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Latham & Watkins LLP


Germany

Antitrust
Antitrust - ranked: tier 2

Latham & Watkins LLP

At Latham & Watkins LLP, ‘all team members demonstrate what they can do’ and ‘do not shy away from new challenges’. The firm’s antitrust expertise comprises advisory capacities in merger control, abuse proceedings and actions for damages. Prominent instructions include the defence of a steel-producing company against claims in connection with pre-stressing steel cartel, the representation of a bank in proceedings following the decision of the Federal Cartel Office on EC card fees, as well as the defence of Singapore Airlines and Singapore Airlines Cargo against actions concerning the airfreight cartel. The ‘dynamic’ practice group, led by Michael Esser, saw an increase in merger controls: it was instructed by Hytera Communications in phase-II proceedings regarding the acquisition of Sepura. Georg Weidenbach and Brussels-based Marc Hansen represented Exide Technologies in four national antitrust proceedings, including the application of a leniency notice and a subsequent reduction of the penalty payment.

Leading individuals

Michael Esser - Latham & Watkins LLP

Next Generation Partners

Georg Weidenbach - Latham & Watkins LLP

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Compliance
Compliance - ranked: tier 4

Latham & Watkins LLP

Latham & Watkins LLP is ‘highly commended’ for its cooperation with clients. The integrated, cross-practice team is able to cover the full range of compliance issues, including advice on corruption prevention, antitrust law, data protection as well as sanctions and customs duties. Practice head Markus Rieder also has experience handling matters pertaining to white-collar criminal law and corporate litigation. He assisted an automotive parts manufacturer with the restructuring of its business segment. In addition, Rieder is a member of a team of compliance and corporate lawyers who advise Stada Arzneimittel on an internal investigation into the alleged breach of a position of trust and breaches of executive board duties by former management. Tobias Larisch joined from Freshfields Bruckhaus Deringer. Finn Zeidler moved to Gibson Dunn.

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Employment
Employment - ranked: tier 3

Latham & Watkins LLP

With particular expertise in the pharmaceutical and chemical sectors, Latham & Watkins LLP focuses on restructuring-related and transactional employment law work alongside company pensions. Stefan Lunk advised Dow Chemical on collective bargaining issues and on negotiations concerning the partial sale of the company, while also representing the client before conciliation committees and the Federal Labour Court. The team also provides regular collective employment law advice to Airbus Group on negotiations with works councils and represents the client in court proceedings. Claudia Heins and team head Tobias Leder advised long-term client Siemens on employment law matters pertaining to the client’s merger with French transport company Alstom.

Leading individuals

Stefan Lunk - Latham & Watkins LLP

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Tax
Tax - ranked: tier 3

Latham & Watkins LLP

At Latham & Watkins LLP, tax law advice in connection with restructuring and fund structuring projects as well as property and company transactions are among the core competences of the practice. The firm regularly advises private equity funds and banks. Practice head Stefan Süß assisted a bank consortium with tax matters related to the restructuring of satellite manufacturer Kathrein. In a transaction in the amount of €40bn, Thomas Fox advises Siemens on tax law matters related to the merging of the transport division of Siemens Mobility with rail transport group Alstom. In the area of property transactions, highlights included Tobias Klass advising Morgan Stanley Real Estate Investing (MSREI) on the tax aspects of its purchase of the Rhein-Ruhr-Zentrum in Mühlheim an der Ruhr and assisting Corpus Sireo Real Estate with the tax aspects of the sale of the Berlin headquarters of the alliance. Counsel Ulf Kieker, who was previously with Kirkland & Ellis International LLP joined the Munich office.

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Germany: Banking and finance

Financial services: regulatory
Financial services: regulatory - ranked: tier 2

Latham & Watkins LLP

The team at Latham & Watkins LLP predominately acts at the interface of corporate, capital markets, M&A and fintech, which makes it a popular choice for finance sector players, which frequently instruct the practice to advise on Initial Coin Offering (ICO) and fintech-related matters alongside general financial market regulatory compliance issues. Based on this expertise, Axel Schiemann acted for DMarket on an ICO to finance the development of a decentralised marketplace to trade virtual assets on multiple gaming platforms, and, together with Markus Krüger, he advised Chinese internet company Tencent on the international launch of its product WeChat Payments. The latter instruction included various regulatory and compliance issues alongside agreements with local partners. Together with the corporate practice, he also provides regular advice to CrossLend on regulatory matters concerning the client’s market-based lending platform. In the transactional sphere, the team assisted Apollo Global Management with regulatory issues concerning an indirect acquisition of a stake in Oldenburgischen Landesbank by Bremer Kreditbank.

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Germany: Corporate and M&A

Corporate
Corporate - ranked: tier 2

Latham & Watkins LLP

Corporate and shareholder disputes - ranked: tier 1

Latham & Watkins LLP

Latham & Watkins LLP’s corporate law team frequently works with other practice groups such as tax, restructuring and white-collar crime. In recent work it is advising the executive board of Stada Arzneimittel on an internal investigation into possible violations of executive board duties by the previous management. Siemens, now also a major client in Europe, instructed the group with structural issues in the run-up to the IPO of its healthcare unit. It also advised Klöckner & Co on the performance of the annual general meeting; other clients include BayWa, Daimler, the DuMont Media Group and Tengelmann. Harald Selzner leads the group. Rainer Wilke and Martin Neuhaus are other key names and Natalie Daghles made partner at the beginning of 2018. Tobias Larisch joined from Freshfields Bruckhaus Deringer and Nikolaos Paschos from Linklaters. Björn-Axel Dißars moved to Watson Farley & Williams LLP.

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M&A: large deals (€500m+)
M&A: large deals (€500m+) - ranked: tier 2

Latham & Watkins LLP

Latham & Watkins LLP is commended for its work in transactions with an international component, particularly due to its good network with its US and UK offices. As part of a cross-office team, the group advised Siemens on the merger of its mobility business with Alstom. Other highlights include assisting Henkel with the $1.05bn acquisition of the Darex Packaging Technologies business from GCP Applied Technologies, and advising Israel Chemicals on the $1bn sale of its fire protection and oil additives businesses to SK Capital Partners. Harald Selzner leads the group, which also includes Martin Neuhaus, Rainer Traugott and Henning Schneider. In early 2018, Natalie Daghles made partner and in March 2018 Tobias Larisch, who is particularly experienced handling energy sector transactions, joined from Freshfields Bruckhaus Deringer.

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M&A: mid-sized deals (sub-€500m)
M&A: mid-sized deals (sub-€500m) - ranked: tier 2

Latham & Watkins LLP

Latham & Watkins LLP’s M&A team in Germany regularly advises on international mid-cap transactions. For example, it acted for Boston Scientific on the $435m acquisition of Symetis, a company specialising in minimally invasive cardiac surgery; advised congatec, a company specialising in the development and sale of embedded computer boards and modules, on the acquisition of Real-Time System; and assisted medical technology company Novanta with the acquisition of W.O.M. World of Medicine. At a national level, advising Autogrill Germany on the acquisition of Le Crobag was a highlight. Martin Neuhaus, Rainer Traugott and Christoph Engeler are key names within Henning Schneider’s team. Personnel changes include the promotion of Natalie Daghles to the partnership at the beginning of 2018 and Tobias Larisch’s arrival from Freshfields Bruckhaus Deringer in March 2018.

Next Generation Partners

Natalie Daghles - Latham & Watkins LLP

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Germany: Dispute resolution

Arbitration (including international arbitration)
Arbitration (including international arbitration) - ranked: tier 2

Latham & Watkins LLP

Latham & Watkins LLP was involved in Germany’s longest arbitration proceedings to date lasting over ten years, in which the team defended both Daimler and Toll Collect against the Federal Republic of Germany. In another highlight, the firm was able to utilise its network when the experienced Sebastian Seelmann-Eggebert collaborated with the London office to represent the Kingdom of Saudi Arabia in an ICSID arbitration of the World Bank against claims brought by construction company Hochtief concerning the construction of an airport in Saudi Arabia. Christoph Baus and Markus Rieder are also recommended.

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Commercial litigation
Commercial litigation - ranked: tier 2

Latham & Watkins LLP

Latham & Watkins LLP’s fully integrated international approach is a strength of the team, which is always able to offer a wide range of legal representation services to suit the case at hand. The group often acts on banking, corporate and antitrust law disputes; it reached an amicable settlement in a long-standing family dispute after taking over the representation of Robert Tönnies. In addition, highly regarded practice head Christoph Baus represents an airline in a matter concerning a claim for damages under insolvency law. Christine Gärtner and Markus Rieder, who are both experienced in corporate law, also have a good track record. The group was further strengthened by the arrivals of Thomas Grützner, who is experienced in litigation and compliance instructions and joined from Baker McKenzie in October 2018, and data protection expert Tim Wybitul, who was previously at Hogan Lovells International LLP. Carsten Witzke left for Quinn Emanuel Urquhart & Sullivan, LLP in October 2018.

Leading individuals

Christoph Baus - Latham & Watkins LLP

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Financial services: litigation
Financial services: litigation - ranked: tier 3

Latham & Watkins LLP

Latham & Watkins LLP has experience in advising and representing banks and shareholders in investment and insolvency disputes. Christoph Baus heads the conflict resolution practice and is particularly experienced in capital investment law and in assisting with mass proceedings. Together with restructuring and insolvency expert Frank Grell, he acted for insolvency administrator Achim Ahrends and S&K Real Estate Value Added Fondsgesellschaft in the enforcement of claims against numerous individual investors. In cooperation with the antitrust practice, Baus defended Deutsche Bank against claims for damages and recourse arising from alleged infringements of antitrust law through the application of uniform dealer fees. Christine Gärtner and Volker Schäfer are also recommended.

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Germany: Industry focus

Healthcare and life sciences
Healthcare and life sciences - ranked: tier 2

Latham & Watkins LLP

Transactions - ranked: tier 1

Latham & Watkins LLP

Latham & Watkins LLP is best known for its strong transaction-oriented practice in the healthcare sector. Highlights in this area included the firm’s advice to Carlyle Group on the sale of care service provider Alloheim to Nordic Capital, which was led by practice heads Henning Schneider and Christoph Engeler in collaboration with Nils Röver, and assisting LivaNova with the cross-border sale of its cardiac rhythm management business to MicroPort Scientific. The group also handled several capital market law matters originating in the healthcare sector. In the regulatory space, the team assists SHL Telemedizin with matters including contracts for integrated care and pilot projects with health insurance funds. Other clients include Amedes, Boston Scientific and Merck.

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Germany: Information technology

Data protection
Data protection - ranked: tier 1

Latham & Watkins LLP

In addition to advising on numerous GDPR-related matters, Latham & Watkins LLP continues to focus on representing clients in data protection disputes, consumer protection agencies and data protection authorities. The firm is representing Facebook in abuse proceedings at the German Federal Cartel Office regarding the interaction between data protection regulations and antitrust law and also regularly advises Schufa on data protection compliance and litigation. The team also has expertise in crisis management in the context of data protection scandals and cybercrime; Ipswitch is a client in this space. The team acted for BayWa and clients from Asia and the US on GDPR implementation; it also advises on lobbying activities. Other work includes providing data protection advice to Iqvia (formerly IMS HEALTH) on information services in the healthcare sector, and handling data protection matters for DZ Bank and the German Dialog Marketing Association DDV. Ulrich Wuermeling is ‘quite simply one of the most foremost data protection experts’; he divides his time between London and Frankfurt. The group also welcomed the ‘virtually omnipresent’ and well-known Tim Wybitul from Hogan Lovells International LLP in October 2018; he is noted ‘particularly for his excellent work in employee data protection’.

Leading individuals

Tim Wybitul - Latham & Watkins LLP

Ulrich Wuermeling - Latham & Watkins LLP

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Information technology (including contracts)
Information technology (including contracts) - ranked: tier 5

Latham & Watkins LLP

Key names in Latham & Watkins LLP’s IT practice, which has a focus on transactional IT advice, include counsels Thies Deike and Christian Engelhardt. The firm assisted ZF Friedrichshafen with IT law matters relating to the sale of its body control systems division to Luxshare and Bosch as part of the spin-off of its start motor and generator business. It also acts for Daimler, which is involved in the toll collection for heavy trucks on motorways and federal highways, including representing the client in two arbitrations against the Federal Republic of Germany and advice on data protection and IT matters. The team is also handling a series of fintech matters; clients in this space include BillFront and CrossLend tätig.

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Outsourcing
Outsourcing - ranked: tier 2

Latham & Watkins LLP

Latham & Watkins LLP advises on traditional outsourcings and outsourcing matters relating to M&A transactions and cloud computing services, where it acts for service providers and large buyers. The firm assisted BC Partners with the acquisition of PlusServer, a market leader in the area of managed hosting in Germany, from GoDaddy. The team recently handled ZF Friedrichshafen’s outsourcing of its Global Body Control Systems business unit to Luxshare by means of a carve-out structure spanning over ten jurisdictions. It also has a focus on outsourcing projects in the banking sector. Another longstanding client is Deutsche Bank; Siemens is also a key client. Counsel Thies Deike is particularly active and focuses on outsourcings in the financial services sector.

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Germany: Real estate and construction

Real estate
Real estate - ranked: tier 3

Latham & Watkins LLP

The main contacts for real estate work at Latham & Watkins LLP are Christian Thiele and Holger Iversen as well as Torsten Volkholz, who made partner in early 2018. Thiele assisted Angelo, Gordon & Co. with the sale of three residential portfolios by way of a share deal and Volkholz advised Bouwfonds European Real Estate Parking Fund III on the acquisition and financing of a pan-European portfolio of multi-storey car parks. The team also acted for Ares Management on the sale of a German residential property portfolio.

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Germany: Restructuring and insolvency

Restructuring
Restructuring - ranked: tier 2

Latham & Watkins LLP

Latham & Watkins LLP acts for investors, creditors and companies on operational and financial restructuring. Practice head Frank Grell advised Air Berlin on the examination and enforcement of possible claims against the investor Etihad. Jörn Kowalewski assisted a consortium of banks with the financial and operational restructuring of the Kathrein group. The group is also instructed by a majority shareholder of Solarworld in negotiations with a co-shareholder concerning the filing for insolvency and insolvency proceedings. It also acts for a committee of bondholders in the restructuring of the furniture company Steinhoff. Ulrich Klockenbrink made counsel at the beginning of 2018, while former counsel Daniel Ehret joined King & Wood Mallesons as a partner in October 2017.

Leading individuals

Frank Grell - Latham & Watkins LLP

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