CMS > Frankfurt, Germany > Firm Profile

CMS
NEUE MAINZER STRASSE 2 - 4
60311 FRANKFURT AM MAIN
Germany

Corporate and M&A > Corporate

The CMS team routinely assists with restructurings, SE conversions and business spin-offs at national and international level and also focuses on corporate governance, sustainability matters and joint ventures in the innovation space. This expertise is regularly called upon by companies, corporations and family businesses, which also benefit from the team’s experience in the automotive, energy and telecoms sectors. The practice group is led by Antje Becker-Boley, Richard Mitterhuber and Jacob Siebert and includes stock corporation and capital markets law expert Karsten Heider.

Testimonials

‘Excellent team with very good commercial and legal knowledge. All result-oriented.’

‘Eckart Gottschalk is an excellent lawyer with proven business and communication skills.’

‘Short response times, friendly and technically competent advice in the area of capital market and corporate law as well as compliance. We have felt that we have been well represented for more than 20 years.’

‘Karsten Heider: Always personally approachable and technically very competent. Structurally well positioned. Good management skills in managing the mandate. Fast assignment of the topics to the internal departments.’

‘Very competent, fast-reacting contacts.’

‘Advantage of CMS: There is always someone who can answer our questions – no matter what the topic.’

‘Richard Mayer-Uellner: Always available – 365 days a year if necessary. Always fast. Always reliable. Always precise. Can’t think of a better corporate, capital markets and M&A lawyer.

Key clients

Bundesrepublik Deutschland /Finanzagentur GmbH

Deutsche Lufthansa AG

Dr. Ing. h.c. F. Porsche AG

DZ BANK AG

ECE Group

EnBW Energie Baden-Württemberg AG

Häfele

Immatics Biotechnologies

Modine-Gruppe

Nordex SE

Plastic Omnium

Sievert-Unternehmensgruppe

Telefónica Deutschland

Volkswagen

450connect GmbH

Work highlights

  • Legal and tax advice to the ECE Group on the restructuring of the group of companies.
  • Advice on stock corporation law and annual general meetings of Lufthansa AG.
  • Advising Telefónica Deutschland on corporate restructuring and the establishment of a joint venture.

Dispute resolution > Arbitration (including international arbitration) Tier 1

CMS offers a wide range of advice on contentious issues relating to corporate, commercial, energy, transport and data protection law. International corporations, blue-chip and medium-sized companies frequently seek advice on conflicts relating to post-M&A, international trade, infrastructure and plant construction. Due to the firm's network, the team is also well equipped for cross-border instructions, especially those relating to Asia. Here, practice co-head Nicolas Wiegand, who divides his time between Germany and Hong Kong and is experienced in investment arbitration, is a key contact. Also well versed in Asia-related matters is Tom Christopher Pröstler, who made partner in January 2021 and frequently advises on technical aspects of arbitration proceedings. In addition to arbitration, Tilman Niedermaier is experienced in procedural and contract law issues. Practice co-head Thomas Lennarz regularly handles legal tech matters and issues related to climate change, and Klaus Sachs contributes corporate expertise. Other team members include Matthias Schlingmann and Andreas Roquette, who are both experienced in contentious construction projects.

Testimonials

‘They have in-depth specialist knowledge, solid entrepreneurial thinking and are extremely efficient and methodical in their work.’

‘Dr. Tilman Niedermaier combines specialist knowledge and strategic thinking in a unique way. He is also very patient, considerate and willing to get to know the client. He remains calm and composed in crisis situations.’

‘The team around Prof. Dr. Sachs is characterized by a high level of seniority. The interaction of team members and thus the integration of their respective areas of focus in different areas of law is above average. The teamwork both within the law firm and the cooperation and communication with the client is ideally implemented. Each skill level can contribute optimally to the result of the consultation, which means that the overall result is the best possible.’

‘Prof Dr Klaus Sachs: outstanding judgment, extremely confident in team leadership, client contact and in hearings, which makes a show unncessary.’

 Dr Armin Dürrschmidt: his analytical skills, challenge and involvement of the team with constant focus on strategy and goals are certainly outstanding.

‘ Dr Tilman Niedermaier: extremely sharp expertise, very pragmatic, calm and unexcited. Considers all hurdles at top speed.’

Dr Tom Pröstler: Above-average technical expertise, assertive.’

‘Through consistent cooperation between teams at various firm locations in Germany and in other European countries, it is possible to reliably and efficiently exchange and apply information evenly, and thus to achieve an even approach and settlement of similar claims from the opposite parties.’

Key clients

CTS Eventim

Kapsch TrafficCom

STRABAG

Hochtief

E.ON

Vodafone

Work highlights

  • Representing an international biopharmaceutical company in connection with a complex and high-volume dispute with its licensing partner.
  • Representing a telecommunications company in a remuneration dispute against a competitor in several fast-track arbitrations under DIS arbitration rules.
  • Representation of the project company founded to set up and operate the German car toll and its two shareholders in DIS arbitration proceedings.

Germany > Employment Tier 1

CMS ‘ sizeable employment law team, also distinguished through its proportion of women at almost 55%, further expanded the partner roster in January 2021 with the appointments of Kira Falter (specialist in external staffing and HR compliance), Alexandra Otto (restructuring and SE formations) , Amelie Schäfer (HR compliance) and Maximilian Koschker (digitisation and work 4.0) as well as restructuring and compliance expert Sören Seidel (previously Counsel at Allen & Overy LLP ) in September 2021. The team size predestines the group for large-scale national and cross-border restructuring, transaction and reorganisation mandates. National and international companies from sectors such as automotive, real estate, energy, technology and life sciences call upon the team's expertise in plant closures and staff reduction measures (including recent Covid-19-related matters), co-determination and SE conversions, including entailing social security issues. Technological transformation and digitisation topics are also part of the reorganisation consulting and constitute a cornerstone of the practice; here, Gerlind Wisskirchen and Björn Gaul are among the key contacts and advise on the introduction of IT systems and outsourcing as well as all other employment and corporate co-determination issues, including compliance and whistleblower system projects. The team is led by Martina Hidalgo and Daniel Ludwig, both practice heads are highly active in restructurings.  

Practice head(s):

Testimonials

‘The degree of specialization of individual lawyers in the law firm is a great added value for us. In the area of labor law, for example, there are specialists for AÜG or interim management. We really appreciate this verticalization within individual departments.’

‘What we particularly appreciate about Mr Bissels is that we can reach him at any time and that he answers our inquiries very quickly and on a daily basis. His advice is at the highest legal level without being academic at the same time; he always explains complex labor law problems in a way that is understandable for non-lawyers and – what is particularly important to us – always finds a pragmatic solution for our operational practice.

‘The reliability of the lawyers in terms of the scope and quality of their statements and opinions is unique. There are no ad hoc answers that would later have to be put into perspective or even corrected. Difficult questions are only clarified within the law firm before the client receives an answer. The second very reliable point is the 100% adherence to schedules. Agreed deadlines are met without exception. And finally, the third – no less important point – is accessibility. Calls or e-mails are answered immediately without having to be reminded. This gives you the security of being supported and advised in urgent cases so that you can react correctly.’

‘Martina Hidalgo deserves a special mention. Her expertise and experience are impressive. Added to this is her ability to grasp and understand new client-internal relationships and to adapt her advice to the individual situation and difficulty. Without exception, she appears fully prepared, professional, convincing and assertive in court.’

‘Very experienced in complex restructuring, very practical advice, precise feedback with clear recommendations, extremely good accessibility of all contact persons, due to the size of the employment law practice, a short-term involvement is also possible; very good internal transfer of information (you always have the feeling that all contacts have the same level of knowledge).’

‘Prof. dr Björn Gaul: Outstanding knowledge in all areas of employment law, very solution-oriented and practical advice, very good eye for what is feasible, extremely good availability, very pleasant to work with.’

‘Dr. Nina Hartmann: Very strong in collective law issues, very solution-oriented and practical advice, very good eye for HR processes, extremely good availability, very pleasant to work with.’

‘I would particularly like to emphasize the excellent cooperation with Mrs. Kira Falter. Her expertise paired with friendliness is an asset. Their accessibility is also exceptionally good and their reaction speed is outstanding. If you have any questions about corporate law or labor law in other countries, she can put you in touch with colleagues within a very short time.

Key clients

Mahle

Douglas Holding / Parfümerie Douglas

Sievert

Drees & Sommer

Fraport

E.ON

Steag

Telefónica

Porsche

BioNTech

Work highlights

  • Advice to MAHLE on international restructuring.  
  • Advice to Douglas Holding / Perfumery Douglas on the implementation of the SOP project, its Europe-wide Store Optimization Program, on all labor and social law issues.  
  • Advice to the Sievert group of companies on the international reorganization and conversion of Sievert AG to Sievert SE.

Industry focus > Energy

CMS‘ expertise covers energy contract law as well as regulatory and transactional matters (including mergers, privatisations and restructurings). The team’s project work includes advice on plant construction and infrastructure measures, whereas a particular focus is on onshore and offshore wind as well as grid expansion projects, including project financing. Led by Stuttgart-based practice head Ursula Steinkemper (environmental and planning law), the group advises on corporate PPAs, matters pertaining to sales, cooperation and purchasing agreements and also increasingly on hydrogen economy mandates, including the development of mobility concepts. The firm launched its own hydrogen initiative, which offers support and sector-specific expertise via webinars, podcasts, blog posts and insights. The range of activities also includes advice on e-mobility and energy storage.

Practice head(s):

Testimonials

‘We have had very good experiences with CMS Stuttgart as an excellent one-stop shop for all energy law, corporate law and antitrust law issues. In-depth industry knowledge and experience as well as constant contact persons and low fluctuation save expensive and time-consuming training periods.’

‘Rolf Hempel is a technically outstanding, experienced, dedicated partner who is always oriented towards the needs of the client.’

‘Thematically very competent in breadth and depth.’

‘Shaghayegh Smousavi: Has in-depth legal and economic knowledge in the regulated area. Has the ability to convincingly present complex issues with the required simplicity.’

‘Well structured consulting style, interested partners at eye level.’

‘High level of expertise – profound and broad expertise – ability to classify in adjacent areas of law – high communication skills.’

Industry focus > Healthcare and life sciences

CMS advises on regulatory issues, particularly pharmaceutical and medical device manufacturers on market access issues. In addition to corona-related matters in 2020, the team increasingly advised providers of medicinal cannabis products. The firm’s expertise in pharmaceutical advertising and product liability contributes to its good reputation. App developers, including providers of digital health applications, start-ups and investors are supported with digital health matters and the team’s data protection expertise complements the advice in the digitisation context. In the corporate space, advisory capacities pertaining to investments in medical care centers expanded in 2020, with increased instructions from clinics, in addition to private equity houses and other investors. The group also offers support with transactional issues such as joint ventures, takeovers and share purchases. Jens Wagner in Hamburg heads the team. Klaus Ikas and Rainer Kienast retired in 2020.

Practice head(s):

Testimonials

‘Excellent industry knowledge; excellent knowledge and wealth of experience in the relevant legal matter; uncomplicated, pragmatic and efficient networking with other practice groups when required; extraordinarily honest team and exemplary communication and dealing with clients.’

‘Roland Wiring: Long-term cooperation; excellent knowledge of the industry and excellent knowledge as well as a wealth of experience in the relevant legal matter; pragmatic, solution-oriented and efficient advice and representation; extraordinarily pleasant personal contact.’

‘CMS is one of our key external legal advisors. We particularly appreciate the pragmatic and practice-oriented approach, the service orientation, the very high professional quality and the distinctive industry expertise.

‘We value Jens Wagner both as a tough litigator and as a very competent advisor and negotiator. Due to his excellent industry expertise and his team orientation, he was able to build a powerful life sciences team around the younger partners and counsel.’

‘Roland Wiring impresses above all with his in-depth industry expertise, excellent legal know-how and extraordinarily high level of service. We value him in particular as a clever litigator, as a strategically thinking and at the same time pragmatic consultant in the fields of compliance and regulatory matters and as an expert on digitization issues.’

‘Broadly positioned. High know-how. Flexible and very professional.’

‘Jörn Witt is committed, professional, experienced and reliable.’

‘Good network for special questions.’

Industry focus > Telecoms

At CMS, the telecommunications law practice is an integral part of its broader Technology, Media & Communications group. Jens Neitzel and Ralf Dierck in Munich are the team's main telecommunications law experts, their expertise covers matters pertaining to the regulatory space, a large transaction portfolio, but also many years of experience in contract law advice on issues such as access and service agreements, procurement and project contracts or re-seller contracts, as well as forensic expertise in proceedings before the Federal Network Agency, the Federal Cartel Office and the European Commission. A growth area is advice on the application of the European Electronic Communications Code. The German offices are well integrated into the firm's international practice groups, for example on communication, data protection, media, outsourcing and IT, which makes the firm a good choice for advising on cross-border matters.

Other key lawyers:

Testimonials

‘Jens Neitzel is an excellent dogmatist, excellent litigation, sovereign in oral proceedings.’

Key clients

Telefónica Deutschland

WEMAG

Altman Solon

Deloitte Legal Japan

EWE TEL

Vodafone Deutschland

Deutsche Telekom

Work highlights

  • Advising Telefónica Deutschland on the sale of roof-top radio masts to Telxius.
  • Advising Telefónica Germany on the establishment of a fiber optic joint venture with Telefónica Infra and the Allianz Group.
  • Advising the future shareholders of the joint venture 450CONNECT.

Information technology > Information technology and digitalisation Tier 1

CMS maintains its strong presence in the IT sector with a team in Munich around Markus Häuser and a Cologne-based group around Florian Dietrich, who took on the practice’s leadership in 2021. The team has particular expertise in digital transformation, especially with regards to the introduction of blockchain solutions in fintech, telecoms, energy and automotive sectors; here, Häuser often takes the lead. Dietrich, on the other hand, stands out for his deep knowledge of both national and international regulatory issues, which he frequently applies for leading online platforms such as eBay and Airbnb.

Practice head(s):

Other key lawyers:

Key clients

Accenture

Airbnb

Currenta

Daimler

eBay

Hamburg Commercial Bank

Microsoft

NORD/LB

Panasonic Automotive Systems

Wayfair

Work highlights

  • Advising Accenture on IT and data protection law in connection with the use of blockchain technology, the development of a manual and guidelines for the legally compliant implementation of social media listening activities.
  • Advice to eBay on platform regulation (Omnibus Directive, Digital Services Act, Electrical Act, Packaging Act) and the roll-out of new features and products, in particular advice on further introduction of new payment processing with eBay as the payment service provider.
  • Advising Panasonic Automotive on e-mobility and infotainment.

Intellectual property > Unfair competition Tier 1

In 2020, CMS stood out thanks to its core expertise in the life sciences sector, but also comprehensively advises on competition law. Trade secret protection matters and sustainability issues pertaining to competition law, such as product labeling and marketing campaigns, are further key advisory topics of the practice. As an integral part of the international law firm, the German team, led by Roland Wiring (Hamburg) and Markus Deck (Düsseldorf) is a good choice for cross-border mandates. Heike Blank is renowned in the market; her expertise includes pharmaceutical, food and cosmetics law.

Practice head(s):

Work highlights

  • Ongoing advice to Barilla Deutschland GmbH on food law, unfair competition and commercial issues.
  • Ongoing advice on competition law to Melitta Europa GmbH & Co. KG, in particular on questions of product design as well as environmental and recycling requirements.
  • Ongoing advice and representation of Unilever Deutschland GmbH in trademark and competition law.

Media > Entertainment

CMS combines longstanding experience in traditional media matters with new, digital skills. The firm's international reach and its wide-ranging synergies with other specialist areas, such as antitrust and corporate law as well as consumer electronics, data protection and commercial, generate a very broad know-how which also contributes to its digital regulation task force; this unit handles regulatory issues particularly in relation to public, competition and antitrust law. Also worth mentioning is the team's experience in traditional sports law and digital media, which enables it to 'develop unique new models for e-sports'. Litigator Pietro Graf Fringuelli heads the global media group from Cologne and has in-depth knowledge of copyright matters in the digital sphere. Senior Associate Patrick Ehinger stands out for his expertise in contentious, rights and licences-related media usage matters and the Hamburg-based Sebastian Cording primarily advises IT companies on media law issues; principal counsel Martin Gerecke has 'incredibly extensive knowledge' of domain and internet law, social media, games and digital business.

Practice head(s):

Testimonials

‘First port of call for media law; best expertise in digital media field; creative solutions; no other law firm thinks and develops such strategic concepts.’

‘Pietro Graf Fringuelli: the most innovative and strategically thinking expert on the market; way ahead of its competitors.’

‘When it comes to eSports, CMS is #1 in the market; no other competitor has as much knowledge about eSports as CMS; the practice has aligned its experiences in traditional eSports and digital media to create unique new models for eSports; years of experience.’

‘Pietro Graf Fringuelli: the undisputed number 1 in eSports in Europe; creative in the development of new structures and business models in eSports. Patrick Ehinger: in-depth knowledge of league models in eSports.’

‘Very creative and strategic thinking team; development of strategies that have not yet been practiced; matching the expertise of the litigator with in-depth knowledge of the relevant area of law (copyright, media law, etc.); very quick and able to field large teams.’

Private equity > Venture capital Tier 1

CMS' VC team has a 'strong entrepreneurial approach paired with a very high level of legal understanding'. The sizeable team covers the whole array of relevant products and is particularly active in financing rounds and exits as well as increasingly in venture debt mandates, ICOs and structured deals. It acts for investors and CVCs as well as for startups, which are often from the life sciences and technology sectors. Jörg Zätzsch and Stefan-Ulrich Müller jointly lead team, which also includes Malte Bruhns (focus on technology and media) and Tobias Schneider (industry experience in the life sciences, transport and logistics sectors).

Testimonials

‘Very professional, great process competence, excellent content quality.’

‘Jörg Zätzsch from the Berlin office has a lot of experience and was always available when there was a need.’

‘Very strong entrepreneurial approach coupled with a very high level of legal understanding in the PE/VC area. In addition, very fast and binding.’

‘Dr. For me, Malte Bruhns is one of the best PE/VC lawyers in Germany.’

‘Excellent advice on corporate law/ financing rounds/ M&A for SMEs, especially start-ups, with venture capital and private equity requirements. Highest quality and commitment, very reasonable and straightforward in negotiation situations. Outstanding value for money.’

‘Jörg Zätsch: Perfect corporate law all-rounder for start-ups through all growth, financing and sales phases.’

Key clients

Signavio

Infarm

T-knife

eGym

Baillie Gifford

Finch Capital

Cadence Growth Capital

Immatics Biotechnologies

Nextmarkets

Spanflug Technologies

Semalytix

Flex Capital

Qualifyze

Frequenz.io

Agora Innovation (iVE.ONE)

Work highlights

  • Advising the founders of the software start-up Signavio on the sale to SAP SE.
  • Advising Immatics Biotechnologies GmbH on the merger with SPAC Arya Sciences Acquisition Corp.
  • Advising Infarm GmbH on a $170 million Series C financing round.

Public sector > Planning and environment Tier 1

With a strong team covering a wide range of issues, CMS' practice continues to be one of the top addresses for environmental and planning law advice. Particularly noteworthy is its representation of clients in the context of large infrastructure and construction projects for spatial planning, planning approval and approval procedures, as well as in a number of third-party challenge proceedings, with Christiane Kappes, for example, leading advice to and defence of the much-noticed Fixed Fehmarnbelt crossing project. The energy and raw materials sector is another mainstay of the practice, whereby its close cooperation with the energy practice is of great benefit. The team advises industrial companies on environmental and planning law compliance, and also regularly demonstrates in-depth expertise in water, waste and product-related environmental law. Christian Scherer in Cologne jointly leads the practice with Ursula Steinkemper in Stuttgart. Fritz von Hammerstein is 'circumspect and competent'.

Testimonials

‘Industry knowledge, experience with water rights proceedings, networking.’

‘Coverage of all areas of law including tax law, high professional quality, international orientation.

‘Miss Dr. Ursula Steinkemper (Stuttgart law firm): Great professional know-how, confident appearance, quick to react, also a very pleasant person on an interpersonal level.’

‘The team around Dr. Fritz von Hammerstein represented us very carefully and competently in two administrative court disputes that were important for our company. It is remarkable how in-depth the team is not only legally, but also environmentally versed and can discuss complex questions of nature and species protection law with our environmental experts on an equal footing. The excellent connection to the responsible authorities was particularly helpful. He made it possible to coordinate and implement unconventional solutions in a short period of time, which would normally have taken much longer. The cooperation with the obviously well-established team is smooth, fast and efficient.’

Fritz von Hammerstein’s legal and strategic advice on environmental and planning law can be relied upon. He is very experienced. He communicates openly, understandably and is not afraid to tell unpleasant truths. He gets to the heart of complex legal and strategic issues.’

‘We really liked the Associate Dr. Clara Volkert (environmental law), who drafted very focused briefs under time pressure with great commitment and independently coordinated them with our project team, the environmental experts and the authorities.’

Key clients

Femern Bælt A/S

Hamburger Wasserwerke GmbH

Hanseatic Energy Hub GmbH

K+S Minerals and Agriculture GmbH

NeuConnect

Verbund AG und Innwerk AG

Work highlights

  • Comprehensive advice to Femern Bælt A/S in the planning approval process for the fixed link across the Fehmarnbelt (investment volume over €7 billion) one of the largest European infrastructure projects. Defense of the plan approval decision before the Federal Administrative Court.
  • Assessment and conception of all legal, in particular regulatory requirements for the hydrogen pilot project of the city of Frankfurt am Main and Mainova AG, taking into account the entire value chain.
  • Advising Jochenstein AG (Verbund AG) in the planning approval process for the construction of a 300 MW pumped storage power plant on the German-Austrian border.

Public sector > Public procurement Tier 1

As one of the top addresses for in public procurement law, CMS' practice is spread across several locations and can draw on longstanding cooperation with cities and municipalities as well as on sound industry know-how in the infrastructure, construction, utilities, IT and communication, health and defence sectors. The team assists with the expansion of the German electricity and gas transmission network as well as various large infrastructure projects, while the representation of large industrial companies in award and review procedures also represents an important part of the practice. In the healthcare sector, the group focuses on advising large pharmacies that supply clinics and, most recently, on Covid-10-related issues, such as the establishment of vaccination centres. The Cologne-based Christian Scherer jointly heads the practice with Jakob Steiff in Frankfurt. Volkmar Wagner is 'extremely practical and solution-oriented'.

Other key lawyers:

Testimonials

‘Very good accessibility and very quick response, both by telephone and email, the advice is based on very broad and well-founded knowledge of the current legal situation and on excellent knowledge of practice and the industry (energy and infrastructure sector).’

‘Dr. Volkmar Wagner also advises in an extremely practice- and solution-oriented manner, the feedback is given in the required brevity and can be applied immediately in practice.’

Work highlights

  • Advising the bidder consortium A3 – Eiffage SA / Johann Bunte as Funders Legal Advisor and the financing financial institutions represented by KfW IPEX-Bank as common agent with regard to the PPP project (V model) on planning, construction, financing, maintenance and operation the A3 in the Biebelried – Fürth/Erlangen section.
  • Advising the Baden-Württemberg Ministry of Economics, Labor and Housing on the selection of a project manager for the preparation and participation in the World Exhibition Dubai 2020, including the preparation of all tender documents and the agency agreement, management of the tendering process and activity as an external tendering agency.
  • Comprehensive assessment and conception of all legal, in particular regulatory requirements for the hydrogen pilot project of the city of Frankfurt am Main and Mainova AG, taking into account the entire value chain (generation, storage, transport and consumption of hydrogen). In particular, assessment of the BImSchG procedure and planning law requirements for the construction of an electrolysis plant at the MHKW Nordweststadt.

Real estate and construction > Construction (including construction litigation)

CMS ‘s construction law practice impresses with an extensive track record of national and international plant construction projects, particularly in the area of renewable and conventional energy generation, including onshore and offshore wind turbines, and their grid connection in particular. Other industry focuses are the chemical, petrochemical and pharmaceutical industries as well as environmental technology and infrastructure. Jointly with other practices and the international network, the group advises on project developments in all project phases. The team, led by Martin Krause, also advises and represents clients in court and international arbitration proceedings on all construction disputes, such as the assertion of residual wage claims and the defence against claims for damages. Contentious construction law matters are a strength of Andreas Roquette. Katja Küpper focuses on advising the public sector on planning and construction contract matters as well as PPP projects, with additional expertise in architectural and engineering law. Infrastructure and plant construction expert Tom Christopher Pröstler has a focus on Asia, particularly dispute resolution, and made partner at the beginning of 2021.

Practice head(s):

Testimonials

‘Very good networking in the industry. High professional level.’

‘Very trusting and cooperative partnership.’

‘Topics are solved quickly and pragmatically.’

‘Combination of legal and tax issues is excellent.’

‘European cooperation very well covered.’

Key clients

INEOS

WIRCON

Merkur Offshore GmbH

Veja Mate Offshore Project GmbH

Albert Speer & Partner GmbH

HOCHTIEF Infrastructure GmbH

Infraleuna GmbH

Iberbrola Renovables Deutschland GmbH

ONTRAS Gastransport GmbH Femern Bælt A/S

Luxcara GmbH

Work highlights

  • Advising INEOS Phenol GmbH on the development of a new large-scale cumene production plant in the Marl Chemical Park. The advice covered the entire project development with a multidisciplinary approach including sales, licensing, settlement, real estate, planning and construction contracts.
  • Advising Luxcara on an investment in the construction of four solar parks in Denmark with the Danish project developer BeGreen A/S.
  • Advising Albert Speer & Partner GmbH on various Germany-wide large-scale construction projects in the field of project development, including the construction of the corporate headquarters for the MHK Group and procedural representation in various other large-scale projects.

Real estate and construction > Project development Tier 1

Real estate and construction > Real estate Tier 1

CMS ‘s real estate team boasts an impressive track record of large-volume portfolio transactions, particularly portfolios in the category housing. The group advises on numerous single asset acquisitions and sales by way of share and asset deals as well as complex forward deals. Clients benefit from the firm’s international network, especially the Luxembourg office, with frequent cooperations on the setup of joint venture structures in the project development space. While the team, led by Sebastian Orthmann, advises on all asset categories, recent activities span supermarkets, retail, logistics, care and data centres, both in the transactional as well as asset management context, the latter constitutes another mainstay for the team. Heinz-Joachim Kummer specialises in advising on project developments, national and international real estate transactions and real estate financing.

Practice head(s):

Other key lawyers:

Testimonials

‘Sebastian Orthmann’s CMS team is extremely conscientious, but at the same time accessible to practical solutions. The consultancy is obviously driven by performance in terms of content and not by maximizing profits.’

‘Sebastian Orthmann delegates to members of his team as far as they are able to fulfill the corresponding task. This is in the interest of everyone involved. At the same time, he remains informed about the matter and can be contacted directly. That’s how it should be.’

‘Very trusting and cooperative partnership; Issues are resolved quickly and pragmatically; Linking of legal and tax issues is excellent; European cooperation very well covered.’

‘Speed, very precise, lawyers very efficient, good advice on standard market regulations in contracts, high motivation.’

‘Efficient real estate law team, many years of expertise, good conflict management, strategic advice.’

‘Very competent and reliable team.’

Key clients

Allianz Real Estate

DIC Asset

Invesco Real Estate

Peakside Capital Advisors

Savills Investment Management

Peach Property Group

Union Investment

Valor

Panattoni

Work highlights

  • Advising Allianz Real Estate on various transactions, including the purchase of London office buildings valued at over €440 million, the purchase of a logistics facility in Vienna and the purchase of the Eiffel Square office complex in Budapest.
  • Advice to DIC Asset on the launch of their largest fund to date with a gross investment volume of €1.6 billion and subsequent advice on the acquisition of the start-up property Deka Office Hub in Frankfurt.
  • Comprehensive legal and tax advice to Invesco Real Estate on the sale of the Prime Four residential portfolio to Real IS.

Trade and distribution > Trade, distribution and logistics Tier 1

In the segments trade, distribution and logistics, CMS comprehensively advises and represents both manufacturers and distributors. The practice group is particularly strong due to its geographically varying industry focuses: In Cologne, this is primarily related to consumer goods, while in Hamburg the maritime sector and life sciences are covered and Stuttgart serves the automotive, mechanical engineering and industrial sectors. Further key strengths are distribution antitrust law, dispute resolution and digital distribution channels, while banking supervision and insolvency law are increasingly making up a large part of the team's workload. Practice head Gerald Gräfe focuses on distribution contracts, product compliance and the automotive sector. Commercial agency and official distributor law, along with Italian distribution law, falls within Robert Budde 's area of responsibility, while Tobias Bomsdorf advises on industrial plant contracts and product liability issues. Counsel Christoph Schröder returned from the firm's Shanghai office in July 2020 and now advises Chinese clients on their European business from Hamburg.

Practice head(s):

Testimonials

‘Very fast response times and good, precise support in various areas of law.’

‘The bundled knowledge of CMS, the colleagues at global locations, the expertise in all things contract law, all this makes the law firm indispensable for the specific issues that we need as a company that operates globally.’

‘Dr. Budde has outstanding professional competence.’

‘Partners and associates working together in partnership. Skills transfer from partner to associate is practiced.’

‘Very high professional competence, very good support in decision-making. Advice beyond the case.’

‘The CMS team works very well together and is well coordinated. It doesn’t matter who you’re currently talking to, because the internal coordination is going extremely well.’

‘The individual people are absolute professionals in the business and understand both the facts and the client. The work is very client-oriented.’

Key clients

Gardena/Husqvarna

Honeywell

Porsche

Jinko Solar

Brembo

Onkyo/ Pioneer

Kärcher

Linde

eBay

INEOS

Coherent

Work highlights

  • Advising Gardena GmbH/ Husqvarna Group on all legal aspects in the drafting and negotiation of contracts for an alliance for the joint use of a battery platform by various manufacturers of domestic electrical appliances.
  • Advice to Alfred Kärcher SE & Co. KG in various areas and on individual projects, including the drafting and negotiation of contracts with suppliers and two strategically important projects to introduce new product lines.
  • Advising Eppendorf AG on the restructuring of the distribution system for Italy; Creation of a new model commercial agency contract.

Transport > Maritime and shipping

Practice head(s):

Other key lawyers:

Dispute resolution > Product liability Tier 2

CMS advises industrial insurers, large medium-sized companies and DAX30 corporations, most of which come from the automotive and pharmaceutical sectors as well as mechanical and plant engineering, on various product liability law issues. Most recently, the team assisted with large industrial claims, drug liability cases and worldwide recalls involving the support of its international firm offices to advise on international aspects. Tobias Bomsdorf, who is experienced in mechanical and plant engineering, is often instructed to assist with matters related to warranty cases and major industrial damages. Thomas Lennarz and Nicolas Wiegand jointly head the team.

Other key lawyers:

Key clients

Daimler

Work highlights

  • Advising Daimler AG on damages claims asserted by diesel vehicle customers. Representation in a large number of lawsuits before German courts (first instance and appeal proceedings) and for diesel individual proceedings abroad.
  • Advising a German industrial insurer on industrial damage.
  • Advising a leading European pharmaceutical company on drug liability cases in Germany (including alleged vaccine damage).

Information technology > Data protection Tier 2

CMS' highly regarded, extensive TMT practice also features in-depth data protection knowledge. Its broad advice focus extends beyond national borders and aims to provide euro-centric data protection assistance (also through the CMS cyber network, which encompasses 75 countries worldwide and acts primarily in the event of cyber attacks and critical emergencies). Fines, claims and proceedings following data breaches are also part of the service portfolio. The practice is headed by Markus Hauser in Munich and Florian Dietrich in Cologne. The team also includes the 'extremely experienced, excellently connected and tactically clever' Christian Runte and 'wonderful, intellectual sparring partner' Michael Kamps.

Other key lawyers:

Testimonials

‘Practical, experienced advice from a diverse and experienced team.’

‘Very broad data protection expertise in a wide variety of facets, enormous track record.’

‘Christian Runte is extremely experienced, super well connected and tactically clever.’

‘The practice area data protection/information technology is characterized by its very practical, pragmatic and solution-oriented advice. CMS understands perfectly how to work out solutions together with the client that fit the specific problem.’

‘Michael Kamps does not get bogged down in highly theoretical memos (unless they are expressly requested), but works out solutions in cooperation with the client. Kamps is a wonderful intellectual sparring partner and, thanks to his cross-industry experience, can also help with highly complex issues. He has a very pragmatic and solution-oriented consulting approach, which is particularly important for in-house lawyers.’

Information technology > IT transactions and outsourcing Tier 2

CMS advises on traditional IT outsourcing as well as on technology and digital transformation transactions and further impresses with its strong focus on blockchain technologies, which is particularly valued by clients from the fintech, communications and automotive industries, while the energy sector also relies on the firm as a strong advisor for innovative and bespoke solutions. Sebastian Cording is particularly renowned for his expertise in ERP systems, IT contracts and litigation. Markus Häuser and Florian Dietrich jointly head the team.

Other key lawyers:

Testimonials

‘Fast and reliable.’

Intellectual property > Trade marks Tier 2

CMS fields a team specialised in colour and shape marks. The group advises on the strategic development of protection strategies as well as on some of the largest infringement proceedings in the German market. Life sciences and pharmaceuticals constitute the team’s key industry focuses, which noteably increased in 2020. Led by Markus Deck in Düsseldorf and Roland Wiring in Hamburg, the team advises on trade mark, competition and trade secrets law, as well as regulatory issues, especially in the healthcare and FMCG sectors. Pertaining to the latter, the team provides interdisciplinary support for the clearing of marketing campaigns, claims and product labels, with a noteworthy increase in sustainability-related mandates. Cross-border matters are another strength of the team thanks to the firm’s international platform. Design law experts Gordian Hasselblatt in Cologne and Nikolas Gregor in Hamburg are among the key contacts. In Stuttgart, Klaus Ikas retired in 2020, while Julia Dönch, specialised in trade mark, competition, copyright and publishing law, joined the team in January 2021, she was previously at BDO Legal.

Restructuring and insolvency > Insolvency Tier 2

As one of the few large firms in Germany, CMS offers both restructuring advice and insolvency administration. The team led by Alexandra Schluck-Amend thus covers a comprehensive spectrum, ranging from classic insolvency administration and self-administration to crisis-related company acquisitions and sales and the settlement of insolvency disputes. The latter segment includes representing managing directors in claim proceedings pertaining to directors' liability. The group's sector focus lies on financial services, as recently reflected by its advice on the first insolvency of a capital management company in Germany as well as the appointment of Michael Frege as administrator of Maple Bank and, more recently, Greensill Bank. The practice has further industry expertise in the automotive, manufacturing, aviation and real estate sectors. Christian Holzmann, who is experienced in insolvency administration and restructuring, made partner at the beginning of 2021.

Practice head(s):

Other key lawyers:

Testimonials

‘Alexandra Schluck-Amend is very knowledgeable, but what stands out is the clarity and determination with which she conveys her advice. Very appreciated.

The team around Dr. Schluck-Amend has the size and qualitative capacity to competently advise several – even complex – restructuring cases at the same time.

Key clients

Brillant Unternehmensgruppe

Bundesrepublik Deutschland, Finanzagentur GmbH

Flughafen Friedrichshafen GmbH / Regionalflughafen Bodensee

Greensill Bank AG

Maple Bank

Nynas GmbH & Co. KG

South 1 EPC Engineering Gesellschaft mbH (vormals MMEC Mannesmann GmbH)

Work highlights

  • Advising the Federal Republic of Germany – Finanzagentur GmbH on granting stabilization measures from the Economic Stabilization Fund (WSF) to MV-WERFTEN.
  • Appointment as insolvency administrator of Greensill Bank.
  • Accompanying the renovation of a German regional airport, especially after the effects of the Covid-19 pandemic.

Banking and finance > Financial services: regulatory Tier 3

With Joachim Kaetzler as co-head of CMS' banking supervisory practice, the firm fields special expertise in anti-money laundering and anti-corruption matters which ensures a constant flow of instructions. In addition, the team advises financial services providers and companies on BaFin registration and licensing procedures, remuneration issues, transactions and payment services such as e-money models. Co-head Andrea Munich, who in addition to Germany is also admitted in Luxembourg, is experienced in Luxembourg financial supervisory law as well as in representing clients before supervisory authorities in both countries and at European level before the ECB.

Testimonials

‘We were very happy to work with CMS Germany because of the quality of partners and associates, the efficient and solution-oriented way of working of our colleagues, the reasonable price-performance ratio and the pleasant atmosphere.’

‘Excellent technical expertise and good industry knowledge.’

‘The team has a special feel for new trends and the needs of the financial sector. The cross-location teamwork also convinced us in terms of a full-service approach.’

‘Very approachable and pragmatic in dealing with the team. Very simple and uncomplicated ways that make it easy for a start-up. You are routed directly to the right people within the firm without having to worry about familiarizing yourself with the individual case. Budgets are communicated and adhered to well and fairly and are also adapted to the company background.’

‘Really unique collaboration, always available with very strong knowledge background. Familiarizing themselves with topics independently without charging extra. Requests are fulfilled in the shortest possible time and always with our perspective in mind. Absolutely pragmatic approach to individual cases, great mediation to colleagues when necessary. Billing absolutely fair, a huge support for our company!’

Key clients

Worldline

Willis Towers Watson

Work highlights

  • Advising Worldline/ Ingenico Divestment on asset sales in Austria to Global Payments sro and in Belgium and Luxembourg to BNP Paribas Fortis.
  • Advice to Willis Towers Watson on setting up the business organization required by regulatory law.

Banking and finance > Investment funds Tier 3

CMS' advice essentially foots on three pillars: fund structuring, investor advice and fund-related transactions, with the latter also drawing on the firm's tax and regulatory capacities. This focus also mirrors the expertise of practice head Daniel Voigt, who is regularly instructed to assist with the structuring, launch and documentation of open and closed funds and with investments. Structuring advice covers the entire spectrum of asset classes, most recently particularly real estate, renewable energies, venture capital and private equity.

Practice head(s):

Other key lawyers:

Testimonials

‘Led by partners, CMS provides a high quality, multi-jurisdictional technical support that I have not found at other law firms. In essence, CMS appears well-equipped to quickly and efficiently address the complex technical tax issues faced by multinational corporations.’

‘Tillman Kempf has provided outstanding technical support on several international transactions.’

‘I consider Tillman Kempf to be a trusted advisor who is always willing to discuss a difficult technical issue with me at short notice and will always put me in touch with another competent partner at CMS if it is outside his personal area of expertise.

‘Dr. Daniel Voigt: Very responsive/accessible; good technical knowledge; recognized in the market; calm, communicative manner even in stressful/conflict situations.

‘The team is basically one of the strongest law firms in supervisory law.’

Banking and finance > Real estate finance Tier 3

CMS‘ versatile client base – consisting of funds, insurance companies, project developers, asset managers and banks – is proof of the team’s broad expertise in real estate financing and refinancing. In addition to advice on traditional acquisition and development financing and existing properties refurbishment, the team is well versed in large-volume syndications of corresponding loans. Marc Seibold, who is based in Stuttgart, regularly leads here and jointly heads the practice with the Hamburg-based Kerstin Block. The group recently predominantly focused on the logistics and residential sectors, but generally assists with matters across all asset classes.

Practice head(s):

Testimonials

‘Very experienced team.’

Capital markets > Equity capital markets Tier 3

While also acting for banks in issuance-related matters, CMS is particularly often instructed by issuers to advise on various capital market transactions; in addition to IPOs on the German stock exchange, NASDAQ and Euronext, these include capital increases, public takeovers and stock dividends. The team is further experienced in advising on segment changes and capital markets-related compliance. The required interdisciplinary skills are reflected in the two practice heads' specialisations: Andreas Zanner is adept at capital markets, corporate and takeover law while Philipp Melzer focuses on ECM, DCM as well as structured financial products.

Practice head(s):

Testimonials

‘Very pragmatic and professional solution orientation; very customer oriented.’

‘Philipp Melzer has very sound capital market experience and is looking for pragmatic solutions in the interest of everyone involved.’

Compliance Tier 3

In addition to preventive advice, the CMS‘ compliance team also offers assistance with forensic compliance. The group has a strong industry focus on regulated areas such as banking & finance, insurance and energy, with particularly frequent coorporations at the corporate interface during the reporting period. The team is headed by Harald Potinecke, who specialises in product liability and product recalls. Florian Block has similar expertise, with additional know how in product safety, while Eckart Gottschalk and Joachim Kaetzler have longstanding experience in corporate governance issues. Daniel Kaiser covers the criminal tax law interface and employment lawyer Amelie Schäfer, who made partner in January 2021, often advises clients on external staff compliance.

Practice head(s):

Testimonials

‘Profound and many years of experience, paired with a pragmatic, but comprehensive and precise approach and professional implementation. Very good availability of the partners, efficient use of time and resources.’

‘Practical.’

‘Success and solution-oriented. Practical advice.’

‘Very competent, fast-acting contacts.’

Key clients

ECE Group

Nord/LB

Work highlights

  • Implementation of a global compliance risk assessment for a DAX30 group to check the legal framework of the business model in over 60 countries.
  • Further development and restructuring of the compliance management system for a European strategy and IT consulting company with a focus on HR, including the internal structures and processes contained therein.
  • Global development of a whistleblower system for an automotive supplier against the background of Directive (EU) 2019/1937 and its implementation in national law.

Germany > Consumer goods and food law Tier 3

CMS' broad practice covers not only the food industry but also tobacco and nicotine replacement products, dietary supplements and cosmetics. The group assists clients with labeling requirements as well as competition and transactional issues among other matters. Cannabis and CBD as well as borderline products, for example between food and medicines, represent a focus for the practice. The team is further increasingly dealing with sustainability matters. Particularly noteworthy is the group's interdisciplinary cooperation with the firm's corporate and antitrust practices. Cologne-based partner Heike Blank heads the practice and assists companies with the whole array of regulatory and competition law issues.

Practice head(s):

Other key lawyers:

Testimonials

‘The team works very well together and is well coordinated.’

‘The team is also very competent and performant with their individuals.’

Corporate and M&A > M&A: mid-sized deals (sub-€500m) Tier 3

CMS is experienced in medium-sized M&A transactions, including acquisitions and sales, joint ventures, carve-outs and distressed M&A transactions. The group predominantely advises companies from the technology, telecoms, medtech and energy sectors. Thanks to its global network, the team is well positioned for cross-border mandates. Antje Becker-Boley , Richard Mitterhuber and Jacob Siebert head the practice group, which also includes Maximilian Grub and Christoph Lächler, both of whom regularly advise investors and companies. Thomas Meyding retired at the end of 2020.

Testimonials

‘Excellent team with very good commercial and legal knowledge. Very result oriented.’

‘Max Grub: High professional competence – and excellent implementation .’

‘Very competent, quick-reacting contact persons, especially Christoph Lächler, who has very sound legal knowledge and uses it optimally.’

Key clients

Telefónica Deutschland

Airbus

Nordex SE

Shell

EnBW Energie Baden-Württemberg AG

Plastic Omnium

Dr. Ing. h.c. F. Porsche AG

Chart Industries Inc.

Dürr AG

Discovery Communications Europe

Bitburger Braugruppe

Synlab

Syntegon Technology

Bankhaus Metzler

Work highlights

  • Advising Telefónica Deutschland on the sale of its passive infrastructure at around 10,000 rooftop locations and up to 80 tower locations for a purchase price of €1.5 billion to Telxius Telecom SA
  • Advising Nordex SE on the sale of the European wind and photovoltaic project development portfolio to RWE.
  • Advising Shell Overseas Investment BV on the obligation to the current consortium of shareholders to acquire 100% of the shares in Next Kraftwerke GmbH, the operator of a virtual power plant platform (VPP).

Dispute resolution > Commercial litigation Tier 3

Based on its sizeable and versatile practice, CMS is well equipped to handle corporate, energy, post-M&A, banking and infrastructure litigation as well as international trade disputes. Most recently, the group advised the German federal government on Covid-19-related PPE equipment deliveries. The practice assists corporations as well as medium-sized and blue-chip companies on national and international level and can, if necessary, also rely on support by offices across the globe. The practice is jointly led by climate protection expert Thomas Lennarz and Nicolas Wiegand, who splits his time between Munich and Hong Kong. Other important team members include Tilman Niedermaier (commercial law disputes), Matthias Schlingmann (court proceedings, arbitration proceedings and ADR) and Claus Thiery (executive liability cases among other matters).

Testimonials

‘Great team.’

Key clients

Daimler

Bundesministerium für Gesundheit

CTS Eventim

STRABAG

Hochtief

E.ON

Vodafone

Roland Berger

Work highlights

  • Advising Daimler AG on damages claims brought by diesel vehicle customers.
  • Representing the German Federal Ministry of Health in court proceedings against providers of respiratory masks purchased as part of an open house tender.
  • Representing an energy company in court proceedings related to a fraud scandal.

Media > Press and publishing Tier 3

From its Hamburg location, CMS assists broadcasters, prestigious publishers and online content providers with the entire spectrum of press and freedom of speech matters, but also advises affected business individuals as well as public bodies and politicians. The practice, including key contacts Michael Fricke and Martin Gerecke, deals with issues such as false media reporting, defends clients against official warning letters, tracks and eliminates reputational damage caused by social media posts and also assists with the deletion of Google search results.

Practice head(s):

Other key lawyers:

Germany > Private clients and non-profits Tier 3

In the succession planning and asset structuring sphere, CMS advises entrepreneurs, including startup entrepreneurs, and private individuals with a focus on governance issues and foundation solutions; the practice regularly acts in cooperation with the firm's corporate team and across locations. The two inheritance law specialists Christian Blum and Dirk Schauer jointly head the group.

Practice head(s):

Other key lawyers:

Testimonials

‘CMS advice can be relied on in every respect. Timelines are always met. CMS thinks ahead and proactively outside the box.’

‘The close coordination between Christian Blum and Dirk Schauer is noticeable at all times and simplifies the discussion of complex issues with private clients practice. In addition, the different client focuses of the lawyers complement each other very well.’

‘The team around Christian Blum and Dr. Dirk Schauer convincing, also as a provider of a second opinion. The calm and unexcited communication at eye level is a pleasure.’

‘The practice has a high level of expertise in inheritance and executorship law. The colleagues reacted very quickly to new developments and always gave the clients prompt feedback. There was always someone available, which is a clear difference to other law firms. There were always concrete agreements and agreements, so that the clients were informed and involved at all times. A central ability is the development of target-oriented and special ideas.’

‘Dr. Thomas Meyer has great expertise in the law of inheritance and the execution of wills. He is full of ideas and is very oriented towards the needs of the client.’

Private equity > Transactions Tier 3

CMS' team demonstrates 'results-oriented and efficient negotiation skills' and, due to its sizeable practice group, is able to oversee numerous small and mid-cap transactions. The team is particularly strong in assisting with buyouts and add-on transactions with a focus on the life sciences and technology sectors. Oliver Wolfgramm and Igor Stenzel head the group which also includes Jörg Lips (sector focus in the areas of technology, manufacturing, e-commerce, real estate and life sciences) and counsel Jessica Mohaupt-Schneider (expertise at the interface of corporate law and financing issues).

Practice head(s):

Testimonials

‘High availability and commitment of the team, very good commercial understanding in the interests of the client, result-oriented and efficient negotiation, very good knowledge of the German M&A market, good network with foreign partner law firms.’

‘Dr. Oliver Wolfgramm: Result-oriented, very good commercial understanding in the interests of the client, efficient negotiation, even with difficult negotiating partners.’

‘Dr. Jessica Mohaupt-Schneider is characterized by immense specialist knowledge, goal-oriented thinking, perfect project management and a strong personality.

Key clients

Armira

Luxcara

Partners Group

RSBG SE / RAG Stiftung

FINEXX GmbH Unternehmensbeteiligungen

capiton

NORD Holding

Seafort Advisors

Mutares

VR Equitypartner

One Square Advisors

Afinum

Harald Quandt Industriebeteiligungen

Work highlights

  • Advising Armira on the sale of all shares in M-Sicherheitsbeteiligungen GmbH (Mehler Vario System Group) to the investment company Deutsche Private Equity (DPE).
  • Advising Luxcara on the investment agreement with the Danish project developer BeGreen A/S for a solar portfolio with a total capacity of up to 415 MW peak power (MWp).
  • Advising NORD Holding on the carve-out of all shares in the Bock Group from GEA Group AG.

Public sector > State aid Tier 3

CMS' state aid practice focuses on assisting with large-scale projects and advising the public sector, including several federal states and the Federal Republic of Germany's finance agency; here, the group was particularly active in advising on pandemic-related stabilisation funds. The team also acts before German and European courts and in complaint procedures before the Commission. After the previously Frankfurt-based Heinz-Joachim Freund retired, the practice is now only represented in Brussels. Practice head Michael Bauer draws on longstanding experience and leads the competition and EU team.

Practice head(s):

Testimonials

‘Broad range in the specialist areas; many years of experience involving young people.’

‘Specific view of the peculiarities of public clients; good communication skills both towards clients and third parties involved.’

Restructuring and insolvency > Restructuring Tier 3

CMS focuses on financial restructuring and restructuring by means of acquisition and sale in crisis situations. As one of the few large international firms, it also assists with the administration of judicial insolvency proceedings in addition to providing advice on restructuring and reorganisation. In line with the team’s focus on distressed M&A, practice head Alexandra Schluck-Amend oversees internal and external financing and restructuring, as well as insolvency-related liability issues. The client portfolio includes companies, including management and shareholders, investors, creditors and insolvency administrators. The latter are frequently defended and represented in liability and rescissory proceedings. Rolf Leithaus is another key contact and particularly advises foreign parent companies on the restructuring and liquidation of their German subsidiaries.

Practice head(s):

Other key lawyers:

Testimonials

‘The law firm has Dr. Alexandra Schluck-Amend and Dr. Rolf Leithaus about two very distinguished partners who, together with their teams – if necessary involving other competencies of the law firm – have many years of experience, even in very complex cases.’

‘Dr. Alexandra Schluck-Amend is an outstanding lawyer who has been advising on restructuring for more than 20 years. Her sovereign and consistent conduct of negotiations deserves special mention.’

‘The team around Dr. Schluck-Amend has the size and qualitative capacity to competently advise several – even complex – restructuring cases at the same time.’

‘Miss Dr. Schluck-Amend combines deep expertise, assertiveness and creativity. She is very resilient and always friendly, even in difficult situations – and determined.’

‘Alexandra Schluck-Amend is very knowledgeable, but what stands out is the clarity and determination with which she conveys the advice.

Key clients

AVANA Invest GmbH

Modine Manufacturing Company

Work highlights

  • Advising AVANA Invest GmbH on issues related to the first insolvency of a capital management company in Germany and the resulting new legal issues in the area of tension between insolvency law, capital investment law and investment tax law.
  • Advice to the German Property Group on the preparation and execution of more than 100 real estate sales and the examination of the enforcement of liability claims.
  • Corporate, restructuring and financing law support for the sale of the European group companies of the Modine Manufacturing Company with a focus on avoiding liability risks for shareholders and managing directors.

Trade and distribution > Foreign trade law Tier 3

CMS covers the entire spectrum of foreign trade law and skilfully serves interfacing areas thanks to the comprehensive advice delivered by the firm's international network. The sanctions law focus is primarily on business in Russia, while the firm is regarded as a one-stop shop for advice on export control compliance. Most recently, there was a noteable increase in the need for advice on investment control, where Kai Neuhaus is the specialist. He also advises on antitrust law with a focus on digital business. Daniel Kaiser is active in the criminal defence of companies in foreign trade law, while Hermann Müller supports clients in public commercial law.

Germany > Antitrust Tier 4

CMS' antitrust team impresses with 'pragmatic and practical advice' and a full-service approach which is complemented by technical specialization within the group as well as the firm's internal network of international antitrust practices. Both Rolf Hempel, who is based in Stuttgart and took over the practice lead at the beginning of 2021, and Tim Reher focus on damages claim proceedings. 'Good strategist' Harald Kahlenberg as well as Christian Haellmigk and Christoff Soltau predominantly assist with national and multi-jurisdictional merger control matters while Markus Schöner is adept at distribution antitrust issues. The client portfolio includes global corporations and companies from the automotive, energy, consumer goods and mechanical engineering sectors. Heinz-Joachim Freund retired in September 2020.

Practice head(s):

Testimonials

‘CMS has good expertise in antitrust law. Key contacts can be reached quickly and are flexible.’

‘Dr. Harald Kahlenberg: very good network in the area, broad experience, very good availability.’

‘Harald Kahlenberg and Rolf Hempel are an excellent team. Both are experienced antitrust lawyers and are extremely thorough and reliable.’

‘Christian Haellmigk is an excellent antitrust lawyer. We use his team to analyze global merger approvals and always receive prompt and solid support.’

‘Dr. Bauer has extremely good knowledge of the industry, also thanks to his collaboration with the Markenverband. His advice is pragmatic and easy to implement in practice. He answers quickly and understandably.’

‘Pragmatic, unpretentious, willing to think quickly about the company’s perspective. Fast problem access. Direct guidance.’

‘Dr. Rolf Hempel is clever and acts in partnership. Nothing is exaggerated or beating around the bush. Dr. Hempel provides pragmatic, concrete legal advice.’

‘Harald Kahlenberg and his team: very experienced, competent, reliable and responsive.’

Banking and finance > Lending and borrowing Tier 4

In February 2021 and at the end of 2021, respectively, Kerstin Block (Hamburg) and André Frischemeier (Frankfurt) took over the lead of CMS' banking and finance group, replacing Markus Pfaff (Frankfurt) and Marc Seibold (Stuttgart), who remain key members of the team. Block has particular expertise in advising on matters in the energy and digital infrastructure sectors, while Frischemeier assists with restructuring and refinancing of financing transactions among other matters; here, the team frequently  cooperates with its corporate and restructuring colleagues which, alongside corporate and acquisition financing, represents one of the practice's mainstays. The practice predominantly, but not exclusively, acts for borrowers.

Testimonials

‘CMS cooperated efficiently, with foresight and with very good timing in a specific corporate financing, but also in corporate financings in the past, and delivered very good work results. The fee quota provided in advance was also not exceeded.’

‘Dr. Markus Pfaff: fluent in negotiations, pragmatic, goal-oriented.’

Banking and finance > Project finance Tier 4

With Kerstin Block taking on the co-lead of its banking and finance division in early 2021, CMS‘ project finance expertise is now also mirrored on practice head level: Block acts with a focus on the energy (particularly renewable energy such as wind and solar) and digital infrastructure sectors, while the team also assists with leasing financing in the transport sector and transport infrastructure projects. She jointly heads the practice with André Fresh Meier, who advises on project, corporate and real estate financing matters.

Other key lawyers:

Compliance > Internal investigations Tier 4

In the crisis management arena, CMS predominantly advises clients from the regulated sectors energy, defence and healthcare. Internationally-oriented corporations and companies are able to draw on the firm’s global network as well as legal tech solutions. The team is headed by Harald Potinecke, who, in addition to product liability law, also has extensive experience in internal investigations and compliance violations. Strategic crisis manager Joachim Kaetzler, criminal lawyer Daniel Kaiser and corporate governance expert Eckart Gottschalk are other key contacts. Florian Block frequently oversees the development and expansion of compliance management systems, while counsel Laura Blumhoff increasingly represents companies in criminal and administrative offence proceedings.

Practice head(s):

Testimonials

‘Practical.’

‘Very competent, fast-reacting contact persons.’

Work highlights

  • Conducting an internal investigation at a German family company due to serious allegations of fraud and manipulation of invoices.
  • Conducting an internal investigation at a strategy and consulting company due to violations in the area of labor law, social security law and HR compliance.  
  • Internal investigation at a real estate and construction company from Great Britain due to allegations of bribery against the company’s own employees when awarding contracts.  

Corporate and M&A > M&A: large deals (€500m+) Tier 4

CMS has longstanding M&A experience, supporting transactions of all sizes. In the large-cap segment, the group is primarily active in the energy, telecoms and medtech sectors and advises on carve-outs, joint ventures, mergers, acquisitions and sales, with frequent cross-border issues pertaining to the US. Another core competence of the team, led by Antje Becker-Boley, Richard Mitterhuber and Jacob Siebert, are distressed M&A matters. Other key members are Maximilian Grub, key advisor to automotive, energy and private equity clients, and Hendrik Hirsch, who assists both sellers and buyers.

Testimonials

‘Practical’.

‘Very competent, fast-reacting contacts.’

Key clients

Telefónica Deutschland

Airbus

Nordex SE

Shell

EnBW Energie Baden-Württemberg AG

Plastic Omnium

Dr. Ing. h.c. F. Porsche AG

Chart Industries Inc.

Dürr AG Discovery Communications Europe

Bitburger Braugruppe

Synlab

Syntegon Technology

Bankhaus Metzler

Work highlights

  • Advising Telefónica Deutschland on the sale of its passive infrastructure at around 10,000 rooftop locations and up to 80 tower locations for a purchase price of €1.5 billion to Telxius Telecom SA.
  • Advising Nordex SE on the sale of the European wind and photovoltaic project development portfolio to RWE.
  • Support of Shell Overseas Investment BV regarding the obligation to the current consortium of shareholders to acquire 100% of the shares in Next Kraftwerke GmbH.

Insurance > Advice to insurers Tier 4

CMS provides insurance law advice ranging from insurance contract and insurance regulatory law to product design. Most recently, the team was primarily active in Covid-19-related issues, for example in relation to reinsurance matters and plant closures. The firm also covers insurtech, the sale of special insurance solutions and insurance tax issues. The group offers special advisory services for matters related to animal and captive insurance. Winfried Schnepp heads the practice and assists insurers with private and supervisory law issues, among other matters.

Practice head(s):

Other key lawyers:

Insurance > Insurance litigation Tier 4

CMS assists clients with the settlement of insurance disputes related to D&O, financial damage liability insurance and niche areas such as damage in art insurance. Most recently, the group primarily focused on Covid-19-related matters, such as business interruption insurance and reinsurance. The practice is headed by insurance specialist Winfried Schnepp.

Practice head(s):

Intellectual property > Patent litigation Tier 4

Germany > Tax Tier 4

In 2020, Björn Demuth (Stuttgart) and tax advisor Angelika Thies (Munich) took over the management of CMS' tax law practice from Heino Büsching, who remains a key member of the team and, in line with the team-wide orientation, focuses on transaction and corporate taxes. In terms of transactional support, the group regularly assists with matters in the energy, real estate, healthcare, private equity, telecommunications and IT sectors and routinely cooperates with its corporate and M&A teams. The team also handles tax compliance, company succession issues, company audits and criminal tax matters; Demuth and Thies are also devoted to this range of issues.

Practice head(s):

Other key lawyers:

Corporate and M&A > M&A: smaller deals (-€100m)

CMS handles transactions of all sizes and focuses on clients from the regulated industries which specialise in innovative projects, such as medical technology, energy and telecoms. In addition to traditional M&A matters, the team also assists with carve-outs and distressed M&A. Antje Becker-Boley, Richard Mitterhuber and Jacob Siebert head the team.  

Latin America: International firms > Projects and energy Tier 3

CMS has a prominent standing in oil and gas, renewables and other infrastructure projects. With offices in Brazil, Chile, Colombia, Peru and Mexico it has extensive regional coverage. Leveraging the firm’s global presence in renewables and climate change, the Latin America team is at the forefront of new energy sources such as green hydrogen projects in Chile and Brazil; the Santiago office advised Porsche on a joint venture project to produce green hydrogen in the evaluation phase and contract negotiations for the pilot manufacturing site in Chile. In Peru, a team that includes Carlos Hamann and Augusto Astorga has a strong record in oil and gas projects and transactions. In Mexico, Enrique Lorente Ludlow and Derek Woodhouse are big names in power and infrastructure projects and regulation. Rio partner Ted Rhodes has an established background in oil and gas, along with renewables, often working alongside colleagues in Europe. Santiago’s Jorge Allende Zañartu and Daniel Rodríguez are also key names.

Practice head(s):

Ted Rhodes; Jorge Allende Zañartu; Daniel Rodríguez; Derek Woodhouse; Enrique Lorente Ludlow; Carlos Hamann; Augusto Astorga; Michelle Barclay; Giancarlo Villafranqui

Key clients

Suez

The Blackstone Group

Pacific Hydro

Enagás

Promigas

Eni

Schlumberger

Baker Hughes

Repsol

Shell

Work highlights

  • Advised the Federal Government (FONATUR) in a consortium with Grupo Typsa on the public procurement procedures for the design, construction and maintenance of the platform and railroad of the seven sections that make up the Maya Train in Mexico.
  • Advised Porsche in a joint venture project to produce green hydrogen at a pilot manufacturing site in Chile.
  • Advised Pareto Securities on the structuring of an international bond issue for the Canadian petroleum company Petrotal Corp.

Latin America: International firms > Banking and finance Tier 4

CMS‘s rapid growth across Latin America, which now includes a presence in Brazil, Chile, Colombia, Peru and Mexico, has ensured that it is gaining market share in major financings and restructurings. The group also works closely with a number of prominent firms in the US. It represents a variety of international and regional banks, multilateral lenders, and a multitude of corporate borrowers. The firm consistently impresses in oil and gas, energy and infrastructure financings, including acquisition finance and project finance transactions. Fintech and bank regulatory matters are other fortes for the team. Colombia partners Daniel Rodríguez and Sergio Rodríguez-Azuero are amongst a number of banking and finance specialists within the wider Latin America group.

Practice head(s):

Ted Rhodes

Key clients

Sun International

Elecnor

Banco Santander

Departamento Administrativo Defensoría del Espacio Público del Distrito de Bogotá – DADEP

Agence Francaise de Development

Scotiabank

BBVA

Bankaool, Institución de Banca Múltiple

PetroRio

Tu Dinero Digital

Work highlights

  • Advised PetroRio on bridge and long-term financing arrangements for the acquisition of the OSX-3 (now re-named FPSO Bravo) floating oil production platform (FPSO).
  • Advised Agence Francaise de Development on the budgetary loan granted to the Republic of Colombia for the financing of the 2018-2022 National Development Plan.
  • Advised Kallpa Securities SAB on its capacity as structuring entity for a FIBRA bond issuance program of up to $2bn.

Latin America: International firms > Corporate and M&A Tier 4

CMS continues to make a further impression in cross-border M&A, driven in part by the firm’s global presence. The Latin America group has experienced an upsurge in distressed M&A engagements, including deals in the hotels and leisure sector, along with infrastructure, energy and renewables investments, and private equity transactions. With prominent teams in Brazil, Mexico, Colombia, Chile and Peru, it has strong connections to local and regional businesses, while making use of the firm’s global network and relationships with US-based firms. Jorge Allende Destuet and Ramón Valdivieso are key names in Chile, Juan Carlos Escudero  is a prominent figure in Peru, Juan Camilo Rodríguez is a leader in Colombia, and Ted Rhodes is an experienced energy M&A specialist in Brazil.

Practice head(s):

Ted Rhodes; Ramón Valdivieso, Jorge Allende; Juan Camilo Rodriguez; César Lechuga, Giancarlo Schievenini; Juan Carlos Escudero; Miguel Viale

Key clients

Nueva Inversiones Pacifico Sur

Grupo Cosemar

Blackstone

Porsche Aktiengesellschaft

Enagás

Atlantica Infraestructura Sostenible

Indigo Group

Banco Santander

Sun Dreams

Polysistemas

Work highlights

  • Advised on the $160m acquisition of a 65% stake in casino operator Sun Dreams from Sun Latam.
  • Advised Atlantica Infraestructura Sostenible on the acquisition of 100% of the shares of AAGES Spain 2, a subsidiary of Algonquin Power & Utilities.
  • Advised Banco Santander on the execution of framework agreements to purchase accounts receivables from Repsol Comercial and Refineria La Pampilla.

Ranked as a Top 10 Global Law Firm, CMS is a Future Facing full-service law firm with more than 70 offices in more than 40 countries and 5,000+ lawyers worldwide that combines deep local market understanding with a global overview. CMS has a strong presence in Latin America, with offices in Brazil, Chile, Colombia, Mexico and Peru. We are one of the few law firms present in all Pacific Alliance countries.

CMS offers specialist, business-focused advice in law and tax matters to clients operating in complex business and constantly changing regulatory environments.
From major multinationals and mid-caps to enterprising start-ups, CMS provides the technical rigour, strategic excellence and long-term partnership to keep each client ahead whatever its chosen markets.
For information on recent work, member firms, publications and full contact details please visit: cms.law.

Main Areas of Practice:
CMS offers a unique combination of deep knowledge, practice and expertise in areas of law including: Banking & Finance, Commercial, Competition, Corporate / M&A, Employment & Pensions, Dispute Resolution, Public Procurement, Real Estate & Construction, Tax, Compliance, Corporate Criminal Law, Intellectual Property, Technology, Media & Communications, Lifesciences & Healthcare, Insolvency, Restructuring & Liquidation, Customs Law & Trade, Consumer Products, Funds, Hotels & Leisure, Infrastructure, Insurance, Private Equity, Energy & Climate Change.

DepartmentNameEmailTelephone
CMS Latin America Steering Committee, Chair Jorge Allende Z.jorge.allende@cms-ca.com
CMS Brazil, Office Managing Partner, Member of the CMS Latin America Steering Committee Ted Rhodested.rhodes@cms-cmno.com
CMS Chile, Managing Partner Ramón Valdiviesoramon.valdivieso@cms-ca.com
CMS Colombia, Managing Partner, Member of the CMS Latin America Steering Committee Juan Camilo Rodríguezjuan.rodriguez@cms-ra.com
CMS Mexico, Managing Partner, Member of the CMS Latin America Steering Committee Enrique Lorente Ludlowenrique.lorente@cms-wll.com
CMS Peru, Managing Partner, Member of the CMS Latin America Steering Committee Juan Carlos Escuderojuancarlos.escudero@cms-grau.com
Member of the CMS Latin America Steering Committee Michelle Barclaymichelle.barclay@cms-grau.com
Member of the CMS Latin America Steering Committee Fernando De Carcerfernando.decarcer@cms-ca.com
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