Dr. Mark Wilhelm, LL.M.
"In critical situations, the decision-makers have a lot at stake. Sometimes even their own financial existence. This is where our strategic consulting comes in."
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Profil
Dr Mark Wilhelm supports decision-makers in critical situations. The aim of his strategic advice is to solve complex challenges, for example in the context of restructurings and transactions, in liability and insurance law disputes or in the event of imminent personal liability of the manager. Legal market reviews such as JUVE, Chambers, Handelsblatt, Wirtschaftswoche and The Legal 500 rank Mark among the leading lawyers in Germany in the areas of directors‘ and officers’ liability and D&O insurance.
He often also advises decision-makers on how to handle complex negotiations. He holds seminars and lectures on this topic and has published the book ‘Negotiation in the event of loss’. He specialises in insurance law and holds a ‘Master of Insurance Law - LL.M.’.
Mark worked for an international law firm for several years before founding WILHELM together with Lars Winkler in 2006.
Mandate
Manager liability and D&O insurance
- Defending a former managing director of BER airport against claims for damages and advice in parliamentary investigation proceedings
- Defending an Arcandor board member against liability claims of the insolvency administrator
- Advising a board member of Bayern LB on D&O issues in the context of a claim for damages
Strategy and consulting
- Advising a multinational insurtech company on product development and Europe-wide insurance distribution
- Advising several fintechs on business strategy issues
- Advising a chemical company on litigation strategy in a dispute with the company's cyber insurer
- Strategic advice to an automotive supplier in disputes with former board members
Beratungsleistungen
Liability
- Strategic and tactical advice on crucial management decisions
- Prevention and protection against liability traps for companies and their managers
- Defence for and claims against managers
- Coordination of complex, multi-causal liability cases
Coverage
- Coverage disputes following major losses
- Solving D&O insurance issues
- Supervision / coverage counsel in international disputes for reinsurers
- Run-off of insurance portfolios
Development
- Development of insurance products for special risks
- Drafting of insurance contracts
- Group insurance contracts
- Financial reinsurance, ART, alternative financing
"Excellent expertise, pragmatic solutions, great advice"
Client feedback, The Legal 500
„Known for his experience in D&O and coverage matters. Sources commend his negotiating ability."
Client feedback, Chambers Europe Guide
Recent publications
Payments after factual insolvency – (once more) not covered by the D&O?
Payments after factual insolvency – (once more) not covered by the D&O?
In Germany, directors are liable for payments made after the company should have filed for insolvency. What is particularly critical is that D&O insurers often refuse to provide cover for such liability claims. Mark Wilhelm explains the objections currently brought forward by insurers.
