Osborne Clarke > Berlin, Germany > Firm Profile

Osborne Clarke
MÃœNZSTR 21
10178 BERLIN
Germany

Information technology > Data protection Tier 1

Media > Entertainment

Osborne Clarke's technology, media and communications practice is particularly active in digital regulation and the gaming sector. The team advises large platforms on copyright law in connection with consumer and data protection and also assists with licensing and distribution issues; here, e-commerce expert and practice head Konstantin Ewald is a key contact. Other mainstays include the support in product launches, including NFTs, where the practice routinely cooperates with the commercial and banking experts. Martin Soppe is another key contact for copyright law.

Practice head(s):

Konstantin Ewald

Other key lawyers:

Key clients

Beiersdorf AG

Thunderful Group / Headup Games

Twelve by Twelve GmbH

Vorwerk International

Work highlights

  • Media, copyright, competition and product liability law advice to Vorwerk International on the recipe sharing function of the Cookidoo platform for the well-known Thermomix.
  • Advising Twelve by Twelve GmbH on the conception of NFT in the music sector.
  • Media and copyright advice to Beiersdorf AG.

Private equity > Venture capital Tier 1

Osborne Clarke is among the leading venture capital practices in Germany and offers German and international investors, founders and companies, a cross-practice and cross-location approach covering later-stage financing rounds and growth financing as well as transactions, joint ventures and exits. Robin Eyben is a key contact for the M&A interface, where he regularly advises technology and transformation-driven investors, founders and companies. He is part of the team led by Nicolas Gabrysch, which also includes Maximilian Vocke (venture capital and corporate law), who made partner in January 2023. Gabrysch is well versed in cross-border matters and focuses on Europe and particularly the US, where he oversees German activities at the firm’s New York location.

Practice head(s):

Testimonials

‘Very flexible and quick on their feet.’

‘Careful, considerate and very solution-oriented. The collaboration was very trusting.’

Key clients

DoorDash, Inc.

Grover Group

Klima Energy Transition Fund

Taxfix AG

Warburg Pincus und Hollyport Capital

Waverley Capital

Alantra

AlpacaCamping

Blaue Helden

Capnamic Ventures Fund

Work highlights

  • Advised DoorDash on its $750 million Series B financing round for fast delivery service Flink SE.
  • Advised Grover on its Series C financing round of over $330 million.
  • Advising the Klima Energy Transition Fund on financing EnmaccGmbH.

Banking and finance > Fintech Tier 2

Osborne Clarke advises financial services providers, fintech companies and startups on regulatory and IT law as well as tax and consumer protection matters. Recent instructions pertain to crypto-related matters, including the new Markets in Crypto-Assets Regulation (MiCAR), non-fungible tokens (NFT) and the structuring of online platforms regarding the digitisation of investments in startups. Practice head Eric Romba offers regulatory advice on digital business models, while Robert Oppenheim and financial services practice head Tanja Aschenbeck (payment transaction law and regulatory topics) comprehensively advise on BaFin procedures and licensing procedures.

Practice head(s):

Eric Romba

Other key lawyers:

Key clients

MFC Labs GmbH

Twelvebytwelve GmbH

Zinsbaustein GmbH

Aquaty GmbH

Botlabs GmbH

Golden Share Company AG

bunch technology GmbH

Moonfare GmbH

FunderNation

AS Mintos Marketplace

UnitPlus InnoInvest GmbH

justETF GmbH

Work highlights

  • Advising bunch technology GmbH on regulatory, tax and IT law as well as on the structuring of an online platform that digitizes investments by business angels in start-ups.
  • Advising the Latvian fintech AS Mintos Marketplace on entering the German market using MiFID II passporting.
  • Advising Moonfare on international fund distribution.

Information technology > Information technology and digitalisation Tier 2

Information technology > IT transactions and outsourcing Tier 2

Intellectual property > Unfair competition Tier 2

Under the leadership of Marcus Sacré, who is particularly active in the automotive and consumer goods industries, Osborne Clarke is an experienced advisor on competition proceedings, while also assisting clients strategically, such as with know-how protection, influencer marketing and copyright. Matthias Kloth, who, in addition to trade mark and competition law, also focuses on licensing and distribution law, is another key contact. Robert Briske is experienced in trade mark, copyright and competition disputes as well as in IT-related issues and made partner in January 2024.

Practice head(s):

Marcus Sacré

Other key lawyers:

Testimonials

‘The team houses specialists, resulting in a perfect coverage of different issues via one contact.’

‘Collaboration is extremely efficient and fast, coordination is uncomplicated, and in case of doubt, a representative is there to step in straight away.’

‘When it comes to complicated topics, team members complement each other and discuss options, making us benefit from the quality of the entire team.’

‘Fast, excellent content, with an eye for our needs.’

‘Solution-oriented, uncomplicated, pragmatic.’

‘Pleasant communication. They also point out topics that we don’t even have an eye on, without trying to obtain further instructions.’

Key clients

BNP Best Natural Products GmbH vs. Indische Republik

Bolt Mobility Inc.

Briconti und dm drogerie markt gegen Puig France S.A.

Carglass GmbH, A.T.U Auto-Teile Unger GmbH & Co. KG

European Independent Automotive Data Publishers Association (ADPA) und Gesamtverband Autoteile-Handel (GVA)

Gesamtverband Autoteile-Handel (GVA)

MEYLE AG, Ferdinand Bilstein GmbH & Co. KG,A.T.U A.T.U Auto-Teile Unger GmbH & Co. KG

Stone Brewing Inc.

Beiersdorf AG

Delius Klasing

Trade and distribution > Trade, distribution and logistics Tier 2

Industry focus > Energy Tier 3

Osborne Clarke‘s project financing and transaction support focuses on renewable energies, here, Christoph Torwegge is well versed in the sales support of large solar project portfolios. Since 2023, the energy team advises independently from the corporate practice and is led by practice head Daniel Breuer, who also focuses on the transactions segment, while also covering related regulatory matters. Regulatory competencies include the advice on tenders and PPAs as well as grid regulation, energy trading and decarbonisation; these were further strengthened with the arrival of Anna von Bremen (previously at Raue) in August 2023, she is well versed in energy-related contract design and litigation. Clients include asset managers, project developers and energy services providers. Thies Goldner (transactions, project finance and asset management in the energy sector) made partner in January 2024.

Practice head(s):

Daniel Breuer

Other key lawyers:

Testimonials

‘Very high level of personal commitment, internationally positioned and very high level of competence.’

‘What is remarkable is the speed of processing complex topics and the strict adherence to deadlines as well as the short waiting times in coordinating appointments. Fast response times to inquiries, a good atmosphere for discussion and empathetic interaction at eye level make working together pleasant.’

‘High level of expertise and a very wide range of topics are offered.’

‘Exceptionally high expertise in the team in terms of depth and detail. Very easy to work with. Uncomplicated and responsive.’

‘One feels very well looked after and listened to.’

‘I appreciate the company’s quick response, hands-on approach to meeting our needs, and very down-to-earth communication and collaboration.’

‘Daniel Breuer is a very responsive partner and working with him is pleasant. He has put together an extremely effective team.’

‘What I particularly appreciate about Osborne Clarke is their excellent technical know-how. This is particularly evident in advice in the heating sector, which has developed an unlikely dynamic. In the transaction area, we benefit from the law firm’s extensive experience in structuring transactions and collaborations as well as its good network in the market.’

Key clients

ABO Wind AG

BASF enviaM Solarpark Schwarzheide

CloudHQ

DAL Deutsche Anlagen Leasing / DLF Deutsche Leasing Finance

Centrica Energy Trading

Europäische Kommission

Friesen Elektra Energy

Obton

bauverein AG

Deutsche Windtechnik Offshore & Consulting

Trailstone

PNE

Trianel Windkraft Borkum

eCapital / Numbat GmbH

Elexon GmbH

Solizer

Redalpine

Obton A/S

ToRa

G2 Venture Partners

JOLT Energy GmbH

Work highlights

  • Advising ABO Wind AG on the first German hydrogen pilot project and on PPA electricity marketing from German and European wind and solar parks to internationally operating corporate buyers.
  • Representation of 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 European Commission’s two approvals for the E.ON/RWE asset swap.
  • Advising Solizer GmbH on the sale of a development platform for solar projects and a German photovoltaic project portfolio with a total output of approximately 1,500 MW.

Industry focus > Healthcare and life sciences Tier 3

Osborne Clarke's team routinely advises on IP law issues in patent infringement proceedings, while the regulatory expertise is called upon in matters pertaining to pharmaceutical advertising law. This is complemented by capacities at the corporate law interface, such as the advice on pharmaceutical cooperation and licensing agreements, including cross-border transactions, as well as experience in supporting digitisation projects. The project work frequently pertains to patient care and treatment in connection with healthcare platforms. AI-related topics in the medical device segment and related data protection issues are also covered, practice head Tim Reinhard is a key contact here.

Practice head(s):

Tim Reinhard

Other key lawyers:

Andrea Schmoll; Flemming Moos; Fabian Christoph

Testimonials

‘Andrea Schmoll: Very pleasant in management matters, is very aware of the specialist knowledge in her team as well as in the firm and actively involves relevant colleagues to ensure consistently high quality.’

‘Dedicated team that works well with new inquiries.’

Key clients

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

CEVEC Pharmaceuticals GmbH

Fresenius SE

Gerresheimer AG

Haema AG

PharmaDrug, Inc.

VAMED Rehazentren Deutschland GmbH

Grifols Deutschland GmbH

Work highlights

  • Advice and support for the Bruker Group Germany on various projects, including dismissal protection procedures, realignment of the BASC division and design and implementation of a new working time and time recording system.
  • Supporting Fresenius SE in the planning and implementation of a project to convert any active contractual relationships based on the old EU standard contractual clauses to the new EU standard contractual clauses.
  • Advising PharmaDrug, Inc. on the sale of all shares of its German subsidiary Pharmadrug Production GmbH to Khiron Life Sciences Corp.

Germany > Antitrust Tier 4

Osborne Clarke‘s team is well versed in cartel damages and also assists with merger control and investment control in the course of transactions. Clients stem from the healthcare, digital markets, automotive and energy sectors; the latter was recently strengthened with the addition of energy lawyer Anna von Bremen from Raue in August 2023, she is also well versed in regulatory matters. Thomas Funke comprehensively advises on cartel damages and jointly heads the team with Sebastian Hack (distribution antitrust law and cooperations in the areas of platforms, research and development).

Practice head(s):

Other key lawyers:

Testimonials

‘Technically strong, very pleasant to work with; Willingness to make partnership-based billing arrangements.’

‘Sebastian Hack: Sympathetic and calm, risks are well assessed and weighed, sees himself as part of the team.’

‘Practical, fast, authoritative and competent.’

‘Sebastian Hack’s team positions itself in collaboration with in-house colleagues and gives clear recommendations.’

Key clients

Deutsche Bahn AG

Europäische Kommission

Snipes SE

Deutsche Windtechnik Gruppe

Fédération Cynologique Internationale (FCI)

FIGIEFA

REWE Group

Taxfix AG

Verifort Capital Group GmbH

Work highlights

  • Representation of Deutsche Bahn AG in a Europe-wide cartel damage claim against Daimler, MAN, Iveco and the other participants in the truck cartel, which was punished with a fine by the European Commission.
  • Representation of the European Commission in a total of sixteen proceedings before the General Court of the European Union (ECJ), in which companies in the German energy industry challenged the Commission’s merger control approvals for the E.ON/RWE asset swap; With eight judgments from May 17, 2023, the European Court of Justice confirmed the approvals for the transaction.
  • Comprehensive advice to Snipes SE on ongoing antitrust matters and antitrust compliance.

Intellectual property > Trade marks Tier 4

Infringement disputes represent a central pillar of Osborne Clarke's trade mark advice; it represent clients before the ECJ and the EUIPO and can further draw on cross-location expertise of its international network. Practice head Marcus Sacré focuses on the automotive and consumer goods sectors, while Matthias Kloth often acts for clients in infringement and nullity proceedings at German and European level. Robert Briske, who is experienced in trade mark, copyright and competition disputes as well as in IT-related matters, made partner in January 2024.

Practice head(s):

Marcus Sacré

Other key lawyers:

Testimonials

‘The team is optimally set up with specialists, so that very different topics get perfectly covered via one contact person. The collaboration is extremely efficient and fast, the coordination is uncomplicated, and in case of doubt, a representative is immediately there to step in.’

‘When it comes to complicated topics, team members complements each other and discuss options, so that we always benefit from the quality of the whole team.’

‘Fast, excellent content, with an eye for our needs, possibilities and feasibility, solution-oriented, uncomplicated, pragmatic.’

‘Pleasant to talk to and reachable at almost any time. They also point out topics that we don’t even have an eye on, without intending further instructions, and lives our brand with a lot of commitment.’

Key clients

BNP Best Natural Products GmbH

Bolt Mobility Inc.

Briconti

dm drogerie markt

Carglass GmbH, A.T.U Auto-Teile Unger GmbH & Co. KG

European Independent Automotive Data Publishers Association (ADPA)

Gesamtverband Autoteile-Handel (GVA)

MEYLE AG

Ferdinand Bilstein GmbH & Co. KG

A.T.U Auto-Teile Unger GmbH & Co. KG

Stone Brewing Inc.

Beiersdorf AG

Fitness First

Lifefit Group

Work highlights

  • Representation of BNP Best Natural Products GmbH in a global trade mark dispute against the Indian government and its KhadiVillages Industrial Commission in the EU, USA, Russia, China and Australia, among others.
  • Represented Bolt Mobility Inc. in a global trade mark dispute involving the BOLT brand.
  • Representing and advising Briconti in an EU-wide dispute between international perfume manufacturer PUIG France SA and dm-drogerie markt due to alleged trade mark-infringing EU-wide distribution of the luxury perfumes ‘PACO RABANNE ONE MILLION’ via dm’s online shop.

Germany > Employment Tier 5

Osborne Clarke places New Work and digital transformation at the centre of  its employment advice. Thus, instructions pertaining to the use of AI often entail discrimination protection and employee protection issues, while the group applies its expertise in New Work and Global Mobility in the context of compliance, use of external personnel and home office matters. David Plitt, who is experienced in New Work, Green HR and works constitution law, recently took over the practice management from Thomas Leister, who is well versed in temporary employment and HR compliance. Christoph Seidler (restructuring, collective employment law) joined from KLIEMT.Arbeitsrecht's Hamburg office in August 2023.

Practice head(s):

Testimonials

‘I am absolutely satisfied with the collaboration and rate it as extremely positive. Advice in general was TOP!’

‘Viktoria Winstel: She is an extremely competent lawyer. She is available at any time and has helped our organization with many difficult cases. Fast results without having to wait long for a response. Furthermore, her expertise enabled many cases to be resolved without the hassle of court proceedings, for which we are very grateful.’

‘Professional in support and assistance.’

‘My long-standing collaboration with Thomas Leister is unique; he is very client-oriented and flexible in terms of time. I appreciate Mr. Leister’s knowledge of our culture and organization in order to find the right solutions for us in terms of labor law, without much explanation on our part. This is time-saving and efficient. The professional advice is perfect. Working together is simply fun, despite the often challenging topics. I look forward to further long-term collaboration with him!’

‘The OC team is always up-to-date with the legal situation. They inform us proactively. For any request, they will also forward it internally if we have not contacted the correct contact person immediately. The answers are always prompt and absolutely understandable.’

‘Timo Karsten is a super competent contact, always available and up-to-date with our legal cases. It’s just all around fun to work with him. It almost feels like in-house legal advice because it works so well in partnership.’

‘We receive impressively quick feedback from OC. We are now represented by OC in a variety of legal areas. The lawyers are human, but still technically experienced.’

‘The team is very quick with solutions. At the same time, it covers detailed aspects and possibilities.’

Key clients

Haema AG

HCL Technologies Germany GmbH

Lumberg Connect GmbH

Wipro Business Services GmbH (vormals METRO-nom)

Wipro Technologies GmbH

Borealis Hotel Group

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

CrownPeak Technology Inc.

Cruise LLC (Cruise Munich GmbH)

DAIKIN Airconditioning Germany GmbH

Work highlights

  • Advising Haema AG on a restructuring project due to the closure and relocation of a laboratory, including negotiations on a balance of interests/social plan with the works council.
  • Advising HCL Technologies Germany GmbH in connection with various master service agreements; as well as ongoing employment law advice.
  • Assisting Lumberg Connect GmbH with the transformation of a production company in Germany, including advice to the management, management training, advice on implementation towards the works councils and on compliance.

Corporate and M&A > M&A

Osborne Clarke maintains good relationships with US and UK clients and predominantly advises them on cross-border transactions as well as on exit strategies in the VC sphere.