Wilhelm Rechtsanwälte

 
 
 
 
 
 
News

We are "Germany's Insurance Law Firm of the Year 2017"

News

Andreas Shell of AGCS joins Wilhelm to advise policyholders

News

Multiple insurance: who pays for cyber damage?

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We are counsel to companies and their managers in complex matters – highly specialized, international and pragmatic.

About us

Our law firm specializes in insurance and liability, criminal law and corporate law.

Advising in critical situations

We advise domestic and multi-national corporations, medium-sized companies, investors, shareholders and decision makers in critical situations – for example when facing a possible personal liability, when experiencing an unexpected loss or after a breach of law by an employee.

We analyze the respective situation and put up a team of experts. For this, we combine interdisciplinary expertise:

  • Damages and insurance
  • Dispute resolution
  • Restructuring and financing
  • Commercial criminal law and compliance

More than just legal excellence

We question accepted legal arguments and thus find new, sometimes controversial approaches. By combining specialized legal expertise with technical and economic know how, we find pragmatic and efficient solutions for our clients in challenging situations.

 

You may download an overview of our firm and of our lawyers' legal services here.

 

 

 

 

 

 

References

Awards

JUVE: Law Firm of the Year for Insurance Law 2011 and 2017 (JUVE Handbook German Commercial Law Firms)

Law Awards 2015: Insurance Law Firm of the Year Germany (Finance Monthly)

Financial Business Award 2014: Private Equity Law Firm of the Year Germany (Finance Monthly)

Ukrainian Banker Award: M&A-Deal of the Year 2012 (Investgazeta)

 

Recommendations

JUVE Handbook German Commercial Law Firms since 2008/09: highly recommended firm in Insurance

"Brilliant minds who are very engaged and act strategically"  (JUVE Handbook 2016/17)

Clients praise Mark Wilhelm's ‘great expertise’ and ‘close, personal advice’ as well as the ‘impressive team’“ (JUVE Handbook 2014/15)

“Within just a few years, Wilhelm has established itself as a brand […] and an all-round advisor to policyholders“ (JUVE Handbuch 2011/12)

Legal 500 Germany since 2015: Leading Law Firm in Insurance Law

"A team of ‘subject matter experts’"  (Legal 500 Germany 2016)

Chambers Europe since 2015: recommended in Insurance Law Germany

"Widely recognised for its specialism in representing policyholders in litigation cases"   (Chambers Europe 2016)

Handelsblatt Best Lawyers 2016: recommended in Litigation (Lars Winkler)

WirtschaftsWoche 2015: top law firm for insurance law

FOCUS-Special „Germany's Top Lawyers 2016“: top commercial law firm for insurance law

Expert Guides 2015 and 2016: Leading Lawyer in Insurance and Reinsurance Germany: Dr. Mark Wilhelm, Rising Star in Insurance and Reinsurance Germany: Dr. Fabian Herdter, Christian Becker

 

 

 

 

 

 

 

International

Our approach is international. We advise our multi-national clients for example on insurance and liability issues or on transactions connected to German law. Our firm handles matters in German, English, Russian and French.

Our network

In international projects and disputes, we work together with local law firms chosen by our clients. In many cases, we partner with Clausen Miller International (CMI), a network of more than 200 lawyers specializing in insurance and liability at offices in Chicago, New York, London, Paris, Rome and Brussels.

Our teams support clients in complex matters in various jurisdictions worldwide:

  • Proceedings before courts in the US, UK and Continental Europe
  • Settlement of cross-border liability and coverage disputes
  • Optimization of international insurance programs
  • Advice on national company law, regulatory law and capital market law
  • Settlement of reinsurance disputes

For further information on CMI please follow: www.clausenmillerinternational.com

Focus Russia / CIS

A focus of our advice is on issues relating to Eastern Europe and CIS countries. At our Berlin office, we advise clients i.a. from Russia, Belarus, Ukraine or Kazakhstan as well as Western European companies on all questions regarding cross-border business.

With his expertise, experience and personal network, our partner Piet Mumm - General Counsel with Gazprom for many years - is a major support to our clients.

 

 

 

 

 

 

 

Offices

Our lawyers in Germany work at two offices:

Düsseldorf Office (seat):

 

Wilhelm Rechtsanwälte DüsseldorfReichsstraße 43
40217 Düsseldorf
Germany
Tel: +49 211 687746 26
Fax: +49 211 687746 20

 

How to find us (PDF)

Lawyers at the Düsseldorf office:

  • Dr. Mark Wilhelm, LL.M. (Partner)
  • Lars Winkler (Partner)
  • Felix Schaefer (Partner)
  • Dr. Fabian Herdter, LL.M. Eur. (Partner)
  • Bernd Guntermann
  • Dr. Friedrich Isenbart
  • Christian Becker
  • Christian Drave, LL.M.
  • Maximilian Hofmann
  • Cäsar Czeremuga, LL.M.
  • Tobias Wessel
  • Martin Kandzia
  • Albrecht Birke

 

Berlin Office:

Mommsenstraße 45
10629 Berlin
Germany
Tel: +49 (0) 30 . 81 72 732-0
Fax: +49 (0) 30 . 81 72 732-20

 

How to find us (PDF)

Lawyers at the Berlin office:

  • Werner Becker, MBA, M.B.L.

 

 

 

 

 

 

 

With their individual qualifications, experiences and specializations, our lawyers and employees together form a strong team.

Lawyers & Consultants

Dr. Mark Wilhelm, LL.M.

Dr. Mark Wilhelm, LL.M.

Lars Winkler

Lars Winkler

Felix Schaefer

Felix Schaefer

Dr. Fabian Herdter, LL.M. Eur.

Dr. Fabian Herdter, LL.M. Eur.

Piet Mumm

Piet Mumm

Andreas Shell

Dr. Andreas Shell

Dr. Friedrich Isenbart

Dr. Friedrich Isenbart

Christian Becker

Christian Becker

Christian Drave, LL.M.

Christian Drave, LL.M.

Magdalena Möhlenkamp

Magdalena Möhlenkamp

Cäsar Czeremuga

Cäsar Czeremuga, LL.M.

Martin Kandzia

Martin Kandzia, Dipl.-Finanzwirt (FH)

Tobias Wessel

Tobias Wessel

Frederic Neu

Frederic Neu

Bernd Guntermann, LL.M.

Bernd Guntermann, LL.M.

Albrecht Birke

Albrecht Birke

Werner Becker, M.B.L., MBA

Werner Becker, M.B.L., MBA

Christoph Manke

Christoph Manke

Dr. Mark Wilhelm, LL.M.

Dr. Mark Wilhelm, LL.M.

Dr. Mark Wilhelm

Lawyer (Rechtsanwalt)
Master of Insurance Law

Tel +49 (0)211 . 68 77 46-0
mark.wilhelm@wilhelm-rae.de

Dr. Mark Wilhelm specializes in insurance, reinsurance and liability. He advises national and multi-national companies and stock corporations as well as reinsurers and social insurance carriers on issues regarding liability and coverage. He offers legal, strategic and tactical advice to managers.

Dr. Mark Wilhelm advises on liability, coverage and complex insurance products.

Liability

  • Strategic and tactical advice on important management decisions
  • Prevention and protection against liability risks for companies and their managers
  • Claiming against and defending managers
  • Coordination of complex multi causal liability cases

Coverage

  • Coverage disputes in commercial insurance
  • Issues regarding D&O insurance
  • Supervision / coverage counsel for reinsurers in international disputes
  • Run-off of insurance portfolios

Drafting/ development

  • Development of insurance products for special risks
  • Drafting of insurance contracts
  • Group insurance contracts
  • Financial reinsurance, ART, alternative financing

Dr. Mark Wilhelm worked several years for an international law firm. In spring 2006, he founded the law firm Wilhelm together with Lars Winkler. In the course of a post-graduate program of studies, he obtained the “Master of Insurance Law – LL.M.” He is a specialist solicitor (Fachanwalt) for insurance law.

Dr. Mark Wilhelm acts as a counselor in the field of negotiation. He gives lectures and seminars on this issue and is author of the book “Verhandeln im Schadenfall” (“Negotiation in the event of loss”).

Recommendations

Highly recommended in insurance law  (JUVE Handbook German Commercial Law Firms 2009/10 - 2015/16)

“Highly qualified and experienced“  (JUVE Handbook German Commercial Law Firms 2014/15)

“Combines ‘a comprehensive knowledge of the law, a quick grasp of issues and practical advice’“  (Legal 500 Germany 2016)

"Known for his experience in D&O and coverage matters. Sources commend his negotiating ability."  (Chambers Europe 2016)

Leading Lawyer in Insurance and Reinsurance Germany  (Expert Guides 2015)

 

Only a genuine counselor can give qualified advice.

 

Recent publications

Lars Winkler

Lars Winkler

Lars Winkler

Lawyer (Rechtsanwalt)

Tel +49 (0)211 . 68 77 46-0
lars.winkler@wilhelm-rae.de

Lars Winkler specializes in liability, litigation, labour law, social insurance law and corporate law.

He advises companies, social insurance carriers and board members on issues regarding liability, restructuring as well as M&A and represents clients in litigations.

Lars Winkler focuses on the interaction of liability law with other relevant areas of law (insurance law, labour law, employment law, procedural law and social insurance law). He helps avoid risks which might have an influence on a later lawsuit.

He supports social insurance carriers and companies during restructuring (collective labour law, staff council issues) and represents companies or their board members in bringing claims or defending against recourse claims.

Liability

  • Claiming against and defending managers and board members
  • Advice on issues regarding liability, employment and labour in critical business situations
  • Claiming against and defending lawyers, notaries, tax consultants and architects (construction management) for breach of duties or incorrect advice
  • Product liability law and product insurance law
  • Assessment and assertion of damages

Litigation

  • Representing clients in litigations and arbitration proceedings particularly with regard to liability and insurance matters
  • Representing clients in appeal proceedings including appeal against denial of leave to appeal
  • Representation before labour courts and social courts

Labour and social law

  • Representation of companies in matters regarding the collective labour law (mergers, partial shut downs, section 613 a German Civil Code) 
  • Advice and representation of managers and board members as well as of companies in defense or enforcement of liability claims
  • Advice and representation of companies, board members and mangers in proceedings regarding individual labour law (e.g. protection against dismissal)

M&A

  • Representation of investors and buyers in cross border acquisitions

Lars Winkler worked several years as a partner for a medium sized law. Previously, he worked as a tutor. In 2006, he founded the law firm Wilhelm together with Dr. Mark Wilhelm. He is a specialist solicitor (Fachanwalt) for labour law.

In 2012, the acquisition of the former Commerzbank subsidiary PJSC Bank Forum on which Lars Winkler and Dr. Friedrich Isenbart advised received the “Ukrainian Banker Award: M&A Deal of the Year” issued by the Ukrainian InvestGazeta.

Recommendations

Highly recommended in insurance law  (JUVE Handbook German Commercial Law Firms 2013/14, 2014/15, 2015/16)

Recommended in Litigation (Handelsblatt Best Lawyers 2016)

“Tough opponent in proceedings“  (JUVE Handbook German Commercial Law Firms 2014/15)

“Very good understanding of technologically difficult issues and their translation for the court”  (JUVE Handbook German Commercial Law Firms 2015/16)

"Lars Winkler is ‘very structured and analytical’ "  (Legal 500 Germany 2016)

 

“It is so easy to convert others. It is so difficult to convert oneself.” (Oscar Wilde)

 

Felix Schaefer

Felix Schaefer

Felix Schaefer

Lawyer (Rechtsanwalt)

Tel + 49 (0) 211 . 68 77 46-0
felix.schaefer@wilhelm-rae.de

Felix Schaefer specializes in corporate and insolvency law. He advises companies and decision makers in critical business situations, for example in case of imminent insolvency or during corporate restructuring projects. He has extensive expertise in advising companies of the financial industry.

Advice

  • Advising managers on crucial decisions to avert liquidity crises
  • Advice on issues regarding insolvency law
  • Advice on capital market law

Development

  • Drafting of group restructuring concepts
  • Development of financial reorganization strategies
  • Conception and transaction of mergers, takeovers and joint ventures

Before joining Wilhelm Rechtsanwälte, Felix Schaefer worked for several years as a partner with an international major law firm.

 

 

 

Dr. Fabian Herdter, LL.M. Eur.

Dr. Fabian Herdter, LL.M. Eur.

Dr. Fabian Herdter, LL.M. Eur.

Lawyer (Rechtsanwalt)
Master of European and International Business Laws

Tel + 49 (0) 211 . 68 77 46-50
fabian.herdter@wilhelm-rae.de

Dr. Fabian Herdter specializes in insurance, reinsurance and liability. He supports our clients in asserting and enforcing liability claims as well as in fighting off defense claims. He represents clients in coverage disputes, particularly in D&O and fidelity insurance. Dr. Fabian Herdter further assists our clients in drafting and reviewing insurance programs and in developing and revising group insurance concepts.

Liability and coverage

  • Advising managers and executive boards in the event of expected claims
  • Representing managers and members of executive boards in liability disputes
  • Assertion and enforcement of coverage claims in commercial insurance on behalf of companies
  • Advising reinsurers on coverage issues and on how to enforce such claims

Insurance programs and insurance contracts

  • Optimization of international insurance programs
  • Identifying gaps in coverage in layer based insurance programs
  • Improving primary and excess cover (harmonization of insurance terms)
  • Improving co-insurance concepts
  • Drafting of insurance and reinsurance contracts
  • Review of insurance terms and conditions in order to avoid gaps in coverage

Group insurance

  • Drafting of group insurance concepts
  • Examination of existing group insurance contracts (liability risks, tax issues, suggestions for improvement)

Dr. Fabian Herdter obtained his doctorate on group insurance as a research assistant at the Institute for Insurance law in the House of Finance at the Goethe-University Frankfurt. He gave lectures at the Université Lumière Lyon and at the Open University Hagen. Dr. Fabian Herdter holds a Master of European and International Business Laws (LL.M. Eur.). He is business fluent in English and French. Before coming to Wilhelm, he worked as a lawyer in the practice group Insurance/ Reinsurance of an international law firm.

Recommendations:

Highly recommended in insurance law  (JUVE Handbook German Commercial Law Firms 2015/16)

Rising Star in Insurance and Reinsurance Germany (Expert Guides 2015 and 2016)

Piet Mumm

Piet Mumm

Piet Mumm

Lawyer (Rechtsanwalt)

Tel + 49 (0) 30 . 81 72 732-10
piet.mumm@wilhelm-rae.de

Working at our Berlin office, Piet Mumm advises our clients on issues regarding corporate and contract law and international business. A focus of his expertise is on managing business relations with partners in Russia, Ukraine, Belarus, Kazakhstan and Uzbekistan. 

As Head of Legal with Gazprom Switzerland AG, Piet Mumm worked on numerous international transactions, led contract negotiations and was responsible for the company’s compliance. Working for many years in the energy sector, he has broad experience and an extensive network in the European energy sector.

Cross-border corporate projects

  • Due diligences for share and asset deals
  • Company incorporation in Germany and in CIS countries, restructurings and drafting of mergers & acquisitions across jurisdictions
  • Advising foreign investors on investments in Germany
  • Advice on issues regarding international compliance and corporate governance   

Advice on international business Germany – Russia/ CIS

  • Advising German companies on contractual relationships with Eastern European/ CIS partners
  • Drafting and negotiation of purchase, delivery, cooperation or joint venture agreements in international projects
  • Advice on issues regarding energy law and the energy industry
  • Enforcement of contractual claims in international arbitration

Piet Mumm has lived in Belarus and Kazakhstan for several years and speaks Russian and English fluently. He spends his vacations canoeing Siberian rivers.

 

 

 

Dr. Andreas Shell

Andreas Shell

Dr. Andreas Shell

Of Counsel

Tel + 49 (0) 211 . 68 77 46-0
andreas.shell@wilhelm-rae.de

As former Global Head of Claims with a multinational insurer, Dr. Andreas Shell is one of the leading experts in Germany for property insurance. After more than 25 years of experience in commercial insurance, Dr. Andreas Shell today advises reinsurers as well as insured companies on claims settlement and related insurance issues.

Policy holder advice

  • Supporting policy holders during claim settlement, in particular re the communication with insurers
  • Representation in negotiations with insurers and before international arbitral courts
  • Pre-contractual advice on individual risks and on drafting of property insurance policies

Re-insurance advice

  • External Claims Control Counsel (loss adjuster) re medium-sized and major insured events
  • Advising on cost-optimization in claims handling and on accumulation of reserves
  • Party representation in (re-)insurance arbitration

For many years, Dr. Andreas Shell was responsible for the settlement of major damages around the world at Allianz Global Corporate & Specialty (AGCS), for example coordinating the claims settlement across all lines after September 11, 2001. A special focus of his expertise is on property, energy and technical insurance.

Dr. Andreas Shell knows how insurers decide, argue and negotiate, which helps him advising insureds with complex major losses seeking cover.

He is fluent in English, French and Italian.

 

 

 

 

 

 

 

 

 

 

 

 

Dr. Friedrich Isenbart

Dr. Friedrich Isenbart

Dr. Friedrich Isenbart

Lawyer (Rechtsanwalt)

Tel + 49 (0) 211 . 68 77 46-0
friedrich.isenbart@wilhelm-rae.de


 

Dr. Friedrich Isenbart specializes in corporate law, compliance, regulatory and reinsurance law.

Dr. Friedrich Isenbart advises on domestic and cross-border transactions (asset and share deals) and on issues concerning capital market and regulatory law. He has particular expertise with transactions in the financial industry.

A further focus of his advice is on compliance and the organization of companies. He advises clients on the optimization of internal processes and structures as well as on the development of effective compliance systems. 

Dr. Friedrich Isenbart furthermore advises reinsurers in the context of major liability proceedings (litigation monitoring) and on coverage issues.

Transactions

  • Domestic and cross-border M&A-transactions and private equity investments
  • Restructurings
  • Asset deals (esp. real estate and loan portfolios)

Compliance

  • Assessment and optimization of processes and organizational structures
  • Design of compliance systems and advice on their implementation
  • Advice on compliance requirements

Regulatory and capital market law

  • Advice on Solvency II
  • Capital market law (esp. securities trading law, MiFID II)
  • Regulatory advice on transactions in the banking and insurance sector 

Reinsurance

  • Advice in major (national and international) liability proceedings (litigation monitoring)
  • Advice on coverage issues under reinsurance agreements
  • Regulatory advice

Dr. Friedrich Isenbart worked with a major international law firm in the areas of corporate and restructuring as well as with a renowned German law firm specializing in banking law. He studied law in Osnabrück, Paris und Lausanne.

Dr. Friedrich Isenbart received the Financial Business Award 2014 and Law Award 2015 for Wilhelm Rechtsanwälte (both in the category Private Equity) issued by Finance Monthly Magazine. In 2012, the acquisition of the former Commerzbank subsidiary PJSC Bank Forum on which Lars Winkler and Dr. Friedrich Isenbart advised received the “Ukrainian Banker Award: M&A Deal of the Year” issued by InvestGazeta.

Dr. Friedrich Isenbart regularly publishes on issues concerning corporate, regulatory and reinsurance law. Besides the selection of recent articles listed below, he published among others the chapter “Anforderungen an Leitungsorgane und deren Mitglieder“ (“requirements for management bodies and their members”) in the book “MiFID II und MiFIR – Umsetzung in der Bankpraxis“ (“MiFID II and MiFIR – implementation in the banking practice“) and the commentary on sec. 43 German Limited Liability Companies Act (director’s liability) in the German Limited Liability Companies Act’s online commentary.

Christian Becker

Christian Becker

Christian Becker

Lawyer (Rechtsanwalt)

Tel + 49 (0) 211 . 68 77 46-14
christian.becker@wilhelm-rae.de
 

As a specialist solicitor (Fachanwalt), Christian Becker advises companies and corporations among others on industrial indemnity insurance (including all risks and liability insurance). He supports our clients in bringing liability claims against tortfeasors as well as in defending against claims. He combines legal expertise and technical know-how.

Liability

  • Assertion of and defense against liability claims in case of damages to industrial plants
  • Assessment of implications of liability claims for insurance coverage
  • Safeguarding and asserting recourse claims

Coverage

  • Assertion of coverage claims among others under all risks insurance (contractors‘ all risks insurance, construction all risks and machinery insurance) as well as under liability insurance (comprehensive general liability and product liability insurance, including products recall insurance)
  • Settlement of claims under project insurance policies

Development

  • Drafting and legal review of insurance terms
  • Advice on the scope of coverage under individual policies

Christian Becker has longstanding and extensive experience in litigation. He gives lectures and writes articles on topical issues of commercial insurance. He is also a qualified electronic technician which helps him meet the complex challenges of our clients of the plant engineering industry.

Recommendations

Highly recommended in insurance law  (JUVE Handbook German Commercial Law Firms 2012/13, 2013/14, 2014/15)

“Committed litigator, expert on the subject matter“  (JUVE Handbook German Commercial Law Firms 2012/13)

Recommended in Insurance - Dispute Resolution (Legal 500 Germany 2016)

"Has ‘great technical knowledge’"  (Legal 500 Germany 2016)

Rising Star in Insurance and Reinsurance Germany (Expert Guides 2015 and 2016)

Recent publications

Christian Drave, LL.M.

Christian Drave, LL.M.

Christian Drave, LL.M.

Lawyer (Rechtsanwalt)
Master of Insurance Law

Tel + 49 (0) 211 . 68 77 46-43
christian.drave@wilhelm-rae.de

Christian Drave specializes in commercial insurance and liability.

The focus of his work is on the advice on issues regarding international insurance cover (i.a. with respect to international insurance programs). Christian Drave supports companies in working out optimal insurance solutions, in risk management and the settlement of claims.

As an expert for liability issues, Christian Drave advices companies on all aspects of liability and insurance cover. A focus of his advice is the coordination of liability claims and insurance cover in product liability cases and recalls, in particular internationally.

Christian Drave supports clients with the defense and the assertion of liability claims and recourse. He has extensive litigation experience – domestically and abroad. 

Liability

  • Defense and assertion of claims in liability cases
  • Safeguarding and asserting rights of recourse
  • International litigation in commercial law, transportation and maritime law

Coverage

  • Coverage disputes i.a. on credit insurance, engineering insurance and commercial liability insurance
  • Issues regarding maritime and transportation insurance
  • Claims settlement: representation both in and out of court

Drafting / development

  • Drafting of insurance contracts
  • Captives and regulatory issues (in particular Solvency II requirements)
  • Development of concepts of risk management and risk transfer, ART
  • Reinsurance

Christian Drave regularly holds lectures and publishes on specific insurance law issues, especially with respect to cyber risks and captives. He holds a “Master of Insurance Law” (LL.M.) and is a specialist solicitor for transportation and shipping law and a qualified shipping businessmen.

 

Recent publications

Magdalena Möhlenkamp

Magdalena Möhlenkamp

Magdalena Möhlenkamp

Lawyer

Tel + 49 (0) 211 . 68 77 46-57
magdalena.moehlenkamp@wilhelm-rae.de

Magdalena Möhlenkamp advises our clients among others on corporate matters and insolvency related issues. She drafts contracts and helps clients mitigate liability risks.

Magdalena Möhlenkamp studied law at the Universities of Passau and Bonn. She has further qualifications in Business English and worked in a leading US law firm on matters regarding liability and damages during her legal clerkship.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cäsar Czeremuga, LL.M.

Cäsar Czeremuga

Cäsar Czeremuga, LL.M.

Lawyer (Rechtsanwalt)
Master of Insurance Law

Tel + 49 (0) 211 . 68 77 46-19
caesar.czeremuga@wilhelm-rae.de

Cäsar Czeremuga advises companies and decision makers in critical situations on liability and insurance law. He represents our clients in defense and assertion of liability claims and recourse claims.

Cäsar Czeremuga puts a focus on product liability and respective insurance. Furthermore, he advises on D&O liability and cover claims.

Liability

  • Assertion and enforcement of recourse claims
  • Defending producers of defective products against claims for compensation
  • Bringing claims against managers and defending managers against damage claims

Insurance

  • Settlement of insured events out-of-court and through litigation
  • Matters regarding product liabilty insurance
  • Coverage disputes under D&O insurance

Cäsar Czeremuga studied in Münster and holds a Master of Laws (LL.M.) in insurance law. He was director of the Research Department for Insurance at the University of Münster for several years. He speaks German, English and Polish.

 

 

 

 

 

 

 

Martin Kandzia, Dipl.-Finanzwirt (FH)

Martin Kandzia

Martin Kandzia, Dipl.-Finw. (FH)

Lawyer

Tel + 49 (0) 211 . 68 77 46-24
martin.kandzia@wilhelm-rae.de

Martin Kandzia advises on liability law, corporate law and tax law.

In addition to his legal expertise, Martin Kandzia has extensive tax and financial knowledge from his degree in fiscal economics (he graduated as “Diplom-Finanzwirt”). Among others, he is a contact person for companies with complex pecuniary claims or for decision makers with liability issues in the corporate and tax law context.

Liability

  • Representation in claims settlement, both in court and out-of-court
  • Advise on executive body liability (e.g. in connection with criminal tax law matters)

Corporate law

  • Advise of companies on corporate structuring, in particular in critical situations
  • Restructuring and rehabilitation

Taxes

  • Advise on tax planning (tax compliance)
  • Tax law advise and representation of companies in situations close to insolvency or criminal tax law investigation proceedings

Martin Kandzia completed a combined study program at the tax authority of Lower Saxony. After that, he studied law at the University of Bremen. During his studies, Martin Kandzia worked as research assistant with several international corporate law firms.

In his dissertation, he deals with questions regarding corporate structuring in a company crisis. He speaks German, English and Polish.

 

 

 

 

 

Tobias Wessel

Tobias Wessel

Tobias Wessel

Lawyer (Rechtsanwalt)

Tel + 49 (0) 211 . 68 77 46-29
tobias.wessel@wilhelm-rae.de

Tobias Wessel represents clients in legal disputes, amongst others in the areas of liability and insurance law.

With his experience in litigation, Tobias Wessel asserts claims for damages, recourse and coverage or defends clients against unjustified claims. He puts emphasis on out-of-court settlement and advice. In close cooperation with the client, he achieves dispute resolutions that meet the interests of all parties in order to settle disputes pragmatically at an early stage.

Tobias Wessel advises clients on drafting contracts, terms and conditions or statutes. He identifies potential conflictual aspects helping the client avoid liability risks.

Litigation

  • Representation in court proceedings
  • Assertion of claims (e.g. for damages or insurance benefit)
  • Defense against third party liability claims

Out-of-court dispute resolution and advice

  • Out-of-court representation and negotiation to settle disputes
  • Advice on avoiding conflicts and liability
  • Drafting of contracts and clauses

Tobias Wessel studied law in Freiburg im Breisgau. During his legal internship, he worked with a nationwide law firm specializing in liability and insurance law and represented clients in numerous liability proceedings.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Frederic Neu

Frederic Neu

Frederic Neu

Lawyer
Executive Master of Insurance

Tel + 49 (0) 211 . 68 77 46-13
frederic.neu@wilhelm-rae.de

Frederic Neu specializes in liability and coverage issues under insurance and reinsurance contracts.

He advises companies and decision-makers on these matters.

Liability

  • Representation in the judicial and out-of-court settlement of claims

Insurance

  • Assessment of coverage concepts
  • Advising companies on insurance programs
  • Drafting and development of insurance programs for new insurance products

Reinsurance

  • Handling of cover issues
  • Advice on interpretation of contract clauses
  • Structuring of reinsurance programs

Frederic Neu studied law in Augsburg. He also holds an Executive Master of Insurance gained at Ludwig-Maximilians-University of Munich. As part of his legal traineeship, he worked with a law firm specialized in insurance law and with a law firm in San Francisco (California). Before joining the law firm Wilhelm, he had for some years been responsible for the settlement of liability claims in the claims department of a large reinsurer. Most recently he worked in underwriting.

He advises in German, English and French.

 

 

 

 

 

 

 

 

 

 

 

 

Bernd Guntermann, LL.M.

Bernd Guntermann, LL.M.

Bernd Guntermann, LL.M.

Lawyer (Rechtsanwalt)
Master of Laws (Commercial Criminal Law)

Tel +49 (0)211 . 68 77 46-0
bernd.guntermann@wilhelm-rae.de

Bernd Guntermann specializes in commercial criminal law and tax criminal law.

He supports and represents decision makers during preliminary proceedings and in lawsuits. In addition to the defense of individuals, he coordinates the simultaneous defense of multiple board members or employees on behalf of their company. He works closely with our practice group D&O Liability and Insurance in order to resolve civil and criminal law-related liability issues comprehensively.

Bernd Guntermann advises companies in critical business situations, for example during internal investigations prior to possible preliminary proceedings. Furthermore, he helps clients avoiding risks concerning commercial and tax criminal law. He advises board members and company owners on the development and optimization of compliance programs.

Defense and representation

  • Individual defense of decision makers and private individuals
  • Coordinating the simultaneous defense of several board members
  • Defending companies in cases of disgorgement and company fines
  • Defense in criminal proceedings regarding tax and customs law
  • Corruption and proprietary criminal law, insolvency criminal law
  • Immediate support in cases of search or arrests: +49 211 687746-70

Advice and development

  • Internal investigations
  • Drafting and evaluation of compliance systems
  • Criminal due diligences in the course of transactions
  • Compliance and advice for real estate and investment companies
  • Advice during critical tax audits
  • Advice on voluntary disclosures

Bernd Guntermann works as an Of Counsel with Wilhelm Rechtsanwälte. He holds a Master in Commercial Criminal Law and is a specialist solicitor (Fachanwalt) for tax law as well as for commercial and corporate law.

 

Albrecht Birke

Albrecht Birke

Albrecht Birke

Lawyer (Rechtsanwalt) / Of Counsel

Tel + 49 (0) 211 . 68 77 46-0
albrecht.birke@wilhelm-rae.de

Albrecht Birke advises multi-national companies - direct insurers and reinsurers - with the objective to reach extrajudicial settlement of insurance cases - often cross-border. He clarifies complicated facts and specializes in arbitration.

Technical and legal facts

  • Clarifying the relevant technical issues of the case and assessing liability and coverage
  • Close cooperation with the policy holder’s or the insurer’s experts as well as with market experts

Arbitration

  • Acting as arbitrator (party-appointed arbitrator or umpire)
  • Advising clients in arbitration proceedings

International matters in commercial insurance

  • Advising on differing national regulations and cross-border damages calculation
  • Advising companies on product information, operating instructions and manuals in international business and on local insurance coverage

Albrecht Birke worked as claims manager with direct insurers and reinsurers for more than 30 years. During this time, he resolved numerous major losses worldwide. He has profound experience with French and Anglo-American law and extensive knowledge of various European languages (among others fluent in English, French and Spanish).

 

Assessing the technical facts in detail helps settle the case quickly.

 

Werner Becker, M.B.L., MBA

Werner Becker, M.B.L., MBA

Werner Becker, M.B.L., MBA

Lawyer (Rechtsanwalt)
Master of European and International Business Law
Master of Business Administration

Tel + 49 (0) 30 . 81 72 732-0
werner.becker@wilhelm-rae.de

Working at our Berlin office, Werner Becker advises decision makers and companies on issues regarding corporate law, commercial criminal law and criminal law.

As aspecialist solicitor (Fachanwalt) for criminal law and for tax law he complements Wilhelm’s team in advising clients in critical business situations, from corporate restructuring to managers’ liability. At the same time, he clarifies possible problems regarding commercial criminal law. He represents clients before investigation authorities and in criminal trials.

Werner Becker supports companies in structuring internal compliance programs, i.a. with regard to tax compliance. 

Corporate law

  • Legal advice in critical business situations
  • Advising on financing issues
  • Compliance and tax compliance advice

Commercial criminal law and tax law

  • Advising decision makers on how to avoid risks regarding commercial criminal law
  • Advising companies on how to protect against attacks
  • Defense of individuals and advice on criminal law
  • Advice on business risks regarding tax criminal law

Werner Becker holds a “Master of European and International Business Law (MBL)” of the University of St. Gallen as well as a “MBA of Entrepreneurial Management” of the Berlin School of Economics and Law in Berlin.

As executive of the real estate company Teutonia Holding AG, he has many years of experience in managing reals estate portfolios. Furthermore, he accompanied a series of real estate transactions. 

 

 

 

 

 

 

Christoph Manke

Christoph Manke

Christoph Manke

Public Relations

Tel + 49 (0) 211 . 68 77 46-0
christoph.manke@wilhelm-rae.de

Christoph Manke works with Wilhelm as communication consultant specializing in crisis communication and litigation PR. He advises our clients on all aspects of public relations to help avoid reputation damages in a crisis. Christoph Manke coordinates legal strategies and the accompanying external communication. He cooperates closely with our clients' communication departments and the legal counsels.

By planning all communication strategically and by keeping close and cooperative contact to the relevant journalists, Christoph Manke offers important support to clients in various situations:

Crisis communication

  • Development of communication strategies to help resolve a crisis
  • Adressing the media actively (press releases, press conferences) and acting as a contact person for journalists (interim press spokesman)
  • Development of wordings (Q&As) that prepare managers and employees for press inquires
  • Advice on the communication vis-à-vis employees and business partners in times of crisis

Litigation PR

  • Implementation of accompanying PR measures supporting the litigation
  • Coordination of the litigation strategy with the client’s public relations strategy
  • Monitoring and analysis of media coverage

Before joining our firm, Christoph Manke worked as a PR consultant in a leading German PR agency focusing on corporate, financial and crisis communication. He works with various journalists and PR experts.

Christoph Manke is contact person for all press inquiries regarding our firm’s work.

 

 

 

Assistants

Nicole Hörnke

Nicole Hörnke

Christina Schulz

Christina Schulz

Karolina Absalon

Karolina Absalon

Janina Schmidtke

Janina Schmidtke

Sevgi Aydogan

Kristina Hecimovic

Kristina Hecimovic

Yasmin Samwia

Natascha Ambrogio

Natascha Ambrogio

Volker Meurer

Translators

Katy Kessing

Certified and authorized translator for the English language
Certified and sworn interpreter

 

Sylwia Paslawski

Certified and authorized translator for the English language
Qualified Foreign Language Assistant
Bachelor of Arts B.A.
Multilingual Communication

 

On behalf of our clients, Katy Kessing and Sylwia Paslawski translate documents, opinions, contracts, certificates, judgments and mandate-related correspondence. Besides, they translate the publications of our lawyers into English. You find these translations on our homepage. The close cooperation with lawyers and partners responsible for the mandate, allows a parallel resp. prompt preparation of translations in the process of the current mandate.

Katy Kessing is a certified translator for the English language and authorized by the Higher Regional Court in Düsseldorf as well as a certified and sworn interpreter German-English. She studied Economics with an international focus. Before joining Wilhelm Rechtsanwälte, Katy Kessing worked in the industry and in international consultancy. She has profound economic and legal knowledge which she uses for her translations.

Sylwia Paslawski is a qualified foreign language assistant and holds a Bachelor of Arts B.A. She studied Multilingual Communication with a focus on translation, economics, culture and media. Sylwia Paslawski spent some months for practical training with a language school in the South of England and enhanced her language competence in common communication situations.

 

 

 

 

 

 

 

 

 

Career

We are always looking for qualified and dedicated

Lawyers (m/f)

You have successfully completed your studies with results above-average and you are experienced in German insurance law and/or company law? We look forward to hearing from you. We appreciate additional qualifications such as a PhD or a Master.

Please send your application to:

Wilhelm Rechtsanwälte

Partnerschaft von Rechtsanwälten mbB
Reichsstraße 43
40217 Düsseldorf
Germany
Tel: +49 (0)211-68 77 46-0
Fax: +49 (0)211-68 77 46-20
E-Mail: bewerbung@wilhelm-rae.de

 

Young lawyers are invited to get an insight into our work as

Legal Researchers (Referendare) (m/f)

You have completed your first exam with success and are interested in working independently on issues regarding insurance, liability and corporate law?

We look forward to receiving your application:

Wilhelm Rechtsanwälte

Partnerschaft von Rechtsanwälten mbB
Reichsstraße 43
40217 Düsseldorf
Germany
Tel: +49 (0)211-68 77 46-0
Fax: +49 (0)211-68 77 46-20
E-Mail: bewerbung@wilhelm-rae.de

 

 

We find solutions for critical situations by combining specialized expertise in insurance, liability, criminal law, and corporate law.

Insurance

We are counsel to insured companies, direct insurers and reinsures, captives and brokers. Our lawyers draft insurance policies, resolve coverage disputes and advise on reinsurance, social insurance and on regulatory matters.

Insurance programs and contracts

Our lawyers draft and revise insurance terms and optimize complex multi-national insurance programs.

Risk assessment and insurance cover

  • Identification of company risks (risk map)
  • Disclosure of coverage specifications
  • Review and negotiation of insurance concepts

Drafting and improving contracts

  • Revision of insurance terms
  • Drafting contract clauses (e.g. exclusions and obligations)
  • International coverage concepts for complex risks associated with cross-border projects (e.g. warranty & indemnity insurance, supply chain interruption)
  • Group insurance

Compliance and tax

  • Design of multi-national insurance programs including solutions for non-admitted countries
  • Optimization of international tax allocation
  • Review of coverage concepts of multi-national companies and their subsidiaries worldwide
  • Advice on tax issues regarding captives, ART, reinsurance

 

Coverage disputes

Complex insurance cases often lead to disputes between policy holders, insurers and reinsurers. Together with our clients, we achieve economic settlements in and out of court.

Preparation

  • Fact finding and detailed assessment of loss  
  • Clarification of coverage issues such as
    • effectiveness of exclusions
    • breaches of contractual obligations / warranties
    • consequences of cancellation or rescission/avoidance of contract
  • Strategic planning (cost ratio, decision models)

Dispute resolution

  • Representation in settlement negotiations (out of court)
  • Representation in court proceedings with respect to coverage issues
  • Representation in arbitration proceedings

 

D&O insurance

D&O cases are difficult to handle without specialized lawyers. We support our clients in drafting D&O contracts and represent them when it comes to disputes.

Contractual issues

  • Drafting of D&O contracts and identification of coverage gaps in existing policies
  • Advising the management on D&O issues, e.g. upon conclusion of management employment contracts

Dispute resolution

  • Strategic planning and coordination of liability and coverage proceedings
  • Identification of possible implications on coverage resulting from liability issues
  • Consideration of non-legal aspects such as public relations, “political” consequences for the involved parties, de-escalation
  • Settlement negotiations and assessment of possible options to simplify the resolution (e.g. by assignment of the insurance claim)
  • Representation in and out of court

 

Captives & ART

Seeking (direct) insurance cover is just one element of risk transfer. We support companies in the development of alternative risk transfer models such as financial reinsurance, self-insurance or self-retention.

Evaluation of portfolios and opportunities

  • Optimization of risk identification systems and risk transfer
  • Insurance portfolios cost optimization through self-retention and further instruments
  • Tax optimization of group insurance concepts
  • Cooperation with our network of actuaries, technical experts, brokers and reinsures

Product development

  • Combination of self-retention, self-insurance solutions, reinsurance and capital market instruments in order to achieve a comprehensive concept  
  • Advice on the cost-effective use of captives (i.a. outsourcing), on the respective corporate structures and on regulatory requirements for captives (e.g. Solvency II)
  • Support of captive brokers in drafting fronting, reinsurance and retrocession agreements

 

Reinsurance

We are counsel to reinsurers in disputes on coverage and in arbitration proceedings. Our team further advises on the handling of major risks, on the drafting of agreements as well as on reinsurance regulatory matters.

Drafting concepts and agreements

  • Drafting of coverage concepts between captives and reinsurers
  • Development of coverage concepts for risk portfolios and for major risks
  • Drafting of reinsurance and retrocession agreements

Settlement

  • Assessment and implementation of run-off/insurance business
  • Disputes on coverage between insurers and reinsurers as well as retrocessionaires
  • Representation in settlement negotiations as well as in international arbitration proceedings

Reinsurance regulatory

  • Advice on regulatory matters regarding reinsurance
  • Solutions for financial reinsurance projects
  • Advice on issues falling into the scope between insurance supervision and capital market supervision

 

Regulatory

Our legal services help insurers comply with ever stricter regulatory provisions in a challenging environment.

Insurance products

  • Development of new products and sales channels
  • Assessment of the existing insurance business (including run-off) in order to comply with changing regulatory requirements (insurance law, capital market law, distribution law)

General regulatory requirements

  • Advice on Solvency II and related corporate government requirements in Germany
  • Representation in negotiations with BaFin
  • Advice on tax compliance (i.a. FATCA compliance)

 

Social insurance

We advise and represent social insurance carriers and their organizations on administrative and financing matters as well as on mergers, outsourcing and liquidation.

Drafting concepts

  • Restructurings, mergers or outsourcing projects of social insurance carriers
  • Drafting and review of articles and administrative acts as well as of remuneration systems and management employment contracts

Dispute resolution

  • Representation in administrative and budgetary matters vis-à-vis the German Federal Insurance Authority (Bundesversicherungsamt) and the Federal Cartel Office
  • Representation in disputes on social law matters

Further fields of law and social insurance

  • Advice on further legal issues with regard to the special legal framework for social insurance carriers
  • Advice on corporate, tax and labour law matters
  • Mergers
  • Outsourcing
  • Closing and liquidation of social insurance carriers

 

 

Download: Our Practice Group Insurance (PDF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Liability

We help companies and their management avoid liability risks and resolve disputes. Our lawyers represent clients in settlement negotiations as well as in proceedings before domestic and international courts and arbitration tribunals.

Minimizing liability risks

In order to prevent damage claims and conflicts, we assess liability risks and advise on critical issues.

Risk assessment and advice

  • Identification and minimization of personal liability risks
  • Advising managers in critical situations
  • Assessment of a company’s liability risks and identification of possible gaps in insurance coverage

Drafting contracts

  • Drafting of contracts, of general terms and conditions, of articles and of management employment contracts
  • Representation in contract negotiations with business partners

 

Dispute resolution

Our lawyers negotiate and litigate on behalf of our clients to achieve efficient dispute resolutions.

Damage settlement

  • Settlement of major industrial damages, e.g. in mechanical engineering and construction, in the energy industry, building industry, electronics industry or in chemicals and pharmaceuticals
  • Settlement of financial losses (D&O liability, professional liability of lawyers, tax consultants, architects (construction management) or physicians)

Negotiation and litigation

  • Strategic planning under consideration of the consequences of liability disputes for the client’s insurance coverage
  • Representation in negotiations out of court; litigation before courts and arbitration tribunals
  • Identifying and safeguarding recourse claims
  • Litigation monitoring (monitoring and analysis of pending court proceedings)

 

D&O liability

Mistakes made by managers can have severe consequences both for the company and for the person responsible. We advise and represent clients in D&O matters.

Advice and development

  • Advising managers on how to minimize personal liability risks when making important decisions
  • Drafting of management employment contracts and adjustment of D&O insurance coverage to personal liability risks
  • Assessment of possible claims against former or current board members and managers

Assertion of claims and defense

  • Assertion of claims in and out of court under consideration of the consequences for the manager’s D&O insurance claim
  • Defending managers against unjustified damage claims
  • Examination of possibilities for the insured person to assign insurance claims to the company

 

Product liability

We advise manufacturers, distributors and customers on product liability and help settle damages caused by defective products.

Risk minimization

  • Supporting manufacturers especially from the chemical and pharmaceutical industry, automobile industry and electronics industry to avoid product liability risks
  • Assessment and improvement of internal product security compliance under consideration of industry specific and product specific obligations (e.g. Machinery Directive, Pharmaceutical Products Act)

Claims settlement

  • Fact finding in cooperation with our network of technical experts
  • Defending manufacturers or distributors against claims and safeguarding recourse claims
  • Advice on coverage issues under product liability insurance, recall insurance and business interruption insurance in connection with the damage
  • Advice on complex product liability cases in the United States (e.g. class action) and coordination of litigation (the trial attorneys of our US partner firm Clausen Miller have extensive experience in jury trials)

 

Trade and supply chains

International trade is characterized by complex cross-border facts and legal issues. We settle claims and resolve disputes.

Risk minimization

  • Identification of supply chain risks and of possible gaps in insurance coverage (business interruption insurance, transport insurance, etc.)
  • Drafting contracts which make clear provisions for performances and deadlines, for guarantees and warranties as well as for limitations of liability
  • Advice on choice of law and place of jurisdiction for individual trade or supply relationships

Settlement of cross-border damages

  • Assertion of claims for performance of contract, substitute performance or compensation before German and foreign courts as well as before international arbitration tribunals
  • Defending clients against unjustified claims and safeguarding of recourse claims

 

Transportation

The settlement of losses in transit is difficult when multiple liability regimes and legal systems have to be considered. Our lawyers assist clients in settling claims and help minimize risks.

Advice and development

  • Review and drafting of contractual agreements (among others freight and charter contracts, shipping contracts)
  • Coordination of purchase contracts and transportation contracts in accordance with the UN Sales Convention and international commercial law
  • Advice on the scope of international agreements
  • Advice on (transportation) insurance issues

Representation

  • Litigation before domestic and international courts on behalf of plaintiffs or defendants
  • Assessment of risks and costs conntected to litigation before foreign courts
  • Safeguarding recourse claims
  • Representation in customs matters vis-à-vis authorities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Corporate

Our Corporate Team advises companies, insurers, investors, shareholders and managers. We support our clients in transactions, restructuring and reorganization. We draft effective compliance programs and help avoid white collar crime risks.

Mergers & Acquisitions / Private Equity

Whether merger, joint venture, takeover or outsourcing: we support our clients from the beginning of a transaction up to closing.

Equity participations

  • Legal due diligence
  • Drafting of contracts
  • Negotiations with contract partners, investors and banks
  • Management-Buy-Out/Management-Buy-In
  • Award for “Ukrainian M&A-Deal of the Year 2012“ (acquisition of PJSC Bank Forum by an Ukrainian investor from Commerzbank AG) 

Financing, risk hedging and related issues

  • Financing and tax law
  • Issues and disputes with regard to labour law
  • Antitrust law and representation vis-à-vis authorities (German Federal Cartel Office, European Commission, Federal Financial Supervisory Authority – BaFin)
  • Post merger integration and representation in post merger disputes
  • Minimization of transaction risks and risk transfer through insurance

Further transactions

  • Mergers, split-offs and spin-offs
  • Joint venture agreements
  • Reorganization of corporate structures
  • Outsourcing
  • IPOs

 

Crisis and restructuring  

Business crises have complex causes and effects which imply significant liability risks for the management. We support shareholders, managers and companies in resolving the crisis.

Identification and prevention of critical situations

  • Early identification of critical situations
  • Avoiding or eliminating the insolvency or liquidity crisis
  • Development and implementation of temporary measures
  • Cooperation with an interdisciplinary network of business experts, psychological experts and communication consultants

Restructuring and reorganization

  • Drafting and implementation of long term reorganization concepts
  • Negotiations with banks, authorities, business partners and investors
  • Reorganization of internal processes and structures to avoid future crises
  • Helping executives avoid personal liability and criminal proceedings

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Criminal Law

We defend companies and decision makers in proceedings regarding commercial and tax criminal law. We advise on risks concerning white collar crime and support in case of internal compliance violations.

White collar crime

As criminal defense lawyers, we represent board members and private individuals. On behalf of companies, we coordinate the simultaneous defense of several decision makers.

Defense and representation

  • Defending decision makers and private individuals in criminal proceedings
  • Coordinating the simultaneous defense of several board members
  • Defending companies in cases of disgorgement and company fines
  • Specializing in corruption, embezzlement, fraud and insolvency related criminal law
  • Immediate support in cases of search or arrests: +49 211 687746-70

Advice

  • Assessment of possibly illegal matters within the company
  • Criminal due diligences within the course of transactions
  • Helping to avoid risks concerning commercial criminal law in critical business situations

 

Tax criminal law

Our lawyers advise on issues concerning customs as well as tax criminal law and represent clients during preliminary proceedings.

Defense and representation

  • Defense in criminal proceedings regarding tax and customs law
  • Defending tax advisors against the allegation of participating in tax evasions committed by their client
  • Immediate support in cases of search or arrests: +49 211 687746-70

Advice and development

  • Advice during critical tax audits
  • Drafting of legally compliant and economically viable business structures (tax compliance)
  • Advice on voluntary disclosures
  • Advising tax advisers on liability prevention  

 

Compliance

Violations of statutory provisions and internal regulations have economic and judicial consequences. We develop compliance programs and help to solve issues arising from compliance violations.

Conception and design

  • Conception of lean and effective internal compliance organizations
  • Drafting of guidelines as well as of information and notification structures
  • Assumption of responsibilities by our lawyers (e.g. as ombudsman)
  • Evaluation (audits) of existing compliance programs and adjustment of structures in case legal or factual conditions change

 

Advice in case of compliance violations

  • Supporting during internal investigations
  • Initiation of measures regarding criminal law, labor law and further civil law
  • Examination and assertion of coverage claims under D&O or fidelity insurance
  • Advice on the cooperation with investigation authorities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We take a stand on topical market developments, recent judgments and new legislation.

Publications

29 August 2017

Insurance Litigation in Germany: 2017 Edition

An overview of German Insurance Law by Fabian Herdter and Christian Drave.

Our contributing authors give insights into various aspects of insurance litigation in Germany today, from jurisdiction-specific guidance on litigious mechanisms, dispute resolution and arbitration for insurance companies and policyholders, the interpretation and ambiguities of insurance contracts, liability policies and coverage to notice mechanisms and obligations.

Please find below the revised edition of the Germany chapter of Insurance Litigation 2017 published by Getting The Deal Through.

 

6 March 2017

Who pays for cyber damage?

Article by Christian Drave in Versicherungspraxis 03/2017 

In cyber policies, one aspect is more important than in case of "classic" insurance contracts: the question of when the cyber policy provides cover if there is other insurance coverage for the risk or the loss - the problem of multiple insurance.

Christian Drave's article aims to identify potential conflicts for policyholders and to show solutions for the avoidance of coverage gaps and to prevent difficulties in the insured event.

 

14 February 2017

„Movable things“ in property insurance policies may lead to conflict of interpretation

Article by Martin Kandzia in Versicherungspraxis 02/2017 

German insurance policies contain a variety of ambiguous terms. Some of the terms used do not clearly define the intended and favorable circumstances for the policyholder. In such cases, an interpretation of the contract is required.

However, relevant terms in property insurance policies may be interpreted differently, depending on the reference point chosen, as Martin Kandzia shows by the example of the term "movable things".

 

4 October 2016

The subsequent exclusion from insurance coverage in the criminal law insurance for companies and managers

Article by Bernd Guntermann in Versicherungspraxis 10/2016 

A major feature of criminal law insurance for companies and managers is the cover of costs for defense against the reproach of intentionally committed criminal offences.

However, insureds are threatened by subsequent exclusion of insurance coverage in case of conviction. In such cases, all payments have to be reimbursed to the insurer as Bernd Guntermann warns.

 

7 September 2016

Insufficient sum insured and allocation procedure - spurious arguments in claims settlement

Article by Christian Drave in Versicherungspraxis 09/2016 

If a company claims against several insured persons as joint and several debtors, German D&O insurers more and more frequently argue that the sum insured is insufficient and refuse complete compensation under the insurance contract towards the insured persons.

In his article, Christian Drave discusses the underlying legal principles and consequences of this problem.

 

 

Firm news

27 October 2017

WILHELM awarded "Law Firm of the Year for Insurance Law 2017"

Renowned publishing house JUVE has awarded the Wilhelm Rechtsanwälte as Germany's "Law Firm of the Year for Insurance Law 2017".

In their statement, the editors particularly commend the firm’s advice of policyholders on issues relating to D&O, plant construction, compliance and liability: "The law firm, which is frequently recommended in insurance law, is highly specialized, but unlike other insurance law boutiques works mainly at the side of companies that assert claims for insurance cover or need products for certain risks. With its successful concept, the law firm continues to gain mandates from DAX corporations." The editors also praise the far-seeing development of related advisory fields such as corporate law, criminal law and advice in critical situations.

The annual awarding by JUVE – Germany’s leading lawyers’ magazine – is based on recommendations by companies and competitors as well as on research by the JUVE editors. "The award shows us that clients and market participants value our work. We are grateful and motivated to continue to advocate for the interests of insured companies and decision-makers”, explains Dr. Mark Wilhelm, partner and founder of Wilhelm Rechtsanwälte.

Already in 2011, the law firm Wilhelm was awarded "Law Firm of the Year for Insurance Law" by JUVE for the first time.

For any enquiries on this or other topics please contact:

Christoph Manke, christoph.manke@wilhelm-rae.de, +49 211 687746 54

 

4 October 2017

Former AGCS Head of Claims Andreas Shell joins WILHELM to advise policyholders

From today, Dr. Andreas Shell is working for the insurance firm Wilhelm as lawyer and of-counsel.

The long-term Global Head of Claims with Allianz Global Corporate & Specialty (AGCS) will advise reinsurers and insured companies to improve cooperation with insurers.

 “The opposed interests between the insurance industry and commercial clients have made claim settlement increasingly difficult recently. False and insufficient communication significantly contributed to this development“, explains Shell. "Already during underwriting, diffuse or false expectations arise. This leads to disappointment in an insured event." By cooperating, Wilhelm and Shell want to build a bridge between insurers and their clients.

Shell will advise insured companies particularly in the pre-contractual phase and on how to cooperate with insurers during claim settlement to reach the best possible results. Reinsurers will be assisted by Shell as Claims Control Counsel in the settlement of large and medium-sized claims. In disputed cases, he acts as a party representative in arbitration proceedings.

 “From our own experience with him representing our clients’ opponents, we know how knowledgeable and persistent Andreas Shell fights for the interests of his party”, says Dr. Mark Wilhelm, founder of the law firm Wilhelm. “Our clients will benefit from that now. We look forward to working together.”

Shell, who settled corporate claims in the field of property insurance as Global Head of Claims of AGCS since 2006, has more than 25 years of experience in the insurance industry. He was responsible for the claims settlement after 9/11 across all lines at Allianz. At Wilhelm, Shell completes the team of meanwhile 18 lawyers who deal with critical issues in the fields of insurance, liability, corporate and commercial criminal law.

Please find the full press release for download below. In case of any queries please contact:

Christoph Manke (Head of PR), +49 211 687746 54, christoph.manke@wilhelm-rae.de

 

11 April 2017

Wilhelm recommended by Chambers Europe 2017

As in the previous years, our law firm is ranked by Chambers and Partners as one of Germany's leading insurance firms.

The renowned Chambers Europe Guide bases its assessment on interviews with clients and competitors. Again, Wilhelm received numerous recommendations by its clients, who i.a. appreciate that "you feel comfortable with the lawyers: they give you straightforward advice and put a lot of effort into representing you in the best way."

The full ranking is available online at: chambersandpartners.com

 

9 December 2016

Wilhelm a leading insurance firm, says Legal 500

Once more, the renowned legal directory Legal 500 recommends Wilhelm Rechtsanwälte in the practice area Insurance - Dispute Resolution.

In its new Germany edition, the researchers praise Wilhelm's "constantly good team" and highlight the firm's expertise in major losses, in D&O insurance as well as in product liability. According to the directory, the firm has specific industry experience i.a. in energy, chemicals and pharma, as well as in construction and real estate.

The recommendation is based on interviews with clients and competitors.

Please find the latest rankings online on www.legal500.de. An English version will be released in early 2017.

 

3 November 2016

"Highly recommended in Insurance Law": JUVE Handbook 2017

Wilhelm maintains its leading role in German insurance law, says the countries most important law firm directory JUVE.

"This highly recommended firm in insurance is clearly positioned at the side of insurance policyholders in a way that few of its competitors are. With this focus on industrial instructions, the insurance and liability boutique is at the vanguard of a trend that competitors such as White & Case and other large firms are increasingly pursuing. One client praises the team around Wilhelm for its entrepreneurial thinking: “brilliant minds who are very engaged and act strategically”. Much attention was also brought to the firm on the basis of a success before the Federal Court of Justice (Bundesgerichtshof): Wilhelm and Winkler won a precedent dispute for two clients on assignment of claims and the conditions for a claim on the part of the D&O insurer. [...]"

The full ranking and appreciation of our firm can be found online on juve.de.

 

Media coverage

19 October 2016

"Current situation of some companies does not correspond with paid manager bonuses"

Dr. Mark Wilhelm in an interview with Frankfurter Allgemeinen Zeitung  on bonuses for executives of companies in crisis situations.

Please find the full article (German language only) online on faz.net 

 

Link(s)

13 July 2016

"This argumentation turns the idea of fidelity insurance upside down"

Dr. Fabian Herdter in an interview with Versicherungsmonitor  on the settlement of "fake president" cases by fidelity insurers.

Please find the full article released 13 July 2016 on www.versicherungsmonitor.de (German language only).

 

28 June 2016

"Federal Court of Justice has put a stop to the strategy of some insurers"

Dr. Mark Wilhelm in an interview with Handelsblatt on the recent decision of the German Federal Court of Justice on the assignment and seriousness of claims under D&O insurance.

Please find the full article released 28 June 2016 by Handelsblatt (page 17) online (German language only).

 

Link(s)

12 October 2015

"Knowledge of and compliance with new duties is crucial"

Dr. Mark Wilhelm in a report by Versicherungsmonitor on implications for German companies following the UK Insurance Act.

The full article (German language only) can be found on Versicherungsmonitor.de

 

28 September 2015

"If a rework is not possible, customers will have a right to return"

On the Geman TV channel ZDF, Dr. Mark Wilhelm comments on the rights of customers in a recent emissions scandal of a German automaker.

Please find the full video stream (ZDF heute journal of 28 September 2015) under the link below.

 

 

 

There is nothing like a personal conversation. Do not hesitate to get in touch with us. We will be glad to meet you.

 

 

Wilhelm Rechtsanwälte
Partnerschaft von Rechtsanwälten mbB
Reichsstraße 43
40217 Düsseldorf
Germany
Tel: +49 (0)211-68 77 46-0
Fax: +49 (0)211-68 77 46-20
E-Mail: info@wilhelm-rae.de
 

Press contacts

For all questions regarding our law firm, please contact:

Christoph Manke

Public Relations

Wilhelm
Partnerschaft von Rechtsanwälten mbB
Reichsstraße 43
40217 Düsseldorf
Germany

Telephone: +49 (0)211-68 77 46-54
Telefax: +49 (0)211-68 77 46-20
E-Mail: christoph.manke@wilhelm-rae.de

 

 

How to find us

Düsseldorf Office

Reichsstraße 43
40217 Düsseldorf

How to find us (PDF)

Directions (Google Maps)

 

Berlin Office

Mommsenstraße 45
10629 Berlin

How to find us (PDF)

Directions (Google Maps)

 

 

 

 

 

Legal Notice and Privacy

Fenster schließen

Seat:

Wilhelm
Partnerschaft von Rechtsanwälten mbB
Reichsstraße 43
40217 Düsseldorf
Germany
Tel: +49 (0)211-68 77 46-0
Fax: +49 (0)211-68 77 46-20
E-Mail: info@wilhelm-rae.de

Registered at: Amtsgericht Essen PR 1597

VAT-ID: DE814658675

 

The information on this website is provided for information purpose only and does not constitute any legal service by our law firm.

 

The lawyers (“Rechtsanwälte” admitted in the Federal Republic of Germany) of the law firm "Wilhelm Partnerschaft von Rechtsanwälten mbB" Dr. Mark Wilhelm LL.M., Lars Winkler, Bernd Guntermann, Felix Schaefer, Albrecht Birke, Christian Becker, Dr. Fabian Herdter LL.M. Eur., Cäsar Czeremuga, Dr. Friedrich Isenbart, Christian Drave LL.M., Tobias Wessel, Magdalena Möhlenkamp, Dr. Andreas Shell, Frederic Neu, Martin Kandzia and Werner Becker are admitted to:

Düsseldorf Bar Association (Rechtsanwaltskammer Düsseldorf)

Freiligrathstrasse 25
40479 Düsseldorf
Germany

Tel.: +49 (0) 211 49 50 20
Fax: +49 (0) 211 49 50 228
E-Mail: rak-ddorf@datevnet.de

The following professional rules and fee schedules apply. These are provided in detail on the website of the Federal Bar Association (Bundesrechtsanwaltskammer) and/or the Law Society:

  • BRAO (Bundesrechtsanwaltsordnung)
  • BORA (Berufsordnung für Rechtsanwälte)
  • FAO (Fachanwaltsordnung)
  • RVG (Rechtsanwaltsvergütungsgesetz)

 

Privacy Policy:

No personal information is required to use this website. Any personal data submitted by visitors via the contact form is used by us only for this specific purpose. The processing and use of personal data by us will in any case be done in compliance with the German regulations on data protection. We do not forward any personal data to third parties, unless we are legally obliged to do so. The visitor always has the right to obtain information about his personal data gathered by us and has a right to request a correction or deletion.

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Design: Studio Karpstein
Realization: Benjamin Ruff
Photography: Franklin Berger