A&O Shearman demonstrates expertise in restructuring and transformation processes, including downsizing measures, as well as advising on compensation and employee participation programs, although the team is also well versed in board advice, company pension schemes and HR compliance. Issues of collective bargaining and employment disputes are often handled by Thomas Ubber, making him one of the key contacts for collective bargaining and defense against impending strike action. The team is led by Markulf Behrendt (restructuring, litigation, compliance) and Sebastian Schulz, who is experienced in compensation issues and transaction-related employment matters, made partner in May 2024.
Legal 500 Editorial commentary
Testimonials
Collated independently by Legal 500 research team.
'The team is extremely well informed on all issues relating to employment law and can always provide information and recommendations at a very high level. They always provide a quick answer that is very sound in terms of both content and facts.'
'A really very experienced team that is fully committed to the task and provides pragmatic support.'
'Highly professional handling of legal issues, in-depth analysis of case law and literature, and development of our own, innovative approaches to solving problems. Legal issues are assessed in depth and presented dogmatically and in brilliant legal language and technique.'
'Thomas Ubber is an excellent partner in all matters relating to employment law. Bettina Scharff has advised us extremely competently in recent months on issues relating to remuneration and co-determination. Her advice and recommendations were extremely helpful in discussions with the works councils. Both understand their clients' problems and quickly find really good solutions.'
'Markulf Behrendt is our main contact for employment law. We have been working with him for several years and value his advice very much; he knows the legal situation very well and takes a pragmatic and commercially sensible approach.'
'Extensive expertise in the field of collective bargaining and strike law; pragmatic, first-class advice.'
Key clients
- BCS Automotive Interface Solutions/ Luxshare
- Venator Materials PLC
- Deutsche Bahn AG
- DB Cargo AG
- REWE Deutscher Supermarkt AG & Co. KGaA
- SEFE Securing Energy for Europe GmbH/ WINGAS GmbH
- Aquila Capital
Work highlights
Representation of BCS Automotive Interface Solutions/ Luxshare in negotiations on balancing of interests and social plan for plant closure with simultaneous spin-off of global structures and transfer to group companies, including enforcement and negotiation in conciliation board.
Advice to Deutsche Bahn AG in the recently settled wage dispute with GDL, including interim injunction proceedings aimed at prohibiting strikes, as well as advice on GDL's collective bargaining capacity, including a procedure pursuant to Section 97 of the Labor Courts Act to determine that the GDL is incapable of bargaining. Procedures to enforce the majority collective agreements in the railway companies pursuant to Section 4a of the TVG. Also advice on wage dispute with the EVG union, as well as successful defense against a 50-hour strike and examination of any third-party claims against the client.
Advising a provider of pension buy-out/pension risk transfer solutions on the assumption of pension liabilities of several corporate groups (international manufacturer of innovative washing ceramics and international cable manufacturer) by a so-called pensioner company, including review of existing pension commitments for legal and economic risks (pension adjustments, collective amendment processes and company pension scheme compliance) as well as transaction support.
Lawyers
Leading partners
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
Practice head
Markulf Behrendt
Other key lawyers
Thomas Ubber; Bettina Scharff; Sebastian Schulz; Peter Wehner