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Capital market law,
investor damages cases

The capital market is the blood in the veins of the market economy. However, the capital markets are complex and volatile. And where high volumes are traded, there is an increased risk for significant losses. Therefore, highly-specialized professional advice and representation in case of losses is paramount..

We represent aggrieved clients, both private individuals and professional as well as institutional investors, in civil and criminal proceedings relating to capital market law issues:

  • breaches of duty in investment advice and asset management
  • losses with unit-linked life insurance policies
  • products of the grey capital market, private equity investments, alternative investments
  • prospectus liability
  • share price and market manipulation
  • damages due to and recovery of kickbacks (retrocessions)
  • ponzy schemes, financial investment fraud.

Competition law, consumer protection

The free market economy is a cornerstone of a liberal society. In free competition, there are a multitude of legitimate ways to promote one's own market position. The dark side of the market economy is unfair or anti-competitive business practices. Companies that engage in such business practices do not make profits through special achievements in fair competition, but through unlawful conduct. Such business practices endanger free competition, hinder innovation, disadvantage lawfully-behaving competitors and customers (companies as well as consumers). We represent injured entrepreneurs and consumers as well as their interest groups in cases of anti-competitive business practices and consumer protection, in particular in the following cases:
  • misleading, deceptive and/or aggressive business practices
  • abusive, grossly disadvantageous and/or intransparent general terms and conditions
  • pyramid and snowball schemes
  • hard core cartels such as price fixing agreements, exploitation of dominant market positions and other market manipulations

Trademark and Copyright Law

Trademarks and copyrights are important assets in the modern business cycle and key drivers of innovation, creativity and revenue growth. These assets need to be carefully built, monitored and protected. We support you in your trademark strategy, in the establishment, exploitation (licensing) and protection (policing) of your intellectual property rights. A special passion of our firm is good music. We want to help musicians pursue their passion and talent and enrich the world. So, if you are the next Bruce Springsteen, Tom Petty (RIP) or Jon Bon Jovi, you won't get billed for our services - never. But we want to be allowed to stream your music and get tickets for your concerts. By the way, from the trademark dispute Mattel v. MCA Records (296 F.3d 894, 9th Cir. 2002) about the song "Barbie Girl" (Mattel wanted to enforce its trademark rights on the famous children's toy against Aqua's recording studio) comes the most original introduction to date:
“If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong”,
and the most original ending to a court ruling:
“The parties are advised to chill.”
Even lawyers can (sometimes) be creative and deserve copyright protection.

Legal tech, class action cases.

Access to justice must not be allowed to fail due to high lawyers and court fees. The legal industry must therefore move away from manual work and toward industrialization and digitization of the products and services it offers (legal tech).
Through efficient processes and economies of scale, even the smallest claims (micro claims) can be enforced in an economically viable manner. Even if the opponents are economically superior.
We develop solutions and workflows, especially for mass claims in the area of investor and consumer protection, for the most automated and efficient liquidation of the claims of the injured parties.

Asset recovery, corporate liability, liability and insurance law, debt enforcement and bankruptcy law.

The goal of a legal dispute is not the judgment, but the liquidation of the claim.
It is not uncommon for debtors to attempt to escape legitimate claims by concealing assets in complicated trust and corporate structures, or by other manipulations. The limits of legitimate structuring for asset protection purposes are then exceeded. This issue takes on additional complexity in the digitalized space of blockchain.
Based on our training and experience, we can in many cases anticipate such manipulations or detect them at early stages, trace the paper trail and secure the assets. In this way, we increase the chances of successfully recovering the assets that were thought to be lost (asset recovery).
In the wake of such manipulations, there is often the responsibility of trustees and/or directors of the misused structures involved, which their business liability and/or D&O insurances might have to cover.

Compliance, money laundering,
white-collar criminal cases

In a free market economy, the boundaries between lawful conduct, unfair competition, regulatory violations and criminal law are often unclear and blurred. Taking risks, including legal risks, and exploring legally ambiguous situations is an indispensable part of a market economy based on innovation and competition.
In the financial sector, anti money laundering compliance and regulatory compliance (MiFID, MiFIR, IDD, AIFMG, prospectus regulations) and the associated liability risks are of the utmost importance.
We are happy to support you in checking your business ideas for compliance with the legal framework, in identifying potential risks but also business opportunities. After all, not everything that is not blossom white at first glance must immediately trigger suspicion of money laundering. Should you nevertheless find yourself in the sights of the supervisory and/or prosecution authorities, we will gladly take over the defense of you and/or your company.

let‘s stand together

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