structuring of international data flows, data protection audits and IT compliance projects. Most recently, a team led by Marc Störing advised on an EU-funded project to research data exchange options in the transport sector. In June 2021, Julia Kaufmann joined from Baker McKenzie; she focuses on data protection issues in the healthcare sector.

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Testimonials

‘Very high level of expertise in digitization issues, always available, good project management, including global data protection and IT security issues.’

‘Marc Störing: High availability, committed, transparent, very good sparring partner, excellent specialist knowledge.’

‘Adrian Schneider’s team scores with solutions that are easy to implement instead of just pointing out problems, efficient working methods, very good and understandable explanations of sometimes very complex legal problems.’

‘The team has a high level of expertise and works precisely and reliably, especially on special issues. The team is well organized and works with us in a structured way. This enables short-term satisfactory solutions, but also successful long-term cooperation on larger projects.

‘Jens Schefzig advises reliably and with a high level of expertise on data protection issues in connection with data analytics projects.’

Work highlights

  • Advice on legal data and data protection issues relating to Allianz Real Estate GmbH’s extensive participation in a strategic project of the world’s largest real estate investor in the field of smart building.
  • Ongoing advice to various AXA companies on data protection issues, in particular on digitization projects.
  • Comprehensive data protection advice to Axel Springer.

Media > Entertainment

As part of its broader TMC group, Osborne Clarke's media team is particularly well positioned in the digital media and digital transformation sphere. Practice head Konstantin Ewald advises global internet platforms and video games companies in matters touching on IT, internet and media law and also frequently assists with transactions; this represents another of the practice's central pillars alongside media regulatory issues. Felix Hilgert primarily advises on IP and IT contracts, e-commerce as well as on all aspects of interactive entertainment.

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Private equity > Venture capital Tier 1

Osborne Clarke offers 'comprehensive and high-quality legal advice and support across all areas of venture capital financing'. The team is particularly often instructed by investors, CVCs and startups to assist with later-state financing rounds and exit strategy-related direct M&A deals. The group also cooperates closely across practice groups and locations in order to create added value for clients. Practice head Nicolas Gabrysch is well versed in digital business models. Robin Eyben is another key contact with a focus on advising technology and transformation-driven investors, founders and companies.

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Testimonials

‘You are looked after by a team of experts and can therefore always fall back on specific expert knowledge. If an employee reaches the limits of his or her specialist area, he or a colleague from the respective specialist area will be added. This guarantees the best possible advice for us.’

‘Robin Eyben clearly stands out as a partner thanks to his extensive experience in venture capital – both in Europe and in the USA – and his approachable and friendly manner. The work results are always excellent, the advice is always at eye level and the cooperation is very friendly.’

‘Proximity to innovative companies, experience on both sides.’

‘The Osborne Clarke team around partner Robin Eyben impresses with comprehensive and high-quality legal advice and support in all areas of venture capital financing. Her skills range from classic deal preparation and execution to support in all areas of labor law, data protection and IP. As a fast-growing company, the international orientation of the law firm and the team is also of crucial importance – both when planning international financing rounds and when expanding into other regions.’

‘Dana Alpar is extremely reliable, conscientious and always sharp-witted even in stressful situations. The deal execution and the communication with all stakeholders always went smoothly.’

Key clients

Ankerkraut GmbH

Atlantic Labs

Blickfeld GmbH

Brandenburg Kapital

build a rocket

Capnamic Ventures

Cargo one GmbH

Cathay Innovation

DB Schenker

Deutsche Telekom Capital Partners

Electric Mobility Concepts GmbH (Emmy)

Everdrop

Fidelity Strategic Ventures Limited

Headup

Highland Europe

N26

Redalpine Capital S.C.S. SICAR

RYDES GmbH

Sanity Group GmbH

Schwabe Gruppe

Trade Republic Bank GmbH

Vehiculum mobility solutions GmbH

VR Ventures und Force Over Mass

VYTAL Global GmbH

Warburg Pincus

Work highlights

  • Advised the Berlin air freight start-up cargo.one on a €16 million Series A financing round and a $42 million Series B financing round.
  • Advising the Berlin cannabis start-up on a financing round of almost €4 million.
  • Advising Deutsche Telekom Capital Partners on the sale of their stake in Signavio to SAP.

Banking and finance > Fintech Tier 2

Osborne Clarke's regulatory capacities stand out as a particular strength and are regularly utilised to assist payment service providers, fintech platforms and crypto service providers with BaFin approval procedures and other regulatory issues that arise in relation to market entries, distribution via platforms and to the introduction of digital currency-based products. Tanja Aschenbeck heads the group and also focuses on assisting with payment transactions and other supervisory law.

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Key clients

Token, Inc.

Liberis Limited

Work highlights

  • Advising Token, Inc. on BaFin licensing proceedings for payment initiation services/account information services under the Payment Services Supervision Act.
  • Advising Liberis Limited on licensing proceedings at BaFin for the provision of factoring to German online retailers.

Information technology > Information technology and digitalisation Tier 2

Osborne Clarke primarily applies its IT expertise in digitization projects such as blockchain projects in the mobility sector and data ownership projects in the field of renewable energy, while Flemming Moos' team is also particularly well versed in European e-commerce law. Ulrich Bäumer advises on complex international IT project contracts, counsel Adrian Schneider assists with the development and introduction of innovative IT products in the cloud infrastructure, smart data and machine learning spheres and Konstantin Ewald heads the technology, media and communication sector group.

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Testimonials

‘Very good coaching during contract negotiations and also a very good network from which clients can benefit. Also very clear structure in the negotiation process.’

‘Osborne Clarke is a reliable, professional and outstanding partner in all areas. One cannot imagine better and more competent legal advice, especially when it comes to supporting complex and multilateral license agreements. In particular, the strong presence and experience in advising on legal issues in SaaS and PaaS makes Osborne Clarke irreplaceable.’

‘Konstantin Ewald impresses with his inimitable competence in drafting and negotiating complex IT license agreements and in international software license contract law. This expertise is paired with a very affable and personable manner, which is why we look forward to every exchange. He is extremely responsive and easy to deal with across all processes.’

‘Arne Katharina Ruhwinkel, who provides operational and purposeful support and advice on many IT license agreements.’

‘Counsel Adrian Schneider deserves a positive mention. He advises on all data protection issues, especially in a national and international context, and like the entire Osborne Clarke team, he is always friendly, well prepared and equipped with a great deal of specialist knowledge.’

‘Ulrich Bäumer is characterized by a high level of expertise and very quickly develops a good understanding of client’s needs. He is very well connected within the industry and pleasant to deal with. ‘

‘Adrian Schneider: Experienced IT lawyer who develops practical solutions and can also assists with complex contracts at short notice.’

Work highlights

  • Advice on contract law to Cancom Managed Services Gmb, including negotiation of IT contracts with customers and subcontractors for cloud services, in particular for EU institutions.
  • Assistance to Clinomic GmbH with numerous IT projects, product development and product rollout as well as with joint ventures and funding agreements.
  • Ongoing IT legal advice to Dassault Systemes on several proceedings and license agreements.

Information technology > IT transactions and outsourcing Tier 2

At Osborne Clarke's Cologne office, a division of Flemming Moos' highly regarded IT team advises on outsourcing, ERP, license, XaaS and cloud matters. The outsourcing group fields specialists such as Konstantin Ewald and Ulrich Bäumer who are often involved in IT-driven M&A transactions (including large transactions in connection to India). The practice also assists with IT contracts, software distribution rights and IT system implementations.

Practice head(s):

Testimonials

‘Osborne Clarke’s international and flexible team makes outsourcing processes simple and uncomplicated.’

‘Konstantin Ewald and Adrian Schneider not only provide competent advice on drafting the agreement, but also on difficult data protection issues, despite tight deadlines.’

‘Konstantin Ewald is technically excellent and always on the ball, very efficient and good at negotiating; pleasant to deal with.’

Industry focus > Healthcare and life sciences Tier 3

Osborne Clarke specialises in advising pharmaceutical and biotechnology companies. Headed by Tim Reinhard in Munich, the team offers regulatory advice on pharmaceutical and medical device law and is well versed in matters at the interface between healthcare and technology, with several mandates featuring MedTech-related aspects. Matters pertaining to digital health, including digital health applications, telemedicine services and clinical studies in the digital context complement the advisory portfolio. Another successful synergy is the regular cooperation of the transactional practice with experts from the life sciences space.

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Intellectual property > Unfair competition Tier 3

In 2020, Osborne Clarke further expanded its cross-border dispute practice. The firm's international positioning was useful during this process, also thanks to the cross-border information management within the firm. The team, led by practice head Marcus Sacré in Cologne, offers special expertise in the digital economy, where the group also advises on the interface to data protection and licensing agreements, as well as model proceedings in the automotive sector, for example on connected cars. Matthias Kloth in Hamburg is the key contact for trade mark, design and competition law matters.

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Testimonials

The team around partner Marcus Sacré has a high level of expertise in the area of the Independent Automotive After Market (IAM). Due to the extensive industry knowledge and legal expertise as well as experience in relevant court proceedings, the team is therefore highly recommended for companies active in the IAM sector.

Because of his experience, Marcus Sacré deserves special mention.’

Very high service and solution orientation. Very fast response times. Excellent ability to explain complex issues. Good cost transparency.’

Trade and distribution > Trade, distribution and logistics Tier 3

Osborne Clarke ‘s commercial practice group, led by Carsten Dau, advises on the areas of retail, distribution and logistics, including purchasing, supply chains and franchising. Clients from the life sciences, healthcare and automotive sectors call upon the combined expertise of the team, with the firm’s Disputes & Risk practice, to efficiently assist with contentious matters. The service offering also includes distribution systems, contractual matters, market entry and joint ventures. Dau specialises in contract law, in particular standard contract law, and also acts at the interface with distribution antitrust law.

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    Germany > Antitrust Tier 4

    Osborne Clarke's 'creative, innovative and future-oriented' team around Cologne-based antitrust lawyer Thomas Funke stands out with a focus on business-critical future topics in the digital sphere, such as digital trading platforms. The team provides a wide range of advice and also assists with cartel damages issues, where it represents plaintiffs in proceedings relating to the truck or sugar cartel. At European level, the team advises on energy sector-related merger controls while the close cross-practice cooperation with the firm's IP, IT and litigation teams also plays an important role. Key contact Sebastian Hack is a 'sound expert in the field' and advises on multifarious antitrust issues.

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    Testimonials

    ‘Very thorough handling of larger cases and individual issues, including corporate law and other legal issues.’

    ‘Partner Dr. Sebastian Hack as a sound expert in the field and also within the affected industry with the ability to coherently present complex cases and plausible solutions.’

    ‘Creative, innovative and forward-looking.’

    ‘Thomas Funke is a top quality lawyer. He uniquely combines expertise with commercial transaction experience.’

    ‘Very practical and result-oriented advice.’

    ‘Dr. Thomas Funke: Very experienced, service-oriented and practical consultant with good industry and market knowledge.’

    ‘Practical, law firm explicitly strives for industry knowledge – good accessibility – reasonable billing according to billable hours – only “discreet marketing”.’

    ‘Dr. Sebastian Hack and Thomas Funke are extremely reliable, service-oriented, easily accessible, give pragmatic help, even directly on the phone, point out options, work carefully, think their way into the client and their needs.’

    Industry focus > Energy Tier 4

    Osborne Clarke's energy law team fields practice head Daniel Breuer as well as head of decarbonisation Alexander Dlouhy and is a renowned transaction practice in the energy sector with particular experience in wind and solar parks. Breuer also advises on regulatory issues, such as energy trading law and the digitisation of the energy sector. Thomas Funke, like Breuer and Dlouhy in Cologne, is a key contact for antitrust matters.

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    Testimonials

    ‘Osborne Clarke’s team has excellent legal knowledge of energy law. What also makes working with Osborne Clarke so special is not only the legal knowledge and skills, but also the fact that you are looked after by an entire team and you are always in good hands with all the partners and employees of the law firm feels.’

    Alexander Dlouhy is an excellent consultant who deals intensively with the necessary contracts and works out target-oriented regulations and agreements in all areas. He always has the entire project in mind and knows how to give the necessary impetus and show new ways to lead the project to success in the interests of the client.’

    ‘Osborne Clarke works very client-oriented, negotiates assertively and goal-oriented. The law firm has experts on site for foreign transactions, which is very helpful.’

    Work highlights

    • Advice to Ampyr UK Energy Development PTE Ltd. on the establishment of the joint venture AMPYR Solar Europe to secure an international project pipeline with more than 4GW solar photovoltaic in Germany, UK and the Netherlands.
    • Advice to DAL/DLF on project financing with KfW refinancing of Dutch wind and solar parks.
    • Representing the European Commission in a total of 16 proceedings before the General Court of the European Union, in which various companies in the German energy industry challenged the Commission’s two approvals for the E.ON/RWE asset swap.

    Intellectual property > Trade marks Tier 4

    Osborne Clarke reflects the firm’s international positioning, especially in contentious proceedings. The key contact is Hamburg-based litigator and trade mark and competition law expert Matthias Kloth, while practice head Marcus Sacré in Cologne is also active in soft IP disputes. Industry focus areas include the automotive, consumer goods and sports sectors.

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    Testimonials

    Matthias Kloth is an outstanding expert in trademark law. He also gave us excellent advice in an international context.’

    Trade and distribution > Foreign trade law Tier 4

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    Work highlights

      Germany > Employment Tier 5

      Osborne Clarke is regularly instructed in the context of strategic global transformation processes, often at the interface with IT and data protection law. Advice on IT outsourcing projects is a particular strength, alongside support for reorganisations, transfers of operations, entry into the German market and plant closures. Practice head Thomas Leister is an expert in developing strategic concepts for companies in the recruitment sector.  

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      Testimonials

      Osborne Clarke has very competent lawyers. They also take the time to understand our business and give us options. They also know very well what is happening in our industry and often help us to get an outside perspective. Also, they are very responsive and get back to you quickly with results. We have been working with them in several European countries for over 10 years.’

      Timo Karsten is very well connected in our industry and with the authorities.’

      ‘Everyone is very customer-oriented, nice people to deal with and always think of our well-being. They are our trusted advisers. ‘

      Key clients

      Allegis Group

      Automobili Pininfarina GmbH / Mahindra & Mahindra Ltd.

      Blume2000 AG

      Bruker Gruppe Deutschland (Bruker EAS, Bruker HTS, Bruker BioSpin, RI Research)

      CLAAS KGaA mbH

      Cornerstone onDemand Inc.

      DAIKIN Airconditioning Germany GmbH

      Diageo Great Britain Limited

      Framode GmbH

      GitLab, Inc.

      Haema AG

      HCL Technologies Germany GmbH

      Open Text Gruppe Deutschland (Open Text Software, Mailstore, Recommind)

      SITA Airport IT GmbH

      Sodexo-Gesellschaften

      Veritas

      VfB Stuttgart 1893 AG

      Wipro Technologies GmbH

      Wooga GmbH

      WW (vormals Weight Watchers)

      Work highlights

      • Comprehensive advice to the Bruker Group Germany: company agreements on short-time work, introduction of Salesforce and the resulting downsizing, restructuring of the remuneration system, collective bargaining to adapt to the digital working world; Site closure, along with negotiations on reconciliation of interests and social plan; Conclusion of a recognition collective agreement.
      • Advising CLAAS KGaA mbH on the introduction of new home office models.
      • Advised Cornstone onDemand Inc. on the restructuring following the acquisition of the Saba/Lumesse group of companies, including negotiations with the works council on the reconciliation of interests and social plan with a particular focus on the consultation process.  

      Corporate and M&A > M&A: mid-sized deals (sub-€500m)

      The team at Osborne Clarke combines expertise in M&A and private equity and is predominantely active in cross-border transactions.